Loading...
HomeMy WebLinkAbout1989-10-03 Council MinutesInformal Council Session September 18, 1989 Informal Council Session, September 18, 1989, 6:40 p.m, in the Council Chambers. Mayor McDonald presiding. Councilmembers Present: McDonald, Balmer, Ambrisco, Courtney, Kubby, Larson, Horowitz. Staffinembers Present: Atkins, Karr, Timmins, Smith, Schmelser, Franklin, Davidson, Cain, Tape-recorded: Reel 89.52 Side 1 1 -END, Side END -1; Reel 89-53 Side 1, 1 -END. PLANNING & ZONING MATTERS: Reel 89-52, Side 1 A. 91 C. Schmeiser reported the property was the subject of an earlier request by Pediatrics Associates to rezone the lot for the purpose of parking next to their office building; the City's Comprehensive Plan now advocates rezoning the property to a CO -1 zone. Schmelser stated this item is to implement the newly adopted Comprehensive Plan. Horowitz asked if the land should be left ID -ORP. Schmelser explained the land flows Into a different watershed, There are two little protuberances that extend north of the main portion of the property and It is those two little pjeces of property that are being rezoned to ID -RS. Schmelser explained that it is probably an area that could not be served with sanitary sewer service. Schmelser explained that according to the Comprehensive Plan, the most appropriate use of the land is for single-family residential, Schmelser explained the applicant -owner is now proposing to subdivide the area Into 16 conventional single-family lots and the request is being conditioned to limit the maximum number of lots to which the property could be subdivided, Schmelser noted the Planning & Zoning Commission has raised concerns relating to the environment in the area. Ambrisco Inquired about entrance to the subdivision. Schmelser stated the subdivision would not connect with Ventura Avenue and entrance would connect to Old City Council - Informal Meeting September 18, 1989 Page 2 A E. F. Highway 218 on the east side of the road at the south end of the development. Horowitz Inquired about the Fire Department review of the plans. Schmelser stated the Fire Department has reviewed the plat and Is requesting that a 28 foot street be provided. Horowitz asked why the Planning & Zoning Commission did not request sidewalks. Schmeiser stated because it is a low-density single-family development and often sidewalks are waived along cul-de-sac streets. Schmeiser noted the City can at anytime assess the cost of the construction of sidewalks against the adjoining property owners. Kubby asked if sidewalks would be Installed along Dubuque Street. Schmelser stated the development only involves a small portion of Dubuque Street and sidewalks can be considered sometime in the future if a lot of development takes place along Dubuque Street. Horowitz stated that she has a basic problem with a sophisticated city developing without installing sidewalks. Balmer stated environmental aspects of the area were considered in regard to not installing sidewalks. Schmelser stated that anytime there are thru streets or streets with potential for high speed traffic, there should be sidewalks. Schmeiser noted staff is not supporting the request being made and reasons will be set forth at Council's next meeting. Larson requested a memorandum from City staff regarding office uses in the Neighborhood Commercial Zone, Schmelser stated that variety stores are not presently defined in the Zoning Ordinance. Larson asked what a variety store is. Schmelser stated that a variety store is like our drugstores in association with grocery stores, Le. People's Drug. Kubby noted a distinction may be needed between variety stores and other types of stores such as convenience stores. Schmelser stated that convenience stores are defined as an auto and truck oriented use and have to be less than 4,000 square feet in area. Schmelser stated Mercy Hospital officials wish to add on to the west side of their building over a portion of the vacated alley right-of-way just west of the building. Schmelser noted Mercy Hospital has offered to pay $7,000 for the 12,000 square foot section of the alley, equaling approximately $5.83 per square foot. Balmer inquired if the alley Impacted on any other properties. Schmelser stated that it Is not presently an alley, It's a vacated right-of-way and does not impact on other properties. Horowitz asked where Mercy Hospital's emergency parking lot will be located. Horowitz said it should be made sure that another house isn't torn down for another parking lot. Larson requested guidance and Information regarding the appropriate price for the right -of - i i l I i i ,I 1 ii 1. . City Council - Informal Meeting September 18, 1989 Page 3 way, Kubby inquired about utility easements. Schmeiser stated there Is presently a 20 foot utility easement over the rightof-way and Mercy Hospital will have to relocate utilities if they are in the way. In response to Kubby, Timmins stated the portion of the alley under consideration is east of where the houses are located. Balmer requested a map of the area. G. PUBLIC HEARING Fna nr.Tnaoo Schmeiser explained the applicant wants to vacate and incorporate the right-of-way of Olympic Circle in with the land they own to make one contiguous tract of land that they can develop. Atkins stated the applicant is proposing a land swap with the City and proposes to swap this property for property located near Napoleon Park on the river. Balmer asked what is being envisioned for long-term use of the property next to Napoleon Park. Atkins stated the property could be used for preserving the riverfront and the property is a logical extension of Napoleon Park. In response to Kubby, Atkins stated no cash is involved. Horowitz raised concerns about the need for parking in the Olympic Circle area. Atkins stated the cul-de-sac will become a parking lot for the PPT project and they will meet all the Code requirements with respect to parking. Atkins noted Southgate Development has requested to proceed with construction of the parking lot, at their own risk, prior to approval. Council agreed to that request. H. ORDINANCE AM TO END THE ZONING ORDINANCE TO PERMIT FENCES UP TO SIX FEET IN HEIGHT W THIN 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. Schmeiser stated Councilmembers previously requested information regarding the location of these lots in the community. Schmeiser stated lots are located in the following areas: Scott Boulevard, First Avenue, Highway 6 Bypass, Sycamore Street, south of Highway 6 Bypass, Muscatine Avenue, Mormon Trek, Melrose Avenue, and Rochester Avenue. Schmeiser noted these are locations where the City did not permit direct lot access to arterial streets and therefore required lots to be platted as double frontage lots with access to interior streets. I. ORDINANCE Tn AAAFNn TUC 7nr.w.in ^nn.....,...- Schmeiser explained that the following areas are undeveloped CO -1 tracts of land in Iowa City: 1) property along Northgate Avenue, east of Highway 1 North and north of 1-80; 2) parcels around the Towncrest Complex; and 3) property in a wooded ravine off of the ATC Circle in the vicinity of Howard Johnson's. City Council - Informal Meeting September 18, 1989 Page 4 J. K. M. N. Q No Council comment. Schmelser stated legal papers have not been finalized. Schmeiser recommended this item be deferred. Schmeiser presented a plat map of the area. Schmelser explained this is an amended LSNRD plan that had previously received approval. Schmelser explained the applicant is now proposing to locate parking to the rear of the building rather than in the front. Schmelser presented a plat map of the area. Kubby asked if the developer will pay for the watermain and fire hydrant. Schmeiser said yes. Schmelser presented a plat map of the area. Schmelser stated the plat is straight- forward and is ready for Council consideration. Kubby asked if the old farmhouse will get torn down. Balmer stated Information outlined in Karin Franklin's memo states that the existing house and garage on Lot a is shown for removal. Kubby asked if the area Is needed for functions other than National Guard functions. Schmelser stated they need parking for themselves. Kubby asked if it was typical for the City to lease the property for one dollar. Schmelser stated that consideration was given to this price because the National Guard is another governmental body, Kubby stated she has problems in general In participating in helping the National Guard. City Council - Informal Meeting September 18, 1989 Page 5 Horowitz stated that she would rather put defense money on the relationship between the VA Hospital and the homeless versus a parking lot. Kubby Inquired about provisions requiring use of the area as parking not practicing. Schmeiser stated that provisions In a lease agreement limit its use for parking only. Balmer noted the National Guard has been a good neighbor. Larson Inquired as to why the City does not sell the property. Schmeiser indicated that the property is not needed for street purposes and noted that after four years the City can terminate the lease. DOWNTOWN DEVELOPMENT SOUTH OF BURLINGTON STREET: Reel 89-52, Side 1 Atkins made a presentation regarding the potential for development south of Burlington Street, Atkins stated there are three basic issues: 1) downtown development; 2) the Council's interest in development south of Burlington Street; and 3) these development Issues cannot be considered without an analysis or consideration given to the effect of the development and parking policy on the surrounding neighborhoods. Atkins stated the issue is one of a policy for downtown and its surrounding neighborhoods. Atkins discussed that any development policy has four basic elements: 1) density, 2) location, 3) type of development, and 4) parking. Atkins stated that with respect to the downtown, the City has made a significant public financial commitment with respect to the issue of parking, that is, the City builds parking for the downtown. Atkins stated that how Council reviews development policies will depend on a great deal on how Council is going to deal with parking. Atkins emphasized the issue of parking will constantly arise. Atkins stated the assumption is being made that Council will continue the policy that parking is to pay for Itself, with no cash subsidies. Atkins stated the development policy should come first and parking should be a part of that development policy. Atkins stated a question needing to be addressed by Council is where does Council want to locate the highest Intensity development in the community. Atkins stated there are two options; 1) keep high intensity development in the Immediate downtown area; or 2) loosen some of the City's development standards to allow high intensity development elsewhere in the community. In response to Larson, Atkins said consideration should be given to all aspects of development, not only residential, but commercial and mixed use. Atkins stated that If Intense development Is not in the downtown area, there are practical consequences - development is going to creep out to surrounding neighborhoods. Atkins stated he believes the City needs some kind of policy of containment addressing where the City is going to put high density development. Atkins stated if the City is going to have Intense development In the downtown area, the real and perceived needs for parking will need to be considered. Atkins noted a significant Increase in the parking requirement would inhibit high-rise construction whereas if parking requirements were eliminated in the CB -2 zone, construction would likely be initiated right away. Atkins asked if the City is to become the ultimate provider of parking in the Immediate downtown area. Atkins stated that in any development policy, there are going to be certain elements that are inevitable: 1) the City is tied to the Issue of parking; 2) no way is the City ever going to fully meet the parking "demands"; 3) if the City is going to approach the parking problem, the City City Council - Informal Meeting September 18, 1gag Page 6 has to attack it in a comprehensive fashion - tying it directly to development; and 4) the City needs to allow for development opportunity in the downtown. Atkins suggested ways in which to continue high intensity development In the downtown area: 1) the need to designate in the downtown a planned redevelopment area; 2) the City would develop within that district a comprehensive and systematic parking policy; and 3) make developments pay for their parking requirements, such as direct cash subsidies for the operation of public parking facilities in the area. Atkins explained payment could be made in a number of ways including tax incremental financing district, payment in lieu of, and self- supporting municipal Improvement district. Atkins stated that cash payments would assist the City in construction of parking to accommodate development desired in the area. Atkins said the attempt is to contain the City's intense development, confine parking and development 4 policies to the area, control the growth of the downtown area, and to reduce high density development decisions in neighborhoods the City is trying to preserve. Atkins stated staff can stage parking development throughout the district to accommodate the kind of development Council wants to occur. Atkins stated staff would receive Ideas from Council and give Council a schedule of parking that accommodates the development plan under consideration. Larson asked if current parking requirements for various uses would be changed. Atkins stated yes, Horowitz suggested use of a circulating mini bus be tied in with development. Atkins stated that they would need to have some kind of circulating system when the area became fully developed to allow people to move around in. Horowitz raised concerns about the University Of Iowa's sprawl and said It should be and what kind of control taken oll the City anexercise would need of be considered. Atkinslications can draw boundaries and uses can be esblished. Balmer stated the concet as pr scented offered flexibility and h scific merit, Atkins emphasized that the critical element is that the City is extending planning authority further than what has been traditionally done. Kubby raised concerns regarding the potential for low-income housing being torn down and asked what kind of incentives the City could establish in the area for low-income housing. Atkins replied that the housing policy needs to be discussed and Council can establish certain requirements for the district. Kubby stated that housing for low -Income persons needs to be considered. Atkins stated certain incentives can be built Into the development policy. Atkins stated that the development policy should be one of which parking is only one component. Council discussed the concept of development south of Burlington Street. Horowitz said it is not impossible to have a parking and transit plan. McDonald stated south of Burlington Street is, an area prime for redevelopment. McDonald stated the City should go full steam ahead regarding development of various options for the area. Larson stated that there needs to be flexibility with regard to parking. Larson expressed concern that the City maintain control regarding the parking process. Atkins stated it is critical for Council's acceptance or willingness to define an area, and that staff an come up with a general development plan. Atkins emphasized that the bottom line is the process of containment - that area the City wants to see Intense development to occur. Courtney reminded Council that the d change. of dynamics to aplans for the uarea, sCouncil and Istaff referred oraw map of the itz asked hareaat .aAtkins t ttedrtt ff seek o City will have to Identify parcel -by -parcel the ownership of the properties in the area. Balmer Inquired about the timeframe for development plans. Atkins stated that a tremendous amount of work will need to be done and the next step will allow taking the concept to the Planning 1 City Council - Informal Meeting September 18, 1989 Page 7 & Zoning Commission, Ambrisco stated that staff will need to look at the concept of development and parking in tandem, Ambrisco said he would like to see parking garage, residential permits and buses considered. Atkins stated there will be a lot of peripheral issues Involved. Kubby inquired about a moratorium on new development applications for the area, Timmins stated that a moratorium ordinance process would need to include a public hearing and ordinance. Kubby suggested that development be put on hold. McDonald stated there is not Council majority that would really want to look at establishment of a moratorium ordinance. Council agreed to direct staff to develop the downtown development south of Burlington Street concept as presented. COUNCIL TIME: Reel 89-53, Side 1 1. Atkins noted he has prepared a pending list of 25 items to present to Council to be used as a working list. 2. Larson requested Council take action regarding Cliff Apartments. Timmins suggested Council schedule a closed session regarding this issue. McDonald stated a closed session can be scheduled in two weeks to discuss action. 3. (Agenda Item No. 3.e.4.d&e - Parking prohibition in the alley bounded by Washington Street, Linn Street, College Street, and Clinton Street.) In response to Courtney, Timmins stated that recommendation is based on an ordinance that has been drafted, but has not been finalized. Timmins suggested Council hold off on adopting these items until staff has the ordinance prepared. Council agreed to delete items d and e from the Consent Calendar. 4. Atkins noted the City has received correspondence from Montessori School regarding acquiring the 510 Reno Street property, Atkins stated Montessori School has agreed to utilize the property for green space, not parking, and will not expand the playground equipment to the west. Montessori School will move Its playground fence to the north. Council agreed covenants are needed regarding that agreement. 5. (Agenda Item No. 6 - Public hearing on the sale and conveyance of Lower Ralston Creek Parcels C and D to S -M Partners.) Horowitz asked If this dovetails with the Maiden Lane bridge plan. Atkins stated no, this is an independent project. 6. Horowitz noted the JCCOG meeting is scheduled for Wednesday. Larson said he didn't have any questions. Balmer said he would not be able to attend. 7. Ambrisco noted the Council Rules Committee will meet Tuesday at 7:00 p.m, 8. (Agenda Item No. 7 - Resolution approving a contract for the sale of land for private redevelopment with S -M Partners for Parcel D.) Larson stated that the City needs to publicize in a different way the sale of City property. ■ l City Council • Informal Meeting September 18, 1989 Page 8 9. In response to Karr, Council discussed October, November, and December meeting schedules. It was decided that formal Council meetings will be scheduled October 3, 17, and 24; November 14 and 21; and December 12 and 19. Councilmembers suggested scheduling informal Council meetings on Tuesdays prior to the formal meeting. EXECUTIVE SESSION: Moved by Courtney, seconded by Larson, 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, 8:35 p.m, i i j jI i I i i� I; i 11� OFFICIAL COUNCIL ACTIONS - 9/(9/69 The cost of publishing the following proceedings and claims Is $ . Cumulative cost for this calendar year for said publlcatlon is $ Iowa City Council, reg,mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councllmembers present: Ambrisoo, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None, The Mayor proclaimed September 18-22, 1969, as ADULT DAY CARE CENTER WEEK; September 2430, 1969, as REPRODUCTIVE RIGHTS WEEK Moved and seconded, that the following hems 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 9/5/69, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Library Trustees - 6/24; PQ Comm,. 8/17,9/7; Historic preserva- tion Comm. - 6/16; Broadband Telecommunications Comm. - 7/26; Housing Comm, - 6/8, 9/12. Pennk Motions: Outdoor Service Area for The Wig and Pen, Ltd., 1220 Hwy. 6 West Class C Liquor License for The Wig and Pen, 1220 Hwy. 6 West Class C Beer Permit for T&M Mini -Man, 2601 Hwy. 6 West Class E Beer Permit for Oulk Trip #503, 123 W. Benton. Class E Beer Permit for Oulk Trip #548, 955 Mormon Trek. Special Class C Beer/Wine Permit for Saigon Restaurant, 209 N. Linn Street. Class C Beer Permit for Watts Food Market, 1603 Muscatine Avenue. Resolutions: RES. 89-219, ACCEPTING THE WORK FOR THE SLUDGE FORCE MAIN PROJECT. RES. 89- 220, ACCEPTING THE WORK FOR THE SUPPLEMENTAL CONTRACT FOR THE LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER PROJECT. RES. 89-221, ACCEPTING THE WORK FOR THE SCOTT BOULEVARD SANITARY SEWER EXTENSION AND THE NECESSARY EASEMENT ASSOCIATED THEREOF. RES. 89.222, ADOPTING SUPPLEMENT NO. 41 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. Correspondence: Robert C. Brown, M.D., requesting the City Council to proclaim Iowa City a Drug Free Zone. Richard F. Houston expressing support for a community arts comer. Lolly Eggers, Library Director, regarding the proposal for a community arts facility. Memo from the Traffic Engr, re: Parking prohibition In the 500 block of North First Avenue; Parking Prohibition on the west side o1 the 500 block of South Unn Street; Yield signs at the Intersection of Union Road with California Avenue. Memo from the CNII Service Commission submitting certined lists of applicants for the following Positions: Treatment Punt Operator/Pollutlon Control Division; Maintenance Worker I/Cartrol Business District. Applications for City Plaza Use Permits: DaAnn Nilles for permission to set up a table on Cly Plaza from which to distribute Information and offer buttons for donations on 9/25, 28, 29, 30/89, approved, Jim Spevak, Peace Corps Coordinator for the U of I, for Permission to set up a table on City Plaza on 9/26, 27/89, from which to distribute literature, approved, Latin Amedcan Human Rights Advocacy Comer for Permisslon to set up a table on City Plaza on 9/1-18/89, from which to distribute literature and offer crafts for donations, approved, or Use of Streets and Public Grounds: Jackie o Applications oe for fPermissbn to picket at Emma Goldman CllnIc during the month of September 1989 (approved for Otfklal Actions September 19, 1989 Page 2 a one-week period, 9/11.16/89). Raymond M. Holloway for permission to picket at Emma Goldman Cllnlc 9/18- 2ZS9, approved. Chamber of Commerce to have Sidewalk Sales on 9/14, 15, 16/89, approved. W.H. Kendall to offer Buddy Poppies for donations on Iowa City sidewalks on 9/15, 16/89, approved. Lane Wydck to film a student production on public property on 9125/89, approved. Robert Bradley for the use of Essex Street for a block party on 9123/89, approved. Homecoming Council to have the University of Iowa Homecoming Parade on 10119/89, approved. The Mayor declared the motion carded. Moved and seconded, to set a public hearing for 10/3, on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property located at 615 E. Jefferson Street from RNC -20 to CO -1. The Mayor declared the motion carded. Moved and seconded, to set a public hearing for 10/3, on an ordinance amending the Zoning Ordinance by changing the use regulations of approximately 30 acres of land located In northwest Iowa City, west of Camp Cardinal Road from ID - ORP 10 ID -RS. The Mayor declared the motion carded. Moved and seconded, to set a public hearing for 10/3, on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of a 7.966 acre tract of land generally located south of Ventura Avenue and north of B)aysvllle Lane on North Dubuque Street (Oki Highway 218) from PDH -12 to RS -5. The Mayor declared the motion carried. Moved and seconded, to set a public hearing for 10/3, on an ordinance to amend the Zoning Ordinance regulations of the Neighborhood Commercial, CN -1, Zone. The Mayor declared the motion carried. Moved and seconded, to set a public hearing for 10/3, on an ordinance to amend the Zoning Ordinance to define varlet' stores. The Mayor declared the motion carded. Moved and seconded, to adopt RES. 89-223, RESOLU- TION OF INTENT TO CONVEY A PORTION OF AN ALLEY IN BLOCK 47 AND SET A PUBLIC HEARING FOR 10/3 ON THE CONVEYANCE. Moved and seconded, to set a public hearing for 1013, on an ordinance to vacate Olympic Circle west of Boyrum Street. The Mayor declared the motion carried. Moved amd seconded, to adopt ORD. 893431, 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. Moved and seconded, to adopt ORD. 893432, AMEND THE ZONING ORDINANCE TO PERMIT AN INCREASE IN BUILDING HEIGHT AND FLOOR AREA RATIO IN THE COM- MERCIAL OFFICE, CO -11, ZONE. Moved and seconded, to adopt ORD. 893433, AMEND THE ZONING ORDINANCE TO CLARIFY THE RULES OF CONSTRUCTION FOR BOUNDARIES OF ZONES. Moved and seconded, to defer the resolution approving the final plat of Prairie View Estates, Part Three, a 19.17 acre, 13 -lot residential subdivision located north of 150 and east of Prairie du Chien Road In Johnson County. The Mayor declared the motion carried. Official Actions September 19, 1999 Page 3 Moved and seconded, to adopt RES. 89-224, APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT (LSNRD) PLAN FOR LOTS 2 AND 3 OF HIGHLANDER DEVELOPMENT FIRST ADDITION. Moved and seconded, to adopt RES. 89.225, APPROVE AN AMENDED PREUMINARY LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT (LSNRD) PLAN TO PERMIT THE CONSTRUCTION OF A 9,000 SQUARE FOOT WAREHOUSE ON LOT 2 OF 801 FIRST ADDITION. Moved and seconded, to adopt RES. 89428, APPROVING THE PRELIMINARY PLAT OF MOSS WOODS SUBDIVISION, AN APPROXIMATE 10.7 ACRE, 8 -LOT SINGLE-FAMILY RESIDENRALSUBDMSION LOCATED IN JOHNSON COUNTY ON UNDER ROAD, WEST OF UNDER VALLEY SUBDIVISION AND WEST OF AGUDAS ACHIM CEMETERY. Moved and seconded, to adopt RES. 89-227, AUTHORIZ. ING THE MAYOR TO SIGN AND THE CITY CLERK TO - ATTEST A LEASE AGREEMENT BETWEEN THE CfTY AND THE IOWA CITY ARMORY CORPORATION (THE NATIONAL GUARD) FOR USE OF CITY PROPERTY ABUTTING THE ARMORY ON CUNTON STREET. j Geraldine Busse, Senior Center Commissioner, updated Council on the new computer program at the Center, Invited Courci and the public to attend special October birthday celebrations planned at the Center, and distributed materials related to registration. Lynne Vermace appeared regarding animal control regulations and policies oonceming ferrets. The City Manager noted that there was no known rabies vaccine and that City policy did not allow for placement of the animals. Surrounding shelters are being contacted regarding their pDlicfes. He suggested that the matter be referred to the Animal Control Advisory Board for review and a recommends. tlon be forwarded back to Council. In the Interim, ferrets would not be destroyed at the shelter. Council agreed to wait for a recommendation from the Animal Advisory Control Board ` prior to oonsidedng this matter. Rob Wrisberg, 1100 Arthur, thanked Council for the took bag being distributed this month for Indniduals purchasing bus passes. A public hearing was held on the sale and conveyance of Lower Ralston Creek Parcels C and D to S -M Panners, for $21.000 for Parcel C and $42,000 for Parcel D. Moved and seconded, to adopt RES. 89.228, APPROVING A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVEL. OPMENT WITH S•M PARTNERS FOR PARCEL D LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND ' AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE i THE CONTRACT AND DEEDS TO THE PROPERTY. Moved and seconded, to adopt RES. 89-229, APPROVING ' A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVEL• OPMENT WITH S -M PARTNERS FOR PARCEL C LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AND DEEDS TO THE PROPERTY. A public hearing was held on Applications for 100 Units of Section 8 Existing Housing Units (Vouchers and Cert10• cates). A public hearing was held on Plans, SpecMlcatlons, Form Of Cantrsct and Estimate of Cost for the CNIc Center/police and Fire Departments Asbestos Removal Project. Moved and seconded, to adopt. RES. 89.230, APPROV• ING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF CAST FOR THE CMC CENTER/POUCE AND Official Actions September 19, 1989 Page 4 FIRE DEPARTMENTS ASBESTOS REMOVAL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOM- PANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FDONG TIME AND PLACE FOR RECEIPT OF BIDS, The Mayor announced the following vacancies: Human Rights Comm. - three vacancies for three-year terms ending 1 1/1/93; Parks and Recreation Comm. - two vacancies for four- year terms ending 1/1/94; Bd. of Adjustment - one vacancy for a five-year term ending 1/1/95. These appointments will be made at the October 24, 1989, meeting of the City Council. Moved and seconded, to rotor to the Broadband Telecom- munications Commission the letter from Public Access Television, Inc., requesting a representative from the City of I Iowa City (preferably a member of the Broadband Telecom- munications Commission) to serve as an ex-of8clo member of ' the Board of Directors of the NPO. In response to Horowitz, .I McDonald clarified that the Commission and the NPO are two separate carded. Recommendationsof the Housing Commissioed as follows: (1) That the City Council adopt an ordinance amend - Ing Chapter 17 of the Cade of Ordinances of the City of to City, Iowa, by amending Sections 17.2 and 173 to require owners of rental property not residents of Johnson County and t owners of oondominium'residentlat property to designate a i local operator empowered to represent a property owners concerning compliance with the Iowa City Housing Code. This matter will be presented to the City Council at a later date. (2) That the City Council approve a resolution authorizing execu- tion ct a Debt Forgiveness Amendment to Consolidated " Contributions Contract #KC -9166 Project IAO22OD3, i IAOSP022'9D4, IAOSP022005. , . Moved and seconded, to adopt RES, 89-231, AUTHORIZ- ING AND DIRECTING THE FILING OF AN APPLICATION ON - BEHALF OF THE CITY OF IOWA CITY WITH THE DEPART. MENTOFTRANSPORTATION, UNITED STATES OFAMERICA, `� FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT OPERATING AND AND DESIGNA NG THE CITY CAPITAMANAGER�ASSETHE CRY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. Moved and seconded, to adopt RES. 89-232, APPROVING AGREEMENT BETWEEN THE CITY, NEIGHBORHOOD CENTER AND DEVELOPER FOR CONSTRUCTION OF A NEIGHBORHOOD CENTER ON CITY PROPERTY LOCATED AT 2105 BROADWAY STREET AND AUTHORIZING THE MAYOR TO SIGN. Moved and seconded, to adopt RES. 89.233, RESOLU- TION OF INTENT TO ENTER INTO A LEASE AGREEMENT IOWA. TONEIGHBORHOOD LEASE PROPERTY AT 2105 BROADWAY STRERS OF JOHNSON ET IN CONJUNCTION WITH THE OPERATION OF A NEIGHBOR- - HOOD CENTER, AND SETTING PUBLIC HEARING THEREON FOR OCTOBER 3, 1989. Moved and seconded, to adopt RES. 89-234, AUTHORIZ- ING EXECUTION OF A DEBT FORGIVENESS AMENDMENT TO ANNUAL CONTRIBUTIONS CONTRACTKC9166 BETWEEN THE CITY AND THE FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC HOUSING. Moved and seconded, to adjoum 8:55 P.M. The Mayor declared the motion carried, Official Actions September 19, 1989 Page 5 A more complete description of Council activities Is on file in the office of the City Clerk WJOHN MCDONALD, MAYOR s/MARIAN K KAR?4444.. cirr+44 +.) IP Submitted for publication -99=89. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 19, 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. Statfinembers present: Atkins, Helling, Timmins, Karr, Schmeiser, Gannon, Fosse, Milkman, Seydel, Doyle. Council minutes tape recorded on Tape 89-51, Side 2, 598- 1; 89.54, Side 1, 1 -END. The Mayor proclaimed September 18-22, 1989, as ADULT DAY CARE CENTER WEEK; September 24.30, 1989, as REPRODUCTIVE RIGHTS WEEK, The Mayor noted the deletion of items 3e(4)(d) and 3e(4)(e) from the Consent Calendar, memos from Traffic Engr. re: the downtown alley bounded by Washington/Clinton/Linn/College. Moved by Larson, seconded by Ambrisco, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 9/5/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Ed. of Library Trustees - 8/24/89; P&Z Comm, - 8/17/89, 9/7/89; Historic Preservation Comm. - 8/16/89; Broadband Telecommunications Comm, - 7/26/89; Housing Comm. - 8/8/89, 9/12/89. Permit Motions: Approving an Outdoor Service Area for The Wig and Pen, Ltd., 1220 Hwy. 6 West. Approving a Class C Liquor License for The Wig and Pen, Ltd., dba The Wig and Pen, 1220 Hwy. 6 West. Approving a Class C Beer Permit for T&M Mini -Mart, Ltd. dba T&M Mini -Mart, 2601 Hwy. 6 West. Approving a Class E Beer Permit for Quik Trip Corporation dba Quik Trip #503, 123 W. Benton. Approving a Class E Beer Permit for Quik Trip Corporation dba Quik Trip #548, 955 Mormon Trek, Approving a Special Class C Beer/Wine Permit for Hung Lam dba Saigon Restaurant, 209 N. Linn Street. Approving a Class C Beer Permit for Clarissa T. Waft dba Watts Food Market, 1603 Muscatine Avenue. Resolutions: RES. Bk. 102, RES. 89-219, P. 219, ACCEPTING THE WORK FOR THE SLUDGE FORCE MAIN PROJECT. RES. 89-220, P. 220, ACCEPTING THE WORK FOR THE SUPPLEMENTAL CONTRACT FOR THE LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER PROJECT. RES. 89-221, P. 221, ACCEPTING THE WORK FOR THE SCOTT BOULEVARD SANITARY SEWER EXTENSION AND THE NECESSARY EASEMENT ASSOCIATED THEREOF. RES. 89-222, p. 222, ADOPTING SUPPLEMENT NO. 41 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. Correspondence: Robert C. Brown, M.D., requesting the City Council to proclaim Iowa City a Drug Free Zone. Richard F. Houston expressing support for a community arts center. Lolly Eggers, Library Director, regarding the proposal for a community arts facility. Memo from the Traffic Engr, re: Parking prohibition in the 500 block of North First Avenue; Parking prohibition on the west side of the 500 block of South Linn Street; -i i i i. i. i Council Activities September 19, 1989 Page 2 Yield signs at the intersection of Union Road with California Avenue. Memo from the Civil Service Commission submitting certified lists of applicants for the following positions: Treatment Plant Operator/Pollution Control Division; Maintenance Worker I/Central Business District. Applications for City Plaza Use Permits: DeAnn Nilles for permission to set up a table on City Plaza from which to distribute Information and offer buttons for donations on 9/25, 28, 29, 30/89, approved. Jim Spevak, Peace Corps Coordinator for the U of 1, for permission to set up a table on City Plaza on 9/26, 27/89, from which to distribute literature, approved. Latin American Human Rights Advocacy Center for permission to set up a table on City Plaza on 9/1-18/89, from which to distribute literature and offer crafts for donations, approved. Applications for Use of Streets and Public Grounds: Jackie Fordice for permission to picket at Emma Goldman Clinic during the month of September 1989 (approved for a one-week period, 9/11-16/89). Raymond M. Holloway for permission to picket at Emma Goldman Clinic 9/18-22/89, approved. Chamber of Commerce to have Sidewalk Sales on 9/14, 15, 16/89, approved. W.H. Kendall to offer Buddy Poppies for donations on Iowa City sidewalks on 9/15, 16/89, approved. Lane Wyrick to film a student production on public property on 9/2-5/89, approved. Robert Bradley for the use of Essex Street for a block party on 9/23/89, approved. Homecoming Council to have the University of Iowa Homecoming Parade on 10/19/89, approved. Larson noted the deletion of memos re: the downtown alley near Dain -Bosworth and advised citizens that there was going to be a new parking rule with a different enforcement policy of towing away vehicles rather than ticketing. He noted this item would be coming back on the agenda atter Legal prepares necessary documents. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Courtney, to set a public hearing for 10/3/89, on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property located at 615 E. Jefferson Street from RNC -20 to CO -1 (Pediatrics Associates). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 10/3/89, on an ordinance amending the Zoning Ordinance by changing the use regulations of approximately 30 acres of land located in northwest Iowa City, west of Camp Cardinal Road from ID -ORP to ID -RS (Deer Creek). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, to set a public hearing for 10/3/89, on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of a 7.966 acre tract of land generally located south of Ventura Avenue and north of B)aysville Lane on North Dubuque Street (Old Highway 218) from PDH -12 to RS -5 (Meadow Ridge), The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. I. i I� l it 1 f. Council Activities September 19, 1989 Page 3 Moved by Balmer, seconded by Courtney, to set a public hearing for 10/3/89, on an ordinance to amend the Zoning Ordinance regulations of the Neighborhood Commercial, CN - 1, Zone. Horowitz asked that information be furnished Council prior to the 10/3 public hearing that would outline staff reasons for recommending Council not accept this recommendation. Ambrisco noted that P&Z Commissioner had abstained from a number of items at the P&Z meeting of 7/6 and noted for the public that Ms. Reid was recently appointed to that Commission and felt she did not have the background Information necessary to vote. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 10/3/89, on an ordinance to amend the Zoning Ordinance to define variety stores. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.223, Bk. 102, p. 223, RESOLUTION OF INTENT TO CONVEY A PORTION OF AN ALLEY IN BLOCK 47 AND SET A PUBLIC HEARING FOR 10/3/89 ON THE CONVEYANCE (Mercy Hospital). Ambrisco reviewed Council informal discussion the previous evening when Council was assured that approval of this conveyance would not be stopping any existing or contiguous property owners from gaining access or egress from their properties. Larson questioned if adoption of the resolution Indicated approval of the purchase price also. The City Attorney stated that the resolution authorized publication of a notice that contained information including square footage and price. Larson indicated he had no problem sailing the property but had not been furnished staff information re: the price. PPD Director Schmelser stated the City had not disposed of an alley that has equalled the proposed $7,500. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 10/3/89, on an ordinance to vacate Olympic Circle west of Boyrum Street (Southgate Development Co.). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present, Moved by Balmer, seconded by Ambrisco, to adopt ORD. 89.3431, Bk. 31, p. 32, 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, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Balmer, to adopt ORD. 89.3432, Bk. 31, p. 33, AMEND THE ZONING ORDINANCE TO PERMIT AN INCREASE IN BUILDING HEIGHT AND FLOOR AREA RATIO IN THE COMMERCIAL OFFICE, CO -1, ZONE, 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 Ambrisco, to adopt ORD. 89.3433, Bk. 31, p, 33, AMEND THE ZONING ORDINANCE TO CLARIFY THE RULES OF CONSTRUCTION FOR BOUNDARIES OF ZONES, be passed and adopted, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Council Activities September 19, 1989 Page 4 Moved by Balmer, seconded by Horowitz, to defer the resolution approving the final plat of Prairie View Estates, Part Three, a 19.17 acre, 13 -lot residential subdivision located north of 1-80 and east of Prairie du Chien Road in Johnson County. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrlsco, to adopt RES. 89-224, Bk. 102, P. 224, APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR LOTS 2 AND 3 OF HIGHLANDER DEVELOPMENT FIRST ADDITION (Northgate Corporate park). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Ambrlsco, to adopt RES. 89-225, Bk. 102, p. 225, APPROVE AN AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN TO PERMIT THE CONSTRUCTION OF A 9,000 SQUARE FOOT WAREHOUSE ON LOT 2 OF BDI FIRST ADDITION. Affirmative roll call vole unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Horowitz,Moved by Ambrisco, seconded by APPROVING THE PRELIMINARY PLAT F MOSSWOODS SUBDIVISION, AN APPROXIMATE 10.7 ACRE, 8 -LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED IN JOHNSON COUNTY ON LINDER ROAD, WEST OF LINDER VALLEY SUBDIVISION AND WEST OF AGUDAS ACHIM CEMETERY. Kubby noted that there was a number of trees along the north side of the road and questioned whether they would be saved and Incorporated into the development. PPD Director Schmelser stated to the best of his knowledge all the trees would be saved except those removed for placement of Individual houses. 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. 89-227, Bk. 102, p, 227, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT BETWEEN THE CITY AND THE IOWA CITY ARMORY CORPORATION (THE NATIONAL GUARD) FOR USE OF CITY PROPERTY ABUTTING THE ARMORY ON CLINTON STREET. Kubby raised two concerns, 1) why not sell the property to the National Guard rather than lease it for $100 per year, and 2) she had a problem helping out the Guard who Instead of doing'rural health care in Iowa the Governor sends to Honduras. She stated her Intent to vote against this resolution. Balmer and Larson stated their support of the resolution as it allows the City greater flexibility and does not foreclose any options if the City would want to change traffic patterns in the area. Courtney also noted it was a good example of Intergovernmental cooperation. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Ambrlsco, Balmer, Courtney, Horowitz, Larson, McDonald. Nays: Kubby. Geraldine Busse, Senior Center Commissioner, updated Council on the new computer progracelebrations at the lInvited Council pla planned at heCenerr,and distributepublic t materialsrelateend d special toregistration,biLynne Vermace appeared regarding animal control regulations and policles concerning ferrets. The City Manager noted that there was no known rabies vaccine and that Clty policy did not allow Council Activities September 19, 1989 Page 5 for placement of the animals. Surrounding shelters are being contacted regarding their policies. He suggested that the matter be referred to the Animal Control Advisory Board for review and a recommendation be forwarded back to Council. In the interim, ferrets would not be destroyed at the shelter. Council agreed to wait for a recommendation from the Animal Advisory Control Board prior to considering this matter. Rob Wrisberg, 1100 Arthur, thanked Council for the book bag being distributed this month for individuals purchasing bus passes. A public hearing was held on the sale and conveyance of Lower Ralston Creek Parcels C and D to S -M Partners, for $21,000 for Parcel C and $42,000 for Parcel D. No one appeared. Moved by Balmer, seconded by Horowitz, to adopt RES. 89.228, Bk. 102, p. 228, APPROVING A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH S- M PARTNERS FOR PARCEL D LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AND DEEDS TO THE PROPERTY. Larson noted Council discussions regarding reviewing the procedure for selling city parcels of land and stated he felt the City didn't get as high of a price as perhaps it could have with more vigorous advertising, He stated he would be voting In favor of the resolution but did want the procedure looked at. Kubby noted that the space between what the City buys and sells gets bigger and bigger. She stated she would be voting against the proposal because of the price of the land and the difference between the bid price and the appraisal price. Balmer noted that both parcels are unique pieces of property and that they had been bid a number of different times. He supported the procedure being explored for future parcels. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Balmer, Courtney, Horowitz, Larson, McDonald, Ambrisco. Nays: Kubby. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-229, Bk. 102, p. 229, APPROVING A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH S- M PARTNERS FOR PARCEL C LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AND DEEDS TO THE PROPERTY. The Mayor declared the resolution adopted, 6/i, with the following division of roll call vote: Ayes: Courtney, Horowitz, Larson, McDonald, Ambrisco, Balmer, Nays: Kubby. A public hearing was held on Applications for 100 Units of Section 8 Existing Housing Units (Vouchers and Certificates). No one appeared. A public hearing was held on Plans, Specifications, Form of Contract and Estimate of Cost for the Civic Center/Police and Fire Departments Asbestos Removal Project. No one appeared, Moved by Balmer, seconded by Courtney, to adopt. RES. 89.230, Bk. 102, p, 230, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CIVIC CENTERIPOLICE AND FIRE DEPARTMENTS ASBESTOS REMOVAL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR Council Activities September 19, 1989 Page 6 RECEIPT OF BIDS. Kubby questioned if the price included the removal as well as monitoring of the removal. The City Manager stated he would discuss the matter with staffinember Jim Schoenfelder and report back to Council. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Human Rights Comm. - three vacancies for three-year terms ending 1/1/93; Parks and Recreation Comm. - two vacancies for four-year terms ending 1/1/94; Bd. of Adjustment - one vacancy for a five-year term ending 1/1/95. These appointments will be made at the October 24, 1989, meeting of the City Council. Moved by Balmer, seconded by Horowitz, to refer to the Broadband Telecommunica- tions Commission the letter from Public Access Television, Inc., requesting a representative from the City of Iowa City (preferably a member of the Broadband Telecommunications Commission) to serve as an ex -officio member of the Board of Directors of the NPO. in response to Horowitz, McDonald clarified that the Commission and the NPO are two separate bodies. The Mayor declared the motion carried unanimously, 7/0, all Councllmembers present. Councilmember Balmer requested an update on the status of the memo from the City Manager to the Housing Commission re: review of rehabilitation program and the request from HUD to review projects over $5,000 only. The City Manager reported that the Commission had met with staff on 9/12, the position of HUD was explained and the matter deferred to the next meeting. Balmer noted that the downtown pedestrian area tranquility is being shattered late nights. He stated the problems seem to be getting worse and that the area represented a huge public investment. He urged closer scrutinizing of those establishments that are causing the problems. Balmer asked for more policies and procedures for solving problems in the area. Courtney also pointed out the frequent fluorescent paintings on park benches and the like. Ambrisco urged the public to pay attention to Council discussion of the expansion of the Central Business District (CBD) south of Burlington Street. Horowitz noted the numbers of volunteers who currently serve the City and said she would be exploring ways of recognizing them. She also reported on the recent League of Iowa Municipalities meeting held in Ames attended by herself, the Mayor and the City Clerk. Recommendations of the Housing Commission noted as follows: (1) That the City Council adopt an ordinance amending Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 17-2 and 17-3 to require owners of rental property not residents of Johnson County and owners of condominium residential property to designate a local operator empowered to represent a property owner(s) concerning compliance with the Iowa City Housing Code. This matter will be presented to the City Council at a later date. (2) That the City Council approve a resolution authorizing execution of a Debt Forgiveness Amendment to Consolidated Contributions Contract #KC -9166 Project IA022003, IA05P022004, IA0513022005. Moved by Courtney, seconded by Balmer, to adopt RES. 89-231, Bk. 102, p, 231, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CRY 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 OPERATING AND CAPITAL ASSISTANCE FUNDING, a Council Activities September 19, 1989 Page 7 AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Councilmember Balmer stated he would be unable to attend the Johnson County Council of Governments (JCCOG) meeting 9/20/ Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-232, Bk. 102, p. 232, APPROVING AGREEMENT BETWEEN THE CITY, NEIGHBORHOOD CENTER AND DEVELOPER FOR CONSTRUCTION OF A NEIGHBORHOOD CENTER ON CITY PROPERTY LOCATED AT 2105 BROADWAY STREET AND AUTHORIZING THE MAYOR TO SIGN. 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. 89-233, Bk. 102, p. 233, RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY, IOWA, TO LEASE PROPERTY AT 2105 BROADWAY STREET IN CONJUNCTION WITH THE OPERATION OF A NEIGHBORHOOD CENTER, AND SETTING PUBLIC HEARING THEREON FOR OCTOBER 3, 1989. 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. 89.234, Bk. 102, p. 234, AUTHORIZING EXECUTION OF A DEBT FORGIVENESS AMENDMENT TO ANNUAL CONTRIBUTIONS CONTRACT KC9166 BETWEEN THE CITY AND THE FEDERAL GOVERN- MENT RELATING TO FUNDS FOR PUBLIC HOUSING. Kubby thanked staffinember Seydel for his memo and time spent on the program. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, to adjourn 8:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. MARIAN K. KARR, CITY CLERK JOHN MCDONALD, MAYOR II I�. i i i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES October 3, 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. Staftmembers present: Atkins, Heiling, Timmins, Karr, Schmeiser, Boren, Cain, Schmadeke. Council minutes tape recorded on Tape 89-54, Side 2, END -1; 89-56, Side 1, 1 - END, Side 2, END -1. The Mayor proclaimed October 8-14, 1989 as FIRE PREVENTION WEEK; October 13- 21 as ALPHA PHI OMEGA SERVICE WEEK; October 15, 1989 as WHITE CANE SAFETY DAY; October 1989 as LUPUS AWARENESS MONTH; October 1-7, 1989 as MENTAL ILLNESS AWARENESS WEEK. The Mayor Introduced City Inspector Steve Faga, Vice President of the Iowa Association of Housing Officials (IAHO) who presented a membership plaque to Housing and Inspection Services Director Doug Boothroy and the City of Iowa City for the City's leadership and dedication to IAHO over the past eight years. 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 presented: Approval of OBicial Council Actions of the regular meeting of 9/19/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City Council Rules Comm. - 9/19/89; CCN Comm, - 9/19/89; Design Review Comm. - 9/21/89; Mayor's Youth Employment Bd. - 7/18/89; Airport Comm. - 8/15/89; Human Rights Comm. - 8/28/89; Police and Fire Retirement System Bds. - joint mtg. 8/29/89; P&Z Comm. - 9/21/89. Permit Motions: Approving a Class C Beer Permit for Kermit Sheker dba Central Pharmacy Center, 701 E. Davenport Street. Approving a Class E Beer Permit for Kwik Shop, Inc. dba Kwik Shop #567, 820 First Avenue. Approving a Class B Beer Permit for Pizza Hut of America, Inc. dba Pizza Hut, 1921 Keokuk Street. Approving an r Outdoor Service Area application for R.T. Grunt's, Inc. dba R.T.'s, 826 S. Clinton Street. Approving a Class C Liquor License for Iowa City Yacht Club, Inc, dba Iowa City Yacht Club, 13 S. Unn Street. Approving a Liquor License refund for Rose and Crown, Inc. dba The Polo Club, 313 S. Dubuque. Approving a Class C Liquor License for Hilltop Tavern Ltd, dba The Hilltop Lounge, 1100 N. Dodge Street. Approving a Class B Beer Permit for Pan Style Pizza Corporation of Iowa dba Rocky Rococo, 1540 First Avenue. Approving a Class C Liquor License for Baja, Inc. dba Mama's, 5 S. Dubuque Street. Approving a Class B Beer Permit for New Ufa Fitness World, Inc. dba New Ufa Fitness World, 2220 Mormon Trek. Approving a Class B Beer Permit for LTL Restaurants, Inc. dba Mazzio's Pizza, 1950 Lower Muscatine. Motions: Approving disbursements In the amount of $5,721,753.76 for the period of 8/1 thru 8/31/89, as recommended by the Finance Director, subject to audit. I Council Activities October 3, 1989 Page 2 Resolutions: RES. 89.235, Bk. 102, p. 235, ACCEPTING THE WORK FOR STORM SEWER FOR ROCHESTER HEIGHTS SUBDIVISION, PHASE 1. Setting Public Hearings: To set a public hearing for 10/17/89, to amend the Iowa City Housing Code to require the designation and registration of a local agent by condominium associations and absentee landlords. To reset a public hearing for 10/17/89, on the Intent to enter into a long-term lease with Neighborhood Centers of Johnson County, Iowa, In conjunction with the operation of a neighborhood center. Correspondence: John Cruise, representing Terry P. Huff, owner of the new 56 -unit apartment building at 630 South Capitol, requesting permission to install a canopy extending from the building entrance to the street. Petition signed by 23 property owners on Mayfield Road requesting parking on one side only on their street. Memo from the Traffic Engineer regarding parking prohibition on the north side of McLean Street at its Intersection with Ellis Avenue. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to set up a table on City Plaza from which to distribute literature and offer crafts for donations during the period of 9/20 through 10/1/89, approved. Sherry Ann Henley for permission to set up a table on City Plaza on 9/22/89, from which to distribute literature on recycling in the homes, approved. Applications for Use of Streets and Public Grounds: Raymond Halloway for permission to picket in front of Emma Goldman Clinic during the period 10/1 through 6/89, approved. Emma Goldman Clinic for permission to distribute literature from the public sidewalk during the period 9/23 through 30/89, approved. Iowa City Road Races for permission to have the 13th Annual Hospice Road Races on 10/29/89, approved. Joe Merchant to have the D.O.C. Dash on 9/29/89, approved. Defenders for Life for permission to picket in front of Emma Goldman Clinic during the period of 10/9.14/89, approved. Pro -Ufa Action Committee of Dubuque, Iowa, for permission to picket in front of Emma Goldman Clinic during the period of 10/9-14/89, denied. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 10/24/89, on an ordinance to rezone a 12.0 acre tract of land generally located in the 2600 block of Rochester Avenue, north of Rochester Avenue, and south of the north branch of Ralston Creek from ID - RS to RS -5 (S&M Properties). 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 by changing the use regulations of certain property zoned at 615 East Jefferson Street from RNC - 20 to CO -1 (Pediatric Associates). Dr. Peter Wallace appeared and asked for expedited action on this rezoning, noting they would like to start construction prior to winter. Council Activities October 3, 1989 Page 3 Moved by Balmer, seconded by Ambrisco, that the ru;e 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 the Zoning Ordinance by changing the use regulations of certain property located at 615 East Jefferson Street from RNC -20 to CO - 1, be given second vote for passage. Horowitz stated her intent to vote in favor of this but stated her distress over the chain of events that affected this property. She noted that the staff memo did not Include parts of the chain, stating that after Council originally denied the rezoning for the parcel it was sold to Pediatric Associates from the bank and that Pediatric Associates tore the house down. Horowitz said she felt strongly that the house could have been rehabilitated and could have been saved. The Comprehensive Pian was changed and Horowitz stated she supported the change since the house was no longer there and would vote in favor of the rezoning but considered it a dangerous precedent. Kubby noted she had also voted for the Comprehensive Plan but would not vote for the rezoning as she had concerns regarding trading housing stock for parking lots. 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. A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property in northwest Iowa City, generally located northeast of U.S. Highway 218 and west of Camp Cardinal Road from ID -ORP to ID -RS (Deer Creek). No one appeared, A public hearing was held on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of a 7.966 acre tract of land generally located south of Ventura Avenue and north of B)aysville Lane on North Dubuque Street (Old Highway 218) from PDH -12 to RS -5 (Meadow Ridge). No one appeared. Moved by Balmer, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it Is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Balmer commented that several factors are involved in waiving the readings on an ordinance. He noted that one factor Is the time of the year, building season. Planning and Zoning had reviewed this application and recommended approval. Horowitz said this particular developer had been before Planning and Zoning quite a long time and had gone the extra mile to get approval. Moved by Balmer, seconded by Ambrisco, that the ordinance amending the Zoning Ordinance by conditionally changing the use regulations of a 7.966 acre tract of land generally located south of Ventura Avenue and north of BJaysville Lane on North Dubuque Street (Old Highway 218) from PDH - 12 to RS -5 (Meadow Ridge), be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Amended 10-17-89 Council Activities October 3, 1989 Page 4 A public hearing was held on an ordinance to amend the Zoning Ordinance regulations of the Neighborhood Commercial, CN -1 Zone. No one appeared. Kubby noted previous Informal discussion on 10/2 regarding the deletion of living space from the proposed ordinance and that Council would be discussing It later. A public hearing was held on an ordinance to amend the Zoning Ordinance to define variety stores. No one appeared. A public hearing was held on an ordinance to vacate Olympic Circle west of Boyrum Street. No one appeared. Moved by Balmer, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which I it is to be finally passed be suspended, the first consideration and vote be waived and the I second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all i Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance to vacate Olympic Circle west of Boyrum Street, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers I present. The Mayor declared the motion carried. i Apubllc hearing was held on a resolution authorizing conveyance of a porton of the � vacated alley in Block 47, Iowa City, Iowa, the east -west alley between Mercy Hospital and Gilbert Street. Atly. Dan Boyle, representing Mercy Hospital, appeared to reassure Council that Mercy is aware that the alley is subject to an easement and that the City Is aware of Mercy's intentions for the alley which will require relocation of the sanitary and storm water lines. He stated it is his client's Intent to request the City to vacate that easement In exchange for new easements. Moved by Courtney, seconded by Balmer, to adopt RES. 89-236, Bk. 102, p. 236, INTENT TO CONVEY TO SOUTHGATE DEVELOPMENT COMPANY THE VACATED OLYMPIC STREET RIGHT-OF-WAY AND SETA PUBLIC HEARING FOR 10/17/89, ON THE CONVEYANCE. Larson noted the developer gave the land to the City a couple of years ago and that the developer has changed development plans and could use the street back. He stated the developer has recommended that the land be swapped for a couple of acres of wooded land. Larson applauded the developer noting this could be a win-win situation for both parties. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES. 89.237, Bk. 102, p. 237, INTENT TO CONVEY TO SUSAN JAECOUES, ELSIE VITOSH, AND DAVID GOSS A PORTION OF THE VACATED ALLEY BETWEEN J STREET AND THE IOWA INTERSTATE RAIL LINE WEST OF FIRST AVENUE AND SET A PUBLIC HEARING FOR 10/17/89, ON THE CONVEYANCE, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted, I. 'i i' II + li l Council Activities October 3, 1989 Page 5 Moved by Ambrisco, seconded by Courtney, to adopt RES. 89.238, Bk. 102, p. 238, APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART THREE, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Kubby noted she had voted against the development in the preliminary approval stages because of a concern regarding secondary access. Horowitz said the proposal does include the addition of an emergency breakaway access. Larson noted that as more lots develop a secondary access would have to be put in. PPD Director Schmeiser said that reflectionlzed ballards have been added to the emergency breakaway secondary point of access that were not included in the preliminary plat. Larson stated that the preliminary plat approval was not subject to deficiencies and was approved the way it is presented at this time. The Mayor declared the motion carried, 6/1, with the following division of roll vote: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: Kubby. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89.239, Bk. 102, p. 239, APPROVING THE PRELIMINARY PLAT OF SCOTT'S SECOND ADDITION, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Ambrisco, to accept the letter from Jana Wessel. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to approve the recommendation of the P&Z Commission that the City Council recommend to Johnson County that the widest allowable turning radii be permitted at the intersection of Highway 1 and Naples Avenue and the entrance drive to Lot 1 of Scott's Second Addition. Horowitz noted that the turn off for this development is right before the highway divides and stated she hoped it would be designed in such a manner that trucks will not have to sway into the left lane to make a right turn. She noted that the City can only advise the County on this request. Larson stated that the City did not have input into kinds of pavement but just wanted to alert the County of these concerns prior to review of design standards for the project. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Larson, seconded by Horowitz, to adopt RES. 89.240, Bk. 102, p. 240, APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR CAPITOL VIEW APARTMENTS, TWO. Larson noted that the development would Increase the density in that area but felt it was a plus for the community if and only if Council goes ahead with the proposal from the City Manager to look at the district south of Burlington Street and the impact on parking. Horowitz noted the impact is being felt in that area in terms of traffic going in and out. Kubby said she was confused with parking regulations not being good for that area versus revising what Is happening to that area. Airrmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to refer the recommendation of the P&Z Commission that short-term metered parking be instituted on the east side of Capitol Street adjacent to the high-rise multi -family residential developments at 600 and 630 S. Capitol Street, to the Traffic Engineer. Kubby stated that her favorable vote to refer this matter to the Traffic Engr. did not Indicate her agreement with the recommendation. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Amended 10-17-B9 Council Activities October 3, 1989 Page 6 Moved by Horowitz, seconded by Courtney, to accept and refer the recommendation of the P&Z Commission to shift parking on the south side of Prentiss Street between Clinton and Capitol Streets, to the north side of the street, to the Traffic Engineer. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Larson, to refer the recommendation of the P&Z Commission that short-term metered parking be instituted on the north side of Prentiss Street between Clinton and Capitol Streets, to the Traffic Engineer. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Jackie Johnson, 2018 Waterfront Dr., appeared Indicating her dissatisfaction with the policy of the Animal Shelter regarding ferrels. Councilmember Larson slated he was unaware that the group had not received word of the Animal Advisory Committee meeting regarding this matter, and said the Council Is willing to ask the chairperson of the Committee to hold another meeting to allow the group an opportunity to discuss this. Ms, Johnson presented a list of group suggestions and announced the formation of the Eastern Iowa Ferret Assoc. Carolyn Kohler, 3040 Sweetbriar Ave., presented information regarding the inclusion of ferrets into the petting zoo at Brookfield Zoo In Chicago and encouraged letting children handle ferrets. Kristin Lein, 621 Walnut, presented information from a book regarding ferrets as domesticated animals. Dr. Jean Fitzgerald, Box 121-Rt.1, asked for a firm commitment from Council that the group be allowed to present information to the Committee and asked when and where the next meeting would be. Al Axeen, Animal Advisory Committee Chairperson, stated the Committee had set 10/18 as a tentative date but not all members had been contacted yet. He stated the Committee did receive Dr. Fitzgerald's letter and did review it prior to making their recommend- ation. Council stated that no action would be taken regarding ferrets currently housed at the Shelter until after the Committee meets again and reports back to Council. Axeen stated there would be no problem with that proposal as long as Council was aware that if any shelter personnel was bitten by a ferret during that time, the ferret would be destroyed and a brain cross-section done to be checked for rabies. The Mayor requested that the City Clerk act as a contact person between the Committee and newly formed Eastern Iowa Ferret Assoc, to insure everyone was informed as to the meeting time and location. Balmer agreed that another meeting should take place but stressed his Intention to go by the recommendation of this advisory panel, whatever it may be, and indicated his feeling that this issue should be in the hand of this advisory body. Lynn Vermace, Box 2928, reported statistics regarding ferrets housed at the shelter and asked that the group be allowed to sign a hold harmless agreement to allow members to handle the strays. Council requested that no action be taken on this request unlit after the recommendation is received from the Committee, and reassured the group that the ferrets would not be destroyed until atter the recommendation is accepted by Council. Courtney asked that the Committee and staffs of both municipalities examine the procedure as he had concerns regarding a recommendation from a joint committee being reviewed by two separate councils. He stated that the recommendation should not have to come back to Council if already approved through a joint committee. Jackie Johnson asked If the ferrets could be exercised on a regular basis by a member of the group. The request was denied because the ferrets are In public custody. Rita Edwards, representing the Iowa City Care Center, asked that Council consider annexing them into the City as they are in need of water, sewer, and fire protection. The matter was referred to the Planning Department. Council Activities October 3, 1989 Page 7 Moved by Larson, seconded by Horowitz, that the correspondence from Ms. Edwards be accepted. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. The Mayor announced the following vacancy: Senior Center Commission - one vacancy for an unexpired term ending 12/31/91. This appointment will be made at the 11/14/89, Council meeting, Moved by Ambrisco, seconded by Horowitz, to re -appoint D. Roger Bruner, 3016 Raven Street and Loren Horton, 3367 Hanover Ct., to the Riverfront Commission for three-year terms ending 12/1/92. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Courtney noted a recent letter to the editor In the Press -Citizen regarding housing discrimination and asked what avenues people had who wished to follow-up. The City I �^ Manager explained that Individuals could pursue such claims through HUD or through the City's Human Rights Ordinance, noting that our ordinance was stronger than the HUD regulations, Courtney asked that information be distributed through our Leased Housing Program. Courtney announced that the Convention and Visitors Bureau had hired a new II Executive Director, Wendy Roe, and urged everyone to stop by during a reception in her honor I on 10/12. Horowitz reminded everyone that Saturday, 10/14, is Toxic Clean -Up Day in Iowa !J City and encouraged everyone to participate. Any questions should be addressed to the Johnson County Health Department. Kubby noted the event was due to the persistence of the Health Department and Environmental Advocates. Horowitz said the League of Women Voters ' will sponsor a legislative forum at the Senior Center from 5:00 to 7:30 on 10/4. Ambrisco noted a recent speech by University President Hunter Rawlings concerning a more pedestrian campus and questioned if the proposal Involved the closing of the Iowa Avenue bridge. McDonald stated the proposal did not Include closing the bridge and that speech centered around long range goals and a general overview of Ideas. He felt the City would have an { ample opportunity to discuss these Ideas with the University. The City Manager stated that a Joint committee has not been formulated to date but that the Fire Department and Public Works Department had reviewed the proposal. Larson praised the efforts of staff and the owners of the Cliff Apartments on continuing to address the problem of erosion behind the apartments. I Larson stated he was impressed with their plans and noted that the completion of their plans will not be hindered by the end of the construction season. Kubby noted the success of the recycling program within the City offices and urged the University to get Involved, I The Mayor noted the recommendation from the City Council Rules Committee that the proposed by-laws as presented by the Design Review Committee be adopted. Stalimember Patt Cain stated that it was Important that the Committee establish by-laws and that they would be coming back to Council with changes atter the Committee had an opportunity to address certain Issues. One Item that will be looked at would be the question of indefinite terms of members. Moved by Ambriso, seconded by Horowitz, to approve the recommendation of the City Council Rules Committee that the Council adopt a policy that any Councilmember who utilizes City Stationery for correspondence purposes copy the Council, and that any correspondence that infers to reflect the entire mood of the entire Council be signed by the Mayor, i I ■ Council Activities October 3, 1989 Page 8 Moved by Balmer, seconded by Larson, that the recommendation of the Design Review Committee that the City Plaza Ordinance be revised to eliminate provisions for ambulatory vendors except in cases of special events and festivals, be referred to City staff to prepare an ordinance amendment. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Recommendation of the Committee on Community Needs that the 1990-1992 Community Development Plan be adopted, noted. Moved by Courtney, seconded by Ambrisco, to adopt RES. 89.241, Bk. 102, p. 241, ADOPTION OF BY-LAWS FOR THE IOWA CITY DESIGN REVIEW COMMITTEE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-242, Bk. 102, p. 242, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPANY OF CEDAR RAPIDS, IOWA AND THE CITY OF IOWA CITY TO PROVIDE OPERATION AND MAINTENANCE MANUALS FOR THE CITY'S WASTEWATER FACILITIES. Horowitz noted previous discussion at Council's informal session regarding the contract recently awarded to Stanley Consultants and questioned liability relative to the manuals. She noted that according to the City contract with Stanley, Stanley has the right to approve operations manuals. Horowitz commented on Stanley's insurance and liability and questioned the separate liability attached to the manual and instruction. Public Works Dir. Schmadeke agreed that the liability for the manuals and instructions would not be with Stanley and stated that the contract with Stanley did not include the operations manuals, but did cover start-up language. He added that funds for the manual were budgeted Into the overall sewer budget. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.243, Bk. 102, P. 243, ADOPTING THE 1990.92 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMMUNITY DEVELOPMENT PLAN TO BE USED AS A POLICY GUIDE FOR ALLOCATING CDBG FUNDS AND AUTHORIZING THE CITY MANAGER TO CERTIFY THAT THE CITY OF IOWA CITY HAS DEVELOPED A COMMUNITY DEVELOPMENT PLAN, Council applauded the work of the Committee on Community Needs (CCN). 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. 89.244, Bk. 102, P. 244, AWARDING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERKTO EXECUTE AND ATTEST, RESPECTIVELY, THE CONTRACT FOR ASBESTOS ABATEMENT, CIVIC CENTERIPOLICE AND FIRE DEPARTMENTS ASBESTOS ABATEMENT PROJECT, to Mid -Iowa Insulation Corporation for $14,187. Asst. City Manager Helling reported that seven bids had been received and noted that the City estimate for the project was $25,000 and low bid was 57% below estimate. Larson noted that a number of estimates for City projects have been off by a considerable margin and asked staff to prepare a memo about the process explaining why they are so widely ranged. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. , Amended 10-17-89 0 h II .) L, Moved by Horowitz, seconded by Courtney, to adjourn 9:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. J N MCDONALD, MAYOR da M"A��HIAN K KARR, CITY CLERK ... - _' 1 ■ 1 i i I i ... - _' 1 ■ i ... - _' 1 ■ Informal Council Session October 2, 1989 Informal Council Session: 6:35 p.m., October 2, 1989, Council Chambers. Mayor John McDonald presiding. i Councilmembers Present: McDonald, Ambrisco, Courtney, Kubby, Larson, Balmer, Horowitz. Staffinembers Present: Atkins, Helling, Timmins, Karr, Smith, Schmeiser, Boothroy, Milkman, Cain. Tie -recording: Reel 89.53, Side 2 END -1; Reel 89-55, Side 1 1 -END, Side 2 END -1. PLANNING & ZONING MATTERS: Reel 89-53, Side 2 A. Q C. Schmeiser noted the applicant is asking Council to set public hearing now, although this item is not expected to be acted upon by the Planning & Zoning Commission until Thursday, October 5. Schmeiser stated this property was the subject of an earlier application submitted by Pediatrics Associates to rezone the property to CO -1 for the purposes of constructing a parking lot adjacent to their facility; the City Council denied the request at that time; and presently, the Comprehensive Plan does advocate it being rezoned to CO -1 zone. Horowitz stated she has talked with Dr. Wallace to express her concerns regarding the process for changing the zoning. Horowitz explained that there has been an emphasis on saving housing, especially near the inner-city area and that house could have been rehabilitated. McDonald noted that problems do arise when zoning boundaries are placed down_property lines. Kubby asked why Planning & Zoning Commission member Clark voted no. Clark stated his concerns that the Mercy Hospital area was not dealt with in a proper manner in review of the Comprehensive Plan. See above Item B. 1 � ii I i i i' City Council - Informal Session October 2, 1989 Page 2 A E. F. a Schmeiser noted that a sketch of the property was included in the Council packet and this action is merely to implement the Comprehensive Plan. In response to Kubby, Schmelser said the buffer from the area to the north will be by the natural grade change In the topography. Schmelser noted the request has been conditioned to limit the number of lots to 16 lots. In response to Kubby, Schmelser explained that initially it was to be rezoned to RS -8, but their proposed development complied with RS -5 zoning so the Planning & Zoning Commission recommended it be rezoned to RS -5. Kubby inquired about measures being taken to protect the land. Schmeiser noted that the subdivision is limited to 16 lots. In response to Balmer, Schmeiser noted sidewalks are not included in the proposal. Counciimembers discussed the subdivision proposal. In response to Kubby, Dick Phipps stated price range of the houses will be between $120,000-$150,000 for each lot. Schmeiser noted that expedited action has been requested. See above item E. Schmeiser noted Council received his memo regarding the ordinance to amend the Zoning Ordinance regulations of Neighborhood Commercial Zone. Schmelser stated that staff does not object to the changes and the changes are in keeping with the purpose section of the CN -1 zone. Kubby asked why living space was deleted for apartments above stores. Schmeiser stated that this issue was debated at the time the Initial Zoning Ordinance was prepared. Schmeiser stated that he felt residential uses could be built into a CN -1 zone development. Horowitz stated that she has seen Instances where residential usage in a commercial area has stabilized the commercial - residential area. Schmelser noted that this will be the only commercial zone where residents would not be permitted above ground floor commercial uses. Horowitz stated residential owner -occupied use could be a stabilizing factor. Council discussed mixed use buildings. In response to Kubby, McDonald stated that if a majority of Council- T-.yG JORM MICROLAB 'ARGET SERIES MT -8 OF DOCUMENT II Informal Council Session October 2, 1989 Informal Council Session: 6:35 p.m., October 2, 1989, Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Courtney, Kubby, Larson, Balmer, Horowitz. StaNmembers Present: Atkins, Helling, Timmins, Karr, Smith, Schmeiser, Boothroy, Milkman, Cain. Tape-recording: Reel 89.53, Side 2 END -1; Reel 89-55, Side 1 1 -END, Side 2 END -1. PLANNING & ZONING MATTERS: Reel 89.53, Side 2 A. i1 C. Schmeiser noted the applicant Is asking Council to set public hearing now, although this item is not expected to be acted upon by the Planning & Zoning Commission until Thursday, October 5. Schmelser stated this property was the subject of an earlier application submitted by Pediatrics Associates to rezone the property to CO -1 for the purposes of constructing a parking lot adjacent to their facility; the City Council denied the request at that time; and presently, the Comprehensive Plan does advocate it being rezoned to CO -1 zone. Horowitzstated she has talked with Dr. Wallace to express her concerns regarding the process for changing the zoning. Horowitz explained that there has been an emphasis on saving housing, especially near the inner-city area and that house could have been rehabilitated. McDonald noted that problems do arise when zoning boundaries are placed down.property lines. Kubby asked why Planning & Zoning Commission member Clark voted no. Clark stated his concerns that the Mercy Hospital area was not dealt with in a proper manner in review of the Comprehensive Plan. See above item B. i i I i i I j 1 i I Informal Council Session October 2, 1989 Informal Council Session: 6:35 p.m., October 2, 1989, Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Courtney, Kubby, Larson, Balmer, Horowitz. StaNmembers Present: Atkins, Helling, Timmins, Karr, Smith, Schmeiser, Boothroy, Milkman, Cain. Tape-recording: Reel 89.53, Side 2 END -1; Reel 89-55, Side 1 1 -END, Side 2 END -1. PLANNING & ZONING MATTERS: Reel 89.53, Side 2 A. i1 C. Schmeiser noted the applicant Is asking Council to set public hearing now, although this item is not expected to be acted upon by the Planning & Zoning Commission until Thursday, October 5. Schmelser stated this property was the subject of an earlier application submitted by Pediatrics Associates to rezone the property to CO -1 for the purposes of constructing a parking lot adjacent to their facility; the City Council denied the request at that time; and presently, the Comprehensive Plan does advocate it being rezoned to CO -1 zone. Horowitzstated she has talked with Dr. Wallace to express her concerns regarding the process for changing the zoning. Horowitz explained that there has been an emphasis on saving housing, especially near the inner-city area and that house could have been rehabilitated. McDonald noted that problems do arise when zoning boundaries are placed down.property lines. Kubby asked why Planning & Zoning Commission member Clark voted no. Clark stated his concerns that the Mercy Hospital area was not dealt with in a proper manner in review of the Comprehensive Plan. See above item B. i Ii f i ' l { f �I City Council - Informal Session October 2, 1989 Page 2 D. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY IN NORTHWEST IOWA CITY, GENERALLY LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST OF CAMP CARDINAL ROAD FROM ID -ORP TO ID -RS (DEER CREEK). E. Schmeiser noted that a sketch of the property was Included in the Council packet and this action is merely to Implement the Comprehensive Plan. In response to Kubby, Schmeiser said the buffer from the area to the north will be by the natural grade change In the topography. Schmeiser noted the request has been conditioned to limit the number of lots to 16 lots. In response to Kubby, Schmeiser explained that Initially it was to be rezoned to RS -8, but their proposed development complied with RS -5 zoning so the Planning & Zoning Commission recommended it be rezoned to RS -5. Kubby inquired about measures being taken to protect the land. Schmeiser noted that the subdivision is limited to 16 lots. In response to Balmer, Schmeiser noted sidewalks are not included in the proposal. Councilmembers discussed the subdivision proposal. In response to Kubby, Dick Phipps stated price range of the houses will be between $120,000-$150,000 for each lot. Schmeiser noted that expedited action has been requested. F. ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF A 7.966 ACRE TRACT OF LAND, GENERALLY LOCATED SOUTH OF VENTURA AVENUE AND NORTH OF BJAYSVILLE LANE ON NORTH DUBUQUE STREET (OLD HIGHWAY 218) FROM PDH -12 TO RS -5 (MEADOW RIDGE). See above item E. G. PUBLIC HEARING ON A ORDINANCE TO AMEND THE ZONING ORDINANCE REGULATIONS OF THE NEIGHBORHOOD COMMERCIAL, CN -1. ZONE. Schmeiser noted Council received his memo regarding the ordinance to amend the Zoning Ordinance regulations of Neighborhood Commercial Zone. Schmeiser stated that staff does not object to the changes and the changes are in keeping with the purpose section of the CN -1 zone. Kubby asked why living space was deleted for apartments above stores. Schmeiser stated that this Issue was debated at the time the Initial Zoning Ordinance was prepared. Schmelser stated that he felt residential uses could be built Into a CN -1 zone development. Horowitz stated that she has seen Instances where residential usage in a commercial area has stabilized the commercial - residential area. Schmeiser noted that this will be the only commercial zone where residents would not be permitted above ground floor commercial uses. Horowitz stated residential owner -occupied use could be a stabilizing factor. Council discussed mixed use buildings. In response to Kubby, McDonald stated that if a majority of Council - City Council - Informal Session October 2, 1989 Page 3 members wanted to allow residential use in the CN -1 zone, it would have to be referred back to the Planning & Zoning Commission. Clark, Planning & Zoning Commissioner, suggested Council review minutes of the Planning & Zoning Commission discussion regarding that Issue. McDonald requested staff to obtain copies of the Planning & Zoning Commission minutes. I H. PUBLIC HEARING ON AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO DEFINE VARIETY STORES, I Schmeiser noted that the definition of variety stores was supplied by the Standard Industrial Classification Manual, I I. PUBLIC HEARING ON AN ORDINANCE TO VACATE OLYMPIC CIRCLE WEST OF BOYRUM STREET. i Schmelser explained the applicant, Southgate Development Company, wishes to vacate Olympic Circle and combine that with other property it already owns for a unified tract for the PPT building. Schmeiser presented a plan map to Councilmembers. In response to Horowitz, Schmeiser noted that Olympic Circle is being Incorporated into a parking area. Horowitz raised concerns about the need for additional parking by other businesses in the area. Kubby Inquired about the land exchange as proposed by the Southgate Development Company. Schmeiser presented a map of the land owned by Southgate Development Company to be exchanged with the City. Schmeiser noted that the land is presently zoned RS -5, Balmer asked if that land would be incorporated into the City's parks. Atkins stated yes, but the land itself has a landfill history which still needs to be Investigated. Atkins explained to Councilmembers that he has had conversations with j Southgate Development regarding clean-up of the land. Larson raised concerns about the leachate problem and clean-up of the land. In response to Councilmembers, Atkins stated a monitoring well could be installed on the property and the water sampled. Schmelser noted that the Riverfront Commission did recommend acceptance of the proposal, J. ORDINANCE TO VACATE OLYMPIC CIRCLE WEST OF BOYRUM STREET. See hem I above. Schmeiser noted the applicant is requesting expedited action. K. PUBLIC HEARING ON A RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF THE VACATED ALLEY IN BLOCK 47, IOWA CiN. IOWA, THE EAST -WEST ALLEY BETWEEN MERCY HOSPFrAL AND GILBERT STREET, Schmelser noted Councilmembers received a memorandum. Schmelser presented Mercy Hospital's proposed plans. Schmeiser stated the proposed expansion to Mercy Hospital is south of the emergency ward and Includes reconfiguratlon of the parking lot. Schmelser stated utilities underneath the alley right-of-way will need to be relocated. Schmelser explained plans are to eventually relocate the sanitary sewer and storm sewer completely away from the hospital. In response to Kubby, Schmelser stated Mercy City Council - Informal Session October 2, 1989 Page 4 Hospital would do the actual contractual work for moving the utilities and the City would Inspect the work. L. RESOLUTION OF INTENT TO CONVEY THE VACATED RIGHT-OF-WAY OF OLYMPIC CIRCLE AND SET A PUBLIC HEARING FOR OCTOBER 17, 1989 ON THE CON- VEYANCE. See above item I, M. N. M (SYCAMORE VIEW). Schmeiser noted the alley Is part of Sycamore View. Schmeiser explained the City has received proposals for the tracts of land: tract #1 - 800 square foot, $422 equalling 520 per square foot; tract #2 - 1,415 square foot, $487 equalling 350 per square foot; and tract #3 - 1,523 square foot, $503 equalling 330 per square foot. Schmeiser said bids were received for a total of 3,738 square foot, for $1,412 total equalling an average of 380 per square foot. Schmeiser explained that half of the alley would be Incorporated Into the lots and there will be a common driveway that will provide access from J Street to each of the lots along First Avenue. Schmeiser noted that this was the subject of some previous discussion by City Council regarding acceptable secondary access. Schmeiser noted the preliminary plat of the subdivision was approved and the final plat does comply with the preliminary plat. Schmeiser presented plans. Schmeiser noted that Lot 1 is proposed for a truck stop. Schmeiser stated that the Planning and Zoning Commission has asked that Council recommend to the County that the widest possible radius be provided at the intersection of Naples Drive and Highway 1 and also to the entrance of Lot 1 from Naples Drive. Larson emphasized that decisions regarding the use of the property are made at the zoning level. Horowitz inquired about the septic system. Schmeiser stated it must comply with the County Health Department standards. Larson stated that zoning decisions are very difficult. Horowitz inquired about the wide angle turn. Schmelser stated the State does have to approve to the Intersection to Highway 1. r -.)Z City Council - Informal Session October 2, 1989 Page 5 P. a S. See above Rem 0. SOUTH CAPITOL STREET. Schmeiser stated a 104 -unit, high-rise apartment building is proposed on the east side of Capitol Street. Schmeiser presented a plan map of the proposed project. Kubby noted that Council had raised previous concerns about the parking regulations as they relate to high-rise developments. Schmeiser stated the plan does comply with all the requirements of the City Code and staff is recommending approval. In response to Kubby, Schmeiser noted that rents will be approximately $570 plus utilities for two- bedroom apartments and $400 plus utilities for one -bedroom apartments. Schmeiser stated the Planning & Zoning Commission is recommending to provide short-term parking in front of the high-rise building on South Capitol Street and Prentiss Street. Schmeiser recommended that Council refer the Planning & Zoning Commission's recommendation to the Traffic Engineer to review and advise the Council. Horowitz asked that parking be considered on Lafayette Street between East Capitol and Clinton streets. Kubby raised concerns that the City would be displacing parking used by the current renters in the area. Kubby suggested Council should hold off on the decisions regarding metering until decisions are made regarding development south of Burlington Street. See above Item 0. See above item 0. �1 City Council - Informal Session October 2, 1989 Page 6 T. See above hem 0. Horowitz asked if statements should be removed from the agenda comment, deleting *short-term (30 -minute)' and 'to accommodate the loading and unloading needs of the high-rise mufti -family residential development proposed at 600 South Capitol Street' Schmeiser stated that "short-term (30 -minute)' should be deleted. Schmeiser stated minutes of the Planning & Zoning Commission will be checked for correctness. In response to Kubby, Schmeiser stated there will be curb cuts for the underground parking. FORMAL AGENDA fTEM NO 11 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS: Reel 89-55, Side 1 McDonald stated that the Design Review Committee has recommended to eliminate provision for ambulatory vendors except in cases of special events and festivals. Cain presented information regarding this recommendation. Cain stated that ambulatory vendors have not been used much and have not been successful and the Design Review Committee has suggested not having ambulatory permits for a season, but permit them for special events. In response to Balmer, Cain stated that presently there are no particular criteria except that they be ambulatory and there are no restrictions regarding what can be sold. Courtney noted that the Sweets & Treats vendor seemed to work extremely well. Cain stated others have not been successful. McDonald stated there have been other complaints. In response to Courtney, Cain stated the in-house committee composed of the City Manager and staff would decide on the ambulatory permits based on whether or not it contributes to the goals of the City Plaza Ordinance. HOUSING POLICY: Reel 89-55, Side 1 Atkins stated Council received his September 8, 1989, Housing Policy memorandum. Atkins presented information regarding the proposed Housing Policy. Atkins stated that the housing survey work and data and the successful expansion of the housing certificate and voucher program were elements that influenced the preparation of the Housing Policy recommendation. Atkins stated the Comprehensive Plan process was a critical element. Atkins explained that one element of the comprehensive planning process was that the policy was thought of as a physical process - related to land use, when in fact the plan Itself presents all kinds of other community standards, including recommended policies for human services, economic development, transportation and housing. Atkins stated that with changes occurring at the Federal level, it is becoming clear that housing needed to be a priority. Atkins raised concerns about the fragmented community policy the City has toward housing. Atkins stated the community policy regarding housing and social support services is compartmentalized - there are very well-run programs, but it has been difficult to bring it all together. Atkins emphasized that housing Issues cut across all socio-economic boundaries in our community. -f .2G City Council - Informal Session October 2, 1989 Page 7 Atkins stated that staff has been reviewing research done by the Ford Foundation regarding affordable housing. Atkins stated the expense for housing has been growing at a faster rate than all other consumer goods and services. Atkins said a question is how best do we go about meeting the comprehensive policy needs in our community as expressed in the Comprehensive Plan. Atkins stated it will take a significant amount of time to address the issues as outlined in his memo. Atkins noted that his memo lists eight major categories of housing policy issues that are worth pursuing. Ambrisco stated that the creation of an affordable housing task force should be pursued. Atkins stated the purpose of a task force would be to bring together all the elements that influence the housing decisions. Ambrisco asked if affordable housing would mean amending the present standards, such as changing lot sizes or eliminating sidewalks. Atkins stated that someone entering the housing market should enjoy the quality of housing construction that now exists based upon the rules and regulations that have been established. Atkins stated he is not convinced that the community has looked at all the tradeoffs regarding establishing affordable housing. Ambrisco asked if the City is locked into certain minimum standards by national and federal standards that would continue the health and safety of the community. Atkins stated staff has looked at modular construction that would meet Code and has also talked about changes in lot size and using carports versus garages. Ambrisco noted that some projects such as row houses have used common walls. Kubby stated low -Income persons should be included on the housing task force. Atkins stated there has to be a nucleus of people that represent the ability to generate the resources, including land developers, bankers, home builders representatives, United Way, Planning & Zoning, real estate community, social service providers, religious community, and senior citizens. Larson stated average citizens should be Included. Balmer endorsed the concept of establishing a task force. Atkins noted that a task force will allow the City a leadership role in housing. Larson noted that the national government will be doing some things related to housing on a local level. McDonald stated there is Council Interest in aggressively pursuing the proposal. Atkins suggested that area communities should be contacted. Horowitz stated that the East Central Iowa Council of Governments is dealing with the Housing Policy. Kubby stated that housing in the rental market should also be considered. Courtney inquired about Sycamore View. Atkins responded that staff hopes to pursue Sycamore View more actively after getting additional policy direction. Atkins explained that staff Is unable to put together a policy to market that housing at the price to attract the low and moderate income families. Atkins explained the marketing was restricted to a low-income family, first-time home buyer that would also be eligible for rehab funds. Council discussed marketing of that house. Council directed staff to pursue the Housing Policy as outlined. Atkins stated the next step will be to prepare a generalized policy statement and to establish the task force. Atkins stated members of the task force will need to be educated with information relating to housing in the community. Horowitz stated she will present information relating to housing on a regional point of view. Courtney noted that there are bond Issues from the Iowa Housing Financial Authority for single-family mortgage revenue. Atkins stated the Director of the Iowa Housing Financial Authority is located in the Iowa City area. ^1 1 City Council - Informal Session October 2, 1989 Page 8 COUNCIL TIME/AGENDA: Reel 89.55, Side 2 1. Horowitz announced that Craig Sonksen, Executive Director of East Central Iowa Council of Governments, has resigned. 2. (Agenda item No. 13 - Agreement between Howard R. Green Company and the City of Iowa City to provide operation and maintenance manuals for the City's wastewater facilities.) Horowitz inquired about the resolution authorizing the agreement for the Howard R. Green Company. Atkins explained that the agreement with the Stanley Company provided for additional services and those additional services could be undertaken with Stanley through negotiation of a fee. Atkins stated staff was unable to come up with an agreement with Stanley and got a better price from the Howard R. Green Company. Atkins noted total cost of the manuals was previously budgeted for. APPOINTMENTS: Reel 89-55, Side 2 Riverfront Commission - re -appoint D. Roger Bruner and Loren Horton. EXECUTIVE SESSION: Reel 89-55, Side 2. Moved by Courtney, seconded by Ambrisco, to discuss strategies 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 position of the governmental body in that litigation. Affirmative roll vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to Executive Session at 7:25 p.m. i it i t; N