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HomeMy WebLinkAbout1989-12-12 Council minutesV, 11 Informal Council Session f November 13, 19Bg Informal Council Session: November 14, 1989, 6:30 p.m. Pro tem Mayor Darrel Courtney presided. Councilmembers Present: Kubby, Larson, Ambrisco, Courtney, Balmer, Horowitz. Absent: McDonald. Staflmembers Present: Atkins, Halling, Timmins, Karr, Boothroy, Donner, Penney, Vitosh,, SchmadeG,' Milkman, Nugent. Taoe-recorded: Reel 89-60, Side 2, 699.1; Reel 89-61, Side 1, 1 -END, Side 2, END -1. j Courtney stated the Executive Session has been rescheduled to November 14, 1989, at 6:30 p.m., prior to Council's formal Council meeting. Ambrisco noted that an Invitation should be ( i extended to Naomi. Novick for her to attend executive sessions. PLANNING &ZONING MATTERS: Reel 89-60, Side 2 rr r `, A. PUBLIC HEARING ON AN ORDINANCE TO CHANGE THE NAME OF DYNEVOR CIRCLE TO LfTTLE CREEK LANE.. No Council comment. 7, B. ORDINANCE TO CHANGE THE NAME OF DYNEVOR CIRCLE TO LITTLE CREEK LANE, No Council comment. C. ORDINANCE TO VACATE THE EASTERLY TEN FEET OF LINN STREET BETWEEN HARRISON STREET AND RALSTON CREEK AND THE SOUTHERLY TEN FEET'OF` HARRISO 4 STREET BETWEEN MAIDEN LANE AND 1' Y LINN STREET Smith -Moreland Properties), a, a Schmeiser noted that there was a previous question regarding how the disposition would affect potential parking along the right-of-way of Harrison Street. Schmeiser presented a map to Councilmembers and explained the map shows how could be i parking provided along Harrison Street and preliminarily what is being proposed for Maiden Lane. Schmeiser explained that Maiden Lane would be reconstructed to allow, for metered parking along Its extremity with a pedestrian footbridge over the creek connecting both the north and south portions of Maiden. Lane. Schmeiser noted that Susan Horowitz had a question regarding how the disposition would affect the pedestrian bridge. Schmeiser stated the disposition of the rights-of-way would not affect the pedestrian bridge. Horowitz asked where the pedestrian footbridge would connect with the handicapped parking spaces. Schmeiser stated the bridge would have to be elevated to some extent with ramp up to the bridge, parking would be adjusted so wouldIt Interfere with the ld foot aisle width would result pedestrian tri between two 3In ' of parking along response to Larson, Schmeiser stated that In the case of Maiden Lane, there is not t __ i Informal Council Session November 13, 1989 i Page 2 sufficient width to provide parking on both sides. Atkins stated that area property owners have not seen final details, but staff has been working with them over the past few months. Kubby asked if the ordinance to vacate is denied, would the applicant need to get a special exception. Schmelser said yes, for front yard setback requirements. Kubby noted she felt uncomfortable with the process used. Schmeiser noted that S&M Properties has requested expedited action. D. ORDINANCE TO AMEND THE CONDITIONAL ZONING AGREEMENT B1.1— THE CITY OF IOWA CITY FOR THE SUBDIVISION KNOWN AS FIRST AND ROCHESTER PART THREE. i No Council comment ! E. ORDINANCE AMENDING THE ZONINGORDINANCE 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!, , i In response to Balmer, Schmeiser agreed the City's present sewar systems would need to be extended to provide service ,.. to the area. F. ORDINANCE TO AMEND THE ZONING ORDINANCE REGULATIONS OF THE NEIGHBORHOOD COMMERCIAL ' 1 CN -1 ZONE. �! No Council comment. G. ORDINANCE TO AMEND THE ZONING ORDINANCE TO DEFINE VARIETY STORES. No Council comment. ; ; ' ✓ ?' H. ORDINANCE AMENDING THEZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 2602 ROCHESTER AVENUE FROM RS -5 AND ID -RS TO RS -5 Oakbrooke Mace). Schmeiser noted staff raised the following concerns: -1) the termination of a street down a rather severe grade and 2) access to Rochester Avenue. Schmelser stated staff has recommended that the street be extended easterly to allow for its eventual connection to streets and future subdivisions with more gradual street grades, Schmeiser noted that Council denied a subdivision a year ago which allowed the marginal access road Proposal by staff for one lot to access onto Rochester. In response to Courtney, Schmelser noted that it would be a private road and maintenance would be the i responsibility of the property owners: Councilmembers discussed the preliminary Oakbrooke of plat Place. Tom Scott, Planning & Zoning Commission member, stated there are tworont A marginal access lane on thef iby Of the ejected sly the Ping ning & Zoning Commission. Scott explained when the subdivision plat came in, It showed three access points and the applicants were directed to redesign the plat, Scott stated the developer agreed to provide Joint access to Lots J. K. Informal Council Session November 13, 1969 Page 3 18 and 19 and include that in the Subdivider's Agreement. Kubby requested information from Scott regarding past decisions relating to access. Scott slated that he believed that the Council had previously been confronted with requests for single building permits of singular structures that were not presented to the Commission and that our agreement to allow joint access on Lots 17 and 18 does not preclude evaluation and review of future questions. Scott noted previously with the Rita Lyn Subdivision the original plat was filed with access onto Rochester and that was redesigned. Balmer raised concerns about frontage roads, especially in residential areas. Balmer noted there have been problems with the frontage road on Hollywood Boulevard. Horowitz stated that part of the access road on Highway 6 works. Atkins commented that the j marginal access is really one option and there are examples of other developments i where the houses have been turned around and backed up to Rochester. Atkins stated the most important Issue is dealing with points east of the development where there is ' potential for a whole'area of high quality residential development. Atkins stated that the Planning staff needs to lay out some kind of general concept for the area. Balmer emphasized. the area is going to be a highly desirable one from a residential I development point of view. Kubby raised concern about the four access points onto Rochester in a very small space. Schmelser noted that, every additional access point you have to a major arterial street just impedes the traffic that much more and that it's better to have congestion on the local streets than on major arterial streets. Atkins emphasized the need for, conceptualizing and planning traffic patterns in the area. s j response to Larson, Schmeiser said the staff's recommendation is to approve the plat subject to the amendments being made. Atkins noted that the Planning & Zoning Commission had considered the staff's report and rejected it. Kubby noted that the staff report did not say anything about sidewalks. Schmeiser stated staff had recommended the street be extended, and on any thru streets, at would recommend there be a sidewacul- de-sac,k. staffchmelsstated In this case, w would not be disagreeable tothe secause dewalks et is being viewed as a cub i being waived. Dave Clark, I `� Planning & Zoning Commission member, stated that the Planning & Zoning Commission considered this an environmentally fragile area and the Commission felt that the less i soil disturbed is better development in an environmentally fragile area. Atkins stated j that with in -fill development there is a balancing act you have to strike between public { safety, environmental and service Issues. Schmeiser stated the officials at Mercy Hospital will relocate utilities within the alley over the property they currently own. Schmeiser presented plans which showed the re-routing of the utilities. Council reviewed those plans. Schmeiser noted the legal papers are still under review. 11 informal Council Session November 13, 1989 Page 4 RENTAL PROPERTY: DESIGNATION OF LOCAL AGENT: Reel 89-62, Side I Boothroy stated Councilmembers received his November 7 memo regarding this matter in their Council packets. Boothroy stated staff Is requesting Council give second consideration of the ordinance as amended. Boothroy reviewed changes Including separating the definition of designating agent from the current definition In the Housing Code and the addition of ten month residency requirement. Boothroy explained how the plan would be Implemented through the regular licensing Process. Boothroy noted that it will take UP to four Years to get through home parks are affected. I all the cycles of the regular licensing process to implement the plan. Courtney asked if mobile received complaints related Boothroy said no, not the park owners, Dave Clark stated he to the Inspection of owner -occupied units and the requirement of rental permits. Boothroy explained the Housing Code was changed a couple of years ago to remove the exemption for condominium owners from rental Inspection process. Boothroy stated the Issue of safety of structure Is not related to ownership and that the entire building needs to be Inspected for fire safety protection and that with owner -occupied units the primary purpose of that inspection is to deal with life safety Issues. Boothroy stated' the City is inspecting all units within a condominium building and the the Individual unit. City Is ficensinq the buildinn nf GOBOND SALE: Reel 89-62, Side 1 it i Vitosh noted Councilmembers received her November 7 memo regarding the 1989 General Obligation Bond Issue. Vitosh noted the memo Included a timetable for the Issue and listed all Projects funded by that bond Issue. Vitosh the fwould Iss inancial plan In terms of the debt the City Issue Is closely tied with the City's relates to the Benton Street Bridge Project w ue. Vitosh stated the biggest change here the proposed $800,000 funded In the 1989 issue and the remainder funded In the 1990 Issue was moved forward to this bond Issue. Kubby Inquired if University Heights will contribute to the Melrose Avenue bridge replacement. Vitosh Stated the bridge Is entirely In Iowa City. Schmadeke noted the west approach of the project Is In University Heights. Vitosh stated the amount In this bond Issue Is just for the design of this project and that staff will contact University Heights regarding cost sharing. Ambrisco Inquired about Melrose Avenue widening. Schmadeke stated all of the additional widening will occur on the north side of Hawkins Drive east, Courtney stated timing of the project Is crucial and should be done before October. Regarding the Benton Street bridge, Kubby asked If there will be a two-lane and a four -lane bridge and then a two-lane road. Schmadeke said, "Correct and the four -lane facility will extend from Riverside to Capitol." Balmer Inquired about the amount of the GO bond for the Handicapped Accessibility Project, Vitosh explained typically the City does not have that small of an issue, but staff Is now looking at the park project as a whole. Vitosh stated the restroom In Lower City Park and the $10,000 for accessibility equals $70,000 and the City Is starting to fund annually some Of the ongoing Improvements In the park system. Horowitz asked If quality of life bonds could be used for the parks project or for the expenses for composting. Vitosh stated staff looked at using the City's current fund balance to fund the capitalization cost for the composting project Initially. The City Is Increasing the landfill fee to pay for the ongoing cost of the composting operation, Vitosh noted the City has a fund balance there now over $1.,5 million to fund the start-up costs. Balmer stated a method should be used to spread the costs over a greater section of the November 13, 1989 Page 5 1 Population, Vitosh stated staff would look at revenue bonds or sell GO bonds and abate with 'revenue, CDBG PROGRAM FUNDING: Reel 89-62, Side 1 Anne Rawland, Chairperson of CCN, presented Information regarding the CCN recommends - tions, Rawland presented information relating to the St. Clements Street aIle avin 9. Broadway Street Neighborhood Center, administration and planning, and curb ramps. i ST. CLEMENTS STREET ALLEY PAVING. Rawland noted that Mr. Kavanaugh only sought out CCN funds and It was possible that other sources of City funds may be more appropriate. Also, it appears that repairing the street in the manner suggested would not solve the stated drainage problem. Rawland explained CCN felt that Mr. Kavanaugh had approached CCN prematurely and that CCN would like residents of the neighborhood to seek out more broad range areas of funding, ' BROADWAY STREET NEIGHBORHOOD CENTER. Rawland stated that a basement was added to the original plan. Rawland noted that use at Broadway Street is 1 expected to be nearly at capacity, the applicant has shown wisdom in the decision to add the basement, and there has been an outstanding jobdone at seeking funding from a variety of sources. Rawland stated I CCN urges Council to support the Broadway Street �I I _ 'l',': project. I ADMINISTRATION AND PLANNING, Rawland stated CCN recommended to allocate an additional $1,500 to staffs planning budget to conduct a study on the size the need (l of in the iI community for small emergency repairs in homes of frail elderly pitizens and whether I ! i i or not the ESA Small Repair Program is able to meet those needs. Rawland noted that Marge Penney recommended CCN gather data I and present it to the appropriate United Way agency. CURB RAMPS. Rawland stated that CCN did not recommend funding for curb ramps based on the assertions from City Mgr. Atkins that money this could be funded from Road Use taxes. Rawland noted that CCN is alarmed at the length of time it will take to complete the process at its current rate. Atkins proposed the City fund $25,000 for the project Atkins stated that a full-time employee and two summer employees could do if a lot for the program, Atkins stated the $25,000 Is a proposal for the FY91 budget and that the Road Use Tax is in good shape. i Rawland expressed that the CCN understands the School Board is committed to the Roosevelt Open Space Project as being a community project and that CCN recommends that Council make a formal written agreement so this project will serve as a firm foundation for future i endeavors. Balmer stated the project makes sense, x I Horowitz inquired 'about Mrs, Becker's concerns about extending loans as It relates to Youth Center improvement loans. Rawland noted that it was CCN's determination that they were doing a good job and that the agency was able to repay another loan under certain conditions. i Staffinember Milkman reminded Council that HUD could cut the program $20,000440,000 and CCN may need to review their priority listings. Milkman also noted that the St. Clements Street Neighborhood was made Into an eligible neighborhood for rental rehab funds. Larson asked I, Informal Council Session November 13, 1989 Page 6 if it was really the City's responsibility for streets. Atkins stated that residents are deserving of reasonable access to their homes and property and it is a public safety, health and welfare type of Issue. Atkins explained Schmelser has put together street realignment preliminary plans for the area, but all the details are not yet complete. Larson inquired about the Johnson County/Iowa City Health Services Center and asked if giving them more space would enable them to Institute new programs that could be funded on Federal and State levels. Graham Dameron, Director of the J.C. Health Dept., stated that they have applied for some child health grants and received one as of October 1, 1989, and will continue to seek grants and some expansion. Horowitz noted that most of the grants received are operational and asked how much more is going to be needed. Dameron said they are hoping to receive support from the County and assistance from the City would be helpful in that direction. Horowitz Inquired about VNA moving out.. Dameron said some communication could be lost in the Home Health Program as a result of the move. Milkman stated that after Tuesday's public hearing, staff needs to hear Council's decision regarding funding levels. Larson asked if the $90,000 Aid-to-Agencles is the maximum allowed. Milkman stated yes, and It could be lower If there Is less entitlement received. Balmer asked if the City realizes more funds because of the sale of the property. Milkman stated the City. has received $125,000 income, half from the sale of property and half from the return of rehab loans. INTERACTIVE CABLE TV DEMONSTRATION: Reel 89.62, Side 1 Drew Shaffer presented the interactive cable TV demonstration. Shaffer explained that there Is currently a signal on the cable system going out to people's homes (cable channel 29) and persons can use the telephone to call Into the City and hook into .the system. Shaffer demonstrated the systema Shaffer stated the Interactive cable TV system was Initiated to better Inform the citizenry of Iowa City to allow better service, save the City money, and save staff employee time. Shaffer explained that all calls and all numbers that are Input are documented,. printed out and staff keeps a record of the number of balls, the number of screens and responses to questions. Shaffer explained that each person who calls in gets a limited amount of time on the system and that only one person can get in at a time: Shaffer noted his department has worked with other departments in the City on the project. Councilmembers practiced the interactive cable TV system, COUNCIL TIME/AGENDA; Reel 89-62, Side 1 1. Horowitz asked If the granting of permit motions (beer, liquor, wine) could be extracted from the Consent Calendar with the rationale that Council really needs to take a look at to whom Council is giving permits and if there can be some questions raised to the Police Department regarding the number of citations they have given. Horowitz stated she would rather highlight the permit motions as a separate Item. Karr stated that Council can take from the Consent Calendar at any time for separate discussion any Item that is on there and information would be needed from the Legal Department regarding the basis to deny a liquor license for the reasons stated. Balmer explained Council went to the Consent Calendar process to expedite them and that Council M i i i i r i E - I+ f i'_ , I! r, 1'� Informal Council Session November 13, 1989 Page 7 should continue In the present fashion. Balmer noted that if there Is specific incident of a permit that is a problem, it can be pulled out for separate discussion. Karr noted that the Police Department does review each of the permit applications. Atkins stated ' that Chief Winkelhake is taking a far more serious review of the licensing process. Larson suggested that with every motion for approval, the Police present a report on the previous year's calls and a Police Chief Informal opinion regarding that permit motion. Atkins stated he will prepare a set of printouts for Council. I 2. Horowitz inquired about the bankruptcy of Pineapple Management (regarding Holiday Inn) and asked if the City owns the right-of-way between the pedestrian mall and i Dubuque Street, Balmer stated yes. Horowitz asked if it was possible to incorporate i the development of 64/1a with the Holiday Inn. Atkins stated yes. Courtney asked at what point could the City exercise the right to enter the third hen and go for a forced sale, Timmins said not as long as It 1s in bankruptcy and that any sale done now has i to be approved by the Court. Larson requested an update from Asst. City Afty. Unda ] I' Gentry. Karr noted that Council just received an update from Gentry distributed that j evening. Ambrisco asked if the City, is getting paid for the parking contract.- Atkins stated yes, the City is receiving a parking contract and water and sewer payments, ,3 3. Horowitz asked if somebody is filling out the U.S. Conference of Mayors Survey Export Assistance Program. Horowitz noted that she would like see the City participate. 4. Balmer requested information regarding the Library's new State Open Access Program, I� 5. Balmer Inquired about the •Riverfront Commission's Involvement in the Resource. Enhancement and Protection Program (REAP). Atkins stated that appointments have i'" to be elected officials and Johnson County has to make the appointments. Atkins stated the City Council will get a seat on the Board and the County Chair will contact City Councilmembers. Atkins stated a letter can be drafted stating that the City Council j is Interested. 6. Balmer noted that it appears that both the City of Iowa City anis Johnson County are going to have two communications facilities (and not pursue a joint communication center)., Atkins stated they still may have a joint communication center, but Iowa City will have to upgrade their system. 7. (Agenda Item No. 16 - Resolution Approving Purchase with Montessori School a Portion of a Lot Adjacent to Reno Park) Larson inquired about the expenditure of $2,500 for the cost of demolishing the structure located on the lot. Atkins stated that was previously agreed upon. 8. Courtney requested an update about meetings held with Mr. Donald Mower regarding the compost proposal. Atkins noted Council received the November 3rd memo regarding the Donald Mower compost proposal and stated that staff met with Mr. Mower to present information. i r:1 Informal Council Session November 13, 1.989 Page 8 9. Courtney asked what Coralville is going to do regarding composting. Atkins stated he spoke with Kelly Hayworth and Coralville would like to do as close as to what Iowa City Is proposing. Courtney suggested rtnership between Coralville and Iowa regarding the use of equipment and personnel for pick-up. Horowitz suggested heat the City Manager and Mayor go to other communities to personally offer assistance_ regarding Instituting programs for the reduction of yard waste. Councilmembers discussed yard waste programs. Kubby stated she would like additional Information regarding how citizens are reacting to programs in other communities. Atkins noted that making Iowa City's program convenient is going to increase compliance. Courtney ' asked why the City needs a separate bulldozer for the program. Atkins stated a separate bulldozer is not needed, that the City will use an endloaderto move and turn the compost. 10. (Agenda Item No. 3.f,3.a&b - Parking Prohibition on Mayfield and Boyrum streets) l Courtney Inquired about the proposal for parking on Mayfield. Ambrisco noted the neighborhood brought the petitions to his house and there have beenarkin during footbali'game nights, Atkins'stated he would rather see the streertpolsted temporarily. Councilmembers discussed parking on Mayfield Road. Atkins suggested Council defer decisions regarding parking on Boyrum because Council may want to receive additional input from businesses. Councilmembers discussed (I f parking problems on Boyrum and Mayfield Road. 11. Timmins noted that the Executive Session was rescheduled due to the Mayor's absence and will begin at 6:30 Tuesday evening. Timmins noted there are a number of lawsuits 1 dealing with the airport and staff will present for Council consideration an ordinance to amend the Airport Zoning Ordinance. Timmins explained the new Airport Layout Plan calls for pulling in some of the clear zones on some of the runways and that the Airport Zoning Commission has recommended that, Timmins also explained that in 1986 Council approved a resolution authorizing acquisition of an airport navigation easement over the airport property and that the FAA has backed away from that requirement in conjunction with the project the airport was doing at that time. Timmins stated now staff wants Council to rescind that resolution. Timmins stated therefore, there are two additional Items on the Agenda and staff will explain those during closed session. Balmer noted he would prefer more time to review the resolutions. Timmins stated he Is asking Council for only one consideration and there is Timmins noted the City Is actuallynot anything too controversial. decreasing the Impact o the airport on surrounding properties. APPOINTMENTS; Senior Center Commission - Vincent Mauer The meeting was adjourned at 9:00 p.m. Informal Council Session November 20, 1989 Corner of First AvenueNJashinaton Street P Zoning Courtney inquired about the First Avenue and Washington Street P zoning issue. Courtney asked if there could be a process that when P zoned properties are sold they could immediately be reverted to the surrounding land use. Schmelser explained that the P zone serves mainly as notification to adjacent property owners that the land is In public ownership and that land in public ownership is not controlled by the Zoning Informal Council Session; November 20, 1989, at 6:40 p.m. in the Council Chambers. Mayor i ` John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Courtney, Horowitz, Kubby, Larson, Balmer. j (McDonald left meeting at 8:30 p.m.) Staffinembers Present: Atkins, Karr, Timmins, Hailing, Schmelser, Schmadeke, Gentry, Boothroy, Seydel, Sueppel. I Tape-recorded: Reel 89-65, Side 1, 1 -END, Side 2, END -1; Reel 89-66, Side 1, 1 -END, Side 2, END -1. PLANNING & ZONING MATTERS: Reel 89.65, Side 1 A. ORDINANCE TO CHANGE THE NAME OF DYNEVOR CIRCLE TO UTILE CREEK LANE. No Council comment. j :;j- B. B. RESOLUTION APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON- I �. RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR NATIONAL COMPUTER SYSTEMS INCS) LOCATED AT 2510 NORTH DODGE STREET. Schmelser presented the LSNRD plan, Schmelser stated the LSNRD is for a 15,625 square foot addition to the NCS complex located in the northwest quadrant of Highway 1 and Interstate 80. Horowitz referred to the location of the stormwater system on the map. In response to Larson, Schmelser explained that the location of a future road across the property still has to be negotiated but that it should be located along the floodplain of Rapid Creek. Kubby noted that this is the, third time in the last three Council meetings where developers had started work before Mal approval is given by Council: Kubby stated that there is the perception that things are done before Council approval is given. Atkins stated that whenever the City approves a foundation permit It is at the developer's risk and the biggest complaint received from developers is that the City's process takes too long; McDonald noted that there is often a time element involved and that Schmelser and Atkins give full review of the development prior to ^' Issuing a foundation permit. Kubby stated developers should be put on call to come in two weeks earlier to start the process. Balmer stated that the City is just trying to facilitate good growth and quality development. Corner of First AvenueNJashinaton Street P Zoning Courtney inquired about the First Avenue and Washington Street P zoning issue. Courtney asked if there could be a process that when P zoned properties are sold they could immediately be reverted to the surrounding land use. Schmelser explained that the P zone serves mainly as notification to adjacent property owners that the land is In public ownership and that land in public ownership is not controlled by the Zoning i i' i I Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 2 Ordinance. Schmefser stated if that land reverts to private property, it is to be reioned to another classification. Schmefser explained that since it is zoned P. technically it means the property cannot be used for any use in some other zone. Ambrisco stated there should be some process the I where rezoning Is automatically triggered, Timmins explained that. the Code does require that '.should any land be transferred sold, conveyed or to anyone other than the government of the U.S., America, or State of Iowa, or political subdivision the buyer or transferee must submit an application to the City for rezoning to a zone other than a political zone." Timmins stated there Is ample authority in the Code for the City to initiate rezoning and submit a notice to them. In response to Courtney, Schmefser stated the owners of the located property at First Avenue and Washington Street are well aware that they are supposed to have submitted an application for rezoning. i Courtney asked if any other P zoned property is privately owned. Schmefser stated he doubted it. The Council requested staff Initialing proceed in a request to rezone the property from the P classification. Addition to ' Karr noted that a,motion to set public hearing for December 12, 1989, to receive citizen comments on the extension of the Rental Rehabilitation Program Target II Area to include the Summit/North Dodge Neighborhood has been added to the agenda as Item No. 16 for the Council meeting of November 21, 1989. SOLID WASTE MANAGEMENT - ECICOG REPORT: Reel 89.65, Side 2 Horowitz Introduced Robert Bamsey, an engineer with Donahue and Associates an engineer consulting firmunder contract with ECICOG to develop a comprehensive solid waste management plan for the six counties of Benton, Iowa, Jones, Johnson, Unn and Tama. Robert Bamsey distributed a hand-out, East Central Iowa Comprehensive Solid Waste' Management Plan. Bamsey stated he will present background D information on the report and summarize the preliminary conclusions and recommendations. Bamsey reviewed the following overhead projection charts: r ` ' i j Prosect Flowchart • Comorehenslvw cr,nd Waste Plan' noted that one of, the key elements to this chart is public awareness and public education. ECICOG�rea. Bamsey noted the study area consists of six counties: Benton, Iowa, Johnson, Jones, Linn, and Tama and the populatlons served In the six -county region is approximately 330,000 people. ,1 Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 3 RCRA - Subtitled D. Bamsey summarized the House File 631 Groundwater Bill and House File 753 Waste Reduction and Recycling Act. Bamsey stated that the three pieces of legislation that Is important In the efforts toward alternatives to landfill are the RCRA, House File 631, and House File 753. Bamsey explained the RCRA Is federal legislation that has traditionally regulated hazardous waste facilities and now Incorporates regular solid waste landfills; House File 631 is legislation that requires the Comprehensive Plan and moves toward tighter landfill restrictions; and House File 753 provides prohibitions on various materials for landfilling, Comprehensive Plan Schedule. Bamsey explained the comprehensive planning required by the Groundwater Bill established that any permitted solid waste disposal facility must undergo development of a Comprehensive Plan before it got its next permit and it also required that when the permit Is up, for renewal, the, Comp Plan will be amended or revised: Bamsey II explained that It requires that any permitted landfill after July 1, 1988, would have to undergo comprehensive planning; with Implementation of part of the Part 2 Comp Plan requirements by 1992; and Implementation of steps In the Comp Plan by 1994, and full Implementationof the Comprehensive Plan by 1997. Waste Management Hierarchy. Bamsey explained the Groundwater Bill also establishes a IL hierarchy and that the planning effort needs to be evaluated and implemented In the following order: Step 1 Volume Reduction and Source Separation, Step 2 Recycling and Reuse, Step 3 Waste -to -Energy, Step 4 Volume Reduction Through Incineration, and Step 5 Landfilling. State Groundwater Protection Fee. Bamsey explained the Groundwater Bill established a groundwater protection fee which Includes that each ton of solid waste, after July 1, 1988, pays an amount to the disposal facility. A portion of that amount Is retained by the permit holder and the remaining portion of the fee returned to DNR. Bamsey explained a portion of these fees are retained by the State and portions of the fees retained by the permit holder for use In Implementing the various alternatives. Bamsey noted that there are state grant funds that will continue to be made available for the Implementation phases. House File 753 Waste Prohibitions. Bamsey explained that House File 753 prohibits various materials such as waste oil, batteries, unprocessed tires, and yard waste. Bamsey explained yard waste Is prohibited from the waste stream as of January 1991 and the bill also established that by July 1, 1994, there should be targeted 25% reduction In the waste stream and by the year 2000 there should be targeting 50% reduction In the waste stream based on 1988 tonnage. In response to Larson, Bamsey said these are State legislative goals. Industrial/Commercial Waste Generated by the County. Bamsey noted that these figures represent approximately 575 tons per day of Industrial/commercial waste. Breakdown of Residential Waste Stream. Bamsey reported that 485 tons per day Is generated from the six -county region. I Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 4 i ECICOG Study Area- Residential and Industrial/Commercial (Pie Chart. Bamsey noted that there is a goal by year 2000 to achieve 50% reduction and as seen on the pie chart, Iowa City jI cannot concentrate on any one sector and achieve the 50% reduction. ECICOG Study Area - Residential Waste Stream. Bamsey presented Information about the overall study waste breakdown by category and reviewed the typical breakdown: 30% paper, 10% corrugated, 20% yard waste.... ECICOG Study Area - Industrial/Commercial Waste Stream. Bamsey noted that the City does have a significant amount of paper and the total study area waste stream is 1,050 tons per day. I, Bamsey presented information regarding the Technical Advisory Committee's conclusions and recommendations. Bamsey stated that the Technical Advisory Committee is seeking public j Input. Kubby asked when will there be time for public input. Horowitz noted that beginning I in December locally elected officials will be asked for input and public input will also be asked for. Kubby asked for information regarding Input from other counties. Bamsey said it is Important to understand that these are preliminary conclusions and recommendations, that 1� whatever ECICOG does it will have to provide a level of flexibility, and It is Important to adopt a plan that includes various aspects of any of the steps in the hierarchy, Bamsey stated that 7 there are levels of risks and capital associated with each technology and it is recommended that the City look at low risk, low capital alternatives first. + j Bamsey summarized information from the East Central Iowa Comprehensive Solid Waste Management Plan as follows: i Reduction Step. Bamsey stated it is recommended that in one of the initial steps there be an audit or inventory and that some regional body or regional entity be gstablished to coordinate that effort on a regional basis. Bamsey stated that regional aspects of tying together some of the landfills should also be looked at, . Composting, Bamsey'stated that it is recommended that composting be considered as a means to dispose of yard waste and that a series of composting systems were evaluated and it is recommended that each county look at a composting system - a County -wide, central - wide composting system. Bamsey reported that backyard composting will be encouraged and that the composting system be paid by people who set the yard waste on the curb for pick- up. In response to Kubby, Bamsey stated there should be a system whereby those generators of compost are those who pay for the operation of the compost system.Bamsey stated that the Intent is to pass costs on to those who generate the compost. Bamsey explained the regional entity should establish goals within the framework of the House File 753 legislation and that at a minimum there be a voluntary drop-off center for recycling and curbside recycling programs. Bamsey explained that It Is recommended that the cost of collection of recyclables versus compost should be spread throughout the entire waste stream. Bamsey noted that i i Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 5 House File 753 establishes that the State will use recycled materials and that it Is encouraged that the region adopt similar policies requiring the use of recycled materials wherever possible. Bamsey said it is encouraged to look at joint purchase of materials from a regional basis and promoting and publicizing recycling as an ongoing effort. fWaste -to -Energy. Bamsey stated two systems were evaluated: 1) mass burn, and 2) RDF facilities, Bamsey stated mass burn is not recommended for consideration for public ownership and operations. Bamsey reviewed Information about the RDF facilities. Bamsey reported that RDF doesn't carry the same level f 1 k o r s s as mass burn system and the advantage of the RDF system is the ability to shift fuel to alternative energy users, Bamsey noted that RDF is currently undergoing testing in the State of Iowa and there are preliminary indications that fuel I' ; from the typical RDF system will be compatible with most coal burning facilities. Bamsey i stated itis recommended that only a portion of the waste stream be committed to any waste- to -energy facility. In response to Balmer, Bamsey stated that one of the RDF markets could I �' use everything the city generates. In response to Larson, Bamsey stated that with any waste- f to -energy facility, waste would first have gone through the first two steps of the hierarchy. I ' Bamsey noted that yard waste cannot be landfilled or incinerated and that you could not incinerate anything that could be recycled. Bamsey noted that one of the energy markets can f i 1. handle a waste stream of 1,000 tons a day and Incinerate it. Ambrisco asked if the waste -to energy facility produces methane. Bamsey stated a pelletized fuel Is produced and then co combusted with coal. Ambrisco asked if Dick Myers participated on the Technical Advisory. Committee. Horowitz stated no,' but the Board of Supervisors were invited to tonight's presentation. Ambrisco noted that Dick Myers told him about a personal visit to an Incineration facility in Wisconsin. Ambrisco Inquired about the University's proposed plans to construct an incinerator. - Horowitz noted. that facility is being built. Larson stated there is a faculty in operation in Ames that derives fuel for the City. Bamsey explained that there are a couple of systems where municipal solid waste 1s being sorted and pelletized and shipped off for incineration and what is currently being tested is the combustion criteria and air pollution criteria. Larson inquired about the Ames facility. Bamsey stated it is an RDF facility. Horowitz stated that the Technical Advisory Committee really wants to concentrate on the first couple of priorities- source separation and recycling, including the change of behavior. Larson referred to the East Central Iowa Comprehensive Solid Waste Management Plan, page 4, "Individual collection systems should address curbside recycling programs independently .... it does not, however, appear to be justified on a regional basis at this time." Larson asked why it's not a policy decision whether curbside recycling is justified or not. Bamsey stated that it Is trying to 'say that there doesn't seem to be one curbside program that is universally applicable to all the collection systems in this region currently. Atkins stated those are local policy decisions and that operationally we should make our own decisions for our own community. Atkins stated that House File 753 very clearly says that each city and county will adopt their own ordinances and that as a City government, we have the operational decisions j to make with respect to collection. Atkins noted that Iowa City Is also acting as the County authority because Iowa City runs the landfill. i Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 6 Horowitz reported that a meeting is scheduled at the Civic Center on Tuesday, November 21, 1989, at 2:00 p.m. with the Policy Advisory and Technical Advisory committees in which recommendations, changes and corrections will be made to ECICOG. Horowitz noted that she has already submitted a critique of the Comprehensive Plan. Larson stated he did not understand how Horowitz could react to what has been proposed without finding out how the City. wants her to react. Horowitz stated she is ECICOG's representative. Horowitz stated this Is an umbrella comprehensive plan. Kubby asked if additional changes will be made. Horowitz stated yes. Atkins stated that if Council chooses to create authority of some sort, Council will have adequate representation. McDonald asked about the timeframe regarding submission of the Comprehensive Plan to the DNR. Craig Sonsken stated the original contract for grant expires December 15, but a 30 to 60 day extension could be obtained. Staff and Council discussed the planning process as it relates to DNR requirements. Atkins noted that staff has called the DNR to talk about the City's plans for a composting system. Horowitz stated that Council should keep in mind that some things can be done on a regional basis, some sub - regional and some individually. McDonald noted we will proceed ENVIRONMENTAL ADVOCATES: Reel 89-66, Side 2 Joe Bolkamp distributed Comoostino Your Yard Waste In A Holding Bin, Lynnette Sigley presented general comments regarding recycling. Sigley stated she is glad to see the City making efforts on establishing compost site and was glad to see that no plastic was involved in the composting materials. Sigley raised the concerns regarding the cost of the project and stated the composting project Involved a long-term commitment of resources In terms of personnel and equipment. Sigley stated the plan does not include any initiative for source reduction at the, site and there needs to include education in terms of promoting source reduction of compost material at the site. Sigley stated that she hopes there will be a plan that can adopt the future recycling efforts. Larson inquired about Sigley's background and expertise. Sigley stated that she works for the DNR and is active in recycling at home. Larson and Sigley discussed the lack of incentive for source reduction of compost materials by Individuals, Sigley said there has been no education Involved in trying to get people to reduce. Atkins stated that flyers have been prepared on composting, Council has a policy question that will need to be addressed on compost Issue and the health-related circumstances, the City Is working on developing videos for cable TV, and the City has contacted the school system regarding the curriculum for young people concerning resource recovery and recycling. Larson Inquired about the matter of cross Incentives whereas the proposed program may lead to more yard waste. Atkins stated that initially there is a concern, but the initial goal is to begin the changing of habits, Atkins explained that once the system is operational, then the City can offer different' types of things such as volume -based rates. Larson asked if the capital expenditure and size of the City's project depends on the cooperation of other communities. Atkins stated no, the City will scale the project accordingly. Kubby stated other communities may find it is more economical to join Iowa City. Atkins stated the City has the ability to .Y i Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 6 Horowitz reported that a meeting is scheduled at the Civic Center on Tuesday, November 21, 1989, at 2:00 p.m. with the Policy Advisory and Technical Advisory committees in which recommendations, changes and corrections will be made to ECICOG. Horowitz noted that she has already submitted a critique of the Comprehensive Plan. Larson stated he did not understand how Horowitz could react to what has been proposed without finding out how the City. wants her to react. Horowitz stated she is ECICOG's representative. Horowitz stated this Is an umbrella comprehensive plan. Kubby asked if additional changes will be made. Horowitz stated yes. Atkins stated that if Council chooses to create authority of some sort, Council will have adequate representation. McDonald asked about the timeframe regarding submission of the Comprehensive Plan to the DNR. Craig Sonsken stated the original contract for grant expires December 15, but a 30 to 60 day extension could be obtained. Staff and Council discussed the planning process as it relates to DNR requirements. Atkins noted that staff has called the DNR to talk about the City's plans for a composting system. Horowitz stated that Council should keep in mind that some things can be done on a regional basis, some sub - regional and some individually. McDonald noted we will proceed ENVIRONMENTAL ADVOCATES: Reel 89-66, Side 2 Joe Bolkamp distributed Comoostino Your Yard Waste In A Holding Bin, Lynnette Sigley presented general comments regarding recycling. Sigley stated she is glad to see the City making efforts on establishing compost site and was glad to see that no plastic was involved in the composting materials. Sigley raised the concerns regarding the cost of the project and stated the composting project Involved a long-term commitment of resources In terms of personnel and equipment. Sigley stated the plan does not include any initiative for source reduction at the, site and there needs to include education in terms of promoting source reduction of compost material at the site. Sigley stated that she hopes there will be a plan that can adopt the future recycling efforts. Larson inquired about Sigley's background and expertise. Sigley stated that she works for the DNR and is active in recycling at home. Larson and Sigley discussed the lack of incentive for source reduction of compost materials by Individuals, Sigley said there has been no education Involved in trying to get people to reduce. Atkins stated that flyers have been prepared on composting, Council has a policy question that will need to be addressed on compost Issue and the health-related circumstances, the City Is working on developing videos for cable TV, and the City has contacted the school system regarding the curriculum for young people concerning resource recovery and recycling. Larson Inquired about the matter of cross Incentives whereas the proposed program may lead to more yard waste. Atkins stated that initially there is a concern, but the initial goal is to begin the changing of habits, Atkins explained that once the system is operational, then the City can offer different' types of things such as volume -based rates. Larson asked if the capital expenditure and size of the City's project depends on the cooperation of other communities. Atkins stated no, the City will scale the project accordingly. Kubby stated other communities may find it is more economical to join Iowa City. Atkins stated the City has the ability to Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 7 control the size of the composting system and it will be built to a scale that meets the City's needs and the needs of other folks. Atkins stated the program as proposed should get greater participation. Ambrisco stated the proposed yard waste program allows people who don't want composting in their own back yard to use a compost system. Joe Bolkamp asked if other options were considered. Atkins answered yes. Atkins explained he could not find an option in his judgment that got the type of participation that the curbside composting process as proposed would get. Atkins explained that he tried to present a j Ii program to get the most people Involved in the fastest and quickest way. Courtney Inquired about equipment needs for the yard waste compost program. Atkins stated 1 i' that the purchase of a chipper was initially proposed because of the Christmas tree program. Courtney asked If the only way the City could get away without buying any equipment was totally banning yard waste. ' Atkins stated yes, if the City forced compost piles. Kubby noted that equipment could be used in future recycling programs. Kubby asked if Environmental r Advocates had any specific suggestions on what programs would work better for Iowa City. I { Joe Bolkamp said Environmental Advocates has a specific proposal regarding setting u neighborhood compost piles.'; People,would deliver their own grass clippings to a np ing r - hood site and City equipment would then move material out to a compost facility. Councilmembers and Bolkamp discussed neighborhood compost piles. Ambrisco supported Atkins' proposal. Steve Miller, Environmental Advocate, stated he is disturbed to see huge amounts of money committed to the composting project and hoped a similar commitment is i made to a voluntary drop-off recycle center. Steve Miller stated that there is a need for real I commitment to a comprehensive program. PAW TRANSITIONAL FUNDING REQUEST AND PROGRESS REPORT: Reel 89.66, Side t Halling noted Councilmembers received the request from the PAN Board for approval for funding for the transition budget. Halling reported the Board is up and running and there are nine permanent members on the Board. Halling stated that the Board has targeted the date April 1st to actually take over operation from Heritage Cablevision, Halling noted the proposal Is for a transitional budget that should not exceed $16,000 in addition to what has already been spent in order to take over the program. Halling reviewed monies spent to date Including $7,800 for personnel and $11,800 for the consultant. Halling noted that there is a request for $1,500 for separate legal counsel. Larson asked if the City's legal staff could do the legal work for PAN. Halling stated the City's legal staff will do the legal work on behalf of the City, but there will probably be a three -party agreement between the City, Heritage Cablevision, and PAN. Halling noted that Kristin Evanson and Paul Mask from PAN were available ,for comment. Kristin Evanson reported that work has been done on staffing.plans, Insurance, and equipment review to Insure an orderly transition. Currently work is being done on Increasing public awareness and public use of the services. Kubby asked if the Committee has talked about paid staff versus all volunteer staff. Evanson stated there were discussions about accommodations, but doubts were raised that the program could be run totally as a Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 8 volunteer operation. Evanson stated that a volunteer coordinator is needed to actively keep track of the volunteers. Councilmembers favored the transitional funding. CiTY CODE UPDATE AND READOPTION PROJECT: Reel 89.66, Side 1 Timmins stated this discussion has been rescheduled for the next Council meeting. The Mayor lett the meeting. 4 LEGAL DEPARTMENT STAFFING: Reel 89-66, Side 1' Councilmembers received November 20, 1989, memorandum from Timmins regarding addition of full-time Administrative Clerk/Typist in the Legal Department, June 23, 1987, memorandum ' to all current City employees and the general public from the Human Relations Department z 1. regarding job vacancy Assistant City Attorne and k y,a pac et of Information from the Legal Department regarding outside counsel costs Hayek Law Firm summary services obtained and ' i• fees paid to the Hayek Law Firm, cost of legal services provided by the Legal Department !l ? FY90, tort lawsuits, and September 9, 1988, memorandum from Timmins regarding the proposal for Legal Department reorganization. Balmer noted his frustration on getting information the I night of the meeting. Balmer emphasized Council should have the benefit of having information prior to discussion. Ij Timmins stated the discussions regarding Legal Department staffing took place during review i { sessions with the City Manager and Mayor regarding Legal Department work schedules and priorities. Timmins stated staffing is an issue due to the resignation of Bill Sueppel and loss of temporary personnel. Timmins presented information about the secretarial/clerical osition T i exp currently there is one secretary in the Legal Department. Timmins stated hatnthere- Isined not. enough secretarial/clerical staff to handle the paperwork three attorneys can generate and the time has come to staff the department with a full-time Clerk/Typist position. Timmins stated a proposal for the Administrative Cierk/Typist could be presented to Council at Council's next meeting for their consideration. Timmins presented Information regarding staffing of the attorney positions. Timmins reviewed the previous Assistant City Attorney job vacancy description as outlined in the June 23, 1987, memorandum. Timmins explained that If the City were to staff the office with the same kind of experienced position currently held by Bill Sueppel, the 1990 salary range would be $29,286- $39,832. Timmins stated that the Legal Department hopes to make• the salary offer commensurate with experience. Timmins reviewed a hand-out regarding outside counsel costs. Timmins noted that during the first quarter of FY90 the City paid out $8,981,04 of legal expenses. Timmins stated that economically the City is approaching a point where it may be more feasible for the City to look at an additional attorney rather than to continue paying Minutes Iowa City City Council Informal Council Session November 20, 1989 j Page 9 I outside counsel. Timmins emphasized that if Council chooses to stay with the present staffing system, the Legal Department will be quite happy to continue to work hand-in-hand with the Hayek Firm and other firms to provide legal services to the City. In response to Kubby, Timmins stated that the current insurance carrier now allows the City more flexibility in utilizing In-house counsel or counsel of the City's choice to represent the City. Kubby inquired about the Legal Department's budget as it relates to outside counsel. Atkins stated there is an annual appropriation in the Legal Department's budget and additional funds are transferred from the contingency account. Atkins stated the costs can also be looked at from an expense standpoint. Balmer asked by proposing two new additional individuals, would the City be able to guarantee that the City would never have to rely on outside counsel. Timmins stated that dependence on outside counsel would be significantly reduced. Horowitz asked if the City would continue utilizing an outside lawyer for cases currently being handled by that lawyer. Timmins stated that a decision would be made in each particular case. Timmins noted that it would not be advisable to pull cases away from existing counsel Timmins reviewed the Hayek Firm billings. Timmins noted that the billing reflect an average of $75 an hour for their representation and that he would show that in-house costs of providing legal counsel is considerably less than that. Timmins. reviewed the hand-out _Costs of Legal Services Provided by the Legal Department FY90. Timmins noted that a 40 -hour work week is assumed, but the Legal Department works more than a 40 -hour work week and that the Legal Department's per hour cost of legal services is slightly over $40 per hour. Timmins reviewed the tort lawsuits list. Timmins proposed changing staffing in the Department at the entry level to create an entry level position to deal with things like magistrate's -court and to establish a Iltigator to handle tort cases and jury cases. Timmins reviewed Information regarding the workload relating to municipal Infractions and Its Impact on the Legal Department's office. Timmins also noted that each attorney in the Legal Department's office is assigned certain departments and boards and commission they have to staff, Balmer asked if the Legal Department needs a full-time Administrative Clerk/Typist immediately. Timmins stated yes. Ambrisco asked if the Legal Department has access to the City's Word Processing Center. Timmins stated yes,but there is too much work in the office for one person to handle' Larson stated that a decision was not necessary tonight, but could be made during 11mmins' evaluation In a couple of weeks: Larson proposed that the City advertise for both attorney positions. Larson stated that by approving advertising for two attorneys at tonight's Council meating, Council will have received responses from those ads by the next " Council meeting. Larson said there is some sense in having an entry level attorney handle i i i i p , s i � I i Al .. ..Ill 4 I• Minutes • Iowa City City Council Informal Council Session November 20, 1989 Page 10 magistrate's court.. Council and Timmins discussed the pay range for the attorney positions and the Administrative Clerk/Typist position. Timmins noted that no matter what is advertised, the City always receive a range of applicants. In response to Ambrisco, Timmins stated that whatever process is used, you want to make sure people get enough time to respond to the advertisements. Halling noted there. are no specific time requirements. Councilmembers discussed the Clerk/Typist and City Attorney wage ranges. Courtney stated more information Is heeded regarding wage rates; Halling i noted the range for an Administrative Clerk/Typist is $8.14 per hour'- $16,931 per year to $10.44 hour per - $21,719 per year. Council agreed to advertise for the two attorney positions and report back to Council to hiring, l prior COUNCIL TIME/AGENDA: Reel 89-66, Side 2 . ,. ��. r'. ' (Consent Calendar Item No. 3d(1) - East Market Street.) Kubby requested this Item be removed for additional discussion. Larson requested additional information from Jlm ; :? Brachtel. Council agreed to pull out this item for separate consideration. 2. Ambrisco asked Councilmembers to read Timmins' and Davidson's November 1 memo regarding local regulations of railroad crossings. LEGAL DEPARTMENT STAFFING (CONT ID). Reel 89.66, Side 2 Courtney noted Council had decided to wait until the next Council meeting for further i discussion on the request for the addition of a full-time �'• Administrative Clerk/Typist in the Legal Department k/T L." ' . 3 EXECUTIVE SESSION: Reel 89-66; Side 2 Moved by Ambrisco, seconded by Horowitz, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is Imminent where Its disclosure would be likely to prejudice or disadvantage the position of the governmental body In that litigation: Affirmative roll call vote unanimous, 6/0, McDonald absent. The Mayor Pro tem declared the motion carried and adjourned to executive session at 9:25 p,m. z i j , i II OFFICIAL COUNCIL ACTIONS - 11/14/89 The cost of publishing the following proceedings and claims is $. Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mfg, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councllmembars present Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Mayor proclaimed November 15, 1989, as COM- MUNfTY READ4N. The Mayor acknowledged Boy Scout Pack 240 from Grant Wood School Moved and seconded that the following hems and recom- mendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 10/17, and the special meeting of 10/24, as published, subject to correction as recommended by the Cay Clerk. Minutes of Boards and Commissions: CCN Comm. - 10/17; P&Z Comm. - 10/19,11/2; Human Rights Comm. - 9/25; p&R Comm. - 10/11; Bd. of Adjustment - 10111; Historic Preservation Comm. - 10/11; Bd. of Library - Trustees . 10/26; Civil Service Comm. - 10/25. Permit Motions: Special Class C Beer/Wine Permit for Pagliai's Pizza, 302 East Bloomington.: Class E Liquor License for Randall Foods, 1851 Lower Muscatine Road. Resolutions: RES. 89-260, AUTHORIZING THE MAYOR TO SIGN A RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS. RES. 89-261, APPROVING IOWA CRY'S 199D through 1995 STREET CONSTRUCTION PROGRAM. Seeing Public Hearings:. RES. 89-262, DATE FOR A PUBLIC HEARING ON 11/21, ON THE PROPOSITION OF THE ISSUANCE OF $2,960,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA Cl IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Correspondence: Suzanne Richerson endorsing the university campus pathways proposal of University of Iowa President Hunter Rawlings III. Memo from the Civil Service Commission submitting a certfied list of applicants for the poshicn of Programmer/Data Processing Division. Memo from the Traffic Engineer regarding: Loading zone - south side of the 500 block of East Bloomington. Applications for City Plaza Use Permits: Downtown Associatlon for the use of Cay Plaza for Holiday Promotion events between the dates of 11/19 and 12/25, approved. Applications for Use of Streets and Public Grounds: Lauren Flaunt for the use of Johnson Street between Washington and Iowa Avenue for a special holiday celebra- tion by the children of Agudas Achim Synagogue on 10/22, approved. Defendant for live for, permission to picket Emma Goldman Clinic 11/6. 11/11, approved. The Mayor declared the motion carried. Balmer requested discussion of hems from the Traffic Engr. Larson pointed out that (a) dean with a parking prohibition on Mayfield Rd. and stated that in fail k was difficult to get emergency vehicles thru because of parking for football games. He informed neighbors that this prohlbftW could be tried and changed a necessary 1. , c til OFFICIAL COUNCIL ACTIONS - 11/14/89 The cost of publishing the following proceedings and claims is $. Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mfg, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councllmembars present Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Mayor proclaimed November 15, 1989, as COM- MUNfTY READ4N. The Mayor acknowledged Boy Scout Pack 240 from Grant Wood School Moved and seconded that the following hems and recom- mendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 10/17, and the special meeting of 10/24, as published, subject to correction as recommended by the Cay Clerk. Minutes of Boards and Commissions: CCN Comm. - 10/17; P&Z Comm. - 10/19,11/2; Human Rights Comm. - 9/25; p&R Comm. - 10/11; Bd. of Adjustment - 10111; Historic Preservation Comm. - 10/11; Bd. of Library - Trustees . 10/26; Civil Service Comm. - 10/25. Permit Motions: Special Class C Beer/Wine Permit for Pagliai's Pizza, 302 East Bloomington.: Class E Liquor License for Randall Foods, 1851 Lower Muscatine Road. Resolutions: RES. 89-260, AUTHORIZING THE MAYOR TO SIGN A RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS. RES. 89-261, APPROVING IOWA CRY'S 199D through 1995 STREET CONSTRUCTION PROGRAM. Seeing Public Hearings:. RES. 89-262, DATE FOR A PUBLIC HEARING ON 11/21, ON THE PROPOSITION OF THE ISSUANCE OF $2,960,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA Cl IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Correspondence: Suzanne Richerson endorsing the university campus pathways proposal of University of Iowa President Hunter Rawlings III. Memo from the Civil Service Commission submitting a certfied list of applicants for the poshicn of Programmer/Data Processing Division. Memo from the Traffic Engineer regarding: Loading zone - south side of the 500 block of East Bloomington. Applications for City Plaza Use Permits: Downtown Associatlon for the use of Cay Plaza for Holiday Promotion events between the dates of 11/19 and 12/25, approved. Applications for Use of Streets and Public Grounds: Lauren Flaunt for the use of Johnson Street between Washington and Iowa Avenue for a special holiday celebra- tion by the children of Agudas Achim Synagogue on 10/22, approved. Defendant for live for, permission to picket Emma Goldman Clinic 11/6. 11/11, approved. The Mayor declared the motion carried. Balmer requested discussion of hems from the Traffic Engr. Larson pointed out that (a) dean with a parking prohibition on Mayfield Rd. and stated that in fail k was difficult to get emergency vehicles thru because of parking for football games. He informed neighbors that this prohlbftW could be tried and changed a necessary ■ � Council Activities November 14, 1989 it Page 2 by contacting the Traffic Engr. Balmer noted that (b) dealt with a parking prohibition on Boyrum Street and suggested akemate parking for the area. The City Manager stated local area businesses had been contacted regarding removing Parking on the street due to the traffic volume In the area, and suggested that both sides of the street be noticed. He Indicated that parking in the area was to be offstreeL Horowitz stated that the street was slated as a thru street to Sand Road, and suggested that it would be useful to start with prohibiting parking on one side of the street only.. Larson stated he was comfortable in going along with the Traffic Engr. recommendations. Moved and seconded to accept the correspondence from the Traffic Engr. regarding: Parking prohibition on Mayfield Road, and Parking prohibition on Boyrum Street The Mayor declared the motion carded. A public hearing was held on an ordinance 10 change the name of Dynevor Circle to Little Creek Lane. Moved and seconded that the rule requiring ordinances to be considered andvoted 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 ttme. The Mayor declared the motion carded. Moved and seconded that the ordinance to change the name of Dynevor Circle to Little.. Creek Lane, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for passage at. two Council meetings prior to the meeting at which It is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted on for final passage at this time. The Mayor declared the motion carded. Moved and seconded that ORD. 893437, TO VACATE THE EASTERLY TEN FEET OF UNN STREET BETWEEN HARRISON STREET AND RALSTON CREEK AND THE SOUTHERLY TEN FEET OF HARRISON STREET BETWEEN MAIDEN LANE AND UNN STREET, be passed and adopted. Chuck Johnson, representing three additional properties in the area, appeared to object to the ordinance. - Moved and seconded that ORD. 893438, TO AMEND THE CONDITIONAL ZONING AGREEMENT BETWEEN PLUM ..GROVE ACRES, INC. AND THE CITY OF IOWA CITY FOR THE SUBDIVISION KNOWN AS FIRST AND ROCHESTER, PART THREE, be passed and adopted. Moved and seconded that ORD. 893439, TO AMEND THE ZONING ORDINANCE BY CHANGING THE USE REGULA. TIONS OF CERTAIN PROPERTY IN NORTHWEST IOWA CRY, GENERALLY LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST OF CAMP CARDINAL ROAD FROM ID -ORP TO ID. RS, be passed and adopted. Moved and seconded that ORD. 893440, TO AMEND THE ZONING ORDINANCE REGULATIONS OF THE NEIGHBOR- HOOD COMMERCIAL, CN -1, ZONE, be passed and adopted, Moved and seconded that ORD. 893441, TO AMEND THE ZONING ORDINANCE TO DEFINE VARIETY STORES, be passed and adopted. Moved and seconded that ORD, 893442, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT Council Activities November 14, 1989 Page 3 2602 ROCHESTER AVENUE FROM RS.5 AND ID -RS TO RS - 5, be passed and adapted. Moved and seconded to adopt RES. 89-263, APPROVING THE PRELIMINARY PLAT OF OAKBROOKE PLACE, AN 18 LOT, SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED ON A 13.7 ACRE TRACT LOCATED AT 2602 ROCHESTER AVENUE. Moved and seconded that ORD. 893443, VACATING A UTILITY EASEMENT IN BLOCK 47 OF THE ORIGINAL TOWN OF IOWA CITY ADDITION, be passed and adopted. Moved and seconded to adopt RES. 89-264, APPROVING THE PRELIMINARY AND FINAL. LARGE SCALE NON- RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR THE MERCY HOSPITAL MRI PROJECT AT 500 MARKET STREET. Arty. Dan Boyle, representing Mercy Hospital, appeared. Marjorie Hayden Strati, 1314 Pine Street, appeared and shared ideas for Increasing ridership on the city buses. Lynne Vennace, P.O. Box 2928, appeared and stated her concern that the Eastern Iowa Ferret Association had not been given time to speak at the 10117 Council meeting. The Mayor stated that the President, Jackie Johnson,. had addressed Council and it was felt she spoke for the group. Nancy Selberling, " Project GREEN, extended an Invitation to Councilmembers to attend the ribbon cutting ceremony for the Coralville Connec- Son, a paved nature path at Crandic Park. Senior Comer Commissioner Ruth Wagner updated Council on Senior Center events. A public hearing was held to receive comments from the public regarding the Recommendations by the Committee on Community Needs (CCN) on the use of 1990 Community Development Block Gram (CDBG) funds. The Mayor announced the following vacancies: P&R Comm. - one vacancy for an unexpired term ending 1/11/91; Design Review Comm. - one vacancy for an Indefinite term to replace Councilmember Elect Naomi Novick. These appoint- ments will be made m the 12119/89, Council meeting. Moved and seconded to appolnt Vincent Maurer, 415 Whiting Ave., to the Senior Center Commission for an unex- pired term ending 12131191. The Mayor declared the motion carried. Recommendations of the Committee on Community Needs as follows: (1) That the City Council fund the following 1990 CDBG projects in the following amounts: Housing Rehabillta. tion - $300,000; Broadway Street Neighborhood Center - $40,500; Johnson County/lowa.City Health Services Cir. - $30,000; Roosevelt Neighborhood Open Space Development $24,410; Transitional Housing - HACAP - $30,OD0; Elderly Services/Small Repair Program - $6,000; Youth Center Improvements - $22,700; Photo Darkroom for Recreation Corder - $4,740; Hoover School Accessible Playground - $7,800; Lafayette Street Paving - $14,000; Aid to Agencies (15% of Entitlement) $90,000; Administration and Planning - $129,800; Assistance to Small Businesses - $3,000; Contingency - $47,050. The Mayor noted that preliminary approval and direction had been given with agenda item 4'6, (2) That the Council allocate an amount not less than $20,000 In Road Use Tax funds for curb ramp Installations. The Mayor stated that Council had Increased the amourd to 52500. I i i 1 I II Ir i ,� I; Council Activities November 14,19M Page 4 Moved and seconded to adopt RES. 89-265, AUTHOR- IZING THE REDEMPTION OF OUTSTANDING PUBLIC IMPROVEMENT BONDS, SERIES 1981 OF THE CITY OF IOWA CRY, IOWA, DATED AUGUST 1, 1981, AND DIRECTING NOTICE BE GIVEN OF THE SAME. Moved and seconded to adopt RES. 89.266, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTTHE RELEASE OFA LEN REGARDING A PROMI- SSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 528 RUNDELL STREET. Moved and seconded to adopt RES. 89.267, APPROVING THE ACQUISIRON OF A SEWER EASEMENT FROM HAWKEYE LAND COMPANY IN CONNECTION WITH SYCAMORE VIEW SUBDIVISION. Moved and seconded to adopt RES. 89-268, APPROVING LOAN AGREEMENTS. BETWEEN THE CfTV, THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE IOWA CAN MFG. COMPANY FOR $500,008 OF COMMUNITY ECONOMIC BETTERMENT FUNDS, AND FOR $50,000 FROM THE CRY'S URBAN DEVELOPMENT ACTION GRANT REPAY. MENTS, ALL MONIES TO ASSIST IN CONSTRUCTION OF A NEW MANUFACTURING FACILITY, Moved and seconded that the resolution approving, and authorizing anddirecting the City Manager to. execute a Purchase agreement and covenant with MOntessort School of Iowa City, lava, for the purchase of a portion of a lot adjacent to Reno Park be deferred. The Mayor declared the motion to defer carded. - Moved and seconded to adopt RES. 89.269, AMENDING THE AFSCME PAY PLAN AND RECLASSIFYING A POSITION IN THE CDBG DIVISION OF THE PLANNING AND PROGRAM DEVELOPMENT DEPARTMENT AND A POSITION IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT Moved and seconded to approve the amendments as outlined In the agenda comment. The Mayor declared the motion carried..: Moved and seconded that the ordinance amending Chapter 17 of the Cade of Ordinances of the City Of Iowa City, Iowa, by amending Sections 17.2 and 173 to require owners of rental property not residents of Johnson County and/or condominium associations to designate a local agent empowered to represent a property owner(s) concern. Ing compliance with the Iowa City Housing Code, be given second vote for passage as amended. The Mayor declared the motion carried. Moved and seconded to adopt RES. 89.270, RESCINDING AUTHORITY TO ACQUIRE AN AVIGATION EASEMENT IN CONNECTION WITH RUNWAY6.24 EXTENSION PROJECTAT THE IOWA CITY MUNICIPAL AIRPORT, Moved and seconded to set a public hearing for 11/21 on an ordinance amending Chapter.4 of the Code of Ordinances of the City of Iowa CRY, Iowa, enthied *Airports and Aviation; by repealing Article V thereof, enthled'Alrport Zoning; and by enacting In lieu thereof Article V as amended, which amend. ments provide for the rearrangement and renumbering of sections, provide for a revised airport zoning map, provide for Provisional modification of height and use limitations, and clarifies the provision. requiring notincatlon of the Federal Aviation Administration Of proposed development. The Mayor declared the motion carried, i i �I I` 1 I i { t i r ' 1 Council Activities I November 14, 1989 page 5 Movedand seconded to adjourn to executive session to discuss strategy with Counsel in matters that are presently in litigation or where litigation is Imminent where its disclosure would be likely to prejudice or disadvantage the position of the. `. '. body In that IBlgailon. The Mayor declared the c. r�, ,,. :. t `I mottonmOrdal carrie .. Amore complete description of Council activities Is on file . In the office of the City Clark. _ I .. s%JOHN MCDONALD, MAYOR ~IAN K. KARR, CITY CLERK . Sutxnluodtorrp kation11 9. I 1 , I �.. �n>', If rr 1 i t M aq„Ypa,ile.ay.+ . rb r I- pn ick 1 tf t. u J� 1 I i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES November 14, 1989 j 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. Stailmembers present: Atkins, Halling, Timmins, Karr, Milkman, Schmelser, Vitosh, Penney, Cain. Council minutes tape recorded on Tape 89.61, Side 1, 444 -End and 9 Side 2, End -1; 89-64, Side1, 1 -End and Side 2, End -1. i The Mayor proclaimed November 15, 1989, as COMMUNITY READ -IN. ¢} The Mayor acknowledged Boy Scout Pack 240 from Grant Wood School Balmer requested 3f(3)(a) and (b), two memos from the Traffic Engr., be deleted from ' the Consent Calendar. Moved by Ambrisco, seconded by Horowitz, that the following items l 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 10/17/89, and the } special meeting of 10/24/89, as published, subject to correction as recommended by p the City Clerk: Minutes of Boards and Commissions: CCN Comm. - 10/17/89; P&Z Comm: 10/19/89, 11/2/89; Human Rights Comm. - 9/25/89; P&R Comm, 10/11/89; Bd.'of Adjustment -10/11/89; Historic Preservation Comm. -10/11/89; Bd. of Library Trustees - i 10/26/89; Civil Service Comm. - 10/25/89. Permit Motions: Approving a Special Class C Beer/Wine Permit for Pagliai's Pizza Palace, Ltd, dba Pagilai's Pizza, 302 East Bloomington. Approving a Class E Liquor License for Randall's International, Inc. dba Randall Foods, 1851 Lower Muscatine ( I Road. Resolutions' Bk. 102: RES. 89.260, p. 260, AUTHORIZING THE MAYOR TO SIGN A RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS. RES. 89-261, p. 261, APPROVING IOWA CITY'S 1990 through 1995 STREET CONSTRUCTION PROGRAM. Setting Public Hearings: RES. 89.262, Bk.102, p. 262, FIXING DATE FOR A PUBLIC HEARING ON 11/21/89, ON THE PROPOSITION OF THE ISSUANCE OF $2,960,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Correspondence: Suzanne Richerson endorsing the university campus pathways i proposal of University of Iowa President Hunter Rawlings Ill. Memo from the Civil Service Commission submitting a certified list of applicants for the position of Program- I mer/Data Processing Division. Memo from the Traffic Engineer regarding: Loading zone south side of the 500 block of East Bloomington. i Council Activities November 14, 1989 Page 2 Applications for City Plaza Use Permits: Downtown Association for the use of City Plaza for Holiday Promotion events between the dates of 11/19 and 12/25/89, approved. Applications for Use of Streets and Public Grounds: Lauren Flaum for the use of 'Johnson Street between Washington and Iowa Avenue for a special holiday celebration by the children of Agudas Achim Synagogue on 10/22/89, approved. Defenders for Life for permission to picket Emma Goldman Clinic 11/6 - 11/11/89, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The. Mayor declared the motion carried and repeated the public hearings as set. Balmer requested discussion of Items 3f(3)(a) and (b) from the Traffic Engr. Larson pointed out that (a) dealt with a parking prohibition on Mayfield Rd. and stated that in fall it was difficult to get emergency vehicles - - thru because of parking for football games. He Informed neighbors that this prohibition could be tried and changed if necessary by contacting the Traffic Engr. Balmer noted that (b),dealt with a parking prohibition on Boyrum Street and suggested alternate parking for the area. Horowitz said the issue had been raised a number of council meetingsago and that the problem has to do with a blind spot as you approach Southgate. The City Manager stated i local area businesses had been contacted regarding removing parking on the street due to the traffic volume in the area, and suggested that both sides of the street be noticed. He indicated that parking in the area was to be off-street, Horowitz stated that the street was slated as a thru street .to Sand Road, and suggested that it would be useful to start with prohibiting parking on one side of the street only. Larson stated he was comfortable in going along with the Traffic Engr, recommendations. Moved by Balmer, seconded by Horowitz, to accept the correspondence from the Traffic Engr. regarding: Parking prohibition on Mayfield Road, and Parking prohibition on Boyrum Street. ,The Mayor declared the motion carried unanimously, 7/0, all Councllmembers present. . A public hearing was held on an ordinance to change the name of Dynevor Circle to Little Creek Lane. No one appeared. a Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Courtney, that the ordinance to change the name of Dynevor Circle to Little Creek Lane, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the motion carried Moved by Balmer, seconded by Courtney, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which It is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted on for final passage at this time. Ambrisco noted that two property owners had appeared opposing the vacation, citing that parking potential could be lost if the ordinance L' i . L Council Activities November 14, 1989 Page 3 were passed, and stated staff had explained that council action on this ordinance would in no way affect parking options in the area. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that ORD. 89.3437, Bk. 31,'p. 38, TO VACATE THE EASTERLY TEN FEET OF LINN STREET BETWEEN HARRISON STREET AND RALSTON CREEK AND THE SOUTHERLY TEN FEET OF HARRISON STREET BETWEEN MAIDEN LANE AND LINN STREET (Smith -Moreland Properties), be passed and adopted. Chuck Johnson, representing three additional properties in the area, appeared to object to the ordinance. The Mayor stated the ten foot parcels were included in the property bid and was sold to Mr. Moreland, Larson explained that the street right-of-way was wider than usual and that the street would still be wide enough to park on both sides. PPD Director Schmeiser present for discussion. Horowitz clarified that there was no conflict between the development proposed by Mr. Moreland and City discussions about the Maiden Street development area. She stated she was satisfied with staff assurances and the Integrity of the project and did not see a reason to delay voting on the ordinance. Affirmative roll call vote unanimous,, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Horowitz, that ORD. 89-3438, Bk. 31, p. 39, TO AMEND THE CONDITIONAL ZONING AGREEMENT BETWEEN PLUM GROVE ACRES, INC. AND THE CITY OF IOWA CITY FOR THE SUBDIVISION KNOWN AS FIRST AND ROCHESTER, PART THREE, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Horowitz, Larson, McDonald, Ambrisco, Balmer, Nays: Courtney, Kubby. Moved by Ambrisco, seconded by Horowitz, that ORD. 89.3439, Bk. 31, p. 40, TO AMEND 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), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, that ORD. 69.3440, Bk. 31, p. 41, TO AMEND THE ZONING ORDINANCE REGULATIONS OF THE NEIGHBORHOOD COMMERCIAL, CN -1, ZONE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Horowitz, that ORD. 89.3441, Bk. 31, p. 42, TO AMEND THE ZONING ORDINANCE TO DEFINE VARIETY STORES, 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 Balmer, that ORD. 89.3442, Bk, 31, p. 43, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 2602 ROCHESTER AVENUE FROM RS -5 AND ID -RS TO RS -5 (Oakbrooke Place), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted, I; i' I i I I �I r i I I Council Activities November 14, 1989 Page 3 were passed, and stated staff had explained that council action on this ordinance would in no way affect parking options in the area. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that ORD. 89.3437, Bk. 31,'p. 38, TO VACATE THE EASTERLY TEN FEET OF LINN STREET BETWEEN HARRISON STREET AND RALSTON CREEK AND THE SOUTHERLY TEN FEET OF HARRISON STREET BETWEEN MAIDEN LANE AND LINN STREET (Smith -Moreland Properties), be passed and adopted. Chuck Johnson, representing three additional properties in the area, appeared to object to the ordinance. The Mayor stated the ten foot parcels were included in the property bid and was sold to Mr. Moreland, Larson explained that the street right-of-way was wider than usual and that the street would still be wide enough to park on both sides. PPD Director Schmeiser present for discussion. Horowitz clarified that there was no conflict between the development proposed by Mr. Moreland and City discussions about the Maiden Street development area. She stated she was satisfied with staff assurances and the Integrity of the project and did not see a reason to delay voting on the ordinance. Affirmative roll call vote unanimous,, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Horowitz, that ORD. 89-3438, Bk. 31, p. 39, TO AMEND THE CONDITIONAL ZONING AGREEMENT BETWEEN PLUM GROVE ACRES, INC. AND THE CITY OF IOWA CITY FOR THE SUBDIVISION KNOWN AS FIRST AND ROCHESTER, PART THREE, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Horowitz, Larson, McDonald, Ambrisco, Balmer, Nays: Courtney, Kubby. Moved by Ambrisco, seconded by Horowitz, that ORD. 89.3439, Bk. 31, p. 40, TO AMEND 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), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, that ORD. 69.3440, Bk. 31, p. 41, TO AMEND THE ZONING ORDINANCE REGULATIONS OF THE NEIGHBORHOOD COMMERCIAL, CN -1, ZONE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Horowitz, that ORD. 89.3441, Bk. 31, p. 42, TO AMEND THE ZONING ORDINANCE TO DEFINE VARIETY STORES, 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 Balmer, that ORD. 89.3442, Bk, 31, p. 43, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 2602 ROCHESTER AVENUE FROM RS -5 AND ID -RS TO RS -5 (Oakbrooke Place), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted, I; i' I i I I �I 1 Council Activities November 14, 1989 Page 4 Moved by Courtney, seconded by Ambrisco, to adopt RES. 89-263, Bk. 102, p. 263, APPROVING THE PRELIMINARY PLAT OF OAKBROOKE PLACE, AN 18 LOT, SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED ON A 13.7 ACRE TRACT LOCATED AT 2602 ROCHESTER AVENUE. Kubby stated this topic was a balancing act with public safety and environmental protection and fairness considerations. She requested that Council review environmental regulations prior to further development. Horowitz asked that PBZ be put on notice that Council wants staff work and joint discussion of this matter. She stated her intention to vote for this, noting that the closer to the top of the hill and Thomas Rd, that houses are placed, the more the fragile aspects of the lots will not be disturbed. Kubby stated it was the City's responsibility to let the developer know the policy regarding direct access and that the City is being inconsistent. McDonald stated Council has to take Into consideration the whole area. Balmer noted that one of the goals of the Comprehensive Plan was to encourage in -fill development and that this area was a prime area for such development, Ambrisco noted that some areas ready for development aren't always available for development, noting that this subdivision was for 18 dwelling units. Kubby stated she was concerned that four access points were so close together in this area. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted Moved by Balmer, seconded by Ambrisco, that ORD. 89-3443, Bk. 31, p. 44, VACATING' A UTILITY EASEMENT IN BLOCK 47 OF THE ORIGINAL TOWN OF IOWA CITY. ADDITION (Mercy Hospital), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared. the' ordinance adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-264, Bk. 102, p. 264, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PIAN FOR THE MERCY HOSPITAL MRI PROJECT AT 500 MARKET STREET. Ambrisco noted that this project was one of several to be undertaken in the area and' requested the City entertain the Idea of making the Market Street parking lot a parking garage by adding another level. Kubby noted her approval to expanding existing lots. The City Manager stated staff was looking at alternatives at the present time and options would be presented to Council, Ambrisco noted that Mercy Hospital would be shuttling employees to and from outer lots, Atty. Dan Boyle, representing Mercy Hospital, stated arrangements had been made for the shuttling but a new parking structure for Mercy Hospital would be one of the first structures completed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Marjorie Hayden Strait, 1314 Pine Street, appeared and shared ideas for increasing ridership on the city buses. Lynne Vermace, P,O. Box 2928, appeared and stated her concern that the Eastern Iowa Ferret Association had not been given time to speak at the 10/17 Council meeting. The Mayor stated that the President, Jackie Johnson, had addressed Council and It was felt she spoke. for the group. Larson asked that the policy be clarified regarding the handling of ferrets who are not dropped off but rather caught at large. McDonald stated the existing policy as outlined by the Animal Control Advisory Board had been agreed to by Council. Nancy Seiberling, Project GREEN, extended an invitation to Councilmembers to attend the ribbon cutting ceremony for the Coralville Connection, a paved nature path at Crandic Park, on Saturday, 10/18, at 10:30 a.m, at the Park, Senior Center Commissioner Ruth Wagner updated Council on Senior Center events. i � i I j { l II ,, I I Council Activities November 14, 1989 Page 5 A public hearing was held to receive comments from the public regarding the Recommendations by the Committee on Community Needs (CCN) on the use of 1990 Community Development Block Grant (CDBG) funds. Staffmember Marianne Milkman Introduced a video of some projects funded by CDBG. No one appeared. Milkman noted that the recommendations are included in a memo as well as item #11 on the agenda, and requested Council make any changes so that staff could prepare a resolution for consideration at the 10/21 Council meeting. Council agreed with the recommendations as discussed and presented. The Mayor announced the following vacancies: P&R Comm. - one vacancy for an unexpired term ending 1/1/91; Design Review Comm. - one vacancy for an indefinite term to replace Counciimember Elect Naomi Novick. These appointments will be made at the 12/19/89. Council meeting. Moved by Ambrisco, seconded by Horowitz, to appoint Vincent Maurer, 415 Whiting Ave., to the Senior Center Commission for an unexpired term ending 12/31/91. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Courtney congratulated Heartland Express for being designated by Forbes to be in the top 25 of the 200 best small companies in America; requested the Traffic Engr, look at the Intersection of Wayne and William noting he had received concerns re congestion in the area; and noted that the property at corner of First and Washington was still zoned P for public and had sold to a private owner some time ago and a makeshift addition added to the building. Ambrisco noted that the north plant of the wastewater treatment plant facility was scheduled to be completed 11/15 and stated that he felt it was a remarkable achievement for staff that the plant would be on line 11/28, Balmer requested that the curb ramps be monitored closely by staff in areas by Systems Houses. The City Manager stated that staff would make an extra effort to monitor homes where people are physically challenged. Balmer asked that the County be approached re traffic challenges surrounding the proposed development of the gas station/truck facility near Hwy. i and 1-380 and look into a conditional zoning agreement for traffic control improvements. The City Manager stated he would follow up and said a variety of Issues would be forthcoming from the Traffic Engr., Including a recommendation regarding the traffic light at Miller and Hwy. 1, noting that IDOT wants it removed. Larson asked that staff start a cursory look at traffic sound barriers and congratu- lated everyone Involved with the City elections. Recommendations of the Committee on Community Needs as follows: (1) That the City Council fund the following 1990 CDBG projects in the following amounts: Housing Rehabilitation - $300,000; Broadway Street Neighborhood Center - $40,500; Johnson County/Iowa City Health Services Ctr. - $30,000; Roosevelt Neighborhood Open Space Development - $24,410; Transitional Housing - HACAP - $30,000; Elderly Services/Small Repair Program - $6,000; Youth Center Improvements - $22,700; Photo Darkroom for Recreation Center - $4,740; Hoover School Accessible Playground - $7,600; Lafayette Street Paving - $14,000; Aid to Agencies (15% of Entitlement) - $90,000; Administration and Planning - $129,600; Assistance to Small Businesses - $3,000; Contingency - $47,050. The Mayor noted that preliminary approval and direction had been given with agenda item #6. (2) That the I 5 I i Council Activities November 14, 1989 Page 6 Council allocate an amount not less than $20,000 in Road Use Tax funds for curb ramp installations. The Mayor stated that Council had increased the amount to $25,000. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-265, Bk. 102, p. 265, AUTHORIZING THE REDEMPTION OF OUTSTANDING PUBLIC IMPROVEMENT BONDS, SERIES 1981 OF THE CITY OF IOWA CITY, IOWA, DATED AUGUST 1, 1981, AND DIRECTING NOTICE BE GIVEN OF THE SAME. 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. 89-266, Bk. 102, p. 266, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 528 RUNDELL STREET. Staffmember Milkman stated that the rehabilitation program has a graduated scale regarding who has loans and that staff would be coming to Council to increase the number of loans in the near future. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-267, Bk. 102, p. 267, APPROVING THE ACQUISITION OF A SEWER EASEMENT FROM HAWKEYE LAND COMPANY IN CONNECTION WITH SYCAMORE VIEW SUBDIVISION. 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. 89.268, Bk. 102, p. 268, APPROVING LOAN AGREEMENTS BETWEEN THE CITY, THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE IOWA CAN. MFG. COMPANY FOR $500,000 OF COMMUNITY ECONOMIC BETTERMENT FUNDS, AND FOR $50,000 FROM THE CIT1"S URBAN DEVELOPMENT ACTION GRANT REPAYMENTS, ALL MONIES TO ASSIST IN CONSTRUCTION OF A NEW MANUFACTURING FACILITY. Kubby noted that the company had been very responsible to Important aspects such as pollution control and recycling. Ambrisco stated that those aspects are of great concern to a lot of people. Staffmember Patt Cain distributed a prototype of the new recyclable can to be produced by the company. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt a resolution approving, and authorizing and directing the City Manager to execute a purchase agreement and covenant with Montessori School of Iowa City, Iowa, for the purchase of a portion of a lot adjacent to Reno Park. Larson noted he has received the resolution but did not receive a copy of the purchase agreement and covenant. The City Attorney distributed a copy. Larson raised concerns regarding the City securing first option on the property if Montessori ever wanted to sell, the City's ability to use the park if a portion were sold, and the division of the property with a fence or hedge. After discussion, original motion withdrawn. Moved by Ambrisco, seconded by Horowitz, that the resolution be deferred, The Mayor declared the motion to defer carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-269, Bk. 102, p. 269, AMENDING THE AFSCME PAY PLAN AND RECLASSIFYING A POSITION IN THE CDBG DIVISION OF THE PLANNING AND PROGRAM DEVELOPMENT DEPARTMENT (HOUSING i L� li u 1 l.. �I �I i Council Activities November 14, 1989 Page 7 REHAB. ASST.) AND A POSITION IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT (MAINTENANCE WORKER III/WATER PLANT), Affirmative i roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to approve the amendments as outlined in the agenda comment. The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Courtney,seconded by Ambrisco, that the 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/or condominium associations to designate a local agent empowered to represent a property owner(s) concern- i Ing compliance with the Iowa City Housing Code, be given second vote for passage as amended. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Ma declared the motion carried. yor I Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.270, Bk. 102, p. 270, I' RESCINDING AUTHORITY TO ACQUIRE AN AVIGATION EASEMENT IN CONNECTION WITH RUNWAY 6-24 EXTENSION PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted ! Moved by Ambrisco, seconded by Courtney, to set a public hearing for 11/21/89 on an i ordinance amending Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, "Airports '' entitled and Aviation," by repealing Article V thereof, entitled "Airport Zoning"and by enacting 1n lieu thereof Article V as amended, which amendments provide for the rearran e- ment and renumbering of sections, provide for a revised airport zoning g P 9 ma Pi' provide for provisional modification of heighf and use limitations, and clari4es the provision requiring notification of the Federal Aviation Administration of proposed development. The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is Imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the motion carried and adjourned to 10:15 P.M. executive session r JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK - d �, OFFICLAL COUNCIL ACTIONS - I jalj89 The cost of publishing the following Proceedings and claims Is $ . Cumulative cost for this calendar year for said publication is S i Iowa City Councq speclal mt ., 7:30 9 p.m. the Chic Center. Mayor McDonald presiding. Councilmembars present: Arnbdsco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Mayor proclaimed December 3.9, 1989, as -CITIES FIGHT BACK AGAINST DRUGS WEEK'. Moved and seconded, that the following hems and j recommendations in the Consent Calendar be received, or j approved, and/or adopted as amended: Minutes Of Boards and Commissions: Broadband i Telecomm. Comm. - 10/18; RNedront Comm. - 10/18; Design Review COMM. - 10/16; Airport Zoning Comm. I 11/13. Permit Motions: Class B Beer Perk for Rocky ( '' Rococo, 118 S. Dubuque Street Special Class C Beer/Mne Peril for Ubany Restaurant, 1568 S. First l Avenue. Class C Liquor License for The Sanctuary Restaurant, 405 S. Gilbert, Class B Beer Permit for Duds 'n Suds, 5 Sturgis Drive. ( �� Motions: Accepting Abstract of Election for City I ;� election held 11/7/89, (At•Large: John McDonald and Naomi Novick; District 8: Dattel Courtney; Ballot Issue to j Comprehensive Plan - failed). Applications for City Plaza Use Perlis: _ Latin American Human Rights Advocacy Carrier for permission I t 10 set up a table from which to distribute literature and i offer crafts for donations, approved... I ' j 14k, The Mayor declared the motion carded. Relative to the Traffic r Engr.'s memo on East Market Street, Balmer stated that the I I I ± Intent of the one-way May was to discourage people from cutting through the allay to get 10 Governor Street and was i concerned about the change to from a safety tactor. ). Larson noted Sadler discussion at Council's informal session to postpone consideration of this he until after additional j Input was received from the Traffic Engr. Council agreed to defer consideration of this hem until more information was received. Moved and seconded, that ORD. 893444, TO CHANGE THE NAME OF DYNEVOR CIRCLE TO LITTLE CREEK LANE, -I . _ I be passed and adopted. - 1 Moved and seconded, to adopt RES. 89-271, APPROVING {` THE AMENDED PRELIMINARY LARGE SCALE NON•RESIDEN• TIAL DEVELOPMENT (LSNRD) PLAN FOR NATIONAL COM• i PUTER SYSTEMS (NCS) LOCATED AT 2510 NORTH DODGE I STREET. Rob Wrisberg,. 1100 Arthur, a t Council consideration of additional buss service to the south- west side of Iowa City, specifically Rohret Road and Mormon I Trek west The Mayor noted that this matterwould be discussed during the budget discussions In January, A public hearing was held on an ordinance amending Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, emitted 'Airports and Aviation; by. repealing Article V thereof, entitled 'Airport Zoning,' and by enacting In Ileu thereof Article V, 'Ahpon Zoning,' as amended, which amendments provide for the rearrangement and renumbering of sections, provide for a revised airport zoning map, provide for provi. slonal modification of height and use limitations, and clarifies the provision requiring notification to the Federal Aviation OBiciaf Actions November 21, 1989 Page 2 Administratlon Of proposed developmenL Airport Commis. sloner Richard Blum distributed a handout regarding airport zoning. John Dane, R.R. #7 and Owner of property around the airport, appeared. Moved and seconded, to accept the correspondence from Commissioner Blum and a letter from Ally. Charles Barker, representing West Side Co.. The Mayor declared the motion carded.. A public headng was held on the Issuance of $2,960,000 General Obligation Bonds. Finance Director Rosemary Vftosh and Wayne Burggraart, representing Everson & Dodge, appeared. Moved and dopt RES. &qr7Z ING P OCEEDNGSTOTAKEADDR70NALAAMONIFORTHE ISSUANCE OF $2,96,000 GENERAL OBLIGATION BONDS. The Mayor announced the following vacancy; Broadband Telecomm. Comm.. 'One vacancy for an unexpired term ending I/9/90. 1. This a of meeting of 1/ppOlntment will be made at the Council Moved and seconded, to adopt RES. 89.273, AUTHORIZ- ING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT FOR 1990 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNAT- ING THE CITY MANAGER AS: THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT, Moved and seconded, to adopt RES. 89.274, AUTHORIZ. ING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND MID -AMERICA SAVINGS BANK FOR PROPERTY LOCATED AT 1830 T STREET. Moved and seconded, to adopt RES. 89.275, AUTHORIZ- ING EXECUTION OF A LIMITED RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT WITH HUNTER'S RUN SUBDIVISION, PART IV, Moved and seconded, that ORD. 893445, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY. OF IOWA CITY, IOWA, BY AMENDING SECTIONS 17.2 AND 173 TO REQUIP,E OWNERS OF RENTAL PROPERTY NOT RESIDENTS OF JOHNSON COUNTY AND CONDOMINIUM ASSOCIATIONS TO DESIGNATE A LOCAL AGENT EMPOW ERED TO REPRESENT PROPERTY OWNER(S) CONCERN. ING COMPLIANCE WITH THE IOWA CITY HOUSING CODE, be passed and adopted. Moved and seconded, to set a public hearing for 12/12, to receive citizens' comments on the extension Of the Rental Rehabilitation Program Target Area to Include the Sumnl"Orth Dodge Neighborhood. The Mayor declared the motion carried. Moved. and seconded, to adjourn 8:50 p.m. The Mayor declared the motion carried. A more complete description Of Council acttvhl9f is on file In the office of the City Clerk. MCDONALD, MAYO R/J04R s/MARIAN K KARR, CITY CLER Submitted for?yyaWicaa ions Affirmative roll call Vote unanimous, 7/o, all Councilmembers present, The Mayor declared the motion carried. Balmer stated that the Issue relative to the Traffic Engr.'s memo on East Market Street was two -fold. One, that the recommendation to change the one-way alley to two- way was based on the 6.5 response of the postcard survey and two, a question regarding the process Itself.; Balmer stated that the Intent of the one-way alley was to discourage people from cutting through the alley to get to Governor Street and was concerned about the change to two-way from a safety factor. Larson noted earlier discussion at Council's Informal session to postpone consideration of this Item until after additional input was received from the Traffic Engr. Council agreed to defer consideration of this Item until more Information was received. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES i. November 21, 1989 Iowa City Council, special mtg., 7:30 p.m. at the Clvic Center. Mayor McDonald I presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Staff members present: Halling, Timmins, Karr, O'Neil, Vitosh. Council minutes tape recorded on Tape 89.67, Side 1, 1 -End and Side 2, End -368. WEEK." The Mayor proclaimed December 3-9,1989, as "CITIES FIGHT BACK AGAINST DRUGS Balmer requested item 3d(1), memo from the Traffic Engr. regarding the alley north of the 900 block of East Market Street, be deleted from the Consent Calendar and considered separately. Moved by Ambrlscd, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: II ; Minutes of Boards and Commissions: Broadband Telecomm. Comm. -10/18/89; ' Riverfront Comm. -'10/18/89; Design Review Comm. - 10/16/89; Airport Zoning Comm. - i { 11/13/89. Permit Motions: Approving a Class B Beer Permit for Pan Style Pizza Corporation of Iowa dba Rocky Rococo, 118 S. Dubuque Street. { l Approving a Special Class C Beer/Wine Permit for Binh Van Nguyen dba Liberty Restaurant, 1568 S, First Avenue. Approving a. Class C Liquor License for INC, Limited dba The Sanctuary 1� ' Restaurant, 405 S. Gilbert. Approving a Class B Beer Permit for Clean Uvin' Inc., dba 'n Duds Suds, 5 Sturgis Drive, Motions: Accepting Abstract of Election for City election held 11/7/89. (At- Large: John McDonald and Naomi Novick; District B: Darrel Courtney; Ballot issue rei Comprehensive Plan - failed). (. .,. i, Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to set up a table from which to distribute literature and offer crafts for donations, approved. �. Affirmative roll call Vote unanimous, 7/o, all Councilmembers present, The Mayor declared the motion carried. Balmer stated that the Issue relative to the Traffic Engr.'s memo on East Market Street was two -fold. One, that the recommendation to change the one-way alley to two- way was based on the 6.5 response of the postcard survey and two, a question regarding the process Itself.; Balmer stated that the Intent of the one-way alley was to discourage people from cutting through the alley to get to Governor Street and was concerned about the change to two-way from a safety factor. Larson noted earlier discussion at Council's Informal session to postpone consideration of this Item until after additional input was received from the Traffic Engr. Council agreed to defer consideration of this Item until more Information was received. Council Activities November 21, 1989 Page 2 Moved by Larson, seconded by Ambrisco, that ORD. 89-3444, Bk. 31, P. 45, TO CHANGE THE NAME OF DYNEVOR CIRCLE TO LITTLE CREEK LANE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. I Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.271, Bk, 102, p. 271, APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR NATIONAL COMPUTER SYSTEMS (NCS) LOCATED AT 2510 NORTH f DODGE STREET, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The. Mayor declared the resolution adopted. Rob Wrisberg, 1100 Arthur, appeared and requested Council consideration of additional bus service to the southwest side of Iowa City, specifiically'Rohret Road and Mormon Trek west. The Mayor noted that this matter would be discussed during the budget discussions in January. Kubby inquired as to whether there would be separate discussion at a separate time regarding transit. The Mayor stated that decision had not been made. A public hearing was held on an ordinance amending Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Airports and Aviation, by repealing Article V thereof, entitled "Airport Zoning," and by enacting in lieu thereof Article V, "Airport Zoning," . as amended, which amendments provide for the rearrangement and renumbering of sections,provide for a revised airport zoning map, provide for provisional modification i of height and use I , tion of proposed development. Airport Commissioner Richard Blum distributed a handout limitations, and clarifies the provision requiring notification to the Federal Aviation Administra regarding airport zoning. John Dane, R.R. #7 and owner of property around the airport, appeared. Moved by Larson, seconded by Horowitz, to accept the correspondence from I d Commissioner Blum and a letter from Atty. Charles Barker, representing West Side Co. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on the Issuance of $2,960,000 General Obligation Bonds. l i Finance Director. Rosemary Vitosh appeared and distributed a revised page entitled "Debt ' ServiceSchedule" from the Presale Analysis, Dodge, appeared. Wayne Burggraaff, representing Everson & Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.272, Bk. 102, p, 272, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,960,000 GENERAL OBLIGATION BONDS. Councilmembers noted the Aaa bond rating held by the, City and complimented staff on their work to attain and maintain this rating. Kubby noted that the bonds were being sold for purpose of a number of capital Improvements such as the sewerage treatment works and facilities; existing City parks Improvements; bridges and culverts; waterways; and acquisition of real estate for street Improvements. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancy: Broadband Telecomm. Comm. - one vacancy for an unexpired term ending 3/13/91. This appointment will be made at the Council meeting of 1/9/90, r� s L. t F I I Council Activities November 21, 1989 Page 2 Moved by Larson, seconded by Ambrisco, that ORD. 89-3444, Bk. 31, P. 45, TO CHANGE THE NAME OF DYNEVOR CIRCLE TO LITTLE CREEK LANE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. I Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.271, Bk, 102, p. 271, APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR NATIONAL COMPUTER SYSTEMS (NCS) LOCATED AT 2510 NORTH f DODGE STREET, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The. Mayor declared the resolution adopted. Rob Wrisberg, 1100 Arthur, appeared and requested Council consideration of additional bus service to the southwest side of Iowa City, specifiically'Rohret Road and Mormon Trek west. The Mayor noted that this matter would be discussed during the budget discussions in January. Kubby inquired as to whether there would be separate discussion at a separate time regarding transit. The Mayor stated that decision had not been made. A public hearing was held on an ordinance amending Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Airports and Aviation, by repealing Article V thereof, entitled "Airport Zoning," and by enacting in lieu thereof Article V, "Airport Zoning," . as amended, which amendments provide for the rearrangement and renumbering of sections,provide for a revised airport zoning map, provide for provisional modification i of height and use I , tion of proposed development. Airport Commissioner Richard Blum distributed a handout limitations, and clarifies the provision requiring notification to the Federal Aviation Administra regarding airport zoning. John Dane, R.R. #7 and owner of property around the airport, appeared. Moved by Larson, seconded by Horowitz, to accept the correspondence from I d Commissioner Blum and a letter from Atty. Charles Barker, representing West Side Co. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on the Issuance of $2,960,000 General Obligation Bonds. l i Finance Director. Rosemary Vitosh appeared and distributed a revised page entitled "Debt ' ServiceSchedule" from the Presale Analysis, Dodge, appeared. Wayne Burggraaff, representing Everson & Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.272, Bk. 102, p, 272, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,960,000 GENERAL OBLIGATION BONDS. Councilmembers noted the Aaa bond rating held by the, City and complimented staff on their work to attain and maintain this rating. Kubby noted that the bonds were being sold for purpose of a number of capital Improvements such as the sewerage treatment works and facilities; existing City parks Improvements; bridges and culverts; waterways; and acquisition of real estate for street Improvements. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancy: Broadband Telecomm. Comm. - one vacancy for an unexpired term ending 3/13/91. This appointment will be made at the Council meeting of 1/9/90, Council Activities November 21, 1989 Page 3 Councilmember Kubby Inquired as to how many temporary part-time City employees had been with the City for a period of time. She requested staff provide a list of individuals and jobs. Larson updated the public on the status of erosion problems surrounding Cliff Apartments and stated materials had been ordered to preclude further erosion. Ambrisco reminded everyone of his Interest to pursue an ordinance that would penalize railroads for blocking Intersections for too long a period of time, noting a memo from the City Attorney on the subject. Horowitz reported on a speaking engagement to the third grade class at Mark Twain School. Kubby asked for Information regarding the status of the Ardenla facade to be used at Summit Place. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-273, Bk. 102, p. 273, AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, STATEMENT FOR 1990 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. Kubby noted that amendments would have to be made if cuts were announced and that a worst case scenario would not allow the contingency to cover the cuts. Ambrisco complimented CCN for the report which accompanied the recommendations. Council discussed the procedure for citizen Input and that the public was encouraged to attend Affirmative roll call vote unanimous, 7/0, all Councilmembersrecommended for funding. these hearings even if their programs or projects were not present. The Mayor declared the resolution adopted, Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-274, Sk. 102, p. 274, AUTHORIZING THE MAYOR To EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINA- TION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND MID -AMERICA SAVINGS BANK FOR PROPERTY *LOCATED AT 1830 I'll, STREET- 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. 89-275, Bk. 102, p. 275, AUTHORIZING EXECUTION OF A LIMITED RELEASE AGREEMENT CONCERNING STORM - WATER MANAGEMENT WITH HUNTERS RUN SUBDIVISION, PART IV. Horowitz stated that if the developer had put ground cover down and kept It SO It was mowable, We wouldn't have this Problem. Larson clarified that the City Is changing the nature of the hold on the property to enable People to get mortgages on their lots and that the City was still maintaining control. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted, Moved by Balmer, seconded by Ambrisco, that ORD. 89-3445, Bk. 31, p. 46, 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 CONDOMINIUM ASSOCIATIONS TO DESIGNATE A LOCAL AGENT EMPOWERED TO REPRESENT A PROPERTY OWNER(S) CONCERNING COMPLIANCE WITH THE IOWA CITY HOUSING CODE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. 0 1110 IIIVIIVII H0.1110Y YIIWIIIIIVuJlyo .!/U, 411 VVUII6IIIIItl111Utl13 F lubul1k. . 1. y, L - JOHN MCDONALD, MAYOR r r Sri: 1 r ` l i Y on v � � r'•� r MARIAN K. KARR, CITY CLERK ;I:' 0 1. r Sri: 1 r i 0 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES December 12, 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. Councilmember Elect Novick. Staf nembers present: Atkins, Helling, Timmins, Karr, Schmeiser, O'Neil, Winkelhake, O'Malley, Council minutes tape recorded on Tape 89- 67, Side 2, 368-1; 89.69, Side 1, 1 -END and Side 2, END -1. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-276, Bk. 102, p, 276, NAMING IRVING B. WEBER THE OFFICIAL HISTORIAN OF IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. I "' ' 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: { r r Approval of Official Council Actions of the regular meeting of 11/14/89 and the special meeting of 11/21/89 h Resolutions Bk. 102: RES. 89-279, P. 279, ADOPTING SUPPLEMENT NUMBER 42 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. RES. 89- 280, P. 280, ACCEPTING THE WORK FOR TNF PAVUJr: RTr1DAA anAI=D AKIN i Minutes of Boards and Commissions: Airport Comm.- 10/17/89; P&Z COMM. s ? 11/16/89; Mayor's Youth Employment Program Bd. of Directors -9/19/89;'10/24189; Design Review Comm. - 11/13/89; Human Rights Comm.- 10/23/89; Bd. of Library Trustees - 11/16/89; Sr. Center. Comm. - 10/16/89; Historic Preservation Comm. 11/8/89.. � } 1 Permit Motions and Resolutions: Approving a Beer refund for Berntsen, I` Berntsen, Sayre, Bernie, Dick & Edwin dba Duds 'n Suds, 5 Sturgis Drive. Approving ' y' a Class E Beer Permit for B.J. Enterprises dba Expresstop, 2545 N. Dodge.. Approving I a Class C Liquor License for Gabe's Inc, dba Gabe's, 330 E. Washington. Approving - a Class C Liquor License for Yen Ching Restaurant, Inc, dba Yen Ching, 1803 Boyrum r: Street. Approving a Class C Beer Permit for Krause Gentle Corporation dba Kum & ' Go #890, 2315 Muscatine. RES. 89-277, Bk: 102, p. 277, ISSUE DANCING PERMIT. RES. 89.278, Bk. 102, p. 278, ISSUE CIGARETTE PERMITS. ., .., Motions: Approving disbursements in the amount of $4,631,252.55 for the period of 10/1 thru 10/31/89, as recommended by the Finance Director, subject to audit. Resolutions Bk. 102: RES. 89-279, P. 279, ADOPTING SUPPLEMENT NUMBER 42 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. RES. 89- 280, P. 280, ACCEPTING THE WORK FOR TNF PAVUJr: RTr1DAA anAI=D AKIN i Council Activities i December 12, 1989 Page 2 Applications for Use of Streets and Public Grounds: Women's Resource and Action Center for a WORLD AIDS DAY Candle Light Walk to be held on 12/1/89, approved. Mercy Hospital Foundation to put lights on three City -owned trees in the park area in front of the hospital and to have the lights turned on during the period of 12/18/89 thru 1/15/90, approved. Defenders for Life for permission for up to 50 people to picket at Towncrest Center on 12/1/89, denied. Bicyclists of Iowa City to have the Old Capitol Criterium Bike Race on 4/22190, approved. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the motion carried, pp Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-282, Bk. 102, p, 282, APPROVING THE FINAL PLAT OF OAKBROOKE PLACE, A SUBDIVISION OF IOWA CITY, IOWA. ` Moved by Kubby, seconded by Larson, to accept the letter from Joan Lara distributed at Council's Informal session. The Mayor declared the motion carried unanimously, 7/0, all I' Councilmembers present. Kubby stated there was no legal reason to not accept this subdivision but noted she was uncomfortable continually voting on developments that are In sensitive areas. Horowitz noted her frustrations that no environmental regulations were in place' ?' r and developers have no guidelines. However, she felt less concerned after walking through (I the terrain with the developer and observing where the road was going to be and where the, houses would be placed. She commeniffed that all efforts were being made to maintain the back parts of each of the lots as close to the natural state as possible. Balmer stated if will help once environmental regulations are in effect but stated the City wants the best ' development for the area and wants to encourage in -fill development. Affirmative roll call vote t' unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor noted that the next Item on the agenda was a recommendation from the Planning and Zoning Commission regarding legal assistance and questioned Council action on the matter. PPD Director Schmeiser stated the Commission was interested in Council designating this as a high priority item for research by the legal staff and subsequent drafting of an ordinance by the Planning Department. Moved by Horowitz, seconded by Ambrisco, to I r approve the request from the Planning and Zoning Commission for staff assistance regarding the use of a Planned Development Overlay Zone as a mechanism for addressing environmental issues and, if that opinion is in the affirmative, that the Planning and Program Development and legal staffs be available to develop the requisite zone for adoption by the Commission, The , Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Leonard Yeggy, 840 St. Anne's Drive, appeared regarding young people not being able to afford housing. The Mayor stated Council is aware of the problem of affordable housing and it is a priority for Council. ' " r A public hearing was held to receive citizen comments on the extension of the Rental Rehabilitation Program Target Area to Include the Summit/North Dodge Street Neighborhood No one appeared. Horowitz noted the Press -Citizen article regarding local artist Constance Roberts and , r r stated she was also featured in the January Issue of Country Living. Horowitz asked that < t��:. I' i a compre p 2) period lighting, 3) plantings in the parkways, 4) restoration of brick paving, and 5) the undergrounding of utility lines. The City Manager stated that the PPD department was currently short staffed due to the recent departure of one member. He stated it was his undertanding that Summit Street neighbors have Indicated a desire to develop a specific plan unique to their neighborhood, and this was something above and beyond what we traditionally do. Staff will prepare an outline of the Issues and potential for public Investment and keep Council appraised with a summary of activities. Connie Champion, resident of the neighborhood appeared. Moved by Horowitz, seconded by Larson, to accept the recommendation. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to accept recommendation of the Senior Center Commission that the Commission bylaws be amended and refer them to, the Rules Committee. The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.283, Bk. 102, p. 283, DIRECTING SALE OF $2,960,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION I i I Council Activities 1' December 12, 1989 I Page 3 Council seek public Input at their 12/19 meeting on the solid waste management plan for the six county area. She stated copies of the plan are on file in the Public Library. Council agreed to schedule the item for the next meeting. Ambrisco reported that JCCOG had passed a resolution at their last meeting requesting that staff proceed with a study regarding the feasibility for the consolidation of our various transit services. He also said JCCOG had supported the Avenue of the Saints, a direct highway link between the Twin Cities and St. Louis, proposing to utilize existing #218 and #380. Horowitz stated she and members of the local Chamber of Commerce had shown their support of the Avenue of the Saints by attending a meeting in Denver, Iowa, with legislators. Balmer commented that the School District had recently hired an individual to do a demographic study and wondered what City interests might be. The City Manager stated he had been contacted and sent a scope of work, and that the City would be Involved. Balmer inquired as to the status of the EPA grants for the Wastewater Treatment Facility. The City Manager said generally speaking, everything seems to be going well and that the City will be able to secure $3.7 million through EPA and DNR to utilize. Balmer noted a law In Congress entitled the Americans with Disabilities Act and urged staff to I; be aware of the proposed law as it may have significant financial Impact on the community. Balmer noted this would be his last Council meeting with Councilmembers Courtney and Ambrisco and thanked them for the privilege. Larson clarified his quote In the Press -Citizen dealing with the lowest price bid always getting the award. He stated the City's policy is to award to the lowest bid, however, the City tries to give preference and encourages women and I ;i minority businesses in other ways. Kubby noted the recent killings of 14 women in Montreal and questioned the availability of a street map for review of all city street lights. Council noted that a study was done some years ago on this matter. McDonald said an extensive review did. occur in the inner City and Council acted upon the study. Kubby asked for an update. Kubby' ' noted the 102nd birthday of Edward Allen, founder of the Iowa Civil Liberties Union: She also Inquired as to Council discussion of the yard waste program in regards to the budget. The ; City Manager stated that would be Incorporated into upcoming budget discussion atter the first of the year. Recommendation of the Historic Preservation Comm. to assign a staff person to develop hensive Ian for the Summit Street Historic District to address the issues of 1) traffic, a compre p 2) period lighting, 3) plantings in the parkways, 4) restoration of brick paving, and 5) the undergrounding of utility lines. The City Manager stated that the PPD department was currently short staffed due to the recent departure of one member. He stated it was his undertanding that Summit Street neighbors have Indicated a desire to develop a specific plan unique to their neighborhood, and this was something above and beyond what we traditionally do. Staff will prepare an outline of the Issues and potential for public Investment and keep Council appraised with a summary of activities. Connie Champion, resident of the neighborhood appeared. Moved by Horowitz, seconded by Larson, to accept the recommendation. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to accept recommendation of the Senior Center Commission that the Commission bylaws be amended and refer them to, the Rules Committee. The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.283, Bk. 102, p. 283, DIRECTING SALE OF $2,960,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION I i I Council Activities December 12, 1989 Page 4 BONDS, to Harris Trust and Savings Bank at the NIR of 6.0337% and the NIC of $1,082,455. 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. 89-284, Bk. 102, p. 284, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,960,000 ESSENTIAL CORPORATE GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Wayne Burggraaif, representing Evanson Dodge, Inc., reported on the bond sale. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Ambrisco, to adopt RES. 89-285, Bk. 102, p. 285, APPROVING, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT AND COVENANT WITH MONTESSORI SCHOOL OF IOWA CITY, IOWA, FOR THE PURCHASE OF A PORTION OF A LOT ADJACENT TO RENO PARK. Larson stated that a sentence of the agreement and covenant referred to the property being retained as a park and he felt it would not be correct to bind future councils. Moved by Larson, seconded by Balmer, to delete the first sentence of item #12, page 2. The Mayor declared the motion to amend carried unanimously, 7/0, all Councilmembers present. Affirmative roll call vote on the amended resolution carried unanimously, 7/0, all Councilmembers present. The Mayor declared the amended resolution adopted. Moved by Ambrisco, seconded by Larson, to approve Montessori School's proposed location of a fence on the school's half of the parcel being Jointly acquired by Montessori School and the City, as shown on the location map accompanying the November 27th letter from Montessorl School Executive Director Pat Hanick. Larson clarified that this motion allowed the school to build a fence around their playground, The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.286, Bk. 102, p. 286, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED AGREEMENT WITH THE IOWA DEPARTMENT NATURAL RESOURCES FOR AN ENERGY MANAGEMENT PROGRAM MATCHING GRANT. The Asst. City Manager stated that DNR had requested the change of the minimum equipment purchase price from $500 to $300. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, that the ordinance amending Chapter 4 of F' the Code of Ordinances of the City of Iowa City, Iowa, entitled "Airports and Aviation," by repealing Article V thereof, entitled "Airport Zoning," and by enacting in lieu thereof Article V, "Airport Zoning," as amended, which amendments provide for the rearrangement and renumbering of sections, provide for a revised Airport Zoning Map, provide for provisional modification of height and use limitations, and clarifies the provision requiring notification to the Federal Aviation Administration of proposed development, be given first vote for passage. Kubby noted the 11/28 letter from E.K. Jones regarding concurrence on the proposed changes from FAA. Airport Commissioner Richard Blum stated the FAA had reviewed the airport layout plan with the new runway configurations. E.K. Jones appeared and urged FAA approval In writing. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Council Activities I , December 12, 1989 Page 5 rI Moved by Courtney, seconded by Ambrisco, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent `r +` where its disclosure would be likely to prejudice or disadvantage the position �i of the ' II governmental body in that litigation. Affirmative roll call vote unanimous, 7/0 all Council- 'lti members present. The Mayor declared the motion carried and adjourned to executive session °Is s " 9:01 P.M. Si f .4 r�; OHN MCDONALD, MAYOR Fr 1 I, f1 p , f 1� 11 � ' r iY �Clttnn2./: �. ,1 I�, .r»'� :i• " Ntr r 1= /1Q�fi1/ MARIAN K. KARR, CITY CLERK S t .t)t�1lr/,��..eµ1v]) SS k :lir• t 1 r* y J J`.i N I y 1 t I r ��: +,♦}'1'1IMCylI MfiMMJt .1„ ; tir•. ... 1 x f,•ir hJ" tG vk°�Jr 1 r M ZA t t4iFf�L��w'r'r'`$'�A't4i�r.:4i i pv."a>+�N'q�io 'xPrJdF'l W^' Y 'l♦ _ _ - 1 1 W � CYyy F� lyS.aiA he�a. R M f.ly4,"1"J rltui#nPP4l',Jr�ttCx�`.,?l 'R"iir",.; Y;)1 h - Y�Sf•..lili..,ks,!I•iJ'.Y•LrM1 rr r.1 F 1 !f 1 l((iYK 17,} f 1 f Ili^h(r�y �llurl`'leS h r i k l i FS.II•)S , YI _ 11 Ir•.+U�I I. it 1t Icy.. tJ �i:♦'� Y 4J�i t, ♦ Ort aw 1,!I f+dat t��R Ji'1I E J �L fFr ♦ 1v , 'Ilk+k` Y]f'I t�i�J 1 J� I� 1 1 f E Informal Council Session December 11, 1989 Informal Council Session: December 11, 1989, 6:30 p.m. Mayor McDonald presiding. Councilmembers Present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Staffinembers Present: Atkins, Helling, Timmins, Karr, Schmeiser, Smith. Tape-recorded: Reel 89.68, Side 1, 1 -END, Side 2, 723-689. PLANNING & ZONING MATTERS: A. CONSIDER A RPRfN i mini Reel 89.68, Side 1 A SUBDIVISION OF IOWA CITY IOWA. Schmeiser explained this is an 18 -lot, single-family residential subdivision of a 13.56 acre tract located north. of Rochester Avenue; the legal papers have been reviewed and okayed by the Legal Department; and construction drawings and calculations have also been reviewed and approved by the Public Works Department. Schmeiser stated that the plat is ready for Council consideration. Kubby questioned the argument relating to the frontage' road and disturbing the land as little as possible. ^ Kubby asked Councilmembers to read the December' 7, 1989, correspondence from Joan Lara. Balmer cautioned Councilmembers to differentiate between environmentally sensitive areas versus just rolling hills. Kubby stated that the structure of the hill and erosion during and after construction should be considered. Balmer referred to Lara's December 7, 1989, correspondence and took exception to the phrase "encouraging developers in their quest for a quick buck should not be the purpose of City planners.• Balmer emphasized City and staff is very careful in planning. Schmeiser stated this item has been referred to the Legal staff for an opinion to see if it Is legal to use OPDH provisions for protecting environmentally sensitive areas and H it is, to prepare an ordinance to do so. Horowitz stated her support for the recommendation. McDonald noted it is the number one priority of the Planning and Zoning Commission. Ambrisco asked Atkins how the use of a planned development overlay zone as a mechanism for addressing environmental issues will work along with K the large lot subdivision. Atkins stated it ought to work pretty werk- well Larson inquired about the process used to request staff assistance. Schmeiser explained that r 8 legal staff is under the authority of the City Council. Schmeiser stated that if a request is made for general staff assistance, it is directed to the City Manager, but in this case the request is for legal department assistance so it has to pass through the City Council I f EI i Informal Council Session December 11, 1989 Informal Council Session: December 11, 1989, 6:30 p.m. Mayor McDonald presiding. Councilmembers Present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Staffinembers Present: Atkins, Helling, Timmins, Karr, Schmeiser, Smith. Tape-recorded: Reel 89.68, Side 1, 1 -END, Side 2, 723-689. PLANNING & ZONING MATTERS: A. CONSIDER A RPRfN i mini Reel 89.68, Side 1 A SUBDIVISION OF IOWA CITY IOWA. Schmeiser explained this is an 18 -lot, single-family residential subdivision of a 13.56 acre tract located north. of Rochester Avenue; the legal papers have been reviewed and okayed by the Legal Department; and construction drawings and calculations have also been reviewed and approved by the Public Works Department. Schmeiser stated that the plat is ready for Council consideration. Kubby questioned the argument relating to the frontage' road and disturbing the land as little as possible. ^ Kubby asked Councilmembers to read the December' 7, 1989, correspondence from Joan Lara. Balmer cautioned Councilmembers to differentiate between environmentally sensitive areas versus just rolling hills. Kubby stated that the structure of the hill and erosion during and after construction should be considered. Balmer referred to Lara's December 7, 1989, correspondence and took exception to the phrase "encouraging developers in their quest for a quick buck should not be the purpose of City planners.• Balmer emphasized City and staff is very careful in planning. Schmeiser stated this item has been referred to the Legal staff for an opinion to see if it Is legal to use OPDH provisions for protecting environmentally sensitive areas and H it is, to prepare an ordinance to do so. Horowitz stated her support for the recommendation. McDonald noted it is the number one priority of the Planning and Zoning Commission. Ambrisco asked Atkins how the use of a planned development overlay zone as a mechanism for addressing environmental issues will work along with K the large lot subdivision. Atkins stated it ought to work pretty werk- well Larson inquired about the process used to request staff assistance. Schmeiser explained that r 8 legal staff is under the authority of the City Council. Schmeiser stated that if a request is made for general staff assistance, it is directed to the City Manager, but in this case the request is for legal department assistance so it has to pass through the City Council I 1 u , I I� I I� I' 1 Informal Council Discussion December 11, 1989 Page 2 STHEET NEIGHBORHOOD. - Agenda Item No. 6 Schmelser stated he had distributed Exhibit A and Exhibit B maps that evening since they had not been Included with the agenda. Horowitz asked if this Item were citizen -Initiated. Schmelser stated this item was Council -initiated. Horowitz stated staff and Council should also consider the area south of IGrkwood, between IGrkwood and Highway 6, near Boyrum and Broadway. Schmelser stated staff can look at that area next If there is Council Interest, but a special survey would be needed to determine Income levels. CITY CODE UPDATE AND READOPTION PROJECT Reel 89-68, Side 1 McDonald noted Council received December 6 memorandum from City Attorney and City Clerk regarding the City Code update and readoption project. Timmins explained a three phase project is being proposed to update the City Code and provide for readoption. Timmins proposed an initial mini -update where an Index would be placed in front of each chapter in the Code; and then, there would be an initial readoption of the Code. Timmins explained the second phase would Include a study to be undertaken by the Code editor to comprehensively review the Code to see if there are any areas in particular in need of revision. The third phase would Include an in-house review process keying in on those areas the Code editor Identified. Kubby noted the cost to undertake the project was low. Timmins noted that Code editors are +' familiar with the kinds of Issues which are presented by municipal code provisions and the process Is somewhat computerized. Ambrisco asked if the Code would be rewritten. Timmins stated no. Timmins explained that to readopt the Code, Council needs to hold a public hearing and physically pass an ordinance that readopts the Code. Ambrisco asked If the charter is part of the Code. Timmins stated the Charter is separate but it is codified in the City Code. Ambrisco stated that there has been specific problems in the Charter regarding the validity of petitions. Timmins stated the Code editor could review that provision in the Charter and report back. McDonald explained the City Council has the authority to initiate changes y In the Charter and to amend the Charter at any point in time. Karr noted there are three ways to change the Charter. Horowitz suggested a citizens' commission be used. McDonald noted that the City is required to review the Charter every 10 years and the Charter is up for review In 1993. Regarding the City Code update and readoption, Horowitz asked if Council should readopt the Code immediately. Timmins requested that Phase 1 - adding chapter Indexes to each chapter be done prior to readoption. Timmins stated that Phase 1 can be completed within 60 days. Timmins asked Council for approval to spend up to $3700 to get the initial update and authorize the Code editor to start Code review process. Council approved the request as proposed. COUNCIL AGENDA(TIME: Reel 89-68, Side 1 1. Balmer referred to the October 23,1989, Human Rights Commission minutes and asked why the request was made to retain David Brown for legal work. Timmins explained that when David Brown was Asst. City Attorney he handled the Alberhasky case, and that case was appealed to the Iowa Supreme Court on an Issue of whether or not the Housing Commission had jurisdiction. Timmins explained Brown defended the City's Informal Council Discussion December 11, 1989 Page 3 i. Position and Is familiar with the facts and law of the case. McDonald noted that another reason for retaining David Brown is because the case would normally be handled under 1 Bill Sueppel but the attorney for the other side Is from the same attorney's office that Bill will be joining in January. i2. Horowitz stated she recently reviewed the City's disbursements and noted the number of women on the list. Horowitz requested information relating to the percentage of the + City's disbursements that go to women and minority businesses. Horowitz asked if the City is promoting and encouraging women and minority businesses. Atkins stated the City complies with federal program requirements. Atkins stated there is not a deliberate Policy to say the City will provide preferential treatment to women and minority businesses. Atkins reminded Council of a previous discussion relating to business licenses that would allow the City to obtain a better profile of local businesses. Larson i noted he gets complaints from businesses that get outbid by out-of-town businesses. i Asst. City Mgr, stated a list has been developed by the Department of Economic Development that Includes a• comprehensive system for trying to identify and certify women and minority businesses. Larson asked if the City has a policy that if bids are } equal, It goes to women or minorities. Helling stated no, he stated the City has a ( women and minority business enterprise policy and program and contract compliance j policy and program. Kubby noted that CCN has set aside money for an Insurance Pool, books and IQrkwood programs that are available to any contractor. McDonald 1 emphasized that City Council and staff are very sensitive to the Issue. Atkins added that a great deal of the City's procurement process is through quotes and the most difficult aspect is defining what is "local". Ambrisco noted he is always been an advocate of buying locally but cautioned that if the City legislated that, other communities could pass reciprocal legislation. Ambrisco noted that Councilmembers a need to consider their responsibility to taxpayers. Horowitz requested assistance to identify companies that are women and minorities. Kubby requested the list development by the Economic Development Department. Atkins suggested discussion be scheduled informally where staff could package information for Council. Larson noted that the City has a policy that City encourages women and minority business through other things but not by giving them a preference in the biddingI Kubby stated that because h appears there Is an equal partnershi Process. mean the ownership is really an equal partnership, orowitz stated the public should nil know that Council does talk about these issues and Lis concerned about It, r'a 9r I O. Pape, 3. Kubby referred to the tree ordinance and stated she Is surprised not to see the i ills requirement for developers to replace a number of trees removed by the same number of trees in a development. Larson stated that requirement should be in the subdivision @ regulations. Kubby stated that a provision requiring the replacement of trees should be on the list of things to be discussed. 4. (Agenda hem No. 3.9.3 - Application from Defenders for Life for permission for up to 50 people to picket at Towncrest Center.) Courtney Inquired why the application was denied. Atkins explained the application was incomplete; the request to allow so people would have created traffic problems. Atkins stated that a letter was sent to the applicant explaining the City's position. S } i i. December 11, 1989 Page 4 5. Atkins distributed the brochure `Snow Plowing'to Councilmembers and stated additional copies are available. Courtney suggested the Press-Cftizen run a series relating to j Information In the snow plowing brochure. 6• Atkins announced the City received a Aaa bond rating from Moody's. t 7. Atkins noted the December 18, 1989, Council meeting has been rescheduled to 6:30 PM, December 19, 1989, prior to the formal Council meeting. I 8. Kubby stated she will be on vacation January 10.17, 1990 and requested that Council not hold budget workshop meetings or goal setting sessions. 7 9. Timmins reported that applications have been received for the two positions advertised In the legal department. Atkins noted he has been In contact with three or four p attorneys regarding the temporary prosecutor position and it will cost an estimated $50 3 $60 an hour to fill that position. ; DCEr;l1TIVE SESSION- EVALUATION: Reel 89-68, Side 2 Moved by Courtney, seconded by Ambrisco, to adjourn to executive session to evaluate the ' professional competency. of an individual whose appointment, hiring, performance or discharge Is being considered when necessary to prevent needless and irreparable , Injury, to, that individual's reputation and that individual requests a 'Affirmative t; closed session. roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned f f I� to executive session at 7:30 p.m.' 1 ' a i • 7 I