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Home My WebLink About1989-12-19 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES December 19, 1989 Iowa City Council, spec. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Balmer, Horowitz, Kubby, Larson, McDonald. Councilmember Elect Novick. Absent: Ambrisco, Courtney. Staffmembers present: Atkins, Halling, Gentry, Karr, McElroy, Schmeiser, O'Malley, Donohue, Schmadeke. Council minutes tape recorded on Tape 89-71, Side 1, 1 -END and Side 2, END -1; 89-72, Side 1, 1 -END. The Mayor presented certificates from Governor Branstad for the Iowa Conservation Corps Outstanding Summer enrollees to Chris Elmas, Senior Youth Leader, 410 Iowa Avenue Restoration Project, Phase II, and to Marilyn Carey, Senior Youth Leader, 410 Iowa Avenue Restoration Project, Phase ll. Peg McElroy, Race Director of the Iowa City Hospice Road Race, reported on the event held 10/29/89. She stated there were no injuries, participants ranged in age from 7 months to 92 years of age, and announced next year's event would be held 10/7/90. The Mayor noted the addition of the Planning and Zoning Minutes. Moved by Kubby, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended with the deletion of Items 3c(3) and (4) re the Intersection of Grantwood and California: Minutes bf Boards and Commissions: Broadband Telecommunications Comm. - 11/15/89; CCN Comm. -11/21/89; P&Z Comm. - 12/7/89. Permit Motions : Approving a Class E Beer Permit for Randall's International, Inc, dba Randall Foods, 1851 Lower Muscatine Road. Approving an Outdoor Service Area application for Gabe's Inc. dba Gabes, 330 E. Washington. Approving a Class C Uquor License for Mei-Lee Szeto dba Dynasty Chinese Restaurant, 21 Sturgis Drive. Approving a Class C Liquor License for Inn Ho Shinn dba East-West Oriental Foods, 624 S. Gilbert Street. Approving a Class C Liquor License for Inn Ho Shinn dba Aoeshe Restaurant, 624 S. Gilbert Street. Correspondence: Pat Jensen of the Iowa City Area Development Group expressing appreciation for the Senior Center staff and volunteers, Letters regarding the proposed "Greek Complex" from: Riverfront Commission; Harold and Naomi Schedl, Development International Associates informing the Council of their Intent to place the Fraternity Complex before the Council early next year. Applications for use of Streets and Public Grounds: Rachel Kindred for permission to picket in front of 328 E. Washington on 12/15/89, approved. ' Affirmative roll call vote unanimous, 5/0, Ambrisco and Courtney absent. The Mayor declared the motion' carried. The Mayor announced that there would be discussion on Items deleted from the, Consent Calendar regarding the Intersection of California and Grantwood. Myrna Amer, Nora Roy, and Paul Davis, appeared representing Grant Wood School, and requesting a four way stop at the Intersection. Moved by Horowitz, seconded by Kubby, to proceed and put four way stop signs on the corner of Grantwood and California and accept letters regarding the intersection of California and Grantwood Drive from the Safety Co -Chairperson of the Districtwide Parents Organizations; Myrna Amer; Principal of Grant Wood Elementary School; President, Grant Wood Parent/Teacher Organization; and the memo from the Traffic Engr. regarding the request for stop signs. Council asked the safety committee to monitor the I i I� it li.. li.. i i f 7 i i i Council Activities December 19, 1989 Page 2 situation and furnish feedback. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Courtney absent. Moved by Kubby, seconded by Horowitz, to set a public hearing for 1/9/90, on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of certain property located at 1102 Hollywood Boulevard from RS -12 to RM -44. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Courtney absent. Moved by Balmer, seconded by Horowitz, to set a public hearing for 1/9/90, on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property generally bounded by Foster Road to the north, Dubuque Street to the east, the Iowa River to the south and including part of the Elks Club property to the west (peninsula area) from RS - 8 to RS -5. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Courtney absent. Moved by Balmer, seconded by Horowitz, to set a public hearing for 1/9/90, on an ordinance to vacate the unnamed street located near Foster Road and Taft Speedway, west of Dubuque Street (peninsula area). The Mayor declared the motion carried unanimously, 5/0, { Ambrisco, Courtney absent j The Mayor announced that the next item on the agenda was consideration of Idyllwild Subdivision and stated that Council had decided to defer taking action on this item until 1/9 i when public hearings are held for the whole area. Moved by Horowitz, seconded by Kubby, to defer until 1/9/90 a resolution approving the preliminary plat of Idyllwild Subdivision, a subdivision of Iowa City, Johnson County, Iowa. The Mayor declared the motion carried unanimously, 5/0, Ambrisco; Courtney absent. II' Moved by Kubby, seconded by Balmer, to accept the recommendation of the P&Z Commission that Capital Improvements Plan for Fiscal Years 1991-1993 Include the upgrade of Taft Speedway to local street design standards. Council noted that this recommendation was being received from the Commission and did not reflect approval of the concept. Lyle and Carol Seydel, property owners in the area,, appeared and requested an expert hydraulic engineer be present for the public hearing on 1/9 to address the impact of allowing the flood plain to be filled. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Courtney absent. Moved by Balmer, seconded by Horowitz, to adopt RES. 89.287, Bk. 102, p. 287, APPROVING THE FINAL PLAT OF MOSS WOODS SUBDIVISION OF JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Kubby, to adopt RES. 89-288, Bk. 102, p. 288, APPROVING THE FINAL PLATS OF PEPPERWOOD ADDITION, PARTS 8, 9, 10 and 11. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. The Mayor announced the next item on the agenda concerned an LSNRD approval for ACT Distribution Center, noting that the conditions limiting access have all been met and Council could proceed with consideration. Moved by Balmer, seconded by Horowitz, to adopt i Council Activities December 19, 1989 Page 3 RES. 89-289, Bk. 102, P. 289, APPROVING THE PRELIMINARY LARGE SCALE NON- RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR THE ACT DISTRIBUTION CENTER, LOT 1, BDI THIRD ADDITION, EXCEPT SCOTT BOULEVARD RIGHT-OF-WAY DEDICATED TO THE CITY OF IOWA CITY, IOWA. Larson asked If ACT could dispose of the north one-third and a new conditions that would prohibit the futurapplicant be given another access point. PPD Director Don Schmeiser stated there would be e property owner from having a third access point. Schmelser indicated that a future owner could have an access to one of the two existing drives or one drive could be relinquished to a new owner. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Kubby, to accept the recommendation of the P&Z Commission that the City Council Issue a comment to the Johnson County Board of Supervisors that the Council is not opposed to the establishment of a home business for a workshop/display area for antiques located 1.2 miles southeast of the Iowa City city limits in Scott Township. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Courtney absent. Jean Hood, Senior Center Commissioner, distributed and highlighted the December Issue of The Post, Balmer noted correspondence on the Consent Calendar from Pat Jensen expressing appreciation to the Senior Center staff and volunteers. Leonard Yeggy, 840 St. Anne's Drive, appeared regarding parking at the Senior Center. Bob Welsh, 2526 Mayfield, appeared regarding the City's parking policy on residential streets, and acknowledged the service of Councilmember Balmer to the community. The Mayor announced the following vacancies: CCN Comm. -two vacancies for three- year terms ending 3/1/93; Broadband Telecomm. Comm -two vacancies for three-year terms ending 3/13/93; Airport Comm. -one vacancy for a six-year term ending 3/1/96. These appointments will be made at the 1/23/90 meeting of the City Council Moved by Balmer, seconded by Horowitz, to make the following appointments: appoint Judith Dows, 5 Glendale Terrace, to the Design Review Comm, for an indefinite term; appoint Bill Brandt, 2309 Tudor Dr., to the Parks and Recreation Comm. for an unexpired termending 1/1/91. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Courtney absent. The and pre ened him with uaned this would be the la Balmer appreciation plaque.Bamst eerinot d hof is appreciation for nCouncil support, and saluted all City employees. Horowitz stated the cold weather had set in prior to the completion of the Mall Drive sidewalk but notified citizens that work would be completed. Larson commented on the excellent applicants for Boards and Commissions and urged all not appointed to re -apply and to contact Councilmembers about their interests. He noted that in the 11/15 Broadband Telecommunications minutes a reference was made to signal Interference with the Turner network and stated that the problem would be corrected in January by switching to another clear channel. Kubby reported on a press conference held Monday with the Youth Task Force where they presented a list of Issues of youth in crisis. Recommendation of the Committee on Community Needs noted as follows: To amend the previous CCN recommendation for $22,700 in CDBG funding for United Action for Youth (UAY), to be in the form of a $15,000 no Interest loan with repayment to start as appropriate with the balance to be a grant of $7,700. i p i° 1 i Council Activities December 19, 1989 Page 3 RES. 89-289, Bk. 102, P. 289, APPROVING THE PRELIMINARY LARGE SCALE NON- RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR THE ACT DISTRIBUTION CENTER, LOT 1, BDI THIRD ADDITION, EXCEPT SCOTT BOULEVARD RIGHT-OF-WAY DEDICATED TO THE CITY OF IOWA CITY, IOWA. Larson asked If ACT could dispose of the north one-third and a new conditions that would prohibit the futurapplicant be given another access point. PPD Director Don Schmeiser stated there would be e property owner from having a third access point. Schmelser indicated that a future owner could have an access to one of the two existing drives or one drive could be relinquished to a new owner. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Kubby, to accept the recommendation of the P&Z Commission that the City Council Issue a comment to the Johnson County Board of Supervisors that the Council is not opposed to the establishment of a home business for a workshop/display area for antiques located 1.2 miles southeast of the Iowa City city limits in Scott Township. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Courtney absent. Jean Hood, Senior Center Commissioner, distributed and highlighted the December Issue of The Post, Balmer noted correspondence on the Consent Calendar from Pat Jensen expressing appreciation to the Senior Center staff and volunteers. Leonard Yeggy, 840 St. Anne's Drive, appeared regarding parking at the Senior Center. Bob Welsh, 2526 Mayfield, appeared regarding the City's parking policy on residential streets, and acknowledged the service of Councilmember Balmer to the community. The Mayor announced the following vacancies: CCN Comm. -two vacancies for three- year terms ending 3/1/93; Broadband Telecomm. Comm -two vacancies for three-year terms ending 3/13/93; Airport Comm. -one vacancy for a six-year term ending 3/1/96. These appointments will be made at the 1/23/90 meeting of the City Council Moved by Balmer, seconded by Horowitz, to make the following appointments: appoint Judith Dows, 5 Glendale Terrace, to the Design Review Comm, for an indefinite term; appoint Bill Brandt, 2309 Tudor Dr., to the Parks and Recreation Comm. for an unexpired termending 1/1/91. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Courtney absent. The and pre ened him with uaned this would be the la Balmer appreciation plaque.Bamst eerinot d hof is appreciation for nCouncil support, and saluted all City employees. Horowitz stated the cold weather had set in prior to the completion of the Mall Drive sidewalk but notified citizens that work would be completed. Larson commented on the excellent applicants for Boards and Commissions and urged all not appointed to re -apply and to contact Councilmembers about their interests. He noted that in the 11/15 Broadband Telecommunications minutes a reference was made to signal Interference with the Turner network and stated that the problem would be corrected in January by switching to another clear channel. Kubby reported on a press conference held Monday with the Youth Task Force where they presented a list of Issues of youth in crisis. Recommendation of the Committee on Community Needs noted as follows: To amend the previous CCN recommendation for $22,700 in CDBG funding for United Action for Youth (UAY), to be in the form of a $15,000 no Interest loan with repayment to start as appropriate with the balance to be a grant of $7,700. i p i° I� �' l Council Activities December 19, 1989 Page 4 Moved by Balmer, seconded by Horowitz, to adopt RES. 89-290, Bk. 102, P. 290, AUTHORIZING AN EXTENSION OF THE DESIGNATED TARGET NEIGHBORHOODS FOR THE RENTAL REHABILITATION PROGRAM. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. Moved by seconded by Kubby, to SUPPORT OF THE EAST CENTRAL IOWA COUNCIL OF GtOV RNMENTS (ECICOG) AS THE h AGENCY RESPONSIBLE FOR CONTINUING THE PROCESS TOWARD A REGIONAL APPROACH TO SOLID WASTE MANAGEMENT; AND ACCEPTING THE REGIONAL COM- PREHENSIVE SOLID WASTE MANAGEMENT PLAN AS THE INITIAL COMPREHENSIVE GUIDE FOR THE IOWA CITY LANDFILL. The following people appeared: Gina McGee, President of the Johnson County League of Women Voters; Graham Dameron, Director of the Johnson County Health Department; Nathan Shepherd, 816 Maggard; Leonard Yeggy, 840 St, Anne's Drive; Chris Soldet, Route 3. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. The Mayor announced the next item on the agenda was the certification of unpaid water, sewer and refuse charges. The City Clerk noted an updated list of charges distributed that evening and requested the resolution be amended to Include the revised list. Moved by Balmer, seconded by Horowitz, to adopt RES. 89-292, Bk. 102, p. 292, CERTIFYING UNPAID WATER, SEWER AND REFUSE CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX, as amended. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. Moved by Larson, seconded by Horowitz, to adopt RES. 89.293, Bk. 102, p. 293, RETAINING MR. WILLIAM J. SUEPPEL OF THE MEARDON, SUEPPEL, DOWNER AND HAYES LAWFIRM TO REPRESENT THE CITY OF IOWA CITY IN CERTAIN DESIGNATED LAWSUITS AND LEGAL PROCEEDINGS. In response to Larson, Asst, City Atty. Gentry noted the distribution of Exhibit A to the resolution listing the three cases that Atty. Sueppel would be completing for the City. She stated that Atty. Robert Michael would be handling magistrate court at the pleasure and discretion of the City Council as set forth in the next agenda item. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Larson, to adopt RES. 89.294, BK. 102, p. 294, RETAINING MR. ROBERT MICHAEL OF THE LYNCH AND GREENLEAF LAWFIRM TO REPRESENT THE CITY OF IOWA CITY AS A TEMPORARY, PART-TIME PROSECUTOR, Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Larson, to adopt RES. 89.295, Bk. 102, P. 295, RECLASSIFYING A POSITION IN THE ACCOUNTING DIVISION OF THE FINANCE DEPART' MENT (Sr. Account Clerk) AND A POSITION IN THE CIRCULATION DIVISION OF THE LIBRARY (Library Assistant 1). Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to adopt RES. 89-296, Bk. 102, p. 296, AMENDING THE AUTHORIZED POSITIONS IN THE PARKING DIVISION OF THE FINANCE DEPARTMENT, elimination of a Maintenance Worker III -Night Lead Worker and establishment I G a l 1 Iry I - Ii i II i, 1 Council Activities December 19, 1989 Page 5 of a Maintenance Worker II with no supervisory responsibilities. Kubby noted that if supervision was needed the manager of the parking ramp would be rescheduled. Affirmative roll Cali vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to adopt RES. 89.297, Bk. 102, p. 297, DECLARING THE CITY COUNCIL'S INTENT TO DISPOSE OF AND CONVEY A SKYWALK EASEMENT IN FAVOR OF MERCY FACILITIES, INC. AND MERCY HOSPITAL, IOWA CITY, IOWA, WHICH SKYWALK IS TO BE EMPLACED OVER MARKET STREET IN THE 500 BLOCK THEREOF, AND SETTING PUBLIC HEARING THEREON. In response to Horowitz, Asst. City Atty. Gentry explained that the term "revocation" meant that in the event that the public way Is deemed needed by the City the easement could be revoked. Public Works Director Schmadeke explained that a 14-'h foot clearance height has been agreed upon. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, that the 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 of height and use limitations, and clarifies the provision requiring notification to the Federal, Aviation Administration of proposed development, given second vote for passage. Kubby noted the guest opinion from Airport Commissioner Dick Blum explaining the proposed ordinance in the Press -Citizen the previous week. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the motion carried. Moved by Horowitz, seconded by Larson, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where Its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 5/0, Ambrisco, Courtney absent. The Mayor declared the motion carried and adjourned to executive session 9:45 P.M. ?HN—MCD—ONZAOLD, MAYOR MARIAN -K. KARR, CITY CLERK I I F, r TO: Mayor John McDonald FROM: Peg McElroy_ II; RE: Awards for the Iowa Conservation r ri Corps Outstanding'Summer' Enrollees , 'DATE:. December 14; Y989 l i..' I � r 1 Following is a script for r " you for the awards ceremony ,Tuesday, r 4+i '1 y • December 19, 1989, at the city 1 council meeting. 'Please I I I feel free to cha nge it if you wish. I •, ,+,• ( ' "Annually,the Mayor's Y or's Y ouch Employment Program awards two (2) enrollees that have participated in the Iowa Conservation Corps, +Component. 3 Summer Awardees are selected by their staff and; peers r and the selection is waded on outstanding g Performance, commitment and understanding of the natural resources: and rich heritage of the State of Iowa. ,II y .,y_ _ ...,�.......:. ....... ............ . . ........ _ The following young people will receive certificates from the ' Governor of Iowa, the Honorable Terry Branstadef: i -,,. f Chris Eimas,.Seaior.Youth 410 IowaAvenue Restoration .Leader, project, Phase II" pp Here Chris will receive the certificate from you John s "Marilyn Carey„ Senior Youth Leader, ' 410 Iowa Avenue Restoration Project, Phase II - Marilyn is unable to be with us , c ' this evening.. r In Closing I would like to congratulate the recipients of this ` r' .YM. ... .... .. .. ... '... Nu.N ... yearns awards and.that all of the participants in,the.Mayor's Youth Employment'Programll. Thanks John: t' 1 n t 4 ` j p as year, at a time when nationally races are holding steady or declining in numbers. r We are the 2nd largest race in Iowa. f ' l Our youngest to participate was 7 month old Bobbee Schabilion rr and out oldest for the secondear was Y 92 year old Menno TO: Mayor John McDonald, Iowa City Council and staff of the City Bontragger. of Iowa City: 1 4 j O ,M ; As Race director,I would like to convey my appreciation for wY the City of Iowa City's support, encouragement and participation ?..t70.; in the Iowa City Hospice Road Races held Sunday, October 29, 1989. " RACE FACTS i 3;000 individuals registered for the event, 2901' safely finished with the first person, 39 year old Don Fishof t Iowa clocking in a'time of 4:57 in the l mile race and finishing rY all.events,was Robert Miller of Camanche, IA, participating'in the half marathon in a time of 2:39:59. There were 2;769 Iowans, 15 states represented and one individual from Mexico. This field represents a 12% increase in partici ants over 1 t ' p as year, at a time when nationally races are holding steady or declining in numbers. r We are the 2nd largest race in Iowa. f ' l Our youngest to participate was 7 month old Bobbee Schabilion rr and out oldest for the secondear was Y 92 year old Menno Bontragger. 1 4 j O ,M ; wY a17 sponsors and raised over $e1,000.for the agencies of United Way. This represents an astounding 37$ increase over last .year. 49 teams healthfully competed and raised over $46,000 including Team Iowa City Public ,Library who placed first in overall team I competition having challenged the University of Iowa Libraries and J Were. also first place in the fundraising effort among- civic and public organizations. Now ray favorite report: There were no injuries. Traffic a control director and sheriff's deputy Joe Lalla assisted by the Iowa --City' Police ,,Department, Officer Stika, the sheriffs department ;and the department reserves once provided again excellent service to the participants. There were no complaints received by the police department.' IffI II " r 1• Our national guests besides Nan Doak Davis included runners from NIKE Boston Club, Boulder & Denver Colorado, and Chihuahua, Mexico. Tim McLoone, Jersey Waterfront Race Director, served as the EMCEE and gave up playing with Bruce Springsteen in his restaurant in Rumson NJ in order to be with us in Iowa - The I I restaurant named, of course, McLoone's Rum Runner. I a17 ff 1. On behalf of the board and staff of the Iowa City Road Races, Inc., I would like to, thank the city of Iowa City for their involvement, encouragement and participation in this event. HERE Glen Epstein/Cheryl Jacobson/Tim Barrett To Mayor John McDonald and Susan Horowitz for their volunteer efforts... HERE WINE GLASSES To Team Iowa City Public Library - Ed Arensdorf, Team Captain, .the Ii ' famous Bill Rogers Travelling in �i' 4 g Track Shoe: rµ�l'h�—11��Gi�GI.G i Pr-ctpr,Ncl To :Cathy Chinander, � Human Relations Personnel -, Select d as one �1 ' 7 of the outstanding volunteers of the year for her involvement in , Key_Entry for the race. And To Jean Kaehlber, V olunteer Director and outstanding volunteer of the year... And 'of course we can't forget the ultimate in participation -City. Ty Engineer, Rick Fosse worked closely with us in designing a new I w road in Iowa City the week before the race. It turns out that our nationally certified race course nearly went down the toilet with the new sewer project. This minor obstacle was noticed by Iowa t ` City Police Officer Vicky Lalla while travelling on First Avenue near. Mall Drive. This lead to our calling this "new street" for week '... Atkins Avenue d Lll that we .... anaa Lane .. a *****Don't Forget This Part - Now, next year, October 7, 1990'- plenty of time to train - issue a challenge to the board of supervisors! 3 i G i Informal Council Session December 19, 1989 Informal Council Session, December 19, 1989, at 6:35 p.m. In the Council Chambers. Mayor John McDonald presiding. Councilmembers Present: Horowitz, McDonald, Balmer, Larson, Kubby. Absent: Courtney, Ambrisco. Staffinembers Present: Atkins, Heiling, Karr, Gentry, Schmeiser. Taoe-recorded: Reel 69-70, Side 1, 1 -END, Side 2, 723.679. PLANNING & ZONING MATTERS; Reel 69-70, Side 1 A. B. Schmeiser explained that the property is presently developed for apartments and there are three buildings with a total of 15 units that are presently non -conforming because of the zoning. Schmelser stated the Comprehensive Plan has designated this property for high density multi -family residential development and, at the City's Instigation, the property is being considered for rezoning to RM -44 to bring it Into compliance with the Comprehensive Plan and to conditionally rezone it so no additional apartment units can be built on the property: Schmeiser presented a map of the area and stated that four tracts - tract 1, tract 2, tract noted th3, and at tract 4vis not up fore been o nsidelra oln tonight. ZSchmeiser explained that Commission. chmeIS recommended that the entire area be rezoned from RS 8 to RS -5, which is consistent taff with the newly adopted Comprehensive Plan, 1989 Update. Schmeiser explained the Planning & Zoning Commission has recommended that tract 1 not be rezoned, but be retained as RS -8, tract 2 also be retained as RS -8, and tract 3 be rezoned to RS -5. In response to Kubby, Schmeiser explained the Planning & Zoning Commission chose to divide the area into four tracts and consider each tract separately. Kubby asked if there is a pending development on tract 4. Schmeiser stated yes, the Greek Complex. Kubby asked if there is any development on tract 2. Schmeiser explained the First Evangelical Free Church is located on tract 2. Larson asked if the undeveloped portion of tract 2 could be subdivided and developed for residential use. Schmeiser stated yes. Larson stated he did not understand why tract 2 should be rezoned to RS -8. Schmeiser stated he was not sure but the Planning & Zoning Commission did not have a consensus vote for that recommendation either. Larson requested a Planning & Zoning Commission representative attend the public hearing. McDonald noted Tom Scott will be available to answer questions at the public hearing. I I a r- I t } I�r: r B. Schmeiser explained that the property is presently developed for apartments and there are three buildings with a total of 15 units that are presently non -conforming because of the zoning. Schmelser stated the Comprehensive Plan has designated this property for high density multi -family residential development and, at the City's Instigation, the property is being considered for rezoning to RM -44 to bring it Into compliance with the Comprehensive Plan and to conditionally rezone it so no additional apartment units can be built on the property: Schmeiser presented a map of the area and stated that four tracts - tract 1, tract 2, tract noted th3, and at tract 4vis not up fore been o nsidelra oln tonight. ZSchmeiser explained that Commission. chmeIS recommended that the entire area be rezoned from RS 8 to RS -5, which is consistent taff with the newly adopted Comprehensive Plan, 1989 Update. Schmeiser explained the Planning & Zoning Commission has recommended that tract 1 not be rezoned, but be retained as RS -8, tract 2 also be retained as RS -8, and tract 3 be rezoned to RS -5. In response to Kubby, Schmeiser explained the Planning & Zoning Commission chose to divide the area into four tracts and consider each tract separately. Kubby asked if there is a pending development on tract 4. Schmeiser stated yes, the Greek Complex. Kubby asked if there is any development on tract 2. Schmeiser explained the First Evangelical Free Church is located on tract 2. Larson asked if the undeveloped portion of tract 2 could be subdivided and developed for residential use. Schmeiser stated yes. Larson stated he did not understand why tract 2 should be rezoned to RS -8. Schmeiser stated he was not sure but the Planning & Zoning Commission did not have a consensus vote for that recommendation either. Larson requested a Planning & Zoning Commission representative attend the public hearing. McDonald noted Tom Scott will be available to answer questions at the public hearing. I I r- I I�r: Minutes informal Council Session December 19, 1989 Page 2 C. Schmelser stated that it is recommended by the Planning & Zoning Commission and staff that It be vacated subject to: 1) approval of the final plat of Idyllwild Subdivision; 2) construction of Sage Street; 3) removal of the roadbed to the unnamed street by and at the expense of the developer of Idyllwild Subdivision; and, 4) reservation of any required utility easements over the unnamed street right-of-way. Schmelser noted the streets within Idyllwild Subdivision are to replace the unnamed street. Schmelser presented a plat of Idyllwild Subdivision to Councilmembers. Schmeiser stated Sage Street, located in the western portion of the plat, is the street proposed to replace the unnamed street located on the west boundary of the subdivision. Larson asked when Foster Road Is Improved If individual lot holders or the developer will be assessed for those costs, Schmelser explained the developer must submit a petition requesting that qall abutting streets be assessed against the abutting property owners and he would be p committing to ar�aereeemerg waiver of assessments to the construction of those streets. 1, ¢' Schmelser explained the developer could pay for the costs of Improvement of the streets, or he could pass it onto the perspective property owners. Larson raised concerns that the lot owners will not realize they are going to be assessed for those Improvements. Gentry noted that Foster Road is not affected by Idyllwild Subdivision. Larson stated that when Foster Road is Improved, those improvements are going to be paid for by special assessment on the people that live In Idyllwild. Schmeiser stated that in the absence of an assessment• waiver the developer can work out some arrangements With the prospective property owners to pay for that assessment or, if nothing is done and the property is sold, It will become the lot purchasers who end up paying for the assessment. Schmeiser stated there is a note on the plat that suggests he street would be improved by assessment and it is hoped that property owners would see the note on that plat although there Is not that assurance. Councilmembers discussed he special assessment. Gentry noted that there is a Planning & Zoning recommendation that improvements of Taft Speedway be placed in the CIP for the next five years. Larson asked if legally the City can ask if money from those lot owners be held in escrow by he developer for the special assessments. Gentry stated money could not be held for public Improvements to Foster Road and that the road is not affected In terms of the adequate facility doctrine. Gentry noted additional ordinances and regulations would be needed to provide for that. Gentry stated here would have to be guidelines and legislation to permit off-site exactions. Larson noted that West Port ic mipro ementwas r stated those s werequired through to do some ita Conlditi nal Zoning tAgreements. SeBalmer t ted the area west of the Elks Club will be developed in the future and asked how the assessment would be handled for road Improvements. Schmelser stated that generally with collector streets, the City pays for the over -width requirement, paying for the extra width paving above 28 feet. Schmelser explained the collector street would become the obligation of the developers in the area to pay and put in if it's part of their ned It the t exists, ou eiter have to reconstruct uct itpinen ssand assesthe cer ostiof hehreconstructiorneagainst the adjoining property q owners or pay for Its reconstruction by other means such as with GO bonds: Larson asked if Council is committing now to have Foster Road Improved by special assessment. Schmelser stated the Council is not making a commitment to use special r �I L i .i.. 1i i 1 'I I Minutes Informal Council Session December 19, 19a9 Page 3 assessment for Improvements to Foster Road. Schmelser stated staff and the Planning & Zoning Commission discussed the Issue and did not feel that Foster Road is as urgently needed for Improvement as Taft Speedway, so the Planning & Zoning Commission did recommend Council Include Taft Speedway for upgrading in the 1991 CIP. Schmelser referred to the plat and stated that all lots have passable access to them and the Interior streets and not provide for Taft Speedway Individual lot access. In response to Larson, Schmelser stated "passable access" is a street that is within one foot below the floodplain level for the area. Schmelser noted the City street standards require the streets to be constructed within one foot of the flood level. Schmelser stated Taft Speedway does not need to be brought up to grade for this subdivision to be improved. Larson asked what land would need to be developed that would cause Taft Speedway to be brought up to grade. Schmelser explained that tract 4 is one of the tracts where that is an Issue and if there is additional development of tract 3, it would have to have passable access. Kubby asked that with the recommendation of the Planning & Zoning Commission to put Taft Speedway in the CIP, does that include making it passable. Schmelser stated yes. Horowitz asked what that does to the homes between Taft Speedway and the river. Schmelser stated there are places where the road may have to be filled to as much as three or four feet above its present level and that would bring the street up to a considerable height above existing ground level. Horowitz raised concern about the Impact on the homes that will essentially be between a dike and the river. Schmelser stated the street would have to be provided with curb and gutter and a stormsewer system, and that any additional stormwater would be picked up and carried off by the storm sewer system that would convey it directly to the Iowa River. Horowitz stated the road was never that high and water was allowed to move Into tracts 1 and 2 and with those plans, it would be Impeding that water so it could not go Into tract 1. Horowitz asked If the City has any responsibility having changed the topography. Schmelser stated that some of the properties are probably below the 100 year flood level, there will be no additional water flooding those properties. Schmelser explained the floodway Is an area that is designed to convey a 100 year frequency flood; and areas beyond that, the floodplains, can be filled and not disturb the floodway. Schmelser explained that If all the floodplain areas were filled, it will raise the level of the 100 year frequency flood within the floodway one foot. Schmelser stated that even though you may restrict portions of the floodwaters from spilling over into the floodways, you are still not raising the flood level of the 100 year flood because it has other areas it can spread out over. Schmelser stated the 100 year flood is not going to further damage property south of Taft Speedway. Horowitz stated the stormwater management area is located north of Taft Speedway and if there is a flood, the river will come through a pipe into the area. Schmelser stated the water will be equalized on both sides of the road. Schmelser stated all lots of this development have to be raised so the first floor elevation of the homes being built must be one foot above the 100 year flood level. Horowitz asked what the environmental Impact is of having done that on the rest of the peninsula. Horowitz stated that if you are displacing that much water by filling In tract 1, what is the environmental impact on the rest of the peninsula. Schmelser stated the floodplain is being filled which will not disturb the 100 year channel. Schmelser stated there are other floodplain areas in which the water can spill into, including City Park. Schmelser noted that only If all areas are filled to the height of the flood, would you raise the Hood level one foot. Horowitz stated a substantial 1 - I I i it 1 Minutes Informal Council Session December 19, 1989 Page 4 amount of money has been put Into the City Park area and she is uncomfortable with filling in anything along the river that will displace the natural flow Into somewhere else. Horowitz noted there is currently a problem with the Corps of Engineers not having a , plan for removing sill from the Coralville dam. I i D. RESOLUTION APPROVING THE PRELIMINARY PLAT OF IDYLLWILD SUBDIVISION A I SUBDIVISION OF IOWA CITY JOHNSON COUNTY IOWA. (S-8937) McDonald suggested to Councilmembers that Item D be deferred until January 9, 1990. Kubby noted that until a public hearing is held on the zoning changes and the public's Input is received, it is not fair for Council to make decisions about the development before the public hearing. F. RESOLUTION APPROVING THE FINAL PLAT OF MOSS WOODS SUBDIVISION OF JOHNSON COUNTY. IOWA. (S-8935) I. Schmeiser noted that this is an 8 -lot subdivision of 10.74 acres and that the plat is ready for consideration: I 1 G. RESOLUTION APPROVING THE FINAL PLATS OF PEPPERWOOD ADDITION PARTS I j Q 9. 10 AND 11. (5.8940) i 11 H. No Council comment. Schmeiser presented a plat of the area. Kubby asked if the 12-16 Inch water main is part of the City's current CIP Plan. Schmeiser noted the 16 inch water main will be put In and paid for by the developer. Atkins stated that over -sizing Is paid for by the City. In response to Kubby, Atkins stated that the City will often sell GO bonds to pay for sewer projects and then pay for them through sewer revenues. Larson inquired about access. Schmeiser slated ACT has agreed to keep access to two access points on Scott Boulevard. Schmelser stated the plan Is ready for Council consideration. Schmeiser statod the County Zoning Ordinance requires that conditional uses in the County be referred to a city having extra -territorial jurisdiction in areas where the uses are proposed. Schmeiser stated the Planning & Zoning Commission and staff recommended that Council issue a comment that the City has no objection to the establishment of this home business. , r I Minutes Informal Council Session December 19, 1989 Page 4 amount of money has been put Into the City Park area and she is uncomfortable with filling in anything along the river that will displace the natural flow Into somewhere else. Horowitz noted there is currently a problem with the Corps of Engineers not having a , plan for removing sill from the Coralville dam. I i D. RESOLUTION APPROVING THE PRELIMINARY PLAT OF IDYLLWILD SUBDIVISION A I SUBDIVISION OF IOWA CITY JOHNSON COUNTY IOWA. (S-8937) McDonald suggested to Councilmembers that Item D be deferred until January 9, 1990. Kubby noted that until a public hearing is held on the zoning changes and the public's Input is received, it is not fair for Council to make decisions about the development before the public hearing. F. RESOLUTION APPROVING THE FINAL PLAT OF MOSS WOODS SUBDIVISION OF JOHNSON COUNTY. IOWA. (S-8935) I. Schmeiser noted that this is an 8 -lot subdivision of 10.74 acres and that the plat is ready for consideration: I 1 G. RESOLUTION APPROVING THE FINAL PLATS OF PEPPERWOOD ADDITION PARTS I j Q 9. 10 AND 11. (5.8940) i 11 H. No Council comment. Schmeiser presented a plat of the area. Kubby asked if the 12-16 Inch water main is part of the City's current CIP Plan. Schmeiser noted the 16 inch water main will be put In and paid for by the developer. Atkins stated that over -sizing Is paid for by the City. In response to Kubby, Atkins stated that the City will often sell GO bonds to pay for sewer projects and then pay for them through sewer revenues. Larson inquired about access. Schmeiser slated ACT has agreed to keep access to two access points on Scott Boulevard. Schmelser stated the plan Is ready for Council consideration. Schmeiser statod the County Zoning Ordinance requires that conditional uses in the County be referred to a city having extra -territorial jurisdiction in areas where the uses are proposed. Schmeiser stated the Planning & Zoning Commission and staff recommended that Council issue a comment that the City has no objection to the establishment of this home business. I i s I Minutes i Informal Council Session December 19, 1989 Page 5 $ k COUNCIL TIME: Reel 89-70, Side 1 1. (Agenda Item No. 3.c. 3 and 4 - Letters regarding the Intersection of California and \ Grantwood Drive.) In response to Kubby, Mayor McDonald stated these items can be i pulled out for separate discussion. 2. (Agenda Rom No. 12 - East Central Iowa Council of Governments/Solid1 Waste ` Management.) In response to Horowitz, McDonald stated public comment will be i \ allowed under this Item. APPOINTMENTS; Reel 89.70, Side 1 Design Review Committee -Judith Dows Parks & Recreation Commission - Bill Brandt. i Kubby stated she is frustrated with the Council's appointment process because it seems a person would have to know someone to get Involved with a City Board or Commission:' ADJOURNMENT: _ r '\ The meeting adjourned at F 7:25 p.m. s i � + ] S' , 1; I