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HomeMy WebLinkAbout1989-10-17 Council minutesi �l Informal Council Session October 2, 1989 Informal Council Session: 6:35 p.m., October 2, 1989, Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Courtney, Kubby, Larson, Balmer, Horowitz. Staffmembers Present: Atkins, Hailing, Timmins, Karr, Smith, Schmelser, Boothroy, Milkman, Cain. Tape-recording: Reel 89-53, Side 2 END -1; Reel 89-55, Side 1 1 -END, Side 2 END -1. PLANNING & ZONING MATTERS: Reel 89-53, Side 2 A. Schmeiser noted the applicant is asking Council to set public hearing now, although l this item is not expected to be acted upon by the Planning &Zoning Commission until Thursday, October 5. L1 C. I L; j. ) Schmeiser stated this property was the subject of an earlier appecauon suDmmea Dy Pediatrics Associates to rezone the property to. CO -1 for the purposes of constructing a parking lot adjacent to their facility; the City Council denied the request at that time; and presently, the Comprehensive Plan does advocate it being rezoned to CO -1 zone. Horowitz stated she has talked with Dr. Wallace to express her concerns regarding the process for changing the zoning. Horowitz explained that there has been an emphasis on saving housing, especially near the inner-city area and that house could have been rehabilitated. McDonald noted that problems do arise when zoning boundaries are placed down property lines. Kubby asked why Planning & Zoning Commission member j Clark voted no. Clark stated his concerns that the Mercy Hospital area was not dealt with In, a proper manner in review of the Comprehensive Plan, See above item B. 0 i >I i R i City Council - Informal Session October 2, 1989 Page 2 1 E. F. G. Schmeiser noted that a sketch of the property was Included in the Council packet and this action is merely to implement the Comprehensive Plan. In response to Kubby, Schmeiser said the buffer from the area to the north will be by the natural grade change In the topography. Schmeiser noted the request has been conditioned to limit the number of lots to 16 lots. In response to Kubby, Schmeiser explained that initially it was to be rezoned to RS -8, but their proposed development complied with RS -5 zoning so the Planning & Zoning Commission recommended it be rezoned to RS -5. Kubby inquired about measures being taken to protect the land. Schmeiser noted that the subdivision is limited to 16 lots. In response to Balmer, Schmeiser noted sidewalks are not included in the proposal. Councilmembers discussed the subdivision proposal. In response to Kubby, Dick Phipps stated price range of the houses will be between $120,000-$150,000 for each lot. Schmeiser noted that expedited action has been requested. See above item E. Schmeiser noted Council received his memo regarding the ordinance to amend the Zoning Ordinance regulations of Neighborhood Commercial Zone. Schmeiser stated that staff does not object to the changes and the changes are in keeping with the purpose section of the CN -1 zone. Kubby asked why living space was deleted for apartments above stores. Schmeiser stated that this Issue was debated at the time the Initial Zoning Ordinance was prepared. Schmeiser stated that he felt residential uses could be built Into a CN -1 zone development. Horowitz stated that she has seen Instances where residential usage in a commercial area has stabilized the commercial - residential area. Schmelser noted that this will be the only commercial zone where residents would not be permitted above ground floor commercial uses. Horowitz stated residential owner -occupied use could be a stabilizing factor. Council discussed mixed use buildings, In response to Kubby, McDonald stated that If a majority of Council - 0 i i i I� 1 I I I ;ti City Council - Informal Session October 2, 1989 Page 3 members wanted to allow residential use In the CN -1 zone, It would have to be referred back to the Planning & Zoning Commission. Clark, Planning & Zoning Commissioner, suggested Council review minutes of the Planning & Zoning Commission discussion regarding that Issue. McDonald requested staff to obtain copies of the Planning & Zoning Commission minutes. H. PUBLIC HEARING ON AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO DEFINE VARIETY STORES. Schmeiser noted that the definition of variety stores was supplied by the Standard Industrial Classification Manual. I, PUBLIC HEARING ON AN ORDINANCE TO VACATE OLYMPIC CIRCLE WEST OF BOYRUM STREET. Schmeiser explained the applicant, Southgate Development Company, wishes to vacate Olympic Circle and combine that with other property it already owns for a unified tract for the PPT building. Schmeiser presented a plan map to Councitmembers. In response to Horowitz, Schmeiser noted that Olympic Circle Is being Incorporated into a parking area. Horowitz raised concerns about the need for additional parking by other businesses in the area. Kubby Inquired about the land exchange as proposed by the Southgate Development Company. Schmeiser presented a map of the land owned by Southgate Development Company to be exchanged with the City. Schmeiser noted that the land is presently zoned RS -5. Balmer asked if that land would be incorporated Into the City's parks. Atkins stated yes, but the land itself has a landfill history which still needs to be investigated, Atkins explained to Councilmembers that he has had conversations with Southgate Development regarding clean-up of the land. Larson raised concerns about the leachate problem and clean-up of the land. In response to Councilmembers, Atkins stated a monitoring well could be installed on the property and the water sampled. Schmeiser noted that the Riverfront Commission did recommend acceptance of the proposal. J. ORDINANCE TO VACATE OLYMPIC CIRCLE WEST OF BOYRUM STREET. See Item I above. Schmeiser noted the applicant is requesting expedited action. K. PUBLIC HEARING ON A RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION Schmeiser noted Counclimembers received a memorandum. Schmeiser presented Mercy Hospital's proposed plans. Schmeiser stated the proposed expansion to Mercy Hospital is south of the emergency ward and includes reconfiguration of the parking lot. Schmeiser stated utilities underneath the alley right-of-way will need to be relocated. Schmeiser explained plans are to eventually relocate the sanitary sewer and storm sewer completely away from the hospital. In response to Kubby, Schmelser stated Mercy i i �- i.. City Council - Informal Session October 2, 1989 Page 4 Hospital would do the actual contractual work for moving the utilities and the City would Inspect the work. L. RESOLUTION OF IP CIRCLE AND SET VEYANCE. See above item I. M. (SYCAMORE VIEW). Schmelser noted the alley is part of Sycamore View. Schmelser explained the City has received proposals for the tracts of land: tract #1 - 800 square foot, $422 equalling 52c per square foot; tract #2 - 1,415 square foot, $487 equalling 350 per square foot; and tract #3 —1,523 square foot, $503 equalling 330 per square foot. Schmelser said bids were received for a total c; 3,738 square foot, for $1,412 total equalling an average of 380 per square foot. Schmeiser explained that half of the alley would be incorporated Into the lots and there will be a common driveway that will provide access from J Street to each of the lots along First Avenue. N. RESOLUTION APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES PARTTHREE A 19.17 ACRE, 13 -LOT RESIDENTIAL SUBDIVISION LOCATED NORTH OF 1-80 AND EAST OF PRAIRIE DU CHIEN ROAD IN JOHNSON COUNTY, } Schmeiser noted that this was the subject of some previous discussion by City Council regarding acceptable secondary access. Schmeiser noted the preliminary plat of the subdivision was approved and the final plat does comply with the preliminary plat. 0. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SCOTT'S SECOND ADDITION AN APPROXIMATE 24 ACRE. 5 -LOT COMMERCIAL SUBDIVISION LOCATED IN JOHNSON COUNTY IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF HIGHWAY 1 AND U.S, HIGHWAY 218. Schmeiser presented plans. Schmeiser noted that Lot 1 Is proposed for a truck stop. Fpr Schmeiser stated that the Planning and Zoning Commission has asked that Council recommend to the County that the widest possible radius be provided at the Intersection of Naples Drive and Highway 1 and also to the entrance of Lot 1 from Naples Drive. Larson emphasized that decisions regarding the use of the property are made at the zoning level, Horowitz Inquired about the septic system, Schmeiser stated it must comply with the County Health Department standards. Larson stated that zoning decisions are very difficult, Horowitz inquired about the wide angle turn, Schmeiser stated the State does have to approve to the intersection to Highway 1. i t f i ( i � 1 � { l �I City Council - Informal Session October Z 1989 Page 5 a YN R. S. RECOMMENDATIC ON THE SOUTH I STREETS. TO THE OF SCOTT'S SECOND ADDITION. See above item 0. SOUTH CAPITOL STREET. Schmeiser stated a 104 -unit, high-rise apartment building is proposed on the east side of Capitol Street. Schmeiser presented a plan map of the proposed project. Kubby noted that Council had raised previous concerns about the parking regulations as they relate to high-rise developments. Schmeiser stated the plan does comply with all the requirements of the City Ca,, and staff is recommending approval. in response to Kubby, Schmelser noted that rents will be approximately $570 plus utilities for two- bedroom apartments and $400 plus utilities for one -bedroom apartments. Schmeiser stated the Planning & Zoning Commission Is recommending to provide short-term parking in front of the high-rise building on South Capitol Street and Prentiss Street. Schmeiser recommended that Council refer the Planning & Zoning Commission's recommendation to the Traffic Engineer to review and advise the Council.- Horowitz noted another congested area, the alley on Lafayette between East Capitol and Clinton and asked the City to look at this area for meters and signage. Kubby raised concerns that the City would be displacing parking used by the current renters in the area. Kubby suggested Council should hold off on the decisions regarding metering until decisions are made regarding development south of Burlington Street. See above item 0. See above Item 0. Amended 10-17-89 City Council - Intormal Session October 2, 1989 Page 5 P. RECOMMENDATION OF COUNCIL RECOMMENI TURNING RADII BE PE NAPLES AVENUE AND OF SCOTT'S SECOND I See %dove item 0. O. RESOLUTION APPPnVIN Schmelser stated 104-unit,/dstaff ap ment building Is proposed on the east side of Capitol Street. hmeisea plan map of the proposed project. Kubby noted that Council ha raiseconcerns about the parking regulations as they relate to high-rise dev pmelser stated the plan does comply with all the requirements of the Ci Coff is recommending approval. In response to Kubby, Schmelser noted hall be approximately $570 plus utilities for two- bedroom apartmentsandilities for one -bedroom apartments. Schmelser stated the Planning & ZVr N Commission is recommending to provide short-term parking in front o} the gh It building on South Capitol Street and Prentiss Street. Schmelser recomme ed that Council refer the Planning & Zoning Commission's recommendation to he Traffic gIr to review and advise the Council Horowitz at parkin be considered-Lafayette�treet-betweerrEast-Capitol-and-Olinton streets Kubby aised concerns tha the City would be displacing parking used by the current renter In the area. Kubby su Bested Council should hold off on the decisions regarding tering until decisions are ade regarding development south of Burlington Street, R. RECOMMENDATIONnFTNFPreurainlr_r / See above item 0. See above Item O. \ on In � pa�ca anAter ecn�ea� area. Ae alter'P bet i L. 601 and cl;14, a11J a_<AJ 41V_ di� 4 look a-4 49ri.s area Zr Ino4r3 and SignaT• I i. I i i i I City Council - Intormal Session October 2, 1989 Page 5 P. RECOMMENDATION OF COUNCIL RECOMMENI TURNING RADII BE PE NAPLES AVENUE AND OF SCOTT'S SECOND I See %dove item 0. O. RESOLUTION APPPnVIN Schmelser stated 104-unit,/dstaff ap ment building Is proposed on the east side of Capitol Street. hmeisea plan map of the proposed project. Kubby noted that Council ha raiseconcerns about the parking regulations as they relate to high-rise dev pmelser stated the plan does comply with all the requirements of the Ci Coff is recommending approval. In response to Kubby, Schmelser noted hall be approximately $570 plus utilities for two- bedroom apartmentsandilities for one -bedroom apartments. Schmelser stated the Planning & ZVr N Commission is recommending to provide short-term parking in front o} the gh It building on South Capitol Street and Prentiss Street. Schmelser recomme ed that Council refer the Planning & Zoning Commission's recommendation to he Traffic gIr to review and advise the Council Horowitz at parkin be considered-Lafayette�treet-betweerrEast-Capitol-and-Olinton streets Kubby aised concerns tha the City would be displacing parking used by the current renter In the area. Kubby su Bested Council should hold off on the decisions regarding tering until decisions are ade regarding development south of Burlington Street, R. RECOMMENDATIONnFTNFPreurainlr_r / See above item 0. See above Item O. \ on In � pa�ca anAter ecn�ea� area. Ae alter'P bet i L. 601 and cl;14, a11J a_<AJ 41V_ di� 4 look a-4 49ri.s area Zr Ino4r3 and SignaT• I i. I I a L I' ' j i, \ City Council - Informal Session October 2, 1989 Page 6 i See above item Q. Horowitz asked if statements should be removed from the agenda comment, deleting "short-term (30 -minute)" and "to accommodate the loading and unloading needs of the high-rise multi -family residential development proposed at 600 South Capitol Street.0 Schmeiser stated that "short-term (30 -minute)" should be deleted. Schmeiser stated minutes of the Planning i£ Zoning Commission will be checked for correctness. In response to Kubby, Schmeiser stated there will be curb cuts for the underground parking. FORMAL AGENDA ITEM NO. 11 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS: Reel 89-55, Side 1 McDonald stated that the Design Review Committee has recommended to eliminate provision for ambulatory vendors except in cases of special events and festivals. Cain presented Information regarding this recommendation. Cain stated that ambulatory vendors have not been used much and have not been successful and the Design Review Committee has suggested not having ambulatory permits for a season, but permit them for special events. In response to Balmer, Cain stated that presently there are no particular criteria except that they be ambulatory and there are no restrictions regarding what can be sold. Courtney noted that the Sweets & Treats vendor seemed to work extremely well. Cain stated others have not been successful. McDonald stated there have been other complaints. In response to Courtney, Cain stated the In-house committee composed of the City Manager and staff would decide on the ambulatory permits based on whether or not it contributes to the goals of the City Plaza Ordinance. HOUSING POLICY: Reel 89-55, Side 1 Atkins stated Council received his September 8, 1989, Housing Policy memorandum. Atkins presented Information regarding the proposed Housing Policy. Atkins stated that the housing survey work and data and the successful expansion of the housing certificate and voucher program were elements that influenced the preparation of the Housing Policy recommendation. Atkins stated the Comprehensive Plan process was a critical element. Atkins explained that one element of the comprehensive planning process was that the policy was thought of as a physical process - related to land use, when in fact the plan Itself presents all kinds of other community standards, including recommended policies for human services, economic development, transportation and housing. Atkins stated that with changes occurring at the Federal level, it is becoming clear that housing needed to be a priority. Atkins raised concerns about the fragmented community policy the City has toward housing. Atkins stated the community policy regarding housing and social support services Is compartmentalized - there are very well-run programs, but it has been difficult to bring it all together. Atkins emphasized that housing Issues cut across all socio-economic boundaries in our community. f i. i i s i I � i, \ City Council - Informal Session October 2, 1989 Page 6 i See above item Q. Horowitz asked if statements should be removed from the agenda comment, deleting "short-term (30 -minute)" and "to accommodate the loading and unloading needs of the high-rise multi -family residential development proposed at 600 South Capitol Street.0 Schmeiser stated that "short-term (30 -minute)" should be deleted. Schmeiser stated minutes of the Planning i£ Zoning Commission will be checked for correctness. In response to Kubby, Schmeiser stated there will be curb cuts for the underground parking. FORMAL AGENDA ITEM NO. 11 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS: Reel 89-55, Side 1 McDonald stated that the Design Review Committee has recommended to eliminate provision for ambulatory vendors except in cases of special events and festivals. Cain presented Information regarding this recommendation. Cain stated that ambulatory vendors have not been used much and have not been successful and the Design Review Committee has suggested not having ambulatory permits for a season, but permit them for special events. In response to Balmer, Cain stated that presently there are no particular criteria except that they be ambulatory and there are no restrictions regarding what can be sold. Courtney noted that the Sweets & Treats vendor seemed to work extremely well. Cain stated others have not been successful. McDonald stated there have been other complaints. In response to Courtney, Cain stated the In-house committee composed of the City Manager and staff would decide on the ambulatory permits based on whether or not it contributes to the goals of the City Plaza Ordinance. HOUSING POLICY: Reel 89-55, Side 1 Atkins stated Council received his September 8, 1989, Housing Policy memorandum. Atkins presented Information regarding the proposed Housing Policy. Atkins stated that the housing survey work and data and the successful expansion of the housing certificate and voucher program were elements that influenced the preparation of the Housing Policy recommendation. Atkins stated the Comprehensive Plan process was a critical element. Atkins explained that one element of the comprehensive planning process was that the policy was thought of as a physical process - related to land use, when in fact the plan Itself presents all kinds of other community standards, including recommended policies for human services, economic development, transportation and housing. Atkins stated that with changes occurring at the Federal level, it is becoming clear that housing needed to be a priority. Atkins raised concerns about the fragmented community policy the City has toward housing. Atkins stated the community policy regarding housing and social support services Is compartmentalized - there are very well-run programs, but it has been difficult to bring it all together. Atkins emphasized that housing Issues cut across all socio-economic boundaries in our community. f i. i I � !I .1 ,L r, II r II: It 'I L , i i i i I i I i City Council - Informal Session October 2, 1989 Page 7 Atkins stated that staff has been reviewing research done by the Ford Foundation regarding affordable housing. Atkins stated the expense for housing has been growing at a faster rate than all other consumer goods and services. Atkins said a question is how best do we go about meeting the comprehensive policy needs in our community as expressed in the Comprehensive Plan. Atkins stated it will take a significant amount of time to address the issues as outlined in his memo. Atkins noted that his memo lists eight major categories of housing policy Issues that are worth pursuing, Ambrisco stated that the creation of an affordable housing task force should be pursued. Atkins stated the purpose of a task force would be to bring together all the elements that influence the housing decisions. Ambrisco asked if affordable housing would mean amending the present standards, such as changing lot sizes or eliminating sidewalks. Atkins stated that someone entering the housing market should enjoy the quality of housing construction that now exists based upon the rules and regulations that have been established. Atkins stated he is not convinced that the community has looked at all the trade-offs regarding establishing affordable housing. Ambrisco asked if the City is locked into certain minimum standards by national and federal standards that would continue the health and safety of the community. Atkins stated staff has looked at modular construction that would meet Code and has also talked about changes in lot size and using carports versus garages, Ambrisco noted that some projects such as row houses have used common walls. Kubby stated low -Income persons should be included on the housing task force. Atkins stated there has to be a nucleus of people that represent the ability to generate the resources, including land developers, bankers, home builders representatives, United Way, Planning & Zoning, real estate community, social service providers, religious community, and senior citizens. Larson stated average citizens should be Included. Balmer endorsed the concept of establishing a task force. Atkins noted that a task force will allow the City a leadership role in housing. Larson noted that the national government will be doing some things related to housing on a local level. McDonald stated there is Council Interest in aggressively pursuing the proposal. Atkins suggested that area communities should be contacted. Horowitz stated that the East Central Iowa Council of Governments is dealing with the Housing Policy. Kubby stated that housing in the rental market should also be considered. Courtney Inquired about Sycamore View. Atkins responded that staff hopes to pursue Sycamore View more actively after getting additional policy direction. Atkins explained that staff is unable to put together a policy to market that housing at the price to attract the low and moderate Income families. Atkins explained the marketing was restricted to a low-income family, first-time home buyer that would also be eligible for rehab funds. Council discussed marketing of that house. Council directed staff to pursue the Housing Policy as outlined. Atkins stated the next step will be to prepare a generalized policy statement and to establish the task force. Atkins stated members of the task force will need to be educated with Information relating to housing in the community. Horowitz stated she will present Information relating to housing on a regional point of view. Courtney noted that there are bond Issues from the Iowa Housing Financial Authority for single-family mortgage revenue. Atkins stated the Director of the Iowa Housing Financial Authority is located in the Iowa City area. { { i I k ;r I �r I' j II �; { { i t k ;r I City Council - Informal Session October 2, 1989 Page 8 I COUNCIL TIME/AGENDA: Reel 89.55, Side 2 1. Horowitz announced that Craig Sonksen, Executive Director of East Central Iowa Council of Governments, has resigned. 2. (Agenda Item No. 13 - Agreement between Howard R. Green Company and the City of (' Iowa City to provide operation and maintenance manuals for the City's wastewater j facilities.) Horowitz Inquired about the resolution authorizing the agreement for the Howard R. Green Company. Atkins explained that the agreement with the Stanley ; Ii Company provided for additional services and those additional services could be undertaken with Stanley through negotiation of a fee. Atkins stated staff was unable , I to come up with an agreement with Stanley and got a better price from the Howard R. Green Company. Atkins noted total cost of the manuals was previously budgeted I. for. . APPOINTMENTS: Reel 89.55; Side 2 i r _ Rlverfront Commission - re -appoint D. Roger Bruner and Loren Horton. EXECUTIVE SESSION: Reel 89-55, Side 2 Moved by Courtney, seconded by Ambrisco, to discuss strategies with Council in matters that v are presently In litigation or where litigation is imminent where its disclosure would be likely to �.i. prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to Executive Session at 7:25 p.m. , 1 I • I I i Y { I � I OFFICIAL COUNCIL ACTIONS - 10/3/89 The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication Is S Iowa City Council, rag. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Counciimembers. present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Mayor proclaimed October 8.14, 1989 as FIRE PREVENTION WEEK; October 13.21 as ALPHA PHI OMEGA SERVICE WEEK; October 15, 1989 as WHITE CANE SAFETY DAY; October 1989 as LUPUS AWARENESS MONTH; October 1-7,1989 as MENTAL ILLNESS AWARENESS WEEK The Mayor Introduced. City Inspector Steve Fags, Vice President of the Iowa Association of Housing Officials (IAHO) who presented a membership plaque to Housing and Inspec- tion Services Dlrector Doug Boothroy and the City of Iowa City for the City's leadership and dedication to IAHO over the past eight years. Moved and seconded, that the following hems and recommendations In the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 9/19/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City Council Rules Comm. - 9/19; CCN Comm. - 9/19; Design Review Comm. - 9/21; Mayor's Youth Employment Bd. - 7/18; Airport Comm. - 8/15; Human Rights Comm. - 8/28; Police and Fire Retirement System Bds. - joint mtg. 8/29; PBZ Comm. - 9/21. Permit Motions: Class C Beer Permit for Central Pharmacy Center, 701 E. Davenport Street. Class E Beer Permit for Kwik Shop #567, 820 First Avenue. Class B Beer Permit for Pizza Hut, 1921 Keokuk Street Outdoor Service Area application for R.T.'s, 826 S. Clinton Street. Class C Liquor License for Iowa City Yacht Club, 13 S. Unn Street. Liquor license refund for The Polo Club, 313 S. Dubuque. Class C Liquor License for The Hilltop Lounge, 1100 N. Dodge Street Class B Beer Permit for Rocky Rococo, .1540. First Avenue. Class C Liquor License for Mama's, 5 S. Dubuque Street. Class B Beer Permit for New Life Fitness World, 2220 Mormon Trek. Class B Beer. Permit for Mazzlo's Pizza, 1950 Lower Muscatine. Motions: Approving disbursements in the amount of $5,721,753.76 for the period of. 8/1 lhru 8/31/89, as recommended by the Finance Director, subject to audit. Resolutions: RES. 89.235, ACCEPTING THE WORK FOR STORM SEWER FOR ROCHESTER HEIGHTS SUBDIVISION, PHASE 1. Setting Public Hearings: To set a public hearing for 10/17, to amend the Iowa City Housing Code 10 require the designation and registration of a local agent by condominium associations and absentee landlords. To reset a public hearing for 10/17, on the Intent to enter Into a longterm lease with Neighborhood Centers of Johnson County Iowa, In conjunction with the operation of a i i i i , i I I 3 i 1 i i f ii i I i i _ I i , � � I OFFICIAL COUNCIL ACTIONS - 10/3/89 The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication Is S Iowa City Council, rag. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Counciimembers. present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Mayor proclaimed October 8.14, 1989 as FIRE PREVENTION WEEK; October 13.21 as ALPHA PHI OMEGA SERVICE WEEK; October 15, 1989 as WHITE CANE SAFETY DAY; October 1989 as LUPUS AWARENESS MONTH; October 1-7,1989 as MENTAL ILLNESS AWARENESS WEEK The Mayor Introduced. City Inspector Steve Fags, Vice President of the Iowa Association of Housing Officials (IAHO) who presented a membership plaque to Housing and Inspec- tion Services Dlrector Doug Boothroy and the City of Iowa City for the City's leadership and dedication to IAHO over the past eight years. Moved and seconded, that the following hems and recommendations In the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 9/19/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City Council Rules Comm. - 9/19; CCN Comm. - 9/19; Design Review Comm. - 9/21; Mayor's Youth Employment Bd. - 7/18; Airport Comm. - 8/15; Human Rights Comm. - 8/28; Police and Fire Retirement System Bds. - joint mtg. 8/29; PBZ Comm. - 9/21. Permit Motions: Class C Beer Permit for Central Pharmacy Center, 701 E. Davenport Street. Class E Beer Permit for Kwik Shop #567, 820 First Avenue. Class B Beer Permit for Pizza Hut, 1921 Keokuk Street Outdoor Service Area application for R.T.'s, 826 S. Clinton Street. Class C Liquor License for Iowa City Yacht Club, 13 S. Unn Street. Liquor license refund for The Polo Club, 313 S. Dubuque. Class C Liquor License for The Hilltop Lounge, 1100 N. Dodge Street Class B Beer Permit for Rocky Rococo, .1540. First Avenue. Class C Liquor License for Mama's, 5 S. Dubuque Street. Class B Beer Permit for New Life Fitness World, 2220 Mormon Trek. Class B Beer. Permit for Mazzlo's Pizza, 1950 Lower Muscatine. Motions: Approving disbursements in the amount of $5,721,753.76 for the period of. 8/1 lhru 8/31/89, as recommended by the Finance Director, subject to audit. Resolutions: RES. 89.235, ACCEPTING THE WORK FOR STORM SEWER FOR ROCHESTER HEIGHTS SUBDIVISION, PHASE 1. Setting Public Hearings: To set a public hearing for 10/17, to amend the Iowa City Housing Code 10 require the designation and registration of a local agent by condominium associations and absentee landlords. To reset a public hearing for 10/17, on the Intent to enter Into a longterm lease with Neighborhood Centers of Johnson County Iowa, In conjunction with the operation of a neighborhood center. Correspondence: John Cruise, representing Terry P. Huh, owner of the new 56-unft apartment building at 630 South Capitol, requesting permission to Install a canopy eAending from the building entrance to the street. Petition signed by 23 property owners on Mayfield Road request. I i i i i , i 3 i 1 i I Ij I� neighborhood center. Correspondence: John Cruise, representing Terry P. Huh, owner of the new 56-unft apartment building at 630 South Capitol, requesting permission to Install a canopy eAending from the building entrance to the street. Petition signed by 23 property owners on Mayfield Road request. I Ij r j t q B neighborhood center. Correspondence: John Cruise, representing Terry P. Huh, owner of the new 56-unft apartment building at 630 South Capitol, requesting permission to Install a canopy eAending from the building entrance to the street. Petition signed by 23 property owners on Mayfield Road request. I Official Actions October 3, 19M Page 2 Ing parking on one side only on their street Memo from the Traffic Engineer regarding parking prohibition on the north side of McLean Street at its Intersection with Ellis Avenue. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to set up a table on City Plaza from which to distribute literature and offer crafts for donations during the period of 9/20 through 10/1, approved. Sherry Ann Henley for permission to set up a table on City Plaza on 9/22, from which to distribute literature on recycling In the homes, approved. Applications for Use of Streets and Public Grounds: Raymond Halloway for permission to picket In from of Emma Goldman Clinic during the period 10/1 through 6/89, approved. Emma Goldman Clinic for permission to distribute literature from the public sidewalk during the period 9/23 through 30/89, approved. Iowa City Road Races for permission to have the 13th Annual Hospice. Road Races on 10/29, approved. Joe Merchant to have the D.O.C. Dash on 9/29, approved, Defenders for Lire. for permission to picket In from of Emma Goldman Clinic during the period of 10/9.14/89, approved. Pro -Ufa Action Committee of Dubuque, Iowa, for permission to picket In from of Emma Goldman Clinic during the period of 10/9- 14189, denied. The Mayor declared the motion carried. Moved and seconded, to set a public hearing for 10/24, on an ordinance to rezone a 120 acre tract of land generally located In the 2600 block of Rochester Avenue, north of Rochester Avenue, and south of the north branch of Ralston Creek from ID -RS to RS -5. The Mayor declared the motion carded. A public hearing was hold on an ordinance to amend the Zoning Ordinance by changing the use regulations of certain property zoned at 615 East Jefferson Street from RNG-20 to CO -1. Dr. Peter Wallace appeared and asked for expedited action on this rezoning.. -. 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 first consideration and vote be waived and the second consideration be given at this time. The. Mayor declared the motion Carded, Moved and seconded, that the ordinance amending the Zoning Ordinance by changing the use regulations of certain Property` located at 615 East Jefferson Street from RNC -20 to CO -1, be given second vote for passage. The Mayor declared the motion carded, A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property In northwest Iowa City, generally located northeast of U.S. Highway 218 and west of Camp Cardinal Road from to. ORP to ID -RS. A public hearing was held on an ordinance amending the Zoning Ordinance by conditionally, changing the use regula- tions of a 7.966 acre tract of land generally located south of Verdure Avenue and north or BJaysville Lane on North Dubu- que Street (Old Highway 218) from PDH -12 to RS -5. 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 Melly passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor i i i i i i s . I i i j i - Official Actions October 3, 19M Page 2 Ing parking on one side only on their street Memo from the Traffic Engineer regarding parking prohibition on the north side of McLean Street at its Intersection with Ellis Avenue. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to set up a table on City Plaza from which to distribute literature and offer crafts for donations during the period of 9/20 through 10/1, approved. Sherry Ann Henley for permission to set up a table on City Plaza on 9/22, from which to distribute literature on recycling In the homes, approved. Applications for Use of Streets and Public Grounds: Raymond Halloway for permission to picket In from of Emma Goldman Clinic during the period 10/1 through 6/89, approved. Emma Goldman Clinic for permission to distribute literature from the public sidewalk during the period 9/23 through 30/89, approved. Iowa City Road Races for permission to have the 13th Annual Hospice. Road Races on 10/29, approved. Joe Merchant to have the D.O.C. Dash on 9/29, approved, Defenders for Lire. for permission to picket In from of Emma Goldman Clinic during the period of 10/9.14/89, approved. Pro -Ufa Action Committee of Dubuque, Iowa, for permission to picket In from of Emma Goldman Clinic during the period of 10/9- 14189, denied. The Mayor declared the motion carried. Moved and seconded, to set a public hearing for 10/24, on an ordinance to rezone a 120 acre tract of land generally located In the 2600 block of Rochester Avenue, north of Rochester Avenue, and south of the north branch of Ralston Creek from ID -RS to RS -5. The Mayor declared the motion carded. A public hearing was hold on an ordinance to amend the Zoning Ordinance by changing the use regulations of certain property zoned at 615 East Jefferson Street from RNG-20 to CO -1. Dr. Peter Wallace appeared and asked for expedited action on this rezoning.. -. 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 first consideration and vote be waived and the second consideration be given at this time. The. Mayor declared the motion Carded, Moved and seconded, that the ordinance amending the Zoning Ordinance by changing the use regulations of certain Property` located at 615 East Jefferson Street from RNC -20 to CO -1, be given second vote for passage. The Mayor declared the motion carded, A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property In northwest Iowa City, generally located northeast of U.S. Highway 218 and west of Camp Cardinal Road from to. ORP to ID -RS. A public hearing was held on an ordinance amending the Zoning Ordinance by conditionally, changing the use regula- tions of a 7.966 acre tract of land generally located south of Verdure Avenue and north or BJaysville Lane on North Dubu- que Street (Old Highway 218) from PDH -12 to RS -5. 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 Melly passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor i i i i i r j i - t I i'r i i 0 `I , i 1 Official Actions October 3, 1989 Page 3 declared the motion carded. Moved and seconded, that the ordinance amending the Zoning Ordinance by conditionally changing the use regulations of a 7.966 acre trap of land South of Ventura Avenue and north of generally Laneoadn North Dubuque Street (Old Highway 218) from PDH -12 to RSS, be given second vote for passage. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend the Zoning Ordinance regulations of the Neighborhood Commer- cial, CNd Zone. A public hearing was hold on an ordinance to amend the Zoning Ordinance to define variety stores. A public hearing was held on an ordinance to vacate Olympic Circle west of Boyrum Street Mored 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 finely passed be suspended, the first consideration and vote be waived and the second consideration be given al this time. The Mayor declared the motion carried. Mored and seconded, that the ordinance to vacate Olympic Circle west of Boyrum Street, be given second vote for passage. The Mayor declared the motion carried. - A public hearing was held on a resolution authorizing conveyance of a portion of the vacated alley In Block 47, Iowa City, Iowa, the east -west alley between Mercy Hospital and Gilbert Street Atty. Dan Boyle, representing Marcy Hospital, appeared. Moved and seconded, to adopt RES. 89.236, INTENT TO CONVEY TO SOUTHGATE DEVELOPMENT COMPANY THE VACATED OLYMPIC STREET RIGHT.OF-WAY AND SET A PUBUC HEARING FOR 10/17, ON THE CONVEYANCE. Moved and seconded, to adopt RES. 89.237, INTENT TO CONVEY TO SUSAN JAECOUES, ELSIE VITOSH, AND DAVID GOSS A PORTION OF THE VACATED ALLEY BETWEEN J STREET AND THE IOWA INTERSTATE RAIL UNE WEST OF FIRST AVENUE AND. SET A PUBLIC HEARING FOR 10117, ON THE CONVEYANCE. - Moved and seconded, to adopt RES. 89.238, APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART THREE, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Moved and seconded, to adopt RES. 89.239, APPROV- ING THE PRELIMINARY PIAT OF SCOTT'S SECOND ADDI. TION, A SUBDIVISION OF JOHNSON COUNTY, IOWA Moved and seconded, to accept the letter from Jana Wessel The Mayor declared the motion cabled. - Moved and seconded, to approve the recommendation of the PQ Commission that the Cly Council recommend to Johnson County that the widest allowable turning radll be permitted at the intersection of Highway 1 and Naples Avenue and the entrance drive to Lot 1 of Scott's Second Addition, The Mayor declared the motion carded. Moved and seconded, to adopt RES, 89440, APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR CAPITOL VIEW APARTMENTS, TWO. Moved and seconded, to refer the recommendation of the PdZ Commission that shod-lorm metered parking be Instituted on the east side of Capitol Street adjacent to the high-rise multi -family residential developments at 600 and 630 S. Capitol Street, to the Traffic Engineer. The Mayor declared the motion carded. "M r , j i Ii '1 I I Official Actions October 3, 1989 Page 4 Moved and seconded, to accept and refer the recom- mendatbn of the P&Z Commission to shift parking on the south side of Premiss Skeet between Cllmon and Capitol Streets, to the north side of the skeet, to the Tragic Engineer. The Mayor declared the motion carried. Moved and seconded, to refer the recommendation of the P8Z Commission that short -tens metered parking be Instituted on the north side of Prentiss Street between Clinton and Capitol Streets, to the Traffic Engineer. The Mayor declared the motion canted. Jackie Johnson, 2018 Waterfront Dr., appeared Indicating her dissatisfaction with the policy of the Animal Shelter regarding ferrets. Councilmember Larson stated he was unaware that the group had not received word of the Animal Advisory Committee meeting regarding this matter, and said the Council is willing to ask the chairperson of the Commitee to hold another meeting to allow the group an opportunity to discuss this. Ms. Johnson presented a list of group sugges- dons and announced the formation of the Eastern Iowa Ferret Assoc.. Carolyn Kohler, 3040 Sweetbriar Ave., Kristin Lein, 621 Walnut, Dr. Jean Fitzgerald, Box 121-RL1, and Lynn Vermace, Box 2928, presented additional Information. At Axeen, Animal Advisory Committee Chairperson, stated the Committee had set 10118 as a tentative date. Council stated that no action would be taken regarding ferrets currently housed at the Shelter until after the Committee meets again and reports back to Council. Axesn stated there would be no problem with that proposal as long as Council was aware that If any shelter personnel was bitten by a ferret during that time, the ferret would be destroyed and a brain cross-section done to be checked for rabies. The Mayor requested that the City Clerk act as a contact person between the Committee and newly formed Eastern Iowa Ferret Assoc. to Insure everyone was Informed as to the meeting time and location. Rita Edwards, representing the Iowa City Care Center, asked that Council consider annexing them Into the City as they are In need of water, sewer, and fire protection. The mater was referred to the Planning Department Moved and seconded, that the correspondence from Ms. Edwards be accepted. The Mayor declared the motion carried. The Mayor announced the folic,+ng vacancy: Senior Center Commission - one vacancy for an unexpired term ending 12/31/91. This appointment will be made at the 11/14, Council meeting. Moved and seconded, to re-appointD. Roger Bruner, 3016 Raven Street and Loren Horton, 3367 Hanover CL, to the Rlverkont Commission for three-yearterms ending 12/1/92 The Mayor declared the motion carded. The Mayor noted therecommendation from the City Council Rules Committee that the proposed by-laws as presented by the Design Review Commitee be adopted. Staffinember Pat Caln stated that t was Important that the Committee establish by-laws and that they would be coming back to Council with changes after the Committee had an opportunity to address certain issues. Moved and seconded, to approve the recommendation of the City Council Rules Committee that the Council adopt a policy that arty Council. member who utilizes City Stationery for correspondence purposes copy the Council, and that arty correspondence that Infers to reflect the entire mood of the entire Council be signed by the Mayor. 4 1 I I If .I I. { p I Official Actions October 3, 1989 Page 5 Moved and seconded, that the recommendation of the Design Review Committee that the City Plaza Ordinance be revised to eliminate provisions for ambulatory vendors except In cases of special events and festivals, be referred to City staff to prepare an Ordinance amendment. The Mayor declared the motion carded. Recommendation of the Committee on Community Needs that the 1990.1992 Community Development Plan be adopted, noted. Moved and seconded, to adopt RES. 89-241, ADOPTION OF BY-LAWS FOR THE IOWA CITY DESIGN REVIEW COM- MITTEE Moved and seconded, to adopt RES. 69.242, AUTHORIZ- ING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPNAY OF CEDAR RAPIDS, IOWA AND THE CITY OF IOWA CITY TO PROVIDE OPERATION AND MAINTENANCE MANUALS FOR THE CITYS WASTEWATER FACILITIES. Moved and seconded, to adopt RES. 89.243, ADOPTING THE 1990-92 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMMUNITY DEVELOPMENT PLAN TO BE USED AS A POLICY GUIDE FOR ALLOCATING CDBG FUNDS AND AUTHORIZING THE CITY MANAGER TO CERTIFY THAT THE CITY OF IOWA. CITY HAS DEVELOPED A COMMUNITY DEVELOPMENT PLAN. Moved and seconded, to adopt RES. 89444, AWARDING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND. ATTEST, RESPECTIVELY, THE CONTRACT FOR ASBESTOS ABATEMENT, CIVIC CEN. TER/POLICE AND FIRE DEPARTMENTS ASBESTOS ABATE- MENT PROJECT. . Moved and seconded, to adjourn 9:50 p.m. The Mayor declared the motion carded. i i f , I '. i. 1,. i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES October 3, 1989 Iowa City Council, reg, mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. i Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. f- Absent: None. Staffmembers present: Atkins, Halling, Timmins, Karr, Schmeiser, Boren, Cain, Schmadeke. Council minutes tape recorded on Tape 89-54, Side r 2, END-1; 89.56, Side 1, 1- END, Side 2, END-1. 1 - The Mayor proclaimed October 8-14, 1989 as FIRE PREVENTION WEEK; October 13- } 21 as ALPHA PHI OMEGA SERVICE WEEK, October 15, 1989 as WHITE CANE SAFETY DAY; 7 October 1989 as LUPUS AWARENESS MONTH; October 1-7, 1989 as MENTAL ILLNESS AWARENESS WEEK. ! f! j ! _ The Mayor introduced City Inspector Steve Page, Vice President of the Iowa Association of Housing Officials QAHO) who presented a membership - plaque to Housing and Inspection Services Director Doug Boothroy and the City of Iowa City for the City's leadership and f.. dedication to IAHO over the past eight years. i I` I Moved by Ambrisco, seconded by Horowitz, that the followin items and recommenda- tionsl 9 in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 9/19/89, as published, subject to correction, as recommended by the City Clerk. = i Minutes of Boards and Commissions: City Council Rules Comm. - 9/19/89; CCN Comm. - 9/19/89; Design Review Comm. iyI i i - 9/21/89; Mayor's Youth Employment Bd, - R 7/18/89; Airport Comm. - 8/15/89; Human Rights Co Police and Fire Retirement System Bds. - joint mtg. 8/29/89; P&Z Comm, - 9/21/89.9 Permit Motions: Approving a Class C Beer Permit for Kermit Shaker dba Central Pharmacy Center, 701 E. Davenport Street, Approving a Class E Beer Permit for Kwik Shop, Inc, dba Kwik Shop #567, 820 First Avenue. Approving a Class B Beer Permit for Pizza Hut of America, Inca dba Pizza Hut, 1921 Keokuk Street. Approving an Outdoor Service Area application for R.T. Grunt's, Inc. dba R.T.'s, 826 S. Clinton Street. Approving a Class C Uquor License for Iowa City Yacht Club, Inc. dba Iowa City Yacht Club, 13 S. Unn Street. Approving a Uquor License refund for Rose and Crown, Inc. dba The Polo Club, 313 S. Dubuque. Approving a Class C Liquor License for Hilltop ! Tavern Ltd. dba The Hilltop Lounge, 1100 N. Dodge Street. Approving a Class B Beer Permit for Pan Style Pizza Corporation of Iowa dba Rocky Rococo, 1540 First Avenue, Approving a Class C Uquor License for Baja, Inc, dba Mama's, 5 S. Dubuque Street. Approving a Class BBeer Permit for New Ufa Fitness World, Inc, dba New Life Fitness World, 2220 Mormon Trek. Approving a Class B Beer Permit for LTL Restaurants, Inc. dba Mazzlo's Pizza, 1950 Lower Muscatine. Motions: Approving disbursements in the amount of $5,721,753.76 for the period of 8/1 thru 8/31/89, as recommended by the Finance Director, subject to audit. I •r � a 9 j ! , I i. t j Council Activities October 3, 1989 Page 2 Resolutions: RES, 89-235, Bk. 102, P. 235, ACCEPTING THE WORK FOR STORM SEWER FOR ROCHESTER HEIGHTS SUBDIVISION, PHASE 1, Setting Public Hearings: To set a public hearing for 10/17/89, to amend the Iowa City Housing Code to require the designation and registration of a local agent by condominium associations and absentee landlords. To reset a public hearing for 10/17/89, on the Intent to enter into a long-term lease with Neighborhood Centers of Johnson County, Iowa, in conjunction with the operation of a neighborhood centar. Correspondence: John Cruise, representing Terry P. Huff, owner of the new 56 -unit apartment building at 630 South Capitol, requesting permission to install a canopy extending from the building entrance to the street. Petition signed by 23 property owners on Mayfield Road requesting parking on one side only on their street. Memo from the Traffic Engineer regarding parking prohibition on the north side of McLean Street at its Intersection with Ellis Avenue. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to set up a table on City Plaza from which to distribute literature and offer crafts for donations during the period of 9/20 through 10/1/89, approved. Sherry Ann Henley for permission to set up a table on City Plaza on 9/22/89, from which to distribute literature on recycling in the homes, approved. Applications for Use of Streets and Public Grounds: Raymond Halloway for permission to picket in front of Emma Goldman Clinic during the period 10/1 through 6/89, approved. Emma Goldman Clinic for permission to distribute literature from the public sidewalk during the period 9/23 through 30/89, approved. Iowa City Road Races for permission to have the 13th Annual Hospice Road Races on 10/29/89, approved. Joe Merchant to have the D.O.C. Dash on 9/29/89, approved. Defenders for Life for permission to picket in front of Emma Goldman Clinic during the period of 10/9-14/89, approved. Pro -Life Action Committee of Dubuque, Iowa, for permission to picket in front of Emma Goldman Clinic during the period of 10/9.14/89, denied. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 10/24/89, on an ordinance to rezone a 12.0 acre tract of land generally located in the 2600 block of Rochester Avenue, north of Rochester Avenue, and south of the north branch of Ralston Creek from ID - RS to RS -5 (S&M Properties). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an ordinance to amend the Zoning Ordinance by changing the use regulations of certain property zoned at 615 East Jefferson Street from RNC - 20 to CO -1 (Pediatric Associates). Dr. Peter Wallace appeared and asked for expedited action on this rezoning, noting they would like to start construction prior to winter. i t I' �I (I l a Council Activities October 3, 1989 Page 3 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 Ambrisco, that the ordinance amending the Zoning Ordinance by changing the use regulations of certain property located at 615 East Jefferson Street from RNC -20 to CO - 1, be given second vote for passage. Horowitz stated her Intent to vote in favor of this but stated her distress over the chain of events that affected this property. She noted that the staff memo did not Include parts of the chain, stating that after Council originally denied the rezoning for the parcel it was sold to Pediatric Associates from the bank and that Pediatric Associates tore the house down. Horowitz said she felt strongly that the house could have been rehabilitated and could have been saved. The Comprehensive Plan was changed and Horowitz stated she supported the change since the house was no longer there and would vole in favor of the rezoning but considered it a dangerous precedent. Kubby noted shehad also voted for the Comprehensive Plan but would not vote for the rezoning as she had concerns regarding trading housing stock for parking lots. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: Kubby. A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property in northwest Iowa City, generally located northeast of U.S. Highway 218 and west of Camp Cardinal Road from ID -ORP to ID -RS (Deer Creek). No one appeared. IA public hearing was held on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of a 7.966 acre tract of land generally located south of Ventura Avenue and north of Bjaysville Lane on North Dubuque Street (Old Highway 218) I from PDH -12 to RS -5 (Meadow Ridge). No one appeared. Moved by Balmer, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried, Balmer commented that several factors are involved In waiving the readings on an ordinance. He noted that one factor Is the time of the year, building season. Planning and Zoning had reviewed this application and recommended approval. Horowitz said this particular developer had been before Planning and Zoning quite a long time and had gone the extra mile to get approval. Moved by Balmer, seconded by Ambrisco, that the ordinance amending the Zoning Ordinance by conditionally changing the use regulations of a 7.966 acre tract of land generally located south of Ventura Avenue and north of Bjaysville Lane on North Dubuque Street (Old Highway 218) from PDH - 12 to RS -5 (Meadow Ridge), be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Amended 10-17-89 i I I i i I �I I 'j i Amended 10-17-89 i I I i i I �I I 'j i i �I I, ! I II ' . is I i i i I �I I 'j i i vi i Council Activities October 3, 1989 Page 3 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 spended, the first consideration and vote be waived and the second consideration �e.given t this time, Affirmative roll call vote unanimous, 7/0, all Councilmembers press � The ayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance amending the Zoning Ordinance by changing the use regulations of certain property lob ted at 615 East efferson Street from RNC -20 to CO - 1, be given second vote for. eassage, orowitz state her intent to vote in favor of this but stated her distress over the chain of even that affect d this property. She noted that the staff memo did not Include parts of the chain, statin that atter ouncil originally denied the rezoning for the parcel it was sold to Pediat c sociates fro the bank and that Pediatric Associate tore the house down. Horowitz sa she felt stro gly that the house could have been reha ilitated and could have een save . e Comp hensive Plan was changed and Horowitz s ted she supported the hangs nce a hou was no longer there and would vote in favo of the rezoning but considered it a dan ero s precedent. Kubby 9 ted she had also Voted for the Com rehensive Pl) n but would t vote for the rezonin as/she had concerns regar�ing trading housing st k for park ots. The Mayor declared�(`he motion carried, 6/1, with the following divlslor)�o roil callvote- Ayes: Larson, McDon d, Ambrisco, Balmer, Courtney,�H\rowitz. Nays; iKubb� \Ing A public hearing was heldon an dinance athe Zo ng Ordinance by changing the use regulations of certain �prop�rty in northwest Iowa C' , generally located northeast of U.S. Highway,210 and wet of Camp Cardinal Road from1D-ORP to ID -RS (Deer Creek). No one appeared \/ �' A public hearing w held on an ordinan a amending tH@ Zoning Ordinance by conditionally changing,the use r gulations of a 7.966 re tract of [and\�g9enerally located south of Ventura Avenue and north/,6f Lane on No h Dubuque St/ t (Old Highway 218) from PDH -12 to RS-�5 (Meadow Ridge). No one appear d. \\ Moved by Balmpf, seconded by Horowitz, that th rule requirin ordinances to be considered and voted�on for passage at two Council meet gs prior to th meeting at which It Is to be finally passed be suspends , the first considerat n and vote b waived and the second consideration be given at this tir Council; � bb rs present, The Mayor de\h several f cctors re Involved in waiving the is the t)me o the year, building season. F and reborn ended approval. Horowitz said and Zoninb quite along time and had gone secondld by Ambrisco, that the ordinanGa changing the use regulations of a 7.966/¢c Avenue and north of Bjaysville Lane o Nc Affirmative rok call vote un nimous, 7/0, all the motion carkled. Balmer ommented that gs on an ordinance. He noted1that one factor ing and Zoning had reviewed this application particular developA had been before Planning extra mile to get approval. Moved by Balmer, ding the Zoning Ordinance by conditionally aN of land generally located south of Ventura )u que Street (Old Highway 218) from PDH - 12 to RS -5 (Meadow Ridge), be give second vo @ for passage. Affirmative roll call vote unanimous, 7/0, all Council members resent. The Mayor declared the motion carried. �r .,1 Council Activities October 3, 1989 Page 3 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 spended, the first consideration and vote be waived and the second consideration �e.given t this time, Affirmative roll call vote unanimous, 7/0, all Councilmembers press � The ayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance amending the Zoning Ordinance by changing the use regulations of certain property lob ted at 615 East efferson Street from RNC -20 to CO - 1, be given second vote for. eassage, orowitz state her intent to vote in favor of this but stated her distress over the chain of even that affect d this property. She noted that the staff memo did not Include parts of the chain, statin that atter ouncil originally denied the rezoning for the parcel it was sold to Pediat c sociates fro the bank and that Pediatric Associate tore the house down. Horowitz sa she felt stro gly that the house could have been reha ilitated and could have een save . e Comp hensive Plan was changed and Horowitz s ted she supported the hangs nce a hou was no longer there and would vote in favo of the rezoning but considered it a dan ero s precedent. Kubby 9 ted she had also Voted for the Com rehensive Pl) n but would t vote for the rezonin as/she had concerns regar�ing trading housing st k for park ots. The Mayor declared�(`he motion carried, 6/1, with the following divlslor)�o roil callvote- Ayes: Larson, McDon d, Ambrisco, Balmer, Courtney,�H\rowitz. Nays; iKubb� \Ing A public hearing was heldon an dinance athe Zo ng Ordinance by changing the use regulations of certain �prop�rty in northwest Iowa C' , generally located northeast of U.S. Highway,210 and wet of Camp Cardinal Road from1D-ORP to ID -RS (Deer Creek). No one appeared \/ �' A public hearing w held on an ordinan a amending tH@ Zoning Ordinance by conditionally changing,the use r gulations of a 7.966 re tract of [and\�g9enerally located south of Ventura Avenue and north/,6f Lane on No h Dubuque St/ t (Old Highway 218) from PDH -12 to RS-�5 (Meadow Ridge). No one appear d. \\ Moved by Balmpf, seconded by Horowitz, that th rule requirin ordinances to be considered and voted�on for passage at two Council meet gs prior to th meeting at which It Is to be finally passed be suspends , the first considerat n and vote b waived and the second consideration be given at this tir Council; � bb rs present, The Mayor de\h several f cctors re Involved in waiving the is the t)me o the year, building season. F and reborn ended approval. Horowitz said and Zoninb quite along time and had gone secondld by Ambrisco, that the ordinanGa changing the use regulations of a 7.966/¢c Avenue and north of Bjaysville Lane o Nc Affirmative rok call vote un nimous, 7/0, all the motion carkled. Balmer ommented that gs on an ordinance. He noted1that one factor ing and Zoning had reviewed this application particular developA had been before Planning extra mile to get approval. Moved by Balmer, ding the Zoning Ordinance by conditionally aN of land generally located south of Ventura )u que Street (Old Highway 218) from PDH - 12 to RS -5 (Meadow Ridge), be give second vo @ for passage. Affirmative roll call vote unanimous, 7/0, all Council members resent. The Mayor declared the motion carried. �r .,1 " Council Activities October 3, 1989 Page 4 A public hearing was held on an ordinance to amend the Zoning Ordinance regulations of the Neighborhood Commercial, CN -1 Zone. No one appeared. Kubby noted previous informal discussion on 10/2 regarding the deletion of living space from the proposed ordinance and that Council would be discussing it later. A public hearing was held on an ordinance to amend the Zoning Ordinance to define variety stores. No one appeared. A public hearing was held on an ordinance to vacate Olympic Circle west of Boyrum Street. No one appeared, Moved by Balmer, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote. unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance to vacate Olympic Circle west of Boyrum Street, be , given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing conveyance of a portion of the vacated alley in Block 47, Iowa City, Iowa, the east -west alley between Mercy Hospital and Gilbert Street. Atty. Dan Boyle, representing Mercy Hospital, appeared to reassure Council that Mercy is aware that the alley is subject to an easement and that the City is aware of Mercy's Intentions for the alley which will require relocation of the sanitary and storm water lines. He stated it is his client's intent to request the City to vacate that easement in exchange for new easements. Moved by Courtney, seconded by Balmer, to adopt RES. 89-236, Bk. 102, p. 236, INTENT TO CONVEY TO SOUTHGATE DEVELOPMENT COMPANY THE VACATED OLYMPIC STREET RIGHT-OF-WAYAND SETA PUBLIC HEARING FOR 10/17/89, ON THE CONVEYANCE. Larson noted the developer gave the land to the City a couple of years ago and that the developer has changed development plans and could use the street back. He stated the developer has recommended that the land be swapped for a couple of acres of wooded land. Larson applauded the developer noting this could be a win-win situation for both parties. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES, 89.237, Bk. 102, p. 237, INTENT TO CONVEY TO SUSAN JAECQUES, ELSIE VITOSH, AND DAVID GOSS A PORTION OF THE VACATED ALLEY BETWEEN J STREET AND THE IOWA INTERSTATE RAIL LINE WEST OF FIRST AVENUE AND SET A PUBLIC HEARING FOR 10/17/89, ON THE CONVEYANCE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. 1 " Council Activities October 3, 1989 Page 4 A public hearing was held on an ordinance to amend the Zoning Ordinance regulations of the Neighborhood Commercial, CN -1 Zone. No one appeared. Kubby noted previous informal discussion on 10/2 regarding the deletion of living space from the proposed ordinance and that Council would be discussing it later. A public hearing was held on an ordinance to amend the Zoning Ordinance to define variety stores. No one appeared. A public hearing was held on an ordinance to vacate Olympic Circle west of Boyrum Street. No one appeared, Moved by Balmer, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote. unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance to vacate Olympic Circle west of Boyrum Street, be , given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing conveyance of a portion of the vacated alley in Block 47, Iowa City, Iowa, the east -west alley between Mercy Hospital and Gilbert Street. Atty. Dan Boyle, representing Mercy Hospital, appeared to reassure Council that Mercy is aware that the alley is subject to an easement and that the City is aware of Mercy's Intentions for the alley which will require relocation of the sanitary and storm water lines. He stated it is his client's intent to request the City to vacate that easement in exchange for new easements. Moved by Courtney, seconded by Balmer, to adopt RES. 89-236, Bk. 102, p. 236, INTENT TO CONVEY TO SOUTHGATE DEVELOPMENT COMPANY THE VACATED OLYMPIC STREET RIGHT-OF-WAYAND SETA PUBLIC HEARING FOR 10/17/89, ON THE CONVEYANCE. Larson noted the developer gave the land to the City a couple of years ago and that the developer has changed development plans and could use the street back. He stated the developer has recommended that the land be swapped for a couple of acres of wooded land. Larson applauded the developer noting this could be a win-win situation for both parties. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES, 89.237, Bk. 102, p. 237, INTENT TO CONVEY TO SUSAN JAECQUES, ELSIE VITOSH, AND DAVID GOSS A PORTION OF THE VACATED ALLEY BETWEEN J STREET AND THE IOWA INTERSTATE RAIL LINE WEST OF FIRST AVENUE AND SET A PUBLIC HEARING FOR 10/17/89, ON THE CONVEYANCE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Council Activities October 3, 1989 Page 5 Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-238, Bk. 102, p, 238, APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART THREE, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Kubby noted she had voted against the development in the preliminary approval stages because of a concern regarding secondary access. Horowitz said the proposal does include the addition of an emergency breakaway access. Larson noted that as more lots develop a secondary access would have to be put In. PPD Director Schmelser said that reflectionized ballards have been added to the emergency breakaway secondary point of access that were not included in the preliminary plat. Larson stated that the preliminary plat approval was not subject to deficiencies and was approved the way it is presented at this time. The Mayor declared the motion carried, 6/1, with the following division of roll vote: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz, Nays: Kubby. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-239, Bk. 102, p. 239, APPROVING THE PRELIMINARY PLAT OF SCOTT'S SECOND ADDITION, A SUBDIVISION OF JOHNSON COUNTY, IOWA.- Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Ambrisco, to accept the letter from Jana Wessel. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present Moved by Balmer, seconded by Ambrisco, to approve the recommendation of the P&Z Commission that the City Council recommend to Johnson County that the widest allowable turning radii be permitted at the Intersection of Highway 1 and Naples Avenue and the entrance drive to Lot 1 of Scott's Second Addition. Horowitz noted that the turn off for this development Is right before the highway divides and stated she hoped it would be designed in such a manner that trucks will not have to sway Into the lett lane to make a right turn. She noted that the City can only advise the County on this request. Larson stated that the City did not have Input into kinds of pavement but just wanted to alert the County of these concerns prior to review of design standards for the project. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Larson, seconded by Horowitz, to adopt RES. 89-240, Bk. 102, p. 240, APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR CAPITOL VIEW APARTMENTS, TWO. Larson noted that the development would Increase the density in that area but felt it was a plus for the community if and only if Council goes ahead with the proposal from the City Manager to look at the district south of Burlington Street and the Impact on parking. Horowitz noted the impact Is being felt in that area in terms of traffic going in and out. Kubby said she was confused with parking regulations not being good for that area versus revising what is happening to that area, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to refer the recommendation of the P&Z Commission that short-term metered parking be Instituted on the east side of Capitol Street adjacent to the high-rise multi -family residential developments at 600 and 630 S. Capitol Street, to the Traffic Engineer. Kubby stated that her favorable vote to refer this matter to the Traffic Engr. did not indicate her agreement with the recommendation. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Amended 10-17-89 Council Activities October 3, 1989 Page 5 Moved by Ambrisco, seconded by Courtney, to adopt RES. 89.238, Bk. 102, p. 238, APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART THREE, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Kubby noted she had voted against the development in the preliminary approval stages because of a concern regarding secondary access. Horowitz said the proposal does Include the addition of an emergency breakaway access. Larson noted that as more lots develop a secondary access would have to be put in. PPD Director Schmelser said that reflectionized ballards have been added to the emergency breakaway secondary point of access that were of Included in the preliminary plat. Larson stated that the preliminary plat approval was not subJ to deficiencies and was approved the way It Is presented at this time. The Mayor declared th otion carried, 6/1, with the following division of roll vote: Ayes: Larson, McDonald, Ambrisc Balmer, Courtney, Horowitz. Na)s: bby. Moved by Ambrisco, se nded by Courtney, to adopt R . 89-239, Bk. 102, p. 239, APPROVING THE PRELIMINARY T OF SCOTT'S SECOND DITION, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Aifir tive roll call vote unani ous, 7/0, all Councilmembers present. The Mayor declared the solution adopted. oved by Larson, seconded by Ambrisco, to accept the letter from Ja all Wessel The ayor declared the motion carried j unanimously, 7/0, all Councilmembers pr ent. Moved by Balmer, seconded by Ambr co, to pprove the recommendation of the P&Z Commission that the City Council recommen to ohnson County that the widest allowable turning radii be permitted at the Intersection of Hi way 1 and Naples Avenue and the entrance drive to Lot 1 of Scott's Second Addition. Hor I oted that the turn off for this development Is right before the highway divides and sta d she hoped it would be designed in such a manner that trucks will not have to sway in the left la a to make a right turn. She noted that the City can only advise the County on t s request. L son stated that the City did not have input Into kinds of pavement but just nted to alert th County of these concerns prior to review of design standards for th project. The M or declared the motioncarried unanimously, 7/0, all Councilmembe present. Moved by Larson, secon ed by Horowitz, to adopt ES. 89-240, Bk. 102, p. 240, APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR A'ITOL VIEW APARTMENTS, . Larson noted that the development would increase he density in that area but felt it we a plus for the community if and only if Councli goo ahead with the proposal from the Cl Manager to look at the district south of Burlin Street and the Impact on parking. Horo itz noted the impact is being felt in that area in arms of traffic going in and out. Kubby said\dla'red as confused with parking regulations no sing good for that area versus revising what Isening to that area. Affirmative roll call vo unanimous, 7/0, Horowitz absent. The Mayor the resolution adopted. Moved by Balmer, seconded by Horowitz, to refer the recommendation of the P&Z Commission th short-term metered parking be Instituted on the east side of Capitol Street adjacent to th igh-rise multl-famlly residential developments at 600 and 630 S. Capitol Street, to the Traffic ngineer. Kubby stated that her favorable vote to refer this matter to the Traffic Engr, did n t indicate her agreement with the recommendation. The Mayor declared the motion car ed unanimously, 7/0, all Councilmembers present, i 1 i Council Activities October 3, 1989 Page 5 Moved by Ambrisco, seconded by Courtney, to adopt RES. 89.238, Bk. 102, p. 238, APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART THREE, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Kubby noted she had voted against the development in the preliminary approval stages because of a concern regarding secondary access. Horowitz said the proposal does Include the addition of an emergency breakaway access. Larson noted that as more lots develop a secondary access would have to be put in. PPD Director Schmelser said that reflectionized ballards have been added to the emergency breakaway secondary point of access that were of Included in the preliminary plat. Larson stated that the preliminary plat approval was not subJ to deficiencies and was approved the way It Is presented at this time. The Mayor declared th otion carried, 6/1, with the following division of roll vote: Ayes: Larson, McDonald, Ambrisc Balmer, Courtney, Horowitz. Na)s: bby. Moved by Ambrisco, se nded by Courtney, to adopt R . 89-239, Bk. 102, p. 239, APPROVING THE PRELIMINARY T OF SCOTT'S SECOND DITION, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Aifir tive roll call vote unani ous, 7/0, all Councilmembers present. The Mayor declared the solution adopted. oved by Larson, seconded by Ambrisco, to accept the letter from Ja all Wessel The ayor declared the motion carried j unanimously, 7/0, all Councilmembers pr ent. Moved by Balmer, seconded by Ambr co, to pprove the recommendation of the P&Z Commission that the City Council recommen to ohnson County that the widest allowable turning radii be permitted at the Intersection of Hi way 1 and Naples Avenue and the entrance drive to Lot 1 of Scott's Second Addition. Hor I oted that the turn off for this development Is right before the highway divides and sta d she hoped it would be designed in such a manner that trucks will not have to sway in the left la a to make a right turn. She noted that the City can only advise the County on t s request. L son stated that the City did not have input Into kinds of pavement but just nted to alert th County of these concerns prior to review of design standards for th project. The M or declared the motioncarried unanimously, 7/0, all Councilmembe present. Moved by Larson, secon ed by Horowitz, to adopt ES. 89-240, Bk. 102, p. 240, APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR A'ITOL VIEW APARTMENTS, . Larson noted that the development would increase he density in that area but felt it we a plus for the community if and only if Councli goo ahead with the proposal from the Cl Manager to look at the district south of Burlin Street and the Impact on parking. Horo itz noted the impact is being felt in that area in arms of traffic going in and out. Kubby said\dla'red as confused with parking regulations no sing good for that area versus revising what Isening to that area. Affirmative roll call vo unanimous, 7/0, Horowitz absent. The Mayor the resolution adopted. Moved by Balmer, seconded by Horowitz, to refer the recommendation of the P&Z Commission th short-term metered parking be Instituted on the east side of Capitol Street adjacent to th igh-rise multl-famlly residential developments at 600 and 630 S. Capitol Street, to the Traffic ngineer. Kubby stated that her favorable vote to refer this matter to the Traffic Engr, did n t indicate her agreement with the recommendation. The Mayor declared the motion car ed unanimously, 7/0, all Councilmembers present, : , Council Activities October 3, 1989 Page 6 Moved by Horowitz, seconded by Courtney, to accept and refer the recommendation of the P&Z Commission to shift parking on the south side of Prentiss Street between Clinton and Capitol Streets, to the north side of the street, to the Traffic Engineer, The Mayor declared the motion carried unanimously, 7/0, all Councllmembers present. Moved by Balmer, seconded by Larson, to refer the recommendation of the P&Z Commission that short-term metered parking be Instituted on the north side of Prentiss Street between Clinton and Capitol Streets, to the Traffic Engineer. The Mayor declared the motion carried unanimously, 7/0, all Counciimembers present. Jackie Johnson, 2018 Waterfront Dr., appeared Indicating her dissatisfaction with the policy of the Animal Shelter regarding ferrets. Councilmember Larson stated he was unaware that the group had not received word of the Animal Advisory Committee meeting regarding this matter, and said the Council is willing to ask the chairperson of the Committee to hold another meeting to allow the group an opportunity to discuss this. Ms. Johnson presented a list of group suggestions and announced the formation of the Eastern Iowa Ferret Assoc. Carolyn Kohler, 3040 Sweetbrier Ave., presented Information regarding the inclusion of ferrets into the petting zoo at Brookfield Zoo in Chicago and encouraged letting children handle ferrets. Kristin Lein, 621 Walnut, presented information from a book regarding ferrets as domesticated animals. Dr. Jean Fitzgerald, Box 121-Rt.1, asked for a firm commitment from Council that the group be allowed to present information to the Committee and asked when and where the next meeting would be. At Axeen, Animal Advisory Committee Chairperson, stated the Committee had set 10/18 as a tentative date but not all members had been contacted yet. He stated the Committee did receive Dr. Fitzgerald's letter and did review it prior to making their recommend- ation. Council stated that no action would be taken regarding ferrets currently housed at the Shelter until after the Committee meets again and reports back to Council. Axeen stated there would be no problem with that proposal as long as Council was aware that If any shelter personnel was bitten by a ferret during that time, the ferret would be destroyed and a brain cross-section done to be checked for rabies. The Mayor requested that the City Clerk act as a contact person between the Committee and newly formed Eastern Iowa Ferret Assoc. to insure everyone was Informed as to the meeting time and location. Balmer agreed that another meeting should take place but stressed his Intention to go by the recommendation of this advisory panel, whatever it may be, and indicated his feeling that this Issue should be in the hand of this advisory body. Lynn Vermace, Box 2928, reported statistics regarding ferrets housed at the shelter and asked that the group be allowed to sign a hold harmless agreement to allow members to handle the strays. Council requested that no action be taken on this request until after the recommendation is received from the Committee, and reassured the group that the ferrets would not be destroyed until after the recommendation is accepted by Council. Courtney asked that the Committee and staffs of both municipalities examine the procedure as he had concerns regarding a recommendation from a Joint committee being reviewed by two separate councils, He stated that the recommendation should not have to come back to Council if already approved through a point committee. Jackie Johnson asked If the ferrets could be exercised on a regular basis by a member of the group. The request was denied because the ferrets are in public custody. Rita Edwards, representing the Iowa City Care Center, asked that Council consider annexing them Into the City as they are In need of water, sewer, and fire protection, The matter was referred to the Planning Department, - 1 it II "; 1/ l Council Activities October 3, 1989 Page 7 Moved by Larson, seconded by Horowitz, that the correspondence from Ms. Edwards be accepted. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. The Mayor announced the following vacancy: Senior Center Commission - one vacancy for an unexpired term ending 12/31/91. This appointment will be made at the 11/14/89, Council meeting. Moved by Ambrisco, seconded by Horowitz, to re -appoint D. Roger Bruner, 3016 Raven Street and Loren Horton, 3367 Hanover Ct., to the Riverfront Commission for three-year terms ending 12/1/92. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Courtney noted a recent letter to the editor in the Press -Citizen regarding housing discrimination and asked what avenues people had who wished to follow-up. The City Manager explained that Individuals could pursue such claims through HUD or through the. City's Human Rights Ordinance, noting that our ordinance was stronger than the HUD regulations. Courtney asked that information be distributed through our Leased Housing Program. Courtney announced that the Convention and Visitors Bureau had hired a new Executive Director, Wendy Roe, and urged everyone to stop by during a reception in her honor on 10/12. Horowitz reminded everyone that Saturday, 10/14, is Toxic Clean -Up Day in Iowa City and encouraged everyone to participate. Any questions should be addressed to the Johnson County Health Department. Kubby noted the event was due to the persistence of the Health Department and Environmental Advocates. Horowitz said the League of Women Voters will sponsor a legislative forum at the Senior Center from 5:00 to 7:30 on 10/4. Ambrisco noted a recent speech by University President Hunter Rawlings concerning a more pedestrian campus and questioned if the proposal Involved the closing of the Iowa Avenue bridge. McDonald stated the proposal did not Include closing the bridge and that speech centered around long range goals and a general overview of Ideas. He felt the City would have an ample opportunity to discuss these ideas with the University. The City Manager stated that a joint committee has not been formulated to date but that the Fire Department and Public Works Department had reviewed the proposal. Larson praised the efforts of staff and the owners of the Cliff Apartments on continuing to address the problem of erosion behind the apartments. Larson stated he was Impressed with their plans and noted that the completion of their plans will not be hindered by the end of the construction season. Kubby noted the success of the recycling program within the City offices and urged the University to get Involved. The Mayor noted the recommendation from the City Council Rules Committee that the proposed by-laws as presented by the Design Review Committee be adopted. Staffinember Patt Cain stated that it was Important that the Committee establish by-laws and that they would be coming back to Council with changes after the Committee had an opportunity to address certain Issues. One Item that will be looked at would be the question of indefinite terms of members. Moved by Ambriso, seconded by Horowitz, to approve the recommendation of the City Council Rules Committee that the Council adopt a policy that any Councilmember who utilizes City Stationery for correspondence purposes copy the Council, and that any correspondence that Infers to reflect the entire mood of the entire Council be signed by the Mayor. I` II - I. i f ii Council Activities October 3, 1989 Page 8 Moved by Balmer, seconded by Larson, that the recommendation of the Design Review Committee that the City Plaza Ordinance be revised to eliminate provisions for ambulatory vendors except in cases of special events and festivals, be referred to City staff to prepare an ordinance amendment. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Recommendation of the Committee on Community Needs that the 1990-1992 Community Development Plan be adopted, noted. Moved by Courtney, seconded by Ambrisco, to adopt RES. 89.241, Bk. 102, p. 241, ADOPTION OF BY-LAWS FOR THE IOWA CITY DESIGN REVIEW COMMITTEE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-242, Bk. 102, p. 242, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPANY OF CEDAR RAPIDS, IOWA AND THE CITY OF IOWA CITY TO PROVIDE OPERATION AND MAINTENANCE MANUALS FOR THE CITY'S WASTEWATER FACILITIES. Horowitz noted previous discussion at Council's informal session regarding the contract recently awarded to Stanley Consultants and questioned liability relative to the manuals, She noted that according to the City contract with Stanley, Stanley has the right to approve operations manuals. Horowitz commented on Stanley's Insurance and liability and questioned the separate liability attached to the manual and instruction. Public Works Dir. Schmadeke agreed that the liability for the manuals and Instructions would not be with Stanley and stated that the contract with Stanley did not Include the operations manuals, but did cover start-up language. He added that funds for the manual were budgeted Into the overall sewer budget, Atfirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-243, Bk. 102, p. 243, ADOPTING THE 1990-92 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMMUNITY DEVELOPMENT PLAN TO BE USED AS A POLICY GUIDE FOR ALLOCATING CDBG FUNDS AND AUTHORIZING THE CITY MANAGER TO CERTIFY THAT THE CITY OF IOWA CITY HAS DEVELOPED A COMMUNITY DEVELOPMENT PLAN. Council applauded the work of the Committee on Community Needs (CCN). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-244, Bk. 102, p. 244, AWARDING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THE CONTRACT FOR ASBESTOS ABATEMENT, CIVIC CENTERIPOLICE AND FIRE DEPARTMENTS ASBESTOS ABATEMENT PROJECT, to Mid -Iowa Insulation Corporation for $14,187. Asst, City Manager Halling reported that seven bids had been received and noted that the City estimate for the project was $25,000 and low bid was 57% below estimate. Larson noted that a number of estimates for City projects have been off by a considerable margin and asked staff to prepare a memo about the process explaining why they are so widely ranged. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the resolution adopted. Amended 10-17-89 S 1: t Council Activities October 3, 1989 Page 8 Moved by Balmer, seconded by Larson, that the recommendation of the Design Review Committee that the City Plaza Ordinance be revised to eliminate provisions for ambulatory vendors except in cases of special events and festivals, be referred to City staff to prepare an ordinance amendment. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Recommendation of the Committee on Community Needs that the 1990-1992 Community Development Plan be adopted, noted. Moved by Courtney, seconded by Ambrisco, to adopt RES. 89.241, Bk. 102, p. 241, ADOPTION OF BY-LAWS FOR THE IOWA CITY DESIGN REVIEW COMMITTEE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-242, Bk. 102, p. 242, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPANY OF CEDAR RAPIDS, IOWA AND THE CITY OF IOWA CITY TO PROVIDE OPERATION AND MAINTENANCE MANUALS FOR THE CITY'S WASTEWATER FACILITIES. Horowitz noted previous discussion at Council's informal session regarding the contract recently awarded to Stanley Consultants and questioned liability relative to the manuals, She noted that according to the City contract with Stanley, Stanley has the right to approve operations manuals. Horowitz commented on Stanley's Insurance and liability and questioned the separate liability attached to the manual and instruction. Public Works Dir. Schmadeke agreed that the liability for the manuals and Instructions would not be with Stanley and stated that the contract with Stanley did not Include the operations manuals, but did cover start-up language. He added that funds for the manual were budgeted Into the overall sewer budget, Atfirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-243, Bk. 102, p. 243, ADOPTING THE 1990-92 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMMUNITY DEVELOPMENT PLAN TO BE USED AS A POLICY GUIDE FOR ALLOCATING CDBG FUNDS AND AUTHORIZING THE CITY MANAGER TO CERTIFY THAT THE CITY OF IOWA CITY HAS DEVELOPED A COMMUNITY DEVELOPMENT PLAN. Council applauded the work of the Committee on Community Needs (CCN). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-244, Bk. 102, p. 244, AWARDING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THE CONTRACT FOR ASBESTOS ABATEMENT, CIVIC CENTERIPOLICE AND FIRE DEPARTMENTS ASBESTOS ABATEMENT PROJECT, to Mid -Iowa Insulation Corporation for $14,187. Asst, City Manager Halling reported that seven bids had been received and noted that the City estimate for the project was $25,000 and low bid was 57% below estimate. Larson noted that a number of estimates for City projects have been off by a considerable margin and asked staff to prepare a memo about the process explaining why they are so widely ranged. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the resolution adopted. Amended 10-17-89 Council Activities October 3, 1989 Page 8 Moved by Balmer, seconded by Larson, that the recommendation of the Design Review Committee that the City Plaza Ordinance be revised to eliminate provisions for ambulatory vendors except in cases of special events and festivals, be referred to City staff to prepare an ordinance amendment The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present Recommendation of Community Development Pla Moved by Courtney, s ADOPTION OF BY-LAWS FOR call vote unanimous, 7/0, all adopted. . the Committee on Community Needs that the 1990-1992 be adopted, noted. ed by Ambrisco, to adopt RES. 89.241, Bk. 102, p. 241, IOWA CITY DESIGN REVIEW COMMITTEE. Affirmative roll cilmembers present. The/Mayor declared the resolution Moved by Ambrisco, seconde by AUTHORIZING THE MAYOR TO SIGN NI BETWEEN HOWARD R. GREEN COMP IOWA CITY TO PROVIDE OPERATION WASTEWATER FACILITIES. Horowitz note regarding the contract recently awarded Schmadeke stated that the contract with did cover start-up language. He stated f sewer budget. Affirmative roll call vot u Mayor declared the resolution adopt Horowitz, to dopt RES. 89-242, Bk. 102, p. 242, ) THE C CLERK TO ATTEST AN AGREEMENT Y OF C AR RAPIDS, IOWA AND THE CITY OF D M ENANCE MANUALS FOR THE CITY'S r sous discussion at Council's informal session t Stanley Consultants, Public Works Director n y did not Include the operations manual, but Ids Ns, the manual were budgeted into the overall ianimQus, 7/0, all Councilmembers present. The Moved by Ambrisco, seco ded by Horowitz, t ADOPTING THE 1990-92 7EBIESED NITY DEVELOPME DEVELOPMENT PLAN TO AS A POLICY GUIAND AUTHORIZING THE ANAGER TO CERTIFYDEVELOPED A COMMUVELOPMENT PLAN. Committee on Commugfs (CCN). Affirmative Councilmembers presept The Mayor declared the resol )pt RES. 89-243, Bk. 102, p, 243, )CK GRANT (CDBG) COMMUNITY FOR ALLOCATING CDBG FUNDS AT THE CITY OF IOWA CITY HAS tr�unci) applauded the work of the ,1 call vote unanimous, 7/0, all Moved by A brisco, seconded by Balmer, to adopt R 89-244, Bk. 102, p. 244, AWARDING ANDA HORIZING AND DIRECTING THE MAYOR AN CIN CLERK TO EXECUTE AND ATTEST, SPECTfVELY, THE CONTRACT FOR ASBES PS ABATEMENT, CIVIC CENTER/POLIC AND FIRE DEPARTMENTS ASBESTOS ABATEME PROJECT, to Mid -Iowa Insulation Corp ration for $14,187. Asst. City Manager Halling reportd that seven bids had been receive end noted that the City estimate for the project was $25,000 and low bid was 57% below a timate. Larson noted that a number of estimates for City p�oJeots have been off by a consttable margin and asked staff to prepare a memo about the process explaining why they a so widely ranged. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. �he Mayor declared the resolution adopted. °A. Council Activities October 3, 1989 Page 9 Moved by Horowitz, seconded by Courtney, to adjourn 9:50 p.m. The Mayor declared the motion carried unanimously, 7/0all Counciimembers reset. y, p n r ^ , JOHN MCDONALD, MAYOR ` MARIAN K. KARR, CI1Y CLERK ' r `}� {rti 1 I ung 1 �l • 1 r I•TYk 4t lVI l tl .l f All f 1 I COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES October 17, 1989 Iowa City Council, reg. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Staffmembers present: Atkins, Halling, Timmins, Karr, Vitosh, Eisenhofer, Schmeiser, Boothroy. Council minutes tape recorded on Tape 89-58, Sides 1 and 2; 89-59, Side 1, 1-337. The Mayor proclaimed October 24, 1989 as UNITED NATIONS DAY. } The Mayor presented a Certified Public Purchasing Officer Certificate to Catharine Eisenhofer, Purchasing Agent for the City of Iowa City, noting there were only 650 CCPO's in 4 the country. The Mayor noted corrected minutes of the Council informal of 10/2 and formal of 10/3 as distributed. Moved by Balmer, seconded by Ambrisco, that the following Items and recommendations in the Consent Calendar be received, or approved, and/or adopted as ! presented: Approval of Official Actions of the regular meeting of 10/3/89, as published, iEiEJ ` subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. - 9/20/89; Bd. of Examiners of. Plumbers - 7/27/89;. Bd. of Adjustment - 9/13/89; Ed. of Library Trustees - 9/28/89; Rlverfront Comm. - 9/20/89; P&Z Comm. - 10/5/89; Broadband Telecomm. Comm. - 9/20/89; Sr. Center Comm. - 8/14/89. II Permit Motions: Approving a Class C Beer Permit for Inland Transport Co. dba I 1 Kirkwood 76, 300 Kirkwood Avenue. Approving a Class C Beer Permit for Deli Mart I ' Corp, dba Deli Mart 525 Highway 1 West. Approving a Class C Liquor License for La �I Casa, LTD. dba La Casa, LTD., 1200 S. Gilbert Ct. Approving a Class E Beer Permit „ for Eagle Food Centers, Inc. dba Eagle Food Center #157, 600 North Dodge Street. f Approving a Class E Beer Permit for Eagle Food Centers, Inc. dba Eagle Food Center j ' #220, 1101 South Riverside. IJ Motions: Approving disbursements in the amount of $5,898,811.39 for the period of 9/i thru 9/30/89, as recommended by the Finance Director, subject to audit. j Resolutions: RES. 89-245, Bk. 102, p. 245, ACCEPTING THE WORK FOR THE TRAFFIC SIGNALIZATION OF THE INTERSECTION OF DODGE STREET AND CHURCH STREET. i Correspondence: Memo from the Traffic Engineer regarding handicapped parking stall in the 800 block of South Second Avenue, Memo from the Civil Service Commission submitting certified lists of applicants for the followingpositions: Maintenance Worker I/iransit Division; Maintenance Worker I/Water Division. Memo from the Finance Department giving notice of Intent to purchase the following equipment: 1) medium duty cab and chassis, 2) one arterial bucket and platform body. ), This notice has been provided to the City of Coralville, Johnson County Bd of Supervisors, and the Iowa City Community School District, in accordance with state law. I I ,, I i Council Activities October 17, 1989 Page 2 Applications for Use of Streets and Public Grounds: Rachael iandred for permission to picket at 328 East Washington during the period of 10/2.6/89, approved. March of Dimes Birth Defects Foundation to have the March of Dimes Walk America on 5/6/90, approved. Regina Schools to have the Regina Homecoming Parade on 10/5/89, approved. Rachael IOndred for permission to picket on the public sidewalk in front of Old Capitol Mall on 10/9-13/89, approved. Applications for City Plaza Use Permits: Lynne Vermace for permission to set up a table on City Plaza from which to distribute literature and to collect signatures on a petition on 10/16-17/89, approved. Latin American Human Rights Advocacy Center to set up a table on City Plaza from which to distribute literature and offer crafts for donations during the period of 10/3-15/89, approved. Balmer noted the Parks & Rec, minutes and the reference made to meeting with Legal Department re putting some teeth in the present ordinance for posting of flyers in the downtown area. The City Attorney reported that some downtown establishments have been posting flyers everywhere and have been warned and prosecuted. He stated the issue is an enforcement one and legal will follow-up. Balmer also noted the Riverfront Comm. minutes and the reference made to $200,000 owed the Commission by the City. Balmer stated this matter has been brought up before and thought resolved and asked the City Manager to explore this` matter and report back to Council. Affirmative roll call vote unanimous, 7/0, all Councilmem- bars present, The Mayor declared the motion carried. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 10/24/89, on an ordinance to amend the Conditional Zoning Agreement for the First and Rochester, Part Three Subdivision. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 10/24/89; on an ordinance to vacate portions of Harrison and Unn Streets. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on a resolution authorizing conveyance of portions of a vacated alley between J Street and the Iowa Interstate Railroad, west of First Avenue. No one appeared. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-246, Bk. 102, p. 246, AUTHORIZING CONVEYANCE TO SUSAN JAECQUES, ELSIE VITOSH, AND DAVID GOSS OF A PORTION OF THE VACATED ALLEY BETWEEN J STREET AND THE IOWA INTERSTATE RAIL LINE WEST OF FIRST AVENUE, for $422, $487 and $503, respectively. Affirmative roll call vote unanimous, 7/0 all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, that the ordinance amending the Zoning Ordinance by changing the use regulations of certain property in northwest Iowa City, generally located northeast of U.S. Highway 218 and west of Camp Cardinal Road from ID -ORP to ID - RS, be given first vote for passage (Deer Creek), The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present, r i i i1 f> (ti .I Council Activities October 17, 1989 Page 3 Moved by Horowitz, seconded by Ambrisco, that the ordinance to amend Chapter 36- 18, the Zoning Ordinance Regulations for the Neighborhood Commercial, CN -1 Zone, to permit oifce and other uses in the zone, be given first vote for passage. Kubby questioned the process that would be required if a developer wished to put housing in the CN -1 zone. Horowitz explained that the developer would have to talk to Planning Department staff about their proposal and request that there be an amendment to the CN -1 zone provisions. The Mayor noted that the proposal would have to go to Planning and Zoning for their recommenda- tion and then to Council. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Courtney, that the ordinance to amend Chapter 36, The Zoning Ordinance, to define variety stores, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Balmer, that ORD. 89.3434, Bk. 31, p. 35, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 615 EAST JEFFERSON STREET FROM RNC -20 TO CO -1 (Pediatric Associates), be passed and adopted. Kubby stated that she would be voting against this ordinance as she is disturbed by the taking down of houses for parking lots, especially close to the downtown area. The Mayor declared the ordinance adopted, 6/1, on the following division of roll call vote: Ayes: f Courtney, Horowitz, Larson, McDonald, Ambrisco, Balmer. Nays: Kubby. Moved by Balmer, seconded by Courtney, that ORD. 69-3435, Bk. 31, p. 36, VACATE OLYMPIC CIRCLE WEST OF BOYRUM STREET, be passed and adopted. Larson clarified that the developer had originally given the street to the City and now, because of a major development proposed to be located over the street, wishes to exchange the street for a parcel next to a park. He complimented the developer for providing this service to the citizens and creating new jobs. Horowitz noted the development had proceeded prior to Council action at the risk of the developer who had agreed to move the development and re-establish the area if Council did not vole in favor of the proposal. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted, A public hearing was held on a resolution authorizing conveyance of the vacated right- of-way of Olympic Circle, to Southgate Development Company. No one appeared. Moved by Courtney, seconded by Ambrisco, to adopt RES. 89447, Bk. 102, p. 247, AUTHORIZING CONVEYANCE OF VACATED RIGHT-OF-WAY OF OLYMPIC CIRCLE, to Southgate Development Company. Council noted that the City would not be accepting the land abutting Napoleon Park as an exchange for this parcel until after staff had investigated the condition of the area. Affirmative roll nail vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-248, Bk. 102, p. 248, APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR LOTS 10, 11 AND 12 OF BLOCK 5AND LOT 1 OF BLOCK 6 OF A RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER PARTS 1 AND 2 AND VACATED OLYMPIC CIRCLE. Horowitz asked that the staff explore erecting a no parking sign before the Intersection of Southgate and Boyrum, Mace Braverman, developer/owner, said he had i _i I'. it II I; I } I Council Activities October 17, 1989 Page 4 contacted the Traffic Engr. requesting a recommendation and the possibility of at least no parking on one side of the street. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, that ORD. 89-3436, Bk. 31, p. 37, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN EIGHT ACRE TRACT OF LAND GENERALLY LOCATED SOUTH OF VENTURA AVENUE AND NORTH OF BJAYSVILLE LANE ON NORTH DUBUQUE STREET (OLD HIGHWAY 218) (MEADOW RIDGE) FROM PDH -12 to RS -5, be passed and adopted. Kubby raised questions regarding traffic concerns of residents at the corner of Dubuque and Foster. The Mayor stated that Council would have ample opportunity to discuss the whole traffic situation In that area of Iowa City in the near future. Horowitz noted an earlier staff report done on that area by JCCOG. In response to Kubby, PPD Director Schmelser stated that the street maintenance and waste disposal for the development would be provided by the City. Larson noted that this area is a beautiful area and that a development had been approved for the area a few years ago but that this rezoning would decrease the density. Horowitz said that the concern that the neighbors and the Spencers had expressed regarding driveways had been cleared up. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 89-249, Bk. A p. 249, APPROVING THE PRELIMINARY AND FINAL PLATS OF MEADOW RIDGE, A SUBDIVISION OF IOWA CITY. Balmer noted the memo from the Fire Chief recommending a wider street. The City Manager stated the development would include the width suggested by the Fire Chief. Horowitz stated the developer had gone the extra mile in maintaining environmental concerns but still wished the City had not recommended waiving the requirement for sidewalks in this development. Balmer said he felt this waiver would lower the cost of housing in the area. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Horowitz, to adopt RES. 89.250, Bk. 102, p. 250, APPROVING THE FINAL SUBDIVISION PLAT OF HIDDEN VALLEY SUBDIVISION OF JOHNSON COUNTY, IOWA. Michael Flanigan, 1801 Windsor Ct., presented a petition from 14 property owners in the area asking that they not be assessed for the cost of future sewer and street upgrades made necessary by the construction of this development, Mr. Flanigan indicated that he had been Informed by the Planning and Zoning Commission and legal counsel that the existing property owners would be assessed. The Mayor and Council said that was not current City policy to assess property owners for storm water requirements and other improvements. The City Manager stated the developer had the obligation to pay the cost for any damages during construction. PPD Director Schmeiser indicated that the Council always has the option under state code to assess although that had not been the City's policy on such matters. Mr. Flanigan expressed concerns regarding storm water drainage for the surrounding area. Schmeiser noted the memo from Asst. City Engr. Gannon stating that any damage to City facilities is the responsibility of the developer and further stating that there was an adequate drainage system being provided for the development. Dan Heal, developer of the project, appeared. Council again Informed Mr. Flanigan that the existing City policy is not to assess for street repairs. The City Atty, noted that in newer developments the responsibility for the maintenance of storm water detention basins is placed on either a home owners association or on the property owners owning land on which the basin is located, PPD Director 11� � t IJ I Council Activities Horowitz raised a question concerning the provision October 17, 1989 of stormwater management upstream from this subdivision. Page PPD Director Schmeiser indicated that stormwater from those upstream developments is allowed to pass thru ) Schmeiser said that was not the case with this basin. Larry Schnittjer, MMS Consultants, also Y appeared. VAffirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-251, Bk. 102, p. 251, APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR MERCY CENTRE MEDICAL BUILDING ON CENTRE MARKET. In response to Kubby, PPD Director Schmeiser Indicated that the building was more than 25 feet high, and that they had requested a special exception from the Bd. of Adjustment to reduce the 10 foot setback. 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. 89-252, Bk. 102, p. 252, AUTHORIZING CONVEYANCE OF A PORTION OF THE VACATED ALLEY IN BLOCK 47, IOWA CITY, IOWA, THE EAST -WEST ALLEY BETWEEN MERCY HOSPITAL AND GILBERT STREET, to Mercy Hospital. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The 1 Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to set a public hearing for 10/24/89 on an ordinance vacating an easement in Block 47, Iowa City, Iowa (Mercy HospitaQ. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Bud Gods, Senior Center Commissioner, updated Council on the Senior Center and i Invited Council to attend the volunteer recognition dinner on Monday evening, 10/23, at 5:00 p.m. A public hearing was held on an ordinance amending Chanter 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 operator/manager/agent empowered to represent a property owner(s) concerning compliance with the Iowa City Housing Code. No one appeared. Moved by Larson, second by Horowitz, 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 Iowa Johnson County and/or condominium associations to designate a local operator/manager/agent empowered to represent a property owner(s) concerning compliance with the Iowa City Housing Code, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on the intent to enter Into a long-term lease with Neighborhood Centers of Johnson County, Iowa, in conjunction with the operation of a neighborhood center. No one appeared. Moved by Ambrisco, seconded by Horowitz, to make the following appointments: re- appointment of Robert Carlson, 1122 Penkridge, to the Board of Appeals for a five-year term ending 12/31/94; re -appointment of James Alberhasky, 1906 Rochester Ct, for a two-year term ending 12/31/91 for a journeyman plumber and the appointment of Franklin Kilpatrick, 3025 Creighton St., for a two-year term ending 12131/91 as a representative of the public to the Bd. i i I i Council Activities October 17, 1989 Page 6 of Examiners of Plumbers; re -appointment of Jean Hood, 26 Rocky Shore Dr., to the Senior Center Commission for a three-year term ending 12/31/92; re -appointment of Grace Cooper, 600 W. Benton and Keith Ruff, 601 S. Gilbert, and the appointment of Mary Ann Dennis, 914 Fairchild, to the Committee On Community Needs for three-year terms ending 11/1/92; appointment of Paul Burian, 3 Georgetown Circle, to the Mayor's Youth Employment Bd. for a three-year term ending 12J30/92. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present, Councilmember Courtney acknowledged the letter received by Council from Michael Kennedy to Sgt. Widmer of the Police Department regarding neighborhood meetings and stated It was his Intent to expand this worthwhile program. Ambrisco noted long delays on major City streets because of the railroads, citing a recent 25 minute delay on the Hwy. 6 By -Pass, and asked if there was some way of alleviating the problem. He also questioned such delays in case of emergencies. The City Atty. stated that cities have the ability under state law to regulate certain crossings with a recent revision. Staff will report back. Ambrisco Informed the public of a presentation held on Council's informal session earlier In the evening from the Arts Committee of the Iowa City Chamber of Commerce relative to parcel 64-1a, and urged Council to pursue the matter. Balmer thanked Dale Halling and other city staff that had been meeting with the neighbors around Longfellow School regarding the closure of the alley east of the school. Balmer noted the correspondence from an individual on Westwinds Drive regarding no parking signs. The City Manager stated the matter had been referred to the Traffic Engr, for a recommendation. Balmer invited everyone to the homecoming open house at City High School, Sunday from 11:00 a.m, to 1:00 p.m. Larson acknowledged the compliments received by the Police Department; urged everyone to vote 11/7; and noted noise barriers constructed near Waterloo on 1-380. Kubby briefed Council on the success of the Toxic Waste Day held 10/14 and thanked volunteers for all their help; reported on the town summit on youth Issues held at Oakdale 10/14 and 10/15; distributed recycle buttons; and noted the invitation contained in BBTC minutes for a council demonstration of interactive programming. Staff will schedule the demonstration. McDonald stated that the agenda was now being prepared on recycled paper and asked that the analysis report of the transit system be furnished to CAMBUS and Coralville for their comments prior to Council discussion. The Mayor also acknowledged the work of Cable TV Production Assistant Don Bailey and stated he would be leaving the City for employment in New York, The City Manager reminded everyone of the upcoming Candidates Workshop scheduled 10/18 in Council Chambers and informed Council of an additional 46 housing assistance vouchers just received by the City. The vouchers reflect $200,000 a year on a five year commitment to provide for housing assistance aid. Recommendations of the Riverfront Commission noted as follows: (1) That the Iowa City area State legislators be contacted asking for reintroduction of legislation from last year requiring an agricultural setback from waterways to Improve water quality for municipalities such as Iowa City, which are dependent upon rivers as a source of water. Larson stated the proposed legislation was complicated due to the fact it takes land away from farmers but thus far does not outline how farmers are compensated for it. Horowitz urged citizens to contact their legislators and support the concept. Larson asked that the City review the proposed legislation prior to giving approval. Staff will forward text of the legislation to Council for review. (2) That the City Council accept the land adjacent to Napoleon Park in exchange for Olympic Circle as proposed by Myles Braverman of Southgate Development and to retain the land In i �I 1 ■ L Informal Council Session October 17, 1989 Informal Council Session: October 17, 1989, at 6:40 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers Present: Courtney, Horowitz, Ambrisco, McDonald, Balmer, Larson, Kubby. Staitmembers Present: Atkins, Halling, Karr, Timmins, Smith, Cain, Schmeiser. Tape-recorded: Reel 89.57 Side 1, 1-722, Side 2, 722-683. PROPOSED ARTS FACILITY FROM THE ARTS COMMITTEE OF THE IOWA CiTY AREA CHAMBER OF COMMERCE: Reel 89-57, Side 1 McDonald noted Council received the October 11th proposal from the Iowa City Area Chamber of Commerce regarding the proposed arts faci:tty from the Arts Committee. Karen Chappell and Deborah Burger, members of the Arts Committee, presented information about the proposed arts facility. Karen Chappell stated the Arts Committee was formed two and one- half years ago to work with arts in the Iowa City-Coralville area and is made up of a good cross-section of business community, arts community, University community, and local community. Chappell stated the Arts Committee established two priority items: 1) an annual arts festival, and 2) development of a central arts facility. Chappell noted the Arts Committee of the Chamber of Commerce has voted unanimously for the proposal, the proposal has been discussed by the Chamber of Commerce Board of Directors, and there is strong endorsement from the arts community. Chappell stated that the proposal and community support dovetails beautifully with the City's current discussions of the development of Parcel 64.1a and the downtown expansion south of Burlington Street. Chappell stated the Arts Committee requests the City Council give serious consideration to the development of an arts facility. Deborah Burger stated that a survey regarding the proposed arts facility was distributed to over. 80 organizations and the Arts Committee received response from 40 percent of the people surveyed. Burger stated there is an overwhelming interest for the proposed facility. Burger stated it has been proposed arts facility include a central ticket sales department; the City of Iowa City could market itself as a culturally and, artistically rich community; the arts facility could join other civic organizations such as the Recreation Center; and it is envisioned the facility would also serve as a rollover space for existing spaces such as the Rec Center and the Iowa City School District. Kubby asked if the old Press -Citizen building could be used for the proposed arts facility. Wallace Chappell stated the Press -Citizen building would be appropriate for visual arts; but did not have a large performance space. Horowitz asked If performance space could be located where the Press -Citizen presses are located. Wallace Chappell stated that area would be good for a TV studio and could accommodate 100-150 seats at most. He stated the arts facility could be used in combination with a business used as well as recreation. Horowitz inquired about display space. Chappell stated the arts facility should have a lobby -exhibition space. Horowitz Inquired about funding. Chappell staled that currently the proposed arts facility is a dream and the Arts Committee would like to meet with the City regarding how to proceed. Larson Inquired about the timetable for the project, Chappell stated the Arts Committee would like to work along with the City, needing the City's endorsement and wanting to be on the ground floor of the City's planning for south of Burlington Street. si 3 i 1 4 L Informal Council Session October 17, 1989 Informal Council Session: October 17, 1989, at 6:40 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers Present: Courtney, Horowitz, Ambrisco, McDonald, Balmer, Larson, Kubby. Staitmembers Present: Atkins, Halling, Karr, Timmins, Smith, Cain, Schmeiser. Tape-recorded: Reel 89.57 Side 1, 1-722, Side 2, 722-683. PROPOSED ARTS FACILITY FROM THE ARTS COMMITTEE OF THE IOWA CiTY AREA CHAMBER OF COMMERCE: Reel 89-57, Side 1 McDonald noted Council received the October 11th proposal from the Iowa City Area Chamber of Commerce regarding the proposed arts faci:tty from the Arts Committee. Karen Chappell and Deborah Burger, members of the Arts Committee, presented information about the proposed arts facility. Karen Chappell stated the Arts Committee was formed two and one- half years ago to work with arts in the Iowa City-Coralville area and is made up of a good cross-section of business community, arts community, University community, and local community. Chappell stated the Arts Committee established two priority items: 1) an annual arts festival, and 2) development of a central arts facility. Chappell noted the Arts Committee of the Chamber of Commerce has voted unanimously for the proposal, the proposal has been discussed by the Chamber of Commerce Board of Directors, and there is strong endorsement from the arts community. Chappell stated that the proposal and community support dovetails beautifully with the City's current discussions of the development of Parcel 64.1a and the downtown expansion south of Burlington Street. Chappell stated the Arts Committee requests the City Council give serious consideration to the development of an arts facility. Deborah Burger stated that a survey regarding the proposed arts facility was distributed to over. 80 organizations and the Arts Committee received response from 40 percent of the people surveyed. Burger stated there is an overwhelming interest for the proposed facility. Burger stated it has been proposed arts facility include a central ticket sales department; the City of Iowa City could market itself as a culturally and, artistically rich community; the arts facility could join other civic organizations such as the Recreation Center; and it is envisioned the facility would also serve as a rollover space for existing spaces such as the Rec Center and the Iowa City School District. Kubby asked if the old Press -Citizen building could be used for the proposed arts facility. Wallace Chappell stated the Press -Citizen building would be appropriate for visual arts; but did not have a large performance space. Horowitz asked If performance space could be located where the Press -Citizen presses are located. Wallace Chappell stated that area would be good for a TV studio and could accommodate 100-150 seats at most. He stated the arts facility could be used in combination with a business used as well as recreation. Horowitz inquired about display space. Chappell stated the arts facility should have a lobby -exhibition space. Horowitz Inquired about funding. Chappell staled that currently the proposed arts facility is a dream and the Arts Committee would like to meet with the City regarding how to proceed. Larson Inquired about the timetable for the project, Chappell stated the Arts Committee would like to work along with the City, needing the City's endorsement and wanting to be on the ground floor of the City's planning for south of Burlington Street. 1. Minutes Informal Council Session October 17, 1989 ?' Page 2 McDonald stated there is Interest to explore the concept, but it is premature to make any kind of commitment. McDonald noted that it is hoped to develop the last parcel, 644a, as an *' outstanding anchor for the downtown area. McDonald suggested directing the City Manager to develop a report including different scenarios, options and alternatives for the proposed arts facility. Courtney Inquired about the 64-1a building prospectus. Atkins stated the arts facility could be Included in the prospectus as an option on the urban renewal parcel, but Council should not preclude the possibility of some other locations for the arts facility. Balmer stated that concept should be endorsed whole-heartedly. In response to Courtney, Atkins stated the 64-1a marketing is being delayed until the Holiday Inn bankruptcy is resolved. McDonald stated that before the Parcel 64-1a prospectus goes out, Council should review it. Kubby r` asked if the Arts Committee has considered any other location for the proposed arts facility. s Wallace Chappell stated the old library location has been discussed. Horowitz asked tt Iowa �? City Schools had been contacted. Wallace Chappell stated the Iowa City School District will be involved. Council discussed the proposed arts facility concept. In response to Councilmembers, Wallace Chappell stated there are funding sources available such as the [i Kresge Foundation challenge grant match. PLANNING & ZONING MATTERS: Reel 89-67, Side 1 t s A. , ;f 1. i i � t i a, i I �� L 9 d t j 1. i i � t i Q, i I �� L 9 G r< F PUBLIC HEARING FOR OCTOBER 24, 1989 ON AN ORDINANCE TO AMEND THE CONDITIONAL ZONING AGREEMENT FOR THE FIRST AND ROCHESTER PARTTHREE SUBDIVISION. Larson noted that Dr. Law was unable to obtain a building permit due to the Zoning Agreement limiting building permits to 27. Courtney Inquired about the establishment of 29 lots. Schmeiser explained that 27 lots were platted, but two lots were subdivided Into three lots and one lot Into two lots, ending up with 29 lots. McDonald explained that what happened was that there were 27 lots platted and the buyers of a couple of different lots subdivided these lots thereby increasing the maximum number of lots. The maximum number of building permits which could be Issued is 27, resulting in two lots for which building permits could not be issued. McDonald stated it was unknown to the purchasers of the subsequent two lots that the maximum number of permits had already been reached and that their lots could not be buil on: Councilmembers discussed the maximum number of lots permitted. Schmeiser said the original zoning agreement was based on the Issuance of 27 building permits and should have been designed to limit the number of lots. Courtney emphasized that the original zoning agreement was bargained for in good faith. Courtney noted that the last lot has not been sold yet and that the agreement should be based on 28 lots not 29 lots. McDonald stated he was under the impression the last lot had been sold. Councilmem- bars agreed that future discussions will be held with the developer when that developer further develops the area, ORDINANCE TO AMEND THE ZONING ORDINANCE REGULATIONS OF THE NEIGHBORHOOD COMMERCIAL, CN -1 ZONE. Kubby asked if other Councilmembers wanted to meet with the Planning & Zoning Commission to discuss allowing dwelling units in the Neighborhood Commercial Zone. Horowitz stated she would like to see what happens in the zone after the City has allowed offices in it. Horowitz noted that the CN -1 Zone is scattered throughout the city i i j 1. � t i i I �� L Z i Minutes Informal Council Session October 17, 1989 Page 3 a and for the most part undeveloped. McDonald stated that the Planning & Zoning Commission would like the Council to proceed with the amendment as proposed to permit office uses in the zone. Councilmembers discussed office uses and the impact of dwelling uses in the Neighborhood Commercial Zone. Schmeiser noted that the office area is limited to 15 percent of the whole zonal area and that residential uses are limited to above and below the ground floor of the commerical uses in this zone. McDonald suggested Kubby meet with Planning & Zoning Commission members to discuss the Issue of permitting dwelling units in the zone. PUBLIC HEARING FOR OCTOBER 24 1989 ON AN ORDINANCE TO VACATE PORTIONS OF HARRISON AND LINN STREETS. iI Larson inquired about the ordinance to vacate portions of Harrison and Linn streets. Schmeiser stated that Council recently disposed of a triangular piece of land to S&M Property, Inc. and a proposal was included to vacate and dispose of a ten foot strip of right-of-way along Harrison Street and Linn Street in conjunction with that triangular piece. Horowitz asked if the right-of-way onto Ralston Creek was being purchased. Schmeiser stated no. O. RESOLUTION APPROVING THE FINAL PLAT OF HIDDEN VALLEY SUBDIVISION A 1.9 ACRE FIVE -LOT RESIDENTIAL SUBDIVISION LOCATED ON THE NORTH SIDE OF I I; ROCHESTER AVENUE AND ON WINDSOR COURT EXTENDED. I Schmeiser explained that the Hidden Valley Subdivision is a five -lot subdivision north of Rochester Avenue and the plat does comply with all the City's ordinance requirements and the preliminary plat.' Schmeiser stated a number of people have voiced concerns regarding the drainage and street maintenance. Schmeiser stated he met with the Assistant City Engineer who assured him that this new development would not affect the drainage and street and that the drainage should be improved. Balmer stated the cost of any street repairs would not be directly attributable to homeowners. Councilmembers discussed drainage and street repairs. In response to Kubby, Schmeiser stated the City does inspect street work to make sure of proper backfill Kubby asked if the developer is relieved of the responsibilities when the City Inspects and approves work. Timmins stated there is normally a bond for two years on the Improvement but that once the public Improvements are approved by the City, the responsibilities become ours. il! Regarding the Mercy Hospital Expansion Project, Horowitz stated she wanted to make sure that no houses were purchased in the future and torn down for the relocation of utilities. Schmeiser stated that the re-routing of the storm sewer and sanitary sewer would all be done on the Mercy Hospital property they presently own. 1 If 1, , u Minutes Informal Council Session ,. October 17, 1989 Page 4 COUNCIL TIME/AGENDA: Reel 89-57, Side 1 1. In response to Courtney, Atkins stated that correspondence received from persons 11 requesting to be considered for the Housing Task Force should be given to the City t..'. Manager. APPOINTMENTS: Reel 89-57, Side 1 I - Board of Appeals: re-appoint Robert Carlson. f I. r, Board of Examiners of Plumbers: Franklin Kilpatrick. i Board of Examiners of Plumbers for Journeyman: re-appoint Jim Alberhasky. l ` ! ° Senior Center Commission: re-appoint Jean Hood. 1 Committee on Community Needs: re-appoint Grace Cooper, Keith Ruff and appoint Mary Ann l r i1 Dennis. J , f + Mayor's Youth Employment Board: Paul Burlan. ii J N The meeting adjourned at 7:30 p.m. r + t " IR+S t 1 l 1 If 1, u 1 If 1,