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HomeMy WebLinkAbout1989-09-19 Council minutesinformal Council Session September 5, 1989 Informal Council Session: September 5, 1989, 6:30 p.m., in the Civic Center Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Horowitz, Larson, Kubby, Courtney, Balmer. Staffinembers Present: Atkins, Helling, Timmins, Karr, Smith, Vitosh, Schmelser, Trueblood. Tape-recorded: Reel 89.49, Side 1 277 -END, Side 2 END -1. EXECUTIVE SESSION: Reel 89-49, Side 1 Moved by Courtney, seconded by Horowitz, to adjourn to executive session to discuss strategy with Council In matters that are presently in litigation or where litigation is Imminent where its disclosure would be likely to prejudice or disadvantage the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session at 6:35 p.m. Council returned to open session at 6:50 p.m. PLANNING & ZONING MATTERS: A. C. Schmelser noted Councilmembers received a sketch. ORDINANCE TO AMEND THE ZONING ORDINANCE TO PERMIT FENCES UP TO SIX FEET IN HEIGHT WiTHIN A FRONT YARD ABUTTING AN ARTERIAL STREET. No Council comment. Schmelser noted that expedited action has been requested. D. ORDINANCE TO AMEND THE ZONING ORDINANCE TO CLARIFY THE RULES OF CONSTRUCTION FOR BOUNDARIES OF ZONES. No discussion. COUNCIL MEETING SCHEDULE: Reel 89-49, Side 1 Atkins stated the following scheduled Council meetings may need to be changed: October 31, Halloween; the last week In November, National League of Cities meeting; and December 26. Council will check their individual calendars and disucss the matter further at the next meeting. i II_ iI 1 I informal Council Session September 5, 1989 Informal Council Session: September 5, 1989, 6:30 p.m., in the Civic Center Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Horowitz, Larson, Kubby, Courtney, Balmer. Staffinembers Present: Atkins, Helling, Timmins, Karr, Smith, Vitosh, Schmelser, Trueblood. Tape-recorded: Reel 89.49, Side 1 277 -END, Side 2 END -1. EXECUTIVE SESSION: Reel 89-49, Side 1 Moved by Courtney, seconded by Horowitz, to adjourn to executive session to discuss strategy with Council In matters that are presently in litigation or where litigation is Imminent where its disclosure would be likely to prejudice or disadvantage the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session at 6:35 p.m. Council returned to open session at 6:50 p.m. PLANNING & ZONING MATTERS: A. C. Schmelser noted Councilmembers received a sketch. ORDINANCE TO AMEND THE ZONING ORDINANCE TO PERMIT FENCES UP TO SIX FEET IN HEIGHT WiTHIN A FRONT YARD ABUTTING AN ARTERIAL STREET. No Council comment. Schmelser noted that expedited action has been requested. D. ORDINANCE TO AMEND THE ZONING ORDINANCE TO CLARIFY THE RULES OF CONSTRUCTION FOR BOUNDARIES OF ZONES. No discussion. COUNCIL MEETING SCHEDULE: Reel 89-49, Side 1 Atkins stated the following scheduled Council meetings may need to be changed: October 31, Halloween; the last week In November, National League of Cities meeting; and December 26. Council will check their individual calendars and disucss the matter further at the next meeting. i II_ II I i; �Ii i y. Minutes Iowa City City Council Informal Council Session September 5, 1989 Page 2 510 RENO STREQYMONTESSORI SCHOOL REQUEST: Reel 89-49, Side 1 McDonald stated Montessorl School representatives requested Council to discuss the purchase of 510 Reno Street. Peter Hubbard and Kevin Hanick, representing Montessorl School, Presented information regarding the request to purchase 510 Reno Street. Hubbard stated that Montessorl School would agree to not build on the property adjacent to Montessorl School, Montessorl School Intends to use the 510 Reno Street property as green space, and Montessorl School would like to tear down the old house located on the property. Horowitz asked if Montessori School would install a fence or hedge to make a demarcation between Montessori's half of the property and the City's half of the property. Horowitz also inquired about insurance and liability. Jill Smith, representing Montessori School, stated Montessori School Is required to have a fence around the playground area. Balmer inquired about the liability. Timmins stated the City has existing situations where the City has a park abutting public school ground and the City presently has a lawsuit that resulted from a child playing at recess on some park equipment located in the City Park property. Timmins explained the City holds parks out for the use of the public generally, and the City unavoidably has liability associated with that for the condition that the lawn is in, the condition of the hard -surfaced parking lot, and the condition of the equipment, etc. Timmins stated on the other hand, the use of parks is not ordinarily as concentrated as it where they are located right next to a school. Timmins stated the City would like to have some understanding that where school students are using City parks as part of an organized or supervised play effort, that there would be an agreement that the school would agree to assume all responsibility. Timmins stated any school using a park in that situation should be supervising the use and making sure the area that they are playing in and the equipment that they are on are safe. Timmins stated the City hopes to have a provision in an agreement that the responsibility and liability for the students would be the school's, not the City's. Larson asked Hubbard if Montessori students would use the park everyday. Hubbard stated no, use of the City Park area is considered a field trip by the school and there are school rules for field trips. Larson stated the Parks & Recreation budget Is designed to distribute open space and green space and parks facilities to the population of the town in a fair and equitable manner, and the Parks & Recreation Department has not Indicated that 510 Reno Street is an area where the City has a priority for the purchase of new parkland. Kevin Hanick stated that the Parks & Recreation Commission was aware of that Issue and felt strongly that every proposal had to be judged Individually. Hanick stated that currently young couples are finding the Reno Street neighborhood an affordable part of town to establish single-family housing and a neighborhood park, not Hickory Hill, is needed in the area. Larson stated the 510 Reno Street property can be renovated. Hanick stated that professional appraisals have stated the best use of that property is to develop It as a duplex. Balmer raised concerns that people using the park may filter over Into the Montessori area. Horowitz stated some line Is needed to establish the property lines between Montessori School and Iowa City parkland. The City Council informally agreed to share the purchase of 510 Reno Street with Montessori School. Courtney noted money to purchase 510 Reno Street should be taken from the Parkland Acquisition Fund. I Minutes Iowa City City Council Informal Council Session September 5, 1989 Page 3 COUNCILTI_ ME_ A_ GENDA: Reel 89.49, Side 2 1. Larson noted that a developer has purchased five lots anticipating building a high-rise development with the parking requirement of one parking space per apartment. Larson asked Council to schedule a discussion regarding parking requirements on high-rise developments. Larson also requested information from staff regarding how and when changes in development requirements take place. Horowitz stated it may be useful to have a moratorium established. McDonald stated that Council just cannot decree in one evening to establish a moratorium. Kubby asked what happens if a developer moves more quickly than the City. McDonald stated developers have the option to do what he can do under the present laws. Kubby urged Council to move swiftly. 2• Horowitz stated an appointment is needed to the East Central Iowa Council of Governments Policy Advisory Committee to the Solid Waste Technical Advisory Committee. Horowitz recommended that Mayor McDonald be appointed to that committee. Council agreed to appoint the Mayor or his/her designee. McDonald stated formal action could be made during the Council's formal Council meeting. APPOINTMENTS: Reel 89.49, Side 2 A. Committee on Community Needs - readvertised. B. Committee on Community Needs, unexpired term ending March 1, 1990 - Dan Cilek, C. Historic Preservation Commission - Joyce Barrett. D. Mayor's Youth Employment Board - Linda Lawrence. E. Planning & Zoning Commission - Nancy Reid. F. Board of Electrical Examiners and Appeals - Pat Moore, Jr. NEIGHBORHOOD CENTERS OF JOHNSON COUNTY; Reel 89-49, Side 2 Atkins stated he received correspondence from the Neighborhood Centers of Johnson County (Broadway Center) asking for a waiver of their building permit fee for their project, estimated cost $1,000. He noted this was a joint effect of the Broadway Center, City, and County. Atkins explained the Neighborhood Centers of Johnson County have revised plans to build a walkout basement which would increase project costs by about $10,000. Council agreed to waive the building permit fee for the Neighborhood Centers of Johnson County building project. The meeting adjourned at 7:30 p.m. i' It I� II i + -;1 J OFFICIAL COUNCIL ACTIVITIES - 9/5/89 The cost M publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication Is $ Iowa City Council reg. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambdsoo, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Mayor presented the Certificate of Achievement for Excellence In Financial Reporting to Finance Director Rosemary Vitosh. The Mayor proclaimed September 14, 1989 as SCHOOL NIGHT FOR SCOUTING; September 17.23, 1989 as CON. ' STTTUTION WEEK;; September as SUBSTANCE ABUSE AWARENESS MONTH; October 31, 1989, between dusk and 9:00 p.m. as TRICK -OR -TREAT NIGHT In Iowa City; and September 14, 1989 as D.A.R.E. Day. Moved and seconded, that the following hems and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 8/22/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: P3R Comm. - 8/9; Senior Carter Comm. -6/19; Human Rights Comm. - 7/24 38/11; Committee on Community Needs -8/22; Civil Service Comm. -8/29, iltm, 8/22, 8/23, 8/24, 8/26, 3 8/28. Permit Motions and Resolutions: Class C Uquor License for The Brown Bottle, 115 E. Washington St Outdoor Service Area for Holiday Inn -Iowa City, 210 S. Dubuque SL Class C Uquor License for Deadwood, 6 S. Dubuque St Class E Liquor License for Peoples Drug #5276, 2425 Muscatine Ave. Class E Beer Permit for Peoples Drug #5276, 2425 Muscatine Ave. Class E Uquor License for Peoples Drug #5281, 121 E. j Washington St Class E Beer Permit for Peoples Drug #5281, 121 E. Washington SL Beer Permit refund for j Peoples Drug #5281, 121 E. Washington SL Uquor License refund for Peoples Drug #5281, 121 E. Washington St Beer Permit refund for Peoples Drug #5276, 2425 Muscatine Ave. Class B Beer Permit for Godfather's Pizza, 207 E. Washington SL RES. 89.214, ISSUING CIGARETTE PERMITS. Beer/Wine refund for Jade Garden, 119 Iowa Ave. Wine/Beer Permit for Lorenz Choose House, Inc., 1616 Sycamore Mall. Uquor License refund for Peoples Drug #5276, 2425 Muscatine Ave. Resolutions, RES, 89.215, SETTING PUSUC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CIVIC CEN. TER/POUCE AND FIRE DEPARTMENTS ASBESTOS REMOVAL PROJECT, for 9/19. RES, 89.216, ACCEPTING THE WORK FOR THE PAVING, STORM SEWER, AND SANITARY SEWER IMPROVEMENTS FOR HUNTER'S RUN SUBDIVISION, PART FIVE. RES. 89.217, ACCEPT- ING THE WORK FOR THE MCKUSICK-CARR-LYMAN SANITARY SEWER D(TENSION ON NORMANDY DRIVE. Correspondence: Nancy Hitchon with pethion signed by property owners In the Southwest Estates area request. Ing a sidewalk be installed along Lots 3, 4, and 6. Donald and Jannene Domayer expressing opposition to the open burning policy. Memo from the CNII Service Comm. submitting a certified list of applicants for the position of Police Officer. Loners from Betty Proe and Marilyn Rogers expressing support for the proposal of a community ails center on Parcel 64-1b. Official Actions September 5, 1989 Page 3 to clarify the rules of construction for boundaries of zones, be given second vote for passage. The Mayor declared the motion carred. Thomas Gelman, President Of the Board of Library Trustees, noted the FY89 Annual Report distributed to Council. members and highlighted various aspects of the report. Moved and seconded, to approve the recommendation of the Committee on Community Needs that three members of CCN, whose terms expire 10/1/89, be given an extension of one month to allow those members to serve until the 1990 cDBG budget and recommendation meetings, annually scheduled for September and October are completed. From that time forth terns would expire on 11/1. The Mayor declared the motion carried. The Mayor announced the following vacancies: Senior comer Comm. - one vacancy for a three-year tern ending 12/31/92; Mayor's Youth Employment Board - one vacancy for a three-year term ending 12/30/92; Bid of Appeals - one vacancy for a five-year term ending 1PJ31/94; Bd. of Examiners of Plumbers - one vacancy for a representative of the public for a two-year term ending 12/31/91 and one vacancy for a Journeyman plumber for a two-year term ending 12/31/91. These appointments will be made at the 10/17/89 meeting of the City Council, The Mayo announced that the three vacancies for three. Year terms on the Committee on community Needs will be readvenlsed as no applications had been received. Moved and seconded, to appoint Daniel Cilek, 431 Oakland Ave. to the Committee on Community Needs to fill an unexpired term ending 3/1/90. The Mayor declared the motion carried. Moved and seconded, 10 make the following appoint. ments: Joyce Barrett, 1011 Woodlawn Dr., to the Historic Preservation Comm, as a representalNe of the Woodlawn District for an unexpired term ending 3/29/91; re -appointment of Unda Lawrence, 3024 Raven SL, to the Mayor's Youth Employment Bd, for a three-year term ending 11/4/92; Nancy Reid, 2002 Rochester Ave., to the Planning and Zoning Comm. for an unexpired term ending 5/1/93; Pat Moore, Jr., 151 Oberlin SL, to the Bd. of Electrical Examiners and Appeals for a licensed contractor for a four-year term ending 10/26/93. The Mayor declared the motion carried. Moved and seconded, to appoint Mayor John McDonald or his designee to the Policy Advisory Committee., an adjunct to the East Central Iowa Council of Governments (ECICOG) Solid Waste Management Technical Advisory Committee. Horowitz reviewed the purpose of the committee, noting that elected Officials have been asked to comprise the policy committee. The Mayor declared the motion carried. Moved and seconded, to adopt RES. 89.218, CALLING A SPECIAL ELECTION ON A REFERENDUM PROPOSITION TO RECONSIDER COUNCIL ACTION CHANGING THE COM. PREHENSNE PLAN LAND USE CLASSIFICATION FOR A 28 ACRE TRACT OF LAND ALONG HIGHWAY 1 WEST, NORTH AND WEST OF THE IOWA CITY MUNICIPAL AIRPORT FROM INDUSTRIAL TO GENERAL COMMERCIAL, for November 7, 1989. Moved and seconded, that ORD. 89.3430, AMENDING CHAPTER 32,1 ENTITLED that AND REVENUES; OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CRY, IOWA, BY AMENDING NEW PERMIT FEES FOR THE CAPITOL STREET PARIONG RAMP AND A MAXIMUM DAILY RATE FOR Official Actions September 5, 1989 Page 2 Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center to set up a table to distribute literature and offer crafts for donations 8/1631/89 between 9:00 am. and 7:00 p.m., approved. Freshens Yogurt for a tem to be placed on private Property in from of the Lenoch-Cilek Mall to extend onto the Plaza approximately 12 Inches on 80/89, approved. Reproductive Rights Coalition to set up a table to dis- tribute literature on 8/29/89 between 11:00 am. and 4:00 p.m., approved. Applications for the Use of Streets and Public Grounds: Wanda Evans for use of circle at end of Downey Drive for a block party So/a9 between the hours of 6:00 and 8:00 p.m., approved. Anne Hanson for use of Lowell Street between Ridgeway and Glendale for a block party 8/26/89 between the hours of 5:00 and 8:00 p.m., approved. Tim Finer for the Chamber/Student Bed Races 9/15/89 on Clinton Street between Washington and Jefferson Streets beginning at 6:15 p.m., approved. Jackie Fordice for permission to picket in front of Emma Goldman Clinic 8/21 and 8/29/89 between the hours of 8:00 am. and 200 p.m., approved for 12 or less picketers due to lack of Insurance. August Kray for the Regina Fall Fun Run 9/PJ89 between the hours of 8:00 and 10:00 am., approved, IWstine Nelson to picket In front of Regina Schools 9/1/89 between the hours of 6:00 and 8:00 p.m., approved. The Mayor declared the motion carded. A public hearing was held on an ordinance to amend the Zoning Ordinance to permit fences up to sir feet in height within a from yard abutting an medal street provided the front yard Is on a double frontage lot or Is on a comer lot which abuts a double frontage IoL Moved and seconded, that the rule requiring ordinances 10 be considered and voted on for final passage at two Council meetings prior to the meeting at which it Is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time, The Mayor declared the motion carried. Moved and seconded, that the ordinance to amend the Zoning Ordinance to permit fences up to sir feet In height within a from yard abutting an arterial street, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it Is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor declared the motion carried. Moved and seconded, that the ordinance to amend the Zoning Ordinance to penury an Increase in building height and floor area ratio In the Commercial Office, CO -1 Zone, be given second vote for passage (MarryHosphal). The Mayor declared the motion carried. Moved and seconded, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it Is to be finely passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor declared the motion carried. Moved and seconded, that the ordinance to amend the Zoning Ordinance I Official Actions September 5, 1988 Page 4 THE DUBUQUE STREET PARIONG RAMP, be passed and adopted. Moved and seconded, to adjourn 8:30 p.m. The Mayor declared the motion carried. A more complete description of Council activities Is on file In the office of the City Clerk. WOHN MCDONAID, MAY WMARIAN K KARR CITY CkERK icatlo7f Submitted for publ9/27 I t I -1 i i I� ii I COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 5, 1989 Iowa City Council reg. mtg., 7:30 p.m. at the Civic Center, Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Staffinembers present: Atkins, Helling, Timmins, Karr, Vitosh, Schmeiser, Gannon, Winkelhake, Fowler. Council minutes tape recorded on Tape 89.51, Side 1, 1 -END and Side 2, END -701. The Mayor presented the Certificate of Achievement for Excellence in Financial Reporting to Finance Director Rosemary Vitosh. This marks the fourth year the City has received the award. The Mayor proclaimed September 14, 1989 as SCHOOL NIGHT FOR SCOUTING; September 17-23, 1989 as CONSTITUTION WEEK;; September as SUBSTANCE ABUSE AWARENESS MONTH; October 31, 1989, between dusk and 9:00 p.m. as TRICK -OR -TREAT NIGHT in Iowa City; and September 14, 1989 as D.A.R.E. Day. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 8/22/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. - 8/9/89; Senior Center Comm. - 6/19/89; Human Rights Comm. - 7/24 & 8/11/89; Committee on Community Needs - 8/22/89; Civil Service Comm. - 8/29, 8/21, 8/22, 8/23, 8/24, 8/26, & 8/28/89. Permit Motions and Resolutions: Approving a Class C Liquor License for I.C.B.B. Ltd. dba The Brown Bottle, 115 E. Washington St. Approving Outdoor Service Area for Pineapple Management Company dba Holiday Inn -Iowa City, 210 S. Dubuque St. Approving Class C Liquor License for Deadwood, Inc. dba Deadwood, 6 S. Dubuque St. Approving Class E Liquor License for Price Right Discount Pharmacies, Inc. dba Peoples Drug #5276, 2425 Muscatine Ave. Approving Class E Beer Permit for Price Right Discount Pharmacies, Inc. dba Peoples Drug #5276, 2425 Muscatine Ave. Approving Class E Liquor License for Price Right Discount Pharmacies, Inc, dba Peoples Drug #5281, 121 E. Washington SL Approving Class E Beer Permit for Price Right Discount Pharmacies, Inc. dba Peoples Drug #5281, 121 E. Washington St. Approving a Beer Permit refund for Drug Fair dba Peoples Drug #5281, 121 E. Washington St. Approving a Liquor License refund for Drug Fair dba Peoples Drug #5281, 121 E. Washington St. Approving a Beer Permit refund for Drug Fair dba Peoples Drug #5276, 2425 Muscatine Ave. Approving a Class B Beer Permit for Rigel of Iowa, Inc, dba Godfather's Pizza, 207 E, Washington St. RES. 89-214, Bk. 102, p. 214, ISSUING CIGARETTE PERMITS. Approving a Beer/Wine refund for Mei Lee Szeto dba Jade Garden, 119 Iowa Ave. Approving a Wine/Beer Permit for Lorenz Cheese House, Inc. dba Lorenz Cheese House, Inc., 1616 Sycamore Mall. Approving a Liquor License refund for Drug Fair dba Peoples Drug #5276, 2425 Muscatine Ave. Resolutions, Bk. 102: RES. 89.215, p. 215, SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CIVIC CENTER/POUCE AND FIRE DEPARTMENTS ASBESTOS REMOVAL PROJECT, for 9/19/89. Council Activities September 5, 198g Page 2 RES. 89.216, P. 216, ACCEPTING THE WORK FOR THE PAVING, STORM SEWER, AND SANITARY SEWER IMPROVEMENTS FOR HUNTER'S RUN SUBDIVISION, PART FIVE. RES, 89-217, p. 217, ACCEPTING THE WORK FOR THE MCKUSICK-CARR-LYMAN SANITARY SEWER EXTENSION ON NORMANDY DRIVE. Correspondence: Nancy Hitchon with petition signed by property owners In the Southwest Estates area requesting a sidewalk be Installed along Lots 3, 4, and 6. Donald and Jannette Domayer expressing opposition to the open burning policy. Memo from the Civil Service Comm. submitting a certified list of applicants for the position of Police Officer. Letters from Betty Proe and Marilyn Rogers expressing support for the proposal of a community arts center on Parcel 64-1b. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center to set up a table to distribute literature and offer crafts for donations 8/16-31/89 between 9:00 a.m, and 7:00 p.m., approved. Freshens Yogurt for a tent to be placed on private property in front of the Lenoch-Cilek Mall to extend onto the Plaza approximately 12 Inches on 8/26/89, approved. Reproductive Rights Coalition to set up a table to distribute literature on 8/29/89 between 11:00 a.m. and 4:00 p.m., approved. Applications for the Use of Streets and Public Grounds: Wanda Evans for use of circle at end of Downey Drive for a block party 8/26/89 between the hours of 6:00 and 8:00 p.m., approved, Anne Hartson for use of Lowell Street between Ridgeway and Glendale for a block party 8/26/89 between the hours of 5:00 and 8:00 p.m., approved. Tim Finer for the Chamber/Student Bed Races 9/15/89 on Clinton Street between Washington and Jefferson Streets beginning at 6:15 p.m., approved. Jackie Fordice for permission to picket in front of Emma Goldman Clinic 8/21 and 8/29/89 between the hours of 8:00 a.m. and 2:00 p.m., approved for 12 or less picketers due to lack of insurance. August Kray for the Regina Fall Fun Run 9/2/89 between the hours of 8:00 and 10:00 a.m., approved, Kristine Nelson to picket in front of Regina Schools 9/1/89 between the hours of 6:00 and 8:00 p.m., approved. Counciimember Horowitz questioned the procedure for amending the date of an application for use of streets and public grounds, noting that the Downey Drive block party had been rained out. The City Manager stated that applications normally contain a back-up date and it was Important that the Police and Fire Departments be advised of changed dates. Balmer questioned the letter from the property owner at Southwest Estates (4f(1)). The City Manager stated a report would be prepared noting that the sidewalk Is right along the edge of a church. Kubby asked If the city's asbestos consultant (3d(1)) also provided asbestos removal services. Staff will report back. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearing as set. A public hearing was held on an ordinance to amend the Zoning Ordinance to permit fences up to six feet in height within a front yard abutting an arterial street provided the front yard Is on a double frontage lot or is on a corner lot which abuts a double frontage lot. No one appeared. Moved by Balmer, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting al which it is to be finally passed be suspended, the first consideration and vote be waived and I Council Activities September 5, 1989 Page 3 the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance to amend the Zoning Ordinance to permit fences up to six feet in height within a front yard abutting an arterial street, be given second vote for passage. Planning Director Schmelser present for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance to amend the Zoning Ordinance to permit an increase in building height and floor area ratio in the Commercial Office, CO -1 Zone, be given second vole for passage (Mercy Hospital). Planning Director Schmeiser present for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration waived and be vote the second consideration be given at this time. Planning Director and nd vote be present for discussion. Affirmative roll call vote unanimous, 7/0, all Coucilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded nn Horowitz, that the ordnance to amend the Zoning Ordinance to clarify the rules of construction for boundartof zones, be given second vote for passage. Affirmative roll call vote unanimous, ou all Councilmembers present. The Mayor declared the motion carried. Thomas Gelman, President of the Board of Ubrary Trustees, noted the FY89 Annual Report distributed to Councilmembers and highlighted various aspects of the report. Gelman noted the biggest challenge facing the Ubrary Board and staff is dealing with the increase in use of the facility. Moved by Ambrisco, seconded by Horowitz, to approve the recommendation of the Committee on Community Needs that three members of CCN, whose terms expire 10/1/89, be given an extension of one month to allow those members to serve until the 1990 CDBG budget and recommendation meetings, annually scheduled for September and October are completed. From that time forth terms would expire on 11/1. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. The Mayor announced the following vacancies: Senior Center Comm. - one vacancy for a three-year term ending 12/31/92; Mayor's Youth Employment Board - one vacancy for a three-year term ending 12/30/92; Bd, of Appeals - one vacancy for a five-year term ending 12/31/94; Bd. of Examiners of Plumbers - one vacancy for a representative of the public for a two-year term ending 12/31/91 and one vacancy for a Journeyman plumber for a two-year term ending 12/31/91. These appointments will be made at the 10/17/89 meeting of the City Council. Council Activities September 5, 1989 Page 4 The Mayor announced that the three vacancies for three-year terms on the Committee on Community Needs will be readvertised as no applications had been received. Moved by Balmer, seconded by Courtney, to appoint Daniel Cilek, 431 Oakland Ave. to the Committee on Community Needs to fill an unexpired term ending 3/1/90. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Courtney, to make the following appointments: Joyce Barrett, 1011 Woodlawn Dr., to the Historic Preservation Comm. as a representative of the Woodlawn District for an unexpired term ending 3/29/91; re -appointment of Linda Lawrence, 3024 Raven St., to the Mayor's Youth Employment Bd. for a three-year term ending 11/4/92; Nancy Reid, 2002 Rochester Ave., to the Planning and Zoning Comm. for an unexpired term ending 5/1/93; Pat Moore, Jr., 151 Oberlin St., to the Bd. of Electrical Examiners and Appeals for a licensed contractor for a four-year term ending 10/26/93. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, to appoint Mayor John McDonald or his designee to the Policy Advisory Committee, an adjunct to the East Central Iowa Council of Governments (ECICOG) Solid Waste Management Technical Advisory Committee. Horowitz reviewed the purpose of the committee, noting that elected officials have been asked to comprise the policy committee. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmembers Courtney acknowledged the Twenty-fifth Anniversary issue of the Iowa City Parks & Recreation fall calendar. Horowitz noted the "Guide to Historic Iowa City" pamphlet prepared by the Planning Department and the Historic Preservation Comm. She also reported on a reception held for the newly formed Board of Directors for non-profit organization of Broadband Telecommunications and said the public would be hearing more about the organization. Horowitz questioned the status of the community re -Investment act. The City Manager reported that the re -investment act is recent legislation approved by Congress which requires banks to develop programs to provide financial assistance to low and moderate Income households. Ambrisco noted the national award given that evening to Finance Director Vitosh and pointed out that Parks and Recreation Director Terry Trueblood had recently been elected national president of the Parks and Recreation Directors. Balmer mentioned the recent passing of former city councilmember and mayor Loren Hickerson and acknowledged his service to the community. Kubby reported on the annual energy use and noted an energy consumption decrease of 43% this fiscal year. Kubby commented on a recent article re tree ordinances in the recent National Cities Weekly publication and questioned the City exploring the Idea. The City Manager said the City did have a tree ordinance and would prepare further Information. Kubby suggested signs be posted along the alley behind Summit Street similar to those in Ithica, New York, which state "Children At Play". McDonald acknowledged a $100 donation made by the Sunrise Optimists to the Police Department for the D.A.R.E. program. Moved by Balmer, seconded by Horowitz, to adopt RES. 69-218, Bk, 102, p. 218, CALLING A SPECIAL ELECTION ON A REFERENDUM PROPOSITION TO RECONSIDER COUNCIL ACTION CHANGING THE COMPREHENSIVE PLAN LAND USE CLASSIFICATION FOR A 28 ACRE TRACT OF LAND ALONG HIGHWAY 1 WEST, NORTH AND WEST OF THE IOWA CITY _ ' I i I I I ,f I`. i Council Activities September 5, 1989 Page 5 MUNICIPAL AIRPORT FROM INDUSTRIAL TO GENERAL COMMERCIAL, for November 7, 1989. that although there was no date that an election could be held and results gotKubby stated she would be voting against this resolution to register a protest. She n prior a commethe e issuance of a building permit, she didn't think the process or timing was good. Balm he would be voting in favor of the resolution but asked that the Charter be cleated ned er er stated the question of the number of signatures required initially. The Mayor declared tto he resolution adopted, 6/1, with the following division of roll call vote: Ayes: Horowitz, Larso Ambrisco, Balmer, Courtney. Nays: Kubby. n, McDonald, Moved by Balmer, seconded by Horowitz, that ORD. 89.3430, Bk. 31, p. 31, AMENDING CHAPTER 321 ENTITLED "TAXATION AND REVENUES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING NEW PERMIT FEES FOR THE CAPITOL STREET PARKING RAMP AND A MAXIMUM DAILY RATE FOR THE DUBUQUE STREET PARKING RAMP, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Horowitz, seconded by Courtney, to adjourn 8:30 P.M. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. ATTEST: MARIAN K. KARR, CITY CLERK JOHN MCDONALD, MAYOR I l� I I`. ®1 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 19, 1989 I 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.Staffinembers present: Atkins, Halling, Timmins, Karr, Schmeiser, Gannon, Fosse, Milkman, Seydel, Doyle. Council minutes tape recorded on Tape 89-51, Side 2, 598- 1; 89.54, Side 1, 1 -END. The Mayor proclaimed September 18-22,1989 as ADULT DAY CARE CENTER WEEK; September 24-30,1989, as REPRODUCTIVE RIGHTS WEEK. The Mayor noted the deletion of items 3e(4)(d) and 3e(4)(e) from the Consent Calendar, memos from Traffic Engr. re: the downtown alley bounded by Washington/Clinton/Linn/College. Moved by Larson, seconded by Ambrisco, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 9/5/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Library Trustees - 8/24/89; P&Z Comm. - 8/17/89, 9/7/89; Historic Preservation Comm. 8/16/89; Broadband Telecommunications Comm. - 7/26/89; Housing Comm, - 8/8/89, 9/12/89. Permit Motions: Approving an Outdoor Service Area for The Wig and Pen, Ltd., 1220 Hwy. 6 West. Approving a Class C Liquor License for The Wig and Pen, Ltd., dba The Wig and Pen, 1220 Hwy. 6 West. Approving a Class C Beer Permit for T&M Mini -Mart, Ltd, dba T&M Mini -Mart, 2601 Hwy. 6 West. Approving a Class E Beer Permit for Qulk Trip Corporation dba Qulk Trip #503, 123 W. Benton. Approving a Class E Beer Permit for Ouik Trip Corporation dba Quik Trip #548, 955 Mormon Trek. Approving a Special Class C Beer/Wine Permit for Hung Lam dba Saigon Restaurant, 209 N. Linn Street. Approving a Class C Beer Permit for Clarissa T. Watt dba Watts Food Market, 1603 Muscatine Avenue. Resolutions: RES, Bk. 102, RES. 89.219, P. 219, ACCEPTING THE WORK FOR THE SLUDGE FORCE MAIN PROJECT. RES. 89-220, P. 220, ACCEPTING THE WORK FOR THE SUPPLEMENTAL CONTRACT FOR THE LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER PROJECT. RES. 89.221, P. 221, ACCEPTING THE WORK FOR THE SCOTT BOULEVARD SANITARY SEWER EXTENSION AND THE NECESSARY EASEMENT ASSOCIATED THEREOF. RES. 89-222, P. 222, ADOPTING SUPPLEMENT NO. 41 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. Correspondence: Robert C. Brown, M.D., requesting the City Council to proclaim Iowa City a Drug Free Zone. Richard F. Houston expressing support for a community arts center. Lolly Eggers, Library Director, regarding the proposal for a community arts facility. Memo from the Traffic Engr, re: Parking prohibition in the 500 block of North First Avenue; Parking prohibition on the west side of the 500 block of South Linn Street; Council Activities September 19, 1989 Page 2 Yield signs at the Intersection of Union Road with California Avenue. Memo from the Civil Service Commission submitting certified lists of applicants for the following positions: Treatment Plant Operator/Pollution Control Division; Maintenance Worker I/Central Business District, Applications for City Plaza Use Permits: DeAnn Nilles for permission to set up a table on City Plaza from which to distribute information and offer buttons for donations on 9/25, 28, 29, 30/89, approved. Jim Spevak, Peace Corps Coordinator for the U of I, for permission to set up a table on City Plaza on 9/26, 27/89, from which to distribute literature, approved. Latin American Human Rights Advocacy Center for permission to set up a table on City Plaza on 9/1-18/89, from which to distribute literature and offer crafts for donations, approved. Applications for Use of Streets and Public Grounds: Jackie Fordice for permission to picket at Emma Goldman Clinic during the month of September 1989 (approved for a one-week period, 9/11-16/89). Raymond M. Holloway for permission to picket at Emma Goldman Clinic 9/18-22/89, approved. Chamber of Commerce to have Sidewalk Sales on 9/14, 15, 16/89, approved. W.H. Kendall to offer Buddy Poppies for donations on Iowa City sidewalks on 9/15, 16/89, approved. Lane Wyrick to film a student production on public property on 9/2-5/89, approved. Robert Bradley for the use of Essex Street for a block party on 9/23/89, approved. Homecoming Council to have the University of Iowa Homecoming Parade on 10/19/89, approved. Larson noted the deletion of memos re: the downtown alley near Dain -Bosworth and advised citizens that there was going to be a new parking rule with a different enforcement policy of towing away vehicles rather than ticketing. He noted this item would be coming back on the agenda after Legal prepares necessary documents. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Courtney, to set a public hearing for 10/3/89, on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property located at 615 E. Jefferson Street from RNC -20 to CO -1 (Pediatrics Associates). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 10/3/89, on an ordinance amending the Zoning Ordinance by changing the use regulations of approximately 30 acres of land located in northwest Iowa City, west of Camp Cardinal Road from ID -ORP to ID -RS (Deer Creek). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, to set a public hearing for 10/3/89, on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of a 7.966 acre tract of land generally located south of Ventura Avenue and north of BJaysville Lane on North Dubuque Street (Old Highway 218) from PDH -12 to RS -5 (Meadow Ridge). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Council Activities September 19, 1989 Page 3 Moved by Balmer, seconded by Courtney, to set a public hearing for 10/3/89, on an ordinance to amend the Zoning Ordinance regulations of the Neighborhood Commercial, CN - 1, Zone. Horowitz asked that information be furnished Council prior to the 10/3 public hearing that would outline staff reasons for recommending Council not accept this recommendation. Ambrisco noted that P&Z Commissioner had abstained from a number of items at the P&Z meeting of 7/6 and noted for the public that Ms. Reid was recently appointed to that Commission and felt she did not have the background information necessary to vote. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 10/3/89, on an ordinance to amend the Zoning Ordinance to define variety stores. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.223, Bk. 102, p. 223, RESOLUTION OF INTENT TO CONVEY A PORTION OF AN ALLEY IN BLOCK 47 AND SET A PUBLIC HEARING FOR 10/3/89 ON THE CONVEYANCE (Mercy Hospital). Ambrisco reviewed Council informal discussion the previous evening when Council was assured that approval of this conveyance would not be stopping any existing or contiguous property owners from gaining access or egress from their properties. Larson questioned if adoption of the resolution indicated approval of the purchase price also. The City Attorney stated that the resolution authorized publication of a notice that contained Information Including square footage and srIndicated staff Information the pra ice, PPD Director Schmeiser stated the Cifurnished e had no problem City had not disposed tof an alley that has equalled the proposed $7,500. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 10/3/89, on an ordinance to vacate Olympic Circle west of Boyrum Street (Southgate Development Co.). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt ORD. 89-3431, Bk. 31, p. 32, AMEND THE ZONING ORDINANCE TO PERMIT FENCES UP TO SIX FEET IN HEIGHT WITHIN A FRONT YARD ABUTTING AN ARTERIAL STREET PROVIDED THE FRONT YARD IS ON A DOUBLE FRONTAGE LOT OR IS ON A CORNER LOT WHICH ABUTS A DOUBLE FRONTAGE LOT, W passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Balmer, to adopt ORD. 89-3432, Bk, 31, P. 33, AMEND THE ZONING ORDINANCE TO PERMIT AN INCREASE IN BUILDING HEIGHT AND FLOOR AREA RATIO IN THE COMMERCIAL OFFICE, CO -1, ZONE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Horowitz, seconded by Ambrisco, to adopt ORD. 89-3433, Bk. 31, P. 33, AMEND THE ZONING ORDINANCE TO CLARIFY THE RULES OF CONSTRUCTION FOR BOUNDARIES OF ZONES, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Council Activities September 19, 1989 Page 4 Moved by Balmer, seconded by Horowitz, to defer the resolution approving the final plat of Prairie View Estates, Part Three, a 19.17 acre, 13 -lot residential subdivision located north of 1-80 and east of Prairie du Chien Road in Johnson County. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt RES, 89-224, Bk. 102, p. 224, APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR LOTS 2 AND 3 OF HIGHLANDER DEVELOPMENT FIRST ADDITION (Northgate Corporate park). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Ambrisco, to adopt RES. 89.225, Bk. 102, p. 225, APPROVE AN AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN TO PERMIT THE CONSTRUCTION OF A 9,000 SQUARE FOOT WAREHOUSE ON LOT 2 OF BDI FIRST ADDITION. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-226, Bk. 102, p. 226, APPROVING THE PRELIMINARY PLAT OF MOSS WOODS SUBDIVISION, AN APPROXIMATE 10.7 ACRE, 8 -LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED IN JOHNSON COUNTY ON LINDER ROAD, WEST OF LINDER VALLEY SUBDIVISION AND WEST OF AGUDAS ACHIM CEMETERY. Kubby noted that there was a number of trees along the north side of the road and questioned whether they would be saved and incorporated into the development. PPD Director Schmelser stated to the best of his knowledge all the trees would be saved except those removed for placement of individual houses. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.227, Bk. 102, p, 227, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE i AGREEMENT BETWEEN THE CITY AND THE IOWA CITY ARMORY CORPORATION (THE NATIONAL GUARD) FOR USE OF CITY PROPERTY ABUTTING THE ARMORY ON CLINTON STREET. Kubby raised two concerns, 1) why not sell the property to the National Guard rather than lease it for $100 per year, and 2) she had a problem helping out the Guard who instead of doing rural health care in Iowa the Governor sends to Honduras. She stated her Intent to vote against this resolution. Balmer and Larson stated their support of the resolution as it allows the City greater flexibility and does not foreclose any options it the City would want to change traffic patterns in the area. Courtney also noted it was a good example of Intergovernmental cooperation. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Ambrisco, Balmer, Courtney, Horowitz, Larson, McDonald, Nays: Kubby. Geraldine Busse, Senior Center Commissioner, updated Council on the new computer program at the Center, invited Council and the public to attend special October birthday celebrations planned at the Center, and distributed materials related to registration, Lynne Vermace appeared regarding animal control regulations and policies concerning ferrets. The City Manager noted that there was no known rabies vaccine and that City policy did not allow Council Activities September 19, 1989 Page 5 for placement of the animals. Surrounding shelters are being contacted regarding their policies. He suggested that the matter be referred to the Animal Control Advisory Board for review and a recommendation be forwarded back to Council. In the Interim, ferrets would not be destroyed at the shelter. Council agreed to wait for a recommendation from the Animal Advisory Control Board prior to considering this matter. Rob Wrisberg, 1100 Arthur, thanked Council for the book bag being distributed this month for individuals purchasing bus passes. A public hearing was held on the sale and conveyance of Lower Ralston Creek Parcels C and D to S -M Partners, for $21,000 for Parcel C and $42,000 for Parcel D. No one appeared. Moved by Balmer, seconded by Horowitz, to adopt RES. 89.228, Bk. 102, p. 228, APPROVING A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH S- M PARTNERS FOR PARCEL D LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND AUTHORIZING THE MAYOR AND CiTY CLERK TO EXECUTE THE CONTRACT AND DEEDS TO THE PROPERTY. Larson noted Council discussions regarding reviewing the Procedure for selling city parcels of land and stated he felt the City didn't get as high of a price as perhaps It could have with more vigorous advertising. He stated he would be voting In favor of the resolution but did want the procedure looked at. Kubby noted that the space between what the City buys and sells gets bigger and bigger. She stated she would be voting against the proposal because of the price of the land and the difference between the bid price and the appraisal price. Balmer noted that both parcels are unique pieces of property and that they had been bid a number of different times. He supported the procedure being explored for future parcels. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Balmer, Courtney, Horowitz, Larson, McDonald, Ambrisco. Nays: Kubby. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.229, Bk. 102, p. 229, APPROVING A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH S- M PARTNERS FOR PARCEL C LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AND DEEDS TO THE PROPERTY. The Mayor• declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Courtney, Horowitz, Larson, McDonald, Ambrisco, Balmer, Nays: Kubby. A public hearing was held on Applications for 100 Units of Section 8 Existing Housing Units (Vouchers and Certificates). No one appeared. A public hearing was hold on Plans, Specifications, Form of Contract and Estimate of Cost for the Civic Center/Police and Fire Departments Asbestos Removal Project. No one appeared, Moved by Balmer, seconded by Courtney, to adopt. RES. 89.230, Bk. 102, p. 230, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CIVIC CENTER/POLICE AND FIRE DEPARTMENTS ASBESTOS REMOVAL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR Council Activities September 19, 1989 Page 6 RECEIPT OF BIDS. Kubby questioned if the price Included the removal as well as monitoring of the removal. The City Manager stated he would discuss the matter with staffinember Jim Schoenfelder and report back to Council. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Human Rights Comm. - three vacancies for three-year terms ending 1/1/93; Parks and Recreation Comm. - two vacancies for four-year terms ending 1/1/94; Bd. of Adjustment - one vacancy for a five-year term ending 1/1/95. These appointments will be made at the October 24, 1989, meeting of the City Council. Moved by Balmer, seconded by Horowitz, to refer to the Broadband Telecommunica- tions Commission the letter from Public Access Television, Inc., requesting a representative from the City of Iowa City (preferably a member of the Broadband Telecommunications Commission) to serve as an ex-officlo member of the Board of Directors of the NPO. In response to Horowitz, McDonald clarified that the Commission and the NPO are two separate bodies. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Balmer requested an update on the status of the memo from the City Manager to the Housing Commission re: review of rehabilitation program and the request from HUD to review projects over $5,000 only. The City Manager reported that the Commission had met with staff on 9/12, the position of HUD was explained and the matter deferred to the next meeting. Balmer noted that the downtown pedestrian area tranquility is being shattered late nights. He stated the problems seem to be getting worse and that the area represented a huge public Investment. He urged closer scrutinizing of those establishments that are causing the problems. Balmer asked for more policies and procedures for solving problems In the area. Courtney also pointed out the frequent fluorescent paintings on park benches and the like. Ambrisco urged the public to pay attention to Council discussion of the expansion of the Central Business District (CBD) south of Burlington Street. Horowitz noted the numbers of volunteers who currently serve the City and said she would be exploring ways of recognizing them. She also reported on the recent League of Iowa Municipalities meeting held in Ames attended by herself, the Mayor and the City Clerk. Recommendations of the Housing Commission noted as follows: (1) That the City Council adopt an ordinance amending Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 17-2 and 17-3 to require owners of rental property not residents of Johnson County and owners of condominium residential property to designate a local operator empowered to represent a property owner(s) concerning compliance with the Iowa City Housing Code. This matter will be presented to the City Council at a later date. (2) That the City Council approve a resolution authorizing execution of a Debt Forgiveness Amendment to Consolidated Contributions Contract #KC -9166 Project IA022003, IAOSP022004, IAOSP022005. Moved by Courtney, seconded by Balmer, to adopt RES. 89-231, Bk. 102, P. 231, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING, - i t Council Activities September 19, 1989 Page 7 AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. Affirmative roll call vote unanimous, 7/0, all Council - members present, The Mayor declared the resolution adopted. Councilmember Balmer stated he would be unable to attend the Johnson County Council of Governments (JCCOG) meeting 9/20/ Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-232, Bk, 102, p. 232, APPROVING AGREEMENT BETWEEN THE CITY, NEIGHBORHOOD CENTER AND DEVELOPER FOR CONSTRUCTION OF A NEIGHBORHOOD CENTER ON CiTY PROPERTY LOCATED AT 2105 BROADWAY STREET AND AUTHORIZING THE MAYOR TO SIGN. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Kubby, to adopt RES. 89-233, Bk. 102, p. 233, RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY, IOWA, TO LEASE PROPERTY AT 2105 BROADWAY STREET IN CONJUNCTION WITH THE OPERATION OF A NEIGHBORHOOD CENTER, AND SETTING PUBLIC HEARING THEREON FOR OCTOBER 3, 1989. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-234, Bk. 102, p. 234, AUTHORIZING EXECUTION OF A DEBT FORGIVENESS AMENDMENT TO ANNUAL CONTRIBUTIONS CONTRACT KC9166 BETWEEN THE CITY AND THE FEDERAL GOVERN- MENT RELATING TO FUNDS FOR PUBLIC HOUSING. Kubby thanked staffmember Seydel for his memo and time spent on the program. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. I Moved by Courtney, seconded by Horowitz, to adjourn 8:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. HN MCDONALD, MAYOR I MARIAN K. KARR, CITY CLERK I i Informal Council Session September 18, 1989 Informal Council Session, September 18, 1989, 6:40 p.m. in the Council Chambers. Mayor McDonald presiding. Councilmembers Present: McDonald, Balmer, Ambrisco, Courtney, Kubby, Larson, Horowitz. Staffinembers Present: Atkins, Karr, Timmins, Smith, Schmeiser, Franklin, Davidson, Cain. Tape-recorded: Reel 89-52 Side 1 1 -END, Side END -1; Reel 89-53 Side 1, 1 -END. PLANNING & ZONING MATTERS: Reel 89-52, Side 1 A. Q C. Schmeiser reported the property was the subject of an earlier request by Pediatrics Associates to rezone the lot for the purpose of parking next to their office building; the City's Comprehensive Plan now advocates rezoning the property to a CO -1 zone. Schmeiser stated this Item is to Implement the newly adopted Comprehensive Pian. Horowitz asked If the land should be left ID -ORP. Schmeiser explained the land flows Into a different watershed. There are two little protuberances that extend north of the main portion of the property and it is those two little pieces of property that are being rezoned to ID -RS. Schmeiser explained that it is probably an area that could not be served with sanitary sewer service. Schmeiser explained that according to the Comprehensive Plan, the most appropriate use of the land is for single-family residential. Schmeiser explained the applicant -owner is now proposing to subdivide the area into 16 conventional single-family lots and the request is being conditioned to limit the maximum number of lots to which the property could be subdivided. Schmeiser noted the Planning & Zoning Commission has raised concerns relating to the environment in the area. Ambrisco Inquired about entrance to the subdivision. Schmeiser stated the subdivision would not connect with Ventura Avenue and entrance would connect to Old 1 City Council - Informal Meeting September 18, 1989 Page 2 19 E. F. Highway 218 on the east side of the road at the south end of the development. Horowitz inquired about the Fire Department review of the plans. Schmelser stated the Fire Department has reviewed the plat and is requesting that a 28 foot street be provided. Horowitz asked why the Planning & Zoning Commission did not request sidewalks. Schmelser stated because it is a low-density single-family development and often sidewalks are waived along cul-de-sac streets. Schmelser noted the City can at anytime assess the cost of the construction of sidewalks against the adjoining property owners. Kubby asked if sidewalks would be installed along Dubuque Street. Schmelser slated the development only involves a small portion of Dubuque Street and sidewalks can be considered sometime in the future if a lot of development takes place along Dubuque Street. Horowitz stated that she has a basic problem with a sophisticated city developing without installing sidewalks. Balmer stated environmental aspects of the area were considered in regard to not installing sidewalks. Schmeiser stated that anytime there are thru streets or streets with potential for high speed traffic, there should be sidewalks. Schmelser noted staff is not supporting the request being made and reasons will be set forth at Council's next meeting. Larson requested a memorandum from City staff regarding office uses in the Neighborhood Commercial Zone. Schmelser stated that variety stores are not presently defined in the Zoning Ordinance. Larson asked what a variety store is. Schmeiser stated that a variety store is like our drugstores in association with grocery stores, i.e. People's Drug. Kubby noted a distinction may be needed between variety stores and other types of stores such as convenience stores. Schmelser stated that convenience stores are defined as an auto and truck oriented use and have to be less than 4,000 square feet in area. Schmelser stated Mercy Hospital officials wish to add on to the west side of their building over a portion of the vacated alley right-of-way just west of the building. Schmelser noted Mercy Hospital has offered to pay $7,000 for the 12,000 square foot section of the alley, equaling approximately $5.83 per square foot. Balmer Inquired if the alley Impacted on any other properties. Schmelser stated that it is not presently an alley, it's a vacated rightof-way and does not Impact on other properties. Horowitz asked where Mercy Hospital's emergency parking lot will be located. Horowitz said It should be made sure that another house Isn't torn down for another parking lot. Larson requested guidance and information regarding the appropriate price for the right -of - City Council - Informal Meeting September 18, 1989 Page 3 G. 1.9 i i I way. Kubby Inquired about utility easements. Schmeiser stated there is presently a 20 foot utility easement over the right-of-way and Mercy Hospital will have to relocate utilities if they are in the way. In response to Kubby, Timmins stated the portion of the alley under consideration is east of where the houses are located. Balmer requested a map of the area. Schmeiser explained the applicant wants to vacate and incorporate the right-of-way of Olympic Circle in with the land they own to make one contiguous tract of land that they can develop. Atkins stated the applicant is proposing a land swap with the City and proposes to swap this property for property located near Napoleon Park on the river. Balmer asked what is being envisioned for long-term use of the property next to Napoleon Park. Atkins stated the property could be used for preserving the riverfront and the property is a logical extension of Napoleon Park. In response to Kubby, Atkins stated no cash is involved. Horowitz raised concerns about the need for parking in the Olympic Circle area. Atkins stated the cul-de-sac will become a parking lot for the PPT project and they will meet all the Code requirements with respect to parking. Atkins noted Southgate Development has requested to proceed with construction of the parking lot, at their own risk, prior to approval. Council agreed to that request. Schmelser stated Councilmembers previously requested information regarding the location of these lots in the community. Schmelser stated lots are located in the following areas: Scoff Boulevard, First Avenue, Highway 6 Bypass, Sycamore Street, south of Highway 6 Bypass, Muscatine Avenue, Mormon Trek, Melrose Avenue, and Rochester Avenue. Schmelser noted these are locations where the City did not permit direct lot access to arterial streets and therefore required lots to be platted as double frontage lots with access to interior streets. Schmelser explained that the following areas are undeveloped CO -1 tracts of land in Iowa City: 1) property along Northgate Avenue, east of Highway 1 North and north of 1.80; 2) parcels around the Towncrest Complex; and 3) prope of the ATC Circle in the vicinity of Howard Johnson's, rly in a wooded ravine off City Council - Informal Meeting September 18, 1989 Page 4 J. K. i L. M. N. 0 No Council comment. Schmeiser stated legal papers have not been finalized. Schmeiser recommended this item be deterred. Schmelser presented a plat map of the area. Schmeiser explained this is an amended LSNRD plan that had previously received approval. Schmeiser explained the applicant is now proposing to locate parking to the rear of the building rather than in the front. Schmeiser presented a plat map of the area. Kubby asked if the developer will pay for the watermain and fire hydrant. Schmeiser said yes. Schmeiser presented a plat map of the area. Schmeiser stated the plat is straight- forward and is ready for Council consideration. Kubby asked if the old farmhouse will get torn down. Balmer stated information outlined in Karin Franklin's memo states that the existing house and garage on Lot 6 is shown for removal. Kubby asked if the area is needed for functions other than National Guard functions. Schmelser stated they need parking for themselves. Kubby asked if It was typical for the City to lease the property for one dollar. Schmeiser stated that consideration was given to this price because the National Guard is another governmental body. Kubby stated she has problems in general in participating in helping the National Guard. i 1 City Council - Informal Meeting September 18, 1989 Page 5 Horowitz stated that she would rather put defense money on the relationship between the VA Hospital and the homeless versus a parking lot. Kubby inquired about provisions requiring use of the area as parking not practicing. Schmeiser stated that provisions in a lease agreement limit its use for parking only, Balmer noted the National Guard has been a good neighbor. Larson inquired as to why the City does not sell the property. Schmeiser indicated that the property is not needed for street purposes and noted that after four years the City can terminate the lease. DOWNTOWN DEVELOPMENT SOUTH OF BURLINGTON STREET: Reel 89.52, Side 1 Atkins made a presentation regarding the potential for development south of Burlington Street. Atkins stated there are three basic Issues: 1) downtown development; 2) the Council's interest in development south of Burlington Street; and 3) these development Issues cannot be considered without an analysis or consideration given to the effect of the development and parking policy on the surrounding neighborhoods. Atkins stated the issue is one of a policy for downtown and its surrounding neighborhoods. Atkins discussed that any development policy has four basic elements: 1) density, 2) location, 3) type of development, and 4) parking. Atkins stated that with respect to the downtown, the City has made a significant public financial commitment with respect to the issue of parking, that is, the City builds parking for the downtown. Atkins stated that how Council reviews development policies will depend on a great deal on how Council is going to deal with parking. Atkins emphasized the issue of parking will constantly arise. Atkins stated the assumption is being made that Council will continue the policy that parking is to pay for itself, with no cash subsidies. Atkins stated the development policy should come first and parking should be a part of that development policy. Atkins stated a question needing to be addressed by Council is where does Council want to locate the highest Intensity development in the community. Atkins stated there are two options: i) keep high Intensity development in the immediate downtown area; or 2) loosen some of the City's development standards to allow high Intensity development elsewhere in the community. In response to Larson, Atkins said consideration should be given to all aspects of development, not only residential, but commercial and mixed use. Atkins stated that if intense development Is not in the downtown area, there are practical consequences - development is going to creep out to surrounding neighborhoods. Atkins stated he believes the City needs some kind of policy of containment addressing where the City is going to put high density development. Atkins stated if the City is going to have intense development in the downtown area, the real and perceived needs for parking will need to be considered. Atkins noted a significant increase in the parking requirement would inhibit high-rise construction whereas if parking requirements were eliminated in the CB -2 zone, construction would likely be Initiated right away. Atkins asked if the City is to become the ultimate provider of parking in the immediate downtown area, Atkins stated that in any development policy, there are going to be certain elements that are inevitable: 1) the City is tied to the issue of parking; 2) no way is the City ever going to fully meet the parking "demands"; 3) if the City is going to approach the parking problem, the City _3�- a.5 City Council - Informal Meeting September 18, 1989 Page 6 has to attack it in a comprehensive fashion - tying it directly to development; and 4) the City j needs to allow for development opportunity in the downtown. I j Atkins suggested ways in which to continue high intensity development in the downtown area; 1) the need to designate in the downtown a planned redevelopment area; 2) the City would develop within that district a comprehensive and systematic parking policy; and 3) make developments pay for their parking requirements, such as direct cash subsidies for the operation of public parking facilities in the area. Atkins explained payment could be made in a number of ways including tax incremental financing district, payment in lieu of, and self- supporting municipal improvement district. Atkins stated that cash payments would assist the f City in construction of parking to accommodate development desired in the area. Atkins said i the attempt is to contain the City's intense development, confine parking and development policies to the area, control the growth of the downtown area, and to reduce high density development decisions in neighborhoods the City is trying to preserve. Atkins stated staff can stage parking development throughout the district to accommodate the kind of development Council wants to occur. Atkins stated staff would receive Ideas from Council and give Council a schedule of parking that accommodates the development plan under consideration. Larson asked if current parking requirements for various uses would be changed. Atkins stated yes. Horowitz suggested use of a circulating mini bus be tied in with development. Atkins stated that they would need to have some kind of circulating system when the area became fully developed to allow people to move around in. Horowitz raised concerns about the University of Iowa's sprawl and said it should be taken Into account. Atkins stated the legal implications and what kind of control the City can exercise would need to be considered. Atkins stated Council can draw boundaries and specific uses can be established. Balmer stated the concept as presented offered flexibility and has merit. Atkins emphasized that the critical element is that the City is extending planning authority further than what has been traditionally done. Kubby raised concerns regarding the potential for low-income housing being torn down and asked what kind of Incentives the City could establish in the area for low-income housing. Atkins replied that the housing policy needs to be discussed and Council can establish certain requirements for the district. Kubby stated that housing for low-income persons needs to be considered. Atkins stated certain incentives can be built Into the development policy. Atkins stated that the development policy should be one of which parking is only one I component. Council discussed the concept of development south of Burlington Street. Horowitz said it is not Impossible to have a parking and transit plan. McDonald stated south of Burlington Street Is an area prime for redevelopment. McDonald stated the City should go full steam ahead regarding development of various options for the area. Larson stated that there needs to be flexibility with regard to parking. Larson expressed concern that the City maintain control regarding the parking process. Atkins stated it is critical for Council's acceptance or willingness to define an area and that staff can come up with a general development plan. Atkins emphasized that the bottom line is the process of containment - that area the City wants to see Intense development to occur. Courtney reminded Council that the dynamics of the Council as a body could change, Horowitz asked that staff seek University j o1 Iowa plans for the area. Council and staff referred to a map of the area. Atkins stated the City will have to Identify parcel -by -parcel the ownership of the properties in the area. Balmer inquired about the timeframe for development plans. Atkins stated that a tremendous amount of work will need to be done and the next step will allow taking the concept to the Planning I 1 ■. _ City Council - Informal Meeting September 18, 1989 Page 7 & Zoning Commission. Ambrisco stated that staff will need to look at the concept of �. development and parking in tandem. Ambrisco said he would like to see parking garage, residential permits and buses considered. Atkins stated there will be a lot of peripheral issues involved. i Kubby inquired about a moratorium on new development applications for the area. Timmins stated that a moratorium ordinance process would need to include a public hearing and ordinance. Kubby suggested that development be put on hold. McDonald stated there is not Council majority that would really want to look at establishment of a moratorium ordinance. Council agreed to direct staff to develop the downtown development south of Burlington Street ; concept as presented. COUNCIL TIME: Reel 89-53, Side 1 1. Atkins noted he has prepared a pending list of 25 items to present to Council to be used as a working list. 2. Larson requested Council take action regarding Cliff Apartments. Timmins suggested Council schedule a closed session regarding this Issue. McDonald stated a closed session can be scheduled In two weeks to discuss action. f 3. (Agenda Item No. 3.e.4.d&e - Parking prohibition in the alley bounded by Washington Street, Unn Street, College Street, and Clinton Street.) In response to Courtney, Timmins stated that recommendation is based on an ordinance that has been drafted, but has not been finalized. Timmins suggested Council hold off on adopting these items until staff has the ordinance prepared. Council agreed to delete items d and a (I from the Consent Calendar. l 4. Atkins noted the City has received correspondence from Montessori School regarding acquiring the 510 Reno Street property. Atkins stated Montessori School has agreed E I: to utilize the property for green space, not parking, and will not expand the playground equipment to the west. Montessori School will move Us playground fence to the north. Council agreed covenants are needed regarding that agreement, 5. (Agenda item No. 6 - Public hearing on the sale and conveyance of Lower Ralston Creek Parcels C and D to S -M Partners.) Horowitz asked H this dovetails with the Maiden Lane bridge plan. Atkins stated no, this is an Independent project. 6. Horowitz noted the JCCOG meeting is scheduled for Wednesday. Larson said he didn't have any questions. Balmer said he would not be able to attend. 7. Ambrisco noted the Council Rules Committee will meet Tuesday at 7:00 p.m. 8. (Agenda Item No. 7 - Resolution approving a contract for the sale of land for private redevelopment with S -M Partners for Parcel D.) Larson stated that the City needs to publicize in a different way the sale of City property. City Council - Informal Meeting September 18, 1989 Page 8 9. In response to Karr, Council discussed October, November, and December meeting schedules. It was decided that formai Council meetings will be scheduled October 3, 17, and 24; November 14 and 21; and December 12 and 19. Councilmembers suggested scheduling informal Council meetings on Tuesdays prior to the formal meeting. EXECUTIVE SESSION: Moved by Courtney, seconded by Larson, to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where Its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. .The Mayor declared the motion carried and adjourned to executive session, 8:35 p.m. I i i li �� II