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HomeMy WebLinkAbout1988-05-03 Council minutesInformal Council Discussion April 18, 1988 Informal Council Discussion: April 18, 1988 at 7:05 p.m, in the Council Chambers in the Civic Center. Mayor John McDonald presiding. Council Present: Strait, Larson, Ambrisco, Dickson, Courtney, McDonald. Absent: Horowitz. Staff Present: Atkins, Helling, Timmins, Karr, Smith, Trueblood, Thomas, Fran ln, eagle, Davidson, Robertson, Cain, Schmadeke. Tape Recording: 88-24, Side 2, 541-1; 88-26, Sides 1 & 2; 88-27, Side 1, 1-202. Consent Calendar Additions: Reel 88-24, Side 2 City Council agreed to add to the consent calendar a motion approving a special Class C beer/wine permit for Manifico, Inc., a Class C liquor license license for Vine Tavern, and a resolution authorizing the City Manager and City Attorney to execute and enter a consent decree with the Iowa Department of Natural Resources regarding the City's wastewater facilities improvement project. Planning & Zoning Matters: Reel 88-24, Side 2 A. Public hearing on an ordinance establishing a procedure for collection of ��n ranav ava nnarc nr [n5t5 ln[m Yl�1n n Tln t: -S1 11C Franklin said this item was initiated because of Southwest Estates pro- ject. The ordinance allows for intervening property owners, when they do develop their properties, to pay the cost of what would have been their share of the infrastructure extensions. B. Ordinance establishing a procedure for collection of fees to repay devel- See above item a. C. Public hearing c 0. use cra the 1983 Beagle said this would facilitate the rezoning of the tract ID -RS to RS -5. See above item c. I E. 3 Beagle explained the Conditional Zoning Agreement latt would into permit lmore acres of the 42.54 acre tract to be rezoned and p than 27 residential lots with the agreement that no further rezoning of the remaining tract shall be allowed until secondary access is provided. Expedited consideration of the rezoning has been requested by the appli- cant. F. See above item e. G. itated est o rezone e area to Franklin to allowtaiswas plannedrdevelopmentb for 112u unitt h retirementresidence for the elderly. H. See above item g. I. Franklin said the rezoning request was recommended for approval oy Lne Planning and Zoning Commission by a vote of 6-0 to rezone property RS -8 to RM -12. The RM -12 zone was chosen because the planned development (OPOH-12) underlying zone RS_12 is immediately north of this property and permits rooming houses and multi -family. The elderly housing project se kwill be a ind of use. Franklin ned 1presented Councilopment and most with closely of them projecint. J. Ordinance to rezone 4.75 acres in the southwestromadrant oof the intersec- See above item i. 3 K. Public hearing on an ordinance to establish a Planned Development overlay OPDH-12 on 4.75 acre tract to the southwest uadrant of the intersec ion OT WdWell MUGU an ormon IT'UK bUU1eVCTU. No Council comment. L. Ordinance to establish a Planned Development overlay (OPDf 1, den Road acre tract 1n the sout west uad Fnt 0 - c ana Mormon IreK DUUICVGIU, No Council comment. M. Ordinance to rezone the site of Hunter's Run Subdision, Parts 2 and 3, an acre rat imme is e y o e wes rom - o Franklin stated no comments were received at the public hearing. N. Ordinance 10 rezone ro ert located at 615 East Jefferson Street from 0 Franklin said this is a request from First National Bank for a parking lot for Pediatrics Associates. Franklin suggested Council defer co se fo eration of this item if the Council vote would be 3/3. In response to Larson, McDonald said requests by individual Councilmembers to delay action on an item are handled on a case-by-case basis. 0. Resolution settin forth reasons for the denial of rezoning of property locatedat bij La—a erson i See above item n. P. Ordinance to Lot 93, T 'n Cae Subdivision, Part 2, located on Cambria Court rom o No Council comment. Q. Resolution a rovin the reliminar and final lat of Cambria Court, ar a acre ree o rest en is su iv s on oca a nor611o Cae Drive an west o am r a Court. No Council comment. R. Ordinance regarding storage of special vehicles. No Council comment. S. Resolution a rovin the revised reliminar la and the final tat of i a e reen ar a o sin a ami res en.ia su vision oca a sou an wes o e 1114U1--11ion o usca ne venue an co Bou evar . Beagle said the legal documents should be in final form and ready for Council consideration by Council's formal meeting. 11 4 T. Resolution approving the preliminary plat of Idyllwild Subdivision, a 20.80 acre, 68 -lot residential subdivision located west of Dubuque Street between os er Road and TaftSpeedway. Beagle said on April 5, 1988, the Planning and Zoning Commission recom- mended approval by a vote of 4-2 subject to two stipulations: 1. warrants study being completed for signalization at Foster Road and Dubuque Street, and at Taft Speedway and Dubuque Street, and 2. the Council authorizing an assessment project for the improvement of Foster Road, Taft Speedway and Calibria Court. All deficiencies and discrepancies concerning the plat have been resolved. Beagle recommended deferral of this item until May 3 to allow for completion of the warrant study. (See items U and V) U. Recommendation of the Planning and Zoni vision. Beagle said the Commission made the following recommendations: 1. If the Council finds assessment inappropriate or not feasible, that prior to preliminary plat approval, an amendment to the subdivision regulations be adopted to require subdividers to place in escrow an amount in cash, with interest staying in the escrow account, equal to the estimated share of the cost of off-site improvements and 2. That a traffic study be done on Dubuque Street from I-80 to Park Road. Franklin explained that criteria normally used to indicate a need for a traffic study such as accident history, capacity constraints, and lower functioning roads in rapidly developing areas, are not present in this situation. Franklin requested direction from the Council if Council requests a traffic study. McDonald said roads that will serve the devel- opment will need to be brought up to standards. Franklin said Council will need to address who will pay for those road improvements. Larson asked if the City does not have the funds budgeted to pay for the im- provements and feels it is unfair to assess the existing property owners, can that be used as grounds to deny the subdivision. Timmins said that issue will need to be studied. In response to Strait, Franklin said Taft Speedway would need to be built up approximately 1-1/2 feet; Frank Farmer has indicated that Taft Speedway can remain below the 100 year flood elevation and that there needs to be sufficient differentiation in the grade of the road to allow water to runoff Taft Speedway into the stormwater system. Franklin said Farmer recognized the need to consider properties south of Taft Speedway and the ability of those properties to gain access to Taft Speedway. In response to Strait, Franklin said that a 1-1/2 foot increase in elevation of Taft Speedway would not create a dike. Franklin suggested that Farmer present Council with additional information. Strait asked if the City should retain a hydraulic Engi- neer. Franklin noted that Mr. 6liitala provided information at the infor- mal Planning and Zoning Commission regarding the flooding occurrences. Franklin said Mr, Clark asked Mr. Wiitala if there would be a change in the flooding elevations as a consequence of the proposed development and Mr. Wiitala said there would be negliglble difference. Ambrisco inquired about the Planning and Zoning Commission recommendation that the City accelerate improvement of the public roadway in the CIP and what the cost would be to bring the roads up to standard. Atkins said he did not know what the City's share of the costs would be but would find out. Courtney asked staff to study the left turning movement off of Dubuque Street onto Foster Road and the impact of the increased traffic. Jeff Davidson explained the warrant study refers to the warrants for install- ing the traffic signal and a capacity analysis could be used to forecast what would be needed to have traffic operate on a level of service the City considers acceptable. Davidson said issues to be considered are the intersection of Foster Road, the intersection of Taft Speedway, intersec- tion of Kimball and pedestrians. Larson said Council needs to know all of the options for the intersections as they relate to the proposed de- velopment. In response to Strait, Franklin said that Calibria is 18 to 20 feet wide, Taft Speedway is 25 feet wide and Foster Road is 28 feet wide. Franklin said that Taft Speedway and Calibria will be upgraded to 28 feet wide and Foster Road will be upgraded to 28 or 31 feet. Strait stated that he has received three letters relating to this issue that he would like entered into the record. Karr recommended accepting corre- spondence into the record at Council's formal meeting. McDonald asked if any staff members have the expertise to address flooding issues. Franklin responded that the staff uses the expertise of the Federal Emergency Management Agency (FEMA) and the State Department of Natural Resources (DNR) She explained that there are two philosophies about floodplain development: 1) never develop in the floodplain and 2) permit development by defining a floodplain and a floodway. The floodway is where the water is right now in the Iowa River and the calculated area that would contain the 100 year flood if the floodplain was completely developed. The floodplain can be completely filled and developed to one foot above the 100 year flood level and the floodway that remains would have the capacity to carry that 100 year flood. Franklin said FEMA and DNR subscribes to the second philosophy, The City of Iowa City also uses this philosophy and has adopted DNR's model floodplain management ordi- nance. Franklin noted that Barry Beagle has had lots of experience in floodplain management. Franklin suggested that staff could prepare addi- tional information on floodplain management for Council's next informal session. Franklin noted that if the City adopted first floodplain man- agement philosophy of no development in the floodplain, the City would need to face buying the land. In response to Larson, Beagle stated that there will be a slight increase in the floodwater elevation as a result of development. Beagle explained that according to the floodway map design in the flood insurance study produced by FEMA, if the floodway fringe area outside the floodway is 100% developed, the area near the proposed development will not experience more than 8/10ths of one foot increase in the floodwater heights for the 100 year storm. Beagle stated that the proposed subdivision will not really have any greater effect on the use and enjoyment of adjacent properties than if that subdivision is not developed. In response to Strait, Beagle said that the City has a flood insurance study commissioned by and approved by FEMA, DNR, and the City of Iowa City, which considered the watershed of the Iowa River. Courtney requested 'information about flooding on Normandy Drive. V. Courtney also inquired about a March 30 correspondence from Joyce DeLong regarding the depth of the water on paved surfaces. Beagle explained that, for emergency services, emergency vehicles can in up to 1-112 feet of water. Ambrisco asked if the Planning and Zoning staff addresses marketability of development. Franklin stated that it is discussed informally with the developer; however, if the zoning is in place and the City codes are met, staff cannot recommend denial of the subdivision based on a sense of the project not being marketable. In response to Courtney, Franklin stated that the proposed development was zoned R-18 prior to December 1983. That tract was looked at in the 1978 Comprehensive Plan as being appro- priate for low density single-family development, the tract was reviewed in the 1983 Comprehensive Plan Update, and the decision was to zone it to RS -8 at the time. Larson asked what changes would be needed in the floodplain ordinance to deny housing in the floodplain. Franklin stated that the City would need to define under what conditions development would be prohibited. In response to Strait, Franklin said that the Urban Environment Ad Hoc In did not specifically target floodplains because the floodplain ordinance was already in effect. Larson asked if outside expertise should be utilized. Franklin stated that if Council does not feel comfortable with the information provided by City staff it would be advisable for Council to seek expertise in hydrology. Franklin stated that City staff relies very much on federal and state agencies that are trained in these areas. Franklin encouraged Council to consider very carefully the consequences of a change in how development is dealt with in the floodplain. Atkins stated that a hy- draulics study and traffic study will be pursued. Council received input from Samuel Fahr recommending deferral of this item. Council agreed to defer this item and discuss it again in two weeks. See above item u. Recycle Iowa; Reel 88-26, Side 1 Joe Bolcom, representing Iowans for Recycling, provided information about the recycling program for Iowa City. Bolcom reported that Iowans for Recycling are preparing an Iowa DNR grant application to do a recycling feasibility study that would encompass the City of Iowa City. ted at recyclinginIowathCityoandiofferpin-kind esupportn of such support pofficer space nand telephone services. McDonald stated that he recently attended the National League of Cities meeting with Courtney and Dickson and received information on the disposal of solid waste. Larson noted that the Eastern Iowa Council of Governments is addressing recycling. Councilmembers discussed the 7 incineration, incentive programs and the general issue of recycling. Council received input from Karen Kubby. Mayor McDonald agreed to prepare a letter of support for the grant application. Adopt -A -Bed: Reel 88-26, Side 2 Bruce Haupert introduced City staffinembers Terry Robinson, Terry Trueblood and Sheri Thomas and presented information about the Adopt -A -Bed project. Haupert said the Design Review Committee originated the idea to put together a volunteer effort to assist the City in the downtown Plaza area. Haupert stated the downtown Plaza plantings were reviewed by an Iowa State University horticulturist, Design Review Committee members Patt Cain and Jim Maynard. The Downtown Association and Project GREEN have donated funds to obtain professional services. Jim Maynard was hired to prepare a general concept plan, including a maintenance plan for each bed. Haupert reported that Peg McElroy has obtained a grant to hire Mayor's Youth Corp youth to do the initial work on the beds. Haupert explained work will be done on 36 of the 44 beds, 25 people have volunteered to help, and contributions have been received from Project GREEN, the Downtown Association, Rotary Club, Heritage Cable TV, area businesses, Stevens Sand and Gravel, and area residents. Haupert informed Council that changes in the downtown area include removing four Australian pines, two oak trees, dead plants and the half barrels. 50-75 bushes and timbers will be purchased. Haupert asked that the City consolidate the newspaper vending machines into a single location and to address the issues of the signs located at the north entrance of the Plaza. Haupert said volunteers will be responsible for the watering, cleaning and fertilizing of the beds. Terry Robinson will be responsible for the major pruning. Councilmembers noted their appreciation for Haupert's efforts. Haupert congratulated the efforts and tremendous assistance from City staff. In response to McDonald, Timmins said the news- paper vending machine ordinance has been drafted and presented to Council. Appointments: Reel 88-26, Side 2 Senior Center Commission - Emnett Evans Historic Preservation Commission - Sue Licht Council Time/Agenda: Reel 88-26, Side 2 1. (Item 3.F.2. - Correspondence) McDonald noted correspondence was received from Atty. Emmit George regarding the beer garden for Sports Column Bar and Grill. McDonald noted the beer garden had been discussed and denied previously and suggested existing beer garden criteria be sent to Emmit George. 2. (Item 17 - Auditor) Ambrisco reported that he had contacted McGladrey's regarding the award of the annual audit to Pete Marwick, Main and Company and after discussions agreed with the staff recommendation to award to Pete Marwick. 3. (Item 3.F.3. - Strait) Courtney raised concerns re the parking prohibi- tion on Princeton Rd. Atkins said he will obtain additional information. Council agreed to remove this item from the agenda. 8 4. Helling noted Council received the April 13 memo from Roy Justis regard- ing BTC's recommended course of action regarding a non-profit organiza- tion (NPO) to operate and manage public access channel 26. Council agreed to BTC's recommended course of action. 5. Strait noted the resignation of Phyllis Alexander, Civil Rights Coordina- tor. Executive Session: Reel 88-26, Side 2 Moved by Ambrisco, seconded by Courtney, to adjourn to executive session under Section 21.5.c. to discuss strategy with Council on 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 and Section 21.5.j. to discuss the purchase of par- ticular real estate only where premature disclosure be reasonably expected to increase the price of the governmental body to have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction and discussion is completed. Affirmative roll call vote unanimous, 6/0, Horowitz absent. Mayor declared motion carried. Council adjourned to executive session at 9:30 p.m. OFFICIAL COUNCIL ACTIONS - 4/19/88 The cost of publishing the followug proceed- ings ad claims is S. Cumulative cost for this calendar year for said publication is $ ' -Iowa Council, reg. mtg., 4/19/88, .7:30 p.m. at the Civic Center. Mayor Md1Qald presiding. Cancrlmabers present: duoI Dickson, Larson, McDonald, Strait. Absent: Horowitz. The Mayor proclaimed April 17-24, 1988 as VOLuiTEER WED(; April 17-23, 1988 as VICTIM RIGO WEEK; April 23, 1988 as SPRING CLEAN-UP DAY; April I 22, 1988 as GIRL SCOUT LEADERS' DAY - Moved and seconded that the followirg itms and reccmerdations in the Consent Calendar be received or approved, and/or adopted as amended: Approval of official council Act°f the regular meeting of 4/5/88, as published, subject to correction, as recommended by the City Cleric. Minutes of Boards and Commissions: City Council and P8Z Comm. joint meeting - 3/31/88; P8Z Comm. - 3/17/8B; Bd. of Library3 , T wtees- 4/5/88; 3/31/88; Airport Calm- Housing Ccnm. - 3/8/88; Design Review Comm.- 3/31/88; Broadband Telecomm. Comm. - 3/l/8B, fl 3/15/88; Resources Conservation Cc m.- 3/14/88; P&R Comm. - 3/9/8B• Permit Motions and Resolutions: Class C Liquor License for Billaro's, 1210 Hicjnlad Ct. Class C Beer Permit for Leo's Standard Savice, 130 N. DibIW. Class C Baa" Petmit far H is i Discount, 71 Camercial Drive. RES. 8B-64, ISSUING A CIGARETTE PERMIT. Special Class C Beer/Wine Permit for C1WificO' Mostly Italian, 1925 Broadway for The Vine Tavern, 529 S. Gilbert. Motions: Approving dish wwts in the mount of $2,276,002.98 for the period ioFinance 11 through 2/29/88, as reconnwW Y Dir., subject to audit. CC Resolutions: RES. 88-65, ADDPT% SlRP1.M9 35 TD 11E CGDE OF DFOWO FOR 11E CITY OF IM CITY, IOWA. Correspondence: Johnson County Auditor regarding cost of Local option Tax Election pproposal outside 6/tservice area for Sports rge regarding Bar and Grill. Memo from the Civil Service Comm, submitting certified lists of applicants for the following positions: Treatment Plant operator/Pollution Control; Maintenance worker I/Assisted Housing; Water Meter Reader/Water Division. Applications icaPublic ons Tu r er for the lora Gay Gand t Official Actions April 19, 1988 Page 2 Lesbian Pride Week Parade to be held on 6/25/88, approved. Michael Streicher for the National Kidney Foundation-Iaa ftrV%lk to be held 5/21/88, approved. Jackie Kaiser for the March of Dimes Walk -America to be held on 5/1/98, approved. Chris Metzler for the Delta Tau Delta Fraternity to use a city alley for a fund-raising car wash on 4/16/88 (rain date 4/17/88),pi�iron or City Plaza Use Permits: { Latin American Huron Rights Advocacy Center to have a table an City Plaza from which to distribute literature and accept donations for craft item, approved. 1 The Mayor declared the motion carried. A public hearing was held on an ordinance establishing a procedure for collection of fees to incurred in r costs off-site developers facilities needed to sulpont aat� idevel 4 s ted and recorded that the rule requiring ordinances to be considered and voted on for final i passage at tin Cantil meetings prior to the meting at which it is to be finally passed be suspended, Irst the f second considerationon be 9ivenatbthisitime. The ved and the t Mayor declared the notion carried. Moved and j seconded that the ordinance establishing � 1 for collection of fees to repay incurred in installing off-site Public facilities needed to support out -of -sequence development, be given second vote for passage. The Mayor declared the motion carried. A public hearing was held on a resolution to amend the 1963 CmPrehensive Plan Update to change the land use designation of an 18.43 acre tract north of Rochester Avenue on Hickory Trail extended i from Agricultuural/fEural Residential to Residential at a density of 2-8 daellirg units per acre. Moved and seceded to adopt RES. 88-66, AME?DIM 1iE 1983 CDMVISIVE PLAN UPDATE TO pyM{ IM LAM 115E DESIGATICN OF AN 18.43 PURE TRACT No CF MEM AVM SI HICKORY T TO RAIL IXTE W FO AGRICULTLM�TM RESIDENTIAL AT A DENSITY OF 2-8 DiEI.LIMG UNITS PER ACE." and recorded that the rule requiring ordinances to be considered and voted on for final passage at two Cantil meetings Prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be vaival and that W. R AVMI X CN HIaW SLFTRAIL EX M FR[M ID- Official Actions April 19, 1988 Page 3 RS TO RS -5 P1R51NM TO A CMITICN4L ZCNING AGE- ft Moved and seconded to adopt RES. 88-67, APPRDVING THE PRELIMINmFtV PLAT OF FIRST AND FESMM SIDIVVIISSIICN LAGITED NMM OF FMEST� AVME CN HICIM TRAIL DCTENDED. A public hearing was held an an anendmnt to the Cmprdxwive Plan to charge the lard use designation for an area south of Willa creek and west of tbmon Trek Boulevard from Residential 2-8 dwelling units per acre to Residential 8-16 Belling units per acre. Moved and seconded to adopt APPROMS AN AMMENT TO TLE CCHT&E?SE PUN To GWM 11E LND USE DESIGIATICN FCR AN ALFA MM CF WILLCW CREEK ND WEST OF MM TREK BDL DAF0 Fro RESIDMIAL 2-8 GELLING LNITS PER ACRE To RESIMI- TIAL 8-16 MELL.ITG LNITS PER ALRE. A public hearing was held to rezone 4.75 acres in the southwest quadrant of the intersection of Walden Road and Wmion Trek Boulevard frau RS -8 to R4-12. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at too Council meetings prior to the neeting at hhich it is to be finally passed be susperdod, the first consideration and vote be waived and the second consideration be given at this time. The j Mayor declared the motion Carried. Moved and seconded that the ordinance to rezone 4.75 acres in the Road sand %os �enBoulevardt of the intersection of fron RS -8 to R4.1�2, be given second vote for passage. The Mayor declared the nmtion carried. A public hearing has held on an ordinance to establish a Planned Development overlzy (a%12) on 4.75 acres in the southwest quadrant of the inter- section of Walden Toad and Lbrmon Trek Boulevard. Moved and seconded that the rule requiring ordinances to be considered and ,rated on for final passage at two Council meetings prior to the maeting 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 tine. The Mayor declared the motion carried. Moved and seceded that the ordinance to establish a Planned Developnent Overlay (OPDI-12) on 4.75 acres in the southwest quadrant of the intersection of Walden Road and Moron Trek Boulevard, be giver woad vote for passage. The Mayor declared the motion carried. Moved and seconded that the ordiraKe to ram the site of ilrrter's Run Subdivision, Parts 2 and 3 and a 57.66 acre tract immediately to the wrest fran t Official Actions April 19, 1988 Page 4 P31i-5 to RS -5, be given first vote for passage. The Mayor declared the motion carried. Moved and seconded that the ordinarre to rezone property located at 615 East Jefferson Street from PNC -20 to CO -1, be given first vote for passage. The Mayor declared the motion denied. Moved and seconded to adopt RES. 8369, ffTTIN; FORTH REASONS FOR THE DENIAL OF RE2CNIH& OF FRRRIY LOCATED AT 615 EAST JFFFER9lY1 STREET. Moved and seconded that ORD. 88.3373, TO REVE LOT 93, TY'N CAE SL®IVISICN, PART 2, LOCATED ON CHRIA COI1Rf FROM PCH -8 TO RS -8, be passed and adopted. Moved and seconded to adopt RFS. 88-70, APPWVING TIE PRELIMIM AND FIML PIAT OF MOM Ca f, PART 2, A 0.71 AGE, THREE -LOT RESIDENTIAL RRIVISION LOCATED NORTH OF CAE DRIVE TVD WEST OF CHRIA OM. Mored and seconded that OCD. 88-3374, STORAGE OF SPECIAL VEHICLES, be passed and adopted. MYM and seconded to adopt RES. 88-71, APpID11ING THE REVISED PRELIMINARY RAT APD THE FINV_ PLAT OF VILLAGE GREW, PART XI, A 41 -LOT SIH..E- FAMILY RESIDENTIAL WIVISION LOCATED SODIH AND WEST OF THE INTERSECTION OF KSCATINE Avg" AVD SCOTT EIO BAFD. Moved and seconded to defer the following to the 5/3/88 Council meeting: A resolution approving the preliminary plat of Idyllwild Subdivision, a 20.80 acre, 68 -lot residential subdivision located west of D h que Street between Foster Road and Taft Speedway; a recamendation of the PM Gm cooenr- ing the inprovenent of Foster Road, Taft Speedway, and Calibria Court in association with the prelimi- nary plat of Idyllwild Subdivision; a reoamedaticn of the PAZ Comm. that the City Council request of the Johnson Canty Council of Governments that a traffic sb* of Dubuque Street between 1-80 and Paris Road be done. The Mayor declared the notion carried. Mored and secaded to arnoe�clpct the Ellen Wh� f Wite. ATThe Mayor declared the motion carried. Jeff llosak, 540 Hawkeye Ct., and Karen Bim, 414 S. Drfnuqute, distributed information re spraying of chemicals by pest control companies in apartments of tenants that have not been notified and infor- matiorVoontents of the chemicals used are unavail- able. The Mayor announced the following vacancies: Riverfront Com. - one vacancy for an ur�ired term ending 12/1/89; Design Review Com. -one vacancy for an indefinite term. These appointments will be made at the 6/14/88 meeting of the City Council. Official Actions April 19, 1988 Page 5 Moved and seconded to make the following appointments: Sue Licht, 611 Brookside Drive, to the Historic Preservation Comm. for an wired term ailing 3/29/9D; amtett Evans, 807 7th South, to the Sr. Center Com. for an wired tern ending 12/31/89. City Manager Atkins reported ilut Ioe City had .a been awarded $845,000 in state and federal aid fron IDOT for a orae million dollar project for Wry. 1 North ioprovarents. Moved and seconded to adopt RES. 88-72, A KRIZING THE M1YOR TO EXECUTE AND THE CITY CLEX TO ATTEST THE ELEVEMH RQNEDPNL OF A 28E PfREDMENT BETWEEN IOWA CITY AD JOiN50N COUNiI FOR TRANSIT SERVICES. Moved and seconded to adopt RES. 88-73, AITDRIZING ISSIIWNCE OF A CERTIFICATE OF CU41HICN FOR MAN RENDiaL IKEI 65-2b, part of the Paul - Helen Building. Moved and seconded to adopt RES. 8B-74, i PDOPTING THE ARM FIDGET FOR FISCAL YEAR 1989, ENDING JUE 30, 1989, FOR PUBLIC H1BR8 MMIS 3, 4, 5. Hoved and seconded to adopt RES. 88-75, ATiH7RIZRG THE MAYOR TO SICU AND TIE CITY CLERK TO AM -ATTEST AN IONA DEPARMW OF TR46MATICN MDT FOR URBAN -STATE TRAFFIC ENGIWERING PROGRAM pROXCT FOR TIE U.S. 6 AND KECHQK STREET INT9M- ! TION Ip TMIEMENTS. i Moved and seceded to adopt RES. 88-76, AIUKRIZ]NG AND DIRECTING THE CITY ENGINEER TO EXECUTE M APPLICATION TO TIE ION DEPMMMNT OF TRANSPORTATION FOR PERIISSICN FOR 115E OF HIOWIY RIGHT -OF -MY FOR UTILITIES PLC)MATIOV, AND AMIZING THE CITY ENGINEER 70 EXECUTE ALL SUCH APPLICATIONS ON THE CITY'S BOW IN TIE RIfU+E, AD TO APPROVE SUCH APPLICATIOS BY THIRD PARTIES. Moved and seconded to adopt RES. 88-77, ARHORIZIM TIE AXNIISITION OF AN AD= FOOD RIGHT - OF -WRY TO THE SIDE OF THE PLAtNEID SOUTH MSIDYN71R TRFATMDIT PUPNT IN MMOR CONTY, A1. IN Mflr N WITH IDN4 CITY'S WSTEYNTIR FACILITIES 11490VDENTS PPDJECT. Moved and seconded to adopt RES. 88-78, A'PBWING AODF?DtM NJM 2 TO THE PIM, SPECIFICA- TIONS AND FORM OF CONTRACT TO CHME THE DATE FOR CO4RNCEMt]NT OF OSTRUCTION OF THE ON WU6ATER TREATMENT PLANT FRCN JPNYKY 1, 1989, TO "UST 1, 1988, AND AUTHORIZING THE R1BLIC WORKS DIRECTOR TO ISSUE AS NECESSARY FIRM A)OM THERETO CLARIFYING AD EXPLAINING THE SAID PLANS, SPfCIFIOA- TIONS AND FORM OF CONTRACT, ALL IN CONECTION WITH TIE PROJECT TO CONSRU THE EXCESS FLOW AND WASTB ATER TREATNfNT FACILITIES AT THE EXISTING 0 Official Actions April 19, 1988 Page 6 WISTEWATER TREATHNT PLANT AND TO CMTRLCT THE SOM WISTEW4TER TREATFENT FACILITIES. Moved and seconded to adopt RES. 88-79, ENGAGING AUDITOR FOR YEAR ENDING ME 30, 1988. NNW and seconded that ORD. 88-3375, ARMING. CWI7TM 9.1 ENTITLED "CITY PLAZA" OF THE CODE OF ORDINANCES OF THE CITY OF IOlia CITY, ICA, BY AMENDING SECTION 9.1-4 THEREIN TO PR WIBIT AND REGIME THE USE OF BICYCLES, SKATE BOM, ROLLER L SKATES AND COASTING OF ANY KIND IN THE CITY PLAZA, be passed and adopted. roved and seconded approving Holiday Im to alter their pramses; authorizing than to proceed with appropriate subordination agreement concerning mortgages not to exceed $2.4 million; and this be done with the understanding that there be no occupancy certificate issued for the e)Wion until the City has concluded all mortgages and financial reviews that are necessary. The Mayor declared the motion carried. j roved and seconded to adopt RES. 86-80, AI MJRIZING THE CITY M9NW NO CITY ATTORNEY TO j i D(ECIlTE AND ENTER INTO A ODP W DECREE WTTN THE i IOWA DEPARTMENT OF NATLPX REMNES REGARDING THE CITY'S WLSTE11aTER FACILITIES MOMENTS PROJECT. � roved and seconded to adjourn 9:00 p.m. The Mayor declared the motion carried. For a more detailed & complete description of Council Activities 8 Disbisements, see Office of City Cleric and Finance Department. , C rfDUYQD, W1YOR s/?YIRIAN KaR M.a�J.,-K O j Submitted for publication 4/28/88. i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES April 19, 1988 Iowa City Council, reg. mtg., 4/19/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Larson, McDonald, Strait. Absent: Horowitz. Staffinembers present: Atkins, Melling, Timmins, Karr, Franklin, Vitosh, Cain, Schmadeke. Council minutes tape recorded on Tape 88-C28, Sides 1 & 2, 1- L End; 88-C29, Side 1, 1-149. The Mayor proclaimed April 17-24, 1988 as VOLUNTEER WEEK; April 17- 23, 1988 as VICTIM RIGHTS WEEK; April 23, 1988 as SPRING CLEAN-UP DAY; April 22, 1988 as GIRL SCOUT LEADERS' DAY. The Mayor noted the additions to the Consent Calendar. Councilmember Courtney requested the memo from Traffic Engr. regarding parking prohibi- tion Princeton Road at First Avenue be deleted. Moved by Ambrisco, seconded by Strait, 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 4/5/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City Council and P&Z Comm. joint meeting - 3/31/88; P&Z Comm. - 3/17/88; Bd. of Library Trustees - 3/31/88; Airport Comm. - 3/9/88, 4/5/88; Housing Comm. - 3/8/88; Design Review Comm. - 3/31/88; Broadband Telecomm. Comm. - 3/1/88, 3/15/88; Resources Conservation Comm. - 3/14/88; P&R Comm. - 3/9/88. Permit Motions and Resolutions: Approving a Class C Liquor License for Small Enterprises, Ltd. dba Billaro's, 1210 Highland Ct. Approving a Class C Beer Permit for Stephen P. Lenoch dba Leo's Standard Service, 130 N. Dubuque. Approving a Class C Beer Permit for Thomas E. Harris dba Harris Discount, 71 Commercial Drive. RES. 88-64, Bk. 97, p. 64, ISSUING A CIGARETTE PERMIT. Approving a Special Class C Beer/Wine Permit for Magnifico Inc. dba Magnifico's Mostly Italian, 1925 Broadway. Approving a Class C Liquor License for Kennedy Investments, Inc. dba The Vine Tavern, 529 S. Gilbert. Motions: Approving disbursements in the amount of $2,276,002.98 for the period of 2/1 through 2/29/88, as recommended by the Finance Dir., subject to audit. Resolutions: RES. 88-65, Bk. 97, p. 65, ADOPTING SUPPLEMENT 35 TO THE CODE OF ORDINANCES FOR THE CITY OF IOWA CITY, IOWA. Correspondence: Johnson County Auditor regarding cost of Local Option Tax Election held 10/6/87. Attorney Emmit George regarding proposal outside service area for Sports Column Bar and Grill. Memo from the Civil Service Comm. submitting certified lists of applicants for the following positions: Treatment Plant Operator/Pollution Control; Maintenance Worker I/Assisted Housing; Water Meter Reader/Water Division. council Activities April 19, 1988 Page 2 Applications for Use of Streets and Public Grounds: Scott Turner for the Iowa Gay and Lesbian Pride Week Parade to be held on 6/25/88, approved. Michael Streicher for the National Kidney Foundation -Iowa Run/Walk to be held 5/21/88, approved. Jackie Kaiser for the March of Dimes Walk -America to be held on 5/1/88, approved. Chris Metzler for the Delta Tau Delta Fraternity to use a city alley for a fund-raising car wash on 4/16/88 (rain date 4/17/88), approved. Application for City Plaza Use Permits: Latin American Human Rights Advocacy Center to have a table on City Plaza from which to distribute literature and accept donations for craft items, approved. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. The City Mgr. stated the Traffic Engr. will report back re the parking prohibition on Princeton Road. A public hearing was held on an ordinance establishing a procedure for collection of fees to repay developers for costs incurred in installing off-site public facilities needed to support out -of -sequence development. No one appeared. Moved by Ambrisco, seconded by Strait, 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, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance establishing a procedure for collection of fees to repay developers for costs incurred in installing off-site public facilities needed to support out -of -sequence development, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. A public hearing was held on a resolution to amend the 1983 Comprehensive Plan Update to change the land use designation of an 18.43 acre tract north of Rochester Avenue on Hickory Trail extended from Agricultural/Rural Residential to Residential at a density of 2-8 dwelling units per acre. No one appeared. Moved by Dickson, seconded by Courtney, to adopt RES. 88-66, Bk. 97, P. 66, AMENDING THE 1983 COMPREHENSIVE PLAN UPDATE TO CHANGE THE LAND USE DESIGNATION OF AN 18.43 ACRE TRACT NORTH OF ROCHESTER AVENUE ON HICKORY TRAIL EXTENDED FROM AGRICULTURAL/RURAL RESIDENTIAL TO RESIDENTIAL AT A DENSITY OF 2-8 DWELLING UNITS PER ACRE. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Strait, 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 second consideration and vote be waived and that ORD. 88- 3372, Bk. 29, p. 14, TO REZONE AN 18.43 ACRE TRACT NORTH OF ROCHESTER AVENUE ON HICKORY TRAIL EXTENDED FROM ID -RS TO RS -5 PURSUANT TO A CONDI- Council Activities April 19, 1988 Page 3 TIONAL ZONING AGREEMENT. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Strait, to adopt RES. 88-67, Bk. 97, P.67, APPROVING THE PRELIMINARY PLAT OF FIRST AND ROCHESTER, PART 3, AN 18.43 ACRE, 27 -LOT RESIDENTIAL SUBDIVISION LOCATED NORTH OF ROCHESTER AVENUE ON HICKORY TRAIL EXTENDED. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. A public hearing was held on an amendment to the Comprehensive Plan to change the land use designation for an area south of Willow Creek and i west of Mormon Trek Boulevard from Residential 2-8 dwelling units per acre to Residential 8-16 dwelling units per acre. No one appeared. Moved by Strait, seconded by Dickson, to adopt RES. 88-68, Bk. 97, p• 68, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FOR AN AREA SOUTH OF WILLOW CREEK AND WEST OF MORMON TREK BOULEVARD FROM RESIDENTIAL 2-8 DWELLING UNITS PER ACRE TO RESIDENTIAL 8-16 DWELLING UNITS PER ACRE. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. A public hearing was held to rezone 4.75 acres in the southwest quadrant of the intersection of Walden Road and Mormon Trek Boulevard from RS -8 to RM -12. No one appeared. �i Moved by Ambrisco, seconded by Strait, that the rule requiring I ordinances to be considered and voted on for final passage at two Council I 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, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance to rezone 4.75 acres in the southwest quadrant of the intersection of Walden Road and Mormon Trek Boulevard from RS -8 to RM -12, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. A public hearing was held on an ordinance to establish a Planned Development Overlay (OPDH-12) on 4.75 acres in the southwest quadrant o the intersection of Walden Road and Mormon Trek Boulevard. No one I appeared. Moved by Courtney, seconded by Strait, 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 pa ssed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, that the ordinance to establish a Planned Development Overlay (OPDH-12) on 4.75 acres in the southwest quadrant of the intersection of Walden Road and Mormon Trek Boulevard, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Council Activities April 19, 1988 Page 4 Moved by Dickson, seconded by Courtney, that the ordinance to rezone the site of Hunter's Run Subdivision, Parts 2 and 3 and a 57.66 acre tract immediately to the west from PDH -5 to RS -5, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Courtney, seconded by Larson, that the ordinance to rezone i property located at 615 East Jefferson Street from RNC -20 to CO -1, be ". given first vote for passage. Individual Councilmembers explained the reasons for their vote on the matter. The City Attorney suggested the denial be formalized by acting on the resolution setting forth the reasons for denial which is the next item on the agenda. The Mayor declared the - motion denied, 1/5, with the following division of roll call vote: Ayes: Courtney. Nays: Ambrisco, Dickson, Larson, McDonald, Strait. Absent: Horowitz. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-69, Bk. 97, p. 69, SETTING FORTH REASONS FOR THE DENIAL OF REZONING OF PROPERTY LOCATED AT 615 EAST JEFFERSON STREET. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution i adopted. Moved by Ambrisco, seconded by Strait, that ORD. 88-3373, Bk. 29, p. 15, TO REZONE LOT 93, TY'N CAE SUBDIVISION, PART 2, LOCATED ON CAMBRIA COURT FROM PDH -8 TO RS -8, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-70, Bk. 97, p. 70, APPROVING THE PRELIMINARY AND FINAL PLAT OF CAMBRIA COURT, PART 2, A 0.71 ACRE, THREE -LOT RESIDENTIAL SUBDIVISION LOCATED NORTH OF CAE DRIVE AND WEST OF CAMBRIA COURT. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adapted. Moved by Ambrisco, seconded by Strait, that ORD. 88-3374, Bk. 29, p. 16, STORAGE OF SPECIAL VEHICLES, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the i ordinance adopted. Moved by Courtney, seconded by Dickson, to adopt RES. 88-71, Bk. 97, ' p. 71, APPROVING THE REVISED PRELIMINARY PLAT AND THE FINAL PLAT OF VILLAGE GREEN, PART XI, A 41 -LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED SOUTH AND WEST OF THE INTERSECTION OF MUSCATINE AVENUE AND SCOTT BOULEVARD. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. l Moved by Dickson, seconded by Larson, to defer the following to the ' 5/3/88 Council meeting: A resolution approving the preliminary plat of Idyllwild Subdivision, a 20.80 acre, 68 -lot residential subdivision located west of Dubuque Street between Foster Road and Taft Speedway; a recommendation of the P&Z Comm. concerning the improvement of Foster Road, Taft Speedway, and Calibria Court in association with the preliminary plat of Idyllwild Subdivision; a recommendation of the P&Z Comm, that the City Council request of the Johnson County Council of Governments that a Council Activities April 19, 1988 Page 5 traffic study of Dubuque Street between I-80 and Park Road be done. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent. Moved by Strait, seconded by Dickson, to accept the correspondence from Don 6 Allison McCormack, Mary Ellen White, and Jim White. The Mayor ed stated ethehmatterlwillon abelschedul doforythe/5/3Hmeetinz orean The Mayor not necessarily a vote, all the information may not beg availableupdate and Jeff Husak, 540 Hawkeye ct., and Karen Boecker, 414 S. Dubuque, distributed information re spraying of chemicals by pest control companies in apartments of tenants that have not been notified and information/con- tents of the chemicals used are unavailable. Council requested staff investigate possible inclusion into the landlord legislation currently in Place or research possible regulation of pest control companies directly. Staff will report back. The Mayor announced the following vacancies: Riverfront Comm, - one vacancy for an unexpired term ending 12/1/89; Design Review Comm. vacancy for an indefinite term. These appointments will be made at the 6/14/88 meeting of the City Council. one Moved by Ambrisco, seconded by Dickson, to make the following appointments: Sue Licht, 611 Brookside Drive, to the Historic Preserva- tion Commn. for an unexpired term ending 3/29/90; Emmett Evans, 807 7th South, to the Sr. Center Comm, for an unexpired term ending 12/31/89. Councilmember Ambrisco noted an upcoming meeting of Council and the Bd. of Regents. Larson complimented Bruce Haupert on his presentation to Council the previous evening re the Parks & Rec. Dept. Adopt -A -Bed Program. Strait noted the departure of Civil Rights coordinator Phyllis Alexander. Courtney requested an update on the traffic study on Hwy, 1. Staff will report back, City Manager Atkins reported that Iowa City had been awarded $845,000 in at and federal aid from IDOT for a one million dollar project for i Hwy. 1 North improvements. Moved by Strait, seconded by Dickson, to adopt RES. 80-72, Bk. 97, p, 72, AUTHORIZING THE MAYOR TO EXECUTE ANp THE CITY CLERK TO ATTEST THE ELEVENTH RENEWAL OF A 2BE AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. iMoved by Ambrisco, seconded by Strait, to adopt RES. 88-73, Bk. 97, P. 73, AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLETION FOR URBAN RENEWAL PARCEL 65-2b, part of the Paul -Helen Building. Affirmative roll call vote unanimous, 6/0, Horowitz i absent. resolution adopted. The Mayor declared the Moved by Ambrisco, seconded by Dickson, P. 74, ADOPTING THE ANNUAL BUDGET to adopt RES. 88-74, Bk. 97, FOR 1989, FOR PUBLIC HOUSING PROJECTS 3 , 4, I AL YEAR 1969, ENDING JUNE 30, FISCAffirmative roll call vote adopted. j unanimous, 6/0, Horowitz absent. The Mayor declared the resolution Council Activities April 19, 1988 Page 6 Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-75, Bk. 97, p. 75, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN -STATE TRAFFIC ENGINEERING PROGRAM PROJECT FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVE- MENTS. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-76, Bk. 97, p. 76, AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE AN APPLICA- TION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR PERMISSION FOR USE OF HIGHWAY RIGHT-OF-WAY FOR UTILITIES ACCOMMODATION, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL SUCH APPLICATIONS ON THE CITY'S BEHALF IN THE FUTURE, AND TO APPROVE SUCH APPLICATIONS BY THIRD PARTIES. Public Works Director Schmadeke explained that any time the City works on highway right-of-way we ask their approval, this resolution authorizes the City Engineer to acquire those approvals without going through Council. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, to adopt RES. 88-77, Bk. 97, p. 77, AUTHORIZING THE ACQUISITION OF AN ACCESS ROAD RIGHT-OF-WAY TO THE SIDE OF THE PLANNED SOUTH WASTEWATER TREATMENT PLANT IN JOHNSON COUNTY, ALL IN CONNECTION WITH IOWA CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT. The City Manager states bids were to be received and opened on Friday, April 29. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, to adopt RES. 88-78, Bk. 97, p. 78, APPROVING ADDENDUM NUMBER 2 TO THE PLANS, SPECIFICATIONS AND FORM OF CONTRACT TO CHANGE THE DATE FOR COMMENCEMENT OF CONSTRUCTION OF THE SOUTH WASTEWATER TREATMENT PLANT FROM JANUARY 1, 1989, TO AUGUST 1, 1988, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ISSUE AS NECESSARY FURTHER ADDENDA THERETO CLARIFYING AND EXPLAINING THE SAID PLANS, SPECIFICATIONS AND FORM OF CONTRACT, ALL IN CONNECTION WITH THE PROJECT TO CONSTRUCT THE EXCESS FLOW AND WASTEWATER TREATMENT FACILITIES AT THE EXISTING WASTEWATER TREATMENT PLANT AND TO CONSTRUCT THE SOUTH WASTEWATER TREATMENT FACILITIES. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, to adopt RES. 88-79, Bk. 97, p. 79, ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1988. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, that ORD. 86-3375, Bk. 29, p. 17, AMENDING CHAPTER 9.1 ENTITLED "CITY PLAZA" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 9.1-4 THEREIN TO PROHIBIT AND REGULATE THE USE OF BICYCLES, SKATE BOARDS, ROLLER SKATES AND COASTING OF ANY KIND IN THE CITY PLAZA, be passed and adopted. Council - member Larson requested the media dispense the information re this new legislation to enable individuals advance notice of the new law. Affirma- tive roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the ordinance adopted. Council Activities April 19, 1988 Page 7 Moved by Larson, seconded by Strait, approving Holiday Inn to alter their premises; authorizing them to proceed with appropriate subordination agreement concerning mortgages not to exceed $2.4 million; and this be done with the understanding that there be no occupancy certificate issued for the expansion until the City has concluded all mortgages and financial reviews that are necessary. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-80, Bk. 97, p. 80, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE AND ENTER INTO A CONSENT DECREE WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES REGARDING THE CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT. The City Attorney reviewed the status of negotiations and summarized the provisions of the resolution relative to the proposed consent decree. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adjourn 9:00 p.m. The Mayor declared the motion carried, 6/0, Horowitz absent. MARIAN KARR, CITY CLERK JOHN MCDONALD, MAYOR l Complete Description of Council Activities May 3, 1988 i; o wa City Mayor McDonald Co9presiding Cou7at ncilmembersp present: Courtney, the cDickson, Horowitz, Larson, McDonald, Strait. Absent: Ambrisco. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmeiser, Schmadeke, Franklin. Council minutes tape recorded on Tape 88-C29, Side 1, 149 -End, Side 2, 1 -End; 88-C31, Side 1, 1-62. The Mayor proclaimed May 1988 as BETTER HEARING AND SPEECH MONTH; May 1988,1a88HISTORICPECT FOR LAW PRESERVATIONWWEEK;1114ayay G8-14881988,IlasSIOWADCITYAY;1HOSPITAL WEEK; May 14-15, 1988, as MIRACLE MILE WEEKEND; May 2-8, 1988, as DRINKING WATER WEEK. Moved by Strait, seconded by Dickson, that the following items 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 4/19/88, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - 4/7/88, 4/21/88; Bd. of Adjustment - 4/13/88; Historic Preservation Comm. - 3/9/88; CCN Conn. - 3/8/88. Permit Motions: Approving a Special Class C Beer/Wine Permit for Mei-Lee Szeto dba Jade Garden Chinese Restaurant, 119 Iowa Ave. Approving a Class E Beer Permit for Hy -Vee Food Stores, Inc. dba Drugtown 92, 1221 N. Dodge. Motions: Approving disbursements in the amount of $2,617,328.59 for the period of 3/1 thru 3/31/88, as recommended by the Finance Director, subject to audit. Setting Public Hearings: To set a public hearing for 5/17/88, to receive citizen comments on the program description for the proposed use of $93,000 in rental rehabilitation grant funds for 1988. RES. 88-81, Bk. 97, p. 81, SETTING A PUBLIC HEARING ON 5/17/88, ON AMENDING THE FY88 OPERATING BUDGET. RES. 88-82, Bk. 97, p. 82, SETTING A PUBLIC HEARING ON 5/17/88, ON AMENDING THE FY88 CAPITAL PROJECTS BUDGET AND ESTABLISHING A CAPITAL PROJECTS BUDGET FOR FY89. Correspondence: Kerry Bower regarding the proposed rezoning of the Northwestern Bell Building. Memo from the Traffic Engr. regarding stop sign on Rita Lyn Court at Rochester Avenue; stop sign on Boyrum Street at Highland Avenue. I Applications for the Use of Streets and Public Grounds: Sarah Norbeck for a "Take Back the Night" march on 4/28/88, approved. Jane Dinsmore for permission to distribute Veterans poppies on the side- walks of Iowa City on 5/20-21/88, approved. Juli Hagstrom for permis- sion to picket at the McDonald's Restaurant on Riverside and Denton Streets on 4/22/88, approved. Ralph Rieks for the Ronald McDonald MINUTES COUNCIL ACTIVITIES 14AY 3, 1988 PAGE 2 approved. Terry Fikes for the Race Judicata House Walk/Run on 5/7/88, PP roved. on 4/16/88, approved. Don Deacon on behalf of the Evening Lion's Club to sell candy on Iowa City sidewalks on 4/16/88, app Applications film for City Plaza Use Permits: Randy Richmondto class during a 24-hour period on the City Plaza for a university approved. 8i11 Douglas for the Iowa socialist aion project on 4/21-22/88, pp Party to set up a table to distribute, literature LatinatAmericanCHuman Rights 4/28/88, approved. Mike Henry Advocacy Center to set up a table on City Plaza from which 4/ 7-29/ - ute literature and offer crafts for donations on 4/27-29/88' approved. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Strait, seconded by Dickson, to set a public hearing for 5I17I88, on an ordinance to amend the Zoning Ordinance parking require ordinance requirements for office usage in CB -2 zones by exempting ments in the CB 2 zone. Staffinember Franklin explained fr m complying addresses parking le building office uses over 8,000 square feet in a sing with parking requirements. The Mayor declared the motion carried unani mously, 6/0, Ambrisco absent, public hearing for Moved by Courtney, seconded by Dickson, to set a P rade, and story 5/17/88, on an ordinance to0amend the high he Mayor decla9adgthe motion car - definitions in the 15/0nA Zoning absent. ried unanimously, to set a public hearing for Moved by Dickson, seconded by Horowitz, Subdivision Regulations, to 5/17/88, on an ordinance to amend Chapter 32, and provide informa- permitExa waiver ce tions of Counci�lmemberiStrait requested ostafct f error in Sect on 32-7, P ood design standards. The I4ayor declared the motion tion clarifying 9 6/0, Ambrisco absent. carried unanimously, Moved by Courtney, seconded by Horowitz, that ORD. 88-3376, Bk. 29, P• FOR ESTABLISHING STA LINCURRED INR�I4STALLINGROFF COLLECTION IPUOLIC FRCILITIESE NEEDEDV700SUP5 PORT OUT -OF -SEQUENCE DEVELOPMENT, be passed and adopted. Staffinember s Comprehensive Plan, the costs are Franklin explained that when a development is done out of sequence of the wou planned timeframe set out in the City imposed upon the subdivide ro properties r to Thisrare din adeveloped.alAffirmativedrollecall recoup costs as adjacent p P vote unanimous, 6/0, Ambrisco absent. The Mayor declared the ordinance adopted. Moved by Dickson, seconded by Strait, that ORD. THE I7, Bk. 29, P• 19, REZONE 4.75 ACRES IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF WALDEResldence4) be0RpassedREK BOULEVARD and adopted. FROM Affirmative S-8 To ro112caW11doteRunani- mous, Residence) Ambrisco absent. The I4ayor declared the ordinance adopted. l MINUTES COUNCIL ACTIVITIES MAY 3, 1988 PAGE 3 Moved by Dickson, seconded by Strait, that ORD. 88-3378, Bk. 29, p. 20, ESTABLISH A PLANNED DEVELOPMENT OVERLAY (OPDH-12) ON 4.75 ACRES IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF 14ALDEN ROAD AND MORMON TREK BOULEVARD (Walden Retirement Residence), be passed and adopted. Affirma- tive roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the ordinance adopted. l Moved by Dickson, seconded by Strait, to adopt RES. 88-83. Bk. 97, p. 83, APPROVING THE PRELIMINARY AND FINAL SUBDIVISION PLAT OF WALDEN WOOD, PART 2, a two -lot residential subdivision at the intersection of Walden Road and Mormon Trek Boulevard. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Horowitz, to adopt RES. 88-84, 8k. 97, p. 84, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVEL- OPMENT PLAN FOR THE IOWA CITY RETIREMENT RESIDENCE (Walden Retirement Residence). Staffinember Don Schmeiser present for discussion re access roads into Mormon Trek. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Courtney, 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 at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88-3379, Bk. 29, p. 20, REZONE THE SITE OF HUNTER'S RUN SUBDIVISION, PARTS 2 AND 3, AND A 57.66 ACRE TRACT IMMEDIATELY TO THE WEST FROM PDH -5 TO RS -5, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Courtney, seconded by Horowitz, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Dickson, to adopt RES. 88-85, Bk. 97, p. 85, APPROVE AN AMENDED PRELIMINARY PLAT OF HUNTER'S RUN SUBDIVISION, PART 4-9, A 57.66 ACRE, 115 -LOT RESIDENTIAL SUBDIVISION LOCATED NORTH OF ROHRET ROAD. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Dickson, to adopt RES. 88-86, Bk. 97, p. 86, APPROVE THE PRELIMINARY PLAT OF SAMUEL DRIVE SUBDIVISION, A 1.9 ACRE, 5 -LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF OAKLAWN AVENUE. Staffinember Franklin explained the Planning & Zoning Commission recommen- dation to waive the sidewalk requirement. The Mayor declared the resolu- tion adopted, 5/1, with the following division of roll call vote: Ayes. Strait, Courtney, Dickson, Larson, McDonald. Nays: Horowitz. Absent: Ambrisco. Moved by Dickson, seconded by Horowitz, to adopt RES. 88-87, Bk. 97, p. 87, APPROVING THE PRELIMINARY AND FINAL PLATS FOR WASHINGTON PARK ADDITION, PART 10, A 5.75 ACRE, 8 -LOT RESIDENTIAL SUBDIVISION LOCATED EAST OF GREEN MOUNTAIN DRIVE. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. MINUTES COUNCIL ACTIVITIES MAY 3, 1988 PAGE 4 Moved by Strait, seconded by Horowitz, to defer consideration of the following items: A resolution approving the preliminary plat of Idyllwild Subdivision, a 20.80 acre, 68 -lot residential subdivision located west of Dubuque Street between Foster Road and Taft Speedway; a recommendation of the P&Z Comm. concerning the improvement of Foster Road, Taft Speedway, and Calibria Court in association with the preliminary plat of Idyllwild Subdivision; a recommendation of the P&Z Comm. that the City Council request of the Johnson County Council of Governments that a traffic study of Dubuque Street between I-80 and Park Road be done. The City Attorney reported that the final plat for Idyllwild had been filed the end of April and that according to State Code, Council must act on that submission within 60 days of the filing date. Consideration of the preliminary and final plats could be scheduled for the 6/14 Council meeting. Council requested.a memo from the Legal Department outlining circumstances where developer does not own the property but merely has an option. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. A public hearing was held on offers to purchase for private redevelop- ment Parcels B and D located in the Lower Ralston Creek Area of Iowa City. Benjamin Chait, 918 East Washington, appeared. Councilmember Strait noted the memo from the City Manager re Women and Minority Enterprises/Participation in CDBG Projects for 1988 and encour- aged staff to make every effort to make the FY88 goal established at j $20,000. Dickson reminded everyone about the upcoming American -Soviet Peace Walk and encouraged people to contact members of the Committee for ways they could help. Larson noted the decision to lay off employees made during the past budget session and stated his desire to have staff make every effort to have these individuals placed in other positions. The City Manager stated the City received word last week from SAAB that the three buses on order would not be delivered as SAAB is pulling out of the American market. Specifications will have to be rewritten and new bids taken. The City Manager reported that he has received a verbal commitment from the Department of Natural Resources (DNR) that upon execu- tion and filing of a Consent Decree, within the next couple of weeks, the sewer extension permits would be released. Recommendation of the Committee on Community Needs that the City Council approve the changes to the 1988 Community Development Block Grant budget, noted. Moved by Courtney, seconded by Strait, to adopt RES. 88-88, Bk. 97, p. 88, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMEND- MENT TO THE 10TH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Dickson, to adopt RES. 88-89, Bk. 97, OF A OF THE HOLLYWOOD BOULEVARD. 89, RESOLUTION OFNRIGHT-OF-WAY, EXTENDI GAND PROPOSAL TO0SE 225 FEETVWEST EOFPORTION BROAD- WAY STREET AND SETTING A PUBLIC HEARING ON THE PROPOSAL ON MAY 17, 1988. Planning Director Schmeiser explained that the parcel was excess State MINUTES COUNCIL ACTIVITIES MAY 3, 1988 PAGE 5 right-of-way, the price was negotiated with the office park first and that the City was facilitating the sale. The City Manager stating additional information would be provided at the time of the public hearing. Affirma- tive roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Strait, to adopt RES. 88-90, Bk. 97, p. 90, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREE- MENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM (MYEP) FOR THE USE OF 1988 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IOWA CONSERVATION CORPS/SUMMER COMPONENT. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, to adopt RES. 88-91, Bk. 97, p. 91, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE NORTH EXCESS FLOW AND WASTEWATER TREATMENT FACILITIES AND SOUTH WASTEWATER TREATMENT FACILITIES, to Paul A. Laurence for $25,236,000. Terry Krause, Metcalf & Eddy, pres- ent for discussion. The City Attorney stated that the approval of the resolution and acceptance of this bid does not necessarily mean that the City approves all of the equipment specified in the bid, the contractor is required to provide equipment that satisfies the requirements. (Allan Nelson, Vice -President of Operations for Paul A. Laurence Co. in audi- ence.) Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The mayor declared the resolution adopted. Moved 92, AMENDING THE rDESIGNSSTANDARDS econded yFOR rPUBLIC oWORKStIMPROVEMENTS BY MODIFY- ING ts willSECTION chang d from mercury vapor street lighAY LIGHTING. Asst. tingrtoHhighnpressure sostated dium which will produce more light for less costs. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. j Moved by Dickson, seconded by Larson, to adopt RES. 88-93, Bk. 97, p. 93, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WASHINGTON PARK, INC. FOR THE SUITE, FIRST FLOOR CENTER, DAVIS BUILDING, 322 E. WASHINGTON STREET, IOWA CITY, IOWA. Councilmembers raised concerns re the increase from the previous agreement. The City Mgr. pointed out the previous lease was for two years. This lease reflects an agreement for three years, remodeling of the premises, and the cost includes heat, water, taxes and insurance. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Larson, that the ordinance amending Chapter 32.1, entitled "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Section 32.1-55 and Section 32.1-63 therein to, respectively, increase fees for residential Solid Waste Collection and for Landfill use and also add an annual advance - payment option for monthly all -day Parking Permits, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. MINUTES COUNCIL ACTIVITIES MAY 3, 1988 PAGE 6 Moved by Strait, seconded by Dickson, to adjourn 9:10 P.m. The Mayor declared the motion carried, 6/0, Ambrisco absent. J MC004 D, MAYOR ATTEST: I Informal Council Discussion May 2, 1988 Informal Council Discussion: May 2, 1988 at 7:00 p.m. in the Council Chambers in the Civic Center. Mayor John McDonald presiding. Council Present: Strait, Horowitz, Larson, Dickson, Courtney, McDonald. Absent: Ambrisco. Staff Present: Atkins, Helling, Timmins, Karr, Smith, Franklin, Schmeiser, Meisel. Tape Recording: Reel 88-27, Side 1, 202 -End, Side 2, I -End, Reel 88-30, Side 1-120. Executive Session: Reel 88-27, Side 1 Moved by Courtney, seconded by Horowitz, to adjourn to executive session under Section 21.5c to discuss strategy with Council on matters that are presently in litigation or where litigation is imminent and its disclosure would be likely to prejudice or disadvantage the position of the govern- mental body in that litigation and Section 21.5.j. to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes of the tape recording of the session closed under this paragraph shall be available for public examina- tion when the transaction and discussion is completed. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. Mayor declared motion carried. Council adjourned to executive session at 7:00 p.m. Council adjourned to open session 7:40 p.m. Planning 8 Zoning Matters: Reel 88-27, Side 1 A. 5etting a public hearing for May 17 1988 on an ordinance to amend the Zoning Ordinance parking requirements in the CB -2 zone Franklin stated Council will receive detailed information prior to the public hearing. B. Setting a public hearina for May 17. 19AR_ nn an nrdinanrn in ame,l C. See Item A. See Item E. s -i3 Informal Council Discussion May 2, 1988 Page 2 is Franklin stated this consideration is the last reauiiy ..•l -- ance is appropriate for Planning an Horowitz asked if this ordind Zoning items currently under ordinance would apply to planning con zoningo n. matters that comeibefore passedCouncil and adopted and will apply to Southwest fEstates' final ter this aPlat. nce is _.._._...♦ nf the E. or°rn� interim i°n RM -12 (Wal4 F. G. No comment. H. eso tion .*,+.A rnuncil will vote for pass and adoption. I. J. et eme as approval by Franklin stated items F, G, and H are recommended for staff and Planning and Zoning Commission. e,rFe 7 and 3 a d A/.00 a�i� �. .._ .-. Franklin said^Couwncil is fore nested tos passage this t me°sideration of Informal Council Discussion May 2, 1988 Page 3 K. 2 Franklin stated the rezoning has to be approved prior to considera- tion of this Resolution. Franklin stated Samuel Drive is an existing platted street which has never been opened; the Planning and Zoning Commission recommended approval of the subdivision and waiving sidewalk requirements on Samuel Drive; and there was an additional recommendation to the Board of Adjustment that they consider a variance or special exception to a 60' lot width requirement. The 60' lot width requirement would set the houses on these lots farther back than the usual 20' and put them further numberof factors ravine. takenn intoresponse considerationnandra aclh nsaicased is looked at when recommendations are made to waive the sidewalk requirement. Strait asked if Samuel Drive is comparable to the Nottingham Place Subdivision. Franklin said the Planning and Zoning Commission made a distinction between Samuel Drive subdivision and Nottingham Place in that the Samuel Drive subdivision did not require cutting a roadway through the ravine and trees. Franklin said this is recommended for approval by Planning and Zoning Commission and staff concurs with that recommendation. Franklin said the Planning and Zoning Commission recommended approval subject to the warrant study and Council authorizing an assessment project. Also there were recommendations to look at a subdivision regulation amendment to establish an escrow account if the assessment project was not feasible or appropriate and to do a traffic study on Dubuque Street. Atkins requested Council defer action for two weeks to allow staff to review previous planning discussions and prepare additional information. In response to Strait, Atkins stated the Urban Environment Ad Hoc Committee recommendations will be con- sidered. Larson stated he forwarded information to the City Manager relating to a precedent set on the federal level for treating fragile envirowithinnaental ce tainetimetable. Tiammins explaineded if lthatt 0 is Council rcaniuse -x=13 Informal Council Discussion May 2, 1988 Page 4 N. See Item M. 0. See Item M. AMENDED 5-16-88 as much time as needed to gather information and obtain expert advice and when the information is gathered, Council has a reasonable length of time to make a decision. Councilmembers agreed to defer Items m, n, and o for two weeks. DENIAL OF ZONING REQUEST - RESOLUTION STATING REASONS Reel 88-27, Side 1 Timmins stated the Planning and Zoning and Legal Department staffs initiated the resolution designed to provide a clear record that Legal staff can introduce in court as counsels reasons for denial. Timmins said the resolution could be considered for action by Council one week after a vote on a particular ordinance to allow staff to prepare the resolution to incorporate the Council's reasons and Legal's reasons. In response to Strait, Timmins said that if Council does not state reasons for denial, perhaps difficulty there eresolution. astaff ultyin drafting aresolutionthat containsreasonsfor denialof zoning Council will uests. Franklin iCouncil votes on the not be voting on he substance of theordinance resFranklin noted the resolution can be amended by simple vote to include correct language or additional reasons. McDonald questioned the necessity of the resolution because there are minutes and tape recordings of Council discussions. Horowitz said the resolution may be needed because there are people who are not giving reasons at various meetings. Atkins asked what would be done when voting is based on philosophical preference. Timmins said both reasons could be included in the resolution. Councilmembers were split on the need for the resolution. McDonald said Council will discuss this item again in two weeks when all seven members could be present. SENIOR CENTER COMMISSION SLIDE PRESENTATION Reel 88-27, Side 1. Bette Meisel introduced Senior Center Commission members Bud Gode and Jean Hood and Council of Elders member Rosemary Spears. Jean Hood presented the Senior Center slide show. -r13 Informal Council Discussion May 2, 1988 Page 5 Strait stated he was appointed a Commissioner on the Department of Elderly Affairs by the Governor of Iowa; the Iowa City Senior Center facility and administration are among the top in the nation; and there may be funds available from Heritage for the Iowa City Senior Center. Rosemary Spears invited Councilmembers to attend the Older Americans' Day at the Senior Center on May 17, 1988. DISPOSITION OF LOWER RALSTON CREEK PARCELS Reel 88-27, Side 2 Schmeiser stated Council received Milkman's April 26, 1988 memo regarding the sale of Lower Ralston Creek parcels B, C and D. Schmeiser explained staff recommendation was to dispose of Parcel D to Benjamin Chait and that Chait has proposed to use the triangular parcel located at Linn d Harrison Street as parking for a proposed St. Patrick's School redevelopment project. Schmeiser referred Councilmembers to review page 3, paragraph 2, of Milkman's memo which reads, "If Regina property conversion does not prove feasible, Mr. Chait has no interest in Parcel D." Schmeiser said that this is not correct and that Benjamin Chait has indicated he is interested in Parcel D regardless of the St. Patrick's project. Benjamin Chait presented Council with drawings of the proposed use of Parcel D. Chait stated his primary objective is to provide parking on Parcel D for St. Patrick's School redevelopment project. In response to Horowitz, Schmeiser said the area was reviewed by a soils engineer and a structure could be accommodated at the site. Council and staff discussed layout of the site. In response to Larson, Timmins said a typical urban renewal contract ties the person to a use and Council approval is needed to change that use. Atkins asked if a change in the bid application would void the bidding process. Timmins said as long as the bid price stays constant and the City does not make any major concessions in the develop- ment of the property, there should not be any problem. Larson asked if the City used an aggressive enough bidding process. Atkins said the price appears to be fair. Schmeiser said the sale of the property was aggressively advertised. Strait noted that substantial property tax will be generated by the property once it is developed. Larson asked if Parcel D will be used for parking only. Chait explained the parcel will be used for parking because of the low-rise zoning. COUNCIL TIME/AGENDA Strait referred to City Manager's minority business enterprises and Council's formal meeting. Reel 88-27, Side 2 April 28 memo regarding women and said he will raise questions at the 1`13 Informal Council Discussion May 2, 1988 Page 6 2. (Agenda Item 011 -Dispose of a vacated portion of right-of-way.) In response to Courtney, Schmeiser purchased the land from the State a few months ago. Amended 5-16-88 Hollywood Blvd. said the City 3. Horowitz suggested Council read the article, "Bellevue's Natural Determinants Implementation Project" included in the 4/29 packet. 4. Horowitz reported she forwarded an article relating to corporate responsibility regarding asked what is the City's policy relating to this to the City Manager AIDS. Horowitz has issue. 5. Horowitz noted program evaluations on projects that were passed in the budget and questioned when they would be available. Atkins said the program analysis for Forestry and Investments are currently being prepared. 6. Horowitz asked if the City replaces a tree everytime a tree is cut down. Atkins said the City has an extensive tree planting program. Horowitz suggested a tree be replaced at Kirkwood Ave. and Kirkwood Ct. 7. Dickson reported on plans for the American -Soviet Peace Walk in July. 8. Strait asked where street access points are located south of QuikTrip on Mormon Trek. Schmeiser said there will be an extension of the existing street to provide access to the Iowa City retirement residence. Schmeiser said Mormon Trek will carry additional traffic. Reel 88-30 9. Council discussed Council meeting schedule and decided to schedule informal Council meetings on Tuesday, 6:30 pm prior to the formal Council meetings, through the summer months. Karr asked Council - members to inform her of any vacation plans. 10. Horowitz noted the annual historic preservation dinner and awards ceremony will be held May 11. EXECUTIVE SESSION Moved by Horowitz, seconded by Larson, to adjourn back to executive sessthation areupresentlyer iin litigation o orscuss where litigation is imminent whereitsdisclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation and Section 21.5.j. to discuss the purchase of particular real estate only where premature disclosure be reasonably expected to increase the price of the governmental body to pay for that property. The minutes and the tape recording of the session closed under this paragraph shall be available for public examination when the transaction and discussion is completed. Affirmative roll call vote, unanimous, 6/0, Ambrisco absent. Mayor declared motion carried. Council adjourned to executive session at 9:10 p.m. G