Loading...
HomeMy WebLinkAbout1988-06-14 Council minutesInformal Council Discussion May 16, 1988 Informal Council Discussion: May 16, 1988 at 7:30 p.m. in the Council Chambers in the Civic Center. Mayor John McDonald presiding. Council Present: Strait, Horowitz, Larson, Ambrisco, Dickson, Courtney, McDonald. Staff Present: Karr, Timmins, Atkins, Helling, Schmeiser, Brinton, Schmadeke, Vitosh, Kimble, Boothroy. Tape Recorded: Reel 88-30, Side 1, 120 -End, Side 2, 1 -End; Reel 88-32, Side 1, 1:225. Consent Calendar: Reel 88-30, Side 1 Council agreed to add the Class "C" Beer Permit for Wareco, 828 S. Dubuque Street and the Class "C" Beer Permit for Sinclair Retail Station and Convenience Store, 731 Riverside Drive to the 5/17 agenda. Planning & Zoning Matters: Reel 88-30, Side 1 a. Public hearing on an ordinance to amend the Zoning Ordinance parking requirements in the CB -2 zone. Strait raised a concern about spot zoning. Schmeiser explained there is an Iowa Supreme Court opinion that there is legal and illegal spot zoning and staff does not consider this amendment illegal spot zoning. In response to Courtney, Schmeiser said there are two other properties in the CB -2 zones that are over 8,000 square feet. Schmeiser noted there was also a recommendation from the Chamber of Commerce and Downtown Association that the City undertake a study of problems relating to parking in the downtown area. b. Public hearing on an ordinance to amend the hi c. Schmeiser explained the amendment to require low-rise buildings/with three stories to have one more story before they are classified as a high-rise building. Horowitz asked how the building inspection staff feel about the amendment. Schmeiser said it was a code enforcement staff that recommended the amendment to the planning staff. Strait asked staff to notify Council when there is applications for a permit to waive certain standards for subdivisions under conditions of hardship. d. e. f. to No comment. McDonald noted Council received Atkins' 5/13 memo regarding Idyllwild Subdivision, a report from Ed Brinton, and correspondence from Clemens Erdahl. Horowitz asked if a subdivision agreement with the Home Owners Association could be included in a resolution. Timmins stated the subdivision aareement becomes a covenant. Larson said a covenant runs with the land and any restrictions on the use of the property passes to anybody that buys the property. Horowitz said that she is interested in longevity and maintenance. Larson said the warrant study needs to be greatly expanded and asked Councilmembers to be ready to articulate to staff what else is needed to make a decision. McDonald said correspondence was received from the developer requesting that Council take action and public input will be received at tomorrow's formal Council meeting. Strait said he has questions relating to hydraulics. Horowitz noted she is interested in the flood insurance aspects of the development. See item e. 9. See item e. h. Schmeiser presented a plat map of Nottingham Place and stated the Planning & Zoning Commission recommended against approval of the resolution primarily because of existing traffic situation in the area. Schmeiser said other concerns were: that access to the subdivision would be from Whiting Avenue and down the 12% grade and concerns regarding destruction to the natural environment. Larson asked if this could be considered an arterial collector street and therefore, the grade requirement would be different. Timmins said Public Works has standards adopted for street construction and there is a requirement that arterial streets be constructed on an eight or nine percent grade. Larson asked how people will access onto Foster Road. Schmeiser said Wildwood Drive would be extended north to tie in where Foster Road would go east and west. Schmeiser said staff encourages the integration of streets within an area because it i - k. provides integration of people within that area and the community's interest as a whole should be considered. Horowitz said the soil and design of the street should be looked at. Strait stated correspondence was received from Dr. Bovjberg stating that the subdivision would disturb the environment. Ambrisco asked staff to address if a house could be built safely on the hillside. Schmeiser said the City's building inspectors could address that. Schmeiser stated the applicant does propose to extend the sewer at their expense along the westerly boundary. Councilmembers referred to photos of the area. Councilmembers discussed the alternative sewer routes. McDonald explained the disagreement between the two property owners has been resolved. Larson raised concerns regarding the destruction of trees to extend the sewer. Schmeiser stated the applicant has requested this item be deferred. Schmeiser noted the 60 -day limit period for approval terminates before the Council's next meeting but the applicant said he will send a letter waiving that 60 -day limitation period before tomorrow's formal meeting. See item j. Schmeiser suggested this item be included with item 5a., consideration of parking requirements in the CB -2 zone. Atkins asked Council to refer this recommendation to him. Horowitz suggested that City Council and university representatives take part in the study. Schmeiser noted that the JCCOG work program includes an item concerning a comprehensive study of parking in downtown. Larson suggested ICAD should be involved. Horowitz said she is concerned about economic viability of more than the downtown area. Schmeiser said one part of the study will be relating to marketability. Council agreed to refer the recommendation to City Council. Denial of Zoning Request -Resolution Stating Reasons: Reel 88-30, Side 2 Timmins explained the reason legal staff has suggested a resolution be adopted by Council is to increase the likelihood of being able to uphold the decision should it be challenged by the parties seeking rezoning or subdivision. Timmins said legal staff is willing to amend the procedure to wait for the public and Council discussion of the item and then, extract the reasons and put them in a resolution to present to Council at their next meeting. Horowitz asked if a resolution would be predated to the date that the denial actually took place. Timmins said no. Council agreed with the amended procedures as outlined by the City Attorney stating reasons for denial of the zoning request would be presented to Council at the meeting immediately following the denial. Benton Street Bridge Update: Reel 88-30, Side 2 Atkins presented a brief history of the Benton Street bridge project. Atkins explained the estimated cost for the bridge replacement is $2.8 million and was planned to be financed by $650,000 bridge funds, $290,000 in federal aid to urban systems money and the remainder financed by Iowa City. Atkins reported that an earlier engineering analysis indicated the bridge could not be repaired based upon the City's replacement plan. The City had intended to build the bridge project in March of this year but the Federal Highway Administration has reviewed the design and discovered some additional problems with the original design of the bridge. Atkins stated the Federal Highway Administration wants Iowa City to have a full inspection of the bridge, costing $22,000. Also, the family of the bridge designer notified the State Historic Preservation Office about the unique nature of the design of the bridge. Therefore, the State Historic Preservation Office will not sign off on the planned design and has asked the City to have an independent study done, costing $9,000, to determine if the design is unique. Atkins stated the longer the City waits to do the bridge project, the less likelihood of the receipt of federal and state aid, it is likely the bridge project will not be done this year, and there are no guarantees that the funding that is currently in place will still be in place next year. Atkins explained the bridge will likely need to be posted for load limits and businesses in the area could be adversely affected. Atkins recom- mended the City proceed with the inspections. Horowitz said it has been known for over one year that the bridge is a historical structure and the City can destroy things as long as it is documented. Schmadeke said the study will demonstrate if the bridge can be restored to its original design with the existing steel members. In response to Courtney, Schmadeke said the two inspections are the same but will be done by two different people. Atkins explained if the bridge design remains the same, the bridge could not be widened. Schmadeke said the FHWA might not approve the reconstruction of the bridge to its original design. Horowitz said that it is her understanding that historic buildings can be dismantled as long as there is thorough documentation. In response to Ambrisco, Schmadeke said the bridge cannot be widened and still maintain the historical design of the structure. Council discussed alternatives to the bridge replacement. City Council directed Atkins to proceed with both inspections. 5 Review Budget Amendments: Reel BB -30, Side 2 Vitosh stated the Council received her May 12, 1988, memo regarding FY88 budget amendments. Vitosh explained that a total of $129,744 of the contingency fund has been appropriated. Horowitz asked why budget item #8103 -microcomputers shows up so many times throughout the budget amendment. Vitosh said that it was money budgeted in FY87 for microcomputers and the money was originally budgeted in the City Manager's budget. The amendment moves the money from the City Manager's budget Lu the divisions'. The microcomputers were ordered near the end of FY87 and paid for in FY88. Horowitz asked what a bank franchise tax is. Vitosh said a bank franchise tax is a tax that banks in the local area pay based on their earnings and Atkins said that it is a state tax on bank earnings which is redistributed by the state to localities. Regarding budget item 8138 -team entry fees, Horowitz asked if the City pays for an increased number of umpires. Vitosh said that the number of games were increased and the increased expenditure budget was offset by the increased revenues from the team entry fees. Regarding item #8030 -charges for refuse in the Central Business District, Courtney asked who the City pays for refuse pickup. Vitosh explained that refuse is an enterprise fund and the City charges itself for that service. Regarding items 8031-50% match for ECM study, Courtney asked if the City received results from the study. Kimble explained the studies were done two years ago and the funds were never transferred from the water department and landfill division into the energy conservation fund. Horowitz requested a copy of the Stanley 1986 Waste Management Report. Horowitz inquired about the detailed expenses received in the Council packet. Vitosh said the City is required by state law to publish the listing and therefore it is supplied to Councilmembers. I Housing Code: Reel 88-32, Side 1 Boothroy explained that the Housing Code changes are primarily housekeeping in nature. Boothroy summarized changes as follows: The City can cite violations of the housing code either as municipal infraction or a misdemeanor, clarify payment of fees, permit and reinspection fees are to be paid prior to the issuance of a rental permit, require owner - occupied condominiums and cooperatives to be inspected if they are in buildings in which rental units are found, and the director may contract to have work done as necessary to remedy a violation. Horowitz stated that there are situations where people are living in converted chicken coops in garages. Boothroy stated it is difficult to make a case for over -occupancy. Boothroy stated additional tenants responsibilities have been added and there are situations where the City will have the authority to cite tenants. Other changes include maintenance of fire protection equipment and provisions for citing the tenant for storing flammable materials in the furnace room. 6 I Timmins stated that the provision regarding the permit and reinspection fees should be set by resolution. Legal will review prior to Council action 5/17. In response to Larson, Boothroy stated that the copy of the Housing Code changes could be sent to the Apartment Owners' Association. Council Time Agenda: Reel 88-32, Side 1 1. In response to Courtney, Karr explained the correspondence distributed by Mr. Gay this evening will be discussed at the formal meeting 5/17, item 5e., Idyllwild Subdivision. 2. Strait inquired about the abandoned house located at 420 Church Street. Atkins explained the Housing Inspection Department has tried to address problems relating to the property and suggested Council consider an abandoned building ordinance. Boothroy said the Fire Department has also been contacted regarding the structure. Council - members directed the staff draft an abandoned building ordinance. Appointments: Reel 88-32, Side 1 CCN: Agnes Kuhn Meeting adjourned at 8:50 p.m. OFFICIAL COLHCIL ACTIONS - 5/17/88 The cost of publishing the following proceedings & claims is $ . Cunulative cost for this calendar year Tor said publication is $ Iowa City Council, reg. mtg., 5/17M; — p.m. at the Civic Center. Mayor McDonald presiding. Councilmmbers present: Arbrisco, Courtney, Dickson, Larson, McDonald, Strait. Absent: None. The Mayor proclaimed May 15-21, 1988, as YOUTH EAPLOYMENI WEEK and presented awards for outstanding enrollees and outstanding supervisors in the in- school conparent of the Mayor's Youth Brployment Program. Outstanding Enrollee category: Theresa Hollar, Iowa City West High and Michelle Nachtnen, Iow City West High. Honorable Mention: Tashia Wenzel, Iowa City, Kirkwood High. Outstanding Worksite Supervisors: Diane Halter, Hawkeye Area Camunity Action Progran Headstart; Phil Brean, Veterans Adninistration Medical Center; Joan VandenBerg, Willcwcreek Neighborhood Center. Presi- dent's Award: Carol lhorpson, Director of the Departnert of Mman Services. The Mayor congratu- lated all recipients and camended Peg McElroy, Director of the program. The Mayor proclaimed May 15-21, 1988, as PUBLIC WORKS WEEK; May 18, 1988, as TRANSIT APPRECIATION DAY; May 15-21, 1988, as SENIOR CENTER WEEK. Moved and seceded that the following iters and recanrerdations in the Consent Calendar be received, or approved, and/or adopted as arended: Approval of Official Council Actions of the regular meeting of 5/3/86 and the special meet- ing of 5/10/88, as published, subject to correc- tions, as recamended by the City Clerk. Minutes of Boards and Caomissions: Resources Conservation Corm. -4/11/88; PAR Cann. -4/13/88; Riverfront Corm. - 3/2/88; Civil Serv- ice Corm. - 4/20/88; Design Review Comm. -4/28/88; Housing Corm. -4/12/88; Bd. of Library Trustees - 4/21/88; P&Z Canm. - 5/5/88. Permit Mations and Resolutions: Class C Liquor License for Mmn's Saloom & Eatery , 21 W. Benton Street. Class C Beer Permit for Iona Oil Carpany, 2229 Muscatine. Special Class C Beer/Wine Permit for Pizza Hut, 127 loa Avenue. Class C Beer Permit for Iova City Tennis & Fitness Center, Inc., 2400 North Dodge Street. Class A Liquor License for LeRcy E. Weeks Post #3949 Veterans of Foreign Wars, 609 Hwy. 6 By-Pass. Class C Liquor License for Fitzpatrick's Ale Rouse, 525 South Gilbert. Class C Liquor License for V.C.'s Lounge, Ltd., 1578 First Avenue. Class E Beer Permit for Kun & Go #422, 513 S. Riverside. Class C Liquor License for Colonial Bowling Lanes, 2253 Old r Official Actions May 17, 1988 Page 2 Hwy. 218 South. Class C Beer Permit for Wareco, 828 S. Dubuque Street. Class C Beer Permit for Sinclair Retail Station & Convenience Store, 731 Riverside Drive. Resolutions: FES. 88-95, PCCEPfING WORK FOR THE SANITARY SEWER IWROVFDENTS FOR LOTS 36 THRJ 41 OF TIE WEST SIDE PARK SUBDIVISION. correspondence: Petition from Concerned Citizens of Iowa City (391 signatures) concern- ing Idyllwild Subdivision. Maoo from the Civil Service Cam. submitting a certified list of applicants for the following positions: Senior Accountant/Treasury; Customer Service Represen- tative/Treasury; custarei, Service Manager/Treas- ury. Robert W. Cryder requesting parking be discontinued on both sides of Dover Street, referred to the Traffic Engr. Applications for the Use of Streets and Public Grounds: Mercy Hospital for a three-mile walk/run on 5/4/88, approved. Mrs. Patricia Van Eck for permission to hold the Manorial Day Observance on Park Road Bridge and at Oakland Cenetery on 5/30/88, approved. Mark M. Tenai for permission to distribute The Add Sheet at TF several locations on City sidewa s on A nes- days of each week, approved. IQJQC-TV, Daven- port, for permission to park a satellite dish truck on the south side of Jefferson Street on 5/12/88, while telecasting fran the steps of Old Capitol, approved. Applications for City Plaza Use Permits: Mike Henry of Latin American Hunan Rights Advo- cacy Center, for permission to set up a table in City Plaza from which to distribute literature and offer crafts for donations on 5/10, 11, 12, 13/88, approved. Johnson County Mothers Against Drunk Driving (MADD) for permission to set up a table in City Plaza and to release 225 helium -f- illed balloons on 5/7/B8, approved. The Mayor declared the notion carried. A public tiring was held on an ordinance to amend the Zoning Ordinance parking requ reren in the CB -2 zone (Northwestern Bell property). The following people appeared: Atty. Jay Horatian, Atty. Craig Willis, Jerry Meis, Freida Hieronymus, Pat Grady, Atty, Phil Leff. The Mayor stated Council would take action June 14th. A public hearing was held on an ordinance to arrenJ the high-rise dwelling, grade, and story definitions in the Zoning ordinance. r Official Actions May 17, 1988 Page 3 A public hearing was held on an ordinance to arrend Chapter 32, Subdivision Regulations, to permit a waiver of certain requirements and correct an error in Section 32-7, Exceptions. moved and seconded that the rule requiring ordi- nances to be considered and voted on for passage at two Council meetings prior to the meting 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 Mavor declared the notion carried. Roved and seconded that the ordinance to amend Chapter 32, Subdivision Regulations, to permit a waiver of certain require - merits and Corrrrect an error in Section 32-7, Excep- tions, be given second vote for passage. The Mayor declared the motion carried. Roved and seconded to adopt a resolution approv- ing 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. The City Attorney reported that the preliminary plat didn't ccuply with City Code Sec- tion 11.10 of the Flood Plain Managenart Ordinance providing that subdivision proposals intended for residential developrent shall provide all lots with means of vehicle access that will renin passable during a 100 year flood. Moved and seconded to accept and place on file the letter from Atty. Cruise. The Mayor declared the motion carried. Moved and seconded to accept and place on file the letter from Atty. Clemens Erdahl. The Mayor declared the motion carried. After discussion the Mayor declared the resolution defeated. Moved and seconded to accept the recomaerdation of the Planning and Zoning Cmmission concerning the inprove ent of Foster Road, Taft Speedway, and Calibria Court in association with the preliminary Plat of Idyllwild Subdivision. The Mayor declared the motion defeated. Moved and seconded to accept the recamiendation of the Planning and Zoning Carmissicn that the City Council request of the Johnson County Council of Garerrnents that a traffic study of Dubuque Street between 1-80 and Park Road be cone. The Mayor declared the notion carried. Moved and seconded to adopt a resolution approv- ing the preliminary plat of Nottingham Place, a 29 -lot, single-family residential subdivision lo- cated north of Whiting Avenue, east of Ridge Road and west of Shimek School. Atty. Joe Holland, repre- senting people in the area, sumorized concerns and Presented a drawing of Die area. moved and sec- onded to accept and place on file the drawing pre- Official Actions May 17, 1988 Page 4 sented. The Mayor declared the motion carried. Atty. Phil Leff, representing the developer, noted the developer had met every requirement for develop- ment in the area. The Mayor declared the resolution defeated. Moved and seconded to adopt RES. 88-96, APPROV- ING THE FINAL RAT OF FIRST Ata ROCHESTER, PART THREE, an 18.43 acre, 27 -lot, single-family residen- tial subdivision located north of Rochester Avenue on Hickory Trail extended, as arended. The City Atty, recomrended the subdivision documents be ap- provcd subject to developer's conveyance of another ten feet of serer easenent in First and Rochester, Part II, imnediately west of this area so that the City will have continuance of a 20 foot serer ease- ment to the northern comron boundary of those two subdivisions. Moved and seconded to include such language into the resolution. The Mayor declared the motion to annend the resolution carried. Moved and seconded to defer the following: a resolution approving the final plat of Southwest Estates Subdivision, Part Three, a 9.620 acre, 27 -lot residential subdivision located north of Rohret Road and east of Phoenix Drive and a resolu- tion approving the final plat of Southwest Estates Subdivision, Part Four, a 12.242 acre, 28 -lot resi- dential subdivision located generally north of Rohret Road and east of Phoenix Drive. The Mayor declared the motion to defer carried. Moved and seconded to refer to the City Nanager the recommendation of the Planning and Zoning Carr mission that the City undertake a study to analyze the future development of the downtown. The Mayor declared the notion carried. A public hearing was held on the disposition of a vacated portion of Hollywood Boulevard right-of- way, extending 225 feet west of Broadway Street. Moved and seconded to adopt TES. 86-97, ADIDiDR- IZIhG SALE AND CONVEYANCE BY QUIT CLAIM DEED OF A 225 FOOT PORTION OF THE VACATED RIGHT-OF-WAY OF HOLLYWOOD BOULEVARD. A public hearing was held to receive citizen conments on the program description for the proposed use of $93,000 in Rental Rehabilitation Grant Funds for 1988. Moved ad seconded to adopt FES. 88-98, AIM- IZINS THE FILING OF A PROGRAM DESCRIPTION FOR 1998 RFINAL R 31ABILITATION GWWT FURS IN TIE AMJl1JT OF $93,000 HIDER SECTION 17 OF THE UNITED STATES HOUS- ING ACT OF 1937, INCLLOING ALL LIDERSTANDINGS AND CERTIFICATIONS CONTAINED THEREIN, AN) DESIGNATING THE CITY IWOM AS NIDIORIZED CHIEF EXECUTIVE OFFICER FOR TIE GRANT. Official Actions May 17, 1988 Page 5 A public hearing vas held on FY88 Operating Budget Amendnent. moved and seconded to adopt RES. 88-99, AMENDING THE CURRENT BA(ET FOR THE FISCAL YEAR ENDING ME 30, 1988. A public hearing was held on FYBB and FY89 proposed Capital Projects Fund Budget. moved and seconded to adopt RES. 88-100, ADOPT- ING TIE CAPITAL PROJECTS Rn BLDGET FOR FISCAL YEARS ENDING JIB 30, 1988, AM 1989. The mayor announced the folloaing vacancy: Hous- ing Cann. - one vacancy for an unexpired tern ending 5/1/89. This appointment will be made at the 6/28/88 meeting of the City Council. Moved and seconded to re -appoint Agnes Kuhn, 1185 E. Jefferson, to the Cannittee On Camumty Needs for a three-year tenn ending 7/1/91. The Mayor declared the motion carried. The City manager reminded Council of an earlier mono regarding a recreation grant frau the Iae Department of Natural Resources (OW) thru Mayor's Youth Enploynent to install river access and noted a notion was needed authorizing the City manager to enter into an agrearent. moved and seconded to authorize the City Manager to execute an agrement for the boat rang access/DNR Project. The mayor declared the motion carried. consent The City Attorney reported Signed decree had been sent to DR last Thursday and they indicated that sewer extension permits for our local developers would be released within one week. Staff Will follow-up. Recamendation of the Riverfront Daimission referred to staff for investigation as follows: The Riverfront Canmission recomeds to Council that the City develop a safe pedestrian right-of-way between Harrison and Prentiss streets along the Ima River and maintain the area for public recreational use. moved and seconded to adopt RES. 88-101, ACCEPT- ING AN OFFER To R1RCHM A CERTAIN PARCEL OF LAM "M AS PARCEL B LOCATED IN THE. LOWER RALSTON CREEK AREA OF AM THE C� CLERK TO ATTEST A CONTRACT FOR THE IZING TIE MAYOR TO SIGN ALE OF SAID PARCEI. B. moved and seconded to adopt RES. 88-102, ACCEPT- ING AN OFFER TO PURIM A CERTAIN PARCEL OF LAND MM AS PAWA D IN AREA OF IDA CCITY,LOCATED AND AU0MIZING� MAYOR TTOCFEEK SIGNN AND THE CITY CLERK TO ATTEST A CONT FOR THE SALE OF SAID PARCEL D. Atty. mark honer, representing the developer, asked Cantil to proceed with ap- proval of the resolution but noted the parcel naw had restrictions placed yron it that were not part of the bidding documents. Official Actions May 17, 1988 Page 6 Moved and seconded to adopt RES. 88-103, REJECT- ING ALL OFFERS ON PARCEL C LOCATED IN TIE LCWER RALSTON CREEK AREA OF IOWA CITY, AND CAN1:11.ING THE PUBLIC HEARING SET FOR MAY 17, 1988, ON THE ACCEP- TANCE OF AN OFFER TO PURCHASE SAID PARCEL C. Moved and seconded to adopt the following fund- ing agreement resolutions: RES. 88-104, BIG BROTH- ERS/BIG SISTERS OF JOHNSON COUNTY ($25,300); RES - 88 -105, IOWA CITY CRISIS INTERVENTION CENTER ($18,138); RES. 88-106, DUfSTIC VIOLENE PRD ECT ($20,000); FES. 88-107, JOHNSON! COUNTY H46EYE AREA COMMINITY ACTION PROGRAM PROJECT IEADSTART ($2,600); RES. 88-108, MID -EASTERN COUNCIL ON CHEMICAL A3wE ($10,000); RES. 88-109, PAPE VICTIM ADVOCACY PROGRAM ($11,000); RES. 88-110, JUM COUNTY ONRTER, AMERICAN RID CROSS ($1,000); RES. 88-111, WILLOW CREEK NEIGHBORH00D CENTER ($14,000). Moved and seconded to adopt the following fund- ing agreenmt resolutions: FES. 88-112, ELDERLY SERVICES AGENCY OF JXIPSON COXTTY ($35,500); RES. 88-113, MAYOR'S YOUTH ET4PLOYNENT PROGRAM ($30,000). Moved and seconded to adopt the following funding agreement resolutions: FES. 88-114, UNITED ACTION FOR YOUTH, Cemunity Development Block Grant Funding ($22,100); RUES. 88-115, LN11ED ACTION FOR YOUTH, General Fund ($17,900). Moved and seconded to defer an ordinance amend- ing the [busing Code, Chapter 17 of the Code of Ordinances. The Mayor declared the nation carried. Moved and seconded that the rule requiring ordi- nances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88-3380, MMING CHAPTER 32.1, ENr FO "TAXATION AND REVENUES' OF THE CODE OF ORDINANCES OF TIE 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 AMD FOR LANDFILL USE AND ALSO ADD AN ANNUAL ADVANCE-PANK OPTION FOR MONTHLY ALL -DAY PARKING PERMITS, be voted on for final passage at this time. The Mayor de- clared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adjourn 10:20 p.m. The Mayon declared the rnotion carried. A more complete description of Council activi- ties is on file in the office of th4City Clems/JOHN MICDONAI D MA s/MARIAN K. KARR, CITY CLERK Submitted for Publication - 526/ Complete Description of Council Activities May 17, 1988 Iowa City Council, reg. mtg., 5/17/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Larson, McDonald, Strait. Absent: (lone. Staffinembers present: Atkins, Helling, Timmins, Karr, McElroy, Schmeiser, Lundell, Davidson, Brinton, Milkman, Vitosh. Council minutes tape recorded on Tape 88-C31, Side 1, 453 -END, Side 1, 1 -END; 88-C33, Side 1 and 2. The Mayor proclaimed May 15-21, 1988, as YOUTH EMPLOYMENT 'WEEK and presented awards for outstanding enrollees and outstanding supervisors in the in -school component of the Mayor's Youth Employment Program. Out- standing Enrollee category: Theresa Hollar, Iowa City West High and Michelle Nachtman, Iowa City West High. Honorable Mention: Tashia Wenzel, Iowa City, Kirkwood High. Outstanding Worksite Supervisors: Diane Halter, Hawkeye Area Community Action Program Headstart; Phil Bream, Veterans Administration Medical Center; Joan Vandenberg, Willowcreek Neighborhood Center. President's Award: Carol Thompson, Director of the Department of Human Services. The Mayor congratulated all recipients and commended Peg McElroy, Director of the program. The Mayor proclaimed May 15-21, 1988, as PUBLIC WORKS WEEK; May 18, 1988, as TRANSIT APPRECIATION DAY; May 15-21, 1988, as SENIOR CENTER WEEK. The Mayor noted the additions to the Consent Calendar. Moved by Strait, seconded by Courtney, 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 5/3/88 and the special meeting of 5/10/88, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Resources Conservation Comm. - 4/11/88; P&R Comm. - 4/13/88; Riverfront Come. - 3/2/88; Civil Service Comm. - 4/20/88; Design Review Comm. - 4/28/88; Housing Comm. -4/12/88; Bd. of Library Trustees - 4/21/88; P&Z Comm. - 5/5/88. Permit Motions and Resolutions: Approving a Class C Liquor Li- cense for J.S. Mumney Inc. dba Mum's Saloon & Eatery , 21 W. Benton Street. Approving a Class C Beer Permit for Iowa Oil Company dba Iowa Oil Company, 2229 Muscatine. Approving a Special Class C Beer/Wine Permit for Pizza Hut of America, Inc. dba Pizza Hut, 127 Iowa Avenue. Approving a Class C Beer Permit for Iowa City Tennis & Fitness Center, Inc. dba Iowa City Tennis & Fitness Center, Inc., 2400 North Dodge Street. Approving a Class A Liquor License for LeRoy E. Weeks Post 93949 Veterans of Foreign Wars dba LeRoy E. Weeks post #3949 Veterans of Foreign Wars, 609 Hwy. 6 By Pass. Approving a Class C Liquor License for Gary Fitzpatrick dba Fitzpatrick's Ale House, 525 South Gilbert. Approving a Class C Liquor License for Virgil C. Mills dba V.C.'s Lounge, Ltd., 1578 First Avenue. Approving a Class E Beer Permit for Krause Gentle Corporation dba Kum & Go 9422, 513 S. River- side. Approving a Class C Liquor License for Pershell Corporation dba Colonial Bowling Lanes, 2253 Old Hwy. 218 South. Approving a Class C Minutes Council Activities May 17, 1988 Page 2 Beer Permit for Ware & McDonald Oil Co., dba Wareco, 828 S. Dubuque Street. Approving a Class C Beer Permit for Sinclair Marketing, Inc. dba Sinclair Retail Station & Convenience Store, 731 Riverside Drive. Resolutions: RES. 88-95, Bk. 97, p. 95, ACCEPTING WORK FOR THE SANITARY SEWER IMPROVEMENTS FOR LOTS 36 THRU 41 OF THE WEST SIDE PARK SUBDIVISION. Correspondence: Petition from Concerned Citizens of Iowa City (391 signatures) concerning Idyllwild Subdivision. Memo from the Civil Service Comm. submitting a certified list of applicants for the I positions: Senior Accountant/Treasury; Customer Service Representative/Treasury; Customer Service Manager/Treasury. Robert W. Cryder requesting parking be discontinued on both sides of Dover Street, referred to the Traffic Engr. Applications for the Use of Streets and Public Grounds: Mercy Hospital for a three-mile walk/run on 5/4/88, approved. Mrs. Patricia Van Eck for permission to hold the Memorial Day Observance on Park Road Bridge and at Oakland Cemetery on 5/30/88, approved. Mark M. Tenai for permission to distribute The Add Sheet at several locations on City sidewalks on Wednesdays o ea�cF weef— approved. KWgC-TV, Davenport, for permission to park a satellite dish truck on the south side of Jefferson Street on 5/12/88, while telecasting from the steps of Old Capitol, approved. Applications for City Plaza Use Permits: Mike Henry of Latin American Human Rights Advocacy Center, for permission to set up a table in City Plaza from which to distribute literature and offer crafts for donations on 5/10, 11, 12, 13/88, approved. Johnson County Mothers Against Drunk Driving (MADD) for permission to set up a table in City Plaza and to release 225 helium -filled balloons on 5/7/88, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend the Zoning Ordi- nance parking requirements in the CB -2 zone (Northwestern Bell property). The following people appeared: Atty. Jay Honohan presenting a petition from property owners of small businesses opposing the request; Atty. Craig Willis, member of the Chamber of Commerce Task Force and business resident of the area, supporting the request; Jerry Meis, President of the Chamber of Commerce, supporting the request; Freida Hieronymus, 3322 Muscatine Avenue, supporting the request; Pat Grady, Executive Director of the Chamber of Commerce, supporting the request; Atty. Phil Leff, legal coun- sel for Northwestern Bell, supporting the request. The Mayor stated Council would take action on the request at their next meeting, June 14th. A public hearing was held on an ordinance to amend the high-rise dwelling, grade, and story definitions in the Zoning Ordinance. No one appeared. Minutes Council Activities May 17, 1988 Page 3 A public hearing was held on an ordinance to amend Chapter 32, Subdi- vision Regulations, to permit a waiver of certain requirements and correct an error in Section 32-7, Exceptions. No one appeared. Moved by Ambrisco, seconded by Strait, that the rule requiring ordi- nances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance to amend Chapter 32, Subdivision Regulations, to permit a waiver of certain requirements and correct an error in Section 32-7, Exceptions, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, to adopt a resolution approv- ing 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. The City Attorney reported that the preliminary plat didn't comply with City Code Section 11.10 of the Flood Plain Management Ordinance providing that subdivision proposals intended for residential development shall provide all lots with means of vehicle access that will remain passable during a 100 -year flood. He outlined two choices avail- able to Council: 1) disapprove the preliminary plat, or 2) defer plat for further consideration. Options to the developer, as stated by the City Attorney were: 1) to remove those lots from the subdivision plat proposal by revising the final plat now on file or preferably, 2) by revising both the preliminary and final plat. Councilmember Horowitz read into the record the letter submitted 5/17 from Atty. John Cruise, representing the developer, regarding public input/objections being received at the formal Council meeting. Moved by Horowitz, seconded by Strait, to accept and place on file the letter from Atty. Cruise. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Strait, to accept and place on file the letter from Atty. Clemens Erdahl representing homeowners in the area. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. After discussion the Mayor declared the resolution defeated on unanimous roll call vote, 0/7, all Councilmembers present. Moved by Courtney, seconded by Strait, to accept the recommendation of the Planning and Zoning Commission concerning the improvement of Foster Road, Taft Speedway, and Calibria Court in association with the prelimi- nary plat of Idylywild Subdivision. The Mayor declared the motion de- feated unanimously, 0/7, all Councilmembers present. Horowitz stated she voted against the recommendation because of the deficiencies, ordinarily Council would have meet with Planning & Zoning. Moved by Courtney, seconded by Horowitz, to accept the recommendation of the Planning and Zoning Commission 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. PPD Dir. Don Schmeiser present for discussion. The City Manager stated JCCOG has already established Minutes Council Activities May 17, 1988 Page 4 priorities and he would prefer doing this study in-house as compared to hiring someone from outside. Staff will report back to Council at the next meeting on approaching the study. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Strait, seconded by Dickson, to adopt a resolution approving the preliminary plat of Nottingham Place, a 29 -lot, single-family residen- tial subdivision located north of Whiting Avenue, east of Ridge Road and west of Shimek School. Councilmembers stated their reasons for denial of this subdivision. Atty. Joe Holland, representing people in the area, summarized concerns and presented a drawing of the area. Moved by Horowitz, seconded by Strait, to accept and place on file the drawing presented. The Mayor declared the motion carried unanimously. 7/0, all Councilmembers present. Atty. Phil Leff, representing the developer, noted the developer had met every requirement for development in the area. Strait requested Council reactivate the Urban Environmental Ad Hoc Commit- tee to further consider some of the questions raised. Council agreed to schedule the matter for further informal discussion. The Mayor declared the resolution defeated on unanimous roll call vote, 0/7, all Council - members present. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-96, Bk. 97, p. 96, APPROVING THE FI14AL PLAT OF FIRST AND ROCHESTER, PART THREE, an 18.43 acre, 27 -lot, single-family residential subdivision located north of Rochester Avenue on Hickory Trail extended, as amended. PPD Director Don Schmeiser and the City Attorney stated the subject of extension of sani- tary sewer to the north property line of the subdivision was discussed at informal session. The developer has indicated he would provide that extension at his cost; however, the additional documents have not been submitted. The City Atty. recommended the subdivision documents be ap- proved subject to developer's conveyance of another ten feet of sewer easement in First and Rochester, Part II, immediately west of this area so that the City will have continuance of a 20 foot sewer easement to the northern common boundary of those two subdivisions. Moved by Horowitz, seconded by Dickson, to include such language into the resolution. The Mayor declared the motion to amend the resolution carried unanimously, 7/0, all Councilmembers present. The Mayor declared the resolution adopted as amended. Moved by Strait, seconded by Horowitz, to defer the following: a resolution approving the final plat of Southwest Estates Subdivision, Part Three, a 9.620 acre, 27 -lot residential subdivision located north of Rohret Road and east of Phoenix Drive and a resolution approving the final plat of Southwest Estates Subdivision, Part Four, a 12.242 acre, 28 -lot residential subdivision located generally north of Rohret Road and east of Phoenix Drive. PPD Director Schmeiser noted a letter had been received from the applicant waiving the 60 -day limitation period. The Mayor de- clared the motion to defer carried unanimously, 7/0, all Councilmembers present. Minutes Council Activities May 17, 1988 Page 5 Moved by Ambrisco, seconded by Strait, to refer to the City Manager the recommendation of the Planning and Zoning Commission that the City undertake a study to analyze the future development of the downtown. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on the disposition of a vacated portion of Hollywood Boulevard right-of-way, extending 225 feet west of Broadway Street. No one appeared. Moved by Dickson, seconded by Courtney, to adopt RES. 88-97, Bk. 97, p. 97, AUTHORIZING SALE AND CONVEYANCE BY QUIT CLAIM DEED OF A 225 FOOT PORTION OF THE VACATED RIGHT-OF-WAY OF HOLLYWOOD BOULEVARD. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held to receive citizen comments on the program description for the proposed use of $93,000 in Rental Rehabilitation Grant Funds for 1988. Councilmember Horowitz requested this program work in tantem with the Historic Preservation to help rehabilitate our housing stock. No one appeared. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-98, Bk. 97, p. 98, AUTHORIZING THE FILING OF A PROGRAM DESCRIPTION FOR 1998 RENTAL REHA- BILITATION GRANT FUNDS IN THE A14OUNT OF $93,000 UNDER SECTION 17 OF THE UNITED STATES HOUSING ACT OF 1937, INCLUDING ALL UNDERSTANDINGS AND CERTIFICATIONS CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER AS AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on FY88 Operating Budget Amendment. No one appeared. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-99, Bk. 97, p. 99, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1988. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on FY88 and FY89 Proposed Capital Projects Fund Budget. No one appeared. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-100, Bk. 97, p. 100, ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEARS ENDING JUNE 30, 1988, AND 1989. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancy: Housing Comm. - one va- cancy for an unexpired term ending 5/1/89. This appointment will be made at the 6/28/88 meeting of the City Council. Minutes Council Activities May 17, 1988 Page 6 Moved by Strait, seconded by Horowitz, to re -appoint Agnes Kuhn, 1185 E. Jefferson, to the Committee on Community Needs for a three-year term ending 7/1/91. The Mayor declared the motion carried, 7/0, all Council - members present. Councilmember Courtney noted the bill received for mediation services involving the Wastewater Treatment Facilities and asked for costs to the other bodies. Staff will report back. Courtney noted the recommendation from the Riverfront Commission re ownership of the pedestrian area between Harrison and Prentiss Streets and asked staff to investigate and report back to Council. Courtney questioned what the State had decided re traf- fic conditions on Hwy. 6. The City Manager stated the City should have some indication by June 1. Councilmember ilorowitz reported on the opening of a track meet for elementary children this past Monday. Horowitz noted problems cited by businesses with train crossings during peak times and questioned the use of ordinances to regulate times. Staff will investi- gate and report to Council regarding regulations governing blocking inter- sections. Horowitz raised concerns re the loss of trees and parking cars on the paved overstrip of grass at Carousel Motors. The City Manager stated staff was discussing the problems with the owners and discussions would continue until the matter is resolved. Horowitz requested copies of the Stanley Consultants Waste -to -Energy report for new Councilmembers. Councilmember Strait noted the vacant structure at 420 Church Street and Council informal discussion the previous evening. Staff will formulate an ordinance to address abandoned buildings for Council discussion. Council - member Dickson reminded citizens about the American -Soviet Peace Walk July 3-5. Councilmember Ambrisco complimented the Bd. of Regents on the ap- pointment of Hunter Rawlings, III, as the new President of the University of Iowa. The Mayor noted the recent fire at Gay's Locker and thanked the following people and businesses for contributions of food for the fire- fighters: Lynn Blanchard, Hy -Vee; Randy Gathers, Country Kitchen; Julie Jones, Hardees; Domino's Pizza; and Donutland. Strait reported on the Committee on Community Needs meeting and discussion re women and minority enterprises. Dickson noted the arrival of the City's new firetruck. The City Manager reminded Council of an earlier memo regarding a rec- reation grant from the Iowa Department of Natural Resources (DNR) thru Mayor's Youth Employment to install river access and noted a motion was needed authorizing the City Manager to enter into an agreement. Moved by Ambrisco, seconded by Strait, to authorize the City Manager to execute an agreement for the boat ramp access/DNR project. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. The City Attorney reported the signed consent decree had been sent to DNR last Thursday and they indicated that sewer extension permits for our local developers would be released within one week. The Mayor questioned why they were not released upon receipt of the decree by DNR. Staff will follow-up. Recomnendation of the Riverfront Commission referred to staff for investigation as follows: The Riverfront Comnission recommends to Council that the City develop a safe pedestrian right-of-way between Harrison and Minutes Council Activities May 17, 1988 Page 7 Prentiss streets along the Iowa River and maintain the area for public recreational use. (Previous discussion noted at Council time, Item No. 16.) Moved by Ambrisco, seconded by Strait, to adopt RES. 88-101, Bk. 97, p. 101, ACCEPTING AN OFFER TO PURCHASE A CERTAIN PARCEL OF LAND KNOWN AS PARCEL B LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, A14D AUTHOR- IZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE SALE OF SAID PARCEL B. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. iMoved by Ambrisco, seconded by Dickson, to adopt RES. 88-102, Bk. 97, p. 102, ACCEPTING AN OFFER TO PURCHASE A CERTAIN PARCEL OF LAND KNOWN AS PARCEL 0 LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND AUTHOR- IZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE SALE OF SAID PARCEL D. Atty. Mark Hamer, representing the developer, asked Council to proceed with approval of the resolution but noted the parcel now had restrictions placed upon it that were not part of the bidding documents and requested possible Council assistance, in the form of special meetings and possible vacation of Maiden Lane. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, to adopt RES. 88-103, Bk. 97, p. 103, REJECTING ALL OFFERS ON PARCEL C LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND CANCELLING THE PUBLIC HEARING SET FOR MAY 17, 1988, ON THE ACCEPTANCE OF AN OFFER TO PURCHASE SAID PARCEL C. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt the following funding agreement resolutions: RES. 88-104, Bk. 97, p. 104, BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY ($25,300); RES. 88-105, Bk. 97, p. 105, IOWA CITY CRISIS INTERVENTION CENTER ($18,138); RES. 88-106, Bk. 97, p. 106, DOMESTIC VIOLENCE PROJECT ($20,000); RES. 88-107, Bk. 97, p. 107, JOHNSON COUNTY HAWKEYE AREA COMMUNITY ACTION PROGRAM PROJECT HEADSTART ($2,600); RES. 88-108, Bk. 97, p. 108, MID -EASTERN COUNCIL ON CHEMICAL ABUSE ($10,000); RES. 88-109, Bk. 97, p. 109, RAPE VICTIM ADVOCACY PROGRA14 ($11,000); RES. 88-110, Bk. 97, p. 110, JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS ($1,000); RES. 88-111, Bk. 97, p. 111, WILLOW CREEK NEIGHBORHOOD CENTER ($14,000). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Strait, seconded by Dickson, to adopt the following funding agreement resolutions: RES. 88-112, Bk. 97, p. 112, ELDERLY SERVICES AGENCY OF JOHNSON COUNTY ($35,500); RES. 88-113, Bk. 97, p. 113, MAYOR'S YOUTH EMPLOYMENT PROGRAM ($30,000). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Ambrisco, seconded by Strait, to adopt the following funding agreement resolutions: RES. 88-114, Bk. 97, P. 114, UNITED ACTION FOR YOUTH, Community Development Block Grant Funding ($22,100); RES. 88-115, 1 14inut es Council Activities May 17, 1988 Page 8 Bk. 97, p. 115, UNITED ACTION FOR YOUTH, General Fund ($17,900). Affirma- tive roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Ambrisco, seconded by Dickson, to defer an ordinance amending the Housing Code, Chapter 17 of the Code of Ordinances. The Mayor de- clared the motion carried, 7/0, all Councilmembers present. Moved by Courtney, seconded by Strait, that the rule requiring ordi- nances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88-3380, Bk. 29, p. ENTITLED "TAXATION AND REVENUES" 22, AMENDING CHAPTER 32.1, UES" 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 AD- VANCE -PAYMENT OPTION FOR MONTHLY ALL -DAY PARKING PERMITS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, that the ordinance be finally adopted at this time. present. The Mayortive roll declared thelvote ordinance adopted. all Councilmembers , Moved by Ambrisco, seconded by Larson, to adjourn 10:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. ATTEST: 14ARIAN K. KARR, CITY CLERK JOHN M DON LD, MAYOR t OFFICIAL ACTIONS - 6/1/88 The cost of publishing the following Proceed- ings and claims is $ . Curulative cost for this calendar year for said publication is S Iowa City Council, special mtg., 5:15 p.m. at the Civic Center. Mayor McDonald presiding. Courcilmanbers present: Arbrisco, Courfiney, Dickson, Horowitz, MMonnald. Absent: Larson, Strait. Moved ard secarded to adopt RES. 88-116, AomiNG AD AIfiCRIZING AND DIRECTING THE MAYOR ANT CITY CLEW TO EXECUTE AND ATTEST, RESPECTIVELY, AN AfAEEMW BY TVD BETWEEN THE CITY OF IOWA CITY, Im, AAD sTWEY CCNSiLTATS, INC. FOR THE PROVI- SION OF OOh acTION hY+PYVfAQIT SERVICES, ALL IN CONNECTION WITH THE 0Oh5TR11CTION OF RE UM EXESS FLOW AND W4STE1fATER WTHY FACILITIES AD THE SOUTH WASTEWATER TRFAVINT FACILITIES. Moved and seconded to approve a Class C Liquor License for Three Elms, Inc. dba The Airliner, 22 South Clinton Street. The MdYor dalared the notion carried. Moved and seconded to adopt RES. 88-117, ISSUING A CIGARETTE PEINIT. Moved and seconded to adjourn to executive session to discuss strategy with counsel on matters that are presently in litigation or where litigation is imninent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the notion carried. A more conplete description of Council activities is on file in the office of the City /r Clerk. s/JDN MMONALD, MAYOR s/MWRIA N K. KARR, CITY CLER( Submitted for publication 6/9/8 9 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES June 1, 1988 Iowa City Council, special mtg., 5:15 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, McDonald. Absent: Larson, Strait. Staff members present: Atkins, Helling, Timmins, Karr, Schmadeke, Farmer, Fosse, Beagle. Council minutes tape recorded on Tape 88-34, Side 1, 1-130. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-116, Bk. 97, p. 116, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND STANLEY CONSULTANTS, INC. FOR THE PROVISION OF CONSTRUCTION MANAGEMENT SERVICES, ALL IN CONNECTION WITH THE CONSTRUCTION OF THE NORTH EXCESS FLOW AND WASTEWATER TREATMENT FACILITIES AND THE SOUTH WASTEWATER TREATMENT FACILITIES. Councilmember Horowitz raised concerns re certain parts of the contract but noted she would continue to discuss matters with the City Attorney rather than hold up Council action at this time. Affirmative roll call vote unanimous, 5/0, Larson, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to approve a Class C Liquor License for Three Elms, Inc. dba The Airliner, 22 South Clinton Street. The Mayor declared the motion carried unanimously, 5/0, Larson, Strait absent. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-117, Bk. 97, p. 117, ISSUING A CIGARETTE PERMIT. The Mayor declared the resolution adopted, 4/1, with the following division of roll call vote: Ayes: Dickson, McDonald, Ambrisco, Courtney. Nays: Horowitz. Absent: Larson, Strait. Councilmember Horowitz noted she voted against the application based on health standards. Moved by Ambrisco, seconded by Horowitz, to adjourn to executive session to discuss strategy with counsel 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. Affirmative roll call vote unanimous, 5/0, Larson, Strait absent. The Mayor declared the motion carried and adjourned to executive session 5:25 P.M. JOHN MCDONALD, MAYOR MARIAN KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES June 14, 1988 Iowa City Council, reg, mtg., 6/14/88, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmeiser, Trueblood, Beagle, Robertson, Rockwell, Cain, Boothroy, Vitosh, Davidson. Council minutes tape recorded on Tape 88-34, Side 1, 130 -END, Side 2, 1 -END; 88-37, Side 1, 1 -END, Side 2, 720-660. The Mayor proclaimed June 19, 1988, as HAZEL WESTGATE DAY; June 14, 1988, as FLAG DAY; June 19-26, 1988, as GAY AND LESBIAN PRIDE WEEK; July 4, 1988, as DAY OF FRIENDSHIP AND PEACE; June 1988 as IOWA RIVER MONTH. The Mayor and Laura Lovell, Chairperson of the Riverfront Commission, presented the 1988 Iowa River Month Special Recognition Award to Lon Drake. Photo Contest Awards were presented to George Cook - First Place; Robert Rude - Second Place and Honorable Mention; Vincent Caseragola- Third Place; Diane Anderson and Claudio Pizzara - Honorable Mention. Emilie Rubright, representing Project GREEN, presented checks of $50 to the first place winner, $30 to the second place winner and $20 to the third place winner. The Mayor and Doug Russell, Chairperson of the Historic Preservation Commission, presented the 1988 Historic Preservation Awards to: Residential Rehabilitation: 614 N. Johnson Street, Roger and Barbel Anderson; Honorable Mention - 405 S. Summit Street, David Jepsen, and 412 S. Summit Street, Douglas Pieper. Commercial Rehabilitation: Paul -Helen Building, Hawkeye Bay States Limited Partnership; Honorable Mention - Old Davis Hotel, 322 E. Washington Street, Bruce Glasgow; and 401 S. Gilbert Street, Benjamin Chait, Aesthetically Sensitive New Construction: 340 E. Burlington Street, Jim Glasgow and Terrence Williams. Preservation of Historic Architectural Resources: Iowa Avenue Bridge, Shive-Hattery Engineers and Associates. The Mayor and Peg McElroy, Director of Mayor's Youth Employment Program, presented Mayor's Youth Employment Awards for outstanding performance on the "Adopt -A -Bed" Program to: Certificates of Completion: Tim Coblentz, Bob Conley, Jay Curl, Nathan Howard, Michelle Lehman, John Michaelson, Dave Newman, Jeremy Rogers, Mark Smith, and Gary Weatherly. Behavioral Learning Center Certificates of Completion: Jean Karr, Mick Bowers, and Judy Rohret. Behavioral Learning Center Certificate and Plaque: Teacher Linda Lawrence. Plaques to City Staff: Terry Robinson and Sheri Thomas. Golden Pruning Shears Awards: Bruce Haupert and A.K. Traw. Moved by Courtney, seconded by Dickson, 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 5/17/88 and the special meeting of 6/1/88, as published, subject to corrections, as recommended by the City Clerk. MINUTES COUNCIL ACTIVITIES JUNE 14, 1988 PAGE 2 Minutes of Boards and Commissions: Mayor's Youth Employment Program Board of Directors - 4/27/88; Airport Comm. - 4/14/88; Bd. of Adjustment - 5/11/88; Riverfront Comm.- 5/4/88; Historic Preservation Conor. - 4/20/88; Sr. Center Comm. - 4/18/88; Design Review Comm.- C526/88; police and Fire Retirement om .— 5/17/88; Library Bd. of Trusteestem5/26/88 Mtg. - 3/29/88; CCN Permit Motions and Resolutions: Approving a Class C Liquor License for Fraternal Order of Eagles. Iowa City Aerie 8695 dba Fraternal Order of Eagles, Iowa City Aerie 8695, 225 Hwy. 81 South. Approving a Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 East Market Street. Approving a Class E Beer Permit for AM -PM Mini Mart Corp. dba AM -PM Mini Mart, 2303 Muscatine Ave. Approving a Class E Beer Permit for Walgreen Company dba Walgreen's, 1646 Sycamore. Approving a Class E Beer Permit for John's Grocery, Inc. dba John's Grocery, Inc., 401 E. Market Street. Approving a Class E Beer Permit for Drug Fair, Inc. dba People's Drug 85276, 2425 Muscatine Ave. Approving a Class E Beer Permit for anik0utdoororServicendba Area forTJjS.BMummey01 InckedbaStreet. Mumm's Saloon en& EateGaryryFit patricknton dba Street. Fitzpatrick's vAlehouse,an Outdoor Inc. Service S. Area Gilbert Street. Approving a Special Class C Beer/Wine Permit for Michael O.L. Chan dba Canton House, 713-715 S. Riverside Drive. RES. 88-118, Bk. 98, p. 118, ISSUING A DANCING PERMIT. Approving a Class B Liquor License for MS Restaurant Corporation, Inc. dba Denny's Restaurant at Howard Johnson Motel, I-80 & North Dodge Street. Motions: Approving disbursements in the amount of $2,963,596.26 for the period of 4/1 thru 4/30/88, as recommended by the Finance Director, subject to audit. Resolutions: RES. 88-119, Bk. 98, p. 119, ACCEPTING WORK FOR THE PAN 120 ACCEPTING ARY SEWER PTHE EW RKSFORRTHECPAVING ANDHESTER E. ESTORM IMPS. ROVEMENTS FOR THENR HESTER PAV NG LACE. RES. AND STORM SEWER (IMPROVEMENTS ACCEPTING FOR BOYRUMSUB IVISION, PART 3. Setting Public Hearings: RES. 88-122, Bk. 98, P. 122, TO SET A PUBLIC HEARING FOR 6/28/88 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY89 LANDFILL EXCAVATION PROJECT. Correspondence: Yogurt Etc., requesting permission to place benches outside their store in Brewery Square, on public sidewalk under the awning of Yogurt Etc. for the use of their customers. Season's Best, Inc. requesting an exemption to Section 5-41(c) and (d) of the Code of Ordinances (outdoor service area - requirement for screening and accessibility from licensed premises only) in order to establish an outdoor ro a change parking requirementsinthe C-2 zone. in e in entryway to their t. JB o regardingproposedp posed MINUTES COUNCIL ACTIVITIES JUNE 14, 1988 PAGE 3 Memo from the Traffic Engineer re: Parking prohibition on High Street; Stop sign at Heinz Road and Scott Boulevard; Parking prohibition on Lee Street; Parking prohibition on the Frontage Road between Carousel Motors and Highway 1 West. Applications for Use of Streets and Public Grounds: David Gladstein to have the Sigma Chi "Run for Your Life" 5K run on 9/18/88, approved. Iowa City Public Library to have a run for Library employees and families on 6/12/88, approved. Applications for City Plaza Use Permits: Iowa International Socialist Organization to have a literature table on City Plaza on 5/28, 6/11, 7/9, 7/23, 8/6, and 8/20/88, between the hours of 2:00 and 4:00 p.m., approved. New Pioneer Co-op to have a pancake breakfast on City Plaza on 6/26/88, between the hours of 7:00 a.m. and 1:00 p.m., approved. Latin American Human Rights Advocacy Center to have a literature table and offer crafts for donations on 5/24-28/88 and 5/31, 6/1, 7/10, and 7/1-5/88, approved. Willow Creek Neighborhood Center to sell tickets for a fund-raiser on 5/16/88, approved. Lynne Vermace to set up a table on City Plaza from which to distribute literature and collect signatures on a petition, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Dickson, seconded by Strait, to set a public hearing for 6/28/88 on an ordinance to vacate portions of Capitol and Bloomington Streets. Larson noted this project was proposed by the University and encouraged concerned citizens to attend the public hearing. The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Larson, seconded by Horowitz, that the ordinance to amend the Zoning Ordinance parking requirements in the CB -2 zone, be given first vote for passage. Atty. Jay Honohan appeared and raised objections to the issuance of a building permit to Northwestern Bell and requested action be deferred on this ordinance until after a downtown study had been completed. The City Attorney explained that the ordinance before the Council did not affect the portion of the building being converted for the University. HIS Director Boothroy further stated that the remainder of the vacant space would come under the provisions of the ordinance being considered. After discussion the Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Courtney, Dickson, Horowitz, McDonald, Strait, Ambrisco. Nays: Larson. Moved by Courtney, seconded by Dickson, 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. PPD Director Schmeiser stated the ordinance was not trying to change the land use concepts established in 1962, but was trying to encourage high-rise, high density development in MINUTES COUNCIL ACTIVITIES JUNE 14, 1988 PAGE 4 the community. Schmeiser stated a letter had been received from the applicant requesting expedited action. Councilmembers Horowitz and Larson raised concerns re the possible need for re-examination of policies and noted the loss of Federal monies for transit. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Dickson, that the ordinance to amend the high-rise dwelling, grade, and story definitions in the Zoning Ordinance, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that ORD. 88-3381, 8k. 29, p. 23, AMENDING CHAPTER 32, SUBDIVISION REGULATION, TO PERMIT A WAIVER OF CERTAIN REQUIREMENTS AND CORRECT AN ERROR IN SECTION 32-7, EXCEPTIONS, be passed and adopted. Strait clarified that PPD staff would notify Council whenever a subdivision design would dictate a waiver of certain requirements. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. The Mayor noted that the next item on the agenda was a resolution setting forth the reasons for disapproval of the preliminary plat of Idyllwild Subdivision, and that Council had denied that preliminary plat on May 17 because it did not conform to the existing flood plain ordinance. He stated it was the recommendation of the Legal Department that the motion to deny be reconsidered and the preliminary plat be referred back to the Planning and Zoning Commission. The City Attorney said the developer was in the process of revising his preliminary plat and final plat and this procedure would allow the Planning and Zoning Commission to deal with both items. Moved by Ambrisco, seconded by Horowitz, that the Council reconsider its action of May 17, 1988, rejecting the preliminary plat of Idyllwild Subdivision and send that preliminary plat back to the Planning and Zoning Commission for action concurrently with action on the final plat of that subdivision. Horowitz stated that she feels the matter should be reviewed by the Planning and Zoning Commission again, but also feels strongly why Council took the original action and rejected the subdivision. Strait agreed. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Strait, seconded by Larson, to adopt RES. 88-124, Bk. 98, p. 124, SETTING FORTH REASONS FOR DISAPPROVAL OF THE PRELIMINARY PLAT OF NOTTINGHAM PLACE, A 29 -LOT SINGLE-FAMILY SUBDIVISION PROPOSED ON AN UNDEVELOPED TRACT LOCATED NORTH OF WHITING AVENUE AND WEST OF SHIMEK SCHOOL. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. PPD Director Schmeiser requested the two resolutions dealing with Southwest Estates Subdivision, Part Three and Part Four, be deferred until the next Council meeting to allow the legal papers to be put in order. Schmeiser noted that the applicant had waived the 60 -day limitation period until after the next meeting. Moved by Ambrisco, seconded by Dickson, to defer until 6/28/88, the following resolutions; A resolution approving the final plat of Southwest Estates Subdivision, Part Three, a 9.62 acre, MINUTES COUNCIL ACTIVITIES JUNE 14, 1988 PAGE 5 27 -lot residential subdivision located north of Rohret Road and east of Phoenix Drive; a resolution approving the final plat of Southwest Estates Subdivision, Part Four, a 12.242 acre, 28 -lot residential subdivision located generally north of Rohret Road and east of Phoenix Drive. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to adopt RES. 88-125, Bk. 98, P. DEVELOPFIEN APPROVING NRD) PLAN FORED THE SYCAMORERMALL EXPANSION, A NON-RESIDENTIAL SQUARE FOOT EXPANSION TO ITS EXISTING FACILITY NORTH OF HIGHWAY 6 AND EAST OF SYCAMORE STREET (Petersen Harned Von Maur department store). PDD Director noted that the Planning and Zoning Commission met on 6/13 and recommended approval with four minor deficiencies to be corrected by the applicant prior to release. Horowitz reiterated her concern regarding the traffic pattern at the northeast end of the Mall near Walgreen's. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Larson, to adopt RES. 88-126, Bk. 98, p. 126, APPROVING A FINAL PLAT FOR A RESUBDIVISION OF HIGHLAND HEIGHTS SUBDIVISION, a 45 -acre, five -lot residential subdivision located approximately two miles north of Iowa City, and conditional release on correction of the deficiencies. PPD Director Schmeiser noted the 60 -day limitation period ends 6/15 and Council must take action and asked Council to approve the final plat subject to receipt of corrected legal papers. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-127, Bk. 98, p. 127, APPROVING THE PRELIMINARY PLAT OF PETERSEN SECOND SUBDIVISION, a 10.37 -acre, seven -lot residential subdivision located approximately 0.5 miles east of Iowa City on Rochester Avenue. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, to adopt RES. 88-128, Bk. 98, P. 12.315 -acre, NG THE 25 -lot refNAL PLAT s de tial subdivision bdiv sionSRUN locatedBDorthlof,RohretFRoad and west of U.S. Highway 218. Dale Sanderson, atty. for Hunter's Run Development Co., appeared regarding timing of the parkland acceptance. He stated he was assured by the Planning and Zoning Commission that the City would accept the parkland and if now there was no obligation on the part of the City to accept that parkland for a long time in the future, the language on the legal papers should be revised. The City Attorney suggested that if Council wished something to be on record, it could be made part of the motion at this time. Atty. Sanderson presented a letter, for the record, outlining his understanding of the City's agreement to accept the parkland. Council majority opinion was that at such time as the parkways are improved to a "mowable" stage that the City would accept them. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Atty. Ralph Neuzil MINUTES COUNCIL ACTIVITIES JUNE 14, 1988 PAGE 6 appeared and thanked Council for their understanding on this matter. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Horowitz, to adopt RES. 88-129, Bk. 98, p. 129, APPROVING THE FINAL PLAT FOR RAPID CREEK RIDGE, a 148.26 -acre, 47- lot residential subdivision located approximately 1.5 miles north of Iowa City on Highway 1. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. i � moved by Ambrisco, seconded by Strait, to adopt RES. 88-130, Bk. 98, p. 130, APPROVING A REDUCTION IN PAVEMENT WIDTH FOR EVERGREEN PLACE, A LOCAL I STREET IN FIRST AND ROCHESTER, PART THREE FROM 28 FEET TO 25 FEET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The City Attorney explained that the ordinance had been pre -published and that one reading was already waived, and the ordinance could be considered for a second consideration and passed and adopted this evening. Moved by Courtney, seconded by Dickson, that the rule requiring that a pre -published ordinance be considered and voted on for passage at one Council meeting prior to the meeting at which it is to be finally passed be suspended, that first consideration and vote be waived, and that the ordinance be given second consideration and be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Dickson, that ORD. 88-3382, Bk. 29, p. 24, AMENDING ORDINANCE NO. 88-3380 BY REPEALING SECTION 2 THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION 2, TO CORRECT AN ERROR IN THE LISTING OF THE AMOUNT OF THE FEES AUTHORIZED BY SECTION 23-277 OF THE CODE OF ORDINANCES RELATING TO MONTHLY ALL -DAY PERMITS (ANNUAL ADVANCE -PAYMENT) FOR PARKING IN THE PARKING RAMPS A AND B, AND IN THE MUNICIPAL PARKING LOT ADJACENT TO RAMP 9, be passed and adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Ambrisco, to make the following appointments: Loren Horton, 3367 Hanover Court, to the Riverfront Comm. for an unexpired term ending 12/1/89; Clark deVries, 516 S. Van Buren, to the Design Review Comm. for an indefinite term. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Ambrisco expressed disappointment at the apparent bid peddling that is taken place between Paul Lawrence and local subcontractor bids that had been submitted to them. Larson noted the memo from HIS Director Boothroy re the new procedure for notifying public housing tenants of pest control sprayings and requested the procedure be revised to include type of chemical ingredients, phone number for emergencies, and recommended antidote. Staff will follow-up. Courtney reiterated concerns businessesfrom several nthe downtown a half block south of WashingtonStreeta d askedif something could abeedone to control the mess. The City Manager stated staff has swept and flushed the alley MINUTES COUNCIL ACTIVITIES JUNE 14, 1988 PAGE 7 on a regular schedule and that the matter would be reviewed for additional attention. Council discussed the responsibility of property owners in the area. The Mayor asked the status of the newspaper vending machine ordinance. The matter will be scheduled for the next Council agenda. The City Manager reported that the City had been contacted by representatives of Iowa -Illinois re signing the Iowa Electric Disaster Plan in the event of a Duane Arnold Energy Center emergency. He recommended that the Mayor sign the agreement and by the next meeting staff would have had time to review the agreement, and have a resolution i setting out concerns. He noted Iowa -Illinois was required to have the document filed with the Federal Emergency Management Association (FEMA) by 6/21. After discussion, Council agreed to have the Mayor sign the agreement and an accompanying letter whereby the City outlined some areas of concern. A resolution setting forth the areas of concern will be on the Council agenda for 6/28. Recommendations of Boards and Commissions noted: Recommendation of the Committee on Community Needs that the City's Citizen Participation Plan be approved as amended; Recommendation of the Riverfront Commission that when Taft Speedway is upgraded, an 8 -foot wide sidewalk be installed parallel to the road and connecting to the bike trail on the west side of Dubuque Street. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-131, Bk. 98, p. 131, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY OPAL D. HOCHSTETLER FOR PROPERTY AT 808 SIXTH AVENUE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-132, Bk. 98, p. 132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY RICHARD AND FAYE JENKINS FOR PROPERTY AT 921 SEVENTH AVENUE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-133, Bk. 98, p. 133, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO LEASE -BUSINESS PROPERTY FOR THE RENTAL OF SUITE 300 IN THE SAVINGS AND LOAN BUILDING FOR PUBLIC WORKS DEPARTMENT OFFICES, PROVIDING FOR THE RENEWAL OF SAID LEASE FOR ADDITIONAL TERMS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-134, Bk. 98, p. 134, ACCEPTING SANITARY SEWER EASEMENT OVER THE WESTERLY 15 FEET OF LOT 7, HIGHLANDER DEVELOPMENT, FIRST ADDITION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. MINUTES COUNCIL ACTIVITIES JUNE 14, 1988 PAGE 8 Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-135, Bk. 98, p. 135, ACCEPTING SANITARY SEWER EASEMENT ON THE REAR PORTION OF LOTS 73, 74, 75, 76, 77, 78 AND 81 OF FIRST AND ROCHESTER, PART TWO. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-136, Bk. 98, p. 136, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FIRST RENEWAL OF A 28(E) AGREEMENT BETWEEN IOWA CITY, JOHNSON COUNTY AND OLD CAPITOL CAB COMPANY FOR SUPPLEMENTAL TAXI SERVICE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-137, Bk. 98, p. 137, AUTHORIZING AN APPLICATION TO THE UMTA SECTION 3 PROGRAM. Staffinember Davidson outlined the application and the difference in Section 3 and Section 9 funding. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Horowitz, to adopt RES. 88-138, Bk. 98, p. 138, AMENDING BUDGETED POSITIONS IN THE TREASURY DIVISION OF THE FINANCE DEPARTMENT, eliminating one full-time cashier position and replacing with two part-time cashier positions. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Horowitz, to adopt RES. 88-139, Bk. 98, p. PUBLICDING WORKS ONE DELETING THE ADMINISTRATIVE HATIMEPOSITION IN OEQUIVALENT THE POS TION TMENINTOF THE ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. 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 first consideration and vote be waived and the second consideration bgiven vote unanimous, 7/0,allCouncilmembers present. The iMayor ve roll l declared the motion carried. Moved by Courtney, seconded by Horowitz, that the ordinance amending Chapter 32.1 of the Iowa Code of Ordinances of the City of Iowa City, entitled "Taxation and Revenues," by adding thereto a new article to be codified as Article V and to be entitled "Municipal Bond Financing," to provide a procedure for issuing duplicate bonds for lost or stolen bonds, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance amending Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa (1) by repealing Sections 17-1, 17-3, 17-4, 17-5, 17-7 and 17-8, and enacting in lieu thereof new sections to be codified the same, providing for the MINUTES COUNCIL ACTIVITIES JUNE 14, 1988 PAGE 9 elimination of the exemption of certain condominium and cooperative units from inspection, to authorize reinspection fees an filing fees for housing appeals, as set by resolution, to authorize an additional remedy for the correction of housing violations, to ensure that certain housing requirements are consistent with current Building and Zoning Codes, and to clarify certain other existing procedures, be given first vote for passage. HIS Director Boothroy said a copy of the ordinance had been sent to the Apartment Association, but the Association has not had a meeting. Boothroy pointed out that the ordinance doesn't change anything that the City already does. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Strait, seconded by Horowitz, to authorize the City Manager to purchase the Business Development Inc. (BDI) land at the scheduled tax sale of June 20 in an amount not to exceed the outstanding special assessments, principal and penalties. The City Manager and the Finance Director explained the procedure and possible alternatives. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Horowitz, seconded by Courtney, to adjourn 10:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A IHN MCDONALD, MAYOR 14ARIAN K. KARR, CITY CLERK 1: Informal Council Discussion June 13, 1988 Informal Council Discussion: June 13, 1988 at 7:35 p.m. in the Council Chambers in the Civic Center. Mayor John McDonald presiding. s Council Present: Strait, Horowitz, Larson, Ambrisco, Dickson, Courtney, r McDonald. Staff Present: Atkins, Helling, Timmins, Karr, Smith, Schmeiser. Tape Recording: Reel 88-35, Side 1, 1 -End, Side 2, 1 -End, Reel 88-36, Side 1, 1-69. r: (; Consent Calendar Additions: Reel 88-35, Side 1 C; Fi City Council agreed to add to the consent calendar a motion approving a Class B liquor license for MS Restaurant Corporation, Denny's Restaurant. Planning t Zoning Matters: F' a. Setting a public hearing for June 28, 1988, on an ordinance to vacate fi= portions of Capitol and Bloomington streets. Y Schmeiser stated this vacation is part of a joint University -City project to construct a parking ramp, water storage facility and chiller plant. Schmeiser stated additional information will be presented to Council prior to the public hearing. In response to Dickson, Atkins said the chiller plant will be located west of the G University chemistry building and behind the City's water plant. Timmins said the chiller plant will be located where the arboretum is currently located. b. Ordinance to amend the Zoning Ordinance parking requirements in the CB -2 zone. (first consideration) � McDonald proposed directing the City Manager to initiate a study to address the issues relating to expanding the CB -10 zone. Horowitz asked if the study would be done within the context of the Comprehen- sive Plan Update. Atkins said the study would be done separately and independently of the Comprehensive Plan Update. Schmeiser stated the study will be part of the Comprehensive Plan process. Horowitz said the major traffic routes and transit routes would be involved. t? Larson asked how long the study would take and what is the occupancy of the Northwestern Bell building. Atkins said the study would take at least six months to complete. Schmeiser said there is sufficient ( parking for the university now, but the additional 18,000 square feet would remain vacant if the proposed ordinance was not adopted. Larson raised concerns about the fairness of the recommendation to the other property owners in the area. Schmeiser explained the original staff position was to waive requirements for office and business service uses in the CB -2 zone; and, as a result of discus- sions between staff and the special committee of the Chamber of Commerce, it was felt the amendment to place the ceiling at 8,000 square feet on the waiver of parking was the best solution. McDonald z said the compromise addresses the immediate problem regarding the use of the Northwestern Bell building and the study would address long- range problems for the area. Ambrisco volunteered to serve as City Council representative on the committee to study the issue of whether or not the City should expand the central business district. C. Ordinance to amend the high-rise dwelling, grade, and story defini- d. Schmeiser noted there is a request to waive first consideration. Strait asked why staff is requesting the expedited action. Schmeiser explained staff has a request for expedited action from the developer who wishes to have the ordinance approved before July 1. Strait asked if staff usually requests the expedited action on behalf of the developer. Schmeiser stated it is not unusual for staff to request the expedited action on behalf of the developer. Schmeiser said staff can obtain a letter from the developer requesting the expedited action by tomorrow's formal meeting. Larson asked Schmeiser to summarize the expected impact and motivation for changing the ordinance. Schmeiser explained when the revision was adopted in 1985, high-rise development was halted and high-rise development is encouraged in the downtown/University campus area. Schmeiser said in the goals and policies of the Comprehensive Plan, certain areas are proposed for high-rise development. Larson requested background information regarding why the City staff feels high-rise development should be in the downtown area. Horowitz noted that high-rise development in the downtown area may impact on the transit system. McDonald explained the previous decision to encourage high-rise development in the downtown area was made because of concerns that existing neighborhoods were being destroyed. Horowitz said the theory of having people downtown needs to be balanced against the theory that people will take the bus if they live on a major artery. Schmeiser said Council received a memorandum several weeks ago explaining the history and reasoning behind the proposed amendment. No Council comment. Schmeiser said this item puts in resolution form the reasons for denial of the preliminary plat that was considered and denied by Council two weeks ago. Timmins stated correspondence was received from an attorney representing Jim Glasgow giving Council and the Planning and Zoning Commission more time to consider the Idyllwild Subdivision; Glasgow is asking that action be deferred to allow the preliminary Z- /_I� .Z- /a 3 subdivision plat to be redone and it is staff's recommendation to Council that the action that was taken at Council's last meeting on the Idyllwild preliminary plat be reconsidered so that both preliminary and final plat can go back to the Planning and Zoning Commission for consideration. Timmins stated that Mr. Glasgow wants to take preliminary and final plat back to the Planning and Zoning Commission and to present the preliminary and final plat to Council prior to August 10. Timmins said the revised plats have already been presented to the City's Planning Department. Schmeiser said the final plat is before the Planning and Zoning Commission. Strait asked if Glasgow has proposed to dismiss his lawsuit filed against the City. Timmins said no. Timmins explained the matter is essen- tially moot given the objections to the preliminary plat raised by Council and given the objections raised in the lawsuit to the denial. Timmins said the June 13, 1988, correspondence received from Glasgow's attorney make the lawsuit, under its present terms, moot. Strait said the lawsuit should be dropped before the Council gives ( favorable consideration on the revised plat. Timmins explained that Glasgow could not prevail on the lawsuit given the new set of circumstances, Glasgow could amend the lawsuit if there were a new set of circumstances, and the City could not ask him to dismiss his f` lawsuit. McDonald asked Timmins how Council should proceed. Timmins said the resolution on the agenda is meaningless because Glasgow is revising the plat to eliminate the objections that were identified. Timmins recommended that Council bring the denial back by a motion to reconsider and send the plat to the Planning and Zoning Commission for further consideration. Timmins said this recommendation is consistent with what the City has allowed other developers to do. Larson stated that Glasgow might agree that the facts and circum- i` stances have changed enough so his original course of action would no longer prevail but that he may think he has other reasons, such as delayed damages or procedural changes he wants made to not dismiss the lawsuit. Larson asked if Glasgow's new plat proposes more units. } Schmeiser said it is the same plat with the elimination of the lots along Taft Speedway. Schmeiser said that Glasgow has submitted a S< revised plat. Larson asked about the "new platting alternatives" € mentioned in Atty. Houghton's June 13 letter received by Council. Atkins said the platting alternatives involve a new plat. Timmins said that Glasgow will present a revised plat, deleting the nine lots that were in violation. Schmeiser said that a revised plat has been submitted and is before the Planning and Zoning Commission. Larson 6' raised concerns that a new plat with additional units could be submitted. Strait suggested that Council consider Glasgow's request after the lawsuit has been dropped. Horowitz noted that Houghton's June 13 letter is not clear. Horowitz asked that the process be started over again, a new plat be submitted and a new subdivision number be given. Timmins said he assumed that Glasgow was referring to the revised plat when he referred to the "alternative platting procedures." Schmeiser said that that is not staff's understanding and that Glasgow is looking at an entirely different proposal. Schmeiser said staff has been informed that Glasgow is looking at an entirely different proposal. .Z- /a f. m In response to Strait, Timmins said that it can be suggested to Glasgow that Council would feel more confident about their intentions if the lawsuit were dropped but the City could not insist the lawsuit be dropped as a condition. McDonald said the Planning and Zoning Commission is concerned about procedures because they have a final plat without a preliminary plat. Ambrisco referred to Asst. City Atty. Boyle's June 13 memo regarding Idyllwild Subdivision. Council agreed with Boyle's recommendation to take action on a motion to reconsider and refer it back to Planning and Zoning Commission. (See continued item e.) No Council comment. Continued Item e. Larson asked McDonald to explain the action Council will take at Tuesday's formal Council meeting. McDonald said Council will make a motion to reconsider the preliminary plat and to refer the preliminary plat back to the Planning and Zoning Commission. McDonald said the Planning and Zoning Commission intends to consider the final plat at their meeting on Thursday night. Schmeiser said that Atty. Houghton's letter waived the 45- and 60 - day limitation periods which gives the Planning and Zoning Commission additional flexibility. Atkins said that the potential exists for Glasgow to come back with an entirely new plat. Larson noted that Council will not act at Tuesday's formal Council meeting except to send the plat back to the Planning and Zoning Commission. McDonald said that it is unlikely the Planning and Zoning Commission will act on the plats Thursday night. In response to Strait, McDonald noted that any member initially voting no could make a motion to reconsider. Since all seven Councilmembers voted no, any member can make that motion. e h. Schmeiser stated that there are still deficiencies with this plan so it is recommended that Council defer consideration at Tuesday's formal meeting provided the developer gives a waiver to the 60 -day limitation period. The applicant will either correct the deficiencies or provide the waiver. See item g. - — /,51 A Schmeiser stated that this plat, except for a couple of very minor deficiencies, was ready for Council consideration. Schmeiser noted that the applicant was present to answer Council questions. Horowitz asked if there was going to be anything located where the Mobil station was. Schmeiser stated that there is nothing shown on the plan. Horowitz asked if in the future, 5-10 years, something wants to be put there, if there is enough parking space. Schmeiser stated that they would have to comply with the ordinance. He added that they currently have excess parking spaces. Horowitz asked whether Traffic Engineering has looked at the routes from the back where there will be parking. Schmeiser said that the driveway around the building is 401 feet wide which the City considers more than adequate for traffic flow. Horowitz noted the traffic island in front of Walgreen's is heavily populated by senior citizens and the access road goes around behind the Sycamore Mall. The Council viewed a map of the site. Bill Tucker, manager of Sycamore Mall, said the parking should remain the r same after remodeling. Horowitz asked that the traffic patterns be monitored. k. Schmeiser stated that there are minor revisions needed in the legal papers. A waiver of the 60 -day limitation period has been provided until June 15. Schmeiser will advise Council about the status at Tuesday night's formal Council meeting. Schmeiser said a letter of authorization has not been received because it lacks one signature but the applicant's attorney has assured the letter will be available by Tuesday's formal Council meeting. In response to Courtney, Schmeiser explained that this item is ready for consideration and there are two parkways for the stormwater detention basins and one for a neighborhood park. All were considered for dedication to the City at no cost provided the City would accept the stormwater detention basins in a state considered I n. FIiw 6 "mowable." Schmeiser questioned when the parkways should be accepted and in what condition the City should accept them. Schmeiser said Atty. Sanderson's letter clarifies that it has always been the intent to offer parkways to the City on the condition the parkways would be approved so as to be mowable. In response to Courtney, Schmeiser said the Parks and Recreation Commission knows the City would have to mow the retention basins forever upon acceptance of them. Timmins said it is curious the City does not utilize the same mechanisms as Rochester Place, where the City would impose requirements by a home owners' association and covenant. In response to Larson, Schmeiser said this was a compromise to accept the stormwater detention basins for parkland use. Larson asked if the City plans to not accept the land until the development is 90% sold. Schmeiser said the decision needs to be made by Council. Schmeiser said the applicant has preferred the City accept the language in the legal papers as presented, leaving it to the City's discretion to decide when to accept the land. Schmeiser said the applicant has agreed to keep mowing the land until such time the applicant wants to offer the parkways to the City and the City has the right to accept or not to accept the parkways. Larson said he does not feel the City is living up to the original intent of the agreement - the City told the applicant when you dedicate the parkland and you get the development done, the City will take it over and mow it. Council and staff discussed when the parkland should be accepted. Schmeiser suggested the subdivider attend Council's formal meeting to discuss the agreement. No Council comment. No Council comment. Council Time/Agenda: 1. (Agenda Item No. 22) Courtney inquired about said that this is the first time the City has has consulted Atty. Ken Haynie; and it was need to be provided to the City before a new Reel 88-35, Side 2 the bond loss. Atkins had a bond loss; Vitosh decided assurance would bond would be issued. 2. Courtney stated he has received complaints regarding the messy alley located downtown south of Washington Street in the Plaza area. Atkins suggested directing the Plaza clean-up person to check the alley and identify problems. 3. Horowitz asked about the used car lot use of the Yacht Club parking lot located on First Avenue. Atkins said he assumes the property owner is permitting it. 1—/,51 7 4. Horowitz said when Idyllwild Subdivision was denied by Council, Council also denied recommendations by the Planning and Zoning Commission regarding amendments to the Subdivision Regulations to adopt or require subdividers to place in escrow an amount in cash for off-site improvements. Council agreed to Horowitz's request to direct staff to develop a framework where developers could pay their fair share for off-site improvements. Timmins noted that the Supreme Court has indicated there must be a clear nexus between the develop- ment and the impact it is creating and the exaction or fee the City wants them to pay. 5. Strait stated Council received a letter regarding 420 Church Street. Timmins stated an ordinance is being prepared and relates to a nuisance regulation. r: 6. In response to Strait, McDonald stated discussion will be scheduled at an informal Council meeting to discuss environmental issues. Strait asked that Dr. Bovbjerg be considered as a member if an environmental committee is re-established. 7. Dickson asked for a status report on the old library. Atkins stated he had reviewed information six months to a year ago and will prepare an updated summary for Council. B. Ambrisco stated that local subcontractors have complained that the Paul H. Laurence Company is bid peddling. Ambrisco suggested that the City require general contractors to identify the subcontractors in the bidding process. Atkins noted he has been informed by trade unions that the Paul H. Laurence Company intends to sub -out 75% of the work. Atkins said that the contract requires the Laurence Company to do 60% of the work with their own forces and Stanley Consultants has been contacted regarding this issue. Timmins said the City has contracted with Stanley Consultants to manage the project and the City can direct them to look into both issues and make a report back to the City. Appointments: Reel 88-35, Side 2 Design Review Committee - Clark DeVries Riverfront Commission - Loren Horton Council Time/Agenda Continued: Reel 88-35, Side 2 9. (Agenda Item No. 5.g.(2)) Karr asked if Council would like to direct staff to look at the outdoor service area criteria as it relates to Season's Best and present alternatives to Council. Council directed staff to explore options and prepared information for Council. Executive Session: Reel 88-35, Side 1 The Mayor discussed privately with individual members rescheduling evaluations considering the lateness of the hour. Moved by Ambrisco, seconded by Strait, 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 where its s disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote, 7/0, Mayor declared motion carried. Council adjourned to executive session at 9:15 p.m. ■