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HomeMy WebLinkAbout1988-06-28 Council minutesInformal 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. Council Present: Strait, Horowitz, Larson, Ambrisco, Dickson, Courtney, 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. Consent Calendar Additions: Reel 88-35, Side 1 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 & Zoning Matters: I a. Settinq a public hearing fnr .tuna 9a 102n -A---- L- ..___._ i Schmeiser stated this vacation is part of a joint University -City project to construct aparking 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 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 Zoningi Ordinance Parkinq re uirements 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. 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 d. e. 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. Ordinanceto amend the hiangh-rise dwelling, grade, and story defini- tions in the Zoning Ordince. (first consideration) 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 representing Jim Commission more is asking that correspondence was received from an attorney Glasgow giving Council and the Planning and Zoning time to consider the Idyllwild Subdivision; Glasgow action be deferred to allow the preliminary 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 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- 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 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 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. f. 4 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. 9• 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. J• k. 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 40} 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 same after remodeling. Horowitz asked that the traffic patterns be monitored. 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 n. M. 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: Reel 88-35, Side 2 1. (Agenda Item No. 22) Courtney inquired about the bond loss. Atkins said that this is the first time the City has had a bond loss; Vitosh has consulted Atty. Ken Haynie; and it was decided assurance would need to be provided to the City before a new 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. N 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. 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 H 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. OFFICIAL MKIL ACIICti.S - 6/14/88 The cost of publishing the following proceedings and claims is $ . Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mtg., 6/14/88, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Courcilneibers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, Mtilonald, Strait. Absent: None. The Mayor proclaimed Jure 19, 1988, as HIM WESIGATE MY; June 14, 1988, as FLAG DIY; June 19- 26, 1988, as GAY AND LESBIAN PRIDE WEEK; July 4, 1988, as DAY of FRIENMHIP AVD PEACE; June 1988 as ICWA RIVER MONTH. The Mawr and Laura Lovell, Chairperson of the Riverfront Com nission, presented the 10 las Rive Month Special Contest Recognition F presented to George Calc - First Am* mm Place; Robert Rude - Second Place and Honorable Mention; Vincent Caseragola - Third Place; Diane Anderson and Claudio Pizzas Honorable Mention. Emilie Rbright, representing Project GAEK presented checks of $50 to the first place winner, f3o to the second place winner and $20 to the third place winner. The Maya- and Doug Russell, Chairperson of the Historic Preservation Cmmission, presented the 1988 Historic Preservation Aards to: Residential Rehabilitation: 614 N. Johnson Street, Roger and Barbel Ardersan; Honorable Mention - 405 S. Summit Street, David Jepsen, and 412 S. Summit Street, Douglas Pieper. Comercial Rehabilitation: Paul - Helen Building, Ha km Bay States Limited partnership; Honorable Mention - old Davis Hotel, 322 E. Washington Street, Bruce Glas0( ; and 401 S. Gilbert Street, Benjamin Chait. Aesthetically Sensitive New Construction: 340 E. Burlington Street, Jim Glasgow and Terrence Williams. Preservation of Historic Architectural Resources: Iara Avenue Bridge, Shive-Hattery Engineers and Associates. The Mayor and Peg McElroy, Director of Mayor's Youth Employment Program, presented Mayor's Youth Employaent Aards for outstanding perionmeoe an the "Adopt -A -Bed" Program to: Certificates of i Completion: Tim Coblentz, Bob Conley, Jay Curl, Nathan Flaard, Michelle Lehman, John Michaelson, Dave New=, Jeremy Rogers, Maris Smith, and Gary Weatherly. Behavioral Learning Center Certificates of Conpletion: Jean Karr, Mick Bowers, and Judy Rohret. Behavioral Learning Center Certificate and Plaque: Teacher Linda Lawrence. MaW to City Staff: Terry Robinson and Sheri Thanes. Golden Pring Shears Aards: Bruce Hacpat and AK. Tray. i official Actions June 14, 1988 pap Fbved and seconded that the following items and recamedations in the Consent Calendar be received, oror adopted as merded: Approval of official Council Actions of the regular meeting of 5/17/88 and the special wcm�iyCto etions, as recowe ded by the published, Minutes of Boards and Commissions: Mayor's Youth Brployment Program Board of Directors - 4/27/88; Airport Came. - 4/14/88; 8d. of Adjustment - 5/11/8B; Riverfrmt Cann. - 5/4/88; Historic Preservation Camra. - 4/20A 9•. Ceder COMM. - 4/1$/88; Design Review Comm. - 5/26/88; Police and Fire Retirement System Joint Ntg.- 3/29/88; CCN Cann. - 5/17/88; Library Ed. of Trustees - 5/26/88. hermit Notions and Resolutions: Class C Ligon License for Fraternal order of Eagles, Iowa City Aerie #695, 215 Poy. #1 SaAh. Class C Liquor License for Dave's Foxhead Tavern, 402 East Market Street. Class E Beer Permit for AM - R4 Nini Hart, 2303 Muscatine Ave. Class E Beer Permit for Nalgreen's, 1646 Sycamore. Class E Beer Permit for John's Grocery, Inc., 401 E. Harket Street. Class E Beer Permit for People's Drug #5276, 2425 Muscatine Ave. Class E Beer Permit for QuikTrip #539, 301 Nartet Street. Outdoor Service Area for M nn's Saloon R Eatery, for Fi=trriick's ton Street. Outdoor 525 S. A�� Street. Special Class C Beer/Wine Permit for Canton House, 713-715 S. Riverside Drive. RFS. 88-118, ISSUING A DANCING POW. Class B Liquor License for WW's Restaurant at Howard Johnson Hotel , I-80 6 North Dodge Street. Notions: Approving disbrsenents in the amomt of $2,963,596.26 for the period Firwi e thru 4/30/88, as recommended by the Director, subject to audit. Resolutions: RES. 86-119, ACCEPTING HAW( FCR THE SANITARY SEWER 04WV84:1VTS FCR MUTER PLACE. RFS. 88.120, ACCEPTING Tit WOW FOR THE PAVING AND SM SEWER NWVDiE1H15 Fat RlOEd PLACE. RES. 88.121, ACCEPTING THE HAW( FOR THE PAVING !VD STOfM SEWER IH>PRDVD'U0 FOR BM SLEDIVISICN, PARE 3. Setting Public Hearings: RFS. 88-122, TO SET A PUBLIC WEARING FCR 6/28/88 CN PLANS, � ORTIE IFFT� WILTI FORM FY89 LAWILLL EXCAVATION PROJECT. Correspondence: Yogurt Etc., requesting permission to place benches outside their store in BMWry Square, on public eok under the of Yogurt Etc. for the uoftheir customers Official Actions June 14, 1986 Page 3 Season's Rest, Inc. requesting an exemption to Section 5-41(c) and (d) of the Code of ordinances (outdoor service area - requirement for screening and accessibility from licensed premises only) in order to establish an outdoor eating area in the entryway to their restaurant. Jay Hoehn rep -ding proposed charge in parking requirements in the CB -2 zone. Memo frau the Traffic Engineer re: Parking prohibition an High Street; Stop sign at Heinz Road and Scott Boulevard; Parking prohibition on Lee Street; Parking prohibition on the Frontage Road between Carousel Motors and Highway I West. Applications for Use of Streets and Pblic Quids: David Gladstein to have the Signa Chi 'Ian for Your Life" 91( run on 9/1$/88, approved. Ioa City Public Library to have a run for Library employees and families on 6/12/86, approved. Applications for City Plaza Use Permits: Lara International Socialist Organization to have a literature table on City Plaza on 5/28, 6/11, 7/9, 7/23, 8/6, and 8/20/86, behvee n the Inn 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 Henan Rights Advocacy Center to have a literature table and offer crafts for donations on 5/24-2$/88 and 5/31, 6/1, 7/10, and 7/1-5/88, approved. Willow Creek Neighborhood Center to sell tickets for a ford -raiser on 5/16/88, approved. Lynne Versace to set up a table on City Plaza from which to distribute literature and collect signatures on a petition, approved. The Mayan declared the motion carried. Mrred and seceded to set a public hearing for 6/" on an ordinance to vacate portions of Capitol and Bloomington Streets. The Mawr de:lared the notion carried. Mrved and seceded that the ordinance to amend the Zoning Ordinance parking requirements in the CB - 2 zone, be given first vote for passage. Atty. Jay Hundran appeared and raised objections. After discussion the Mayor declared the notion carried. fled and seconded that the rule requiring ordinances to be considered and voted an for final passage at two Council meetings prior to the mmmting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this tine. The Mayor declared the motion carried. Moved and seceded that the ordinance to amend the high-rise dwelling, grade, and story definitions in the Zoning Ordinance, be given second vote for passage. The Mayor declared the motion carried. Official Actions Jure 14, 1988 Page 4 Moved and seconded that ORD. 98-3381, MELDING QiAPTER 32, SLDIVISICN REQAATICN, TO PERi]IT A WAIVER OF CERTAIN REQUIM MS AND CORRECT AN MU IN SECTION 32-7, EXCEPTIONS, be passed and adopted. Moved and seconded that the Council reconsider its action of Vey 17, 1998, rejecting the preliminary plat of Idyllwild Subdivision and send that preliminary plat back to the Plarning and Zoning Commission for action concurrently with action on the final plat of that subdivision. The Mayor declared the motion carried. Moved and seconded to adopt RES. 88-124, SETTING MM RMSM FOR DISAPPROVAL OF THE PREL1MMY PLAT OF NDTTINGHW PLACE, A 29 -LOT SINGLE-FAMILY SLEDIVISICN PROPOSED ON AN allVELOPEI) TRXT LOTATED WIN OF WHITING AVRE AND HEST OF SHM SUM. loved and seconded to defer until 6/2$/86, the folladrng resolutions: A resolution approving the final plat of Southwest Estates Subdivision, Part Three, a 9.62 acre, 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 gurerally north of Rohret Road and east of Phoonix Drive. The Mayor declared the motion carried. Moved and seconded to adopt RES. 88-125, APPRNING THE M MED PRELIMINARY LARGE SCALE KN - RESIDENTIAL DEVELOR'F1RT (LSNAD) PLAN FOR THE SYCAME WILL EIUMICN, A 6,557 SQUARE FMT EXPANSION TO ITS EXISTING FACILITY NORTH OF HIG NAY 6 AND EAST OF SWAM STREET (Petersen Harped Von Maur departoert store). loved and seconded to adopt RES. 96-126, APPROVING A FINAL. PEAT FOR A RESLMIVISICN OF HIGHLMD HEIGTFTS S BDIVISICN, a 45 -acre, five -lot residential subdivision located approximately two miles north of Iawa City, ard cordtio al release on correction of the deficiencies. Moved and seco ded to adopt RES. 88-121, APPR VING TWE PRELIMINARY PLAT OF MUM SECOND SR®IVISICN, a 10.37 -acre, seven -lot residential subdivision located approximately 0.5 miles east of Iowa City on Rochester Avenue. Moved and seconded to adopt RES. 88-128, APPROVING THE FINAL PLAT FOR RNTER'S RN SUDIVISION, PART FOUR, a 12.315 -acre, 25 -lot residential subdivision located north of Rdret Road and west of U.S. Higtwy M. Dale Sadason, atty. for Hunter's Run Developoent Co., appeared regarding timing of the parklard acceptance and presented a letter outlining his understanding of the City's agreerent to accept the parkland. Atty. Ralph Wail appeared. official Actions June 14, 1988 Page 5 Hoved and seconded to adopt RES. 88-129, APPRDVIN3 THE FINAL PLAT FOR RAPID UM RIDGE, a 148.26 -acre, 47 -lot residential subdivision located approximately 1.5 miles north of Iowa City an Highway 1. Hoved and seoo ded to adopt RFS. 88-130, APPROVING A REDUCTION IN PAVE?EHT WIDTH FOR MUM PLACE, A LOCAL SHEET IN FIRST AND ROCHESTER, PART THREE FROM 28 FEET TO 25 FEET. Moved and seconded that the rule r%drirg I at 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. The Mayor declared the motion carried. Hoved and seconded that ORO. 88-3382, MENDING ORDINANCE NO. 88-3380 BY REPEALING SECTION 2 THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION 2, 10 CORRECT AN ERROR IN THE LISTING OF TIE MOM OF THE FEES MHORIZED BY SECTION 23-277 OF TIE CODE Of ORDINANCES RELATING TO NWIH.Y ALL -DAY PER4ITS i (ANNIAI. ADVANCE-PAYMM) FOR PAWING IN TIE PAWING RM A AND B, AND IN THE MNICIPAL PARKING LOT AQNCEM TO RW B, be passed and adopted at this tirre. Moved and seconded to make the follodrg appointments: Loren Horton, 3367 Hanover Court, to the Riverfront Comm. for an unexpired tens ending 12/1/89; Claris deVries, 516 S. Van Dzm, to the Design Review Comm. for an indefinite term. The Mayor declared the motion carried. The City Manager reported that the City had been contacted by representatives of Iowa -Illinois re signing the Iowa Electric Disaster Plan in the eat of a Duane Arnold Energy Center emergency. Council agreed to have the Mayor sign the agreaut and an acro pagying letter whereby the City outlined some areas of concern. A resolution setting forth the areas of concern will be an the Council agenda for 6/28. Recmmmdations of Boards and Commissions noted: Recomnedation of the Committee on Community Needs that the City's Citizen Participation Plan be approved as mended; Rnecamw&tion 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 wast side of Dubuque Street. Moved and seconded to adopt RES. 88-131, AUMJRIZING TE MAYOR TO SIGN MD THE CITY CLEAT TO ATTEST THE RELEASE OF LIEN REGARDING A PPlM1MV NOTE ExEUM BY OPAL D. HOOi900 TOR PRWlY AT 808 SIXTH AVOK. Official Actions June 14, 1988 Page 6 Noved and seconded to adopt RES. 88-132, IYMMZING THE MYOR TO SIGN AND THE CITY CLERK TD ATTEST THE RELEASE OF LIEN REGALING A P OH ISSORY NOTE EXECUTED BY RICIM AND FAYE "M FOR PLPERTY AT 921 SEVENTH AVD IE. Nbved and seconded to adopt RES. 89-133, APPROVING AND AUDORIZING IND DIRECTDG TIE M1YOR AL CITY CLEW, TD EXECUTE IND ATTEST, RESPECTIVELY, AN ADDEIOTM TO LEASE-MISITFSS PROPERTY FOR TIE RENAL OF SUITE 300 IN THE SAVM AD LOON BAIDRG FOR PUBLIC NORCS DUART fTiT OFFICES, PROVIDING FOR 11E MW OF SAID LEASE FOR ADDITIONAL TFRS. Mired and seconded to adopt RES. 88-134, ACCEPTING SANITARY SERER FWENT OVER TIE 10TENLY 15 FEET OF LOT 7, HIH NDER DEVELOF W, FIRST ADDITION. Mired and secaded to adapt RES. 88-135, ACCEPTING SANITARY SEVER EASEtW ON THE REAR PORTION OF LOTS 73, 74, 75, 76, 77, 78 IND 81 OF FIRST LVD FO(NESTFR, PART M. Mrved and seconded to adopt RES. 88-136, NWIZING H MAYOR TO SICK LVD TIE CITY CLERK TO ATTEST A FIRST RENFIYIL OF A 28(E) AIREDIENT BEIW M IM CITY, JOHNSON MM IND OLD CAPITOL CAB O MM FOR SUR<MIAL TAXI SERVICE. Moved and seconded to adopt RES. 88-137, AUITORIZING AN APPLICATION TO TFE 1MTA SECTION 3 PRO". Mired and seconded to adopt RES. L-138, A MIN 3 RIDETED POSITIONS IN IRE TE+FIISIRY DIVISION OF THE FIWI CE DEPARHM. Mired and secor" to adopt RES. 88-139, ADDING ONE FUL-TOE ADMINISTRATIVE POSITION IN 11E DGARTFENT OF RBL1C YDEaC4 AND DELETING THE RAF - TINE EQIIVAH W POSITION IN THE ENGINEERING DIVISION, DUNHENf OF RELIC HON. Moved and seconded that the rade requiring ordinances to be considered and voted on for final passage at be Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Chapter 32.1 of the Iowa Code of Ordinances of the City of Tom City, entitled "Taxation and Revenues," by adding thereto a new article to be codified as Article V and to be entitled "Mnicipal Bond Financing," to provide a procedure for issuing duplicate bands for lost or stolen bonds, be given second vote for passage. The Mayor declared the nation carried. Moved and seconded that the ordinance amending Chapter 17 of the Code of Ordinances of the City of Iona City, Iaa (1) by repealing Sections 17-1, 17- 3, 17-4, 17-5, 17-7 and 17-8, and enacting in lieu Official Actions Jure 14, 1988 Page thereof new sections to be codified the save, providing for the elimination of the execption of certain condondniun and cooperative units frun inspection, to authorize reinspection fees an filing fees for Musing appeals, as set by resolution, to authorize an additional renes' for the correction of Musing violations, to ensure that certain housing requirements are consistent with a yerdt Building and Zoning Codes, and to clarify certain other existing procedures, be given first vote for passage. the Mayor declared the motion carried. Mored and seconded to authorize the City Manager to purchase the Business Development Im. (BDI) land at the scheduled tax sale of June 20 in an aronnt principalnot to anaj the wtstanding special penalties.W Mayor declared ed the motion carried. Moved and seconded to adjourn 10:00 p.m. The Mayor declared the cmticn carried. A more conplete description of Council activities is on file in the office of the City A s/JCtr M[DQWD, MAYOR s/WRL* K. KAPR, CITY CLIC z/ WAtted for publication 6/23/88. 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, Melling, 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 5/26/88; Police8and rCenter FireRetiremeent Systems/Joint D Mtgn 83/29/88; CCN Conn. - 5/17/88; Library Bd. of Trustees - 5/26/88. Permit Motions and Resolutions: Approving a Class C Liquor License for Fraternal Order of Eagles, Iowa City Aerie #695 dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy. #1 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 Walgreens, 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 #5276, 2425 Muscatine Ave. Approving a Class E Beer Permit for QuikTrip Corporation dba QuikTrip #539, 301 Market Street. Approving an Outdoor Service Area for J.S. Mummey, Inc. dba Mumm's Saloon & Eatery, 21 W. Benton Street. Approving an Outdoor Service Area for Gary Fitzpatrick dba Fitzpatrick's Alehouse, Inc. 525 S. Gilbert i 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 SANITARY SEWER IMPROVEMENTS FOR ROCHESTER PLACE. RES. 88-120, Bk. 98, FORIROCHESTERTPLACE. RESG THE . 88-1FOR 21E Bk- 98, p STORM121, ACCE TINGSEWER RTHEMENTS WORK FOR THE PAVING AND STORM SEWER IMPROVEMENTS FOR BOYRUM SUBDIVISION, 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 eating area in the entryway to their restaurant. Jay Honohan regarding proposed change in parking requirements in the CB -2 zone. 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" SK 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, Bk. 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 lat Idyllwiforth Subdivision, asand that Counons for cilohad denied val of ethat1preliminiminary ary plat on May ordinance. ce1Hecause statedititdid not conform to was the recommendation heofethe LegalflDood lain epartment 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 items. Horowitz, that the Council reconsider Mitsoved action boif cMAmaySe17,�a 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. 125, APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR THE SYCAMORE MALL EXPANSION, A 6,557 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. 128, APPROVING THE FINAL PLAT FOR HUNTER'S RUN SUBDIVISION, PART FOUR, a 12.315 -acre, 25 -lot residential subdivision located north of Rohret Road 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. 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 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 B, 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 from several businesses in the downtown area re the alley a half block south of Washington Street and asked if something could be done 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 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. 139, ADDING ONE FULL-TIME ADMINISTRATIVE POSITION IN THE DEPARTMENT OF PUBLIC WORKS AND DELETING THE HALF-TIME EQUIVALENT POSITION IN 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 be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor 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. JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK 9 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES June 28, 1988 Iowa City Council, reg. mtg., 6/28/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Larson, McDonald, Strait. Absent: Dickson. Staffinembers present: Atkins, Helling, Timmins, Karr, Donner, Schmeiser. Council minutes tape recorded on Tape 88-37, Side 2, 660 -End; 88-38, Side 1, 1 - End and Side 2, End -1; 88-39, Side 1, 1-349. The Mayor presented the Award of Financial Reporting Achievement to Financial Reporting to City Controller Monica Bieri. 7 Finance Director Rosemary Vitosh, and the Certificate for Excellence in Moved by Ambrisco, seconded by Strait, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 6/14/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Broadband Telecomm. Comm. - 4/20/88, 5/18/88; Housing Appeals Bd, - 5/10/88; Housing Comm.- 5/10/88; P&Z Comm. - 5/19/88; P&R Comm. - 5/11/88; Historic Preserva- tion Comm. spec. mtg, - 5/4/88; Sr. Center Comm. - 4/18/88, 5/16/88. Permit Motions and Resolutions: Approving a Class C Beer Permit for Sinclair Marketing, Inc, dba Sinclair Retail & Convenience Store, 2153 ACT Circle. Approving a Class C Liquor License for Motif Ltd. dba M.T. Cohen, Old Capitol Center #279. Approving a Special 14 -Day Permit for Elvis Jordan dba Taste of Iowa City Summerfest 188, 1001 Hwy. 6 East. Approving a Special Class C Beer/Wine Permit for Pamela Jo Gaines dba The Kitchen, 9 South Dubuque Street. Approving a Class E Beer Permit for Drug Fair, Inc. dba Peoples Drug #5281, 121 E. Washington Street. Approving a Class C Liquor License for Keith Dempster dba The Mill Restaurant, 120 E. Burlington Street. Approving a Special Class C Beer/Wine Permit for Farmers Market and Bakery LTD., dba Farmers Market and Bakery LTD, 112 S. Linn Street. Approving a Liquor License refund for Douglas A. Tvedt dba The Airliner, 22 S. Clinton Street. Approving a Class C Liquor License for American Legion, Roy L. Chopek Post 1117 dba American Legion, Roy L. Chopek Post #17, 3016 American Legion Rd. Approving a Class C Liquor License for Vito's of Iowa City Inc. dba Vito's, 118 E. College Street. Approving a Class C Liquor License for Oldies, Inc. dba Golden Oldies, 1910 S. Gilbert Street. RES. 88-140, Bk. 98, p. 140, ISSUING DANCING PERMITS. RES. 88-141, Bk. 98, p. 141, ISSUING CIGARETTE PERMITS. Motions: Approving disbursements in the amount of $3,826,321.37 for the period of 5/1 through 5/31/88, as recommended by the Finance Dir., subject to audit. Resolutions: RES. 88-142, Bk. 98, p. 142, ADOPTING SUPPLEMENT NO. 36 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY. Council Activities June 28, 1988 Page 2 Correspondence: Memo from the Traffic Engr. regarding the "Yield" sign at Crestview Avenue and Upland Avenue. Applications for the Use of Streets and Public Grounds: Kay Hyman on behalf of the American -Soviet Peace Walkers for permission to walk on City streets from the City limits on Rochester to Mercer Park and to release balloons from Mercer park on 7/3/88, approved. Sylvan Addink for permission to have a run to benefit Project GREEN on 8/27/88, approved. John Higgins of New Pioneer Co-op to close a portion of Van Buren Street for a dance on 7/30/88, between the hours of 9:00 p.m. and 1:00 a.m., denied. Application for City Plaza Use Permit: Deborah Conger for permission to set up a table on City Plaza on 6/18, 6/25/88 to offer buttons and T-shirts for sale and to advertise the Peace Walk, approved. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 7/12/88, on an ordinance to vacate a portion of Maiden Lane. The Mayor declared the motion carried unanimously, 6/0, Dickson absent. Moved by Courtney, seconded by Ambrisco, to set a public hearing for 7/12/88, on an ordinance to rezone properties at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8. Horowitz requested all property owners affected be notified of the public hearing. PPD Director Schmeiser present for discussion. The Mayor declared the motion carried unanimously, 6/0, Dickson absent. A public hearing was held on an ordinance to vacate portions of Capitol and Bloomington Streets. Karen Kubby, 802 E. Washington, requested the section to be vacated. The Mayor stated that Bloomington Street from Capitol Street west to mid -block east of Madison Street and a 10 -foot wide strip on the west side of Capitol Street between Davenport and Bloomington Streets would be vacated. Moved by Ambrisco, seconded by Larson, that the ordinance to vacate portions of Capitol and Bloomington Streets be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that the ordinance to amend the Zoning Ordinance parking requirements in the CB -2 zone, be given second vote for passage. Councilmember Larson stated he would be voting against the proposal because he felt the timing was poor and that this request should be tied in with the study in the overall downtown area. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson. Absent: Dickson. Council Activities June 28, 1988 Page 3 Moved by Courtney, seconded by Ambrisco, that ORD. 88-3383, Bk. 29, p. 25, TO AMEND THE HIGH-RISE DWELLING, GRADE, AND STORY DEFINITIONS IN THE ZONING ORDINANCE. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-143, Bk. 98, p. 143, APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDIVISION, PART 3, a 9.62 acre, 27 -lot residential subdivision located north of Rohret Road and east of Phoenix Drive. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-144, Bk. 98, p. 144, APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDIVISION, PART 4, a 12.242 acre, 28 -lot residential subdivision located generally north of Rohret Road and east of Phoenix Drive. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Courtney, to adopt RES. 88-145, Bk. 98, p. 145, APPROVING THE PRELIMINARY PLAT OF LOTS 9, 10 AND 11, BLOCK 1, BRAVERMAN CENTER, a 13.65 acre subdivision generally located south of K - Mart between Keokuk Street and Broadway Street and the final plat for Lot 9, Block 1, Braverman Center, a 1.10 acre lot located near the intersec- tion of Southgate Avenue and Keokuk Street. Councilmember Horowitz inquired as to the type of commercial development that would be located on new Lot 9 (previously Lot 11) in connection with a possible high-rise for the elderly on Broadway. Ralph Stoffer, Southgate Development, appeared. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to accept the recommendation of the Planning and Zoning Commission concerning a request for an amended Conditional Use Permit to allow the placement of a storage building on the grounds of Pleasant Valley Golf Course in the County. Councilmember Larson questioned if the applicant would have to reapply if the location of the building changed. PPD Director Schmeiser stated that the process would be the same, first apply to the County and then to the City for the recommendation. The Mayor declared the motion carried unanimously, 6/0, Dickson absent. Moved by Ambrisco, seconded by Courtney, to approve the recommenda- tion from Planning and Zoning concerning a request for a Conditional Use Permit to establish a law enforcement firearms training facility in the County. The following people appeared: Det. Michael Goldberg, Iowa City Police Dept. and project manager; Lt. Mike Emerson, Cedar Rapids Police Dept.; Mary Hebl, R.R. 3; Casey Cook, Planning and Zoning Commission; Roger Hurt, R.R. 3; Atty. Ralph Neuzil, representing the property owner Neva Haman; Don Slothower, R.R. 3; W. Krajewski, R.R. 3; Tim Thompson, R.R. 3; Diana Thrift, R.R. 3; and PPD Director Schmeiser. After discussion, original motion withdrawn. Moved by Ambrisco, seconded by Strait, to defer consideration of this until Council and staff compiled additional information. The Mayor declared the motion to defer carried unanimously, 6/0, Dickson absent. Council Activities June 28, 1988 Page 4 A public hearing was held on plans, specifications, form of contract and cost estimate for the FY89 Landfill Excavation Project. The City Manager clarified that the portion of this project dealing with the firearms training facility would be bid as an addendum. No one appeared. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-146, Bk. 98, p. 146, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE FY89 LANDFILL EXCAVATION PROJECT AND AUTHORIZING BIDS TO BE RECEIVED JULY 19, 1988, with the provision that the bid letting show construction of the firearms training facility as an alternative part of the bid. Councilmember Horowitz stated she had not reviewed the documents and would not approve something she had not reviewed. The Mayor declared the resolution adopted, 5/1, with the following division of roll call votes: Ayes: Courtney, Larson, McDonald, Strait, Ambrisco. Nays: Horowitz. Absent: Dickson. Maggie Penzinger, 632 Reno St., noted individuals who celebrate the 4th of July with fireworks in the cemetery and private yards and questioned City regulations regarding safety. The City Manager cited city and state regulations and stated additional police will be patrolling the streets this year with the severe dry conditions. Council asked citizens to contact the Police Dept. immediately when someone is handling fireworks and urged local media to make citizens aware of the hazards and strict enforcement of the law this year. Karen Kubby, 802 E. Washington, asked for an update on her request to make the traffic signals on Hwy. 1 near Dane's Dairy flashing/blinking during non -peak hours. Council noted concerns regarding the speed in the area, school buses, and vehicles getting stacked up in the median for leaving the signals cycled. E. L. Gjovig, 50 Wakefield Ct., presented information regarding the Waterloo bus system operating in the black and requested City investigate possible alternatives here. The Mayor announced that no applications have been received for the Housing Commission vacancy and the vacancy would be re -advertised. Councilmember Ambrisco noted the Arts Committee Iowa City/Coralville Chamber of Commerce Statement of Purpose furnished in the packet. He supported expanding cultural events and volunteered himself to help facilitate this in any way. Councilmember Larson publicly thanked staff for amending the pest control notice as previously discussed. Strait inquired as to the status of a complaint from local contractors and trade unions concerning the Paul Laurence contract for the Wastewater Treatment Plant. The City Mgr. reported that Stanley Consultants is monitoring the situation. Horowitz noted a phone call inquiring as to the required utility deposit when the property was not serviced by City water. She agreed the deposit was appropriate but noted that similar problems would be coming up in the future. Courtney reported on property along First Avenue that should be investigated by staff in violation of the weed control ordinance. The City Manager recommended that the Jaycee sponsored July 4th fireworks display be cancelled to avoid serious fire hazards. Fire Chief Donner noted concern over dry weather conditions and re-emphasized Council Activities June 28, 1988 Page 5 citizens forego private celebrations also. Council agreed to cancel the fireworks display of July 4th. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-147, Bk. 98, P. 147, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN APPLICATION TO THE IOWA DOT CAPITAL MATCH LOAN BANK. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolu- tion adopted. Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-148, Bk. 98, p. 148, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE AGREEMENT FOR RISE FUNDING OF HIGHWAY 1 NORTH IMPROVEMENTS. The City Mgr. stated that there is a risk involved with the funding in that we have to guarantee the creation of 115 new jobs in the private sector. The Mayor noted that at the worst the City would be completing the project, spending 504 on the dollar. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-149, Bk. 98, p. 149, AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF RANSPORTATION, signalization of Hwy. 1 (Dodge Street) and Church Street. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-150, Bk. 98, p. 150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AUTHORIZING USE OF PUBLIC LIC RIGHT-OF-WAY AND ACKNOWLEDGING ENCROACHMENT ONTO A SEWER EASEMENT, ON LOT 21, WINDSOR HEIGHTS ADDITION. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor i declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-151, Bk. 98, p. 151, AMENDING THE HOUSING REHABILITATION PROGRAM FOR OWNER -OCCUPIED AND unanimous, HOUSING PROPDickson absentRTIES IN WA Coll call vote The Affirmative r Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-152, Bk. 98, p. 152, APPROVING THE REVISED CITIZEN PARTICIPATION PLAN, A POLICY GUIDE FOR CITIZEN PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN IOWA CITY TO REFLECT THE SECTION 508 REQUIREMENTS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. ' Moved by Ambrisco, seconded by Strait, to adopt RES. 88-153, Bk. 98, P, 153, APPROVING AMENDMENT TO JOINT POWERS AGREEMENT AND DECLARATION OF TUST, IOWA irmative call vote unanimous, 6/0, Dickson absent. AGENCY TST The Mayor declared thelresolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-154, Bk. 98, P , 154, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH VON j BRIESEN AND PURTELL, S.C., BY STEVEN B. RYNECKI, FOR LABOR NEGOTIATION I i Council Activities June 28, 1988 Page 6 SERVICES. The City Mgr. stated an assessment regarding negotiation being done in-house showed that Mr. Rynecki brought not only an expertise but an understanding of the complexity of labor laws and recommended he be retained. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Larson, seconded by Strait, to adopt RES. 88-155, Bk. 98, p. 155, APPROVING SETTLEMENT OF HERITAGE CABLEVISION, INC., LITIGATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A SETTLEMENT AGREEMENT. Larson noted an article in the Daily Iowan and reiterated that the City still had an option to go back and try to recover revenues derived from cable usage at the University. Asst. City Mgr. Helling stated the Broadband Telecommunications Commission had discussed the settlement and recommended acceptance as proposed. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-156, Bk. 98, p. 156, AMENDING BUDGETED POSITIONS AT THE LIBRARY relating to Children's Librarian and Youth Services Coordinator positions. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, that ORD. 88-3384, Bk. 29, p. 26, AMENDING CHAPTER 32.1 OF THE IOWA CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Courtney, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3385, Bk. 29, p. 27, 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 ELIMINATION OF THE EXEMPTION OF CERTAIN CONDOMINIUM AND COOPERATIVE UNITS FROM INSPECTION, TO AUTHORIZE REINSPEC- TION FEES AND 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Courtney, to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. Affirmative Council Activities June 28, 1988 Page 7 roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried and adjourned to executive session 10:10 P.M. i I J MCDO LD, MAYOR MARIRN K. KARR, CITY CLERK j r Informal Council Discussion June 28, 1988 Informal Council Discussion: June 28, 1988 at 6:30 p.m. in the Council Chambers. Mayor John McDonald presiding. Council Present: Ambrisco, Courtney, Horowitz, Larson, McDonald, Strait. Council Absent: Dickson Staff Present: Atkins, Helling, Timmins, Karr, Schmeiser, Downer, Davidson and Cain. Tape Recording: Reel 88-36, Side 1, 1 -End; Side 2, End -604. Consent Calendar Additions: Reel 88-36, Side 1 Add resolutions to consent calendar approving all cigarette and dancing permits. Planning and Zoning Matters: Reel 88-36, Side I A. Setting a public hearing for July 12 1988 on an ordinance to vacate a portion of Maiden Lane. B. C. Schmeiser stated this item is to set public hearing and additional information will be presented to Council prior to July 12. See above item a. Schmeiser presented a diagram detailing the proposed chiller plant and water storage facility on Capitol and Bloomington streets. In response to Larson, Atkins said that Patt Cain and Chuck Schmadeke represented the City in discussion with the University. Atkins added that he indicated that although it was a Council decision he had no difficulty with the request of the University to vacate Bloomington Street. Larson stated that he felt the building could be built without closing the street by either making the building another story taller or reducing the number of things in the building. Larson said that the architect told him that if the size was reduced, the City's water tank would have to be smaller. Atkins replied that since the tank is buried in the ground it should not be affected by the size of the building. Larson said a number of citizens have called him to say the traffic flow would be worse without the street. Larson asked if the project can be done without closing the street, how much more expensive does the project get without closing the street, and does the City loose the benefit of the project. Larson S- /6 Informal Council Discussion June 28, 1988 Page 2 asked if a traffic count has been done and if a traffic study has been done to determine impact on the traffic flow. Strait suggested this discussion be held during Council's formal meeting so that discussion can be seen on cable TV. Atkins said that a pedestrian walkway could be accommodated and the University has told the City that they would like Capitol Street closed. Ed Moreno, Assistant Nater Superintendent, stated that part of the reason the University wants the area vacated is to control the flow of pedestrians across the area. Larson said a traffic flow study should be done. Horowitz asked about fire department service to the area. Donner stated the fire department reviewed plans and recommended a fire lane and installation of a sprinkler system in the chemistry building. Timmins stated a draft of the agreement has been sent to the University. Timmins said the sprinkling of the Chemistry Building and the fire lane were conditions to the vacation of the street. Timmins explained the City has proposed to vacate the street from use and traffic, retain ownership in the City, and allow the University to make certain uses of the street by easement. The City would have ultimate control as a right-of-way and as a utility carrying cor- ridor. Timmins referred Councilmembers to a drawing of the proposed plans. Cain stated the City Engineer, Water Plant Manager, Fire Chief, Traffic Engineer, and City Manager were contacted regarding the proposed closing of the street. Larson asked if the street could ever be reopened once the project was completed. Timmins explained the street will be subject to easements and covenants with the University and a building will be located in the streets right-of- way. Courtney noted a proposed walkway will be located in the sidewalk area. Cain said the walkway was designed at the City's request to improve pedestrian flow. Larson asked if the City Traffic Engineer knew what effect the vacation of portions of Capitol and Bloomington Street would have on the traffic in the area. Cain stated the Traffic Engr. felt the vacation would be an improvement. McDonald asked that discussion be continued at the public hearing during Council's formal meeting. Informal Council Discussion June 28, 1988 Page 3 D. Ordinance to vacate portions of Capitol and Bloomington streets. See above item c. E. Ordinance to amend the Zoning Ordinance parking requirements i No Council comment. F. Ordinance to amend the high-rise dwelling arage, ana score ue n m - tions in theZoning Ordinance. ,Lass and Adoptl Schmeiser noted Council received a memorandum concerning this matter. G. H. 1. Schmeiser stated this item is ready for Council approval. No Council comment. No Council comment. 7--/(,/, Informal Council Discussion June 28, 1988 Page 4 J. CM Schmeiser explained the Planning and Zoning Commission recommended approval subject to the amendment of the site plan to accurately reflect the building setback from the west property line and provi- sion for screening. In response to McDonald, Schmeiser said the screening was recommended because a new subdivision is planned immediately to the west. Schmeiser commented that staffinember Barry Beagle prepared a memorandum concerning this item that lists seven conditions for approval of the facility. Schmeiser said that if Council takes action to approve the request it would be contrary to the Planning and Zoning Commission's recommendation and a joint meeting should be held. McDonald said Council could vote in favor of the facility, deny the recommendation, or defer action. Courtney asked that minutes of the Planning and Zoning meeting pertaining to action to be taken by Council be presented to Council prior to discussion of the item. Larson suggested action be deferred. Ambrisco referred to agenda item N5 - public hearing on plans, specifications, form of contract and cost estimate for the FY89 landfill excavation project. Atkins said expenditures associated with the law enforcement firearms training facility could be deleted from the FY89 landfill excavation project proposal. Highway 1 North RISE Project Reel 88-36, Side 1 Council and staff discussed provisions in the contract with IDOT for RISE funded improvement of Highway 1 North which states that the City shall certify the creation of 115 new jobs at National Computer Systems (NCS) and Riepe Buchanan Piper (RBP) within two years following April 12. Courtney asked if new employees from other businesses could be counted. Davidson said the creation of 115 jobs needs to come from NCS and RBP only. In response to Strait, Davidson explained the combination of RISE grant and RISE loan monies is $463,000, it is the City's intention that the loan will be repaid by property owners in the area, and the IDOT will not prorate the repayment of RISE funds to IDOT. Davidson said even if the City would have to repay the RISE funds to IDOT, the City would still only be paying 50� on the $1.00 for the project. McDonald asked if businesses have been informed of the employment requirement. Cain said s /C—/ Informal Council Discussion June 28, 1988 Page 5 the companies have been contacted, NCS has already hired 100 people, but only those employees hired after April 12 can be counted towards the IDOT requirement. Cain said that NCS and RPB are still comfortable with the employment projections they gave to the City but there are no guarantees. Horowitz asked it was Cain's interpretation of the request for the proposal that City has to get them 115 employees. Cain said the job creation requirement is a statewide requirement of all RISE applications and the Community Economic and Betterment Act is now also requiring that jobs that are said to be created or retained must be created retained or there must be repayment. Horowitz asked if the requirement for the creation of 115 new jobs was placed on after the City responded to the original request for proposals. Cain said that was correct. Strait asked what the impact of a layoff would be. Cain explained the agreement only addresses the jobs created. Cain recommended the City quickly certify the 115 new jobs once the jobs have been created. Larson raised concerns that the IDOT changed RISE requirements after the proposal was submitted. Davidson said that until the City received the contract one month ago the City staff did not know the exact language of the contract. Davidson said IDOT is trying to demonstrate to the legislature that the intent of the RISE program, to create jobs, is being met. Larson asked if it is worth spending $450,000 for the protected economic development benefits. Davidson said, as planners, staff feels it is a good investment. Atkins stated that NCS and RBP have stated that they would not expand unless road improvements are made. Atkins recommended approval of the project. McDonald said City should proceed with the project. APPOINTMENTS Housing Commission - readvertise. JULY 4TH FIREWORKS DISPLAY Reel 88-36, Side 2 City Mgr. Atkins recommended the July 4th fireworks display, sponsored by the Iowa City Jaycees be cancelled due to dry conditions. Fire Chief Donner said it would be too great of a risk to allow fireworks. Atkins noted that consideration was also given to specific circumstances at City Park. Donner said spot fires on the grass could occur and there is a potential for tree and shrub fires from the fireworks. Donner said even sparklers are dangerous. Ambrisco encouraged the Jaycees and City Council to consider an alternate date for the fireworks display. Councilmembers concurred with Atkins' recommendation to cancel the July 4th fireworks display. Meeting adjourned at 7:25 PM. s /l