Loading...
HomeMy WebLinkAbout1988-07-12 Council minutes1 Informal Council Discussion June 28, 1988 Informal Council Discussion: June 28, 1988 at 6:30 p.m. in the Counci' Chambers. Mayor John McDonald presiding. Council Present: Ambrisco, Courtney, Horowitz, Larson, McDonald, Strait. Council Absent: Dickson Staff Present: Atkins, Melling, Timmins, Karr, Schmeiser, Downer, Davidson and Cain. Tape Recording: Reel 88-36, Side 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 1 A. Bettina a Public hearing for Jump 12 1988 on an ordinance to vacate i a portion of Maiden Lane. Schmeiser stated this item is to set public hearing and additional information will be presented to Council prior to July 12. B. Settina a nAl it C. 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 Larson said that the archit ct toldber him hathifgthe sizeew suildinreduced, 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 I 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 Water 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 Muld 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, Nater 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.o r in the CB -I zone. (Second Consideration) No Council comment. _ F. Ordinance to amend the high-rise dwelling grade and story defini- tions in the Zoning Ordinance. (Pass and Adopt) Schmeiser noted Council received a memorandum concerning this matter. G. H. Schmeiser stated this item is ready for Council approval. No Council comment. No Council comment. Informal Council Discussion June 28, 1988 Page 4 J. K. 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 B5 - 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. way 1 North RISE Prosect Reel 88-36, Side I 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 50j on the $1.00 for the project. McDonald asked if businesses have been informed of the employment requirement. Cain said 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 ]DOT 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. OFFICIAL COUNCIL ACTIONS - 6/28,/88 The cost of publishing the following Proceed- ings and claims is $ . Cumulative cost for this calendar year for said publication is S Iona City Cantil, reg. mtg., 6/28/88, 7:30 P.m. at the Civic Center. Mayor Mdbnald presiding. Councilmenbers present: Aibrisco, Courtney, Horowitz, Larson, McDonald, Strait. Absent: Dickson. The MW Presented the Award of Financial Reporting Achiemnent to Finance Director Rosemary Vitosh, and the Certificate for Excellence in Financial Reporting to City Controller Mnica Bieri. Moved and seconded that the following item ad recmrrendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 6/14/86, as polished, subject to correction, as recoimended by the City Clerk. Minutes of Boards and Commission: Broadband Telecomm. Came. - 4/20/88, 5/18/88; Housing Appeals Bd. - 5/10/86; Housing Conn. - 5/10/86; P&Z Corm. - 5/19/88; PSR Comm. - 5/11/86; Historic Preservation Can spec. nig. - 5/4/88; Sr. Center Comm. - 4/18/88, 5/16/88. Permit Motions and Resolutions: Class C Beer Permit for Sinclair Retail & Convenience Store, 2153 ACT Circle. Class C LiW License for M.T. Cohen, Old Capitol Center #279. Special 14 -Day Permit for Taste of Iowa City Summerfest 188, 1001 [Uy. 6 East. Special Class C Beer/Wine Permit for The Kitchen, 9 South Dubuque Street. Class E Beer Permit for Peoples Drug #5281; 121 E. Washington street. Class C Liquor License for The Mill ftLilrart, 120 E. Burlington Street. Special Class C Beer/Wine Permit for Fanners Market and Bakery LTD, 112 S. Linn Street. Liquor License reftW for The Airliner, 22 S. Clinton Street. Class C Liquor License for American Legion, Roy L. ChoPek Post #17, 3016 American Legion Rd. Class C Liquor License for Vito's, 118 E. College Street. Class C Liquor License for Golden Oldies, 1910 S. Gilbert Street, RES. 88.140, ISSUING DANCING PERMITS. RES. SB -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 recarnsded by the Finance Dir., subject to audit. Resolutions: RES. 88-142, ADOPTING SUPPLEMENT NO. 36 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY. Official Actions Jure 28, 1988 Page 2 Correspondence: Marro from the Traffic Engr. regarding the "Yield" sign at Crestview Avenue and Upland Avenue. Applications for the Use of Streets and Public Qurids: Kay Hiyman on behalf of the American -Soviet Pilate Walkers for permission to walk on City streets from the City limits on Rochester to Mercer Pari( and to release balloons fran Mercer park on 7/3/88, approved. Sylvan Addink for permission to have a run to benefit Project GRN on 8/27/88, approved. John Higgins of New Pioneer Co-op to close a portion of Van Been 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 rp a table on City Plaza on 6/18, 6/25/1i6 to offer Latton and T-shirts for sale and to advertise the Peace Walk, approved. The Mayor declared the motion carried. Moved and seconded to set a public hearing for 7/I2/88, on an ordinance to vacate a portion of Maiden Lane. The Mayor declared the notion carded. Moved and seconded to set a public hearing for 7/12/88, on an ordinance to rezone properties at 1807, 1809, 1813, 1819, 1825 and 1831 Loner Muscatine Road inn RS -5 to RS -8. The Mayor declared the notion carried. 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 and seceded that the ordinarx to vacate portions of Capitol and Bloomington Streets In given first vote for passage. The Mayor declared the motion carried. Mnred and seconded that the ordinance to arend the Zoning Ordinance parking requirenents in the CB - 2 zone, be given second vote for passage. The Mayan declared the motion carried. Moved and seconded that ORD. 88-3383, TO NIX THE HIGH-RISE CWELI.ING, GRADE, PND STOW EffNTIOS IN THE ZONING CRDIWIiCE, be passed and adopted. Moved and seconded to adopt RES. 88-143, APPROVING THE FINAL PLAT OF SWH4EST ESTATES SUBDIVISION, PART 3. Moved and seconded to adopt RES. 88-144, APPROVING THE FINAL PLAT OF SOUIMST ESTATES SIDIVISICN, PART 4. 9 Official Actions Jule 28, 1988 Page 3 Moved and seconded to adopt RFS. 86-145, /WP(mVING TIE PRELIMIWRY PIAT OF IDIS 9, 10 pO 11, UM 1, BRAVERMN CEMER, and the final plat for Lot 9, Block 1, Bravemmn Center. Moved and seconded to accept the reoumarintion of the Planning and Zoning Cmmission 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. The Mayor declared the notion carried. The following people appeared concerning a request for a Conditional Use Permit to establish a laa enforcement firearms training facility in the County: 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 *uzil, representing the property war Neva Haman; Don Slotharer, R.R. 3; W. Krajewski, R.R. 3; Tim Thompson, R.R. 3; Diana Thrift, R.R. 3; and PPD Director Scheiser. Moved and seconded to defer consideration of this until Council and staff compiled additional information. The M6vr dxlared the notion to defer carried. A public hearing was held on plans, specifica- tions, 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. Moved and seconded to adopt RES. 86-146, APPROVING PINS, SPECIFICATIC16, FUN OF CWOLT NO COST ESTDMITE FOR THE FY89 LANIFILL EXCAVATIUI PR43ECT AND A 1110 IZING BIDS 70 BE RCEIIIED JiLY 19, 1968, with the provision that the bid letting show construction of the firearms training facility as an alternative part of the bid. Maggie Penzirger, 632 Reno St., noted individuals who celebrate the 4th of July with firacrtcs in the cemetery and private yards and questioned City regulations regarding safety. Karam Wy, 802 E. Washington, asked for an 4xbte on her request to make the traffic signals on RV. 1 near Dane's Dairy flashing/blinking during mm -peak hours. 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 varaxy ad the vacancy would be re -advertised. The City Manager and Fire Chief recomraded that the Jaycee sponsored July 4th firarmrics display r Official Actions June 28, 1986 Page 4 be cancelled. Council agreed to cancel the fire- wrks display of July 4th. Moved and seconded to adopt RFS. 88-147, AITiflRIZING THE MAYOR TO SIGN PND TIE Cm CLERK TO ATTEST AN APPLICATION TO THE IOWA DOT CAPITA. WITCH LOAN BRIC. fried and seconded to adopt RFS. 88-148, Al 1)MZING THE M1YCR TO SIGN AND THE Cm CLEW TO ATTEST THE AfFME1NT FOR RISE FUNDING OF HIGMY 1 NORTH IFPROYErM. Moved and seconded to adopt RFS. 88-1491 AIIDRIZING EXECUTION OF AN A DENT WITH THE IOWA DEPARIENT OF TRANSPORTATION. Nbved and seconded to adopt RES. 8B-150, A `T1WZING THE MAYCR TO SIGH AND THE any CLERC To ATTEST AREEWO AUTHORIZING USE OF PUBLIC RIGHT - OF -WRY AND AflQOWLEDGING [ICIDXNW CHTo A SERER EASEI4NT, ON LOT 21, WINDSOR HEIGHTS ADITION. Noved and seconded to adopt RES. 88-151, LAUDING THE HOUSING RFINBILITATION PROGRW FOR ODER-onFIED AD RENTAL NOISING PROPERTIES IN ICIA CITY. Moved and seconded to adopt RES. 88-152, APPROVING THE REVISED CITIZEN PARTICIPATION PLAN, A POLICY GUIDE FOR CITIZEN PARTICIPATILN IN THE 014 Nm DEVEI.O#NT BLOCK GRANT (CDBG) PWM IN IOWA Cm TO REFLECT THE SECTION BOB Afi)] DENTS CF THE NOISING AND W1H Nm DEVELMENT ACT OF 1987. Moved and seconded to adopt RFS. 88-153, APPROVING AENW TT TO JOINT PUETL4 AIgtEE M AND DECLARATION OF TRUST, IOWA PUBLIC AGENCY INVESIFENT TRW. Moved and seconded to adopt RES. 86-154, WCRIZING ME Cm MMNGER TO ENTER INTO AN Af1EF w WITH YON BRIESIN AND PURTELL, S.C., BY STEVfIt B. RPTECKI, FOR LABOR NEGOTIATION SERVICES. Moved and seconded to adopt RES. 88-155, APPROVING SETWENT OF HERITAGE CABLEVISION, INC., LITIGATION AND AUTHORIZING THE MAYOR AND Cm CLERK TO SIGN A SETTI.UW AIGtEU47NT. Moved and seconded to adopt RES. 88-156, RENDING BUDGETED POSITIONS AT THE LIBRARY. fled and seconded that OTD. 88-3384, A ENDIG CHAPTER 32.1 OF THE IDA CODE OF ORDINANCES OF THE Cm OF IOWA cm, IDA, ENTITLED "TAXATION AND MUM,- BY ADING THERETO A NEW ARTICLE To BE CODIFIED AS ARTICLE V PND TO BE ENTITLED "MNICIPA. BUD FINANCING,' TO PROVIDE A PROCEDURE FOR ISSUING DUPLICATE BONDS FOR LOST CR STOLEN EODB, be passed and adopted. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to Ue neding at which it is to be finally passed be suspended, Official Actions June 28, 1988 page 5 the second consideration and vote be veived and that M. 88-3385, *MING GMTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA (1) BY REPEALING SECTIONS 17-1, 17-3, 174, 17-5, 17-7 AND 17-8, AND MACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SME, PROVIDING FOR THE ELININYITICN OF THE EXOPTION OF CERTAIN CONDOMINIUM AND OME*- TIVE UNITS FROM INSPECTICN, TO AUDDRIZE REDSPEC- TIM FEES AND FILING FEES FOR ROUSING APPEALS, AS SET BY RESOLUTION, TO AURDRIZE AN AMMOR'L RIM FOR TRE MOTION OF NOl15ING VIOLATIONS, TO MR TMT CERTAIN ROUSING REQUI MEAMS ARE CONSISTENT WITH CURkNT WILDING ANO ZONING CODES, ANO TO CLARIFY CERTAIN OiRER EXISTING PGCE MS, be voted on for final passage at this time. The ftw declared the motion carried. Moved and seconded that the ordinance be finally adopted at this tine. Moved and seconded to adjourn to executive session to evaluate the professional cmpetency of an individual vhose appointment, hiring, pmfoTerce or discharge is being considered vireo necessary to prevent needless and irreparable injury to that irdividual's reputation and that individual regmu a closed session. The N$yor declared the motion carried. For a more detailed & cmplete description of Council Activities & DisWrsanents, see Office of City Clerk and Finance Deparhnent. LL s/JOfN FTDONAID, NMYOR s/INRUW K.=�IIY Submitted for publication 7/7/88 a 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 Finance Director Rosemary Vitosh, and the Certificate for Excellence in Financial Reporting to City Controller Monica Bieri. 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 '88, 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 #17 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 reviewmt-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 thestatus 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 CLEWTO 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 TRANSPORTATION, 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 AGREEMENTS AUTHORIZING USE OF PUBLIC 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 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 RENTAL HOUSING PROPERTIES IN IOWA CITY. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-152, 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 TRUST, IOWA PUBLIC AGENCY INVESTMENT TRUST. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES.88-154, Bk. 98, p. 154, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH VON BRIESEN AND PURTELL, S.C., BY STEVEN B. RYNECKI, FOR LABOR NEGOTIATION 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 JOHN MCDONALD, MAYOR i MARIAN K. KARR, CITY CLERK r i I I i i 1 i I j i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 12, 1988 Iowa City Council, reg. mtg., 7/12/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Helling, Timmins, Karr, Schmeiser, Schmadeke, Fosse. Council minutes tape-recorded on Tape 88-39, Side 1, 349 -END and Side 2, END -320. The Mayor proclaimed August 7-13, 1988, as U.S Olympic Coin Week. 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 6/28/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Parks & Rec. Comm. -6/18/88; Riverfront Comm. -6/1/88; P&Z Comm. -6/16/88; Bd. of Library Trustees. 6/23/88. Permit for OscoD ug, Motions and dba Osco Drug AStore,n9201Class S.E Beer Clinton Permit Approving Class E Liquor License for Hy -Vee Food Store, Inc. dba Drugtown N2, 1221 N. Dodge St. Approving Liquor License refund for The 313 Corporation dba Dubuque Street Brewing Co., 313 S. Dubuque St. Approving Class C Liquor License for Maxie's Inc. dba Maxie's, 1920 Keokuk. Approving Class C Liquor License for S&D Iowa City, Incorporated dba Studio 114, 114 Wright St. RES. 88-157, Bk. 98, p. 157, ISSUING CIGARETTE PERMITS. RES. 88-158, Bk. 98, p. 158, ISSUING DANCING PERMITS. Correspondence: Petition from residents of Hanover Court requesting a fence be constructed atop the retaining wall between Hanover Court Owners' Association property and the new sidewalk on Scott Blvd., referred to the Public Works Dept, for recommendation. Memo from the Traffic Engr, re parking prohibition on Ashley Drive; parking prohibition on the west side of Keokuk St. between U.S. Hwy. 6 and Southgate Ave.; lane markings on Keokuk St. between U.S. Hwy. 6 and Sandusky Ave. Memo from the Civil Service Comm, submitting certified lists of applicants for the following positions: Animal Control Officer/Police Dept.; Police Desk/Police Dept.; Maintenance Worker II/Streets (Sweeper Operator); Maintenance Worker I/Streets; Maintenance Worker III/Cemetery; Maintenance Worker I/Transit Div.; Mass Transit Operator/Transit; Special Projects Manager/Public Works Adm. Applications for Use of Streets and Public Grounds: Peg McElroy to close an alley for a neighborhood party 6/26/88, approved. Chamber of Commerce and Downtown Association for Sidewalk Days on 7/15-17/88, approved. ■ Minutes Iowa City City Council Council Activities July 12, 1988 Page 2 Applications for City Plaza Use Permits: Dennis Houlihan dba Yodi the Clown to make balloon sculptures as an occasional vendor 6/24-25/88, approved. Free Medical Clinic to set up a table to sell tickets to a fund-raiser on 7/6-7/88, approved. Latin American Human Rights Advocacy Center to set up a table 7/5-11/88 to distribute literature and offer crafts for donations, approved. Visiting Nurses Association of Johnson County to set up a table to sell tickets for a fund-raising event 7/8, 7/11, 7/13, 7/18, 7/22, 8/5, 8/8, and i8/12/88, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, to set a public hearing for 7/26/88, on an ordinance to rezone from CI -1 to CC -2 property west of Waterfront Drive and north of Stevens Drive owned by Gay's Locker Company. Ambrisco noted P&Z favorable consideration at their meeting of 7/7/88. Strait requested expedited action on this matter. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Strait, seconded by Horowitz, to set a public hearing for 7/26/88 on an amendment to the Zoning Ordinance to permit food lockers in the CC -2 zone. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an ordinance to vacate a portion of Maiden Lane. No one appeared. A public hearing was held on an ordinance to rezone properties at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8. The following people appeared opposing the rezoning: Melvin Hoffman, 1819 DeForest and Tas Anthony, 1004 Kirkwood. Pat Green, owner of one of the properties, appeared in favor of the request. The Mayor announced the item would be on the Council agenda of 7/26/88 for action. Moved by Ambrisco, seconded by Larson, that the ordinance to vacate portions of Capitol and Bloomington Streets, 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 Strait, that ORD. 88-3386, Bk. 29, p. 28, TO AMEND THE ZONING ORDINANCE PARKING REQUIREMENTS IN THE CB -2 ZONE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Geraldine Busse, Senior Center Commission, reported on the Senior Peer Counseling Project currently being done at the Center. Minutes Iowa City City Council Council Activities July 12, 1988 Page 3 The Mayor announced one vacancy for an unexpired term ending 3/1/89 on the Committee on Community Needs. This appointment will be made at the 8/23/88 meeting of the City Council. Councilmember Courtney noted recent articles in local papers re the Cedarwood Housing Project and the need for a neighborhood center, and questioned whether an additional inspection could be scheduled to address complaints. Asst. City Mgr. Helling said the matter will be discussed with the Housing and Inspection Services staff. Larson stressed the need for a center and asked the City to become involved. Horowitz referred to the public notice, included in Friday's packet, from the U.S. Army Corps of Engineers regarding a Jim Glasgow housing development near the Iowa River in north Iowa City. The notice requests comments by 7/26/88 and Horowitz noted Council would not be meeting until that date. She said that the Riverfront Commission would be meeting 7/13/88 and discussion of that area is on their agenda. After discussion, Council asked that the Riverfront Commission recommend a response for City Council to issue re the proposal. The Asst. City Mgr. requested the recommendation be sent to his office as soon as possible for forwarding to Council so a letter can be written prior to the deadline. Horowitz raised concerns re the State's Groundwater Act and recycling in the community and suggested having a brown bag luncheon with members of Boards and Commissions and interested citizens to discuss it. Strait reported on Soviet guests in his home over the July 4th holiday who were participating in the American Soviet Peace Walk. Councilmembers acknowledged the event and the positive comments received. Larson questioned whether the Legal Dept. has completed research on the abandoned house ordinance. The City Attorney stated both the abandoned building ordinance and the newspaper vending machine will be scheduled for Council informal session on 7/26/88. Ambrisco noted the petition on the Consent Calendar from residents of Hanover Court requesting a fence and requested Public Works research the matter. He also acknowledged research done by our Transit Manager into the Waterloo Transit System. He noted that the Waterloo Transit System recovers 15% of operating expenses from farebox revenues while Iowa City recovers 35-39%. Councilmember Dickson announced her upcoming wedding and that she would be moving to New Jersey. She said her service on the Council had been very rewarding and that she will miss being here. The Mayor outlined two options available to fill the unexpired term, appointment and special election. Council agreed to schedule a special informal session on Monday, 7/18/88, 6:30 p.m., to discuss the options. Moved by Courtney, seconded by Strait, to adopt RES. 88-159, Bk. 98, P. 159, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH EASTERN LIGHT AND POWER COOPERATIVE TO PROVIDE ELECTRICAL SERVICE TO THE SOUTH WASTEWATER TREATMENT FACILITY. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Minutes Iowa City City Council Council Activities July 12, 1988 Page 4 Moved by Ambrisco, seconded by Strait, to adopt RES. 88-160, Bk. 98, P. 160, AUTHORIZING AN EXTENSION THROUGH SEPTEMBER 14, 1988, FOR FINALIZING A REAL ESTATE CONTRACT FOR THE SALE OF PARCEL D LOCATED IN FOR LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA, to Benjamin Chait. THE Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Strait, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the 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 rdinace amending Chapter 32.1, entitled "Taxat "Tconded axation d Strait, ofththeo Code not Ordinances of the City of Iowa City, Iowa, by amending Section 32.1-63 therein to increase the amount of the fine provided for illegal parking for a handicapped zone as required by Section 601E.6 and 805.8 of the Iowa Code, as amended, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Move de Dickson, seconded m Strait, adjourn 8:35 Mayor declaredmotion carried unanimously, all Councilmembers present. I ATTEST: 2/Iae.cn,,,J MARIAN K. KARR, CITY CLERK I Informal Council Discussion July 12, 1988 Informal Council Discussion, July 12, 1988, 6:30 p.m. Mayor John McDonald presiding. Councilmembers present: McDonald, Ambrisco, Larson, Dickson, Strait, Horowitz, Courtney. Staff present: Karr, Timmins, Helling, Schmeiser. Tape-recorded on Reel 88-36, Side 2, 604-1. PLANNING 8 ZONING MATTERS. A. 1E Lim Schmeiser stated that the Planning 6 Zoning Commission took action on July 7th and the applicant has requested expedited consideration of this item. Strait asked what Council could do to expedite consideration of this item. Schmeiser explained that first consideration can be scheduled on the agenda on the same night as the public hearing and at the following meeting, Council can decide to waive second and third considerations. In response to Larson, Schmeiser said this item has been non -controversial. Horowitz said she studied the location of CC -2 zones throughout Iowa City and could not find any reasons why food lockers could not be located in those zones. See above Item A. Public hearing on an ordinance to vacate a portion of Maiden Lane. Schmeiser said there are three requests pertaining to Maiden Lane: 1) to vacate 19 feet of Maiden Lane between the southern right-of-way line of Harrison Street and Ralston Creek to allow for the property on the east side of the road to be contiguous with the triangular piece of the land that Benjamin Chait proposes to purchase from the City; 2) to vacate Harrison Street right-of-way; and 3) to vacate portion of Maiden Lane north of Harrison Street and south of Court Street. Schmeiser noted Benjamin Chait has withdrawn his request to vacate Harrison Street right-of-way. Schmeiser said there were no objections received at the Planning 6 Zoning Commission meetings regarding vacation of the 19 feet, but an objection was received by staff from a property owner located south of Ralston Creek. McDonald asked if other property owners have been contacted. Schmeiser said property owners along Maiden Lane have been contacted. Schmeiser stated six lots are being considered for rezoning from single-family to duplex. Schmeiser presented Council with a map of the area. Schmeiser explained there are five dwellings on six lots, three properties can be converted to duplex, four property owners of the six lots submitted a petition in favor of the rezoning, and there -r /% MINUTES IOWA CITY CITY COUNCIL INFORMAL COUNCIL DISCUSSION JULY 12, 1988 PAGE 2 are no duplexes on the lots currently. Horowitz said that it is her understanding that some of the houses are being used as duplexes. Schmeiser said four of the properties are owner -occupied and only one of the properties are rented out. In response to Larson, Schmeiser explained Planning & Zoning members voted 4-2 in favor of the request because there were no objections and because of the commercial properties located across the street on Lower Muscatine. Two Planning & Zoning Commission members that voted against the request objected because of concerns of spot zoning. Larson asked if area neighbors have been informed of the request. Schmeiser said signs were placed on the properties and contact was made to 19 neighbors to inform that a public hearing was scheduled. Larson encouraged citizens to contact Councilmembers if they are unable to attend the public hearing so their wishes could be taken into account. Horowitz said that as a Council person living in the area, she has received feedback from neighbors that they are against the rezoning. Larson stated he didn't understand how duplexes would be a better buffer than residential housing. McDonald noted that Council would take no action on the rezoning until the public hearing and citizen comments would be carefully considered. Schmeiser said that if Council decides to vote against the rezoning, contrary to Planning & Zoning Commission recommendation, a couple of the Planning & Zoning Commission members could attend the July 26th Council meeting to discuss the issue. E. Ordinance to vacate portions of Capitol and Bloomington streets. (second consideration) Timmins said that the City submitted a proposed 2BE Agreement to the University in early June and the University presented a counter proposal that staff has reviewed. The following items were discussed in a meeting with University representatives: BLOOMINGTON STREET RIGHT -OF -NAY. Timmins reported that Public Works is in favor of vacating Bloomington Street as a public thoroughfare and the Fire Chief has raised concerns about fire protection for the Chemistry Building because of the need for access to the stand pipe on Bloomington Street. Timmins stated it is not in the City's interest to vacate Bloomington Street completely because of utilities buried under the street and proposed plans for the additional buried water utilities. The City proposed that the City will vacate Bloomington Street as a street thoroughfare and deed to the University the portion of the right-of-way behind the curbs. Timmins said the City will retain title and ownership of the paved portion of Bloomington Street subject to fire lane easement for the University and an easement for some of their utilities. The University will maintain the 20' fire lane for the City and the surrounding landscaped area. -C i7 MINUTES IOWA CITY CITY COUNCIL INFORMAL COUNCIL DISCUSSION JULY 12, 1988 PAGE 3 PROGRESS PAYMENTS AND CHANGE ORDERS. Discussions were held regarding how these would be processed and paid. TERM OF AGREEMENT. The City had proposed 100 year term with ability to renew the agreement for five-year periods and the University countered with a proposal for a 50 -year term. Timmins stated the City and University discussed the renewal for an additional unspecified period if the City's water facility would not prevent the University's use of other adjacent University properties. ROLE OF UNIVERSITY IN CONSTRUCTION MANAGEMENT PHASE. Timmins explained that the City is contracting the University to build the facility and to be construction managers. USE OF TOP SURFACE OF WATER TANK. Timmins stated the City does not care what the University uses at the top of the water tank as long as the University remained in care, custody and control of that. Timmins said that a resolution of intent for the 28E Agreement could possibly be scheduled on Council's August 26th formal agenda and a public hearing and resolution authorizing the execution of the 28E Agreement could be scheduled for their first meeting in August. F. Ordinance to amend the Zoning Ordinance marking requirements in the No Council comment. DEMONSTRATION: PARKING TICKET WRITER: Reel 88-36, Side 2 Helling said the parking ticket writer was not available for a demonstration. COUNCIL TIME/AGENDA: Reel 88-36, Side 2 (Agenda Item No. 3.C.3. - Liquor License for Dubuque Street Brewing Company) Karr noted this item is a liquor license refund and the Consent Calendar should be amended. EXECUTIVE SESSION: Reel 88-36, Side 2 Moved by Ambrisco, seconded by Courtney, to adjourn to executive session under Section 21.5.I 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 (City Clerk evaluation). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor declared the motion carried. Council adjourned to executive session at 7:00 p.m. -r-/%