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HomeMy WebLinkAbout1988-07-26 Council minutesInformal 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 & ZONING MATTERS. A. Settino a nuhlir hoar B. Schmeiser stated that the Planning & 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. C. Public hearing on an ordinance to vacate a portion of Maid 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 Schmeiser noted Benjamin Chait has withdrawn his request to vacate Harrison Street right-of-way.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 & 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. D. Pubii"earing on an ordinanra in r07nno nrnnnrf4.e �f 10117 lone 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 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. Ordinance to vacate portions of Capitol, and Bloominatnn streets (second consideration) Timmins said that the City submitted a proposed 28E 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-WAY. 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. 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 parking reguirements in the CB -2 zone. (passed and adoptedl No Council comment. DEMONSTRATION: PARKING TICKET WRITER: Reel 88-36, Side 2 Hell ing said the parking ticket writer was not available for a demonstration. COUNCIL TIME/AGENDA: Reel 88-36, Side 2 1. (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. Reel 88-36, Side 2 Moved by Ambrisco, seconded by Courtney, to adjourn to executive session under Section 21.5.1 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. OFFICIAL MKIL ACTIONS -7/12/88 The cost of polishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is S Iove City Council, reg. mtg., 7/12, 7:30 pum at the Civic Center. Mayor McDonald presiding. Councilmerbers present: Aabrisco, CourtneY, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. The Mayor proclaimed August 7-13, 1988, as U.S Olympic Coin Week. Moved and seconded that the following items and reconn dations 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, as published, subject to correction, as recamrnded by the City Clerk. Minutes of Boards and Coomissions: Parks 8 Rec. Comm. -6/18; Riverfront Dc m.-6/1; P&Z Cann. -6/16; Bd. of Library Trustees -6/23. Permit Motions and Resolutions: Class E Beer Permit for Osco Dug Stare, 201 S. Clinton St. Class E Liquor License for Dngtom p2, 1221 N. Dodge St. Liquor License refuel for Dubuque Street Brewrrg Co., 313 S. Dubuque St. Class C Liquor License for Maxie's, 1920 Keokuk. Class C Liquor License fur Studio 114, 114 Wright St. RES. 88-157, ISSUING CIGARETTE PERMITS. RES. 88-158, ISSUING DANCING PEMTlS. Correspondence: Petition from residents of Hanover Court requesting a fence be constructed atop the retaining wall between Hanover Caurt Owners' Association property and the new sidewalk on Scott Blvd., referred to the Public Works Dept. for recomendation. Mara from the Traffic Engr. re parking prohibition on Ashley Drive; parking prohibition on the west side of Keokuk St. between U.S. Wry. 6 and Southgate Ave.; lane mricings an Keokuk St. between U.S. Wry. 6 and Sandusky Ave. Mara from the Civil Service Corm 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/Cenetery; Maintenance Worker I/Transit Div.; Mass Transit Operator/Transit; Special Projects Manager/Public Works Adm. Applications for Use of Streets and Rblic Grounds: Peg McElroy to close an alley for a neighborhood party 6/26, approved. Chmb r of Minutes Iowa City City Council Council Activities July 12, 1988 Page 2 Cmmerce and Downton Association for Sidevalk Days an 7/15-17, approved. Applications for City Plaza Use Permits: Dennis Houlihan dba Yodi the Clon to make balloon sculptures as an occasional vector 6/24-25, approved. Free Medical Clinic to set up a table to sell tickets to a fund-raiser on 7/6-7, approved. Latin American Huron Rights Advocacy Caller to set up a table 7/5-11 to distribute literature and offer crafts for donations, approved. Visiting Horses Association of Johnson Coady to set up a table to sell tickets for a fud-raising event 7/8, 7/11, 7/13, 7/18, 7/22, 8/5, 8/8, and 8/12, approved. The Mayor declared the motion carried. moved and seceded to set a public hearing for 7/26, on an ordinance to rezone from CI -1 to CC -2 prey west of Waterfront Drive and north of Stevens Drive awned by Gay's Locker Company. The Mayor declared the motion carried. moved and seconded to set a public hearing for 7/26 on an amendment to the Zoning Ordinance to permit food lockers in the CC -2 zone. The Mayor declared the motion carried. A public hearing was held an an ordinance to vacate a portion of Maiden Lane. A public hearing was held on an ordinance to rezone properties at 1807, 1809, 1813, 1819, 1825 and 1831 Lamer Muscatine Road frau RS -5 to RS -8. The following people appeared opposing the rezoning: Melvin Hoffman, 1819 Deforest and Tas Anthony, 1004 Kirh%ood. Pat Green, owner of are of the properties, appeared in favor of the request. The Mayor amerced the item would be on the Cantil agenda of 7/26 for action. Moved and seconded that the ordinance to vacate portions of Capitol and Bloomington Streets, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded that OPD. 88-3386, TO ROD THE ZCNlt& CPDIMWNCE PAWOWS REQUIOUTS IH 11E CB - 2 ZOME, be passed and adopted. Geraldine Busse, Senior Ceder Commission, reported on the Senior Peer Counseling Project currently being dare at the Center. The Mayor annourced are vacancy far an umpired term ending 3/1/89 on the Committee on Cammrity Heeds. This appointment will be made at the 8w/23 meeting of the City Council. Minutes Iowa City City Council Council Activities July 12, 1988 Page 3 Larson questioned vkther the Legal Dept. has completed research on the abandoned house ordinance. The City Attorney stated both the abadred building ordinance and the naospaper vending machine will be scheduled for Cantil informal session on 1/26. Councilwber Dickson amomced her upcoming vaing and that she would be moving to New Jersey. The Mayor outlined two options available to fill the unexpired term, appointment and special election. Council agreed to schedule a special informal session on Mxday, 7/18, 6:30 p.m., to discuss the options. Moved and seconded to adopt AES. 88-159, AUWIZING THE MAYOR TO SI(N AND THE CITY CLERK TO ATTEST COOPERATIVETo � PNCNIDEELECTRICALERN SERVICEE TO� SUM WISTEWATER TREATMENT FACILITY. Moved and seconded to adopt RES. 88-160, AUMORIZIN3 AN DCTENSION THfiDl1(:i SEPTUM 14, 1983, FOR FINALIZING A REAL ESTATE CONTRACT FOR THE SALE OF PARCEL D LOCATED IN THE LOWER RALSTON CREEK AREA OF ICW4 CITY, IOWA. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Cantil meetirgs prior to the meeting at vhich 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 seceded that the ordinance amending Chapter 32.1, entitled "Taxation and Revenue" of the Code of Ordinances of the City of Iowa City, Iowa, by wending Section 32.1-63 therein to increase the meant of the fine provided for illegal parking for a handicapped zone as required by Section 601E.6 and 8D5.8 of the Iowa Code, as anerded, be given second vote for passage. The Mayor declared the notion carried. Moved and seconded to adjourn 8:35 p.m. The Mayor declared the motion carried. G Minutes IDA City City Council Council Activities July 12, 1988 Page 4 A more conplete description of Council activities is on file in the office of the City Clerk. n ,, /X n� s/ JCtN M7J(rY1LD, M4YCR � j s/MWtIM K. KARR, qM CLEA( Wxdtted for 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: of fficial il Actions of of 6/28/88, as Approval published, subject cto correction, tas rehe commendedular tby9the City Clerk. RiverfronteComo.B6/1/88; PSZoComnsi6/16/88; Bd.gofeLibrary Trustees- 6/23/88. Permit Motions and Resolutions: Approving Class E Beer Permit for Osco Drug, Inc, dba Osco Drug Store, 201 S. Clinton St. 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 SSD 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; 6aand Southgate ntAve.; lane markings on Keokuion on the west side of k St. between S between U.S. 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. ons Use of Streets and McElroy to closeanalley r for a neighborhood PublicGrounds: r6/26/88,Peapproved. 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, 8/12/88, approved. 8/8, and 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 Gays 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. an 1807, Public809ri1 13,1819,as18251andn1831 Lower Muscatinenance to zoneRoadpfroetis at romrRSe5 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 seconded 28, TOMEND THErZONINGsORDINANCEy PARKING REQUIREMENTS Strait, that ORD. 8-33IN 6, CB-22ZONE, 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. CedarwoodCouncilmember H Housing Courtney ng P ojecerecent noted articles neighborhood acenter, and questioned whether an additional inspection could be scheduled to address with complaints. Asst. CitMr. ttheHousingandInspection Services Larson stresseddtheuneed 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 withcmembersin the of Boards mandiCommissionseandand di terested citizens to discuss it. Strait reported on Soviet guests in his home over the July C uncilmemberswho were ack owledgedictheteventnandethe Positivei icomments 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. P 159, Moved AUTHORIZING yTHE econdeMAYORdTO SIGN 1AND by StrattTHEdCITYRCLERKB TO ATBk.TEST9AN 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 i I Moved by Ambrisco, seconded by Strait, to adopt RES. 88-160, Bk. 98, p. 160, AUTHORIZING AN EXTENSION THROUGH SEPTEMBER 14, 1988, FOR I FINALIZING A REAL ESTATE CONTRACT FOR THE SALE OF PARCEL D LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA, to Benjamin Chait. 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 by Courtney, seconded by Strait, that the ordinance amending Chapter 32.1, entitled "Taxation and Revenue" of the Code of 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. Moved by Dickson, seconded by Strait, to adjourn 8:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. JOHN MCDONALD, MAYOR ATTEST: MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES July 26, 1988 Iowa City Council, reg. mtg., 7/26/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Larson, McDonald. Absent: Dickson, Strait. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmadeke, Fosse, Beagle. Council minutes tape recorded on Tape 88-39, Side 2, 320-1; 88-45, Sides 1 & 2, 1 -End. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 7/12/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing Comm. - 6/14/88, 7/12/88; Historic Preservation Comm. - 6/8/88; Bd. of Adjustment - 6/8 & 6/9/88; Police and Fire Retirement Systems Board joint meeting - 5/31/88; P&Z Comm. - 7/7/88; Resources Conservation Comm. - 5/9/88; Sr. Center Comm. - 5/16/88; Broadband Telecomm. Comm. - 6/22/88; Airport Comm. - 5/18, 5/24, 5/25, 5/26, 6/2/88. Permit Motions and Resolutions: Approving a Class C Liquor License for Cheers, Inc, dba Cheers & Misque, 211 Iowa Avenue. Approving a Class C Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn Street. Approving a Class C Liquor License for Field House, Inc. dba The Field House, 111 E. College Street. Approving a Class C Liquor License for KJ Enterprises Co. dba Gas Co. Inn, 2300 Muscatine Avenue. Approving a Class C Liquor License for 6:20 Inc. dba 6:20, 620 South Madison Street. Approving a Class B Beer Permit for Lotito's Pizza Ltd. dba Lotito's Pizza Ltd., 321 S. Gilbert Street. Approving a Class C Beer Permit for Voss Petroleum Company of Iowa City dba Dan's Mustang Market, 933 South Clinton. RES. 88-161, Bk. 98, p. 161, ISSUING DANCING PERMITS. Setting Public Hearings: RES. 88-162, Bk. 98, p. 162, RESOLU- TION OF INTENT TO DISPOSE OF A PORTION OF VACATED STREET RIGHT-OF-WAY ADJACENT TO HORACE MANN SCHOOL BY SELLING SAME TO WILLIAM AND DORIS PREUCIL FOR USE IN CONJUNCTION WITH THE PREUCIL SCHOOL OF MUSIC AND SETTING A PUBLIC HEARING THEREON for 8/9/88. Correspondence: Letters expressing opposition to the proposed zoning change to allow duplexes at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road: Don McChristy, Melvin and Sarah Hoffman, Richard and Charlotte Robbins, Paul and Jill VanDorpe, Denna Milbrandt, Mr. and Mrs. W.D. Cramer, Rose LeGrange, Robert and Karla Peiffer, Howard Gosnell. Diana Thrift and Witold Krajewski express- ing opposition to the proposed location of the firearms range. Memo from the Traffic Engr.: stop sign on Davenport at Van Buren; stop sign installation on Court Street at Scott Boulevard; stop sign installation on Lower West Branch Road at Scott Boulevard; stop sign installation on Washington Street at Scott Boulevard. Council Activities July 26, 1988 Page 2 Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to have a table on City Plaza from which to distribute literature and offer crafts for donations, approved. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Ambrisco, seconded by Courtney, to set a public hearing for 8/9/88, on an ordinance to redesignate that portion of Maiden Lane between the south right-of-way line of Court Street and the north right-of-way line of Harrison Street an alley. The Mayor declared the motion carried unanimously, 5/0, Dickson, Strait absent. A public hearing was held on an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2 (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Courtney, that the ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2 (Gay's Locker), be given first vote for passage. Ambrisco noted that not enough Councilmembers were present for waiving of readings and hoped that the matter could be expedited at the 8/9/88 meeting. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Courtney, that an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use (Gay's Locker), be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that an ordinance to vacate a portion of Maiden lane be given first vote for passage. Larson questioned the status of the vacation if Mr. Chait did not purchase the other parcel. The City Attorney stated that the vacation was one step in the process and that Mr. Chait had no right to the alley until a deed was issued. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that an ordinance to rezone properties at 1807, 1809, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8, be given first vote for passage. Don McChristy, 1804 Deforest, Charlotte Robbins, 1815 De Forest, appeared in opposition to the proposed rezoning. Individual Councilmembers expressed reasons for denying the request. The Mayor declared the motion defeated on unanimous roll call vote, 0/5, Dickson, Strait absent. The Mayor stated the next item on the agenda was consideration of an ordinance to vacate portions of Capitol and Bloomington Streets. The City Council Activities July 26, 1988 Page 3 Attorney reported that item 012 on the agenda is a proposed 28E agreement with the University that will convey portions of this property being vacated. He stated the ordinance was in error and distributed a corrected version of the ordinance that would pare back a portion on Capitol Street. He suggested that Council amend the ordinance, give third consideration, and wait until the 8/9/88 meeting for fourth and final passage at the same time as the resolution authorizing execution of the 28E agreement is voted upon. The City Attorney noted that the resolution of intent, item 012, has also been amended to reflect the corrected list of conveyances. Moved by Larson, seconded by Ambrisco, to accept the amendments as presented and give third consideration at this time. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that an ordinance to vacate portions of Capitol and Bloomington Street be given third consider- ation at this time. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried and noted the matter would be scheduled for final consideration on 8/9/88. The Mayor announced the following vacancies: Bd. of Electrical Examiners and Appeals - one vacancy for a four-year term ending 10/26/92; Broadband Telecommunications Comm. - one vacancy for an unexpired term ending 3/13/89. These appointments will be made at the 9/6/88 meeting of the City Council. Councilmember Horowitz noted the copy of the letter from the City Mgr. to the Corps of Engineers regarding the application from Jim Glasgow Construction, and questioned other areas of the City that may be filled in like this property. The City Mgr. stated that in addition to Sturgis Ferry, about 7 or 8 other areas would fit into the category. Courtney noted the memo from the City Manager regarding traffic conditions along Highway 1 West, and asked that copies be sent to local merchants. Recommendation of the Broadband Telecommunications Commission that Council authorize the spending of up to $4,000 from the cable TV budget to hire a consultant. The consultant will facilitate the development of the Request for Proposals (RFP) and an evaluation of the RFP responses in regard to the Non -Profit Organization (NPO). Councilmembers requested more information prior to making a final decision. The Asst. City Mgr. stated more information would be provided and the matter would be presented as a budget amendment at a later time. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-163, Bk. 98, p. 163, RESCINDING PRIOR RESOLUTION NO. 82-234 AND PROVIDING FOR AN AMENDMENT TO THE FEE SCHEDULE FOR SIGN ERECTORS' LICENSES AND SIGN PERMITS BY AUTHORIZING A MAXIMUM PERMIT FEE FOR BANNER SIGNS. Ambrisco noted problems last year regarding enforcement of the old resolution and asked that all fraternities and sororities be notified of the change. Larson asked that in the future the Planning and Zoning Commission consider relaxing the sign requirements. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88-164, Bk. 98, p. 164, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY89 LANDFILL Council Activities July 26, 1988 Page 4 EXCAVATION PROJECT, to Barkers, Inc., for $116,260.16. The City Mgr. stated the landfill project needed to proceed and therefore the alternate project, firearms training project, would not be awarded at this time. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. is Moved by Ambrisco, seconded by LarsonOVING AND, to adopt RES. 88-165, Bk. 98AND DIRECTICLER, TO ATTEST AANRAGREEMENT BETWEENIZIN CITY AND STANLEYNGCONSULTANTSTHE MAYORAND FORCITY PROVISION F. OF VALUE ENGINEERING, FACILITIES PLAN UPDATE AND ENVIRONMENTAL REVIEW FOR WASTEWATERTHE $65,200.00. Affirmative Rroll ONcall Cvote lEIMPfrROVEMENTS Dickson, Strait y absent. The Mayor declared the resolution adopted. The Mayor announced that the next item on the agenda was considera- tion chilled8wateragreement facilitywith and University wwaterY storage University/City Theparking City Attorney noted that a revised resolution had been distributed. Moved by a{{ Courtney, bAmbrisco, oadopt B 6 A REVISED RESOLUTION OF INTENT TO ENTER INTO ACHAPTER 28E AGREEMENT6WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY , ANDCONVEYANCENTOA THETER UNIVERSITYE OFACILITYCERTAIN INTERESTSVNG INIVACATED PORTIONSFOR THEYOF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN 1 this projectNonlyThe andCity thatAatorney final versionewouldtbeheavailabletby lthesto end ppb of the week. He noted that the width and surfacing of the fire lane easement would roll callvote unanimous, 5/0, Strait, Dicksontabsent. he FireCThefMayorfdeclared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-167, Bk. 98, P. 167, INTENT TO CONVEY POWER LINE EASEMENTS TO IOWA -ILLINOIS GAS & ELECTRIC ACCESSROADPAFOR ALL THEINSOUTHCONNECTION WASTEWATERTHE TREATMENT PLANT. In response to Ambrisco, the City Attorney reported on the status of two condemnation proceedings, Kent Braverman and Pleasant Valley Nursery. Affirmative roll ' call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Larson, to adopt RES. 88-168, Bk. 98, P. 168, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY TO PROVIDE FOR THE INSTALLA- TION AND MAINTENANCE OF A FIBRE OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FOR THE PROVISION OF LONG DISTANCE TELEPHONE AND TELECOMMUNICATIONS SERVICE TO IOWA CITY AND ITS ENVIRONS. The City Attorney distributed copies of the AT&T license agreement and stated that a revised Exhibit A - map showing location of fibre optic system, Exhibit B -copy of an insurance certificate, and a check for $5,825 would be delivered to the City prior to execution $1,000 per eyear tminus the eddiscount. chAffirmativeerollecall I i Council Activities July 26, 1988 Page 5 vote unanimous, 5/O, Strait, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-169, Bk. 98, p. 169, UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1989 FOR THE CITY MANAGER AND CITY CLERK, $67,912/year plus a one-time 4% bonus for the City Manager and $31,512/year for the City Clerk. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. P Moved by Courtney, seconded by Horowitz, that ORD. 88-3387 Bk. 29 P• 29, AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUE" OF THE CODE OF 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 passed and adopted. Ambrisco noted that recent State legislation increased the fine for parking in a handicapped parking stall but encouraged the State to pursue additional legislation. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Larson, to adjourn 8:45 ayor declared the motion carried P.M.pThe unanimously, 5/0, Dickson, Strait absent. MMiriniMiv K. KARR, CI IT CLERK HN MCDONALD, AYO 0 Informal Council Discussion July 18, 1988 Informal Council Discussion, July 18, 1988, 6:30 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Ambrisco, Courtney, Larson, Strait, Horowitz. Absent: Dickson. ' Staffinembers present: Atkins, Helling, Timmins, Karr, Rockwell. Tape- recorded on Reel 88-40, Side 1, 1 -END, Side 2, END -420. RIYERFRONT RECOMMENDATIONS REGARDING CORPS OF ENGINEERS PUBLIC NOTICE- Reel BY JIM GLASGOW CONSTRUCTION: Reel 88-40, Side 1 r Rockwell presented Council with an overhead projection map of the area. Rockwell stated that the Riverfront Commission held a meeting on July 13, {; 1988, to discuss Glasgow's proposal to place additional fill west of North Dubuque Street and south of Taft Speedway. Rockwell reviewed information contained in her July 14, 1988, memo regarding wetland fill south of Taft Speedway. Rockwell explained additional information was received from the U.S. Army Corps of Engineers; the Corps considers the area forested wetland; and the Corps did not have jurisdiction over forested wetlands until February 29, 1988. Rockwell stated the Corps considers that it has no jurisdiction over the area with the existing 30,000 cubic feet of fill because the fill was placed prior to February 29, 1988. Larson asked if the U.S. Army Corps of Engineers or City has the authority to order the fill removed. Rockwell said the contractor does have permission from the City Engineer to fill on the property. McDonald asked under what circumstances does the Corps allow wetlands to be filled. Rockwell said this is the first case of a forested wetland to be handled by the Corps. Horowitz stated that she was in contact with Corps of Engineer Wayne Hammel. Horowitz said that every piece of wetland has different degrees of wetland; the Corps did soil bores on this property; and this property is not considered a wet -wet type of wetland. Horowitz said the Corps said a house could be built on the fill in this area. Rockwell introduced Riverfront Commission member Doug Jones. Riverfront Commission member Doug Jones presented Council with a map showing the location of wetlands in the area. Jones summarized his July 18, 1988, letter to Council. Jones stated that the City could have jurisdiction over the area because, if there was a two-year hiatus during which no new filling was done, Glasgow lost his grandfathering clause for the existing piece of land and the new floodplain ordinance would apply. Strait asked if the City Attorney should review this information. Horowitz said that staff could ask the DNR what the impact of the two-year hiatus was. Atkins suggested that the City send a letter to the U.S. Army Corps of Engineers containing Council's resolution approving the Riverfront Commission's recommendation, as outlined in Rockwell's July 14th memo regarding wetland fill south of Taft Speedway, and requesting an opinion as to whether the City can order the fill removed or altered. Horowitz asked that information be forwarded to JCCOG. Council concurred that a resolution approving the Riverfront Commission's recommendation and a supplementary letter be forwarded to the U.S. Army Corps of Engineers. I —/g MINUTES INFORMAL COUNCIL MINUTES JULY 18, 1988 PAGE 2 PROCESS FOR FILLING CITY COUNCIL VACANCY: Reel 88-40, Side 1 McDonald explained Council has two options to fill the City Council position to be vacated by Kate Dickson: 1) to call for a special election, or 2) by appointment. McDonald stated he favored appointing someone to the position because the estimated $10,000-$12,000 cost r associated with holding a special election. Larson noted that anyone can run for the office and that, with the proper timing, the election could be held along with the general election in November. Larson said he would be in favor of appointing someone, but with expectation that a petition would be filed and an election held in November. In response to McDonald, Karr stated there are still costs if the election is combined with the general election. Karr stated that there also would be additional costs if a primary election would be required. Horowitz asked if a ballot could be 3. triggered for the remainder of Dickson's term plus four more years. Karr r stated that was not an option. Strait asked for a review of an Iowa Code r provision stating that a runner-up in the previous election shall be s designated as the replacement. Ambrisco stated he supports the idea that the Council unanimously appoint someone to fill the position. Strait # suggested that people interested in being appointed to the position should formally or informally turn their names in to the City Clerk's office. Ambrisco agreed that the process should be formalized. Council agreed to fill the position that would be vacated by Kate Dickson by appointment. Council discussed the application procedures. Karr stated that a letter of interest could be submitted to the City Clerk's office. Horowitz suggested that the Boards and Commissions application form be utilized. In response to McDonald, Karr stated the public notice could be published immediately, but the official notice would need to be published when the effective date of vacancy is known. Council received public input from Loret Mast speaking in opposition to filling the vacancy by appointment. Atkins suggested that the public notice state the means by which people express the interest to fill the Council position. Council agreed with Atkins' suggestion that Council consider a one-page letter of expression from individuals interested in serving on the City Council. Karr distributed copies of sections of the State Code and referred Councilmembers to Sections 39.2, 69.12, 362.3, 376.4, and 372.13. Larson noted that information in Section 69.12 may not be applicable and noted that Section also deals with Councilmember Strait'squestion re appointing the runner-up. Timmins noted that Section 372.13 referenced Section 69.12. T—If MINUTES INFORMAL COUNCIL MINUTES JULY 18, 1988 PAGE 3 COUNCIL TIME/AGENDA: Reel 88-40, Side 2 1. Council discussed their meeting schedule. McDonald recommended return to Council's fall schedule and schedule an informal meeting for Monday, July 25, at 6:30 p.m., and continue scheduling Monday night informals. Council agreed. 2. Horowitz inquired about the National League of Cities meeting to be held in Boston In December. McDonald said it was unwritten policy that only the Mayor and two Councilmembers attend the National League of Cities meeting. McDonald suggested that policy be expanded to allow all interested Councilmembers to attend the meeting. McDonald asked council to contact Lorraine regarding reservations for the upcoming National League of Cities meeting. 3. Ambrisco announced a Southeast Iowa League of Municipalities meeting is scheduled for Wednesday, July 20, at Chariton. 4. McDonald announced a meeting, sponsored by the Iowa League of Municipalities, is scheduled August 11, 1988, 7:00-8:30 p.m., in Cedar Falls to discuss potential issues for the upcoming legislative session. The meeting adjourned at 7:45 p.m. 1-/d, 9 Informal Council Discussion July 25, 1988 Informal Council Discussion, July 25, 1988, 6:30 p.m., in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Ambrisco, Courtney, Larson, Horowitz, Dickson. Absent: Strait. Staff present: Atkins, Timmins, Karr, Schmeiser, Cain. Tape-recorded on Reel -88-40, Side 2, 420-1; Reel 88-41, Side 1, 1 -End and Side 2, End -568. PLANNING & ZONING: A. B. Reel 88-40, Side 2 Schmeiser said the applicant has withdrawn the request to vacate and dispose of the Maiden Lane right-of-way between Harrison Street and Court Street. Schmeiser said the Planning & Zoning Commission recommended that the 47 foot wide portion of Maiden Lane between Court and Harrison streets be redesigned an alley provided the City commits to paving this right-of-way and providing metered parking in the area. In response to Ambrisco, Schmeiser said he has not been in contact with Paul Dunlap. Horowitz asked if there are any other city alleys that are paved and metered. Schmeiser said there are some alleys used for parking. Ambrisco said there is a metered parking area west of Gilpin Paint & Glass store. Larson asked what would be the advantages of designating the area an alley versus a street. Schmeiser replied that two reasons to designate the area an alley are that a 20 foot setback for commercial buildings would no longer be required and the street functions more as an alley. Horowitz inquired about the impact of the alley on the property located farther to the south. Schmeiser said stores located on the east side of Maiden Lane would have both rear and front access and the businesses in the area are desperate for parking spaces. McDonald asked if area property and business owners have been notified about the public hearing. Schmeiser said the City will notify the property and business owners. Larson noted the Planning & Zoning Commission recommendation was generally consistent with staff. Schmeiser said the original staff recommendations were specifically addressing the vacation. Larson referred to the Planning & Zoning Commissioner Dave Clark's amendment relating to the City's responsibility to maintain the area. Larson note there are alleys in varying degrees of upkeep. Schmeiser said the area could be redesignated to a parking area. Schmeiser said that Gay's is composed of three uses: a slaughterhouse, a meat market, and a locker use. The slaughterhouse was not damaged by the fire and the meat market and locker use were substantially destroyed by the fire. Schmeiser reported that Gay's wants to reestablish the meat locker, keep the slaughterhouse as it exists, and increase the size of the retail meat market. Schmeiser said that a retail meat market is not permitted in the CI -1 zone, a locker is not permitted in the CC -2 zone and, therefore, there is a 1 MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 2 proposal to amend the Zoning Ordinance to allow lockers as a wpermitted ein zone. the ho use ouldremaina non-conforminguse for perpet ity noted Shmeisersaidthe Planning b Zoning Commission received no objections to the proposal. C. ORDINANCE TO DRIVE FROM Q. See "B" above. D. PUBLIC HEARING FOOD LOCKERS 1 USE. {GAY'S L See "B" above. E. ORDINANCF TO A See "B" above. F. ORDINANCE TO VACATE A PORTION OF MAIDEN LANE. No Council comment. G. ORDINANCF Tn RF7nNF UonoroTrrc AT ,"A, Schmeiser reported that the City has received nine letters in objection to the request. Schmeiser stated that by ordinance if owners of 20 percent or more of the property being petitioned for rezoning object to the request, it requires an extraordinary vote by City Council to approve the request. Schmeiser noted it was the Planning & Zoning Commission's recommendation to approve the request. Regarding the current use of the properties, Schmeiser reported that it does appear that at least three of the properties are rented out. H. ORDINANCE TO VACATE PORTIONS OF CAPITOL AND BLOOMINGTON STREETS. No Council comment. Reel 88-40, Side 2 Boothroy noted Council received his July 20th memorandum regarding abatement procedures for abandoned buildings and other nuisances. Boothroy reviewed the draft of the ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City - containing new definitions, standards and procedures for the abatement of nuisances. Boothroy stated there are at least two buildings within Iowa City that meet the definition of abandoned buildings as defined in the proposed ordinance amendment. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 3 Horowitz inquired about the status of a house located in her neighborhood, 1121 Kirkwood. Boothroy said the enforcement officer would decide if the building would constitute a nuisance. Boothroy said that specific house appears to be kept up, but under the proposed set of regulations the City could administratively take action to cause it to be repaired. Or, administratively or with the municipal infraction, have the house removed or demolished. Horowitz referred to the ordinance, Section 1, Article 6, Section 24-101(a) Hazardous Wastes, and asked about the enforcement. Boothroy said that it will be enforced primarily through the Johnson County Health Department. Boothroy referred to Section 24-102(d) Hazardous Wastes. Ambrisco asked if State statutes limits the maximum amount of fines. Boothroy said $100 is the maximum under the municipal infraction process for first offense and $200 is maximum the City could cite for a repeat offense. Boothroy recommended that $100 is a reasonable amount to cite someone for first offense. In response to Larson, Boothroy agreed that the proposed ordinance would allow a house to remain vacant as long as it did not violate the Housing Code or was not left unsecured. Larson raised concerns that the ordinance could be over -broad. Boothroy noted that some communities use a registration process for vacant buildings. Courtney asked when the proposed ordinance could be applied to existing abandoned building nuisances. Boothroy said the ordinance would apply to existing situations. Timmins stated that if buildings are in a hazardous condition now and constitute a nuisance, they would not be grandfathered in under the proposed ordinance. Timmins said the ordinance would allow the City to proceed in magistrate's court. Larson stated a person should be given a warning before the ordinance would be applied or take effect. Council agreed to direct staff to prepare the final draft of the ordinance. NEWSPAPER VENDING MACHINES: Reel 88-41, Side 1 McDonald stated that Council had previously discussed this issue and the Legal Department has determined the City has the authority to regulate newspaper vending machines. McDonald referred to the handout Location of Newspaper Dispensers and noted that there were 20 newspaper vending machines in 1983, 41 in 1985, 54 in 1987, and 74 in 1988 in the downtown business district. Boyle stated Council received his July 20th memorandum regarding regulation of newsracks on City property (update). Boyle stated he receive a copy of a decision of the Eighth Circuit Court of Appeals, dated July 13, which sustained Judge Stewart's decision in the Des Moines newsrack case. Boyle reported the ordinance, as written, and the $10 annual newsrack fee were sustained, but the specific standards were not addressed by the District Court or Court of Appeals. Boyle stated the proposed ordinance is modeled after the Des Moines ordinance. Boyle stated the ordinance tries to insure that sidewalks stay clear and that there are no display advertisements on the side of the newsrack. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 4 Courtney asked if the 250 foot requirement (Section 31-162A.(4)) could be expanded or narrowed. Boyle said he was not aware of any court decision relating to the 250 foot requirement and the question that should be addressed is: Is the newspaper being given a fair opportunity to distribute the paper? Cain stated that two years ago when the Design Review Committee addressed modular units on the City Plaza, they recommended that the modular units be put in the downtown area, bounded by Burlington Street, South Capitol Street, Iowa Avenue, and Linn Street. Cain said the ordinance, as proposed, addresses modular units just on the City Plaza. Horowitz asked if the Design Review Committee looked at examples of modular units. Cain replied that Design Review Committee members have seen modular units designed by Birkley Small and modular units used in the Des Moines skywalk system. Cain presented a photo of newspaper vending machine modular units located in Boulder, Colorado. Larson asked why newspapers should be placed in modular units. Cain said a uniformed modular unit offers convenience, safety and is aesthetically pleasing. Larson asked if the ordinance would limit the number of newspaper vending machines located in the Plaza. Boyle said it would not. Timmins said there are cities who have held lotteries to see what newspapers get into the banks of newspaper vending machines. McDonald reported correspondence was received from Mary Stier, publisher of the Press -Citizen. Mary Stier appeared and stated the Press -Citizen would like to work with the City; rack sales constitutes 18Y of thePress- Citizen sales, and the Press -Citizen is open to looking at modular racks. Stier asked the City to work with area publishers and representatives of the newspaper to reach a compromise without having to pass an ordinance. McDonald said City staff previously met with newspaper representatives three or four years ago to discuss this issue. Bill Casey, publisher of the Daily Iowan, Denver Dickson, representing the Cedar Rapids Gazette, and Bob Sharp, state circulation manager for the Des Moines Register, also spoke in favor of working on this issue with City staff before passing an ordinance. Larson said there may be advantages to having a voluntary agreement with area publishers. Courtney asked Mary Stier why the Press - Citizen uses so many newspaper vending machines. Stier said it enables the Press -Citizen to sell more newspapers. Stier noted that newspaper rack sales are the fastest growing area. Courtney said the number of newspaper vending machines in the downtown plaza is a sin. Council agreed that staff should meet with area publishers to work on the newspaper vending machine issue. Atkins stated Council needs to indicate to staff what the acceptable elements of the ordinance are. Ambrisco said it is the City Council's responsibility to keep Iowa City beautiful. Ambrisco stated the proliferation of newspaper vending machines should be addressed voluntarily. Courtney suggested that the Design Review Committee be involved in discussions regarding the newspaper vending machines. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 5 COUNCIL TIME/AGENDA: Reel 88-41, Side I 1. McDonald stated Council received correspondence from the Iowa City and Coralville Convention and Visitors Bureau requesting $5,000 to be used for the Bureau's restricted loan fund. Courtney explained the Bureau loans money to organizations to enable them to make bids for conventions to be held in Iowa City. The City Council agreed to appropriate the $5,000 to the Convention Bureau. 2. Atkins announced that the Heartland Management has requested use of the City Council Chambers at 10:30 Tuesday to present information relating to Cedarwood. 3. Larson noted that applications to fill the Council position to be vacated by Kate Dickson are still being accepted. No deadline currently exists. 4. (Agenda item No. 12 - Chapter 28E Agreement with University/Chilled Water Facility.) Timmins distributed the draft of the 28E Agreement between the City of Iowa City and the University of Iowa providing for the development, use, occupancy, management and operation of the University/City parking and chilled water facility and water storage facility. Timmins noted the resolution of intent for the 28E Agreement is scheduled on Council's formal agenda. The final form of the documents will be presented to Council on Tuesday. (Further discussion after Item No. 5.) i. (Agenda Item No. 14 - A license agreement between Iowa City and AT&T.) Timmins said the proposed draft of the map will be presented to Council and the City has accepted a one-time discount license fee of $5,825 instead of the proposed $1,000 per year for the 25 year term. (Continued.) Larson asked if the public will be able to used the proposed University parking facility. Timmins stated parking will be controlled by the University. Atkins said he will ask the University about the use of the parking facility. (Agenda Item No. 11 - Agreement between City and Stanley Consultants for provision of valued engineering/wastewater transportation facilities improvements project.) Horowitz asked how the Part H Subsection I differs from what Iowa City hired a consultant manager for. Timmins said this agenda item relates to milestone schedule for all of the sewer project. Atkins explained the City is managing neighborhood sewers and interceptor sewers in-house and to possibly become eligible for federal assistance for the neighborhood sewers and interceptors, the City must do a valued engineering program by an independent contractor. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 6 EXECUTIVE SESSION: Reel 88-41, Side 2 Moved by Ambrisco, seconded by Dickson, to adjourn to executive session under Section 21.5I. 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 has requested a closed session (City Attorney evaluation). Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the motion carried. The Council adjourned to executive session at 8:05 p.m.