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HomeMy WebLinkAbout1988-08-09 Council minutesInformal 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. RIVERFRONT RECOMMENDATIONS REGARDING CORPS OF ENGINEERS PUBLIC NOTICE - APPLICATION BY JIM GLASGOW CONSTRUCTION: Reel 88-40, Side 1 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. 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 $10,000412,000 cost 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 triggered for the remainder of Dickson's term plus four more years. Karr stated that was not an option. Strait asked for a review of an Iowa Cade provision stating that a runner-up in the previous election shall be 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's question re appointing the runner-up. Timmins noted that Section 372.13 referenced Section 69.12. 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. 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. 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 eboth aand front access and the businesses inthearea 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 owners.and business recommendation s asgenerally consistent the Pwith �staff Zoning rssaid 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. B. PUBLIC HEARING nN LN nonTMAArr m 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 -I zone, a locker is not permitted in the CC -2 zone and, therefore, there is a MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 2 proposal to amend the Zoning Ordinance to allow lockers as a use wpermitted ein the CC-2 zone. the h ouldremainanon-conforminguse for perpetuity noted chmeisersaidothe Planning & Zoning Commission received no objections to the proposal. C. ORDINANCE TO DRIVE FROM CI- See "B" above. D. PUBLIC HEARING FOOD LOCKERS 1 USE, (GAY'S L See "B" above. E. F G. H See "B" above. ORDINANCE TO VACATE.A PORTION OF MAIDEN LANE. No Council comment. Schmeiser Objection topthe erd that the letters in request. Schmeisera stated ithat nine eordinance 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 Planninn8nrtmor,iethe duRegardigthe curenuse of the prpetiesSchmto eserreportethat it does appear that at least three of the properties are rented out. ORDINANCE TO VACATE PORTIONS OF CAPITO 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 18% of the Press - 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 thePress- 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 1 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.) 5. (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. 4. (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. 9 OFFICIAL COLNCIL ACTIONS - 7/26/88 The cost of publishing the following proceed- ings and claims is f . Cumulative cost for this calendar year for said publication is 5 Iowa City Council, M. mtg., 7/26/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Coumcilmambers present: Anbrisco, Courtney, HoroAtz, Larson, McDonald. Absent: Dickson, Strait. Moved and seceded that the follaking items and recamerdations in the Consent Calendar be received or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meting of 7/12/88, as published, subject to correction, as reca rmended by the City Cleric. Minutes of Boards and Cammissio ns: Housing Carom. - 6/14, 7/12; Historic Preserva- tion Cann. - 6/8; Bd. of Adjustment - 6/8 & 6/9; Police and Fire Retinment Systems Board joint meeting - 5/31; P&Z Cum. - 7/7; Resources Conservation Cann. - 5/9; Sr. Center Cam. - 5/16; . Broadlband Telecom. Cama. - 4w; Airport Cann. - 5/18, 5/24, 5/25, 5/26, 6/2. Permit Motions and Resolutions: Class C Liquor License for Cheers & Misque, 211 Iowa Avenue. Class C Liquor License for Tuck's Place, 210 N. Linn Street. Class C Liquor License for The Field House, 111 E. College Street. Class C Liquor License for Gas Co. Inn, 2300 Muscatine Avenue. Class C Liquor License for 6:20, 620 South Madison Street. Class B Beer Permit for Lotito's Pizza Ltd., 321 S. Gilbert Street. Class C Bear Permit for Dan's Mustang Market, 933 Sub Clinton. RES. 88-161, ISSUING DANCING PERMITS. Setting Public Hearings: RES. 88-162, RESOLUTICN OF INN TO D19M OF A RIITICI CF VACATED STREET RIGHT-OF-WAY ADJACENT TO HJRACE MAN SCHOOL BY SELLING SME TO WILLIAM AND DORIS PREUCIL FOR USE IN CONJINCfICN WITH THE PREUCIL SCHOOL OF MLSIC AND SETTING A RELIC HFARIt1G THEREON for 8/9. 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 Var& pe, Dana Milbrandt, M•. and Ms. W.D. Cramer, Rose LeGrarge, Robert and Karla Peiffer, Hoard Gosnell. Diana Thrift and Witold Krajmwski expressing opposition to the proposed location of the firearms range. Memo from the Traffic Engr.: stop sign on Davenport at Van Duren; stop sign installation on Court Street at Scott Official Actions July 26, 1988 Page 2 Boulevard; stop sign installation on Loef fest Branch Road at Scott Boulevard; stop sign installation on Washington Street at Scott Boulevard. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center far permission to have a table on City Plaza from which to distribute literature and offer rafts for donations, approved. The Mayor declared the motion carried. Moved and seceded to set a public hearing for 8/9/86, 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-wrdy lire of Harrison Street an alley. The Mayor declared the motion carried. A public hearing was held on an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive frvn CI -I to CC -2. Mored and seconded that the ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -I to CC -2, be given first vote for passage. i 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 Camercial (CC -2) zone as a permitted use. Moved and seconded that an ordinance to arend the Zoning Ordinance to allow food lockers in the Comnnity Commercial (CC -2) zone as a permitted use, be given first vote for passage. The Mlyar declared the motion carried. Mored and seconded that an ordinance to vacate a portion of Maiden lane be given first vote for passage. The Mayor declared the motion carried. Moved and seconded that an ordinance to rezone properties at 1807, IB09, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8, be given first vote for passage. Don Mcthristy, ISM DeForest, Charlotte Robbins, 1815 DeForest, appeared in opposition to the proposed rezoning. The Mayor declared the motion defeated. The Mayor stated the next item on the agenda was consideration of an ordinance to vacate portions of Capitol and Bloomington Streets. Moved and seconded to accept the aaedrents as presented and give third consideration at this time. The Mayor declared the motion carried. Moved and seconded that an ordinance to vacate portions of Capitol and Bloomington Street be given third consideration at this time. The Mayor declared the motion carried. The Mayor announced the following vacancies: Bd. of Electrical Examiners and Appeals - one vacancy for a four-year term ending 10/26/92; official Actions July 26, 1986 Page 3 Brnadnand Telecamrnications Corm. - ore vatary far an wagired tenn ending 3/13/89. These appoint- ments will be nide at the 9/6 meeting of the City Cantil. Recamgndation of the Breadbard Telemimnica- tions Conmission that Council authorise the spading of up to $4,000 fran the cable TV b4et to hire a consultant. The consultant will facilitate the developent of the Request for Proposals (RFP) and an evaluation of the RFP responses in regard to the Non-Pmflt Organization (NPO). Moved and seconded to adopt RES. 86-163, RESCINDING PRIOR RESOLUTION NO. 82-234 IND FMING FOR AN AM9Mff TO 11E FEE MOM FOR SIGN ERECTORS' LICENSES PAD SIGN PER411S BY AIBONIIING A MAXIMUM PERMIT FEE FOR EVNM SIGNS. Moved and seceded to adopt RES. 88-164, 4ARDING CONTRACT AND AUTHORIZING TIE MAYOR TO SIGN APD THE CITY CLER( To ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY89 LANDFILL EXCAVATION PWJECT. Moved and seconded to adopt RES. 86-165, APPROVING AND AUTHORIZING AND DIRECTING TIE MAYOR IND CITY CLEI>IC to ATTEST AN AGREEMENT BETWEEN CITY AND STANLEY CONSULTANTS FOR PROVISION OF VALUE ENGINEERING, FACILITIES PLAN UPDATE IND ETNVIRONMNTAL REVIEW FOR 1HE WASTEWATER TRANSPORTA- TION FACILITIES IMPM MEM PROJECT. Moved and seconded to adopt RES. 88-166, A REVISED RFSOLUTICN OF INTENT TO ENTER INTO A CH FTR 2BE AfJ+I w WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVEL0FT49T, USE, OCCUPANCY, WMIE NT, AND OPER+ATICN OF A UNIVFRSINY/CITY PANELING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIOS OF BLDCMINGTCN AND CAPITOL STREETS, IND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOM ADDITION. Moved and seconded to adopt RES. 84.167, DW To OUR POWER LINE FASEAEtNTS TO IOWA -ILLINOIS GAS 6 ELECTRIC MWMJ, ALL IN CONNECTION WITH 1HE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR 11E SOUTH WASTEWATER TRFATMiENT PUNT. Moved and seconded to adopt RES. 86-168, APPROVING AND AUTHORIZING AND DIRECTING THE MANOR IND CITY CLERC TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY NO AMERICAN TELEHDNE AND TELEGRAPH COMPANY TO PROVIDE FCR THE INSTALLATICN AND MAINTENANCE OF A FIBRE OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FCR THE PROVISION OF LOG DISTANCE TELEPHONE MD TELECIt"ICATIOS SERVICE To IC014 CITY AND ITS ENVIRONS. official Actions July 26, 1988 Page 4 fled and seconded to adopt RES. 88-169, UNCLASSIFIED SMARIES MD WIFEWTION FOR FISCAL YEAR 1989 FOR THE Cm WPNCER IND CM CLFIK. Moved and seconded that ORD. 88-3387, M4DING Oii4WIER 32.1, ENTITLED "TASATION MD WRW CF 1HE CEDE OF WIMAIW OF THE CITY OF ICNA CITY, IM, BY M MING SECTICN 32.1-63 THEREIN TO INCREASE TEE MDLNT OF THE FINE PROVIDED FCR ILLEGAL WV4CING FOR A WNDICAPPED ZONE AS REQUIRED 8V SECQCN EDIE.6 RD 805.8 OF THE ICW1 CODE, AS MENDED, be passed and adopted. Novel and seceded to adjourn 8:45 P.M. The Mayor declared the motion carried. A more cmplete description of Council activities is on file in the office of the City Clerk. s/in KWALD, MAYOR s/MARUN K. KW, CITY CLERK 9boitted for publication $/4/88. I 9 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 proposec 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 DeForest, 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 N12 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 H12, 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. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-165, Bk. 98, p. 165, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN CITY AND STANLEY CONSULTANTS FOR PROVISION OF VALUE ENGINEERING, FACILITIES PLAN UPDATE AND ENVIRONMENTAL REVIEW FOR THE WASTEWATER TRANSPORTATION FACILITIES IMPROVEMENTS PROJECT, for $65,200.00. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. The Mayor announced that the next item on the agenda was considera- tion of a 28E agreement with the University re the University/City parking and chilled water facility and a water storage facility. The City Attorney noted that a revised resolution had been distributed. Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-166, Bk. 98, p. 166, A REVISED RESOLUTION OF INTENT TO ENTER INTO A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION. The City Attorney explained that the agreement relates to this project only and that a final version would be available by the end of the week. He noted that the width and surfacing of the fire lane easement would be contingent upon approval by the Fire Chief. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared 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 COMPANY, ALL IN CONNECTION WITH THE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH WASTEWATER 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 of the agreement. He noted that the check reflected the up- front cost of $1,000 per year minus the discount. Affirmative roll call Council Activities July 26, 1988 Page 5 vote unanimous, 5/0, 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. 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 p.m. The Mayor declared the motion carried unanimously, 5/0, Dickson, Strait absent. JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 9, 1988 Iowa City Council, reg. mtg., 8/9/88, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Atkins, Helling, Boyle, Karr, Schmeiser, Boothroy, Schmadeke. Council minutes tape-recorded on Tape 88-45, Side 2, 656-1; 88-47, Sides 1 & 2, 1 -END; 88-48, Side 1, 1-535. The Mayor proclaimed August 19, 1988, as PARKER AND PARKING EMPLOYEES APPRECIATION DAY, Parking Supervisor Joe Fowler accepted the proclamation; UNITED STATES CONSTITUTION RATIFICATION YEAR - 1988. 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 7/26/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Sr. Center Comm. - 6/20/88; Airport Comm. - 6/21/88; Human Rights Comm. - 4/25/88; Police and Fire Retirement Systems Bd. joint meeting - 6/28/88; Riverfront Comm. - 7/6/88, 7/13/88. Permit Motions and Resolutions: Approving a Class C Liquor License for George's Buffet, Inc. dba George's Buffet, 312 Market Street. Approving a Class C Liquor License for Billy's LTD. dba Billy's, 819 -1st Ave. Approving a Class C Liquor License for Cedar River Pasta Company, Inc. dba Carlos O'Kelley's Mexican Cafe, 1411 S. Waterfront. Approving a Class E Beer Permit for L&M Mighty Shop, Inc. dba L&M Mighty Shop, Inc. 504 E. Burlington Street. Approving a Class C Liquor License for Senior Pablo's LTD. dba Senior Pablo's LTD., 830 -1st Avenue. Approving a Class A Liquor License for Loyal Order of Moose Lodge #1096 dba Loyal Order of Moose Lodge #1096, 2910 Muscatine Avenue. RES. 88-170, Bk. 98, p. 170, ISSUING DANCING PERMIT. Approving a 14 -Day Class B Beer Permit for Iowa City Fall Fun Festival Inc. dba Iowa City Fall Fun Festival, 2150 Rochester Avenue. Motions: Approving disbursements in the amount of $6,768,784.87 for the period of 6/1 thru 6/30/88, as recommended by the Finance Director, subject to audit. Correspondence: Hank Miguel, of the Iowa City Yacht Club, regarding requirements of Ord. 80-2989 which requires that sales of liquor or beer be 50 percent or less of total sales. Paul Dunlap expressing opposition to the designation of a portion of Maiden Lane as an alley. Iowa Department of Natural Resources advising of plans to conduct three Toxic Cleanup Day Programs and soliciting cities to host the events. The Johnson County Health Department is currently putting together a bid for a Cleanup Day in the Iowa City area and has requested a letter of support from Iowa City. Letters expressing support of the sale by the City to Preucil School of Music of a Minutes Council Activities August 9, 1988 Page 2 parcel of vacated street right-of-way to be used for parking; Mrs. Leslie C. Tyler, Helen Finken, Thomas Holmes and Holly Martin, Dan and Marcia Boyer, Gene Nugent, John P. Le Peau, Cecile and Ronald Owings, Lloyd John Luke, Nancy Conybeare, Barbara H. Yerkes, Jane and Fred Pampel, John S. Nelson, Dr. Michael and Linda Todd, Donald Macfarlane. Letters expressing opposition to the sale of property to Preucil School of Music from: Edna M. Shaller, Mrs. E.J. Schuppert, Mrs. Marian Gaffey, Mr. and Mrs. John Novotny, Kathryn Moos, Wendy Rayston, Clint Rayston, Nancy Hindes, Gertrude Englert, Irene Royston. Memo from the Traffic Engr. re lane markings on Rochester Avenue west of Elizabeth Street. Memo from the Civil Service Comm. submitting certified lists of applicants for the following positions: Civil Rights Coordinator; Firefighter/Fire Department; Senior Clerk Typist/Pollution Control Division; Account Clerk/Treasury Division; Parking Enforcement Attendant/Parking Systems Division; (PPT) Cashier/Treasury Division; Housing Inspector/Housing and Inspection Services Department; Maintenance Worker III -Night Crew/Parking Systems Division; Cashier/Parking Systems Division; (PPT) Parking Enforcement Attendant/Parking Systems Division; Maintenance Worker II-Towing/Parking Systems Division; Cashier/Treasury Division; Maintenance Worker II/Cemetery Division; Maintenance Worker II/Recreation; Maintenance Worker I/Streets Division; (PPT) Maintenance Worker I-Towing/Parking Systems Division; Maintenance Worker I/Central Business District. Applications for Use of Streets and Public Grounds - Tim Finer on behalf of the Chamber of Commerce to have the annual Bed Races on 9/16/88, approved. Mike and Mary Ann Wallace to have the Regina Fall Fun Festival Walk/Run on 9/3/88, approved. Applications for City Plaza Use Permits: Erica Kaisner and Craig Chesler to set up a table from which to distribute literature regarding environmental issues on 7/21/88, approved. Latin American Human Rights Advocacy Center to set up a table from which to distribute literature and offer crafts for donations on 7/25-31/88, approved. Susan Savva to set up a table from which to distribute literature regarding food irradiation on 7/28/88, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance to vacate a 3,778 square foot portion of Waterfront Drive right-of-way (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Strait, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance Minutes Council Activities August 9, 1988 Page 3 vacating a 3,778 square (Gay's Locker), be given vote unanimous, 7/0, all motion carried. foot portion of Waterfront Drive right-of-way second vote for passage. Affirmative roll call Councilmembers present. The Mayor declared the A public hearing was held on an ordinance to designate as an alley 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. John Rummelhart and Paul Dunlap, property owners in the area, appeared. PPD Director Schmeiser present for discussion. Council agreed to continue the public hearing to allow the property owners and staff to address questions raised and explore options prior to action. Moved by Ambrisco, seconded by Strait, to continue the public hearing to 9/6. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3388, Bk. 29, p. 30, TO REZONE A 1.808 ACRE TRACT LOCATED AT 1421 WATERFRONT DRIVE FROM CI -1 TO CC -2 (GAY'S LOCKER), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Strait, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3389, Bk. 29, p. 31, TO AMEND THE ZONING ORDINANCE TO ALLOW FOOD LOCKERS IN THE COMMUNITY COMMERCIAL (CC -2) ZONE AS A PERMITTED USE (GAY'S LOCKER), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Horowitz, that the ordinance to vacate a portion of Maiden Lane, be given second vote for passage. Council discussed possible options available if the vacation would be completed but the St. Patrick's school renovation project proposed by Mr. Chait would not proceed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that ORD. 88-3390,Bk. 29, p. pted. Affirmative roll call vote unanimous, 7/0, all Co 32, VACATE PORTIONS OF CAPITOL AND BLOOMINGTON STREETS, be passed and adopt present. The Mayor declared the ordinance adopted. Minutes Council Activities August 9, 1988 Page 4 Moved by Dickson, seconded by Courtney, to adopt RES. 88-171, Bk. 98, p. 171, APPROVING THE PRELIMINARY AND FINAL PLATS OF IMPERIAL COURT INDUSTRIAL PARK, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA, a 4.615 acre, 11 -lot industrial subdivision proposed east of South Riverside Drive, across from the Municipal Airport. Ambrisco reiterated informal discussion regarding a concern by industrial neighbors in the area regarding the difficulty of large trucks turning onto Hwy. 218 without having to cross the center line and reported that staff and the developer have assured Council that the entire configuration of the lot will be changed and the problem eliminated. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-172, Bk. 98, p. 172, APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR IOWA CITY READY MIX, INC., generally located east of South Riverside Drive and south of Sturgis Ferry Park. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-173, Bk. 98, P. 173, APPROVING THE PRELIMINARY AND FINAL PLATS OF A RESUBDIVISION OF GOVERNMENT LOT 4, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA, a 3 - lot, 3.37 acre commercial subdivision on Waterfront Drive. Horowitz noted the waiver by P&Z of a sidewalk along Waterfront Drive at this time and asked Council to consider carefully waiving the City responsibility. She stated her understanding that two things were taking place. One, that the City will be concerned about preparing a temporary sidewalk during the construction of the sludge force main, and secondly, that a sidewalk be put in after construction is completed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-174, Bk. 98, p. 174, SETTING FORTH THE REASONS FOR DENIAL OF THE REZONING REQUEST FOR PROPERTY AT 1807, 1809, 1813, 1819, 1825 and 1831 LOWER MUSCATINE ROAD. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Larson, to adopt RES. 88-175, Bk. 98, p. 175, EXTENDING THE EXPIRATION DATE FOR THE APPROVED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLANS FOR LOTS 1 AND 6, BDI SECOND ADDITION, for a period of 12 months. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to accept the recommendation of the Planning and Zoning Commission concerning a proposed County rezoning of a 1.69 acre tract approximately one mile east of Iowa City from A-1 to RS. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Minutes Council Activities August 9, 1988 Page 5 A public hearing was held on a resolution authorizing conveyance by Quit Claim Deed of a portion of vacated street right-of-way adjacent to Horace Mann School to William and Doris Preucil. PPD Director Schmeiser presented a map of the area. The following people appeared: Atty. Clemens Erdahl, rep. Doris & Bill Preucil; Dr. Donald Macfarlane, Board President, Preucil School of Music; Dr. John MacIndoe, Horace Mann PTO; Nancy Hindes, 728 Fairchild; Illene Hollbrook, 430 Brown; Chuck Hindes, 728 Fairchild; Joy Smith, 523 E. Church; Nancy Macfarlane, teacher at 1 Preucil School; Ralph Neuzil, rep. Mr. and Mrs. Bob Gaffey; Donald Dolezal, 512 Church; Mrs. Donald Dolezal, 512 Church; Tom Immerman, 412 Grandview Ct. Apts.; Gertrude Englert, 413 E. Church; Betty Maxwell, 521 Church; Cecile Owens, 2225 E. Court; Irene Royston, 511 N. Johnson; Herbert Wilson, Bd. of Directors, Preucil School. The Mayor announced that action would be taken on this request at the 8/23 Council meeting. Council recessed for ten minutes. A public hearing was held on a resolution approving and authorizing and directing the Mayor and City Clerk to execute and attest, respectively, a Chapter 28E agreement with the University of Iowa, providing for the development, use, occupancy, management, and operation of a University/City Parking and Chilled Water Facility and a Water Storage Facility, and providing for the City's conveyance to the University of certain interests in vacated portions of Bloomington and Capitol Streets, and in the Alleys in Block 100, Original Town Addition. No one appeared. Moved by Strait, seconded by Dickson, to adopt RES. 88-176, Bk. 96, P6 176, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA, PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE IONS OF BLOOMINGTON TAND HCAP TOL STREETS, ANDE UNIVERSITY OF IN THE AIN T ALLEYS IN BLOCK ERESTS IN E10 ORTORIGINAL TOWN ADDITION. Horowitz commended the City Legal staff for the work done on the agreement. Affirmative roll call vote unanimous, 7/O, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving and authorizing and directing the Mayor and City Clerk to execute and attest, respectively, three power line easements in favor of Iowa -Illinois Gas and Electrith the accessiroadmf rythell in Southconnection WastewaterwTreatmentiPlant. Noacquisition one appearelantd. Moved by Strait, seconded by Courtney, to adopt RES. 88-177, Bk. 98, P6 177, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THREE POWER LINE EASEMENTS IN FAVOR OF CITY'SAACQUISIITIONAOFANA PLANTRIACCESSPAROADALFORINTHECONNECTION WITH THE SOUTH WASTEWATER TREATiilmemberspresent. PLANT.ENT The Mayor declared the resolutiofirmative roll call vote n adopall ted. Counc Minutes Council Activities August 9, 1988 Page 6 A public hearing was held on an ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City, by repealing Article VI thereof entitled "Nuisance," and by enacting in lieu thereof a new Article VI, to be codified the same, containing new definitions, standards and procedures for the Abatement of Nuisances. No one appeared. Moved by Courtney, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Dickson, Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson. Moved by Courtney, seconded by Strait, that the ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City, by repealing Article VI thereof entitled "Nuisances," and by enacting in lieu thereof a new Article VI, to be codified the same, containing new definitions, standards and procedures for the Abatement of Nuisances, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. + Moved by Ambrisco, seconded by Dickson, to appoint Reginald Williams, 2312 Muscatine Avenue N4W, to the Housing Commission for an unexpired term ending 5/1/89. The Mayor declared the motion carried, 7/0, all Councilmembers present. Councilmember Horowitz reported that the East Central Council of Governments had supported the Council recommendation relative to the Jim Glasgow application for fill for property off of Dubuque Street. Recommendations of the Riverfront Commission noted as follows: (1) That the Gay's Locker subdivision and rezoning applications be approved. There were no riverfront-related objections to the proposed development. The Commission voiced a strong consensus that the development would upgrade the site and enhance the commercial neighborhood in which it is located. (2) That the approval of Idyllwild Development Plan as shown on the 6/10/88 plat be approved. There were no riverfront-related objections to the proposed development. (3) That the City investigate the fill situation south of Taft Speedway, determine whether any violation of the 1987 Floodplain Ordinance has occurred, and force removal of the fill if it is found to be illegal. (4) That approval of the LSNRD and subdivision applications submitted by Iowa City Ready Mix, Inc. be conditioned on 1) modifying the location of the materials handling units and the future parking lot to comply with the 30 -foot setback requirement of the River Corridor Overlay Zone, 2) providing and maintaining, not waiving, the required vegetative screening along the riverbank, and 3) indicating the location of the waste pit and providing assurance that the pit will be properly maintained to prevent overflow of cement waste into the river. (5) That, concerning the Glasgow application for fill and riprapping, the U.S. Army Corps of Engineers be formally requested to enforce the wetlands provision of Section 404, the Clean Water Act. Specifically, the Corps Minutes Council Activities August 9, 1988 Page 7 should require the property owner to remove fill from areas of the tract which had been determined by the Corps to be wetland and restore those wetlands to previous conditions. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-178, Bk. 98, p. 178, AUTHORIZING THE EXECUTION OF AN AMENDATORY AGREEMENT TO ANNUAL CONTRIBUTIONS CONTRACT NO. KC -9033E (Dated 2-2-87). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adjourn 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. I � ohn McDonald, Mayor A'e n TfNV Marfan K. Karr, City Clerk 9 Informal Council Meeting August 8, 1988 Informal Council Discussion: August 8, 1988 at 6:30 p.m. in the Council Chambers in the Civic Center. Mayor pro tem Courtney presiding. Council Present: Courtney, Horowitz, Strait, Dickson, Larson, Ambrisco. Absent: McDonald. Staff Present: Atkins, Helling, Boyle, Karr, Schmeiser, Cain, Franklin, Davidson. Tape Recording: Reel 88-41, Side 2, 568-1, Reel 88-46, Side 1, 1 -End, Side 2, End -1. Consent Calendar: Reel 88-41, Side 2 City Council agreed to add a beer permit for the Iowa City Fall Fun Festival to the consent calendar. Agenda item 3.c.7. - dancing permits. Horowitz inquired about the resolution issuing dancing permits. Karr explained the City issues dance permits by resolution, the dance permits are not itemized for Council consideration, but generally relate to approval of a liquor license on the same agenda. Planning & Zoning Matters: Reel 88-41, Side 2 a. Public hearing on an ordinance to vacate a 3.778 square foot portion of Waterfront Drive right-of-way. (V-8804). Schmeiser explained this request will allow for reconstruction of the building accommodating the slaughter house and would permit parking in the front yard. Schmeiser said a ten foot utility easement will be dedicated with the final plat of a resubdivision of Government Lot 4. (See items b., d., e. and j.) b. Ordinance to vacate a 3.778 square foot portion of Waterfront Drive right-of-way. (V-8804) (first consideration) Schmeiser said Gays have requested expedited consideration of this item. Larson asked how the City decides to sell or give away vacated land. Schmeiser said it is considered on a case-by-case basis and the area in consideration is a right-of-way established as an easement for roadway purposes. Schmeiser explained if the right-of- way is vacated, it reverts to the Gays. (See agenda items d., e. and J.) Minutes Informal Council Meeting August 8, 1988 Page 2 C. Schmeiser stated the Planning and Zoning Commission recommended Maiden Lane right-of-way be redesignated an alley provided the City commits to paving this right-of-way and providing metered parking in the area. Schmeiser said it will cost approximately $62,000 to construct that parking area and 6 out of 8 adjoining property owners have been contacted. Atkins suggested staff meet with property owners to discuss a development plan for the whole area. Boyle stated the City is not under any obligation to act within a certain time period on the vacation. Schmeiser said the initial request to vacate was withdrawn but the applicant has agreed to redesignation of the street, Council should go ahead and hold the public hearing. Atkins said he is reluctant to use the parking fund to fund streets and other options should be studied. Council directed staff to meet with property owners to discuss development of the area. Council received input from property owner John Rummelhart. d. Ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2. (second consideration) See agenda items a., b., e. and j. e. Schmeiser said that Gay's business is composed of three uses: slaughter house, meat market and locker, and this will amend the CC -2 zone to allow food lockers as a permitted use. (See agenda items a., b., d. and j.) Ordinance to vacate a portion of Maiden Lane. (second consideration) Schmeiser noted that the right-of-way remains City property if it is vacated. Schmeiser said that if B. Chait does not follow-through with plans to renovate St. Patrick's Elementary School, the City could rebid the triangular piece to include the 19 -foot Maiden Lane right-of-way. Courtney requested staff contact Benjamin Chait regarding his renovation plans. Regarding the ordinance, Boyle said the Council could table it, vote it down, or adopt the vacation ordinance and rededicate if necessary. g. Ordinance to vacate portions of Capitol and Bloomington Streets. (passed and adopted) No Council comment. �Z-Jo Minutes Informal Council Meeting August 8, 1988 Page 3 GIN Schmeiser said the purpose of the development is to relocate the ready mix plant, construct a material handling unit, and to construct a truck storage and shop building. Schmeiser said the Riverfront Commission recommended three conditions as outlined in a letter to Council. Schmeiser reported the building official has chosen to waive the requirement for vegetative screening along the south, east and north boundaries of the site. Schmeiser distributed a plat of the area to Councilmembers. In response to Strait, Schmeiser explained the building official waived the screening requirement because of the existing vegetation along the two boundaries and because of the change in grade, making it difficult to see the site from the river. Schmeiser said all of the deficiencies have been corrected. Schmeiser said staff and the Planning and Zoning Commission recommended waivers of the sidewalk requirements along Imperial Court and provisions for the circle median in the turnaround of the cul-de-sac. Ambrisco cautioned that there may be a traffic hazard from the large trucks egressing the existing curb cut. Larry Schnittjer, MMS Consultants, said the internal traffic at the site has been changed and traffic will be exiting north of the utility pole. Courtney inquired about the airport overlay ordinance. Schmeiser said the project is in the transition overlay zone of the airport but is not a problem. Horowitz asked where the cement material washout of the truck drains go. Schnittjer explained drainage from the truck drains into a washout pit. Schnittjer said the cement left in the washout material settles in the washout pit and the washout pit is cleaned out on a regular basis. Schnittjer said the cement material does not go into the sanitary sewer system. Horowitz asked if underground fuel tanks are still located on the property. Schnittjer said they probably are and new tanks may be installed. See above item h. X_:ZD Minutes Informal Council Meeting August 8, 1988 Page 4 j• k. M. Schmeiser proposed the Council approve the resubdivision of Govern- ment Lot 4 with two stipulations: 1) vacation of a 3,778 square foot portion of Waterfront Drive adjacent to the proposed subdivision, and 2) waiver of the provision of the sidewalk along Waterfront Drive. Schmeiser reported that the staff and Planning and Zoning Commission recommended waiving the sidewalk requirement along Waterfront Drive because a sludge force main has to be constructed along Waterfront Drive and no sidewalks presently exist in the area. Horowitz asked if there will be temporary sidewalk installed during construction of the sludge force main. Schmeiser said there are sidewalks proposed on the west side. Horowitz said a temporary sidewalk or rope walk is needed to protect pedestrians during construction. Atkins said he will discuss the need for sidewalk with Public Works Director Schmadeke. No Council comment. Schmeiser explained the LSNRD ordinance provides that approved preliminary plans are valid for a period of two years. Schmeiser said on May 20, 1986, the City Council approved LSNRD plans for Lots 1 and 6, BDI Second Addition; LSNRD plans have an expiration date which may be extended by the City Council for a period of 12 months upon written request of the owner; and the new expiration date on these plans will be May 20, 1989. Schmeiser said it is staff's recommendation that Council grant the extension. Schmeiser referred to a letter prepared by Barry Beagle. University of Iowa Request Regarding Licensing of Peddlers: Reel 88-46, Side 1 Karr noted Council received correspondence and information in the Council packet relating to this request. Karr introduced Dickie Van Meter, University of Iowa Licensing/Marketing Director. Van Meter appeared and Minutes Informal Council Meeting August 8, 1988 Page 5 raised concerns relating to safety and licensing. Van Meter explained merchandising operations create additional congestion along Melrose Avenue on football Saturdays and many of the merchandisers have not secured licenses. Van Meter asked Council to work with the University to address these problems. Strait asked if peddlers are illegally parked on Melrose Avenue. Larson asked what is the City's interest in regulating the peddlers. Van Meter said the City should share the University's concern relating to congestion problems and non-payment of sales tax. Courtney said the City lacks the personnel to help with enforcement. In response to Ambrisco, Van Meter said she has not contacted University Heights. Ambrisco asked that the University address the problems related to alcohol consumption at the football games. Horowitz asked if Capt. Fuhrmeister would accept delegation of authority from the City to allow the University to give permits to the peddlers. Council members discussed the vendor problems. Councilmembers received input from Dale Arns regarding vendor permits. Atkins stated the City personnel should be used to control traffic. Atkins suggested the City send a letter to Melrose residents regarding vendors remaining off the public right-of-way and on private property. Jane Meyer, University of Iowa graduate assistant, asked the City request that Melrose residents allow only licensed peddlers. Larson stated it is not the City's responsibility to enforce the licensing provision of the University of Iowa Athletic Department. Council directed staff to send a letter to Melrose Avenue residents. Proposed Downtown Development Study: Reel 88-46, Side 1 Atkins noted Council received his 8/5/88 memo regarding a proposed downtown study. Atkins asked that a market study be done by a consultant to indicate the kind of development most likely to occur and to be supported by the downtown area. Councilmembers discussed use of a consultant versus City staff. Atkins said the study would cost an estimated $10,000-520,000. Atkins said work could be done by City staff. Strait suggested using University personnel for the study. In response to Larson, Schmeiser said staff is working on the Comprehensive Plan Update and subdivision regulations. Councilmembers discussed staff work priorities as they relate to the Comp Plan Update and downtown market study. Atkins noted a downtown parking study is being done. Horowitz stated the availability of parking in the north-west and south-east quarters should also be studied. Courtney suggested the downtown market study be included in the Comp Plan Update. Atkins stated a market analysis of the downtown area needs to be done. Council received input from Suzanne Summerwill, President, Downtown Association. Summerwill said the market resource aspect of the study is essential. Summerwill asked Council to get proposals for a downtown market analysis before they negate the idea of using a consultant. In response to Courtney, Schmeiser said City staff has the capabilities to do the downtown market analysis, but has not done one. Council requested that the City Manager work with the Planning Department to get figures of approximate cost for a consultant to do the market anslysis, and to formulate a priority list of projects undertaken by the Planning Department. Z -20 Minutes Informal Council Meeting August 8, 1988 Page 6 Council Agenda/Time: Reel 88-46, Side 2 1. (Agenda item #3.e.1. - Hank Miguel - Yacht Club) Horowitz asked if there is a probationary liquor permit. Karr said the state does not allow for probationary periods for a beer and liquor permit. Boyle explained Council adopted the ordinance prohibiting bars in the second floor or basements of premises at the request of the Chief of Police because of safety concerns. Council discussed the ordinance as it relates to the Yacht Club. Boyle explained that Council could repeal the ordinance or direct a change in the 50% requirement or do nothing. Courtney asked staff to prepare recommendations. 2. Atkins announced that Councilmembers have been invited to attend the Chamber of Commerce new teacher luncheon on August 23, 1988. 3. Boyle noted Council received revised copies of the University 28E Agreement. 4. Boyle stated that Iowa City has been served a lawsuit by Dr. Skaugstad. The lawsuit, a quiet title action, involves land north of Park Road between Hutchinson Avenue and Magowan Avenue. Boyle said Dr. Skaugstad has agreed to give Iowa City an easement for a future sewer if the City will exceed in the lawsuit. A000intments: Reel 88-46, Side 2 Housing Commission: Reginald Williams. Meeting adjourned at 8:25 p.m. r-ao