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HomeMy WebLinkAbout1988-08-23 Council minutesInformal 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. I i Council Present: Courtney, Horowitz, Strait, Dickson, Larson, Ambrisco. Absent: McDonald. Staff Present: Atkins, Helling, Boyle, Karr, Schmeiser, Cain, Franklin, Davidson. i Tpe 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 cermits onsider tit on, but generally relate the dance torapproval of a liquor eliense onthesame agenda. PlanningPLanning & Zonigg Matters: Reel 88-41, Side 2 a. Public hearing on an ordinance rn u.,�+. , , b. 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.) Schmeiser said Gays have requested expedited consideration of this askeditem. Larson whidecides to land. Schmeiser saiditisconsiderl ed on acase-bycasel or give abasisaand 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 Schmeiser said the initial request to vacate was withdrawn but the applicant has agreed to redesignation of the street, Council should go ahead and hold the public hearing.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 -I 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. Ordinance to vacate portions of Capitol and Bloomington Streets. (passed and adopted) No Council comment. Minutes Informal Council Meeting August 8, 1988 Page 3 h. 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. Minutes Informal Council Meeting August 8, 1988 Page 4 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 thereare 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 $10,000420,000. 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. 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. Appointments: Reel 88-46, Side 2 Housing Commission: Reginald Williams. Meeting adjourned at 8:25 p.m. OFFICIAL MKIL ACTICNS - 8/9/88 The cost of publishing the following Proceedings & claims is f O nlative cost for this calendar year for said publication is S Iom City Council, reg. mtg., 09, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilnenbers present: Nbisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. The Mayor proclairted August 19, 1963, as FAM AW PARKING EMPLOYEES APPRECIATION DAY, and LNITED STATES CCNSTITUTICN RATIFICATION YEAR - 1988. Moved and seconded that the following iters ad recmuerdations in the Consent Calendar be received, or approved, wWor adopted as anended: Approval of Official Council Actions of the regular meeting of 7/26/88, as published, subject to correction, as recamerded by the City Clerk. Minutes of Boards and Carmissions: Sr. Center Cam. - 6/20; Airport Cam. - 6/21; H#mar Rights Comm. - 4/25; Police and Fire Retirerent System Bd. joint meeting - 6/28; Riverfront Cann. - 7/6, 7/13. Permit Motions and Resolutions: Class C Liquor License for George's Buffet, 312 Market Street. Class C Liquor License for Billy's, 819-1st Ave. Class C Liquor License for Carlos O'Kelley's Mexican Cafe, 1411 S. Waterfront. Class E Beer Permit for UM Mighty Shop, Inc., 504 E. Burlington Street. Class C Liquor License for Senior Pablo's LTD., 830-1st Avenue. Class A Liquor License far loyal arder of Moose Lodge #1096, 2910 Muscatine Avenue. RES. 88-170, ISSUING DANCING PEiMIT. 14-Day Class B Beer Permit for Iowa City Fall Fun Festival, 2150 Rochester Avenue. Motions: Approving disburserents in the anmt of $6,768,784.87 for the period of 6/1 thru 6/30, as recannended by the Finance Director, subject to audit. Correspondence: Hank Miguel, of the Iowa City Yacht Club, regarding requirererts of Ord. 80-2989 vhich 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. Iona Departaent of Natural Resources advising of plans to conduct three Toxic Cleanup Day Prograns and soliciting cities to host the events. The Johnson Canty Health Department is currently putting together a bid for a Cleanup Day in the Iaa City arm and has requested a letter of support fran Iowa City. Letters expressing support of the sale by the City to Preucil School of Music of a parcel of Minutes Cantil Activities August 9, 1988 Page 2 vacated street right-of-way to be used for parking; Ms. 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 apposition to the sale of property to Prewil School of Music frcrn: Edna M. Shaller, Ms. E.J. ScMippert, Ms. Marian Gaffey, M'. and Ms. John Novotny, Kathryn Moos, W66j k(stan, Clint Rayston, Nancy Hindes, Gertrude Englert, Irene Royston. Mara frau the Traffic Engr. re lane markings on Rochester Avenue west of Elizabeth Street. Marro from the Civil Service Comm. sutrmttirg certified lists of applicants for the following positions: Civil Rights Coordinator; Firefighter/Fire Department; Senior Cleric Typist/Pollution Control Division; Account Clerk/Treasury Division; Parking Enforcement Attendant/Patting Systems Division; (PPT) Cashier/Treasury Division; Housing Inspector/Housing and Inspection Services Department; Maintenance Worker III -Night Crew/Parking System Division; Cashier/Parking System Division; (PPT) Parking Enforcement Attendant/Parting Systems Division; Mainterm Worker II-Taring/Parking System Division; Cashier/Treasury Division; Maintenance Worker II/Cemetery Division; Maintenance Worker If/Recreation; Maintenance Worker I/Streets Division; (PPT) Maintenance Worker I- Towirg/Parking Systems Division; Maintenance Worker I/Central Business District. Applications for Use of Strwts and Public Grounds - Tim Finer on behalf of the Chamber of Commerce to have the annual Bed Races on 9/16, ace to have approved.Mike Fall Fn and Fes ival WaIVRun on 9/3, approved. Applications for City Plaza Use Permits: Erica Kaisner and Craig Chesler to set up a table from xhich to distribute literature regarding envirnnrental issues on 7/21, approved. Latin American Human Rights AdVocxy Center to set up a table from which to distribute literature and offer crafts for donations on 7/25-31, approved. Susan Sawa to set up a table from vhich to distribute literature regarding food irradiation on 7/28, approved. Minutes Council Activities August 9, 1988 Page 3 The Mayor declared the motion carried. A Public hearing was held an an ordinance to vacate a 3,778 square foot portion of Waterfront Drive right-of-wdy (Gay's Locker). Moved and seconded 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. Moved and i seconded that the ordinance vacating a 3,778 square foot Portion of Waterfront Drive right4 y (Gay's Locker), be given second vote for passage. The Mayor declared the motion carried. public vas held on an ordinance to designate asan 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 Rumelhart and Paul Dunlap, Property uaners in the area, appeared. Moved and seconded to continue the public hearing to 9/6. The Mayor declared the notion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final et Whichsage it is to be finally passed be or to su neeting peded, the second consideration and vote be mived and that ORD. 88-3386, TO REZONE A 1.808 ACRE TRACT LOCATED AT 1421 WATERFRCrN DRIVE FROM CI -1 TO CC -2 (GAY'S LOOS), be voted on for final pacsaga at this tine. i The Mayor declared the nation carried. Moved and seconded that the ordinance be finally adopted at this tine. Moved and seceded that the rule requiring ordinances to be considered and voted on for final passage at two Council neetings 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, TO AMEND THE ZONING WINWE 10 PLlC1J FOM LOCKERS IN THE COMANITY m"XLIY. (CC -2) ZDE AS A PERMITTED USE (GAY'S LOCKER), be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this tim. Moved and seconded that the ordinance to vacate a Portion of Maiden Lane, be given second vote for Passage. The Mayor declared the notion carried. Moved and seconded that W. 88-3390, VACATE PORTIONS OF CAPITOL AND BLOOMINGTON STREETS, be passed and adopted. Minutes Council Activities August 9, 1986 Page 4 Moura and seconded to adopt RES. 88-171, ARMING THE pRELIMIM PPD FINAL PLATS OF ppgupL MET INDUSTRIAL PAH(, A gaIVISICN OF Im CITY, Jam COIMY, ICW4. Moved and seconded to adopt RES. 88-172, APPPOiIING TIE PRELIMRWRY LARGE SCALE NON- RESIDENTIAL DEVELOR4M (LSND) PLAN FDR IM CITY READY MIX, INC. Moved and seconded to adopt RES. 88-173, APPH7VING THE pRELIMIM AND FINA. PLATS OF A RE%MIVISICN OF GCVQUM LOT 4, A SMIVISICN OF ICDA CITY, MW mm, IOWA. Moved and seconded to adopt RES. 88-174, SETTING FORTH TRE REAM FOR DENIAL CF TIE REANIN3 REQl1EST FOR PROPERTY AT 1807, 1809, 1813, 1819, 1ffi5 and 1831 LOWER M15CATINE HYD. Moved and seconded to adopt RES. 88-175, EXTEMDIMG TIE ERPIRATIW DATE FOR THE APPROVED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEOTIfflENT (LM) PLANS FCR LOTS 1 AN) 6, EDI ON ATDITIDi. Moved and seconded to accept the reomudatien of the Planning and Zoning Commission concerning a proposed Canty rezoning of a 1.69 acre tract approximately one mile east of Ioa City fron A-1 to RS. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing conveyance by Quit Claim Deed of a portion of vacated street right-of-wdy adjacent to Horace Mann School to William and Doris Preucil. PPD Director Sclmeiser presented a map of the area. The following people appeared: Atty. Clemens Erdahl, rep. Doris 8 Bill Preucil; Dr. Donald Macfarlane, Board President, Preucil School of Music; Dr. John Maclndoe, Horace Mom PTD; Nancy Hindes, 728 Fairchild; Illene Rbllbrook, 430 Bran; Chuck Hindes, 728 Fairchild; Joy Smith, 523 E. Clorch; Nancy Macfarlane, teacher at Preucil School; Ralph Wail, rep. Mr. and Mrs. Bob Gaffey; Donald DDlezal, 512 Church; Ms. Donald Dolezal, 512 Church; Tom Imnerman, 412 Grandview Ct. Apts.; Gertrude Ehglert, 413 E. Church; Betty Maxwell, 521 Church; Cecile Ovens, 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. A public hearing was held on a resolution approving and authorizing and directing the Mayor and City Clerk to execute and attest, rep t Iaua, a Chapter 2BE agreement providing for ati t,ucuit management, doperatn ofa Universit%y Minutes Council Activities August 9, 1988 Page 5 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 andtol Streets, and in the Alleys in Block 100, Original Tan Addition. Moved and seconded to adopt RES. 8B-176, APPROVING AND AUTHORIZING APD DIRECTING THE MAYOR NO CITY CLERK TO EXECUTE APD ATTEST, RESPECTIVELY, A CHAPTER 28E AGREEMEM WITH THE HNRmITY OF I%k PROVIDING FOR THE DEVEU RIENNT, USE, OCGIPANCy, 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 IN130TS IN VACATED PORTIONS OF BLOOMINGTON APD CAPITOL SHEETS, AHD IN THE ALLEYS IN BLOCK 100, ORIGINAL. TOWN ADDITION. A public bearing was held on a resolution approving and autlarizing and directing the Mayor and City Clerk to execute and attest, respectively, three power line easements in favor of Ioe-Illinois Gas aid Electric Company, all in connection with the City's acquisition of a plant access road for the South Wastewater Treatment Plant. Moved and seconded to adopt RES. 88-177, APPROVING AND AUDORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, ME POWER LINE EASEMENTS IN FAVOR OF ID A-ILLMIIS GAS AND ELECTRIC CUPANY, ALL IN CONATION WITH THE CITY'S ACQUISITION OF A RANT ACCESS ROAD FOR THE SCUM WASTEWATER TPFATNEITT "ff. A public hearing was held on an ordinance aerding Chapter 24 of the Cap 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 Abaterent of Nuisances. Moved and seconded that the rile 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 aid the second consideration be given at this tine. The Mayor declared the nation carried. Moved and seconded that the ordinance wending 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 rew Article VI, to be codified the sae, containing new definitions, standards and procedures for the Abaterent of Minutes Council Activities August 9, 1986 Page 6 Nuisances, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded to appoint Reginald Williams, 2312 Muscatine avenue AW, to the Housing Carmission for an unexpired term ending EOM. The Mayor declared the motion carried. Comcilmarber Horowitz reported that the East Central Council of GoverTmts had supported the Council recamendation relative to the Jim Glasgow application for fill for property off of Dubuque Street. Recamerdations 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 Camnission voiced a strong consensus that the development would upgrade the site and enhance the camercial neighborirood in which it is located. (2) That the approval of Idyllwild Development Plan as shah 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 Ias 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 Zane, 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 cment waste into the river. (5) That, concerning the Glasgow application for fill and riprappirg, the U.S. Mod Corps of Engineers be formrelly requested to enforce the wetlands praision of Section 404, the Clean Water Act. Specifically, the Corps should require the property owner to remove fill from areas of the tract which had been determined by the Corps to be wetlard and restore those wetlands to previous conditions. Moved and seconded to adopt RES. 88-178, AUIFgRIZING THE EXECUTICN OF AN N OTCRt MEW TO NV AL CUMINdTICNS CONTRACT N0. KC-9M3E (Dated 2-2-87). Moved and seconded to adjourn 10:30 p.m. The Mayor declared the motion carried. Minutes Council Activities August 9, 1988 Page 7 Mwed and seconded to adjourn 10:30 p.m. The Mayor declared the notion carried. For a more detailed 6 complete description of Council Activities 8 Disbursements, see office of � n City Cleric and Finance Department. s/Join McDonald, MayoG;� s/Marian K. Karr, City Clerk &totted for publication - 8/18/88 I i I i 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 8 2, I -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 LBM Mighty Shop, Inc. dba LBM 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. 32, VACATE PORTIONS OF CAPITOL AND BLOOMINGTON STREETS, be passed and adopted. Affirmative roll call vote unanimous, 7/O, all Councilmembers 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. RGE SCALENON-RESIDENTIALENTIAL DEVELOPMENT (LSNRD) ING THE EXPIRATION DATE FOR TAPPROVEDHE PLANS FORELTSIMANDR LA 6, CALEON-RESBDI 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 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. 98, TO EXECUTEAND APPROVING NATTESTDIRECTING TC CLERK , RESPECTIVELY, ACHAPTER 28E AGREEMENTWITH 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. Horowitz commended the City Legal staff for the work done on the agreement. Affirmative roll call vote unanimous, 7/0, 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 Electric Company, all in connection with the City's acquisition of a plant access road for the South Wastewater Treatment Plant. No one appeared. Moved by Strait, seconded by Courtney, to adopt RES. 88-177, Bk. 98, p. 177, 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 ELECTRIC COMPANY, ALL IN CONNECTION WITH THE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH WASTEWATER TREATMENT PLANT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. 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 A4W, 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 TheCommission rivoi edn a rstrong oconsensus thathetheoedevelopment pwould 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. That, concerning the ballfill and pptthe U.S.ArmCorpsofngineers e forow mally requestedtoenforcethewelands 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 Mayor declared Athe smotion ccarriedyunanimous'ly o 7/0, all Counadourn 10:30 cilmembers present. John McDonald, Mayor Marian K. Karr, City Clerk 9 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES August 23, 1988 Iowa City Council, reg. mtg., 8/23/88, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald. Absent: Strait. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmeiser. Council minutes tape recorded on Tape 88-48, Side 1, 535 -End, and Side 2, End -1. The Mayor proclaimed September 1988 as REHABILITATION MONTH and September 3, 1988, as DRIVE FOR LIFE DAY. The Mayor presented Certificates of Appreciation to participants of the PAL Summer Program (Pursuing Adventures in Learning) of Youth Homes, Inc. This program consisted of helping keep City Plaza clean. Recipients were: Matthew Wadle, Michael Baines, Scot Stockman, Shannon Swenson, Kelly Simmons, Noah Tompkins, Matt Buswell, Brian Busa, Tiffanie O'Neill, Allen Mayfield, and Nick Tang. The Mayor noted staff supervision provided by Pat McElroy, Jennifer Fedor and Maureen Howe. The Mayor noted this would be last Council meeting for Councilmember Kate Dickson and presented her with a plaque of appreciation for her six and one-half years of service to the Council and the community. 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 8/9/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Mayor's Youth Employment Bd.-7/20/88; Bd. of Library Trustees -7/28/88; P&R Comm. -7/13/88; P&Z Comm. -6/13/88; Bd. of Adjustment -7/13/88; Broadband Telecomm. Comm. - 7/20/88; Civil Service Comm. -6/20, 21, 22, 23, 25 and 7/25/88; CCN - 7/19/88; Design Review Comm. -8/4/88. Permit Motions and Resolutions: Approving a Class C Liquor License for Cardan, Inc. dba Joe's Place, 115 Iowa Ave. Approving Class E Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co-op, 22 S. Van Buren. Approving Class C Beer Permit for Doc's Standard Inc. dba Doc's Standard Inc., 801 S. Riverside Drive. Approving Class C Beer Permit for Dubuque St. Deli dba Fries, 5 S. Dubuque St. Approving an Outdoor Service Area application for Bushnell's Turtle, Inc. dba Bushnell's Turtle, 127 E. College St. Approving Class B Liquor License for Highlander, Inc. dba The Highlander Inn & Supper Club, 2525 N. Dodge St. Approving Class C Wine Permit for Lorenz Cheese House, Inc. dba Lorenz Cheese House, Inc., 1616 Sycamore Mall, Approving Class C Liquor License for Iowa City Micky's LTD dba Micky's, 11 S. Dubuque St. Approving Class C Beer Permit for Bernsten, Bernsten, Sayre dba Duds IN Suds, 5 Sturgis Dr. Approving Class C Liquor License for Plamor Bowling, Inc. dba Plamor Bowling, Inc., 1555 -1st Ave. Approving Special Class C Beer/Wine Permit for Bushnell's Turtle, Inc. dba Bushnell's Turtle, 127 E. College St. Approving Class C Liquor License for Linda R. Minutes Council Activities August 23, 1988 Page 2 Fellers dba My Sister's Place, 928 Maiden Lane. Approving Class B Liquor License for Pineapple Management Company dba Holiday Inn -Iowa City, 210 S. Dubuque St. Approving Class C Beer Permit for RSNV, Inc. dba Russ' Amoco Service, 305 N. Gilbert St. RES. 88-179, Bk. 98, p. 179, ISSUING DANCING PERMIT. Motions: Approving disbursements in the amount of $6,414,210.16 for the period of 7/1 through 7/31, as recommended by the Finance Dir., subject to audit. Applications for City Plaza Use Permits: Iowa Socialist Party to set up a table to distribute literature and offer buttons for donations, 8/12/88, approved. Latin American Human Rights Advocacy i Center to set up a table to distribute literature and offer crafts for donations, 8/21/88, approved. iAffirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that ORD. 88-3391, Bk. 29, p. 33, TO VACATE A PORTION OF WATERFRONT DRIVE, a 3,778 square foot right-of- way, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the ordinance adopted. Moved by Dickson, seconded by Larson, to defer consideration of an ordinance to vacate a portion of Maiden Lane. The Mayor declared the motion carried unanimously, 6/0, Strait absent. Jim Spratt, 2119 Davis, appeared noting improvements currently being done to the Taylor Drive/Hwy. 6 intersection and questioned the escrow money that had been set aside for improvements three years ago, and whether a deceleration lane would be done. The City Manager reported that $7,000 contract had been let for work on the median and no turning lanes were being planned. Council requested IDOT's recommendation on the intersection and turning lanes be sent to them. The Mayor announced two vacancies for three-year terms ending 12/1/91 on the Riverfront Commission. These appointments will be made at the 10/4 meeting of the City Council. Moved by Ambrisco, seconded by Courtney, to appoint George Starr, 730 Brown Street, to the Committee on Community Needs to fill an unexpired term ending 3/1/89. The Mayor declared the motion carried unanimously, 6/0, Strait absent. Councilmember Courtney commented on the professional and competent manner in which the Police Department handled the stabbing incident in the City Plaza last week. Dickson questioned the safety of the overhead railroad crossing at Capitol Street off of Benton, and requested staff explore the possibility of a traffic signal at Clinton and Market Streets. Larson noted that Councilmember Dickson was a symbol of class, dignity and thoughtful judgement and would be missed on the Council. Ambrisco reported on complaints received re the outages of Heritage Cablevision in the community on numerous occasions. The Asst. City Manager stated the Minutes Council Activities August 23, 1988 Page 3 equipment is sensitive to extremes in weather and that the heat did present problems. Staff will check further. The City Manager stated the final report had been received re the Benton Street Bridge Project and that the bridge could not be rehabilitated. Even though there was no immediate danger, the City would move quickly to have signs posted restricting heavy loads. The studies and reports have been forwarded to the State Historical Dept. and the Federal Highway Administration and the City intends to act quickly to get the project moving. The Mayor announced that the at -large vacancy caused by Kate Dickson's resignation would be filled by Council appointment at their meeting on 9/6. Recommendations from the Committee on Community Needs noted as follows: (1) That Phyllis Kilpatrick, Asst. Rehabilitation Officer, be placed in a temporary full-time position to increase the staff needed for the Housing Rehabilitation Program; (2) That the City Council approve CDBG funding in the amount of $5,000 to set up training and education opportunities for Women/Minority Business Enterprises (W/MBE). Moved by Dickson, seconded by Larson, to adopt RES. 88-180, Bk. 98, p. 180, AUTHORIZING AND DIRECTING THE FILING OF APPLICATIONS ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATIONS. Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to adopt RES. 88-181, Bk. 98, p. 181, AUTHORIZING EXECUTION OF A LETTER -AMENDMENT TO AGREEMENT NO. EXG- 87-12 WITH THE IOWA DEPARTMENT OF TRANSPORTATION EXTENDING THE COMPLETION DATE FOR THE HIGHWAY 6 SIGNALIZATION IMPROVEMENT PROJECT TO 10/31/88. Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-182, Bk. 98, p. 182, AMENDING BUDGETED POSITIONS IN THE TREASURY, ACCOUNTING AND DATA PROCESSING DIVISIONS OF THE FINANCE DEPARTMENT AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLANS. Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-183, Bk. 98, p. 183, 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. Individual Councilmembers expressed their views for supporting the request. Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, that ORD. 88-3392, Bk. 29, p. 34, 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 I Minutes Council Activities August 23, 1988 Page 4 DEFINITIONS, STANDARDS AND PROCEDURES FOR THE ABATEMENT OF NUISANCES, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the ordinance adopted. Moved by Larson, seconded by Dickson, to adjourn 8:35 P.M. The Mayor declared the motion carried unanimo sly, 6/0, Strait absent. J MCDONALD, MAYOR _Zqd,A�) 71! 74,,,J MARIAN K. KARR, CITY CLERK I Informal Council Discussion August 22, 1988 Informal Council Discussion: August 22, 1988, at 6:30 p.m. in the Council Chambers in the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Courtney, Horowitz, Larson, Ambrisco. Absent: Dickson, Strait. Staff Present: Atkins, Helling, Timmins, Karr, Schmeiser, Vitosh. Tape Recording: Reel 88-49, Side 1, 1 -End, Side 2, 1 -End. Planning and Zoning Matters: Reel 88-49, Side 1 A. Ordinance to vacate a 3.778 souare foot portion of Waterfront Drive right-of-way. Schmeiser stated Gay's request of Council consideration of an ordinance to vacate a portion of Waterfront Drive right-of-way is to allow for parking in the front yard. B. Ordinance to vacate a portion of Maiden Lane. Schmeiser noted area property owners south of Ralston Creek have raised concerns regarding the need to access property north of Ralston Creek. Schmeiser outlined four alternatives for Council consideration on this item: 1. Vacate right-of-way with assurance than land will not be sold without the establishment of a pedestrian easement - accessway and footbridge construction easement across the right-of-way; 2. Vacate right-of-way and re-establish a roadway easement across the right-of-way at such time the land is disposed of; 3. Defer action on the request until it is made clear by Mr. Chait what his plans are for improvement of the triangular piece in conjunction with the St. Patrick's building conversion; and 4. Action to deny. McDonald asked if the vacation of the property is contingent upon the proposed St. Patrick's building conversion project. Schmeiser said no, this is a separate request to vacate the right-of-way; the Council could sell the 19 -foot strip of right-of-way with the triangular piece of property to someone else if the conversion project fell through. The sale of the triangular piece, however, is contingent upon the improvement of St. Patrick's building. Larson asked if Council action on this item could be delayed until the Maiden Lane area development study has been prepared. Schmeiser said Council could delay it unless action is needed for Benjamin Chait's development of the triangular piece of property and the St. Pat's building. Schmeiser reminded Council that the sale of the trian- gular piece of property to Benjamin Chait is contingent upon Chait's 9 development of St. Pat's building. Larson stated this area should be considered concurrently with the Maiden Lane area. McDonald asked Chait for comments regarding the proposed redevelopment of St. Pat's building. Benjamin Chait stated plans are still being worked on and delaying action on the vacation of right-of-way will not impact on his plans for the St. Pat's building. Horowitz raised concerns regarding receiving input from property owners in the area, including property owners located south of Ralston Creek. Larson said he received comments from an attorney representing six property owners in the area. McDonald inquired about the Maiden Lane area development study. Atkins said a meeting of Maiden Lane property owners is scheduled for Friday, at 10:00 a.m. Atkins said that following discussion with property owners in the area, the matter will be brought up for informal discussion and the Council may wish to indicate to staff if there is interest in considering the two areas concurrently. Larson said there may be interest in having a public-private partnership to redevelop the area. Council agreed to defer action on the ordinance to vacate a portion of Maiden Lane. Council received input from Chuck Johnston. Johnston requested that the area, north and south of Ralston Creek be considered as a whole. Johnston said vacation of Maiden Lane will have a financial impact on the value of properties located south of Ralston Creek and requested that all property owners located on Maiden Lane be notified of any changes. Johnston requested that a neighborhood meeting be held for all property owners in the area. Atkins stated south Maiden Lane property owners were not invited to Friday's meeting involving north Maiden Lane property owners but would be welcome to attend. Outdoor Service Area: Reel 88-49, Side 1 Karr noted Council members received her August 10, 1988 memo regarding special event permit. Karr asked for Council direction regarding establishing a special event permit or clarification of the present ordinance to allow exceptions to the permanent outdoor service regula- tions. Karr explained that the current outdoor service area/beer garden provisions allow for permit structures only - no temporary use. Karr said provisions could be established for temporary beer gardens or allow exemptions to the permanent structure requirement for those that obtain a special 14 -day permit. In response to Larson, Karr said if someone does not have liquor license, they may apply for a 14 -day permit and an existing liquor establishment could apply for and receive a 14 -day permit. Larson asked if the proposed special event permit relates to Season's Best request. Karr said additional language could be added to an ordinance to include Season's Best request. Karr said she obtained an ordinance frow Waterloo that allows for permanent beer gardens, temporary beer gardens, permanent outdoor cafes and temporary outdoor cafes. In response to Ambrisco, Karr explained City Plaza permits were totally distinct from the City's outdoor service regulations. McDonald said three years ago the City established provisions allowing outdoor service areas on the Plaza but they are handled separately as Plaza Cafes. Karr said approximately seven to nine outdoor service areas currently exist. Horowitz asked what input has been received from the Downtown Association. Ambrisco stated that he receives many phone calls opposing outdoor service areas. Karr noted that an outdoor service area must be on private property, except within the Plaza as Plaza cafes. Horowitz noted that three types of areas: the Plaza, public sidewalks, and privately owned land, need to be considered. Karr suggested that Council could amend the provisions that allow for permanent outdoor service areas to exclude 14 - day permit holders from doing a permanent structure or additional regula- tions could be drafted to allow for a temporary outdoor structure. Timmins said permanent outdoor service area regulations have comprehensive regulations and could be amended. Regarding Maxie's request, Ambrisco inquired about access control. Karr stated there is one limited access in and three or four emergency exits out; Maxie's request was reviewed by the Fire Department, Police Department, and Housing Department; and fencing will be used to limit the access. Karr said each facility requesting a temporary outdoor service area would need controlled access. Larson requested staff to prepare language amending the permanent outdoor service area regulations and establish regulations to allow temporary outdoor structures. Council agreed to Karr's recommendation to grant Maxie's permission for a two day event as outlined in her August 10 memo. Regarding Season's Best. Council discussed Season's Best request for an outdoor service area. Timmins stated he had prepared a memo with recommendations and he would redistribute. Karr stated information could be combined with outdoor service area recommendations. Regarding Yacht Club Request. Atkins stated he and Assistant City Attorney Boyle have drafted memos regarding this issue. Atkins summarized information from the memo prepared Assistant City Attorney Boyle relating to the 50% food service requirement. Referring to that memo Atkins said Council has four choices with respect to the 50% food service requirement: 1) do nothing, 2) repeal provisions of Section 5-26 limiting establishments to ground floor, 3) adopting resolutions by administrative rule which would reduce the 50% requirement, and 4) amend the code to define the restaurant as an establishment having at least W percentage in non-alcoholic goods. Timmins said it is advisable to define restaurant in the Code. Timmins said the policy issue is how should restaurants be defined for purposes of this exception. Atkins stated issues raised in his memo relate to the intent of Council with respect to issuance of liquor licenses. Atkins said many cities use some type of food service requirement as a component to issuance of liquor license. Atkins raised concerns about the enforce- ability of the 50% requirement and said one option would be for the City to require the holder of a liquor license to have food service availabi- lity. r al Atkins said it is easier for law enforcement and public safety if liquor establishments are located on the ground floor. Atkins said an issue is enforcement of the City's licensing authority power. Larson addressed the fairness/unfairness relating to the four bars, Sports Column, Fieldhouse, College Street Club, and Mama's that get police calls, versus the Yacht Club, with no police calls. Larson stated the City's licensing authority should be exercised more vigorously. Horowitz said any bar should have the facility to serve food. Horowitz said food percent as currently applied should be changed. Ambrisco asked if a food service requirement as a component of the liquor license could be enforced. Timmins said Iowa law would not permit such a requirement. Timmins said the 50% requirement originated as an administrative definition of a restaurant from the State Code. Courtney stated he will not support allowing bars in basements. Council discussed the bar/restaurant requirements for establishments not located on the ground floor. Council directed staff to draft provisions redefining restaurants. Appointments: Reel 88-49, Side 2 CCN - George Starr Council Time: Reel 88-49, Side 2 1. Horowitz referred to Planning and Zoning Commission minutes and asked where Terracon is located. Atkins said Terracon is a company that does soil borings. Timmins stated Iowa City has not completed negotiations with the University of Iowa for installation of a transmission line; that University of Iowa had proposed an agreement to cover the transmis- sion line only; and Iowa City had proposed an agreement to cover all of the utilities. Timmins stated Iowa City had submitted in March 1987 a comprehensive agreement for all utilities and the University of Iowa responded with a license agreement covering only a power line. Council directed staff to negotiate a comprehensive agreement for all utilities with the University of Iowa. Meeting adjourned at 7:50 PM. T -al