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HomeMy WebLinkAbout1989-09-06 Council minutesInformal 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 square 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 I 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 from 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. j 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 "X" 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. 4 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. 2. 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. OFFICIAL ODI CIL ACTIONS - 8/23/86 The cost of publishing the following proceed- ings and claims is $ . Curulative cost for this calendar year for said publication is S Iowa City Council, reg. mtg., 8/23/88, 7:30 P.M. at the Civic Center. Mayor Mdknald presiding. Councilmarbers present: Arbrisco, Can-tney, Dickson, Horowitz, Larson, McDonald. Absent: Strait. The Mayor proclained Septedrer 1988 as REHABILITATION MNTH and Septerber 3, 199% as OLIVE FOR LIFE DAY. The Mayor presented Certificates of Appreciation to participants of the PAL Sumer Program (Pursuing Adventures in Learning) of Youth Hares, Inc. This program consisted of helping keep City Plaza clean. Recipients were: Matthew Wadle, Midnael Baines, Scot Stockren, Sharron &&son, Kelly Simms, Noah Tompkins, Hatt Bushell, Brian Busa, Tiffanie O'Neill, Aller Mayfield, and Nick Tang. The Mayor rated staff supervision provided by Pat McElroy, Jennifer Fedor and Maureen Howe. The Mayor noted this mould be last Council meeting for Concilmarber Kate Dickson and presented her with a plaque of appreciation for her six and one-half years of service to the Council and the camnnity. Moved aid seconded that the following items and recarmendations in the Consent Calendar be received, or approved, arWor adopted as presented: Approval of Official Council Actions of the regular meeting of 8/9/88, as published, subject to correction, as reconmended by the City Clerk. Minutes of Boards and Commissions: Mayor's Youth Employment Bd.-7/20; Bd. of Library Trustees-7/28; PSR Cmm.-7/13; PSZ Comm.-6/13; Bd. of Adjustment-7/13; Broadband Telecom. Corm.-7/20; Civil Service Cmm.- 6/20, 21, 22, 23, 25 and 7/25; 034-7/19; Design Review Comm.-8/4. Permit Motions and Resolutions: Class C Liquor License for Joe's Place, 115 Ias Ave. Class E Beer Permit for New Pioneer Co-op, 22 S. Van Dim. Class C Beer Permit for Doc's Standard Inc., 801 S. Riverside Drive. Class C Beer Pemit for Fries, 5 S. Oubugre St. Outdoor Service Area application for Bdnell's Turtle, 127 E. College St. Class B Liquor License for The Highlander Inn 8 Supper Club, 2525 N. Dake St. Class C Wine Permit for Lorenz Cheese House, Inc., 1616 Sycanore Mall. Class C Liquor License for MiclW's, 11 S. Dubuque St. Class C Beer Permit for Duds 'N Suds, 5 Sturgis Dr. Class C Lignr Liam far Official Actions August 23, 198B Page 2 r_ Plamr Bowling, Inc., 1555 -1st Ave. Special Class C Beer/Wine Permit for Bushell's Turtle, 127 E. College St. Class C Liquor License for W Sister's Place, 928 Maiden Lane. Class B Liquor License for Holiday Im-lawa City, 210 S. Dibxpe St. Class C Beer Permit for Russ' kuoco Service, 305 N. Gilbert St. FES. M-179, ISSUING DANCING PENT. Motions: Approving disbursements in the amount of $6,414,210.16 for the period of 7/1 through 7/31, as reconnrsded by the Finance Dir., subject to audit. Applications for City Plaza Use Nrmits: Ione Socialist Party to set up a table to distribute literature and offer buttons for donations, 8/12, approved. Latin American Huron Rights Advocacy Center to set up a table to distribute literature and offer crafts for donations, 8/21, approved. The Mayor declared the notion carried. Moved and seconded that OFD. 86.3191, 10 WfE A PORTICN OF VW1i11FPlNi DRIVE, be passed and adopted. Moved and seceded to defer consideration of an ordinance to vacate a portion of Maiden Lane. The Mayor declared the notion carried. rating Jim Spratt, 2119 Davis, appeared improve mots currently being done to the Taylor Drive/ft. 6 intersection and questioned the escrow money that had been set aside for iap pone is Um 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 mated IODT's recamedation on the intersection and tuning lanes be sent to than. The Mayor announced two vacancies for three- year 91 on the Riverfront cotnmission. These appoinimrms ending /ents will be node at the 10/4 meeting of the City Council. Mond and secaded to appoint George Star, 733 Brown Street, to the Carmittee on Cunwity heck to fill an unexpired term ending 3/1/89. The Mayor declared the motion carried. Councilmonber Courtney commented on the professional fkparbrent hard ed the stabbing incident, tent mamr in which tin the City Plaza last week. Dickson questioned the safety of the overhead railroad crossing at Capitol Street off of Benton, and requested staff oplore the possibility of a traffic signal at Clinton and Mariut Streets. Larsen noted that Corncilmarber Dickson tWotfuljudgemnt nand owouldl to missed the Official Actions August 23, 1988 Page 3 Council. Aibrisco reported on complaints received re the outages of Heritage Cablevision in the commwity, on nunerous occasions. 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 rot be rthabilitated. Even though there was no imrediate danger, the City would nove quickly to have signs posted restricting heavy loads. The studies and reports have been forwarded to the State Historical Dept. and the Federal Hicjrgy Adndnistration and the City intends to act quickly to get the project moving. The Mkmr announced that the at -large vacancy caused by Kate Dickson's resignation would be filled by Council appointment at their meeting on 9/6. Reconmendations fran the Committee on Cmmnity Needs noted as follows: (1) That Phyllis Kilpatrick, Asst. Rehabilitation Officer, be placed in a tonporary full -tine position to increase the staff needed for the Housing Rehabilitation Proven; (2) That the City Council approve CDBG finding in the amount of SS,000 to set rqr training and education opportunities for WanerMinority Business Enterprises (94%). Moved and seconded to adopt RES. 8B -18D, Al1WIZING AND DIRECTING TIE FILING OF PAiICATIONS ON BEHALF OF THE CITY OF IOWA CITY MTM THE DEPARTMENT OF TRA SAORTATION, LNITED STATES OF AMERICA, FOR GRANTS LIM SECTION 9 OF THE NM MASS TRAIGORTATICN ACT OF 1964, AS AMt7OED, FOR TRASIT OPERATING AND CAPITAL ASSISTANCE RMING, AND DESIGNATING TIE CITY IWNGER AS TIE CITY OFFICIAL. A MWZED TO E%ECUTE IND PROCESS SAID APPLICATICNS. Moved and seconded to adopt RES. 88-181, ALlORIZING EXECUTICN OF A LEITER-MONO'ENT TO ACTEDW NO. IXG-87-12 WITH TIE ICIA DEPARTMENT OF TRASWATION EXTENDING TIE CCMPLETKN DATE FOR lit RIMY 6 SIGWIZATION IFiP(OUIENT PROJECT TO 10/31. Moved and seconded to adopt RES. 88-182, WENDING MOB POSITIONS IN THE TAFASIETY, ACMWItG AND DATA PROCESSING DIVISIONS OF THE FIWPDE DEPARIMENf AND THE ACMINISTRATIVE IND CONFIDENTIN. PAY PLANS. Moved and seconded to adopt RFS. 88-183, AUDORIZING Comm BY QUIT CLAIM DEED OF A PORTICN OF VACATED STREET RIGHT -CF -Ay MIXENT TO fORACE MANN SCHOOL TO WILLIPM AND DORIS PRELCIL. Moved and seconded that OPD. 88-3392, AMENDING CHAPTER 24 of THE CODE OF ORDIWANCES OF THE CITY OF IOWA CITY BY REPEALING ARTICLE VI THEREOF ENTITLED "NUISANCES,^ AMD BY fW+GTING IN LIEU THEREOF A NEW Official ktions August 23, 1986 Page 4 ARTICLE VI, TO BE CODIFIED THE SAME, CCNTAINN NEd DEFINIT W, STAN]4RDS AND ;;jL IRES FOR TFE ABATEMENT OF NUISANCES, be Passed and adopted. Moved and secmW to adjourn 8:35 P.M. The Mayor declared the motion carried. A more complete description of Council activities is an file in the office f the City Cleric. �, /� s/JM MCDONAID, MAYOR %19c-1�G--e�L s 9f i r Sutrmd for gfilication 9/1/88. 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.-1/20/88; 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 'N 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 BusUell'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 Center to set up a table to distribute literature and offer crafts for donations, 8/21/88, approved. Affirmative 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 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 unanimously, 6/0, Strait absent. MARIAN K. KARR, CITY CLERK JOHN MCDONALD, MAYOR COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 6, 1988 Iowa City Council, regular mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Atkins, Melling, Boyle, Karr, Schmeiser, Donner, Fosse. Council minutes tape-recorded on Tape 88-51, Side 1, 1 -END and Side 2, END -551. Councilmember Strait announced his resignation from the At -Large Council seat effective September 7, 1988. Moved by Ambrisco, seconded by Courtney, that the City Council appoint John Balmer to fill the vacancy In the office of At -Large Councilmember resulting from Councilmember Kate Dickson's resignation from that office, said appointment to be effective immediately to fill the remaining term of said office. The Mayor noted the impressive list of individuals who expressed interest in the At -Large seat vacated by Kate Dickson. Larson stated his strong feeling that the vacancy should have been filled by the voters at an election and noted that any citizen could file a petition within 14 days requesting an election. He also noted that Mr. Balmer was an exceptional candidate given his past experience and stated it was a difficult decision. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. The Mayor proclaimed September 15, 1988, as SCHOOL NIGHT FOR SCOUTING; September 16 and 17, 1988, as BUDDY POPPY DAYS; September 22, 1988, as AMERICAN BUSINESS WOMEN'S DAY; September 17-23, 1988, as CONSTITUTION WEEK. Moved by Strait, seconded by Ambrisco, 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 8/23/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. - 7/13/88, 8/10/88; Animal Control Advisory Comm. - 7/14/88; P&2 Comm. - 7/21/88; Bd. of Library Trustees - 8/25/88; CCN Comm. - 8/16/88; Airport Comm. - 7/21/88, 8/9/88. Permit Motions: Approving a Special Class C Beer/Wine Permit for H.S.L. Foods, LTD dba Country Kitchen, 1402 S. Gilbert. Approving an Outdoor Service Area application for Pineapple Management Company dba Holiday Inn -Iowa City, 210 S. Dubuque Street. Approving a Class E Beer Permit for Nash -Finch Company dba Econofoods #473, 1987 Broadway. Approving a Class C Liquor License for Deadwood, Inc. dba Deadwood, 6 S. Dubuque Street. Resolutions: RES. 88-184, Bk. 98, p. 184, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING AND THE OFFICIAL STREET CONSTRUCTION PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1988. RES. 88-185, Bk. 98, p. 185, ACCEPTING THE WORK FOR THE HEINZ ROAD IMPROVEMENT PROJECT. RES. 88- MINUTES COUNCIL ACTIVITIES SEPTEMBER 6, 1988 PAGE 2 186, Bk. 98, p. 186, ACCEPTING THE SANITARY SEWER, STORM SEWER, AND PAVING IMPROVEMENTS FOR LOTS 1 THROUGH 4 AND 29 THROUGH 40 OF VILLAGE GREEN PART XI. RES. 88-187, Bk. 98, p. 187, ACCEPTING THE SANITARY SEWER, STORM SEWER, AND PAVING IMPROVEMENTS OF A PORTION OF HIGHLANDER DEVELOPMENT FIRST ADDITION. Correspondence: Johnson County Democratic Party submitting a resolution which calls for an election to fill the vacancy on the City Council rather than an appointment by the Council. Memo from the Traffic Engr. regarding parking prohibition on Oberlin Street; parking prohibition on Tulane Court. Applications for City Plaza Use Permits: Democratic Headquarters to set up a table from which to distribute literature and register voters on 8/24/88, approved. Latin American Human Rights Advocacy Center for permission to set up a table from which to distribute literature and/or crafts for donations, approved. Applications for Use of Streets and Public Grounds: Procter & Gamble Manufacturing Company to have a 5-K run on public sidewalks on 8/27/88, approved. Yogurt Etc. for permission to give away samples of yogurt from the park area on North Clinton between Market and Davenport streets on 8/24-27/88, approved. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, to set a public hearing for 9/20/88, on an ordinance to amend Chapter 36-23 of the Zoning Ordinance, the Commercial Intensive Zone. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. The Mayor noted discussions between staff and residents of the area and recommended Council defer the scheduled public hearing 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. Moved by Strait, seconded by Ambrisco, the public hearing be deferred. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Horowitz, seconded by Larson, to adopt RES. 88-188, Bk. 98, p. 188, APPROVING AN AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR NAGLE LUMBER COMPANY LOCATED AT 1201 SOUTH GILBERT STREET. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Bd. of Appeals - two vacancies for five-year terms ending 12/31/93; Bd. of Examiners of Plumbers - two vacancies for two-year terms ending 12/31/90; Sr. Center Comm. - two vacancies for three-year terms ending 12/31/91. These appointments will be made at the 10/18/88 meeting of the City Council. MINUTES COUNCIL ACTIVITIES SEPTEMBER 6, 1988 PAGE 3 Moved by Ambrisco, seconded by Strait, to appoint Trey Stevens, 3035 E. Court, to the Broadband Telecommunications Comm. for an unexpired term ending 3/13/89. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Ambrisco, seconded by Strait, to appoint James Montgomery, 2729 E. Court, to the Board of Electrical Examiners and Appeals of a journeyman electrician for a four-year term ending 10/26/92. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Councilmember Courtney requested Council consider adding a public safety officer to the Police Department before the next budget year. The City Manager stated preliminary work on a proposal for a community relations/school liaison/public safety officer has been done and was waiting until the Chief returned for review. Council requested the matter be scheduled for informal discussion. Horowitz requested that some of the "No Parking" signs be removed from Hwy. 1 in front of Carousel Motors. Larson note the resignation of George Strait from the Council. He thanked him for his service and acknowledged his integrity, justice, and fairness. Ambrisco noted item #15, a resolution initiating the design of the Washington Park storm sewer project and incorporating it into the Southeast Interceptor/South Ralston Creek Phase II Project, and asked for favorable consideration. He noted that it would be cost effective to incorporate these projects within the areas. The Mayor thanked George Strait for his 4-1/2 years of service and stated he would be missed. Recommendations of the Committee on Community Needs noted as follows: (1) That Phyllis Kilpatrick's position as a permanent, part-time position in the City's Housing Rehabilitation Program be changed to a permanent, full-time position; (2) that the Benton Street Storm Drainage Project be postponed until the spring of 1989 in order that it be constructed in conjunction with the City's Sewer Project. Moved by Strait, seconded by Horowitz, to adopt RES. 88-189, Bk. 98, p. 189, AMENDING BUDGETED POSITIONS IN THE COBB DIVISION OF THE PLANNING AND PROGRAM DEVELOPMENT PROGRAM, changing the position of part-time Housing Rehabilitation Assistant to full-time Housing Rehabilitation Assistant. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-190, Bk. 98, p. 190, AMENDING BUDGETED POSITIONS IN THE FIRE DEPARTMENT, upgrading the position Battalion of Chief. a Marshalandintegrating Affirmativerollthe voteposition unanimousitht of 6/Oaall Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88-191, Bk. 98, p. 191, AUTHORIZING AND DIRECTING THE PUBLIC WORKS DIRECTOR TO INCORPORATE THE BENTON STREET STORM DRAINAGE PROJECT INTO THE BENTON STREET INTERCEPTOR PROJECT FOR THE PURPOSE OF BIDDING AND CONSTRUCTION. Ambrisco complimented Stanley Consultants on the recent progress report re the sewer plant. Karen Hradek, Chair of the Miller/Orchard Neighborhood, endorsed the project. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. MINUTES COUNCIL ACTIVITIES SEPTEMBER 6, 1988 PAGE 4 Moved by Ambrisco, seconded by Larson, to adopt RES. 88-192, Bk. 98, p. 192, AUTHORIZING AND DIRECTING THE PUBLIC WORKS DIRECTOR TO INITIATE THE DESIGN OF THE WASHINGTON STREET PARK STORM SEWER PROJECT AND INCORPORATE SAID PROJECT INTO THE SOUTHEAST INTERCEPTOR/SOUTH RALSTON j CREEK PHASE II PROJECT. Courtney cited a number of neighborhood meetings held over the past few years regarding problems in this area. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Larson, to adopt RES. 88-193, Bk. 98, p. 193, AUTHORIZING CITY MANAGER TO INFORM OWNERS THAT THE CITY HAS WAIVED ITS PLATTING REQUIREMENTS WITH RESPECT TO CERTAIN PARCELS ON FIRST AVENUE NORTH OF MUSCATINE AVENUE. Horowitz stated she would be voting in the negative on this matter as the platting requirements regarding the lots and parcels presently constituted left her with a number of questions in terms of the future. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Courtney, Larson, McDonald, Strait, Ambrisco. Nays: Horowitz. Moved by Larson, seconded by Strait, to adjourn 8:40 p.m. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. i N MCDONALD, MAYOR SAN K. KARR, CITY CLERK Informal Council Discussion September 6, 1988 Informal Council Discussion, September 6, 1988, 6:30 p.m., in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Courtney, Larson, Ambrisco, Horowitz, Strait. Staff present; Atkins, Karr, Boyle, Schmeiser, Donner, Helling, Milkman. Tape-recorded on Reel 88-50, Side 11 -End. PLANNING 8 ZONING MATTERS: Reel 88-50, Side 1 A. Li! C. Schmeiser said the amendment to the Zoning Ordinance to permit the location of manufacturing businesses in the CI -1 zone provided the manufacturing portion of the business does not exceed 5,000 square feet. Currently the entire business may not exceed 5,000 square feet. Schmeiser said additional information will be presented prior to Council's September 30 meeting. Atkins stated City staff met with property owners to review the various interests of those property owners. Atkins said staff has prepared a list of ideas with respect to how the area could be developed. Atkins recommended that Council defer action on this item to allow staff and property owners to develop a plan for the area. Atkins said he would prepare a letter, to be sent to the property owners outlining the issues. The letter would involve significant policy decisions, including the potential for recommendations for a zoning change, traffic study at Prentiss and Gilbert streets, and tying the two areas together with a pedestrian footbridge. Atkins said a financing plan for the area has not yet been developed. Council agreed to defer the public hearing. Schmeiser stated this plan is for construction of three warehouses in the rear of Nagle Lumber Company. Horowitz noted the map and asked if part of the structure would hang over Ralston Creek. Schmeiser said it would not and the area outlined on the map is property that Nagles has control of and it extends across the Ralston Creek. Atkins inquired about the waiving of the platting requirements. Schmeiser explained a number of lots along first Avenue were platted without the submittal of subdivision plats for the approval by the City. Boyle Minutes Informal Council Discussion September 6, 1988 Page 2 explained the City Code stated that the building permit cannot be obtained if the property has not been properly subdivided and the issue relates to replacement if a building burns down. Horowitz asked if the planning process protects property owner. Boyle said this resolution will insure the City will not make a property owner incur a substantial expense or deny a building permit. In response to Atkins, Boyle said this waiver will clear the titles. DISCUSS APPOINTMENTS OF CITY COUNCILMEMBER: Reel 88-50, Side 1 McDonald said there are ten applicants for the position (At-Large/Dickson vacancy) and a formal vote will not be taken during the informal Council session. McDonald asked Councilmembers for nominations for the vacant Council position. Strait announced his resignation from the City Council effective 12:01 a.m. Wednesday, September 7, 1988. Strait stated he will explain the reasons for his resignation during the Council's formal meeting. Horowitz nominated Naomi Novick to fill the Council position vacated by Kate Dickson. Strait seconded that nomination. Horowitz stated Ms. Novick is a resident of the northwest part of town, actively involved in local and State governmental issues for 18 years, member and past president of the League of Women Voters, organized and presided over televised legislative forums, had been appointed to the Charter Review Commission, appointed to the Urban Environment Ad Hoc Commission, appointed to the Design Review Commission, active in volunteer groups such as the Johnson County Arts Council, University of Iowa Museum of Art and Hancher Guild, and aware of various aspects of local commerce. Horowitz said Novick has a moderate well-connected balanced background needed by Council. Ambrisco nominated John Balmer to fill the Council position vacated by Kate Dickson. Ambrisco said he has known Balmer for 20 years. Ambrisco stated that Balmer is a progressive thinking individual, has previously served on Council, has been active in the community and local government, and recently served on School Board Blue Ribbon Committee. Courtney seconded the nomination. Council discussed the nominations. Horowitz said that Novick is a very qualified woman. McDonald said the ten applicants are involved in and concerned about the community. Larson said the vote is not a vote between Balmer and Novick and it is a horrendous mistake for Council to appoint anyone. Larson said there is a potential for a 3-3 vote for the candidates, resulting in a compromised candidate, and, therefore, he would support Balmer. McDonald stated he would support Balmer. Council agreed to appoint John Balmer at the formal meeting. McDonald thanked all of the applicants for applying for the vacant position. SALE OF PUBLIC WORKS PROPERTY: Reel 88-50, Side 1 Atkins said the potential of selling the City's Public Works property was previously discussed because of the commercial value of the property. Atkins said he has been working with a perspective developer, but the Airport Clear Zone is an issue; the Airport currently has approximately s aD_ 1 Minutes Informal Council Discussion September 6, 1988 Page 3 1,000 feet clear zone intended for future instrument landing approach, and it is the FAA's position that the Airport Clear Zone must remain clear. Atkins asked Council to consider if the City should actively pursue the instrument landing approach and suggested that Council meet with the Airport Commission. Atkins noted the Public Works property is considered to be one of the best commercial locations in the area and the property will be diminished in value if the clear zone area cannot be used. Atkins said limiting factors to development are the clear zone and that the property is a landfill. Atkins said he has asked the Airport Commission to establish policy or strategy regarding marking property in and around the Airport. McDonald said he has contacted the Chair of the Airport Commission regarding scheduling a joint meeting with Council. McDonald said the Airport Commission is currently implementing a master plan for the Airport. Horowitz asked what are other community experiences with developing airport property. Atkins said the Iowa City Airport is a general aviation airport and this is a unique circumstance because there is another public facility adjacent to the Airport. In response to Horowitz, Atkins said the FAA personnel won't debate the issue with Iowa City. Atkins said if the City chooses to develop along the corridor, certain development of the Airport could be precluded. Larson asked for information relating to the cost of the Airport Master Plan and what are the Airport's options if the Airport expansion is curtailed at this time. Atkins noted the Airport operates independently from Council. Courtney asked for an update on funding received from the FAA. Larson asked for a copy of the Airport Master Plan. COUNCIL TIME/AGENDA: Reel 88-50, Side 1 1. McDonald stated a Council goal setting session will be scheduled in October. 2. Ambrisco stated a joint meeting with the Johnson County Board of Supervisors will be scheduled this fall. 3. Council agreed to meet in an informal Council session, Friday, September 9 at 5:30 p.m. to discuss the process for filling the Council At -Large position vacated by George Strait. APPOINTMENTS: Reel 88-50, Side 1 Broadband Telecommunications Commission - Trey Stevens Electrical Examiners and Appeals Board - James Montgomery COUNCIL TIME/AGENDA CONTINUED: Reel 88-50, Side I 4. Council agreed with Helling's recommendation that the City negotiate a collective bargaining agreement with both AFSCME units (Library and the general) in one contract. Helling said the City has received formal requests from AFSCME representatives to open negotiations. Helling said he will respond to the AFSCME request and agree to negotiate with both AFSCME units under one contract contingent upon approval from the Library Board. The meeting adjourned at 7:25 p.m. .raa.