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HomeMy WebLinkAbout1988-10-04 Council minutes,bp Informal Council Discussion September 19, 1988 Informal Council Discussion, September 19, 1988, 6:35 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Courtney, Balmer, Larson, Horowitz. Absent: Ambrisco. Staffinembers present: Karr, Schmeiser, Timmins, Atkins, Helling, Brachtel, Boyle. Tape-recorded on Reel 88-52, Side 1, 1 -END, Side 2, 1 - END; Reel 88-53, Side 1, 1-501. CONSENT CALENDA Karr stated the County Sheriff's signature was application for the Wig & Pen establishment. representing Harold Brown, stated he would obtain prior to formal Council meeting. Council agreed Consent Calendar. PLANNING & ZONING MATTERS: A. SETTING A PUBLIC—HEi Reel 88-52, Side 1 still needed to complete Tom Riley, attorney the necessary signatures to add Wig & Pen to the Reel 88-52, Side Schmeiser stated he will present detailed information prior to Council's next meeting. PUBLIC HEARING ON AN ORDINANCE TO AMEND CHAPTER 36-23 OF THE ZONING ORDINANCE THE COMMERCIAL INTENSIVE ZONE. Schmeiser said the two changes being proposed will 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 and provide for 15,000 square feet of manufacturing usage by special exception. Horowitz said the performance standards should provide for a buffer between this zone and type of manufacturing in the adjacent residential areas. Horowitz asked Schmeiser if the City's performance standards are capable of enforcing the 5,000 square foot provision. Schmeiser replied affirmatively. Schmeiser explained that the performance standards require screening and the manufacturing use has to meet commercial use performance standards which are more restrictive. Larson asked if performance standards for commercial uses are more restrictive than for manufacturing uses. Schmeiser said yes. Larson asked what objections were raised by Planning & Zoning Commission members. Planning & Zoning Commission member Hebert said 5,00 square feet would allow small manufacturers enough space to start a business and he objected to 15,000 square feet because it would create traffic problems. Balmer asked if there are other vacant buildings in the area. Schmeiser said Southgate Development building, the telephone building, and a building owned by the City are vacant. Larson said business owners in the area should favor the change. Horowitz noted the volume of traffic on Boyrum is increasing, MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 2 C. FBI See above Item B. Schmeiser explained Council reviewed this subdivision's preliminary plat concurrently with the Nottingham Place Subdivision. Schmeiser said residents in the area have objected to the subdivision because: 1) the site will be too congested with the five proposed lots, 2) the development will be out of character with the residential development in the area, 3) the development will be contrary to the RS -5 zone, 4) there will be severe environmental degradation, 5) the hammerhead design of the cul-de-sac turnaround will not provide for on -street parking or snow removal, and 6) if the front yard setbacks are not varied to allow houses to be constructed further from the street, there will be a "sea of asphalt" in the front yard. Schmeiser distributed a map designating the hammerhead turnaround, and said the hammerhead design was proposed to reduce the amount of environmental impact in the area. Schmeiser said a special exception to reduce the front yard setback of the proposed homes is pending with the Board of Adjustment. Larson asked if the neighborhood concerns are relevant to Council's decision regarding approving the final plat. Schmeiser said if the applicant meets all of the subdivision requirements and other City ordinances and the plat is fairly consistent with the approved preliminary plat, then Council is bound to approve the final plat. Larson asked if any of the neighborhood concerns would be relevant to approval of a preliminary plat. Schmeiser said the hammerhead design is a variation from the required design standards. Schmeiser said it was staff's recommendation that the hammerhead design be approved. Larson asked Council to address the issue that environmental concerns are not a basis for the Council to reject a plat if all legal requirements have been met. McDonald stated Council is scheduled to discuss Urban Ad Hoc Committee recommendations at the Council's October goal setting session. Horowitz asked if the City's Public Works Department has studied stormwater management in the area. Schmeiser replied they had. Courtney asked about the City's neighborhood notification procedures. Schmeiser said notification signs are placed on the subdivision property and there are stringent notification requirements. Courtney noted the proposed subdivision creates two triple frontage lots on Oaklawn. Horowitz asked where recreational vehicles owned by property owners of the proposed lots would park. Schmeiser said that is a problem. Schmeiser said the lot frontage requirements for single-family lots in the RS -5 zone is 25 feet and the hammerhead sign was used to allow the lots to be located closer. MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 3 E. Schmeiser stated the Planning & Zoning Commission, on September 15, made an additional recommendation to Council that the plat be approved subject to parking only being permitted on one side of Samuel Drive. Schmeiser said this is a plan for a warehouse addition and the plan meets all ordinance requirements. Balmer asked why there was dissenting votes by Planning & Zoning Commission members. Planning & Zoning Commission member Hebert said there were dissenting votes because building construction had begun before approval was given. Atkins stated he released the foundation permits pending Planning & Zoning Commission approval and City staff will discuss the building construction schedule with Sheller -Globe. SPECIAL COUNCIL ELECTION DATES: Reel 88-52, Side 1 McDonald stated Council received Karr's September 15, 1988, memo regarding special local elections. Council agreed to schedule December 13, 1988, primary election and January 10, 1989, special local election to fill the at -large Council seats vacated by the resignation of George Strait and Kate Dickson. Karr said she will prepare an election timetable for distribution to Council and perspective candidates. POLICE COMMUNITY RELATIONS OFFICER: Reel 88-52, Side 1 McDonald noted Council received Atkins' September 13, 1988, memo regarding Community Relations Officer - School Liaison Program. Larson asked if Council should consider the many issues related to a Liaison Officer before a decision is made to add a Community Relations Officer to the Police Department. Atkins said Council could approve the addition of a Community Relations Officer in concept. Balmer asked if Atkins has contacted the School District. Atkins said he has been in contact with the School System and staff will need to be sensitive to police presence in schools. Councilmembers discussed the Community Relations Officer selection process; drug prevention and educational programs; and budgetary concerns. Courtney inquired about the automobile/equipment expense as outlined in the proposed budget for the Community Relations Officer. Atkins said equipping the automobile is expensive and if the Community Relations Program is successful, the Community Relations Officer will be spending a majority of the time out in the community. Atkins said training the Community Relations Officer is necessary and the Iowa Law Enforcement Academy has scheduled a training drug education program in March 1989. Larson said increasing the number of police detectives should be considered. McDonald said that Council needs to consider all of the staffing needs of the Police Department. Atkins said Council received a list of the substantive issues relating to the Police Department. MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 4 Courtney said the City needs to add late-night uniformed police officers. Larson asked when Police Chief Miller would return from his medical leave of absence. Atkins said Police Chief Miller's physical condition is still being assessed. Councilmembers agreed to the Community Relations Officer concept and directed staff to proceed. Balmer said the program should be evaluated. LIQUOR CONTROL ISSUES: Reel 88-52, Side 2 McDonald stated Council received City Atty. Timmins' September 14, 1988, memo regarding liquor control issues. McDonald said the City has received a request from Season's Best to establish an outdoor service area. Timmins explained Season's Best has proposed to establish an outdoor service area under the stairwell area of the Commerce Building. Timmins summarized the five categories of Section 5-41 Outdoor Service Area Regulations as they apply to Season's Best. Section 5-41 Outdoor Service Area Regulations provide that a) they cannot encroach onto street right-of-way, b) cannot be located in the front yard, c) must be screened on all sides, d) accessible through establishment only, and e) cannot be located within a residential zone or within 100 feet of a residential use. Timmins stated four of the regulations would prevent Season's Best from having an outdoor service area and Council could waive the screening and accessibility requirements. Timmins said the Council additionally would need to amend the front yard location and location with respect to residential uses provisions to grant Season's Best's request. Timmins said an amendment to Section 5-41 has been drafted. Timmins reviewed the proposed changes to Section 5-41 as outlined in Exhibit B of his memo. Councilmembers discussed the definition of restaurant. Balmer said liquor establishments should be maintained on the ground floor level for public and police safety reasons. Larson said the provision requiring restaurant service during 90% of the hours that the business is opened needs to changed. Council received comments from Hank Miquel, owner of Yacht Club. Miquel said the liquor establishment location on the ground floor requirement should be addressed; restaurant definition requiring a free-standing stove, griddle or grill needs to be expanded to include other equipment such as microwaves; and there should be a provision that addresses how food is served. McDonald said upstairs and basement bars were prohibited for public and police safety reasons. Larson suggested the ordinance read, "full service kitchen." Timmins said the definition should be specifically spelled out. Dean Thornberry noted that Burger King does not use free-standing stoves, griddles or grills and would not meet the restaurant definition as proposed. Timmins stated broiler or microwaves can be added to the definition and the hours of operations provision (90%) will need to be researched. Courtney stated Council should not habitually make ordinance changes to meet the needs of specific businesses. Courtney said bars should not be permitted in basements. Atkins asked if Council has reasonable authority with respect to liquor license. Timmins said there is a suspension and revocation procedure, but the State is the licensing authority. MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 5 Larson commented that Council should look at the fairness issue as it relates to allowing liquor establishments that require substantial police attention versus regulating establishments who have required minimal police attention. Council agreed with the proposed amendment changes and directed staff to prepare a final draft of the ordinances. In reference to Season's Best request, Timmins noted that Council needs to consider the screening and accessibility requirements. Larson stated that Season's Best should not be given an unfair advantage over downtown businesses. McDonald noted that Season's Best request applies to private property. Atkins stated that "front yard" is not defined in the ordinance. Timmins explained the term "front yard" is used in the current regulation, in downtown, front yard is defined as the required front yard, and there is no front yard required in the Zoning Ordinance in any City zone. Therefore, the proposed language does not use the term "front yard." In response to McDonald, Timmins stated that the provision providing that the outdoor service area shall not be permitted within 100 feet of a residential zone will be amended. TEMPORARY LICENSE. Timmins explained that under a seasonal or 14 -day license or permit, a liquor establishment can be established in conjunction with an existing bar or separately and it can. be in a building, tent or parking lot. Timmins stated that he drafted a new set of regulations for the uses. Timmins stated that a double fence will be required and a sound equipment permit will be required if amplified sound equipment is used. Timmins said that if a liquor establishment is in a building, it can be located anywhere. If it is not in a building and in a residential zone, the outdoor service area cannot be any closer than 100 feet to the closest residence. Council discussed the Sound Ordinance. Timmins explained the City has not enforced the Sound Ordinance because of an early challenge to the Sound Ordinance in the Magistrate's Court which was upheld. In reference to the noise complaint, Atkins explained that police will give one warning and then shut down the sound upon the second complaint. Council received input from Dean Thornberry, owner of Maxie's. Thornberry apologized to Council and staff for problems relating to Maxie's. Thornberry stated that there were problems of miscommunication, music should be allowed, and police should have a decibel meter. Karr stated dancing permit regulations will also be drafted to be included with the temporary outdoor service area regulations. LEGAL DEPARTMENT REORGANIZATION: Reel 88-53, Side 1 McDonald stated all Councilmembers should be present to discuss Legal Department reorganization. Council agreed to defer discussion until their next informal Council meeting. MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 6 EXECUTIVE SESSION: Reel 88-53, Side I Moved by Larson, seconded by Horowitz, to adjourn to Executive Session under Section 21.5(c) to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 5/0, Ambrisco absent. The Mayor declared the motion carried. Council adjourned to Executive Session at 8:37 p.m. i OFFICIAL COUCIL ACTIONS - 9/20/88 The cost of publishing the following proceedings Ji claims is $ . Cumulative cost for this calendar year for said publication is f Iowa City Council reg. mtg., 9/WA 7:30 P.M. at the Civic Center. Mayan M:Donald presiding. Cc ncilmembem present: Balmer, Courtney, boAtz, Larson, McDonald. Absent: Ambrisco. The Mayor recognized staff and young people participating in the Sumer Iona Conservation Carps. The following young people will receive certificates signed by Governor Branstad and attend the Governor's Youth Canferece: Marilyn Carey, West High School, Senior Youth Leader; Debra Griffin, City High School; Sean Seaton, West High School. During the sumer, ICC completed an ederior maintenance project at 410 Iona Avenue. Two individuals were recognized for selecting the Colas for the building and guiding the yang people in completion of the painting project as follows: Patti Westercamp, City of Iowa City Graphic Dmigw and Kristy Kissel, U of I College of Nursing, Dept. of Instructional Design. The Mayor congratulated the recipients and the Maya's Youth Coordinator. Reg McElroy. The Mayor proclaimed September 18-24, 1988 as ADULT DAY M CFi{[F1t WEEK. . Mored and seconded that the following items and recommendations in the Consent Calendar be received, or .approved, and/or adopted as wended: Approval of Official Council Actions of the regular meeting of 9/6, as published, subject to borection, as recameded by the City Clerk. Minutes of Boards and Commissions: Hosing Cann. - $/9; Resourves Conservation Comn.- 7/11; Broadband Telecom. Comm. - 8/17; PSZ Comn. - g/1; PSR Can. - 8/10. permit Motions and Resolutions: Class B Beer Ferndt for Godfather's Pizza, 207 E. Washington Street. Class B Beer Permit for " Rococo, 1540 First Avenue. Class C Beer Permit for T&4 Mini Mart, 2601 Wel. #6 East. Class C Beer Permit for Central Pharm xy Center, 701 E. Davenport Street. Class E Beer Permit for Kwik Shop #567, 820 1st Avenue. Class C Liquor License for The Rtowi Bottle, 115 E. Washington Street. Class C Beer Permit for Dan's Short Stop Corporation,. 2221 Rochester Avenue. RES. 88-194, ISSUING CIGARETTE PEfd4ITS. Application for a Liquor License refuel for American Bistro, 121 N. Lim Street. Class C Liquor License for Wig S Pen, 1220 HV. 6 West. Motions: Approving disburse ants in the amount of $3,189,487.08 for the period of 8/1 thru 01, as recommended by the Finance Director, subject to audit. I I 1 MINUTES MKIL ACTIVITIES SEPTFIEER 20, 1986 PAGE 2 Resolutions: RFS. 86-195, ACCEPTING THE SANITARY SEVER, STORM SFI R AFD PAVING IMPO EN'TS FOR FIRST AMD ROO STFR, PMT THREE. RES. 88-196, ACCEPTING THE W0FK FCR PAVN IFiiUDENTS FCR WUIDEN VAm, PMT TVD. RES. 88-197, ACCEPTING THE VAR( FOR SANITARY MR, SW SLIER, PAVING AND STORM INTK IMPPOVE EMS RR H .NTER'S RLN PART FO. RFS. 86-196, AUTHORIZING DBUTION OF AN AfROENT FOR OMWIDTH PAVING IN HNTER'S RN FM VUR. Applications for the Use of Streets and Public Grounds: Mamee Pennington for permission to close a portion of Ealing Street for a block party on 9/5/88, approved. Iera City Road Races for the 12th Annual Hospice Road Races to be held an 10/23, approved. Mercy Hospital Fondation to place sm11 lids on the three ash trees in the Market Street right -of -W for 12/10/88 and . 1/10/89, approved. University of Iowa Homecoming Cantil to have the aonual Honemndng Pa -A an 10/7, approved. Applications for City Plaza Use Permits: HmEcoming Council to have a pep rally in the checkerboard square area of City Plaza on 10/4 between 7:30 and 7:45 p.m., approved. Quest. for Peace organization to set up a table on City Plaza to sell raffle tickets on 9/16, 23, 30, and 10/7, approved. The Mayor declared the motion carried. Moved and seceded to set a public hearing for 10/4, on an ordinance to vacate a 9,720 square foot portion of Madison Street right-of-vw between Market Street and Bloomington Street. The Mayor declared the notion carried. A public hearing was held on an ordinance to we►d. Chapter 36-23 of the Zoning Ordinance, the Commercial Intensive Zane. Moved and seceded that the ordinance arerdirg Chapter 36-23 of the Zoning Ordinance, the Coneroial Intensive Zone, be given first vote for passage. The tkUyor declared the motion carried. Moved and seconded to adopt RES. 88-199, APPROVING THE FINAL PIAT OF SWE ERNE A DITICN, A 1.94 ACE 5 -LOT RESIDENTIAL SUEDIVISHN LOWED kEST OF ONQAh4lI AVEKE. Moved and seconded to adopt RFS. 88-200, APMING M nE DED PREI.IMINO TMD FIM- LARGE SCALE NDN -RESIDENTIAL OEVEH.OFMENT (LSNAD) PIM FOR SELLER -ON CORPOMTICN LOCATED AT 2500 HIMY 6 FAST. Bud Gode, Senior Center Commission manber, briefed Council on an Wcaning 7th birthday celebration at the Senior Center. The Mw tlna W the Commission for keeping Council informed. Peggy r _. MMJT S CQfCIL ACTIVITIES SEPTUM 20, 1988 PAGE 3 Coralville, appeared re an incident involving her car being towed. Staff will follow - The Mayor announced the following vacancies: Dd. of Adjustment - one vacanq fir a ft -year term erding 1/1/94; Hmem Rights Comm. - three vacancies for three-year terms ending 1/1/92; Parks and Recreation Comm. - two vacancies for four -pa' tens ending 1/1/90. These appointoents will be made at the 11/1/88 meeting of the City Council. Moved and secaded to defer appoinbreds to the City Cantil Legislative Wnnittee and Rules Camdttee and appoint Jahn Balmy to replace George Strait on Johnson County Council of Governments. The Mayor declared the motion carried. Moved and seconded to accept the recomeidetim of the planning and Zoning Cmmission that Don . Hebert be appointed to the Airport Zming Ocn dssicn as the PdZ representative to replace Rd Perry. The . Mayor declared the motion carried. Moved and seconded to adopt RFS. 88-201, APPTDVIWG NJ) AUTMRIZING AND DIRECTING THE M4YCR IND TIE CITY CLN TO EXECUTE AND ATTEST, RESPECTIVELY ADOMM NO. 1 TO TIE CHA O 2BE AtEiEDW BEIHIEEN THE CITY OF IGA CITY AND THE LNIVE soy OF IOWA PROVIDING FOR THE DEYFLOP ENT, . USE, OCUIPANCY, MYlWW AND OPERATION OF A PARKIIG GARAGE AND CHILLED WATER FACILITY AND A WATER SUM FACILITY. NNW and seconded to adopt RFS. 88-202, AU1HORIZING EXECUTION OF AN INTE)MYG IENTAL COOPMTION AGUNEiT WITH ASSISTED HZING MONinGDMENT ASSOCIATION (MM) REIATNG 10 1FiilIi44E FOR TIE IO44a CITY FD15NG mom. Moved and seconded to adopt RES. 88-203, INUASSIFID S4ARIES AND OOMPENSATION FOR FISCAL YEAR 19% FOR THE CITY ATFOA EY. Moved and seceded to defer a Resolution Approving and Inplemerntirg a Reorganiation Pian for the Legal Deparbaent. the Mayor declared One ontim carried. Moved and seceded to adjourn 8:35 p.m. The Mayor declared the motion carried. For a more detailed 8 cmplete description of Cantil Activities 8 Disburseents, see Office of City Cleric and Finance Deparhrent. s/JOHN MCDCflAID,YCR s/MT.IAN K. KAM, CITY CLER( Sutmitted for Publication - 9/29/88. t 9 Complete Description of Council Activities October 4, 1988 Iowa City Council, reg. mtg., 10/4/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Larson, McDonald. Absent: None. Staffinembers present: Atkins, Helling, Timmins, Karr, Fosse, Schmeiser, Brinton, Cain, Schmadeke. Council minutes tape recorded on Tape 88-54, Side 1, 480 -End and Side 2, End -335. The Mayor proclaimed FIRE PREVENTION WEEK - October 9-15, 1988; WHITE CANE SAFETY DAY - October 15, 1988; and MENTAL ILLNESS AWARENESS WEEK - October 2-9, 1988. The Mayor noted additions to the Consent Calendar. Moved by Ambrisco, seconded by Balmer, 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 9/20/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - 8/10/88; Airport Comm. - 8/18/88; Human Rights Comm. - 8/29/88; P&Z Comm. - 9/15/88; Historic Preservation Comm. - 9/14/88; Design Review Comm. - 9/22/88. Permit Motions and Resolutions: Approving a Class C Beer Permit for Clarissa T. Watt dba Watt's Food Market, 1603 Muscatine Avenue. TriApproving p#503aClass ,123W. Bent n. Permit uik i Appro ing aClassE Corporation BeePermit for Quik uik Trip Corporation dba Quik Trip #548, 955 Mormon Trek. Approving a Class B Beer Permit for LTL Restaurants, Inc. dba Mazzio's Pizza, 1950 Lower Muscatine. Approving a Special Class C Beer/Wine Permit for New Life Fitness World, Inc. dba New Life Fitness World, 2220 Mormon Trek. Approving a Class C Liquor License for Hilltop Tavern, LTD. dba Hilltop Lounge, 1100 N. Dodge St. Approving an application for a Liquor License refund for Farmers Market and Bakery, LTD. dba Farmer's Market and Bakery, Ltd., 112 S. Linn St. Approving a Class B Beer Permit for American Seafood Partners dba Long John Silver's Seafood Shoppe, 1940 Lower Muscatine Rd. Approving a Class C Liquor License for Baja, Inc. dba Mama's, 5 S. Dubuque. Approving a Class C Liquor License for Brocchini, Inc. dba The Gallery Bar & Restaurant, 223 E. Washington St. RES. 88-204, Bk. 99, p. 204, ISSUING A CIGARETTE PERMIT. RES. 88-205, Bk. 99, p. 205, ISSUING A DANCING PERMIT. Resolutions, Bk. 99: RES. 88-206, p. 206, ACCEPTING THE STORM SEWER IMPROVEMENTS FOR WASHINGTON PARK ADDITION - PART 10; RES. 88- 207, p. 207, SETTING A PUBLIC HEARING FOR 11/15/88 ON THE FACILITIES PLAN UPDATE AND ENVIRONMENTAL REVIEW FOR THE WASTEWATER SYSTEM IMPROVEMENTS PROJECT; RES. 88-208, p. 208, SETTING A PUBLIC HEARING FOR 10/18/88 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT. Council Activities October 4, 1988 Page 2 Correspondence: John Hayek and Mark Ginsberg expressing objection to the planned location of a transformer on E. Washington St., recommendation from Design Review Committee regarding this matter is on this agenda; Highlander Inn requesting expedited action by the Council in regard to proposed signage at that location, item setting a public hearing for 10/18 is included on this agenda. Memo from the Traffic Engr, re removal of parking prohibition on the frontage road between Carousel Motors and Highway 1 West. Applications for Use of Streets and Public Grounds: Regina High School for permission to have the Homecoming Parade on 9/29/88, approved. Hawkeye Yearbook staff for permission to set up a table next to the reviewing stand during the U of I Homecoming Parade from which to sell yearbooks, approved. Affirmative roll call vote unanimous. 6/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 10/18/88 on an ordinance to amend the sign regulations of the Zoning Ordinance to permit one large free-standing sign for highway commercial property located near an interstate highway. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. A public hearing was held on an ordinance to vacate a 9,270 square foot portion of the Madison Street right-of-way between Market and Bloomington Streets. No one appeared. Moved by Courtney, seconded by Ambrisco, that the rule requiring ordinance 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 the ordinance be voted upon for final passage at this time. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Horowitz, that ORD. 88-3393, Bk. 29, p. 35, TO AMEND CHAPTER 36-23 OF THE ZONING ORDINANCE, THE COMMERCIAL INTENSIVE ZONE, be passed and adopted. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Horowitz, seconded by Ambrisco, to accept the Planning and Zoning Commission recommendation to approve the request to rezone a 1.99 acre tract located in Johnson County, approximately 1.5 miles east of Iowa City from A-1 to RS. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Courtney, seconded by Balmer, to accept the Planning and Zoning Commission recommendation to restrict parking on one side of the street within the improved portion of Samuel Drive. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Council Activities October 4, 1988 Page 3 Emmett Evans, Senior Center Commission member, reported on recent and upcoming activities at the Senior Center. The Mayor announced the following vacancies: Senior Center Comm. - one vacancy for an unexpired term ending 12/31/90; Airport Comm. - one vacancy for an unexpired term ending 3/1/91. These appointments will be made at the 11/15/88 meeting of the City Council. I Moved by Ambrisco, seconded by Larson, to appoint Al Rebal, 331 Ferson Avenue. and re -appoint Douglas Jones, 816 Park Rd. to the River - front Commission for three-year terms ending 12/1/91. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Councilmember Horowitz reported that she rode with the Iowa City Police Patrol from 9:00 p.m. to 3:00 a.m. 9/30 and made several trips through the alley next to Rocky Rococo's Pizza and questioned if the alley could be made one way and parking only on one side. The City Manager stated that the Traffic Engr. had done preliminary work regarding making the alley a one way and stated he wanted various downtown associations contacted on the matter. The Asst. City Manager said a survey would have to be done of the building owners in the area. McDonald noted the number of stores along the alley requiring deliveries. Horowitz stated the number one concern should be public safety and the availability to get emergency vehicles thru. The Asst. City Manager also noted the pitch of the alley for drainage presented certain problems. Ambrisco noted correspondence setting October 31, 1988, as Trick or Treat Night in Iowa City. Balmer noted signalization problems along the Highway 6 By -Pass and reported that the City Manager will follow-up. He also called attention to the letter from the City Manager to Rep. Mary Neuhauser re disposal of waste and noted the topic will be of regional significance for some time to come. The Asst. City Manager informed Council that staff will meet with the bargaining units starting 10/5 for a series of meetings to receive their initial proposals as per State Code. The City will have two weeks to submit counter proposals. Staff hopes to be able to schedule some time with Council to talk about strategies sometime within the next couple of weeks. The recommendation of the Design Review Committee that the Iowa - Illinois Gas & Electric Company transformer proposed to be located near the Washington and Clinton Street intersection be installed underground, was deferred two weeks. The City Manager reported that Iowa -Illinois had requested the matter be deferred to allow exploration of other options. Moved by Horowitz, seconded by Larson, to approve the Class C Liquor License for Iowa City Yacht Club, Inc. dba Iowa City Yacht Club contingent upon the applicant compliance within the next year with the restaurant definition thus allowing him to operate in the basement of the business at 13 South Linn and further contingent upon any additional renewals coming into compliance. The Mayor noted that the applicant will be given a year Council Activities October 4, 1988 Page 4 to comply with the provision to coincide with the one year renewal of the State liquor license. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to defer consideration of a resolution rescinding Resolution No. 87-239 and proving for amendments to the schedule of fees for beer permits, wine permits and liquor licenses, relating to dancing permits and temporary outdoor service areas, until adoption of the ordinance amending Chapter 5. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Balmer, seconded by Horowitz, that the ordinance amending Chapter 5 of the Code of Ordinances of the City of Iowa City, entitled "Alcoholic Beverages" by (1) amending Section 5-1 thereof to provide definitions of restaurant and of temporary outdoor service area and to update other definitions, (2) by amending Section 5-6 relating to dancing permits for licensed establishments, (3) by repealing Section 5-33 relating to the duration of permits and licenses, (4) by amending Section 5-41 to revise regulations regarding outdoor service areas, and (5) by adopting new Section 5-42 and 5-49 through 5-52 relating to the regulation of temporary outdoor service areas and seasonal and fourteen day licenses and permits, to be given first vote for passage. Larson questioned the impact of this ordinance on a request from Season's Best for an outdoor service area. The City Attorney explained that currently four barriers prevent such an expansion of service. Two can be waived by Council and the other two are addressed in the proposed change. Larson requested a comparison of requirements for outdoor service area on private property versus Plaza Cafes. In response to Courtney, the City Attorney clarified that the definition of restaurant in Chapter 5 affects only establishments serving food and alcohol. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, to adopt RES. 88-209, Bk. 99, p. 209, AUTHORIZING ACTION TO QUIET TITLE OR TO PROVE A PRESCRIPTIVE EASEMENT IN ORDER TO RESOLVE QUESTIONS REGARDING LAND CONNECTING MELROSE COURT AND BROOKLAND PARK (ROY YELDER). Larson urged all efforts be made to resolve this matter prior to court action. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-210, Bk. 99, p. 210, CONDITIONALLY ACCEPTING THE WORK FOR THE IOWA CITY SWIMMING POOL AT MERCER PARK (MERCER PARK AQUATIC CENTER), AND AUTHORIZING FINAL PAYMENT UPON COMPLETION OF CERTAIN WORK ITEMS. Balmer noted the large list of items requiring attention. The City Manager noted action on a number of items. Affirmative roll call vote unanimous, 6/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES. 88-211, Bk. 99, p. 211, CONDITIONALLY ACCEPTING THE WORK FOR THE RENOVATION OF THE CITY PARK SWIMMING POOL, AND AUTHORIZING FINAL PAYMENT UPON COMPLETION OF CERTAIN WORK ITEMS. Horowitz requested that the black line around the Council Activities October 4, 1988 Page 5 perimeter at water level be repainted. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 88-212, Bk. 99, p. 212, AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 88-213, Bk. 99, p. 213, AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME CLASSIFICATION PLAN, deleting one Asst. Treatment Plant Operator and one Maintenance Worker I and adding two Maintenance Worker III's. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adjourn 8:25 p.m. The Mayor declared the motion carried unani ously, 6/0, all Councilmembers present. N MCDON LD, MAYOR} �•Ln/ J ATTEST:/JAiw .J 75.J MARIAN K. KARR, CITY CLERK I Informal Council Discussion October 3, 1988 Informal Council Discussion: The meeting started at 6:35 p.m. Mayor John McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Larson, McDonald. Staff present: Atkins, Helling, Karr, Schmeiser, Timmins. Tape-recorded: Reel 88-53, Side 1, 501 -End; Side 2, 1 -End; Reel 88-55, Side 1, 1 -End; Side 2, End -502. CONSENT CALENDAR: Reel 88-53, Side 1 Council agreed to add the following to the Consent Calender: a motion approving an application for a liquor license refund for Farmer's Market; approving a Class B beer permit for American Seafood Partners - Long John Silvers; approving a Class C liquor license for Mama's; approving a Class C liquor license for the Gallery Bar and Restaurant; approving a resolu- tion to issue a cigarette permit for the Gallery Bar and Restaurant; and approving a resolution to issue a dancing permit for the Gallery Bar and Restaurant to the October 4 agenda. PLANNING AND ZONING MATTERS: Reel 88-53, Side 1 A. Schmeiser stated this amendment will allow taller signs in the highway commercial zone and more information will be provided to Council. In response to Horowitz, Schmeiser said that there was a typographical error in the agenda comment and it should refer to a CH -1 zone. Horowitz asked if this only applied to interstate highways. Schmeiser said yes, this only applies to interstates. B. Public_hearinq on an ordinance to vacate a 9,720 sauare foot portio of the Madison Street riaht-of-way between Market and Bloomington streets. Schmeiser stated this ordinance will vacate a 24 foot by 405 foot strip of property along Madison Street for the purpose of construct- ing a laser facility. Schmeiser said vacation includes a portion of the sidewalk along the right-of-way, it is staff's and Planning and Zoning Commission's recommendation that a perpetual easement be established for a sidewalk to be constructed by the University after completion of the laser facility and, staff recommends that Council vote on an agreement prior to the final adoption of this ordinance. _T__ Z5 i I C. D. E. Schmeiser said this would allow greater square footage for manufac- turing use in this commercial zone. Schmeiser said expedited consideration of this ordinance has been requested. Schmeiser said a wording change was made to clarify the meeting of "manufacturing portion" of the ordinance. Clarifying language was added to define "manufacturing portions" as manufacturing as a principal use and not accessory use to principal use. Ambrisco asked if five or six Council votes are needed for expedited consideration. McDonald stated Horowitz ivotes are needed of tzaskedifCouncilwill rescind action hsecond if the business does not move in. Horowitz stated that she asked that performance standards be applied because of the business's oroximity to n of the rdinance would sibent monitored s. pandtz a evaluated.sked how Schmeiseriosaid the merits of the ordinance should be considered and not the particular use. Schmeiser stated the manufacturing use must comply with same performance standards as for commercial use. Schmeiser said the ordinance specifically states that if there is any question regarding the particular use complying with the performance standards of the ordinance, the City can require a registered professional engineer to certify that the use will be in compliance with the performance standards. Schmeiser said the residence is to be located on a tract taken out of a larger farmstead for the purpose of building a residence in place of the existing farm residence. Schmeiser said the rezoning will not take land out of agricultural production, it was staff's and Planning and Zoning Commission's recommendation that Council forward the recommendation for approval to the Johnson County Board of Super- visors. No Council comment. EORGANIZATION OF LEGAL DEPARTMENT: Reel 88-53, Side 1 McDonald stated Council received Timmins' September 9, 1988, confidential memo regarding staffing needs. McDonald stated two issues of concern are the proposal to add a fourth full-time attorney and Boyle's reclassifica- tion. McDonald stated that he does not support adding another full-time attorney at this time. McDonald asked if some of the work could be Z ouS contracted out to alleviate the demanding work load. Timmins said the continue toLegal Department has made extensive use of outside legal counsel and could do so. acquisitions for the sewermproj cins t lisi omplexned tand difficult work dand sto aidpthat the smaller property acquisitions could be handled by outside counsel. Timmins explained that the paper work for condemnations could be done by City legal staff but court appeals can be assigned to outside counsel. He recommended against assigning condemnation work for the Compensation Commission to outside counsel. McDonald stated that Boyle is a valuable member of the City's legal staff. In response to McDonald, Timmins stated that Boyle could be moved from the administrative pay plan to the execu- tive pay plan to provide Boyle with additional compensation, allowing the City Council to directly set Boyle's pay. Timmins also suggested that Boyle's position should have a new title to reflect the constitutional and land use planning duties. An annual resolution would be required to set the Manager, Citof ye new Clerk andiCity'similar Attorney.to Horowitzcurrent saidpractice shewith wondered what is done when a position is created, if the image of the person can be separated from the position, and if that position is still going to remain that subject matter with the title and renumeration. In response to Larson, Atkins stated that as a governmental agency the City Council attempts to provide an overall pay plan. Atkins stated that j traditionally the executive pay plan has been reserved for departmental directors and the cost of living and bonus system are also methods for compensation. Balmer asked if Boyle received a pay raise for this fiscal year. Timmins stated Boyle received a 3% cost of living increase and has been at the top of his pay scale for several years. Atkins stated there is a reclassification process whereby the employee has to demonstrate their job has changed. Ambrisco noted that the City has kept positions unfilled. Atkins stated positions can be frozen. Timmins stated Council would be consulted regarding filling a vacant position. Atkins stated approximately 400 or 480 City employees are Union employees. Council discussed Boyle's position. Horowitz said that some of Boyle's duties are capable of being delegated to a secretary and/or done by greater com- puterization of the department. Larson said the City's legal department does would Timminot have the support s stated more data staff t a willneed to be hat a keptato demo ste law t ate the neediand economic benefit for more staff. Ambrisco stated Boyle is viable to the community. Balmer stated that if legal staff is having problems priori- tizing projects, Council could assist in prioritizing. Horowitz said that a budget line is needed to address problem areas such as computerization. Courtney asked the uton of traffic tickets. if Timmins gasaid pantentry clevel ould jlawyer cob out ould cbei hired similar to what the County does. Larson stated the County does a poor job of prosecuting simple misdemeanors. Timmins noted that some of the workload problems relate to cases being tried at the Johnson County Courthouse rather than the Civic Center. In the past Asst. City attorneys would return to their offices downstairs in between cases. In response to Larson, Timmins said the City closely supervises interns. Larson and Q,' Timmins discussed the issue of charging people with violations under City code versus state code. Larson asked if the City should take back the cases now being handled by David Brown. Timmins stated Brown should still handle the cases that are in the Supreme Court on appeal and the condemnation cases could be handled in-house. Timmins said Council is notified of legal work handled by outside counsel in a form of a resolu- tion. McDonald requested status reports regarding what work is being handled by the Legal Department. Balmer requested information regarding what the City has paid out for outside legal assistance in the past five years. Council agreed to have the City Attorney proceed with a pay increase for Asst. Dick Boyle. j KEGGER ORDINANCE: Reel 88-53, Side 2 McDonald stated that work was done on the proposed Kegger Ordinance in 1984. Atkins stated a Kegger Ordinance would bring control to large i parties and would also aid the local bars and restaurants. Atkins stated staff has reviewed a Kegger Ordinance used by Cedar Falls and Atkins stated now is the best time to initiate a Kegger Ordinance. Council clearlytarticulate what ursue the egthe police policieskins willsbed the City will need to IEMPORARY OUTDOOR -SERVICE AREAS: Reel 88-53, Side 2 i Timmins noted Council received a September 29 memo regarding revisions to Chapter 5. Timmins explained that the State of Iowa will allow an f existing licensed establishment to have a temporary outdoor service area under their existing license, but the State of Iowa will not issue an additional fourteen day license or permit to an establishment that is already licensed. Staff recommends that existing establishments make an ance and Council application following wregulations in the proposed ncilwoulddirectthekClerk to lettertothe Iowa nBeer and i Liquor Control authorizing the temporary outdoor service area. Seasonal i or 14 -day licenses or permits would continue to be issued to a non - licensed holder. Timmins noted that the Temporary Outdoor Service Area Ordinance will include requirements similar to those for the Kegger Ordinance for security officers on duty and trash and toilet facilities. responseIn few nnual eventslike the Regina TFallnFestival. Reginchanges uld have to get raasound music permit and a dance permit. Larson said that rewriting the code as issues arise is an effective to Larsonto , Tle the immins said overall thatoa danceb of writin permit is required only because the previous Council required it. AIRPORT COMMISSION: Reel 88-55, Side 1 Dick Blum presented maps and aerial photos of the airport tand reviewed the history of the airport's planning for addit i nalrrunway length. Blum said the Airport Commission has decided not to extend Runway =-as 06/24 and there is a commitment that the way the airport exists today is how the airport will remain. Blum reviewed the advantages and disad- use vantages for extending Runway 06/24. Ockenfels noted that newer aircraft primary direction commented thatatheand length of Runway ets are 12/30 willased out be reduced andlaw. the FAqus airport property and soutlined to pareas that ort one uare deveiopabllum e. Blum said three things are needed to develop airport property: map of of airport monies, and an aggressive marketing a commitment, investment members, Council members and staff referred to maps and develop- mentdisn. cussedo of airport property. In response to Balmer, Schmeiser said it would cost an estimated $700,000 to extend utilities and roads to the airport some property. Balmer inquired about property taxes and mechanisms ensuring Balmer stat d then City taffefit to ,1ecommunityeecon mi c deort velopment is organizations and the Airport Commission need to all be involved in the development of airport land. Airport Manager O'Neil stated that the airport farms approximately 188 acres but industrial use would bring in more revenue. O'Neil stated the decisions need to be made if development of airport property is going to be actively pursued. I Ambrisco asked if the City will be competing with the development of BDI i are versus airport property. Blum stated that certain types of businesses said there willrt beusignificant and look (or public pinvolvemenrt sites t nvindustr9alAtkins development in Iowa City's future. Balmer said a goal is to see par airport self-supporting. Atkins raised a concern about the major capital commitments where the City would need to use its debt service for airport I improvement. Atkins stated information is needed regarding the airport's the long-term capital plans. Blum said long-term financial commitment from ion administerould be industrialpdevelopment of the airport Horowitz asked who would I there are plenty of economic development organizations in this tcommunity to assist with development of theropert it is for the Airport to stay in compliance with the e�FAAlandated zoning will mneedato i be changed to allow development of the airport property. Atkins stated he will meet with Ron O'Neil and Patt Cain to outline a plan for development of airport property. COUNCIL TIME/AGENDA: Reel 88-55, Side 2 I. (Agenda Item 6A - Geri Hall's Senior Center Commission resignation) Ambrisco referred to correspondence received from Geri Hall and questioned the time commitment encouraged by Senior Center staff. He noted the suggestion by Hall to recruit retired people. Ambrisco stated a Commission member's duties are primary advisory and commis- sions should be open to people of all ages and not limited to persons who are retired or 55 years and older. Ambrisco requested City Manager to contact Geri Hall. a�5 6 2. Regarding Council goal setting session - October 11, 1988. Horowitz stated that question 02 do we wish to undertake a review of environ- mental regulations should read: Do we wish to implement environmen- tal regulation policies that exist? 3. Horowitz reported she met with University Vice -President Phillip Jones, and he asked to work with the City on issues relating to alcoholism in this community. 4. (Agenda Item 3f(3) - Parking prohibition between Carousel Motors and Highway 1 West) Horowitz stated she met with Traffic Engr. Brachtel regarding Carousel Motors signs and the decision that "no parking signs" should be removed. Both Carousel and the City understand the area is to remain clear. 5. Ambrisco stated the August 10, 1988 minutes of the Board of Adjust- ments were too long. Schmeiser stated the Board of Adjustment minutes are sometimes used in legal proceedings. Council agreed to schedule an informal discussion regarding Board and Commission minutes. 6. Karr noted an informal Council meeting is scheduled October 31 - Halloween night. Council agreed to reschedule that meeting to Tuesday, November 1, 6:30 p.m. 7. in response to Karr, Council members stated it was not necessary to wait until after January elections to hold a joint meeting with the Johnson County Board of Supervisors. Karr stated Johnson County Board of Supervisors are considering scheduling a meeting around November 30. Councilmembers should contact Karr with agenda items. 8. McDonald noted Council's goal setting session is scheduled October 11 and Council members should contact him regarding any additions to the agenda. APPOINTMENTS: Riverfront Commission: 1. Doug Jones 2. Al Rebal Meeting adjourned at 8:45 p.m. _—ai� 9