Loading...
HomeMy WebLinkAbout1988-11-15 Council minutesInformal Council Session November 1, 1988 Informal Council Session, November 1, 1988, 6:30 p.m., in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Balmer, Larson, Courtney, Horowitz, Ambrisco. Staff present: Atkins, Helling, Boyle, Karr, Cain. Tape-recorded Reel 88-58, Side 2, 570-1; Reel 88-57, Side 2, End -590. ADDITIONS TO AGENDA: Reel 88-58, Side 2 Atkins stated a resolution was added to Council's agenda regarding filing an application to the State to receive a grant; Iowa City and ICAD representatives have been working with representatives from Central States Can Company regarding the possibility of Central States Can Company locating a manufacturing plant in Iowa City; and ICAD has received a Letter of Intent from Central States Can Company and Silgan Container Corporation of California. Atkins said the Letter of Intent spells out a number of obligations and contingencies and also indicates that Iowa City has been selected and a recommendation has been made to the respective board of directors of the companies to locate the manufacturing plant in Iowa City. Atkins stated the company represents an $11 million investment and will locate at the BDI Industrial Park. Atkins said the resolutions would authorize filing of the application for a $300,000 forgivable loan and $50,000 local match in the form of a loan to be repaid to the City over a five year period. Atkins commended work done by Ray Huston, Patt Cain and Iowa -Illinois Gas & Electric Company. McDonald stated this will be a tremendous benefit to our area. PLANNING & ZONING MATTERS: Reel 88-58, Side 2 A. Beagle stated the Planning & Zoning Commission will consider on November 3 its recommendation to Council concerning the proposed land use change and the applicant has requested expedited consideration. Horowitz asked if consideration has been given to potential for increased traffic and the traffic patterns. Beagle said area residents are not as much concerned about the project's design as they are concerned about traffic safety. Beagle said there have been major discussions regarding the proposed access out onto the highway and the traffic problems. Beagle said the Planning & Zoning Commission has prepared a proposal. Beagle explained a traffic study was completed last year by Jeff Davidson and City staff which indicated that currently North Dodge Street is experiencing relatively free traffic flow conditions. Beagle said that except for peak periods, side streets are moving quickly. Horowitz raised concerns about the traffic problems during peak periods. INFORMAL COUNCIL SESSION NOVEMBER 1, 1988 PAGE 2 3 C. 19 See above item A. Beagle said the right-of-way was platted in 1911 and runs parallel to Dill Street. Beagle said the applicant, Dr. Jack Moyers, one of five abutting property owners, desired to construct an addition on the rear of his property and was constrained by setback limitations. Beagle explained that because of steep slopes in the right-of-way currently serves as a drainageway, there is not a likelihood the right-of-way would ever be improved to serve as a public street. Beagle said City staff and the Planning & Zoning Commission have recommended to approve the vacation. Courtney asked about an abutting property owner's concern about access. Boyle said the property can be sold subject to an easement for access and drainage. Beagle explained the access can be provided at the time of disposition. Larson questioned the objection by Marlene Perrin. Boyle explained she will need an easement to cross the right-of-way to enable use of her driveway and the abutting property owner is responsible for maintenance of the right-of-way. In response to Larson, Boyle said there will be no detriment to Perrin's property if the easement is obtained. Larson asked who would purchase the right- of-way. Beagle said all property owners abutting the right-of-way have agreed to purchase their frontage along the right-of-way. Larson and Boyle discussed the location of Perrin's property. Beagle said City staff and the Planning & Zoning Commission recommend against the rezoning and Comp. Plan changes. On October 6, the Planning & Zoning Commission recommended, on an affirmative motion, to deny the amendment by a vote of 1-6 (Clark voting in favor). Beagle reviewed the proposed expansion of the University of Iowa Credit Union. Beagle said the expansion would provide for relocating teller facilities and an additional 1,700 square feet of office space. Beagle said staff and the Planning & Zoning Commission objected to the proposed Comprehensive Plan change. Beagle said the present mixed land use and high density residential land use classification boundary was established to provide a suitable transition between two incompatible and conflicting land use classifications. Beagle explained if the City allowed the mixed land use associated with the CB -2 zone to extend over to Johnson Street, INFORMAL COUNCIL SESSION NOVEMBER 1, 1988 PAGE 3 it would subject the residential to higher levels of intensity mixed land use classification. zoning, any use of the property established and development other could be experienced. E. See above Item D. F. neighborhood east of Johnson Street and activities associated with the Beagle noted that with the CB -2 as permitted in the zone could be than the drive-thru teller facility Beagle said the amendment would provide for where light manufacturing is allowed in the Intensive Commercial Zone and clarify that use can have an accessory use. In response to Horowitz, Boyle said the accessory use provision states that for commercial uses in the CI -1 zone you may have the following accessory uses and there is no provision in the Code that allows any accessory uses for manufacturing uses in the CI -1 zone. G. PUBLIC NEARING ON AN nRniNANrF Tn AMFNn TMc crcu D[CIIIATTAuf Ar TUC Beagle said IDOT had cited Bill Boyd, owner of the Expresstop adjacent to the Highlander Inn on Highway 1 North, to relocate or remove the existing Phillips 66 sign which is adjacent to the interstate; Boyd's application to the Board of Adjustment for a variance was defeated; and therefore, a request was made to amend the Sign Regulations to allow for one sign per property located within the Highway -Commercial zone. Beagle said the Planning & Zoning Commission recommended on a 3-2 vote approval of the proposed amendment and staff did not recommend approval of the amendment. Beagle said the applicant has requested expedited consideration. Courtney asked how much property is affected by the proposed amendment. Beagle said it primarily applies to Highway 1 North and I-80 interchange. In response to Courtney, Beagle said the amendment would not affect the Dubuque Street and 380/I-80 interchanges. Larson asked why Iowa City sign restrictions would not apply all along I-380. Beagle said I-380 south of I-80 is designated as South 218 and there are no parcels along South 218 zoned Highway - Commercial. Courtney noted that there may be airport restrictions relating to signs along South 218. In response to Horowitz, Beagle explained that Boyd was trying to indicate to interstate motorists that he does have a business and that his business is open. Larson said that in ten years there may be other properties affected by the proposed amendment. INFORMAL COUNCIL SESSION NOVEMBER 1, 1988 PAGE 4 H. Beagle stated that the revised ordinance received by Council applies to the interior lots and it satisfies the intent of the ordinance if 150 actual feet is maintained between two signs. See above Item G. COUNCIL TIM IAGENna. Reel 88-58, Side 2 1. Horowitz asked the City Manager to invite Loren Hershberger and Nagle Lumber to attend the Comprehensive Plan meeting. 2. Larson asked Traffic Engr. Brachtel to study the intersection of Melrose and Grand regarding facilitating pedestrian traffic. Atkins said the intersection may justify a stop sign and Brachtel will prepare a report. 3. Horowitz said there was an article in the Des Moines Register about the Iowa State University Cooperative Extension Service $500,000 grant to interesteduino participating.ton lling esaidthee. ould obtaindfurther information. Horowitz said Board and Commission members may also be interested. 4. Balmer referred Councilmembers to the October 26, 1988, memo from Roy Justis regarding BTC's decision regarding the non-profit organization to manage and operate cable channel 26. Balmer stated he agreed with Broadband Telecommunications direction as outlined in the memo. 5. Balmer referred Councilmembers to Public Works Director Schmadeke's 10/27 memo regarding the wastewater treatment project. Balmer asked if Iowa City is eligible to receive State and/or Federal funds. Atkins said the City spent money to have value engineering done; the value engineering identified the potential for cost savings in the overall project; and the value engineering now needs to be incorporeceiveated into the project. so a funds IrAtkins o i sponse toBalmer, Atkinssaidther e $65,000 will come out of the bond proceeds. 6. (Agenda Item No. 14 - UDAG/Holiday Inn) Courtney asked for an explanation regarding this item. Atkins explained that the Holiday Inn is completing financing for their expansion project and a subordinate requirement was required for the $2.5 million in additional debt. Atkins said the UDAG loan agreement was also revised, changing the City's share from 25% to 18-1/2%. Thirdly, Atkins said a parking agreement was reassigned. In response to Larson, Atkins reviewed the City's involvement with the UDAG program. INFORMAL COUNCIL SESSION NOVEMBER 1, 1988 PAGE 5 7. Horowitz noted that the Airport Commission passed a resolution to accept the grant offer from FAA without City Council consideration. Atkins said the Airport Commission is a separate and independent body and does not need Council action. Asst. City Attorney Boyle explained Council action is necessary to sell land. APPOINTMENTS: Parks & Recreation Commission 1. Karen Hradek 2. Todd Welk Human Rights Commission 1. Terry Powell 2. N.F. Mims 3. Jason Chen Board of Adjustment 1. Arleigh Clemens The meeting adjourned at 7:20 p.m. ' i, F OFFICIAL MWIL ACTIONS - 11/1/88 The cost of publishing the following proceedings b claims is $ . Cmulative cost for this calendar year for said publication is Iowa City City Council, reg. mtg., 11/1/88, 7:30 p.m. at the Civic Center. Mayor M:Donald presiding. Councilmaubers present: Aibrism, Balmer, Caurtnu, Horowitz, Larson, M o nald. Absent: Now. The Mayor was presented with the fiat food beg for the upcoming Scouting For Food Program sponsored by the Boy Scouts. Scouts will harp a bag from each door in the community asking for a food contribution to the Ias City Crisis Center. The Program will run November 12-19. The Mayor proclaimed YWTH APPRECIATION HEDC- Noveiber 6-12, 1988. Moved and seceded that the follodrg iters and reramendations in the Consent Calendar be reoeived, or approved, &*or adopted as amended: Approval of Official Actions of the regular meeting of 10/1$/88, as published, subject to correction, as recmmanded by the City Cleric. Minutes of Boards and Carmission: Airport Carm. - 9/15, 9/22, 9/29, 10/11; Civil Service Cam. - 9/22; Housing Cann. - 10/11; CCN Cam. - 9/27, 9/28; Historic Preservation Corm *3, 10/12; Riverfrant Cam. - 9/28; P8Z Cam. - 10/6, 10/20; Design Review Cmm. - 10/20. Permit Motions: Class C Liquor License for The Ground Round, 830 S. Riverside Drive. Class E Beer Permit for Erpresstop, 2595 N. Dodge Street. Application for a refund on a beer permit for 11azzio's Pizza, 1950 Lower Muscatine. Class C Beer R.wndt for Kirbood 76, 300 KiHaood Avenue. Class B Beer Permit for Pizza Hut, 1921 Keokuk Street. Motions: Approving disburse ants in the amount of $3,620,061.76 for the period of 9/1 thru 9/30/88, as recamended by the Finm Director, subject to audit. Setting Public Hearings: To set a public hearing for 11/15/88, to hear ormarts from the public regarding the recommendations by the Committee on Community Needs (CCN) on the use of 1989 Community Development Block Grant (CDBG) funds. Resolutions: RES. 80-218, AC PTING THE SANITARY SEHl71 IEPkmVDiM FOR C*MIA MET, PART 2 - A RESIi»IVISION OF LOT 93 TY'N CAE SLEDIVISION, PART 2. m MINUTES COUNCIL ACTIVITIES MVDHR 1, 1988 PALE 2 correspondence: Moo from the Traffic Engineer regarding parking prohibition on 011% Court; loading zone on Church Street west of Dodge Street; left tun designation at Boyrvm StreM.S. MOW 6. Applications for the Use of Streets and Public Glands: Defenders For Life to pidet at 227 N. D hxp Street on 10/26, approved. Student Video Productions to produce a film project on Court Street west of Madison Street on 10/15, approved. The Mayor declared the motion carried. Moved and seconded to set a public hearing for 11/15, on a resolution to annd the 1983 Comprehensive Plan Update to charge the land use classification of a 16.95 acre parcel southeast of HighvW 1 North between D:h" Road and Hickory Hill Park from Residential at a density of 2-8 ckelling units peracre to Office, Research and Development Center. The Mayor declared the motion carried. Moved and seceded to set a Public hearing for 11/15, on an ordinance to rezone a 16.95 ave parcel located southeast of Highway 1 North behaah Obge Road and Hickory Hill Park from RS -5 to RDP. The Mayor declared the motion carried. A public hearing was held on an ordinance to vacate Loos Street, an unimproved local street, extending between Black Springs Circle and Roder Shore Drive. Marlene Perrin, 212 Ro* Sore Drive, weanod- Tbved and seceded to combine the following public hearings: A public hearing on a resolution to amend the 1983 Cenpreiensive Plan Update to charge the land use classification of 5B & 530 Ioa Avenue and 15 North Johnson Street from Residential at a density of 25+ dwelling units per ave to mhed lard use and a public hearing on an ordinance to rezone 528 & 530 Iowa Avenue and 15 North Johnson Street from RC -20 to CB -2. The Mayor declared the motion carried. The following people appeared: Larry Lynch, Fred Krause, Gary Appleby, ►epesenting the Credit Union; Cecilia Ridgeway, 409 Brawn; Kim Merker, 604 Iowa Ave.; Ginalie Saim, 1021 W mdlavn; Susan LutgenW, 911 Iowa Ave.; Karl Kehler, 19 Evans St.; Leanne Horner, 1485 Valley View; Thetas Scott, P&Z Chairperson; Rob Parker, 409 Blau; Doris Schaal, 511 N. Gilbert. Council accepted correspxdence from: Mrs. Joseph Baker, 30 S. Governor; Gloria Necker an, 922 E. College; Ginalie and Jim Saim, 1024 kioodlawn; Petition from 15 residents opposing the rezoning; Petition from 275 neibers of the Credit Union supporting the hogrst. MOINES ONCIL ACfIVMES MUMElW 1, 1988 PALE 3 A Public ImHrg was held on an ordinance to and the accessory uses section of the Zoning Ordinance to Permit manufacturing uses in camer.-ial zones to have accessory uses. amend the Sigic n hearing was held on an ordinance to gn Regulations of the Zoning Ordinance to permit one large free-staling sign for highway connercial pvperty located near an interstate highway. Moved and seceded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Miayor declared the motion carried. Moved and seceded that the ordinance to amend the Sign Regulations of the Zoning Ordinance to permit are large free-standing sign for highway cam emial property located near an interstate highway, be given seoo d vote for passage. 'Rue Mayor declared the motion carried. The Mayor announced ane vacarcy on the Bd. of Examiners of Plumbers, for a representative of the public to fill a two-year term ending 12/31/90. This appointment will be monde at the 11/29 Council meeting. Moved and seceded to make the following appointments: re-appoint Karen Hradek, 924 Hudson Ave. and appoint Todd Valk, 138 Anhrst Street, to the Parks 6 Recreation Comm. for far-year terms ending I/l/93; re-appoint Terry Powell, 617 Oakland Awanue, W.F. Mims, 1173 Oakes Drive ad appoint Jason Chen, 1182 E. Court Street, to the Human Rights Conon. for three-year terns ending 1/1/92; appoint Arleigh Clem, 513 Terrace Rd., to the Bd. of Mustme t for a five-year term ending 1/1/91. The Mayor declared the motion cabled. Recmmedation from the CCN that St. Clanents Street be designated as a part of the (dental Rehabilitation Program area and as a Meighboriaod Lnprovenent Area for the CDBG program, noted. Council stated the designation would be for the whole street. Moved and seconded to approve the reconme ndation of the Historic Preservation Cmmission concerning the Benton Street Bridle. The Mayor declared the motion carried. Reconmedation of the Riverfront Cmmission noted as follows: That staff be assigned to expedite the developneit of ordinances to implement the policies of Resolution 85-85, ftm Evirarnent Rrlicies, and allow them to be enforced. Robert Waclal, Riverfront Camissioner, appeared and urged Council to place a high priority on review of the MiINTE.S ODKIL ACTIVITIES MDV mm 1, 1988 PAIS 4 Urban 8wiromental Policies so that the work of Urban Environmental Ad Hoc Camdttee would be more Um proposals. IbW and seconded to accept the recomigi n of the Design Review Cm dttee that the City Cancil approve the proposed suing for 110 College Street. The %w declared the Mian carried. Novel and secaded to adopt RES. 86-219, APPROVING AND INTIORIZING AMD DIRECTM THE MAYOR AND CITY UBK 70 ExECM AND ATTEST, RESPECTIVELY, AM 3M ND. 3 TO AGR@QR FUR PROFESSIONAL ENGINEERING AND PIDM IKNNGEIIENT SERVICES, BY AND BETWEEN TIE CITY AND FEITALF 6 I11Df, INC., ALL IN CONNECTION WITH IOWA CITY'S WASTEWATER FACILITIES IMFROVElENfS PROJECT. Novel and seconded to adopt RES. 88-220, RESOIITION OF INTENT TD DISPOSE OF A PORTION OF MADISON STREET RIUIT-OF-WAY KrWEEN M%%ET STEET AND BLDONINGTON STREET. Moved and seconded to adopt RES. 86-221, REQAFSTING A SPECIAL ELECTON TO FILL VACANCIES IN OFFICE CREATED BY TIE RFSIONATION OF TWO AT -LARGE CCUNCILRMBERS. Moved and seconded to adopt RFS. 86-222, AUTURIZING AN ANf UETf TO TIE LEi6AN DEVEI.O W ACTION OWNR MORTGAGE HEIIE WITH MID -CITY WTEL- ASSOCIATES - IOWA CITY, lIE EXECUTION OF CERTAIN DOUKNTS RELATING TO TIE EXRANSICN OF 1[E Im CITY HOLIDAY INN, NO RELATED MYITI RS. Moved and seconded to adopt RFS. 86-223, AUTIIIRIZING OTLETENT OF QUIET TITLE ACTION IN mn'S PARI( ADDITION IN E)(OHMGE FOR SEWER Moved and seconded to- adopt RFS. 88-224, AUDRORIZING 1HE ACQUISITION OF CERTAIN PfOPERTIES, TEIE'ORARY CO 31WION FASDiNTS, AND P90NENT SOB EkT MS FOR 1HE WITUN STREET SINQDNN SO INT3cHn PROJECT, ALL IN C UNCTICNN WITH IOWA CITY'S WASTEWATER FACILITIES RPFU MEMS PROJECT, as mended. Moved and sec=W that UO. 88-3394, NIE DING CPVWTER 5 OF THE CEDE OF OPDIWNNCFS OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ALO)KIC BEVERAGES," BY (1) AM MI G SECTION 5-1 THEREOF TO PROVIDE DEFINITIONS OF RFSTWIVNT IND OF TENPOWNN OUIDOOR SERVICE AREA AND TO LPDITE ODER UINQTIUS, (2) BY AMENDING SECTION 5-6 RELATING TO LYNCIMG PBMEIS FOR LICENSED ESTABLISIMENIS, (3) EN REVFALINI SECTION 5- 33 RELATING 70 11C ORATION OF PRITS AND LICIM, (4) BY A`4OING SECTION 5.41 TO REVISE REOILATIC S REGA I G OUTDOOR SERVICE AREAS, AND (5) BY ADOPTRG NEW SECTIONS 5-45 IND 5-49 THM 5-52 RELATING TO TIE REOAATION OF TDF WRY O1TOOCR SERVICE AREAS AND SEASUYV- No FODUM-DAY LICESES AND PERMITS, IND (6) BY INCORPORATING SECTIONS 5-39 1NROUiO 5-52 MOINES COIICIL ACTIVITIES KNOW 1, 19M PALE S INTO A MEN ARTICLE, ARTICLE III, ENTITLED "OUIM SERVICE AREAS AND SFASCAL F(WEFN-CM LiCDM RD MMITS, be passed and adopted. Moved and secaded to adopt PES. 88-225, RESCINDING REWTICN W. 87-239 AND PRLINIDING FOR ANEWMENTS TO THE SMILE OF FEES FUR TER FRO, WINE MIMITS, AND LIWCR LICENSES, RELATING TO OWN PERMITS. Mrued and seconded to adopt RES. 86-226, MURIZING THE M MISSICN OF AN APPLICATION TO LLE IM DO/WENT OF ECKNIC DEVELOFMNT FOR ICIA CCMNITY UNKC BET MMENT ACCOUNT RMING, IND I MIRING CITY PARTICIPATION OF $50,000 NQL UUN DEVELOMIE NT ACTICN GRANT FOAYNEMS FOR A NEN WILIFACTUUNG FACILITY IN ICiA CITY. M>ved and seconded to adopt RES. 88-227, A MURLZING THE FILING OF AN APPUCIMCi 10 RHE 10A DEPARTMENT OF TRRSPORTATICN RAIL ASSISTANCE PROGRAM. Moved and seconded to adjourn to executive session to discuss a public eiployer, strategy regarding collective bargaining with City eiployee organizations; as such discussion is exeipted fron the provisions of Chapter 21 according to Chapter 20.17(3). For a more detailed b conplete description of Council Activities 8 Disbursements, see Office of City Cleric and Finance Deparbnmt. s/JGM CR sMWIAN K. KAM, CI17%L � �O �(! Sdmitted for Pubication - 11/10 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES November 1, 1988 Iowa City City Council, reg. mtg., 11/l/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, Melling, Boyle, Karr, Beagle, Schmadeke, Fosse, Rockwell, Cain. Council minutes tape recorded on Tape 88-59, Side 1, 454 -END, Side 2, END -1; 88-60, Side 1, 1 -END, Side 2, END -1. The Mayor was presented with the first food bag for the upcoming Scouting For Food Program sponsored by the Boy Scouts. Scouts will hang a bag from each door in the community asking for a food contribution to the Iowa City Crisis Center. The Program will run November 12-19. The Mayor proclaimed YOUTH APPRECIATION WEEK - November 6-12, 1988. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of 10/18/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commission: Airport Comm. - 9/15/88, 9/22/88, 9/29/88, 10/11/88; Civil Service Comm. - 9/22/88; Housing Comm. - 10/11/86; CCN Comm. - 9/27/88, 9/28/88; Historic Preservation Comm. 9/26/88, 10/12/88; Riverfront Comm. - 9/28/88; P&Z Comm. - 10/6/88, 10/20/88; Design Review Comm. - 10/20/88. Permit Motions: Approving a Class C Liquor License for The Ground Round, Inc. dba The Ground Round, 830 S. Riverside Drive. Approving a Class E Beer Permit for B.J. Enterprises dba Expresstop, 2545 N. Dodge Street. Approving an application for a refund on a beer permit for Johnson-Purdon Restaurants, Inc. dba Mazzio's Pizza, 1950 Lower Muscatine. Approving a Class C Beer Permit for Inland Transport Co. dba Kirkwood 76, 300 Kirkwood Avenue. Approving a Class B Beer Permit for Pizza Hut of America, Inc. dba Pizza Hut, 1921 Keokuk Street. Motions: Approving disbursements in the amount of $3,620,061.76 for the period of 9/1 thru 9/30/88, as recommended by the Finance Director, subject to audit. Setting Public Hearings: To set a public hearing for 11/15/88, to hear comments from the public regarding the recommendations by the Committee on Community Needs (CCN) on the use of 1989 Community Development Block Grant (CDBG) funds. Resolutions: RES. 88-218, Bk. 99, p. 218, ACCEPTING THE SANITARY SEWER IMPROVEMENTS FOR CAMBRIA COURT, PART 2 - A RESUBDIVISION OF LOT 93 TY'N CAE SUBDIVISION, PART 2. MINUTES COUNCIL ACTIVITIES NOVEMBER 1, 1988 PAGE 2 Correspondence: Memo from the Traffic Engineer regarding parking prohibition on Olive Court; loading zone on Church Street west of Dodge Street; left turn designation at Boyrum Street/U.S. Highway 6. Applications for the Use of Streets and Public Grounds: Defenders For Life to picket at 227 N. Dubuque Street on 10/28/88, Court approved. a film rtStreetstudt west of Madison rsonStr et on 10/1Productions to produce /88 c approved. project on Aff e roll call s rset. TheivMayordeclared the motion ncarried'and Orep atedall othe �public rhearingnas set. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 11/15/88, on a resolution to amend the 1983 Comprehensive Plan Update to change the land use classification of a 16.95 acre parcel southeast of Highway I North between Dubuque Road and Hickory Hill Park from Residential at a density of 2-8 dwelling units per acre to Office, Research and Development Center (Iowa City Press -Citizen) The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 11/15/86, on an ordinance to rezone a 16.95 acre parcel located southeast of Highway 1 North between Dubuque Road and Hickory Hill Park from RS -5 to ROP (Iowa City Press -Citizen). The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. A public hearing was held on an ordinance to vacate Loos Street, an unimproved local street, extending between Black Springs Circle and Rocky Shore Drive. Marlene Perrin, 212 Rocky Shore Drive, appeared favoring the request as long as some provision was included protecting the easement for a driveway for two residences. The Mayor stated the matter had been discussed at the informal session and staff will research further. Moved by Horowitz, seconded by Balmer, to combine the following public hearings: A public hearing on a resolution to amend the 1983 Comprehensive Plan Update to change the land use classification of 528 & 530 Iowa Avenue and 15 North Johnson Street from Residential at a density of 25+ dwelling units per acre to mixed land use and a public hearing on an ordinance to rezone 528 & 530 Iowa Avenue and 15 North Johnson Street from RNC -20 to CB -2 (University of Iowa Credit Union). The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. The following people appeared: Larry Lynch, Fred Krause, Gary Appleby, representing the Credit Union; Cecilia Ridgeway, 409 Brown; Kim Merker, 604 Iowa Ave.; Ginalie Swaim, 1024 Woodlawn; Susan Lutgendorf, 911 Iowa Ave.; Karl Kahler, 19 Evans St.; Leanne Horner, 1485 Valley View; Thomas Scott, P&Z Chairperson; Rob Parker, 409 Brown; Davis Schaal, 511 N. Gilbert. Council accepted correspondence from: Mrs. Joseph Baker, 30 S. Governor; Gloria Neckerman, 922 E. College; Ginalie and Jim Swaim, 1024 Woodlawn; Petition from 15 residents opposing the rezoning; Petition from 275 members of the Credit Union supporting the request. The Mayor announced that the matter would be voted upon at the 11/15 Council meeting. MINUTES COUNCIL ACTIVITIES NOVEMBER 1, 1988 PAGE 3 A public hearing was held on an ordinance to amend the accessory uses section of the Zoning Ordinance to permit manufacturing uses in commercial zones to have accessory uses. No one appeared. A public hearing was held 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. No one appeared. Moved y ordinances t beconsideredseconded red andvoted Horowitz on forfinalhpassage at twoat the rule eCouncil meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Horowitz, that the 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, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. The Mayor announced one vacancy on the Bd. of Examiners of Plumbers, for a representative of the public to fill a two-year term ending 12/31/90. This appointment will be made at the 11/29/88 Council meeting. Moved by Ambrisco, seconded by Horowitz, to make the following Welk, 138 Amhurst Street, et, tooint retherParks &2Recreationve. and Comm. forpoint four-year terms ending 1/1/93; re -appoint Terry Powell, 617 Oakland Avenue, W.F. Mims, 1173 Oakes Drive and appoint Jason Chen, 1182 E. Court Street, to the Human Rights Comm. for three-year terms ending 1/1/92; appoint Arleigh Clemens, 513 Terrace Rd., to the Bd. of Adjustment for a five-year term ending 1/1/94. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Councilmember Courtney requested an update on the status of newspaper vending machines. The City Manager reported a meeting had been held with representatives of the newspapers, a design had been submitted for new containers, and requested two more weeks for additional follow-up. Horowitz complimented the Children's Reading Program and requested stricter enforcement of the speeding laws around the Woodside Place area. Ambrisco noted the increased water and sewer bills in the community and asked for citizen patience while the City explored metering water to a winter usage rate. The City Manager noted that the increase was necessary to meet regulations for the Clean Water Act. Larson noted the Scouting for Food Program being conducted by area Boy Scouts 11/12-11/19 and encouraged citizens to support this food drive for the Crisis Center. The Mayor noted that Council would not be holding their meeting scheduled for 12/27. MINUTES COUNCIL ACTIVITIES NOVEMBER 1, 1988 PAGE 4 Recommendation from the CCN that St. Clements Street be designated as a part of the Rental Rehabilitation Program area and as a Neighborhood Improvement Area for the CDBG program, noted. Council stated the designation would be for the whole street. Moved by Ambrisco, seconded by Horowitz, to approve the recommendation of the Historic Preservation Commission concerning the Benton Street Bridge. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Recommendation of the Riverfront Commission noted as follows: That staff be assigned to expedite the development of ordinances to implement the policies of Resolution 85-85, Urban Environment Policies, and allow them to be enforced. Robert Wachal, Riverfront Commissioner, appeared and urged Council to place a high priority on review of the Urban Environmental Policies so that the work of Urban Environmental Ad Hoc Committee would be more than proposals. Moved by Horowitz, seconded by Balmer, to accept the recommendation of the Design Review Committee that the City Council approve the proposed awning for 110 College Street. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt RES. 88-219, Bk. 99, p. 219, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, ADDENDUM NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING AND PROJECT MANAGEMENT SERVICES, BY AND BETWEEN THE CITY AND METCALF 8 EDDY, INC., ALL IN CONNECTION WITH IOWA CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88-220, Bk. 99, p. 220, RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF MADISON STREET RIGHT-OF-WAY BETWEEN MARKET STREET AND BLOOMINGTON STREET and setting public hearing for 11/15. 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. 88-221, Bk. 99, p. 221, REQUESTING A SPECIAL ELECTION TO FILL VACANCIES IN OFFICE CREATED BY THE RESIGNATION OF TWO AT -LARGE COUNCILMEMBERS for 1/10/89. Affirmative roll call vote unanimous, 6/O, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES. 88-222, Bk. 99, p. 222, AUTHORIZING AN AMENDMENT TO THE URBAN DEVELOPMENT ACTION GRANT MORTGAGE NOTE WITH MID -CITY HOTEL ASSOCIATES - IOWA CITY, THE EXECUTION OF CERTAIN DOCUMENTS RELATING TO THE EXPANSION OF THE IOWA CITY HOLIDAY INN, AND RELATED MATTERS. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. MINUTES COUNCIL ACTIVITIES NOVEMBER 1, 1988 PAGE 5 Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-223, Bk. LACK'S PARK ADDITION IN EXCHANGE IFOR NG SEWER EASEMENT ETTLEMENT OFQUIET TITLE and L Mrs. CharlesBSkaugstad). 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. 88-224, Bk. 99, P. 224, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTIES, TEMPORARY CONSTRUCTION EASEMENTS, AND PERMANENT SEWER EASEMENTS FOR THE BENTON STREET SANITARY SEWER INTERCEPTOR PROJECT, ALL IN CONJUNCTION WITH IOWA CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT, as amended. Staffinember Fosse requested that the exhibit attached to the resolution be amended to show a value adjustment for the Standard Station and Hartwig Motors. Moved by Horowitz, seconded by Ambrisco, to approve the amendment. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Affirmative roll call vote on the amended resolution, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, that ORD. 88-3394, Bk. 29, p. 36, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 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 REVEALING 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 SECTIONS 5-45 AND 5-49 THROUGH 5-52 RELATING TO THE REGULATION OF TEMPORARY OUTDOOR SERVICE AREAS AND SEASONAL AND FOURTEEN - DAY LICENSES AND PERMITS, AND (6) BY INCORPORATING SECTIONS 5-39 THROUGH 5-52 INTO A NEW ARTICLE, ARTICLE III, ENTITLED "OUTDOOR SERVICE AREAS AND SEASONAL FOURTEEN -DAY LICENSES AND PERMITS, be passed and adopted. Councilmember Larson stated his confusion on the retention of City dancing permits. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 88-225, Bk. 99, P. 225, RESCINDING RESOLUTION NO. 87-239 AND PROVIDING FOR AMENDMENTS TO THE SCHEDULE OF FEES FOR BEER PERMITS, WINE PERMITS, AND LIQUOR LICENSES, RELATING TO DANCING PERMITS. The Mayor declared the resolution adopted, 5/I, with the following division of roll call vote: Ayes: Balmer, Courtney, Horowitz, McDonald, Ambrisco. Nays: Larson. Absent: None. Moved by Balmer, seconded by Horowitz, to adopt RES. 88-226, Bk. 99, p. 226, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA COMMUNITY ECONOMIC BETTERMENT ACCOUNT FUNDING, AND AUTHORIZING CITY PARTICIPATION OF $50,000 FROM URBAN DEVELOPMENT ACTION GRANT REPAYMENTS FOR A NEW MANUFACTURING FACILITY IN IOWA CITY. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. MINUTES COUNCIL ACTIVITIES NOVEMBER 1, 1988 PAGE 6 Moved by Balmer, seconded by Ambrisco, to adopt RES. 88-227, Bk. 99, P. 227, AUTHORIZING THE FILING OF AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION RAIL ASSISTANCE PROGRAM. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, to adjourn to executive session to discuss a public employer, strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provisions of Chapter 21 according to Chapter 20.17(3). Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session 9:50 P.M. JOHN MLDONALD, MAYOR MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES November 15, 1988 Iowa City Council, reg. mtg., 11/15/88, 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, Beagle, Milkman, Penney, Schmadeke. Council minutes tape-recorded on Tape 88-62, Side 1, 1-723; Side 2, 723-427. The Mayor proclaimed November 16, 1988, as COMMUNITY READ -IN DAY. Dwight Seegmiller, President of Hills Bank, accepted the proclamation and presented a gift to the Mayor. Moved by Balmer, seconded by Courtney, 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 11/1/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - 11/3/88; Bd. of Library Trustees - 10/27/88; Police and Fire Retirement System Bds.- joint meeting 8/23/88; Bd. of Adjustment - 10/12/88; P&R Comm. - 10/12/88; Human Rights Comm. - 8/29, 9/26/88; CCN Comm. - 10/18/88; Broadband Telecomm. Comm. - 10/20/88. Permit Motions: Approving a Class E Beer Permit for Eagle Food Centers, Inc. dba Eagle Food Center 0157, 600 N. Dodge Street. Approving a Class E Beer Permit for Eagle Food Centers, Inc. dba Eagle Food Center 0220, 1101 S. Riverside Drive. Approving an application for a beer permit refund for 7 -Eleven Sales Corporation dba 7 -Eleven Store 018048, 820 1st Avenue. Resolutions: Bk. 99; RES. 88-228, p. 228, AUTHORIZING THE MAYOR TO SIGN A RIGHT -OF -NAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS. RES. 88-229, p. 229, APPROVING IOWA CITY'S 1989 THROUGH 1994 STREET CONSTRUCTION PROGRAM. RES. 88-230, p. 230, ACCEPTING THE WORK FOR THE SCOTT BOULEVARD IMPROVEMENTS PROJECT. RES. 88-231, p. 231, ACCEPTING THE WORK FOR THE FY89 LANDFILL EXCAVATION PROJECT. RES. 88-232, p. 232, ACCEPTING SANITARY SEWER IMPROVEMENTS FOR FIRST AND ROCHESTER, PART THREE. Correspondence: Allen D. Stroh regarding the proposed rezoning requested by the University of Iowa Credit Union. K.K. Merker regarding the proposed rezoning requested by the University of Iowa Credit Union. Petition signed by 406 people regarding the proposed rezoning requested by the University of Iowa Credit Union. Memo from the Civil Service Commission submitting certified lists of applicants for the following positions: Customer Service Representative- Finance/Treasury; Account Clerk - Finance/Treasury; Senior Accountant - Finance/Accounting; Maintenance Worker III - Public Works/Water; Maintenance Worker III - Public Works/Water; Central Services Clerk- Finance/Purchasing; Operations Specialist - Finance/Data Processing; Maintenance Worker I - Public Works/Streets. Minutes Council Activities November 15, 1988 Page 2 set uppaltable on Cns ityCPlazalaza fromUse whichrtottake orders fora Chrita to stmas Trees as a fund-raiser to benefit several local charities, approved. Applications for Use of Streets and Public Grounds: Palestine Solidarity Committee to have a motorcade in downtown Iowa City at 12:00 noon on 11/15/88, denied. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on a resolution to amend the 1983 Comprehensive Plan Update to change the land use classification of a 16.95 acre parcel southeast of Highway 1 North between Dubuque Road and Hickory Hill Park from Residential at a density of 2-8 dwelling units per acre to Office, Research and Development Center (Iowa City Press -Citizen). Mary Stier, Publisher of the Press -Citizen, appeared. A public hearing was held on an ordinance to rezone a 16.95 acre parcel located southeast of Highway 1 North between Dubuque Road and Hickory Hill Park from RS -5 to RDP. No one appeared. Moved by Ambrisco, seconded by Balmer, that the ordinance to vacate Loos Street, an unimproved local street, extending between Black Springs Circle and Rocky Shore Drive, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved to esoution to amend the 1983 Cmp ehensive Plan eUpdatemtoichangeothe adopt land ruselclassification of 528 & 530 Iowa Avenue and 15 North Johnson Street from Residential at a density of 25+ dwelling units per acre to Mixed Land Use (University of Iowa Credit Union). Individual Councilmembers outlined their reasons for voting against the proposal. Council accepted correspondence from: Monty Monick, 1147 E. Court; Frank Riehl, 630 E. Washington; Gary & Mary Rick, 1027 E. Market; Donald McCloskey, 320 Melrose; Paul Weber, 942 Iowa; Jan Holland, 1039 E. College; Carolyn Hardesty, 109 S. Summit; Ceil Pickering, 417 Crestview; Agnes Kuhn, 1185 E. Jefferson; Jim Maynard, 1909 Winston; Clark Staflay, 701 -18th Ave. (C); Marion Jones; Joan and Gary Snyder; Christy 400 S. JanLee Ga1500aBrookwood;DRobert Kut her,A11334 Bristol; l;Benton; Elizabeth Pechous; Bonnie Rubin; Lisa Ingram, 1905 F Street; Donita Langholdt, 805 Fairchild; Elizabeth and W. Philip Phair, 425 Hutchinson; Lawrence Lynch, Atty. for Credit Union; Patricia Passmore, 1701 Hwy. 1 W; Mary Brummel; Lorna Cress, 604 Beldon Avenue; Teresa Smith, 193 Bon Aire; Herman & Freda Villhauer, 1911 H St.; Mary Fay, 106 Bon Aire; Patty Villhauer, 1417 Ash; Eleanor Kron, 1127 E. Washington; David and Suzanne Koury, 2 Kirkwood Circle; Jeri Knipfer, 4214 Lakeside; Paul Burgess, 1211 Bloomington; Petition from 758 members of the Credit Union supporting the request; Petition from 95 members of the Credit Union undecided/opposed to the request. After discussion the Mayor declared the resolution defeated on unanimous roll call vote, 0/6, all Councilmembers present. I Minutes Council Activities November 15, 1988 Page 3 Moved by Ambrisco, seconded by Horowitz, that the ordinance to rezone 528 & 530 Iowa Avenue and 15 North Johnson Street from RNC -20 to CB -2, be given first vote for passage (University of Iowa Credit Union). The Mayor declared the ordinance defeated on unanimous roll call vote, 0/6, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, that the ordinance to amend the accessory uses section of the Zoning Ordinance to permit manufacturing uses in commercial zones to have accessory uses, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that ORD. 88-3395, Bk. 29, p. 37, AMEND THE SIGN REGULATIONS OF THE ZONING ORDINANCE TO PERMIT ONE LARGE FREE-STANDING SIGN FOR HIGHWAY COMMERCIAL PROPERTY LOCATED NEAR AN INTERSTATE HIGHWAY, be passed and adopted. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 88-233, Bk. 99, p. 233, APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR LOT 1, BDI FIFTH ADDITION, AND LOT 4, BDI SECOND ADDITION. Staffinember Beagle reported that the Planning and Zoning Commission had voted unanimously in favor of the proposal at their meeting the previous evening. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Balmer, that ORD. 88-3396, Bk. 29, p. 38, VACATING A 9,720 SQUARE FOOT PORTION OF THE MADISON STREET RIGHT-OF- WAY BETWEEN MARKET AND BLOOMINGTON STREETS, 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 approve the recommendation of the Planning and Zoning Commission to reduce the speed limit on Highway 1 North south of I-80. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. A public hearing was held on a resolution authorizing conveyance of City property, to -wit, a portion of Madison Street right-of-way between Market Street and Bloomington Street to the University of Iowa. No one appeared. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-234, Bk. 99, P. 234, AUTHORIZING CONVEYANCE OF A PORTION OF MADISON STREET RIGHT- OF-WAY BETWEEN MARKET STREET AND BLOOMINGTON STREET AND APPROVAL OF AGREEMENT FOR SIDEWALK WITHIN SUBJECT AREA. The City Atty. noted an error in the legal description and noted it would be corrected. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Minutes Council Activities November 15, 1988 Page 4 A public hearing was held on the Facilities Plan Update and Environmental Review for the Wastewater System Improvements Project. No on appeared. The City Manager updated Council on the grant eligibility process. Councilmember Horowitz recommended the Facilities Plan Update and Environmental Review document to anyone interested in the subject. The Mayor noted the recommendation from CCN re CDBG funds and stated it would be entered into the record at this time (Item #14a). Recommendations of the Committee on Community Needs that the City Council fund the CDBG projects in the following amounts: Housing Rehabilitation (6 programs) $300,000; Curb Ramp/Sidewalk Installation - $7,000; Cedarwood Neighborhood Center/Headstart - $50,000; Hoover Elementary School Handicapped Ramp and Playground Facilities - $5,000; Youth Services Facility Renovation (Mayor's Youth Employment Program) - $7,675; Hillcrest Family Services Renovation - $25,000; Small Repair Program (Elderly Services Agency) - $6,000; Riverfront/Ralston Creek Cleanup (Mayor's Youth Employment Program) - $4,325; Aid -to -Agencies (specific Agency funding levels to be determined) - $90,000; Disposition - $3,000; Program Administration - $105,000; Planning & Program Development - $12,000; Assistance to Minority and Women Business Enterprises - $2,500; Contingency .- $32,500. The Mayor noted changes after Council informal session of 11/14 as follows: Riverfront/Ralston Creek Cleanup-MYEP from $4,325 to $0 with the understanding that the project would be funded from other funds; Recreation Center Accessibility to Photo and Potter's Studio from $0 to $6,805; Contingency from $32,500 to $30,020. A public hearing was held to receive comments from the public regarding the Recommendations by the Committee on Community Needs (CCN) on the Use of 1989 Community Development Block Grant (CDBG) funds. No one appeared. In response to the Mayor, Karen Kubby, CCN Chairperson, acknowledged that the Commission was in agreement with the Council changes as proposed. The Mayor thanked the Commission for their time and efforts in preparing the recommendations. The Mayor announced one vacancy on the Human Rights Commission for an unexpired term ending 1/1/90. This appointment will be made at the 1/10/89 meeting of the City Council. Moved by Ambrisco, seconded by Horowitz, to appoint Mary Geasland, 53 Regal Lane, to the Sr. Center Commission for an unexpired term ending 12/31/90. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Council noted that no applications were received until 11/15 and encouraged citizens to apply for City Boards and Commissions. Moved by Balmer, seconded by Courtney, to appoint Robert Hicks, 3116 Juniper, to the Airport Commission for an unexpired term ending 3/1/91. The Mayor declared the motion carried, unanimously, 6/0, all Councilmembers present. Horowitz encouarged females to apply when another vacancy comes up. Councilmember Larson reminded the community of the Scouting for Food Program currently being done in the community and urged citizens to participate. Horowitz asked that the open burning of leaves policy be Minutes Council Activities November 15, 1988 Page 5 discussed by Council and noted a number of complaints re the heavy smoke conditions on certain days. The matter will be scheduled for an upcoming informal session. In response to Courtney, the City Manager stated a press release is prepared re City holidays and trash pick-up. The City Manager asked that the matter of land acquisition be added to the reasons for adjourning to executive session after tonight's formal meeting. Moved by Ambrisco, seconded by Balmer, to adopt RES. 88-235, Bk. 99, Pp. LAN 35, FOR ADOPTING COMMUNITY IADEVELOPMENTLA BLOCK ANDRELOCATION (CD G) ASSISTNCE PROGARAM. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 88-236, Bk. 99, p. 236, ISSUANCE OF NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT PROJECT), SERIES 1989, OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, to adjourn to executive session to discuss strategy with counsel on matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph, shall be available for public examination when the transaction discussed is completed; and to discuss as a public employer, strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provisions of Chapter 21 according to Chapter 20.17(3). Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session 8:45 p.m. �,� A. _ _MA MARIAN K. KARR, CITY CLERK Informal Council Discussion November 14, 1988 Informal Council Discussion, November 14, 1988, 6:30 p.m., in the Council Chambers in the Civic Center. Mayor pro Tem Darrel Courtney presiding. Councilmembers present: Courtney, Ambrisco, Larson, Horowitz, Balmer. Absent: McDonald. Staff present: Atkins, Melling, Karr, Timmins, Beagle, Penney, Milkman. Tape-recorded Reel 88-57, Side 2, 590-1; Reel 88-61, Side 1, 1 -End, Side 2, 727-337. PLANNING & ZONING MATTERS: Reel 88-57, Side 2 A. Beagle stated this item is to accommodate a proposal by the Iowa City Press -Citizen to establish a 40,000 square foot printing and publishing facility and the Planning & Zoning Commission and City staff recommended for approval both the Comprehensive Plan amendment and ordinance to rezone the 16.95 acre parcel from RS -5 to RDP. Beagle explained the Planning & Zoning Commission recommended to approve the rezoning subject to: 1) the site's improvement in accordance with the development standards and conceptual Master Plan, 2) submission and approval of grading and erosion control plans prior to site development, and 3) submission of a legal description and deed to dedicate 40 feet of right-of-way on Dubuque Road. Regarding traffic safety, a 42 -foot wide access drive is proposed providing two separate 12 -foot outbound lanes, to facilitate right and left turning movements onto Highway 1. The proposal also provides for a 160 -foot taper for right-hand turning movements into the site and regrading the right-of-way on the opposite side of the highway and removal of a guard rail. The Gatens, Meads, and the Press -Citizen have accepted the proposed improvements in a conditional zoning agreement and it is recommended to the Council. The agreement should be available at Tuesday night's formal Council meeting for consideration by the City Council. Horowitz asked if the Planning & Zoning Commission feels that the Press -Citizen worked with the neighbors enough such as required by a PDH. Beagle stated that he believed so, adding that the Press -Citizen met with many of the surrounding neighbors in advance of the Commission meetings. Horowitz asked if the City has heard from IDOT in terms of whether the speed could be reduced. Beagle stated no, but it is presumed that the Press -Citizen will submit proposals to IDOT regarding the intersection improvements. The Press -Citizen will have to receive authorization from IDOT since it is a conditional zoning. If IDOT will not support any of the highway changes, a modified conceptual master plan will have to be considered. In response to Balmer, Beagle said the Press -Citizen will tap into an existing sewer. There was a question about requiring the Press -Citizen to extend a sewer to Highway 1 North through their property to provide for development capabilities on the other side of the highway, but it was the recommendation of the Planning & Zoning Commission that it not be attached as part of the a9 Minutes Informal Council Discussion November 14, 1988 Page 2 rezoning. Beagle explained they did provide for a 20 -foot sanitary sewer.. easement extending along the probable alignment of the sewer extension and when development occurs on the other side of the highway, the property owner or developer would be required to provide for that extension. In response to Courtney, Beagle said the Legal staff said that the sewer extension could be required now, but both the Planning & Zoning Commission and staff felt that the sewer extension could only be required if this was a subdivision proposal. Beagle said that Legal contends that the proposal is comparable to a subdivision proposal and as a development issue, the City has the right to consider various improvements, etc. to promote the public health, safety and welfare. The Planning & Zoning Commission did not feel that the Press -Citizen should pay a tap -in fee to tap into the existing sewer line and also provide a sewer that wouldn't benefit them. In response to Courtney, Beagle said that in the future a property owner or developer could extend the sewer and request that a tap -in fee ordinance be enacted by the City to reimburse the original developer on a pro rata basis for the extension of that sewer. Horowitz said that this comes down to a question of whether or not in that zone the owner of that property can subdivide for residential houses. Horowitz stated that she was under the impression that you can't do that to the east of the Press -Citizen. Beagle said that the 16.95 acre parcel is divided into a western two-thirds and eastern one-third; the Press -Citizen facility is proposed for the western two-thirds; there is no development proposal for the eastern one- third; and it is not proposed to be subdivided. If the Press -Citizen did subdivide the eastern portion, the sewer extension could be considered. Beagle added that the eastern one-third is included as part of the research development park zoning and cannot be developed without returning for an amended conceptual master plan. Karr distributed maps. Council discussed the sewer placement, sewer easement and future sewer development. Timmins said that he will discuss questions of future sewer development costs with Dick Boyle. B. PUBLIC HEARING ON AN ORnTNANCF Tn RF7nNF A 16.aS ArOF oeorci inrarcn C. R See above Item A. No Council comment. No Council comment. E. ORDINANCE TO REZONE 528 & 530 IOWA AVENUE AND 15 NORTH JOHNSON STREET FROM RNC -20 TO CB -2. (UNIVERSITY CREDIT UNION) (7-8810). -r-OL? Minutes Informal Council Discussion November 14, 1988 Page 3 F. G. No Council comment. (See additional discussion after item G.) No Council comment. No Council comment. E. (CONT'Dl - OR TO REZONE 528 & 530 IOWA AVENUE AND 15 NORTF i JOHNSON STREET FROM RTO 20 TO CB -2 (UNIVERSITY CREDIT UNIONI (Z $ In response to Courtney, Atkins said that no formal traffic studies will be done until a site plan is agreed upon. Courtney expressed concern that Iowa Avenue, Johnson Street and Van Buren Street will have to bear more traffic than they are designed for. Beagle said the Planning & Zoning staff has not yet fully evaluated the site plan as submitted because of the conflict with the Comprehensive Plan and inconsistencies with the established character of the neighborhood. In response to Larson, Beagle said that a conditional zoning i agreement alluding to the site plan would have to be passed to allow the City to have input into the specifics such as drive -up lane relocation. Atkins suggested that the rezoning could be made conditional on a site plan. Timmins said that any agreement may only address conditions such as traffic, but not limiting future uses. Larson said that he is concerned that the rezoning ordinance may pass j without information needed on traffic. Horowitz said that on the I( question of CB -2 zone, you would not be able to say that you can't have auto and truck uses. Horowitz said that the site plan is only specific in what is there and that doesn't mean that once you change the zone that other things would be able to come in. Beagle stated that he would provide additional information at Tuesday's formal Council meeting. Beagle said that the site plan as proposed exceeds the City's maximum curb cut opening specifications. Beagle recommended that if Council wishes to look specifically at the site plan, the Planning & Zoning Commission should be consulted for more i information. Larson suggested that because of possible time constraints, the Credit Union might prefer a vote at Tuesday's formal meeting rather than delay the project. Horowitz said that since the economic value of the Credit Union is going to be enhanced by the project, she would like to know what the economic impact is going to be on the green house adjacent to the property and some of the other houses in the zone. Balmer said that it is difficult to put values on transitional neighborhoods and the Comprehensive Plan is meant to be a guide and not etched in stone. ■ Minutes Informal Council Discussion November 14, 1988 Page 4 H. I. J. Beagle said that Council should receive a staff report providing additional Beaglestated that background there w lltibe aon bspecial out e formalopmeetindevelment grofstthe Planning 8 Zoning Commission the same evening (November 14, 1988) to address this Council approval. Ind responsehotod acting tAtkins said thatiState staff met today to make recommendations for their Thursday meeting. Beagle said that this ordinance presumes that everything with the University is in order. If the agreement concerning disposition of the right-of-way is not in order, staff will recommend delaying consideration. Beagle noted that reducing the speed limit will require IDOT authorization. In response to Ambrisco, Beagle stated the Police Department has not yet been asked for an opinion about the change. In response to Larson, Atkins said the IDOT generally honors cities' hasuests for recommendeda hegchange.limits. studyThe willabei Planning beforeaCommission equest goes to the IDOT. CDBG RECOMMENDATIONS: Reel 88-57, Side 2 Milkman distributed a handout, "Project Recommendations for 1989 CDBG Funding." REC CENTER ACCESSIBILITY TO PHOTO AND POTTER'S STUDIO. Horowitz asked how many handicapped persons will be served by this project. Kubby stated the Rec Center did a special survey and called 15 persons that use the Special Populations Involvement program. The survey demonstrated that many of the people would choose to use one or the other. Horowitz asked if this should be part of Iowa City's responsibility to meet Federal accessibility laws. MAYOR'S YOUTH RIVERFRONT CLEANUP PROJECT. In response to Larson, Kubby said there are other options lable Mayor's Youth if money is not allocated to the Riverfront Cleanup iP oject. Kubby said Mayor's Youth is funded with matching grant monies. r-.-)9 Minutes Informal Council Discussion November 14, 1988 Page 5 CEDARi1DOD NEIGHBORHOOD CENTER. Horowitz asked if CCN was satisfied that the residents of the area had input into the project. Joan VandenBerg said there is high participation in programs by area residents and 50 of 64 families are participating in Cedarwood programs. Larson asked why $50,000 was recommended. Kubby said the $50,000 was recommended as seed money and the $50,000 and land will make applications for additional funding more appealing. Larson asked if City property would be better for the neighborhood center. Atkins said the City considered many uses for the land behind the property located at 1902 Broadway, including filling in the ravine, rechannelizing it, putting in a storm sewer, and building a duplex. Atkins noted Braverman needs land for parking for businesses in the area. Councilmembers discussed funding the proposed neighborhood center. Milkman stated the neighborhood center should not be called the Cedarwood Neighborhood Center because it is intended to serve the southeast area of Iowa City. HOOVER ELEMENTARY SCHOOL HANDICAPPED PLAY FACILITY. Kubby explained Hoover Elementary School originally requested $5,600; $650 was raised through community fund-raising efforts; and therefore, CCN recommended $5,000 allocation. Milkman said staff made the recommendation to allocate $2,500 because it was felt that one-half of the money could be raised from the community and School District. Milkman said consideration was also given to the Davis -Bacon wage requirements and the proposed use of volunteer labor. Milkman stated that CDBG regulations do not allow the use of volunteer labor. Courtney inquired about the labor issue. Milkman explained that school personnel may be able to do some of the work because their wages plus benefits may be comparable to the Davis -Bacon wage scale. Kubby said if Council allocated $5,000 and Hoover uses $650 raised from the community, the project would be fully funded. Guerrin Thompson, Hoover School Principal, stated the term "volunteer labor" is really the School District paid labor and the original ramp was designed to be contracted out and would now need to be contracted out at Davis -Bacon wages. Thompson said the project's first priority was the ramp, the second priority is the swing designated for wheelchairs, and a slide is the third priority. In response to Courtney, Thompson said that additional funds, in addition to receiving a $5,000 allocation, will be needed to complete the entire project because of the Davis -Bacon wage requirements. Larson asked if the project would be completed if only $2,500 were allocated. Thompson said the $25,000 would be applied to ramp construction. RECREATION CENTER ACCESSIBILITY TO PHOTO AND POTTER'S STUDIO. Kubby said the pottery wheels could not be funded with CDBG monies. Larson asked if the City is required by law to make the photo and potter's studio accessible. Milkman said HUD is now requiring the City to prepare a transitional plan to make all City facilities accessible over a period of three years if it is financially feasible. a9 Minutes Informal Council Discussion November 14, 1988 Page 6 Milkman ed to make allocations after uthe 1public hearing abe ausesthe Plaions naneeds to be adopteardinCDd by November 29, 1988. Regarding Mayor's Youth Riverfront Cleanup Project, Milkman explained this project is eligible; however, it is considered a public service and funding must come out of the 15%/$90,000 allocation Aid -to -Agencies. Milkman said the Mayor's Youth Riverfront Cleanup Project could be eligible under the clearance of slum and blight, but it has to occur in a designated urban renewal area such as part of the Lower Ralston Creek Project. Atkins suggested Council could appropriate funds for the Mayor's Youth Riverfront Cleanup from the general budget. In response to Larson, Penney said Mayor's Youth receives $30,000 a year in operating funds the tfl5nse temithnlained teCCN ecomedatiostound$4,32for thMayor's YouthRiverfront Cleanup Project would not need to be taken out of the 15%/$90,000 Aid -to - Agencies monies if it is considered clean-up of slum and blight. Councilmembers discussed CDBG recommendations. Regarding the Hoover Elementary School request, Balmer suggested an additional $2,500 be taken from the Contingency Fund. Milkman noted that the Benton Street Project is a big project and $30,000 is a relatively small contingency fund. Several CCN members agreed that $2,500 could be ( taken out of the Contingency Fund and used to fully fund the Hoover Elementary School Handicapped Play Facility request. Ann Rawlands, CCN member, stated CCN is interested in funding the Mayor's Youth project. Atkins summarized Council's decisions regarding the CDBG and staff recommendations as follows: Hoover Elementary School Handicapped Play Facility - $5,000; Mayor's Youth Riverfront Cleanup Project - $00.00; Recreation Center Accessibility to Photo and Potter's Studio - $6,805; Contingency Fund - $30,000. Atkins said the Mayor's Youth Riverfront Cleanup Project will be addressed during general budget discussions. I Balmer complimented CCN and City staff for work done on the CDBG budget. BOY SCOUTS: Reel 88-61, Side i Courtney welcomed Boy Scout Troop 204. The senior patrol leader from Scout Troop 204 announced that Saturday, November 14, was Scouting for Food Day. KEGGER ORDINANCE: Reel 88-61, Side 1 Atkins said Council received a draft ordinance and the draft ordinance has been reviewed by staff and local bar owners. Atkins said Council also received his November 10th memo regarding Kegger Ordinance/Alcohol Abuse Which attempts to identify not only issues associated with the Kegger Ordinance, but also how the City government regulates alcohol use. Atkins suggested Council review the ordinance and input be received from University officials and students. Ambrisco said he received calls from homeowners that express concerns regarding the requirement for a permit. Atkins said that if folks are going to buy large quantities of alcohol and plan a party, there's got to be a reasonable restriction whereby it does not impose upon the neighbors. Atkins said responsibility needs to be assigned and neighbors' rights protected if there is going to be a big party. Balmer said the proposed legislation is significant. Larson said Z -a9 Minutes Inforral Council Discussion November 14, 1988 Page 7 the draft ordinance goes way beyond what is required to handle parties and the City already has some remedies. Horowitz said an approach of legislation and education is needed. Horowitz said the University, public and Council should work together. Council agreed to Atkins' suggestion to form an ad hoc committee to address the Kegger Ordinance. Larson said the ad hoc address but also the alcohol mp oble so associated lwith bars and oestaurants. AmbKeer risco said a provision in the Kegger Ordinance should make the property owners hold some responsibility for the activities of tenants. Atkins said he will provide Council with recommendations regarding an ad hoc committee. Larson requested information regarding a chronology of how the law has changed regarding serving under -aged persons. UNIVERSITY HEIGHTS MAT RISEY R 6GR EMENT: Reel 88-61, Side 2 Timmins stated he has met with Mr. Leff, University Heights City Attorney, to discuss water/sewer agreement and the City's position was looked upon as fair. Timmins said the agreement establishes the City of Iowa City is operating a water utility in University Heights as a water utility and maintenance rovider d Timmins saidthe bothsewer utility systems wistem and ll be incorpminor orated into the same throughout agreement wa City and University Heights. rate Tinminsucture explainedllthatist at j some point in time, under the agreement, if University Heights brought their sewer system up to an acceptable standard, then Iowa City could eventually accept the sewer system and full responsibility for it. Timmins said the University water/sewer agreement is required by the DNR to allow Iowa City to get Federal funding on the sewer construction portion of the Wastewater Treatment Project. In response to Horowitz, I Timmins said this agreement does not impact on the Facilities Plan Update and Environmental Review the City submitted to the DNR. COUNCIL TIME/AGENDA: Reel 88-61, Side 2 1. In response to Larson, Atkins said he received the note about the alley between Old Brick and the Shambaugh Honors House (off Clinton Street) needing repair. Staff will investigate. 2. In response to Horowitz, Atkins said discussion regarding burning of leaves will be scheduled on an upcoming agenda. 3. Balmer noted the City received October 31, 1988, correspondence from the IDOT expressing appreciation for efforts in work completed by Jeff Davidson. Balmer suggested Council compliment staff for work done. 4. Balmer noted correspondence was received November 4, 1988, from Central States Can Company thanking the City and staff for work done. 5. Balmer raised concerns regarding the status of the Benton Street Bridge. Atkins explained the Advisory Council was unaware that Iowa City had conducted an extensive analysis of the bridge, a meeting has been scheduled on Wednesday in Des Moines to discuss the status of the another study. Horowiit tz stated ears hthere iswill portion of theuired to do north -south r -Z? Minutes Informal Council Discussion November 14, 1988 Page 8 pattern traffic study that needs to be done. Horowitz raised concerns regarding opening the bridge for lanes to traffic without completing a traffic study. Councilmembers discussed traffic issues. APPOINTMENTS: Reel 88-61, Side 2 Senior Center Commission - No applicants; readvertise. Airport Commission - Robert Hicks 3116 Juniper Drive ADJOURNMENT: The meeting adjourned at 8:37 p.m. s'a9