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HomeMy WebLinkAbout1988-12-13 Council MinutesInformal Council Discussion November 29, 1988 Informal Cmbouncil Discussion: November 29, 1988 at 6:35 p.m. in the Council Chaers in the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Ambrisco, Horowitz, Larson, Balmer, Courtney (7:10 p.m.). Staff Present: Atkins, Timmins, Helling, Karr, Smith, Schmeiser, Schmadeke, DeLong. Tape Recording: Reel 88-61, Side 2, 337-1, Reel 88-63, Side 1, 1-571, Planning & Zoning Matters: A. B. C. 0, Reel 88-61, Side 2 Schmeiser said that the City owns 50 feet of right-of-way in front of Robo Car Wash that was initially meant for the frontage road which would have been the extension of Hollywood Boulevard. A similar right-of-way was abandoned for the construction of Hy -Vee. Schmeiser said more information will be available at the next Council meeting. Schmeiser said that Highway 01 improvements at the intersection of the drive into the new press -citizen facility has boon reviewed by the resident engineer of this 100T and a review by the Ames 1001 should be completed within a few days. Schmeiser reported plans include a right turn taper into the sight. Horowitz asked if the City has asked absut reducing the speed limit. Atkins said the request has already been made. Schmeiser said the Presatitizen will be requesting expedited consideration of the rezoning. See above item b. in response to Calmar, Schmeiser said that Marlene Perrin's concerns will be addressed it tR+ €line Of disPositian of tiro craaoerty by establishment and retention of easements. E. No comment. F. No comment. Solid Waste Management Issues: Reel 88-61, Side 2 McDonald noted that Councilmembers received memos from Councilmember Horowitz and City Manager Steve Atkins in the 11/23 packet, Horowitz explained that the State and Federal EPA have set out a hierarchy; (1) Horowitz stated that volume reduction at the source is addressed through public education by the media. People often buy toxic or non - biodegradable products. The second hierarchy is recycling or reusing, which includes composting, and can be encouraged by public education and developing markets. The third hierarchy is waste energy, refuse derived fuel production. The fourth hierarchy is combustion of refuse for volume reduction. The fifth hierarchy is mono -fill landfills. Horowitz stressed that hierarchy should be considered in terms of its impact on Iowa City. Horowitz stated that Iowa City is responding to the Department of Natural Resources and stated that a consultant has been hired by the East Central Iowa Council of Governments. Plans are to have three options from the consultant in about six months. Horowitz stated that she will continue to provide information to Councilmembers. Atkins stated he would like to develop a landfill usage agreement with all users of the landfill, Atkins stated currently there are Approximately 150 business and governmental agencies that have charge accounts at the landfill. The agreement would outline landfill hours, costs, policies, and what would be accepted and rejected. Atkins stated Iowa City landfill costs are currently near the lowest in the state and those costs are going to go up. Atkins stated the state's per -ton landfill tax will drive up tto cost dramatically in the next three to four years, in response to McDonald, Atkins stated an egr*ement with the charge account customers would minimize the shock when fees begin to scar. Horowitz stated that she would like to see the City use recyclable paper and construction companies use biodegradable packaging to help control the landfill, Balmer euggeated making any landfill agreement simple and easy to understand. Atkins explained that the current draft apreament spells out current rules without dramatically changing the service. Atkins said the agreement would provide s uniform way to change pol ley In accord with state mandates and provide Increased public awareness, Atkins and Horowitz strasiid tfi: wi of ue ftderti government: It, response to Larson, Atkins said the proposed study by JCCOG would initiate a proem Of change, Balmer net•A that it is very important to establish a relationship with the Un Wersity,In response to Larson, Atkins said the state law currently requires the city to take care of its own waste and that a regional authority could be created to run several landfills, Ambrisco stated that last summer, an incorrect rumor circulated about kitchen appliances no longer being legally recycled. Ambrisco added that more restrictive rules could result in more roadside trash. Atkins stated that one day each week a City crew collects irresponsibly dumped garbage. Horowitz said positive incentives must exist for cooperation. Atkins noted the importance of letting legislators know about unique problems such as the University's medical waste and its need for an incinerator. Horowitz said the University is asking for public response to site selection for an incinerator. Atkins said that someone in Public Works discovered that many businesses that used to accept waste automobile oil no longer do so. Atkins proposed establishing a waste oil reclamation point at the Public Works yard. Horowitz said that she has received requests for a glass recycling point for non-refundable bottles. McDonald directed Atkins to proceed with necessary contractual agreements for the landfill and establishment of a waste oil reclamation shed. Council Time/Agenda: Reel 88-63, Side 1 I. (Agenda Item #2.8.4. - Riverfront Commission minutes) Balmer noted that in the minutes of the Riverfront Commission meeting of October 19, 1988, fishing access easements by the old sewage plant were discussed. Balmer said that the City Council should inform the Riverfront Commission about the difficulty of obtaining access. Atkins noted that a strip of land owned by Southgate Development on the west side of the River might be an access route. Atkins said that until EPA test results are done on possible leakage from the old landfill, no action should be taken. Balmer recommended staying away from the area. Courtney noted that the University closed access around the physical plant below the dam. 2. Horowitz requested that City Council candidates get a briefing after the primary election as a courtesy. McDonald said something could be put together right after the primary election. 3. Horowitz said that through the JCCOG Technical Advisory Committee she has received four alternatives to the current federal transit assistance allocation formula from Jeff Davidson. She said that all Counciimembers need to see the alternativa's before they are discussed by JCCOG. Horowitz stated that she and Larson will not be able to attend the December 5, 1988, meeting of the Technical Advisory Committee. Horowitz noted that JCCOC has discussed the changed allocation and will discuss it further at their December 14 meeting. Larson said that JCCOG needs to know the entire Council's feellnc about the funding formula. Schmeiaer veld Davidson will present his four alternatives but the decision could be made later. Larson sold the Councilmembers need to understand such issues before voting ou an issue that represents the will of the City. fr S. LarsAparotmentseendiDubuquenit Stroot. Atkins statedli'll 4941 thegwouldii follow-up clean -cat{. 6.E9.4W?!Vfl Reel 88.67, side I 6oerd of f.a*l„+r; of Plumbers - Mike Drock»on 4 Meeting Schedule: Reel 88-63, Side 1 McDonald noted that the joint meeting with the Board of Supervisors will be rescheduled. Councilmembers agreed that there will be no informal December 12, An informal Council meeting will be held at 6:30 p.m. before the formal Council meeting on December 13, 1988. Meeting adjourned at 7:25 p.m. OFFICIAL COLKIL ACTIONS - 11/29/82 The cost of publishing the following proceedings & claims is $_. Cu alative cost for this calendar year for said publication is $_. Iowa City Cancil, reg. mtg., 11/29/88, 7:30 P.m. at the Civic Center. Mayor Md)smald presiding. Councilmwbers present: Amdrisco, Balmer, Corhry, Horowitz, Larson, McDonald. Absent: Nome, Moved and seconded that the follcwing items and recartmendations in the Consent Calendar he received, or approved, ardor adopted as presented: Approval of Official Actions of the regular meeting of 11/15/88, as published, subject to a:Yection, as recarmended by the City Clerk. Minutes of Boards and Caomissions: P&Z Comm. - 11/14, 11/17; Bd. of Adinsiormt - 11/9; Riverfnnt Come. - 10/19; Cantil Goal Setting Session - 10/11; Historic Preservation Comm,. 11/9; Sr. Center Cann. and Cotncil of Elders - joint mtg. 9/19; Airport Corm. -special mtg. 10/20 and regular mtg. 10/20. Permit Motions: Approving a Class B Beer Permit for Rocky Rococo's, 118 S, Dubuque Street. Approving a Class E Liquor Licemp for Randall Foods, 1851 Lrmr Rucatine W. Approving a Class C Beer permit for East-West Oriental Foods, 624 S. Gilbert Street. Approving a Class C Ligpr License for The Sanctuary Restaurant, 405 S. Gilbert, Motions: Approving disbrsements in the out of $4,169,007.80 for the period of 10/1 thru 10/31/88. Correspondence: Moro from the Civil Service Cam. submitting a certified list of ol applicants ica is for the WatDivision. itn of TreatncYmt Plant Applications for the Use of Streets and Mlic Grounds: Parch of Olins ahlk Arnica to be held on 4/21/89, approved. Mail Borns, Etc., to Qut lights on the rrw++bs on city property adjacent to the building. approved. Tho Mayma' declared the m otim urrtod. Moved and socordod to wt 101 is Haring for lt/I3/8B, on an ordinance 10 wA'& a portion of eawess rift -of -►ay on this 4aM side of U.S. 111*04y 6 immediatelyy nurth of Roti) Car Wash, Tip Mkmr dociuW the mmtlon armed. Moved 4d &-a*6 to Adopt 1U. 8&237, MID tit 19M GOi'R D61VE 21/41 "It 10 OWa 11: tjib USE CMIFICAII(IN 9 A Ss4&_ AX �kd ZMRST Or HIGb AY 1 RAIN N1WI114 MD41 POO 411) 1110M HILL MW Fitt pts►t><lf A AT A DN511Y iI 2-6 WIN UNITS PER KK t9 I"la, RfSUlBfH No DiVEl0i44NT DMIR, Minutes Council Activities November 29, 1988 Page 2 Mbved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at vihich it is to be finally passed be suspected, the first consideration and vote be waived and the second consideration be given at this time. The Mayor declared the motion carried. Moved and seceded that the ordinance to rezone a 16.95 acre parcel located southeast of Highway 1 North between Dudxque peal and Hickory Hill Pais from FS -5 to IEP, be given second vote for passage. Moved and seconded that the ordinance to vacate Loos Street, an unimproved local street, extending between Black Springs Circle and Rocky Shore Drive, be given second vote for passage. The Mawr declared the motion carried, Moved and seconded that the ordinance to amend the accessory u%es section of the Zoning Ordinance to permit manufacturing uses in comemial zones to have accessory uses, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded to adopt RES. 88.238, SETTING FORM KASOMS FOR THE DENIAL OF REZCNItG OF PPDPf1CiY LOCATED AT 523 ND 530 ICI A AVENIE AND 15 NORM JCI#0 STREET. Daniel Hall, rep. Broadband Telecanmmications Cormission, alerted Council and the public of the establishvt of a nor -profit organization initial Board of Directors to help shoe the f ire of cable N Public charnel 26 and encouraged interested individuals to apply. Charlie Ruppert, 1406 N. DubuxMre {N„ fp ared re improvements made at the intersection of Wy 1 and Dub4e Pd. The Mlyor annanced the following vacenclos: Broadband Telecom. Cann. - are vraprcy for a Orae - year term ending 3/14/92; Airport Canm. • as vacancy for a six-year term ending 3/I/9fi; CiI Cama. - throe vacxretes for thrm•year temp tiding 1/1Q/B9, ocetlrq the tltyscomcill mule at the Moved and seconded to int Mike Drockmn, 111 N. Govmrer, to the Dl. of Baninai of P106*4 as a repwintative of the public for a tvo•yr4e term Ing i01/90. The Maya' drelarod On anti n carried. Can[ilasirar Aabrlsco rated an article In the recent Issue of theandRrso utlons rawIra re Legislative MUllfy and 190009. Ablow comntod an the Impact such 4.110eti!rr w mild Mw m !* t t!)rary !bard AM the At�port Camuissiaa. Tho » stared rho matte' w111 be idled for 011cussion Mme the Ceurti lagislativo pamittao mxrfs with area IayLlalr&t early 16 idr yw. Aalmr WWW <d,VLm !s rice Benton Sinal Iklrlar PrlDjKt and ectad Nat Un City Minutes Comeil Activities Pap NDvenber 33 29, 1989 doanent stadies and writ alrea* dne to Fkp. Nagle and Senators Grasssley and Harkin in hopes of craving this prgject along relative to federal itsdirg. the Mayor stated the joint City/County wetirg xtubled has been resdneduled to Thursday, 12/15. He also appointed John Balder to the &an Services Hearing Carmittee and Rawly Larson to the Legislative Cmdttee to fill vacancies created by the resignation of Comcilmenber Dickson. Moved and seconded to adopt RES. 68-239, AURDRIZING THE MAYOR AND CITY CLEW TO SIGN A PARTIAL HELM OF REAL ESTATE N GHf FOR LOT 1 B.D.I. FIFA{ AUDITION No kMMZI G THE CITY MAH W TO EXECUTE SLCH RELEASES IM THE FUTK. Moved and seconded to adopt RFS. 89-240, AUTM7RIZRG FILINI OF A COMM DEVELMfllf I1LM CRNNT PROMM STATDW FOR 19W TINIER TIE MUSINI AN) MKNM 11EVELORENT ACT OF 1914, AS MMED TNClt'DIhC 41. UIDESTANDINGS AND ASSLWZ HWIN NO OMWi$ESIGWJI G X CITY a AS TIE A1111i1RI7ED CNIEF EXECUTIVE OFFICER FOR 1HE fAIVNT. Moved and seconded to adopt RES. 88-241, AUG PWESSIONAL DESIGN SERVICES CONTRACTS FOR THE ACOITICiN AN) RfMUELING O THE POLICE NO FIRE STATION AT THE IoA CITY CIVIC CDN1Eii. _Mored and seconded to adopt RES. 0242, NO THE C T CLUK TO ATTESi A CNIPACT FOR THE KYOR TO THE 00611MON OF 1FE U.S. 6 AHD KEWX STREET INTERSECTION DEHIMW PRUCT, Moved ad $¢carded to adopt PES. 0243, RECIAGSIFYItG POSITIONS IN TRE WW, DIVISION AFD THE ACMNFIiG DIVISION. Fload and secadod to defer and sdmdsle for informal disausim the ordinance Aroding Chapter 9.1 Entitled •City Plaza" of the Cada of OdKOnoas of 6 City of Iowa City, Iowa, by Amending Section 9.1.74) therein to provide for an additional "tied use of the City Plau to be used for the solicitation of Rods for the benefit of N;n-Profit to idians. The Mayor doclarW the wtlan Moved and sewrdod to adjourn 8;20 p.m. the kw doclared the notion carried. for a ¢ora detailed 6 wryIOrta oncri fon of CWril Activities & Oisixasmmts, sai flat of city Liar* Ord Finm IlepertwA. O�,]aN 30""60 N�pIM K. K", CI U.fA[ X;;1"✓ R ttted for "licatlm . 1 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES November 29, 1988 Iowa City Council, reg. mtg., 11/29/88, 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, Schmeiser, Shaffer. Council minutes tape recorded on Tape 88-62, Side 2, 421-1; 88-64, Side 1, 1-391. Moved by Ambrisco, seconded by Balmer, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Actions of the regular meeting of 11/15/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: PBZ Comm. - 11/14/88, 11/17/88; Bd. of Adjustment - 11/9/88; Riverfront Comm. 10/19/88; Council Goal Setting Session - 10/11/88; Historic Preservation Comm. - 11/9/88; Sr. Center Comm. and Council of Elders - joint mtg. 9/19/88; Airport Comm. - special mtg. 10/20/88 and regular mtg. 10/20/88. Permit Motions: Approving a Class B Beer Permit for Pan Style Pizza Corporation of Iowa dba Rocky Rococo's, 118 S. Dubuque Street. Approving a Class E Liquor License for Randall's International, inc. dba Randall Foods, 1851 Lower Muscatine Road. Approving a Class C Beer Permit for Inn Ho Shinn dba East-West Oriental Foods, 624 S. Gilbert Street. Approving a Class C Liquor License for INC., Limited dba The Sanctuary Restaurant, 405 S. Gilbert. Motions: Approving disbursements in the amount of S4,I69,007.80 for the period of l0/1 thru 10/31/88. Correspondence: Memo from the Civil Service Comm. submitting a certified list of applicants for the position of Treatment Plant Operator - Water Division. Applications for the Use :,f Streets and Public Grounds: March of Dimes Walk America to be held on 4/23/89, approved. Mail Boxes, Etc„ to put lights on the shrubs on city property adjacent to the building OPProved. Affirmative roll call vote unanimous, 6/0, all Councllmembers pre+sont, The Mayor declared the mOtlon Carried. Moved by Balmer, seconded by Larson, to set a public hearing far 12!13/88, on an ordinance to vacate a portion of excels right-of-way on the south stdo Of U.B. Highwy g, immedsetely north of Aobe Car Wash, ihr Meyor declared the motion +tarried unanf present. mousiy, 6/0, all Councilmambers Minutes Council Activities November 29, 1988 Page 2 Moved by Balmer, seconded by Ambrisco, to adopt RES. 88-237, Bk. 99, p. 237, AMEND AND USE CLASSIFICATION UPDATE983 COMPREHENSIVE PLAN ACRE PARCEL SOUTHEASTOF HIGCHANGE THE L HIGHWAY 1 NORTH ION OFABETWEEN 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). Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on far final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Horowitz, that the 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, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Ambrisco noted correspondence received by individual Councilmembers acknowledging the efforts of the Planning and Zoning commission throughout the process. Moved by Balmer, seconded by Ambrisco, that the ordinance to vacate Loos Street, an unimproved local street, extending between Black Springs Circle and Rocky Shore Drive, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Balmer, 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 second vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. pp 9g, pMoved 8 by EITINGnFORTH REASONSseconded bFOR0THEIDENIAL OFto REZONINGOF PROt RES. PERTY LOCATED AT $26 AND 630 IOWA AVENUE AND 15 NORTH JOHNSON STREET (Universit Credit Unlonl'Affirmative roll call vote unanimous, 6/0, all Couneilme®bies -peasant. The Mayor declared the rvt,Dlution adopted. Daniel Hall, rap. Broadband Telecommunications {ommission, alerted Council and the public of the establishment of a non-profit organization Initial Board of Directors to help shape the future of cable TV Public channel N and encouraged Interested individuals, to apply. Forms are available from the City Clerk with the Aeadllna of 12/11. Charlie Ruppert, 1106 N. Dubuque Rd., apppeared re Improvaeients made at the intersection of Hwy. I and Dubuque Rd. The Rayur inncuncad the f0110w1ng vlc!ntiel' Rrgidbfnd 10 oeaean, Comm, • one vaancy for a three-year tors, on4iny 3114192, AirpoFt Comn.- hne vIC;ncy fora ela•y+iear term ending 3/11981 ((N COM, • three vacancies for thrso=rear tams, ending 3/1/92. Theit aPfainiwmt. will bs made at the 1/10/6i, aweting of the City Council, Minutes Council Activities November 29, 1988 Page 3 Moved by Ambrisco, seconded by Horowitz, to appoint Mike Oreckman, 117 N. Governor, to the Bd. of Examiners of Plumbers as a representative of the public for a two-year term ending 12/31/90. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Councilmember Ambrisco noted an article in the recent issue of the Iowa Municipalities magazine re Legislative Policy and Resolutions 1988-89 and pointed out resolution N6 dealing with City Government Reorganization by Home Rule. Ambrisco commented on the impact such legislation would have on the Library Board and the Airport Commission and questioned whether the City Council should have a position on such legislation. The Mayor stated the matter will be scheduled for discussion when the Council legislative committee meets with area legislators early in the year. Balmer complimented City employees on their United Way contribution. Balmer raised concerns re the Benton Street Bridge project and asked that the City document studies and work already done to Rep, Nagle and Senators Grassley and Harkin in hopes of moving this project along relative to federal funding. The Mayor stated the joint City/County meeting scheduled for Thursday, 12/1, has been rescheduled to Thursday, 12/15. He also appointed John Balmer to the Human Services Hearing Committee and Randy Larson to the Legislative Committee to fill vacancies created by the resignation of Councilmember Dickson. Moved by Balmer, seconded by Horowitz, to adopt RES, 88-239, Bk. 99, P. 239, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A PARTIAL RELEASE OF REAL ESTATE MORTGAGE FOR LOT 1, B.D.I. FIFTH ADDITION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH RELEASES IN THE FUTURE (Central States Can Co.), The City Manager explained this was necessary to finalize paperwork for land being sold to Central States Can Co. and noted the resolution also authorized the City Manager to sign similar partial releases for lots being sold with regard to mortgages in the future, 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. 88.240, 8k, 99, P. 240, AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT FOR 1989 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMEND% INCLUDING ALL UNDERSTANDINGS AND ASSURANCES THEREIN AND DESIGNATING THE CITY MANAGER AS THE 010017f0 [MICE• EXECUTIVE OFFICER fOR THE GRANT, Affirmative roll call vote unanimous, 6/00 all Councllmembers present. The Mayor declared the resolution adopted. pp Moved by Balmer, seconded by Courtnay to adopt RES, 80.241, 8k, 99, AN0241 11166tlINbNOFPRTHESSIONAL POLICE ANDGFIRERSiAIION�At THE IOWATHE CITY �CIViC CENTER to Janice, Sweet (contract documents production manager)) -114,000; Howard A, Green (oechanical/olectrical engineering services) -121,8121 and IIW Assoe14ta&/Van Winkle 4 Hart fn laaariag (structure) en91netr114 services) 4111,1100 The City Manager stated monies would be taken from the contingency f9M arta outlined the procedure for selecting the throe firm,. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor ns€lerad the resolution adopted: Minutes Council Activities November 29, 1988 Page 4 Roved by Ambrisco, seconded by Courtney, to adopt RES. 88-24z, Bk. 99, P. 242, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT, Metro Pavers, Inc., $104,984.95. 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. 88-243, Bk. 99, p. 243, RECLASSIFYING POSITIONS IN THE PARKING DIVISION AND THE ACCOUNTING DIVISION, Maintenance Worker I -Parking changed to Maintenance Worker -Traffic and Accountant changed to Senior Accountant. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to defer and schedule for informal discussion the ordinance Amending to 9.1, Entitled "City Plaza" of the Code of Ordinances of the City of Iowa City, Iowa, by Amending Section 9.1-7(a) therein to provide for an additional permitted use of the City Plaza to be used for the solicitation of funds for the benefit of Non -Profit Organizations. Council requested the matter be scheduled for informal discussion to allow staff time to research registration of non-profit organizations. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Larson, seconded by Courtney, to adjourn 8:20 p.m. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. JOI1N MCOONALD, MAYOR MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES December 13, 1988 Iowa City City Council, reg. mtg., 12/13/88, 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, Cain, Schmeiser. Council minutes tape recorded on Tape 88-64, Side 1, 391 -END and Side 2, END -1; 88-42, Side 1, 1-226. Peg McElroy, Iowa City Hospice Road Race Director, presented to the City Council the Iowa City Hospice Road Races Award, and noted that there were 717 participants that raised $60,709 for United Way agencies. Council acknowledged the work done by Ms. McElroy and community volunteers. 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 11/29/88, as published, subject to correction, as recommended by the City Cl erk. Minutes of Boards and Commissions: Police and Fire Retirement Systems Bds. - joint mtg. 9/27/88, 11 29/88; Police Retirement System Bd. - 11/8/88; Design Review Com. - 11/17%88; Sr. Center Comm. - 10/17/88; P&R Comm. - 11/9/88; Riverfront Comm. - 11/16/88; Civil Service Comm.- 11/17/88; P&Z Come. - 12/1/88. Permit Motions and Resolutions: Approving a Class C Liquor License for Gabe's Inc. dba Gabe's-Oasis Bar, 330 E. Washington. Approving an outdoor service area for Gabe's-Oasis Bar, 330 E. Washington. Approving a Class C Liquor License for Yen Ching Restaurant, Inc. dba Yen Ching Restaurant, 1803 Boyrum Street. Approving a Class C Liquor License for Inn Ho Shinn dba Aoeshe Restaurant, 624 S. Gilbert. Approving a Class E Beer Permit for Randall's International, Inc. dba Randall Foods, 1851 lower Muscatine Road. Approving a Class C tiquor License refund for EAL, LTD dba Tic Tr -c, 223 L. Washington Street. RES. 88.244, Bk. 99, p. 244, ISSUING A DANCING PERMIT. Approving a Special Class C Beer/Wine Permit for Binh Van Nguyen dba Liberty Restaurant, 1568 S. First Avenue. Resolutions, Bk. 99, RES. 80.245, p. 245, AMENDING THE POLICY AND LEVEL OF SERVICE STATEMENT FOR SNOW AND ICE REMOVAL, RES. DO. 246, p. 246, ACCEPTING THE SANITARY SEWER STORM SEWER AND PAVING IMPROVEMENTS FOR SOUTHWEST [STATES SUBDIVRION, PART THREE AND PART FOUR, RES, 08.247 p. 247, ACCEPTING THE SANITARY SEWER IMPROVEMENTS AND A PORTION 0? THE STORM SEWER AND PAVING IMPROVEMINIS FOR =U711WEST [STATES SUBDIVISION. PART TWO, REB, 88.24&, pp. 248, ACCEPTING TIL[ SANITARY SEWER, STORM SEWER AND PAVING IMPROVEMtNTS FOR IMPERIAL COURT TNnUSTRiAt PARK, Minutes Iowa City City Council December 13, 1988 Page 2 Setting Public Hearings, Bk. 99: RES. 88-249, p. 249, TO SET A PUBLIC HEARING FOR 5:30 P.M. 12/21/88, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTHEAST INTERCEPTOR SEWER PROJECT. RES. 88-250, p. 250, TO SET A PUBLIC HEARING FOR 5:30 P.M. 12/21/88, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BENTON STREET INTERCEPTOR PROJECT. RES. 88-251, p. 251, TO SET A PUBLIC HEARING FOR 5:30 P.M. 12/21/88, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SLUDGE FORCE MAIN PROJECT. Correspondence: Halvor E. Scott regarding repairs of sidewalks. IDOT regarding a bridge deck repair project on I-80 with the City of Iowa City. Memo from the Traffic Eng. regarding parking prohibition on Walden Road. 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 Horowitz, to set a public hearing for 5:30 p.m. on 12/21/88, on an ordinance to rezone property located at 1476 First Avenue from I-1, General industrial to CC -2, Community Commercial. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Horowitz, seconded by Courtney, to set a public hearing for 1/10/89, on amendments to the Zoning Ordinance to eliminate certain child care providers from the regulations for child care facilities and to extend the hours for home occupations. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. A public hearing was held on an ordinance to vacate a portion of excess right-of-way on the south side of U.S. Highway 6, immediately north of Robo Car Wash. No one appeared. Moved by Balmer, seconded by Larson, that ORD. 88-33970 Nk. 29, p, 39, 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) be passed and adopted. Councllmember Horowitz questioned If a :•espense had been received from IDOT re lowering of the speed limit, the C2ty Mangger responded the letter had been sent two wooks ago and staff will follow,up. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Horowitz, that ORD. 89.1396, Ak. 29, P. 40. VACATE LOOS STREET. AN UNIMPROVED LOCAL STREET, EXTENDINL DE71VIEEN OLACK SPRINGS CiRCLE AND ROCKY SHORE DRIVE, be passed and adopted. Affirmative roll call vote unanimous, 6/o, all Councilmembers present. The Aayor declared the ordinance adopted. Minutes Iowa City City Council December 13, 1988 Page 3 Moved by Horowitz, seconded by Ambrisco, that ORD. 88-3399, Bk. 29, p. 41, AMEND THE ACCESSORY USES SECTION OF THE ZONING ORDINANCE TO PERMIT MANUFACTURING USES IN COMMERCIAL ZONES TO HAVE ACCESSORY USES, be passed and adopted. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-252, Bk. 99, p• 252, AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR IOWA -ILLINOIS GAS $ ELECTRIC AT 1630 LOWER MUSCATINE ROAD. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Jean Hood, Vice -Chairperson of the Senior Center Commission, reported on the services, programs, and projects mentioned in the December Senior OST. Councilmembers noted appreciation for being invited to the volunteer recognition banquet and the work done by the Commission. A public hearing was held on Intention to Issue Industrial Development Revenue Bonds (Michael Development Project). No one appeared. Moved by Ambrisco, seconded by Balmer, to adopt RES. 88-253, Bk. 99, p. 253, PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $3 MILLION AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT PROJECT) SERIES 1989, OF THE CITY OF IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Airport Zoning Bd. of Adjustment - one vacancy for a five-year term ending 2/26/94; Historic Preservation Comm. - two vacancies (one for a Summit Street District representative and one at -large) for three-year terms ending 3/29/92. These appointments will be made at the 1/24/89 meeting of the City Council. Councilmember Larson noted the memo from the City Manger re street storage of vehicles during the upcoming holidays and reminded citizens leaving town to maks thi hiciaiary arrangements to have cars stored off the streets. Balmer acknowledged the recent report dealing with lower income home ownership in the City and noted that home ownership is a concern of Council and that maybe the City could be of assistance. Ambrisco stated he had recelvad a number of calls re the increase In the cable television rates and said that Council had no ability to regulate the rates. Horowitz reminded people of a Planning and toning Commission meeting scheduled for It/i1 dealing with the peninsula area and the Inner City area and urged citizens to attend{ noted the City would be conducting a City Council Candidates Workshop at 1:00 p.m, 12/191 and questioned If there was in evaluation mechanism for the Transit information Center located in the Old Capitol Ca-fitee that would allow oot y for a Natlunal Lozguo of Cities award. Staff will investigate.. Courtncy noted the announcement of a new busineaa along Hwy, t and asked for a fellow -up Minutes Iowa City City Council December 13, 1988 Page 4 of the traffic solution. Courtney reported on the National League of Cities meeting that he and Councilmember Horowitz attended. He reported audiotapes are available regarding drug abuse and stated that the City's pilot program with a community relations officer in the Police Department is timely. McDonald noted that the Bd. of Supervisors had contacted him for a Councilmember to serve an the Joint Job Training Board. Council agreed to appoint Susan Horowitz to the joint Board. The City Manager stated he had received a letter from the Bd. of Supervisors requesting a City representative be appointed for the E911 Service Board. Council agreed with the City Manger recommendation to retain Fire Chief Larry Donner on that Board. �I Councilmember Horowitz requested that a traffic count be made on Kirkwood Avenue before and after the opening of the Can Company on that I end of Iowa City. Staff will follow-up. The Mayor noted the recommendation of the Design Review Committee that the Iowa -Illinois Gas & Electric Company transformer proposed for East Washington Street be installed underground. Staffinember Patt Cain present for discussion. The following people appeared: Tom Hoogerwerf, Iowa -Illinois Gas & Electric; Naomi Novick, Design Review Committee; Peter Hayek, rep. Hayek, Hayek, Hayek and Holland. After discussion, moved by Ambrisco, seconded by Balmer, to approve the installation of the transformer as proposed by Iowa -Illinois Gas 6 Electric on the surface. The Mayor declared the motion carried, 4/2, with McDonald and Horowitz voting "nay." Council directed Iowa -Illinois to work with the City Parks Department and the Design Review Committee for landscaping the area surrounding the transformer. Moved by Balmer, seconded by Ambrisco, to Adopt RES. 88-254, 8k. 99, p. 254, AUTHORIIING THE MAYOR TO SIGN AND TIIE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING, A PROMISSORY NOTE FOR PROPERTY AT 900 CLARK STREET. 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. 88-255, Bk. 99, p. 255, APPROVING THE APPOINTMENT OF LINDA GENTRY AS ASSISTANT CITY ATTORNEY 11 FOR THE CITY OF IOWA CITY, IOWA, at 544,000.00. Affirmative roll call vote unanimous, 6/0, all Councilmembors present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88.256, Bk. 99,p 256, AUTHORIZING THE ACQUISITION Of CERTAIN PROPERTIES, TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT SEWER EASEMENTS, AND ACCESS FOR THE SOUTHEAST INTERCEPTOR/SNYDER CREEK SEGMENT sivro CONITRUCTION PROJECT, ALL IN CONJUNCTION WITH IOWA CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 6/0, all Councllmembers present, The Mayor declared the resolution Adopted. Moved by Ptbr!sre; seconded by Belmar, to Adopt RES. 08-251. 8k. 99, pp 257, RETAININ THE HAYEK, HAY€K, HAYEK AND IM LANG LAW FIRM TO N[PRESENT TIIE CITY 111 THE ACQUISITION of PHOP11111Y AND EASEMENTS IN CONJUNCTION WiTil THE WASTFWATER FACILITIES 114PROVEMENT PROJECT, i Minutes Iowa City City Council December 13, 1988 Page 5 Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Ambrisco, to adjourn 9:05 p.m. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. � N McDONALD, MAYOR MARIAN K.,KARR, CITYCLERK O Informal Council Discussion December 13, 1988 Informal Council Discussion: December 13, 1988 at 6:35 P.M., in the Council Chambers, Mayor John McDonald presiding. Council Present: Ambrisco, Balmer, Horowitz, McDonald, Courtney, Larson Staff Present: Atkins, Helling, Timmins, Karr, Smith, Schmeiser, Vitosh, Davidson. Tape Recording: Reel 88-63, Side 1, 571 -End, Side 2, End -1. Planning & Zoning Matters: Reel 88-63, Side 1 A. Settina a public hearing for December 21 1988 on an ordinance to B. Schmeiser stated the property is located northeast of Eastdale Mall, behind Goodwill Industries and the property is presently zoned 1-1. Schmeiser reported John Moreland, owner of the property, wants to establish apartments above the ground floor of the building. Schmeiser said residential uses are not permitted in the 1-1 zone. Schmeiser said the CC -2 zone is consistent with surrounding proper- ties and the Planning and Zoning Commission will be acting on this request on Thursday. Councilmembers discussed the location of the property. In response to Horowitz, Schmeiser stated Moreland wants to establish an office and place apartments above the office use. Horowitz asked how the property will be accessed. Schmeiser said access will be through officially approved places that are part of the Eastdale Mall drives. Horowitz asked where other residences are located and how close the property is to a child care facility. Schmeiser stated there are no other residences near the proposed use and it would be located close to a child care facility. Schmeiser explained that residential use is not permitted until a special exception is approved by the Board of Adjustment. Balmer asked how many units would be provided. Schmoiser said four residential units will be established. Schmelser explained that when provisions for child care facilities were written several years ago, day care centers with six or fewer children or children tw1ng cared for, for two hours or less In one day's time, ware requiro to be registered facilities. Schmeiser stated that by the definition in the Toning Ordinaner, a child care facility is a state licensed or registered facility. Schmeiser said registered facilities fall under the requirement3 of the Zoning Ordinance. Schmeiser ssid there are a number of registered facill• ties within Iowa City that have been established without approval of I special exception as required by the Zoning Ordh an(a and therefore _7_.1/ C. 0. E. 2 - are illegally established. Schmeiser said the City is proposing, at the request of child care providers, to eliminate the requirement for child care facilities with six or fewer children or children being cared for for two hours or less in one day to not come under the requirements of the Zoning Ordinance. They would still be considered home occupations and would need to be meet the requirements of the Zoning Ordinance for home occupations. Schmeiser said the other proposed change is to allow hours of operation of home occupations to begin at 7:00 AM. Schmeiser said a public hearing for the proposed amendments is scheduled January 10, 1989. Horowitz asked why change the hours of operation to 7:00 AM and not just delete the provision for hours of operation. Schmeiser said the regulations apply to home occupations established within the city. Horowitz said she knows of a child care facility that has responsibility for children overnight. Larson asked if a special category for child care should be created. Horowitz said Council will be confronted with the child care issue again and the subject is being looked at the by the Johnson County Health Planning Board. Schmeiser said Robe Car Wash had initially requested to the state that they sell the right-of-way to the Robo Car Wash to allow for extension of a parking lot and the City has jurisdiction of the right-of-way. Schmeiser said staff and the Planning and Zoning Commission have no problem with vacation of the right-of-way. Schmeiser presented a drawing of the area. Schmeiser said the City's vacation of the right-of-way will allow the state to sell the right- of-way to the Robo Car Wash. Horowitz asked if the state has ever considered enlarging the right-of-way to rectify traffic problems associated with the Gilbert Street and Highway 6 intersection. Schmeiser said this property would not help the Gilbert Street - Highway 6 Bypass intersection. Balmer said Hy -Vee owns the other part of the right-of-way. Horowitz said there is still problems on Gilbert Street and Highway 6. In response to Larson, Schmeiser said the property would go back on the tax roles. Schmeiser said this is the final consideration of this item. 50meiser said that at such tune the right. -of -way Is vac:tid. the City will establish easements for the rights-of-way as requested by several property owners In the area. T- ?/ F. G. M No Council comment. Horowitz asked if the storage facility with a concrete base will displace water. Schmeiser said the engineering division determines if stormwater management is required for a particular project. Horowitz requested staff find out if stormwater management is needed for the project. Balmer asked staff to find out where the displaced water will go. Schmeiser said Council could approve the plan subject to drainage questions being resolved. 1DOT Transit Funding Formula: Reel 88-63, Side 2 Jeff Davidson stated the federal UMTA transit funding is being discussed j tonight. Davidson explained every year JCCOG receives an amount of money from the federal government to be used to operate Iowa City, Coralville and University of Iowa transit systems and in 1982 the JCCOG Board adopted a formula for disbursement of those funds based on a performance-based formula. Davidson said it was considered that the Iowa City and Coralville transit systems have higher operating expenses than University of Iowa CAMBUS transit and it was decided to use operating and maintenance costs together with locally determined income to establish a formula. Davidson stated that the funds are approximate disbursements for the current year are as follows: 60% to Iowa City, 25% to University of Iowa CAMBUS, and 15% to Coralville. Davidson said in the past couple of years, ridership has increased for the University of Iowa CAMBUS and the formula has resulted in CAMBUS receiving a larger share of the money. in August, 1988, JCCOG staff was asked to review the formula. Davidson said the JCCOG Advisory Committee reviewed alternative formulas and voted un- animously to keep the existing formula, Davidson said that tomorrow (12/11) the JCCOG Board will be considering the JCCOG Advisory Committee recommendation and taking action. Horowitz inquired by the multiplier used in the formula. Davidson explained the multiplier is the share of money each transit system receives. Davidson said the factors used are actual factors from the previous year. Horowitz raised concerns that the percentage of money received by Iowa City would continue to be reduced because of the declining ridership. Davidson explained Iowa City's ridership loss this year is much less than in the previous year. Horowitz asked if a formula could be devised that would be an Incentive to increase ridership. Davidson said ridership alone does not increase the amount of money received. Larson asked if there was a way to make the formula tsko into account that CAMBUS does not cherge a fare and CAMOUS riders ride short distances. Davidson said any formula that would use fare revenue as a factor would be to the detriment of CAMBUS. Councilmembers discussed the use and funding of CAMBUS. Ambrisco commented that maybe it should be recommended that CAMBUS service the entire community. Davidson said JCCOC is the proper forum for discussion of but service within the community. In response to Balmer, Davidson explained the federal and state assistance .Z 7/ i -4- for CAMBUS is approximately the same percentage as it is for the municipal systems. Ambrisco noted CAMBUS operation has a distinct advantage because of their lower wage scale. Larson said CAMBUS takes the more premium routes and people chose to ride CAMBUS because it is free. Ambrisco said it is ludicrous to have three transit systems within the area. Davidson explained CAMBUS does not charge a fare because they move large numbers of people very short distances and the amount of time a bus would have to stay at a stop to collect a fare would be a detriment to the system. Davidson said also a security system would be needed if a fare was used. Courtney asked that the University require some type of student or staff ID to use the CAMBUS system. Davidson said JCCOG does not need to take action on the formula until August. Horowitz said JCCOG should consider a formula that would be an incentive to increase ridership. Council directed Davidson to request that JCCOG defer action on decisions relating to the federal UMTA transit funding formula. Council Agenda/Time: Reel 88-63, Side 2 1. Karr reminded Council that a special Council meeting has been scheduled on Wednesday, December 21, 1988, 5:30 PM. 2. (Agenda Item #11 - Design Review Committee's recommendation regarding Iowa -Illinois Gas & Electric Company transformer for East Washington Street.) Karr distributed Patt Cain's November 10th memo regarding the transformer proposal on East Washington Street, noting the original showed more detail than the copies. Meeting adjourned at 7:25 PM.