HomeMy WebLinkAbout1986-05-06 Council minutesInformal Council Discussion
April 7, 1986
Informal Council Discussion: April 7, 1986 at 7:00 p.m. in the
am ers a e vuc Center. Mayor Bill Ambrisco presiding. Council
Council Present: Ambrisco, Strait, Dickson, Courtney, McDonald, Zuber, Baker
p.m.
Staff Present: Helling, Vitosh, Timmins, Karr, Smith, Franklin, Farmer,
onner, a ey, Miller, Trueblood,
Tae Recorded: Reel 86-C33, Side 1, 60 -End, Side 2, 1 -End, 86-C34, All,
86-C35, S e 1, 1 -End, Side 2, 1-11.
Planning & Zonina Matters
A. Public hearing on an ordi
B.
No discussion.
Reel 86-C33, Side I
ie of old uintiw.„ o
Franklin explained the revision prohibits the use of more than one monu-
ment sign on a lot, 36 square feet is the maximum allowable size per sign
face if it were placed 45 feet or more back from the property line, in a
normal sized lot is 40 feet by 150 feet.
C. Continuation of aublic
arae ca a on- esu en
No discussion.
D. Resolution fn a,,,...,.,. L.
Franklin stated the resolution is to approve the preliminaryY Ltof
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Southwest Estates, Part 2, for a 13-10t rural subdivision, Planning
developer paying for a1recommendation ch water main from Hunter'sroval is cRunitoetheoSouth-
west Estates and paying for the complete 31 feet of paving of Phoenix
Drive, and if the City changes it policy to allow lift stations, there
are easements provided to install sewers with costs attributed to the
private property owners. Farmer stated the 12 inch water main will
handle future development needs and another lift station would not be
resolved. s
needed in the near future. Franklin tated all discrepancies have been
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E.
Franklin stated this resolution restates Comprehensive Plan policy, the
1998 date reflects the 1983 Comprehensive Plan update projections for
development of the southwest area, and the Planning and Zoning Conmission
wanted to give notice to people buying lots in the area that there would
not be assessments in the near future for the improvement of Slothower or
tose
roadstupRoads
city standards. Courtney wstated ould not
the Comprehensives e usto Planhfor
the southwest area should be changed.
LSNRDA_ MENDMENTS:
Reel 86-C33, Side _
Franklin reviewed the preliminary and final LSNRD for Blooming Prairie Ware-
house under the current ordinance and a Shive-Hattery development plan for a
BOI industrial park site under the proposed LSNRD amendment. Franklin stated
the LSNRD amendment will not allow developers to vary from the code and
ordinance requirements and the final plan would be approved administratively
if it fell within the boundaries established by the preliminary plan approved
by the City Council.
JOINT SWIMMING FACILITY PROJECT
Reel 86-C33, Side 1
Randy Jordison, co-chair of the swimming pool committee, stated "The joint
swimming pool committee recommends that the swimming pool project, as pre-
sented to the City Council on Tuesday, April 1, be financed by increasing
taxes over and above the tax increase already being planned for fiscal 1987.
That is to say, if the essential City services will cost three or four per-
cent more in fiscal 1987, we will recommend the cost of the swimming pool
project to be in addition to the three or four percent increase. We would
like to ask the citizens of Iowa City whether they are willing to increase
taxes in order to finance a swimming pool project rather than ask them to
finance the project by eliminated essential services already being provided."
Zuber stated that other concerns such as the transit budget and wastewater
treatment facility need to be addressed. Jordison said citizens will be told
jectedwhat h$84,000cmaintenance costs rwilltdne need to be raised at the i eachoyearol r.o3McDonald
asked when details regarding pool usage will be worked out with the Iowa City
School District. Helling stated that a detailed agreement will be established
immediately after the swimming pool project referendum is accepted. McDonald
inquired about the status of the Mercer Park pool. Melling stated Mercer
Park pool will be open this year. Courtney noted that the Mercer Park pool
will be closed after this year. Jordison noted that the Iowa City School
Board is in agreement with the draft of the memorandum of agreement.
CITY INSURANCE PROPOSAL
Reel 86-C33, Side
O'Malley stated City staff was not impressed with results of the insurance
proposal from Penco and, therefore, would like to request a proposal from
Arthur J. Gallagher & Company for a property/casualty risk management program
in order to compare that proposal to the City's insurance under the retro
Plan with Western Casualty.
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Ed Wilson and Carlton Johnson, Independent Insurance Association of Johnson
County representatives, presented information to Council. Wilson explained
the Association was formed 40 years ago for the purpose of collectively
analyzing and recommending insurance solutions to public bodies. Wilson said
the association has markets for municipal insurance and is in a better posi-
tion to serve the City's insurance needs because of the Association's experi-
ence in servicing Iowa City's insurance needs. Johnson stated current
coverage will be renewed June 26 and the Association would like the opportu=
nity to represent Iowa City in making application to the Lloyd's of London
program through Penco. Johnson explained the bulk of the City's premium is
in the excess lines cost over and above the Lloyd's premium; and last year's
costs, the $197,000 was attributed to claim service in Lloyd's primary pro-
gram and $425,000 was attributed to excess costs - excess liability over
Lloyd's primary; Penco has a full-time claims office in Davenport; and the
Independent Insurance Association of Johnson County is close to the tempo of
the City's insurance needs. Johnson noted June 26 is the renewal date and
timing of the application to the Lloyd's program is critical.
Ambrisco asked what next year's premiums would cost if a market for primary
coverage is available. Johnson stated Western Casualty is in the process of
collecting information, premium costs should be set in two weeks, and Western
Casualty does have a primary market available for next year. In response to
Vitosh, Johnson said there could hypothetically be a 35% increase in the
retro with Western Casualty. Vitosh said the City has heard there could be
up to a 200% increase in insurance premiums and the City may need to consider
self-insurance. Vitosh noted that the City has had no problems with the type
of services offered by the Independent Insurance Association of Johnson
County. Ambrisco asked what level of self-insurance would be considered by
Iowa City.' Tinmins stated self-insurance, similar to Sioux City's program
would be considered. Councilmembers agreed with the ad hoc risk management
committee's recommendation to proceed to request a proposal from Gallagher &
Company.
TER
Reel 86-C34, Side 2
Vitosh introduced Evensen-Dodge financial advisors Wayne Burggraaff and Chuck
Upgraff and Ken Haynie, the City's bond attorney.
Burggraaff reviewed the parking revenue bond presale analysis and issue.
Burggraaff stated the size of the issue is $1,575,000 and is being sold by
Iowa City for construction of an additional 223 parking ramp spaces; the
proposed issue is structured over a 15 -year period costing $180,000 per year
for debt service; the issuance of bonds requires the parking utility to meet
a parity test, making it necessary for an independent auditor to provide
certification of the parity test; and the City needs to make application for
a rating on the issue. Burggraaff stated the City must have a rating sepa-
rate from the City's current general obligation bond rating and the previous
security for thegissue parki g rampirevenueabond tissue isutherparkingstated
f a receipts
from the parking utility and therefore, is considered more risky than a
general obligation bond.
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Burggraaff noted that current market conditions for the bond issuance are
very good and 7.75% interest rates on the bonds is anticipated. Burggraaff
said the City will be covenanting to comply with pending legislation in the
offering statement and resolution; the date for the sale is April 15; and a
special Council meeting is scheduled April 15 at 6:30 p.m. to accept the
bids.
Courtney asked what a rating will cost. Burggraaff stated that Moody's bases
their rating fees according to the size of the city and the difficulty of the
rating and the fee should range $3,000-;3,500. Courtney asked if the City
could sell non -rated bonds. Burggraaff recommended selling rated bonds
because of the size of the issuance and Moody's policy to review current
financial conditions for the new issue so as to continue the rating on the
previous issue. Courtney stated the Council should address the use of park-
ing revenue receipts. Ambrisco stated the previous decision to use parking
revenues for transit was an exception and there was not a policy change.
Vitosh stated a preliminary schedule has been drafted for financing the
wastewater treatment facility. Burggraaff stated the schedule is as follows:
rate work by Metcalf & Eddy completed end of April, rate adjustment recommen-
dations submitted early May, and bond sale tentatively scheduled July 8.
Burggraaff said it is important to schedule the bond sale and issuance clos-
ing before the end of August due to pending litigation on tax exempt bonds.
Burggraaff explained the wastewater treatment project could be financed with
zero coupon revenue bonds, straight revenue bonds, or a combination of reve-
nue bonds and GO bonds and a competitive sale or negotiated sale could be
used to offer the bonds. Burggraaff recommended the City conduct a competi-
tive sale because of the City's Aaa rating on GO bonds, the size of the
issuance will attract national markets and competition is keen because of the
recent low volume of bond sales. Ambrisco inquired about the costs associ-
ated for the competitive sale. Burggraaff stated the fee that goes to the
underwriters for investment banking syndicates is distributed in the form of
a discount. Courtney asked if the financial advisor's fee could be eliminated
by utilizing a negotiated sale. Burggraaff explained the City would need
assistance from a financial advisor to handle a negotiated sale and there
would be costs associated with that assistance. In response to McDonald,
Burggraaff stated a negotiated sale is advantageous when dealing with compli-
cated issuances of debt. Burggraaff stated a dutch auction, accepting bids
from underwriting companies in limited increments, is sometimes used for
large issuances.
Courtney noted he has been in contact with Senator Grassley's office and tax
exempt bond legislation may be enacted before September 1. In response to
Strait, Burggraaff stated the issuance for the wastewater treatment facility
will be an estimated $33-34 million.
SIDEWALK CAFES Reel 86-C34, Side 2
McDonald summarized previous Council discussions about sidewalk cafes, stated
that sidewalk cafes would further enhance the downtown area and would offer
something unique and progressive, and suggested trying out the concept of
sidewalk cafes for the first year from May 30 to September 7. McDonald
recommended that stringent guidelines be established to regulate the sidewalk
cafes. Timnins stated that if the City granted permission to establish
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sidewalk cafes, there is a procedure that would require notice to abutting
property owners and the City would want to make a finding that the sidewalk
cafes would not constitute an obstruction. Timmins said that hours of serv-
ice and safety and liability need to be addressed. Timmins noted that State
Code Chapter 123 provides that cities don't have powers to limit the hours of
operation of a liquor establishment and the Iowa Beer and Liquor Control
Department's position is that cities cannot limit the hours of operation. He
has discussed the possibility of controlling the hours of service through
lease agreements with that department and found that acceptable. Regarding
safety and liability, Timmins reminded Council that the City has a
non -delegable duty to keep the public right-of-way open, repaired, and any-
thing that obstructs public use of that public right-of-way is a nuisance.
Police Chief Miller stated that the addition of outside facilities would
necessitate additional policing at a substantial cost. Strait asked if lease
provisions could require the establishment to hire off-duty police officers
to police the area. Miller stated that traditionally Iowa City Police have
handled policing duties within the community. Zuber raised concerns about
the impact on abutting businesses and liability. Timmins stated that regula-
tions do not apply to the Plaza area; outdoor service areas established prior
to 1984 are exempted and Council needs to clearly stated rationale for the
outdoor service area exemptions. Zuber stated that sidewalk cafes should go
through the design review process.
Helling stated sidewalk cafes should be monitored closely, raised concerns
about the pedestrian flow in the Plaza area and restricting access to the
adjoining storefronts, then asked Council to clarify if sidewalk cafes would
be permitted only on the Plaza. Helling suggested that sidewalk cafe permits
be automatically renewed for a second year if there are no problems, similar
to what is done for Plaza vendors. Timmins stated the State Liquor Depart-
ment may take a position that the City cannot diminish the months of opera-
tion and, therefore, the City should only lease for a term of three months
each year.
Majority of Council directed staff to develop the sidewalk cafe concept on
the Plaza only.
COUNCIL TIME/AGENDA
Reel 86-C35, Side 1
1. (Agenda Item /3.c.(2) - Cancel Sunday sales permit for Copper Dollar.)
In response to Strait, Karr stated no communication has been received
from the Copper Dollar regarding Sunday sales permit.
2. (Agenda Item f3.e.(5) - Mel Toomer/insurance limits.) Strait suggested
utilizing the amount of insurance currently used or using $300,000.
Council agreed to have the present requirements remain.
3. Strait asked what action has been taken regarding the problems at the
Yocum construction sight. Timmins stated he will contact Yocum at the
end of the week to ask him to clean up the construction site. Timmins
noted that he and Boothroy are drafting an amendment to the nuisance
ordinance to regulate construction debris on construction sites.
4. (Agenda Item 13.d.(1) & (2) - Resolutions re: sanitary sewer and pave-
ment improvements/Dean Oakes Third Addition.) Zuber requested that the
cost for the work be stated in the resolutions.
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5. Dickson noted that Marge Penney has resigned from the Human Services
Coordinator position. Helling stated staff is reviewing that position.
Dickson voiced appreciation for the job done by Ms. Penney.
6. (Agenda Item /3.e.(3) - Smith request, Fairview Park.) Courtney stated
Smith previously contacted him regarding problems at Fairmeadows Park.
7. Courtney stated there are many abandoned cars located in
First appliestoabandoned arordinance.o' and
6-
staff to take
to the
8. McDonald noted the memo from the City Clerk and asked Council to con-
sider a taxicab driver's request to purchase space on the east end of
the commercial loading zone on the 100 block of Washington Street for a
taxicab stand
cilme sand deeniethe d the area
isistalready congested with
traffic delivery
9. Ambrisco stated the Broadband Telecommunications Commission is holding
attendcthevmeeting.
n Ambrisco and morning
Zuber volunhas teered requested
eredtoCattend mthe
emeers t
meet-
ing.
lo. (Agenda Item b17 - 28E mutual fire aid agreement.) Timmins stated a new
section was added to the mutual aid agreement because the Iowa Code
ister the are-
ment. Tireuires thebe an mninsgnoted that the Johnson nCounty iMutual on to aAid mAssociationgwill
perform that function.
the area on
action as it
Meeting adjourned at 9:35.
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Informal Council Discussion
April 15, 1986
Informal Council Discussion: April 15, 1986, at 6:45 p.m. in the Council
Chambers o e vic en er. Mayor Bill Ambrisco presiding.
Council Present: Ambrisco, Strait, Zuber, Baker, Dickson, McDonald,
Courtney.
Staff Present: Melling, Karr, Smith, Timmins, Vitosh, Franklin,
Schmeiser, Mi man, Rockwell, O'Malley, Moen, Cain, Zehr.
Others Present: Airport Commission: Tiffany, Sokol, Lewis, Ashby.
Tape-recorded: Reel 86-C32, Side 2, 11 -End; 86-C38, all; 86-C39, all;
86-C40, Side 1, 1-19.
ENVIRONMENTAL REGULATIONS: Reel 86-C35, Side 2
Franklin said Council received a March 16, 1986, memo regarding environ-
mental regulations, including the recommendations by the Urban Environment
Ad Hoc Committee and the Planning and Zoning Commission has not reviewed
the recommendations. Strait asked Council to send the Urban Environment
Ad Hoc Commission's recommendations to the Planning and Zoning Commission
for review. Franklin noted the recommendations included a grading and
erosion control ordinance for all land disturbing activities. McDonald
suggested forwarding the Urban Environment Ad Hoc Committee's recommenda-
tions directly to the Planning and Zoning Commission and have them make a
policy recommendation to Council. In response to Ambrisco, Franklin said
Legal staff has received copies of the recommendations. Strait stated
Boyle has attended one-third of the Urban Environment Ad Hoc Committee
meetings and has advised that committee. Zuber and Ambrisco noted con-
cerns about regulating private property. Council agreed to forward the
recommendations to the Planning and Zoning Commission for evaluation to
determine the appropriate scope and to make recommendations to the City
Council.
PLANNING AND PROGRAM DEVELOPMENT STAFFING AND PRIORITIES: Reel 86-C35,
Side 2
Schmeiser asked Council to prioritize PPD's work plan due to the limita-
tion in staff positions and fill the vacant Urban Planner position.
Councilmembers discussed the current workload of PPD. In response to
Strait, Schmeiser stated Des Moines has 52 PPD employees and Cedar Rapids
has six or seven planners compared to Iowa City's three planners.
Helling said staff canreview and prioritize PPG's ongoing activities and
requested that Council defer any decision about filling the vacant posi-
tion until he has discussed the position vacancy with Schmeiser. Zuber
asked for an estimation on the number of staff hours that are needed to
complete each of PPG's activities. Council directed staff to prioritize
the list of PPO activities and return to Council within two weeks with
recommendations regarding filling the vacant position.
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LEASE OF OFFICE SPACE FOR THE PLANNING DEPARTMENT: Reel 86-C38, Side 1
Schmeiser stated the April 11, 1986, memo regarding alternative office
space explains the current condition of the Davis Building. Zuber asked
why the Davis Building has not been condemned. Melling stated the PPD
department needs to move or the City needs to spend additional funds to
improve the condition of the Davis Building. Council agreed with the
recommendation to move the department into the former Elks building across
the street. Schmeiser said a resolution will be presented to Council next
week. Baker asked Schmeiser to consider the use of petitions versus
permanent walls in the new space.
COUNCIL TIME: Reel 86-C38, Side 1
1. Ambrisco stated Council received an April 11th memo from PPD Director
Schmeiser regarding the Human Services Coordinator position and asked
McDonald and Dickson to represent the City Council on an ad hoc com-
mittee to examine that position.
2. Strait referred to the April 19th memo from City Atty. Timmins and
Asst. City. Atty. Brown regarding advertising and the context of the
City's non-discrimination ordinance. Council agreed to Timmins'
recommendation to draft a letter to the local newspapers.
3. Melling stated Council received a March 27th memo from the Public
Works Dept. regarding requests for additional street lighting. Coun-
cil directed staff to proceed with that project.
4. Melling stated Council received City Engr. Farmer's April 11th memo
regarding FY86 asphalt resurfacing project. Helling said staff will
proceed with the asphalt overlay project unless objections are raised
by Council. Zuber asked that designs of the Scott Boulevard project
be made available to area residents. Strait requested that Ridge Road
be widened an additional one foot on the east side.
S. Helling said Councilmembers should contact the City Manager's office
for reservations if they plan to attend the April 28 Southeast Iowa
Municipal League meeting.
6. Karr asked Councilmembers to contact the City Manager's office or City
Clerk's office regarding their vacation or business schedules that
would affect Council meeting attendance. Zuber noted he will be out
of town May 20th. Strait urged staff to deal with the telephone commu-
nications request (electronic meetings).
MEETING WITH AIRPORT COMMISSION: Reel 86-C38, Side 1
Zehr presented a slide presentation about the Airport Master Plan and
stated it is important to complete the compliance project. Strait stated
that he shares many of the concerns raised in the April 15th correspon-
dence from George J. Lopos. Strait also stated concerns about the ongoing
litigation involving the Iowa City Airport and competition with the Cedar
Rapids Airport. Zehr replied that the Master Plan was developed to make
the Airport more safe and viable and to entice noisy aircraft to use a
preferential runway. Zuber inquired about the benefits to the community
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for spending the $800,000 on the compliance project and stated that there
are no guarantees from the FAA for future funding. Luber suggested that
the Airport charge a $10 landing fee. In response to Strait, Lehr agreed
that an estimated one-half of one percent of the Iowa City population are
pilots. In response to Dickson, Lehr stated 10-12 Iowa City businesses
use the Iowa City Airport. Courtney noted that HLM, University Hospitals,
University of Iowa Athletic Department, Sheller -Globe, Thomas & Betts, and
the First National Bank are some of the businesses that use the Airport.
Baker asked how long the north -south runway is and if it is feasible to
extend that runway to the south. Lehr said the north -south runway is 4300
feet and it is not feasible to extend the runway due to the topography,
the quarry, cost to purchase the bowling alley, Protein Blenders, and
sighting constraints. Baker asked what would happen if runway 6/24 was
not improved. Lehr replied that the Airport would remain in non-compli-
ance status, there would not be future FAA funding, there is a congrega-
tion of people in the clear zone that affects liability and the existing
uses should be removed or the compliance project should be completed as
proposed. Baker asked if the Airport Commission and previous City Council
had considered removing the existing business. Lehr stated removing the
uses could cost in excess of $2 million. Baker asked if liability would
be increased if runway 6/24 was not improved. Lehr stated he could not
answer that.
Strait asked if the compliance status would increase economic development.
Lehr said the compliance project would not necessarily create any real
changes but corporate jet aircraft would feel more comfortable using the
airport. Lehr stated that the compliance project will entice the aircraft
to use the preferential noise abatement runway. Dickson asked if there
are plans for a commuter airline service. Lehr replied that there has
been a demand study done on the feasibility of a commuter airline but none
would be established unless Council so directs. Courtney stated that Ray
Muston of First Capitol Development has stated that businesses have indi-
cated a need for quick access in and out of the Airport and two to three
businesses have indicated an interest to locate on Airport property.
Luber asked if the compliance project is being funded with GO bonds.
Vitosh stated that $800,000 of GO bonds were issued in October to extend
runway 6/24. Lehr stated a $286,000 bid was received for construction
costs of the project and that work was originally budgeted at $500,000.
Baker asked if the bonds have been issued but the City has not obligated
itself to spend the money. Vitosh said yes. In response to McDonald,
Lehr stated the Airport receives an estimated $85,000 subsidy per year
from the City.
McDonald asked when the zoning ordinances were implemented at the Airport.
Lehr stated that until 1982 federal law regulated the approach zones, then
the tall structure overlay zoning ordinance and the Master Plan were
implemented in 1982 and the clear zone use limitations were incorporated
in 1983. Lehr explained the FAA recommended the Airport adopt use limita-
tions to restrict residential development. In response to McDonald, Lehr
stated relocation of threshhold to runway 17 was never considered before
the compliance project. Lehr explained that a displaced threshhold cannot
be used for landing and a relocated threshhold cannot be used for take -off
or landing. Regarding compliance status, Lehr explained that the Airport
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has received a letter from the FAA stating that once the compliance pro-
ject is completed the Airport could be considered for grant allocations.
Zehr said that before the compliance project bid is awarded, the Airport
Commission and Council should send a letter to the FAA asking them to
confirm compliance status to the Airport once the compliance project work
is Zehr enxplai ed there arei$7.2rbillaonu int the Aviation availabFAA ility funding.
Strait asked about problems with development of land surrounding the
Airport. Zehr stated that property not in the clear zone does not fall
under use limitation of the Zoning ordinance but height limitations do
apply. In response to Courtney, Zehr said the corporate hangars and
farmland rental generate revenue. In response to Dickson, Zehr stated the
Iowa City Flying Service handles the aircraft parking on University of
Iowa football Saturdays. Ambrisco asked about the role that the Iowa City
Airport serves in comparison with the Cedar Rapids Airport. Zehr
explained the Iowa City Airport does not compete with the Cedar Rapids
airport,andIn responseIowa mto AAmbri co ort is deveZehr said theinto
FAAc promotes orate aviation general
aviation airports but used the Iowa City Airport as an example when they
gave the non-compliance status. Ambrisco stated the Council needs to
consider to what extent Airport property should be developed.
McDonald asked about the impact of the extension project to potential
development. Timmins replied that the farther the runway is extended, the
more land is encompassed, and the greater the impact. Timmins stated
there are unrealized and potential impacts now. Courtney noted that the
Airport does serve the public good but the amount of public good is a
debatable issue.
lt
Airportthen Federalperson governmentaand statedthe
oningr was a not ple-
by
years ago by
mented until 1982. Tiffany said zoning is now in place to make the Air-
port safe and viable and the Airport should be brought back into
suppntbecome
elaborateeligible
expansion offunds.
Airportiisosoftstated City Council
port for the
Ambrisco asked Zehr about the developer's knowledge that the property was
located in the clear zone when they requested the property to be annexed.
Zehr said there was a previous discussion about what approach slope was in
effect when they were annexed. Timmins said that he has not researched
that issue. Timmins stated that part of the land acquisition would be
required even if the runway was not extended. Zuber stated that buying
property in the clear zone is not mandated by the FAA. Zehr said the
Airport Commission needs to know if money is available for land acquisi-
tion. Strait asked to table any decision until Tuesday's formal Council
meeting. Melling stated the City Council has authorized the sale of bonds
for the Timmins stated iathe bondproject
eissue washerefore approvednbutouncil funds are on is still needed.
still inCity
accounts. Zehr stated the funds have already been established in an
account the Airport Commission has access to. Vitosh stated the bonds
have been issued, the bond proceeds have been placed in the City's Bond
Proceeds Fund, and the City has given funds to the Airport Project Fund as
issuanceofthe bonds and on
mtreVe ofthe projects included inthebond
sunaeauthorized
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was the $800,000 for the Airport Compliance Project. Vitosh stated the
Council could change its mind regarding the use of those funds. HelIing
said that if cost of the compliance project is less than estimated, the
remainder of the bond proceeds could be used to retire the bonds early or
for other projects.
McDonald asked to schedule a ten minute discussion at Monday's informal
Council meeting. Strait asked Council to vote formally on the release of
the compliance project funs. Ambrisco asked staff to schedule those
discussions as requested.
Input was received from Dick Blum, President of the Iowa Public Airports
Association. Blum urged Council to consider the impact of State funding,
Airport maintenance costs and safety factors as they relate to the comple-
tion of the compliance project. In response to Ambrisco, Zehr said the
Airport has received approximately $15,000 from the State over the past
five years.
Input was received from John Kinnamon, attorney representing the Iowa City
Airport Alliance. Kinnamon stated the major runway at the Airport, based
on preferential winds, is runway 11-35; there has been no effort to con-
demn the R -Plaza property, and there has been no attempt to determine if
the residential use is a public nuisance and could be abated by police
powers. Kinnamon also raised concerns about safety of the occupants in
the apartments and asked Council to review a brief filed with the City by
him. In response to Strait, Kinnamon said the lawsuit for mandamus action
has been tried, rejected, and is currently on appeal.
In response to Courtney, Zehr said the prevailing winds are out of the
north-northwest, actually favoring 30, and the fact that runway 35 is the
longest and primary instrument runway would also be factors for heavy
usage. Baker asked Zehr to provide runway improvement expenses for the
runways.
Meeting adjourned.at 9:25 p.m.
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Informal Council Discussion
April 21, 1986
InformalCouncil 0iscussion: April 21, 1986, at 7:00 p.m, in the Council
am ers a e Civic enter. Mayor Bill Ambrisco presiding.
Council Present: Ambrisco, Zuber, Strait, McDonald, Dickson, Courtney,
Baker 7:40 p.m.).
Staff Present: Melling, Karr, Smith, Timmins, Franklin, Vitosh, Farmer,
Fosse, Cain, Nugent, Barnes.
Others Present: Design Review Committee: Eckholt, Seiberling, Novick,
Summerwill.
Ta e-r�_ ecorded: Reel 86-C40, Side 1, 19 -End, Side 2 1 -End; Reel 86-C41,
5 ems, �En�, Side 2, 1-239.
PLANNING AND ZONING MATTERS:
A. Ordinance to establish the name of Old Highway 218 South. No discus-
sion.
B. Ordinance to amend the Zoning Ordinance to regulate monument signs in
the CB -10 zone. No discussion.
C. Ordinance to amend Chapter 27, Division 2, Large Scale Non -Residential
0.
UOve to menL Ke ulatlans. FranKlln said comments were receivea at the
arcs an prElth public hearings in favor of the proposed
amendment and the Chamber of Commerce has'requested that readings be
waived.
located n the two-mile extraterritorial jurisdiction of the city
covered by the Area 4 Fringe Policy Agreement, and the Planning and
Zoning Commission reviewed the rezoning requests within the context of
the existing policy. Franklin said Area 4 is currently being consid-
ered for a new policy. In response to McDonald, Franklin said the
County Zoning Commission has forwarded recommendations for a new
Fringe Area 4 Policy to the Johnson County Board of Supervisors and
the Iowa City Planning and Zoning Commission has recommended limited
development with performance standards for Area 4. Franklin said
information should be going to the Fringe Committee within one month.
Strait inquired about the "no" vote by Planning and Zoning Commission
member Susan Horowitz. Franklin said Horowitz voted "no" to indicate
to Dean Oakes that the Commission was aware of his efforts to alter
his development to fit the topography of the property.
NORTH DUBUQUE SIDEWALK ASSESSMENTS: Reel 86-C40, Side 1
Farmer said the project extends from Highway 1/Dodge Street to the exist-
ing pavement at Oakes Drive; costs $212,000 if totally remove and replace;
there are temporary construction easements; a portion of one property will
r-
Informal Council Discussion
April 21, 1986
Page 2
be purchased (Ruppert); and the alignment at Dodge/Dubuque Road and
Bristol/Dubuque intersections will be changed. In response to McDonald,
Farmer stated property owners will be assessed $42,000 for the sidewalk
construction costs. Farmer stated before the project is approved, prop-
erty owners will be notified by certified letters and a public hearing
will be held.
Farmer referred Councilmembers to the assessment schedule as outlined in
Karr's April 18th memo regarding North Dubuque Road sidewalk assessment
calendar and noted that six Councilmembers are needed to adopt a resolu-
tion of necessity or seven Councilmember votes are required if 15% of the
property owners object to the project.
YOCUM PROPERTY: Reel 86-C40, Side 1
Bob Frees presented a petition signed by 82 area residents stating their
objections to the Nuisance and hazardous conditions on the property lo-
cated at Kimball and Governor Street. Strait stated Timmins, Boothroy and
he have all asked Yocum to clean up the construction material on the
property and Yocum has said he will clean up the area. Timmins said any
legal proceedings against Yocum would take a considerable amount of time,
he is working with Yocum to get the site cleaned up, and the City does not
have any standards for maintenance of construction sites. Timmins said he
asked the Building Division to develop standards for the Building Code
regarding maintenance of materials on construction sites. Frees stated
there should be rules and regulations to prevent hazards at construction
sites and to protect neighbors.
COUNCIL TIME:
Reel 86-C40, Side 1
In response to Dickson, Helling said the Traffic Engineer is confer-
ring with the IDOT about markings in the median crossover for the
Sunset Street intersection.
Zuber said he referred correspondence to the City Manager regarding a
complaint that school children were cutting through private property
to get to school.
3. Strait inquired about the status of the taxicab owners' request for
lowering insurance costs. Helling stated Councilmembers previously
decided to not make any changes so no formal action was required.
4. Ambrisco noted that Councilmembers received the April 18, 1986, memo
from City Engr.Farmer regarding FAUS funding being available for the
Dubuque Street Improvements Project.
5. Melling stated Councilmembers received City Engr. Farmer's April 18th
memo regarding railroad crossing improvements and recommended the City
proceed with the improvements. Council agreed to proceed as
proposed.
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Informal Council Discussion
April 21, 1986
Page 3
APPOINTMENTS: Reel 86-C40, Side 1
CCN: Maris Snider.
ION REGARDING DESIGN REVIEW
Reel 86-C40, Side 2
Larry Eckholt, Chairman of the Design Review Committee, presented slides
demonstrating the changes in the exterior of downtown buildings and store
front signage in the 1970's and the 1980's. Eckholt referred Council -
members to his April 18th memo and said Council needs to address what is
the future of the Design Review Committee and the proposal to adopt a
design review code. Joyce Sunmerwill, Design Review Committee member,
stated a design review code would establish a consistent maintenance and
upgrading of the Central Business District, protect neighboring busineses,
and streamline the approval process. Summerwill noted that many communi-
ties already have 'a design review code in place. Naomi Novick, Design
Review Committee member, emphasized that design review should be a formal-
ized process.
Courtney asked what area of Iowa City would be covered by the proposed
design review code. Eckholt explained the current resolution restricts
the Design Review Committee's purview to urban renewal developments and
the City Plaza in the downtown area and to pians involving IRBs. Eckholt
said the Design Review Committee's recommendation is to adopt a design
review code to include the CB -10 and CB -2 zones. McDonald stated the
Design Review Committee and downtown business owners have established a
good relationship and the area reviewed by the Design Review Committee
should be expanded to include all businesses in the downtown area. Eckholt
said the Design Review Committee is not an adversarial group and exercises
compromise and negotiation when working with businesses.
Councilmembers discussed the Design Review Committee's recommendations.
McDonald asked if ordinance power is necessary. Eckholt said the Design
Review Comnittee feels strongly that ordinance power is needed and the
Design Review Committee should be established as a commission. Seiberling
said the design review code should require plans for exterior modificatio-
ns within the CB -10 and CB -2 zones to be reviewed by the Design Review
Committee before a building permit is issued. Courtney raised concerns
about creating additional delays to the building permit process. Baker
stated the design review process could be established similar to the
Historic Preservation Commission certification process. Ambrisco asked
how the Design Review Cbmittee has been so effective in previous years
without a design review code. Eckholt explained the design review process
was required when urban renewal development occurred. Eckholt stated that
other buildings in the downtown areas should now be required to go through
the design review process to upgrade the quality of the building in their
visual design. In response to Ambrisco, Eckholt said without an ordinance
the Design Review Committee could still have a positive impact but design
review would be optional.
t-
Informal Council Discussion
April 21, 1986
Page 4
Dean Thornberry, representing the Downtown Association and Chamber of
Commerce, stated the Downtown Association and Chamber would like to be
informed about what area the proposed design review code would encompass.
Dickson asked if the design review code would review previous construction
changes. Novick stated the design review code would apply to any exterior
building changes that would require a new building permit. Zuber raised
concerns about expanding the area, the use of additional staff time, and
redelegation of Council powers. Thornberry said the Downtown Association
and Chamber of Commerce members will be polled. Cain explained the design
review code would include an appeal procedure.
McDonald suggested the Design Review Committee be established as a perma-
nent commission and the area be expanded to include the Central Business
District. Timmins stated the Design Review Committee does have review
powers under the City Plaza ordinance and the Design Review Committee
functions continue .as long as the urban renewal covenances are in effect.
Baker said the Urban Environment Ad Hoc Committee is considering a recom-
mendation to consolidate boards and commissions such as the Historic Pres-
ervation Commission and the Design Review Committee to eliminate double
reviews. Baker raised concerns about just extending the area of the
design review without the power of ordinance.
Ambrisco stated the dialogue between the Council and the Design Review
Committee has been opened and individual property owners, the Downtown
Association and Chamber should be involved in future discussions. Ambrisco
asked the Design Review Committee to formulate specific considerations for
Council. Eckholt said the Design Review Committee will establish an
agenda for future discussion with Council.
Meeting at 8:50 p.m.
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OFFICIAL COUNCIL ACTIONS - 4/22/85
The cost of publishing the following proceedings
& claims is $ . Cumulative cost for this
calendar year r sad ication is $
Iowa City Council, reg. mtg., 4/22f8-5,7-30 P.M.
at the Civic Center. Mayor Arbrisco presiding.
Couoilmenbes present: Arbrisco, Bake-, Courtney,
Strait, Zrber. Absent: Dickson, McDonald.
The Mayer proclained this year as Im HD4ECQ4-
ING 1986 and MR 04PLONY WEEK, April 20-26,
1986. The Mayor presented Youth Awards as follows:
Outstanding Enrollees - Matt Belair, Darrell
wavettm,Diana b'Leeary, Yulde rin Yen. Honorable
Mention With Distinction - Mart WElderry a 2- 1e
UttIng- Honorable ion - Greta Carson and Deanne
Funk. s an se- S ervisors - Fd Runner
and Ka y an ee , o sonCounty Auditor's Office
and Linda Schlabach, MCAP Haadstart. Honorable
Mention With Distinction - Jo Ball, Iowa Ci yt�lice
Deparbraff Records a Connie Tiffany, Iowa City
Public Library. The d%yor noted the fine jab done
by Mayor's Youth 8rployment Director Peg McElroy.
The Mayor proclaim SPRING CLEkU DAY 19B6 - April
27, 1985, neubers of Alpha Phi Onega accepting; HIGH
BLODD PRE.SSU:E WEEK, May 5-9, 1986, Jerry Mumford
accepting; MASES' WEEK, May 5-11, 1986, Mary
McCarthy accepting; ARBOR DAY, April 25, 1986.
The Mayor announced a correction to the Council
Minutes of 4/8/86 to include the Parks & Recreation
Carmission minutes of 3/12/86. Moved and seconded
that the following items and recaimedations in the
Consent Calendar be received, or approved, and/or
adopted as ane ded:
Approval of Dfficial Actions of the regular
meeting of 4/8/85 and the special meeting of
4/15/86, as polished, subject to correction, as
recommended by the City Clerk.
Minutes of Boards and Commissions: Airport
Corm. - 3/12/85; CCN Comm. - 3/18/86; Historic
Preservation Cann. - 3/12/86; Bd. of Adjustment
- 2/12/86, 3/12/86; Human Rights Comm. -2/24/86;
P&Z Carm. -4/3/86.
Permit Mations: Cancel Sunday Sales (be(r
only) for Wire Warehouse Inc., 409 South Gilbert
Street. Class C Liquor License and Sunday Sales
for The Vine Tavern, 330 E. Prentiss/529 S.
Gilbert. Class C Beer Permit and Sunday Sales
for Barris Discount, 71 Cmmercial Drive.
Mations: Approving disbu-senents in the
amount of $1,817,388.64 for the period of 3/1
thru 3/31/86, as reconnected by the Finance
Director, subject to audit.
correspondence: Johnson County Auditor
acknowledging receipt of the City's request to
hold a special election concerning the swimming
_,IQ
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Official Actions
April 22, 1985
Page 2
facility bard issue. George Lopos regarding the
Ima City Airport. Larinda Fuller regarding the
proposed swinmirg facilities project. letters
regarding the proposed designation of the north -
side residential area as a Local Historic Dis-
trict fro: Susan Simon, Lyle Seydel. Herlxyt
M. Lyrnan regarding Scott Boulevard.
Applications for the Use of Streets and
Public Grounds: Ralph H. Rieks for the Ronald
McDonald House Walk/Run to be held on 6/1/86,
approved. Jean Robinson for a "Farms Not Arms"
Walk on 5/3/86, approved. Bruce Reynolds to
hold the Old Capitol CAiteriun on 4/27/86,
approved. Patrick McNamara for the use of
Blackhavk Minipark by the Central Anerican
Solidarity Connittee on 4/12/85, approved. John
Bandy for permission to picket the Fmna Goldman
Clinic on 4/12/86, approved.
The Mayor declared the motion carried.
Moved and seconded that the ordinance bo estab-
lish the name of Old Highxay 218 South, be given
first vote for passage. The Mayor declares the
motion carried.
Moved and seconded that the ordinance to anal
the Zoning Ordinance m regulate monunent signs in
the CB -10 Zone, be given first vote for passage.
The t%yor declared the motion carried.
Moves and seconded that the ordinance to anad
Chapter 27, Division 2, Lange Scale Non -Residential
Development Regulations, be given first vote for
passage. The Mayor declares the motion carried.
Moved and seceded to sntrnit to the Johnson
County BJ. of Supervisors the recommendation of the
Planning and Zoning Carmission that the request to
rezone 38.5 acres in Johnson County from A-1 to RS
north of Rapid Creek and east of Highray 1 vas found
inconsistent with the existing Aran 4 Fringe Area
Policy Agreement. The Mayor declared the motion
carried.
A public hearing vas held on the proposal to
issue not to exceed $1 Million Aggregate Principal
Aroont of Industrial Revenue Bids (Millard Ware-
house, Iova City Project).
Moved and seconded to adopt 10. 86-110, TO
PROCEED WITH M ISSUAREE ARD SALE OF NOT TO EXCEED
$1 MILLION AGGREGATE PRINCIPAL AMOUK OF MISTRIAL
REVFME BONDS (MILLAPD WAGBdM, IM C17Y PROJECT)
SERIFS A OF TRE CITY OF IOWA CITY, IOWA.
A public hearing vas held on the proposal to
issue rat to exceed $200,OOD.00 Aggregate Principal
Amount of Industrial revenue Bads (Blooming Prairie
Warehouse, Inc. Project).
=l�
Dfficial Actions
April 22, 1986
Page 3
Moved and seconded to adopt IFS. 85-111, APPROV-
ING PROCEEDING WITH TIE ISSLYINCE AND SALE ff NOT TD
EXCEED $200,000.00 IN AN AUglEGATE PRINCIPAL MAANT
OF INDUSTRIAL DEVELOMT REVENUE Mo (BLO(MING
PRAIRIE WAREHOUSE, INC. pRUECT) OF THE CITY OF IOW4
CITY, IOWA.
Willian Coen, Senior Center Connission mmber,
reported that the Center will be distributing a list
of senior citizen discounts and services along with
their M%y newsletter; informed Council of the April
29 Head -to -Toe Health Screening; renirded Cantil
May vas Arthritis Month; and noted the 44th anniver-
sary of the fouling of the Naval pre-flight school
at the Lhiversity of Ioke. Councilmater Strait
questioned when the part -tine volunteer specialist
mould be hired. The Acting City Manage, stated
advertising would begin the ed of the week with a
hire date of July 1.
Moved and seconded to appoint Maris Snider, 300
Melrose, for a three-year tem ending 7/1/89, on the
Committee on Community Needs Cmm. The Mayor de-
clared the nmtim carried.
Bake- noted the advertisamnt for an Asst.
Transportation Planner and questioned the opening.
The Acting City Manager explained that the Assistant
had been pnanoted to Transportation Planner and that
the decision to fill the Assistant position vas made
by the Johnson County Council of Gwemunts Board.
Bake' requested a clarification on the bidding of
the City's microcomputers. Acting Asst. City Man-
age' Vitosh and Actirg Finance Director O'Malley
outlined the procedure. Councibenber Strait re-
quested a letter frau the N%yor and a key to the
City accmpmy the proclanation to Siam Estes.
After discussion Council agreed the letter and
Proclamtion would be sent urging hin to visit Iae
City and a key would be presented during that visit.
The N%yor noted a mem fron the Director of the
Parks and Recreation Division stating that Iowa City
has been awarded The Tree City U.S.A. Award for the
sixth consecutive year and ages the pblic to
attend cerenmies an Friday. April 25, 1:00 pun. at
City Park.
Fbvei and seconded to adopt IFS. 86-112, Ad W-
IIING TIE M4Y(R TO SIGN AND TIE CITY CLERK TO ATTEST
AN AGREDIENT WITH raga, INC. FCR E0IGINEERING SERVICES
FUR TIE BRIDLE OECK REPAIR PRIJECTS (PHM I AN)
11).
Moved al seconded to adopt LES. 85-113, APPROV-
ING THE RESIDENTIAL ACCESSIBILITY GWWI PADGR/M
WAND AND AUMIZING TME CITY WAGER OR HIS
r-
Official Actions
April 22, 1986
Page 4
APPOINTED DESIGNEE To AIMINISTER THE RESIDENTIAL
ACCESSIBILITY GRWf PROGRAM FOR THE ELDERLY AIG
HANDICAPPED RESIDENTS OF IDWA CITY.
fled and seconded to adopt RES. 85-114, *END-
ING THE MM OF POSITIONS IN TIE RECREATION DIVI-
SION, by reinstating the position of Recreation
Superintendent prior to 7/1/86.
Moved and seconded that ORD. 86-3284, **ENDING
SECTION 15-62(A) OF THE CITY CODE OF ORDINA1fES,
RELATING To RF} M COLLECTION, TO ESTABLISH LIMITS
ON REFUE PICK LP SERVICE, be passed and adapted.
loved and seconded to adjourn.
Far a more detailed 8 cmplete description of
Council Activities d Disburserents, see Office of
/j� City C k Finance Departnrent.
/ `''✓��++�K�IIW J.M PMBRISCo, WIYOR
s K. KAf42, CITY a.E�c
��e..J
Sutrdttei for Piblication 5/1/86
Ei
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
APRIL 22, 1986
Iowa City Council, reg. mtg., 4/22/86, 7:30 P.M. at the Civic Center.
Mayor Ambrisco presiding. Councilmembers present: Ambrisco, Baker,
Courtney, Strait, Zuber. Absent: Dickson, McDonald. Staffinembers pres-
ent: Helling, Vitosh, Timmins, Karr, Gannon, Milkman, Franklin, O'Malley,
Trueblood, Donner. Council minutes tape recorded on Tape 86-C37, Side 1,
240 -End and Side 2, 1 -End; 86-C42, Side 1, 1-87.
The Mayor proclaimed this year as IOWA HOMECOMING 1986 and YOUTH
EMPLOYMENT WEEK, April 20-26, 1986. The Mayor presented Youth Awards as
O'Leary, OuteY s—�� mnralleonorabie Matt
Mention, Withell Distinctiona - Diana
Mort
McElderry and Carrie Otting. onora a en ion - re a arson and Deanne
Funk. Outstandin Worksite Su ervmsors runner -
Johnson oun y u i or s ce an Linda Schlabachan HACAP yHeadstartVan .
Honorable Mention With Distinction - Jo Ball, Iowa City Police Department
ecor s an onn e i any, owa ity Public Library. The Mayor noted the
fine job done by Mayor's Youth Employment Director Peg McElroy. The Mayor
proclaimed SPRING CLEANUP DAY 1986 - April 27, 1986, members of Alpha Phi
Omega accepting; HIGH BLOOD PRESSURE WEEK, , May 5-9 1986, Jerry Mumford
accepting; NURSES' WEEK, May 5-11, 1986, Mary McCarthy accepting; ARBOR
DAY, April 25, 1986.
The Mayor announced a correction to the Council Minutes of 4/8/86 to
include the Parks & Recreation Commission minutes of 3/12/86. Moved by
Strait, seconded by Baker, 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 4/8/86 and
the special meeting of 4/15/86, as published, subject to correction,
as recommended by the City Clerk.
Minutes of Boards and Commissions: Airport Comm. - 3/12/86; CCN
Conn. - 3/18/86; Historic Preservation Comm. - 3/12/86; Bd. of Adjust-
ment - 2/12/86, 3/12/86; Human Rights Conn. - 2/24/86; P&Z Comm.
-4/3/86.
Permit Motions: Cancel Sunday Sales (beer only) for Richard James
Hamann dba Wine Warehouse Inc., 409 South Gilbert Street. Approving
Class C Liquor License and Sunday Sales for Kennedy Investments Inc.,
dba The Vine Tavern, 330 E. Prentiss/529 S. Gilbert. Approving a
Class C Beer Permit and Sunday Sales for Thomas E. Harris dba Harris
Discount, 71 Commercial Drive.
Motions: Approving disbursements in the amount of $1,817,388.64
for the period of 3/1 thru 3/31/86, as recommended by the Finance
Director, subject to audit.
Correspondence: Johnson County Auditor acknowledging receipt of
the City's request to hold a special election concerning the swimming
facility bond issue. George Lopos regarding the Iowa City Airport.
-7
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MINUTES
COUNCIL ACTIVITIES
APRIL 22, 1986
PAGE 2
Larinda Fuller regarding the proposed swimming facilities project,
referred to City Mgr. for reply. Letters regarding the proposed
le Seydel. Herbert M. Lyman regarding
designation a as a Local Historic
of the northside residential are
District frau: Sreferredsan oto the City Mgr. for reply.
Scott Boulevard,
Applications for the Use of Streets and Put Ilk/Runto Grounds: on Ralph H.
aP-
appovedr tjeanRRobinson Ofor l a 1"Farmsouse WNot Arms' Walk be hond5/3/86,/86,
proved. Bruce Reynolds to hold the 0ld Capitol Criterium on 4/27/86,
Central American Solidarity Committee on 4/12/86, approved. John
approved. Patrick McNamara for the use of Blackhawk pprov d. by t e
Bandy for permission to picket the Emma Goldman Clinic on 4/12!86,
approved.
Affirmative roll call vote unanimous, 5/0, Dickson, McDonald absent. The
Mayor declared the motion carried. that the ordinance to establish
Moved by Zuber, seconded by Courtney,
218 South, be given first Ma�anald absent- The
the name of 01d Highway Dickson,
firmative roll call vote unanimous, 5/0,
Mayor declared the motion carried.
Courtney, seconded by Zuber, that the ordinance to amend bgiven Moved by ulate monument signs in the CB -10 Zone, be g
Zoning Ordinance to reg Dickson,
first vote for passage. Baker stated his intention to vote favorably for
this ordinance. Affirm ori declared thelmotion carried us, 5/0,
McDonald absent. The May
Moved by Strait, seconded by Zuber, that the ordinance to amulations,
ter 27, Division 2, Large Scale Non -Residential Development Reg
be given first vote for passage. Affirmative roll call vote unanimous,
5/0, Dickson, McDonald absent. The Mayor declared the motion carried.
Strait, seconded by Baker, to submit to the Johnson CComm15Y
Moved by and Zoning
from A-1 to
Bd. of Supervisors the recommendation of thinPJohnsgas ound inconsistent with
sion that the request to rezone 38.5 acres in Johnson County
RS north of Aped Creek andAreatPolicyof gAgreement. The May
declared the
the existing 510, Dickson, McDonald absent.
motion carried unanimously,
A public hearing was held on the proposal to issue not to exceed ;1
Million Aggregate Principal Amount of In(Millard
appeared* Bk.
Revenue Bonds
Warehouse, Iowa City Project). No one app
Moved by Zuber, seconded by Courtney, to adopt RES. 86-110, Bk. 90,
pp. 355-359, TO PROCEED WITH THE ISSUANCE AND SALE OF NOT TO EXCEED ;1
MILLION AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL REVENUE BONDS (, IOVAD
WAREHOUSE, IOWA CITY PROJECT) SERIES A OF THE CITY OF IOWA CITY, IOWA.
Affirmative roll call vote unanimous, 5/O, Dickson, McDonald absent. The
Mayor declared the resolution adopted.
—A,
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MINUTES
COUNCIL ACTIVITIES
APRIL 22, 1986
PAGE 3
A public hearing was held on the proposal to issue not to exceed
$200,000.00 Aggregate Principal Amount of Industrial Revenue Bonds (Bloom-
ing Prairie Warehouse, Inc. Project). No one appeared.
Moved by Courtney, seconded by Zuber, to adopt RES. 86-111, Bk. 90,
pp. 360-364, APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO
EXCEED $200,000.00 IN AN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOP-
MENT REVENUE BONDS (BLOOMING PRAIRIE WAREHOUSE, INC. PROJECT) OF THE•CITY
OF IOWA CITY, IOWA. Baker requested that Council review site plans for
all IRB projects at the public hearing. Affirmative roll call vote unani-
mous, 5/0, Dickson, McDonald present. The Mayor declared the resolution
adopted.
William Coen, Senior Center Commission member, reported that the
Center will be distributing a list of senior citizen discounts and serv-
ices along with their -May newsletter; informed Council of the April 29
Head -to -Toe Health Screening; reminded Council May was Arthritis Month;
and noted the 44th anniversary of the founding of the Naval pre-flight
school at the University of Iowa. Councilmember Strait questioned when
the part-time volunteer specialist would be hired. The Acting City Man-
ager stated advertising would begin the end of the week with a hire date
of July 1.
Moved by Strait, seconded by Baker, to appoint Maris Snider, 300
Melrose, for a three-year term ending 7/1/89, on the Committee on Commu-
nity Needs Comm. The Mayor declared the motion carried unanimously, 5/0,
Dickson, McDonald absent.
Councilmember Baker requested that the next year's Council budget
include Councilmember Courtney. Baker noted the advertisement for an
Asst. Transportation Planner and questioned the opening. The Acting City
Manager explained that the Assistant had been promoted to Transportation
Planner and that the decision to fill the Assistant position was made by
the Johnson County Council of Governments Board. Baker requested a clari-
fication on the bidding of the City's microcomputers. Acting Asst. City
Manager Vitosh and Acting Finance Director O'Malley outlined the proce-
dure. Strait inquired as to the Legal Department's role in the bidding
process. Vitosh explained that the Legal Department would be reviewing
the Purchasing Manual. Councilmember Strait requested a letter from the
Mayor and a key to the City accompany the proclamation to Simon Estes.
After discussion Council agreed the letter and proclamation would be sent
urging him to visit Iowa City and a key would be presented during that
visit. Strait asked the press to forward stories re Mr. Estes to him
personally accompanied by a letter from the editor. The Mayor noted a
memo from the Director of the Parks and Recreation Division stating that
Iowa City has been awarded The Tree City U.S.A. Award for the sixth con-
secutive year and urges the public to attend ceremonies on Friday, April
25, 1:00 p.m. at City Park.
`rt
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MINUTES
COUNCIL ACTIVITIES
APRIL 22, 1986
PAGE 4
Moved by Zuber, seconded by Baker, to adopt RES. 86-112, Bk. 90, pp.
365-375, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
AGREEMENT WITH NNW, INC. FOR ENGINEERING SERVICES FOR THE BRIDGE DECK
REPAIR PROJECTS (PHASES I AND II). Affirmative roll call vote unanimous,
5/0, Dickson, McDonald absent. The Mayor declared the resolution adopted.
Moved by Zuber, seconded by Courtney, to adopt RES. 86-113, Bk. 90, pp.
376-409, APPROVING THE RESIDENTIAL ACCESSIBILITY GRANT PROGRAM MANUAL AND .
AUTHORIZING THE CITY MANAGER OR HIS APPOINTED DESIGNEE TO ADMINISTER THE
RESIDENTIAL ACCESSIBILITY GRANT PROGRAM FOR THE ELDERLY AND HANDICAPPED
RESIDENTS OF IOWA CITY. Affirmative roll call vote unanimous, 5/0,
Dickson, McDonald absent. The Mayor declared the resolution adopted.
Moved by Courtney, seconded by Zuber, to adopt RES. 86-114, Bk. 90, p.
410, AMENDING THE NUMBER OF POSITIONS IN THE RECREATION DIVISION, by
reinstating the position of Recreation Superintendent prior to 7/1/86.
Zuber noted the decision to reinstate this position early was based on the
deficit in that department and would enable the Director time to deal with
the deficit. The Acting City Manager stated a status report on the defi-
cit would be forwarded to Council shortly. Affirmative roll call vote
unanimous, 5/0, Dickson, McDonald absent. The Mayor declared the resolu-
tion adopted.
Moved by Strait, seconded by Zuber, that ORD. 86-3284, Bk. 27, pp.
37-41, AMENDING SECTION 15-62(A) OF THE CITY CODE OF ORDINANCES, RELATING
TO REFUSE COLLECTION, TO ESTABLISH LIMITS ON REFUSE PICK UP SERVICE, be
passed and adopted. Affirmative roll call vote unanimous, 5/0, Dickson,
McDonald absent. The Mayor declared the ordinance adopted.
Moved by Zuber, seconded by Courtney, to adjourn 8:25 P.M. The Mayor
declared the motion carried unanimously, 5/0, Dickson, McDonald absent.
MARIAN K. KARR, CITY CLERK
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OFFICIAL COUNCIL ACTIONS - 5/6/86
The cost of publishing the following proceedings
b claims is $ . Cumulative cost for this
calendar year r sad ication is $
Iowa City Council, reg. mtg., 5/6/WT7:3rF.M.
at the Civic Center. Mayor Pro ten Dickson presid-
ing. Comciherbes present: Baker, Courtney,
Dickson, MDonald, Strait, Luber (7:45 pm.). Ab-
sent: Arbrisco.
MNed and seceded to adopt RES. 85-115, RSOW-
TION OF CGT USTION FOR CLEO KRDN, in recognition
of over 40 years of service.
The Mayor Pro ten proclaimed May 4-10, 1986, as
GOODWILL IN]ISTRIFS WEEK; May 11-17, 1986, as IOWA
CITY HOSPITAL WEEK; May 4-10, 1985, as RESPECT FOR
L+W WEEK; May 11-17, 1986, as POLICE WEEK and May
15, 1986, as PEACE OFFICERS' KNORIAL DAY; May
11-17, 1986, as NIPSIPG HTS WEEK; May 11-17, 1986,
as PRESERVATION WEEK; May 18, 1986, as KODAK LIBERTY
RIDE FESTIVAL DAY.
The Mayor Pero ten noted the addition of a liquor
license and a beer -wine license and deletion of item
4e regarding Mesgaakie Park. MNed and seceded
that the following items and recarmerdations in the
Consent Calendar be received, or approved, and/or
adopted as amended:
Approval of Official Council Actions of the
regular meeting of 4/22/85, as published, sub-
ject to correction, as reccmended by the City
Clerk.
Minutes of Boards and Unmissions: [busing
Cam. - 4/8/86; Design Review Caron. - 4/16/86;
CCN Cam. - 4/15/85; City Council Legislative
Conn. - 3/29/85.
Permit motions: Special Class C Beer -Wine
License and Sunday Sales for Jade Garden, 119
Iove Avenue. Class C Beer Permit and Sunday
Sales far Waren, 828 S. Dubuque. Class C
Liquor License for Mme's Saloon 8 Eatery, 21 W.
Bente Street. Special Class C Beer -Winne License
and Sunday Sales for Mina Capon's, 212 S.
Cl intro.
Setting public hearings: RES. 85-116, TO
SET A PUBLIC 16RM FOR 5/20/86, ON AWNDING
TIE FY85 OPERATING BUDGET. IS. 85-117, TO SET A
RELIC WARItG FOR 5/20/86, ON APPRDVING TIE
FY86 CAPITAL PROJECTS BUDGET. RES. 85-118, TO
SET A RELIC HEARING FCR 5/20/86, CN PIANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FIR TIE FY97 ASPHALT RESURFACING PRD-
JECT. IES. 85-119, TO SET A RNBLIC FEARING FOR
5/20/86, ON RANS, SPECIFICATIONS, FORM OF
CONIRAGT AND ESTIMATE OF COST FOR THE CIkSTRLL-
TICN OF THE DUBUQUE STREET IMPAOVBMENIS PRDJECT
-IM AMU TO PARK ROAD.
r
Official Actions
May 6, 1986
Page 2
Correspondence: Letters regarding the
proposed North Side Residential Historic Dis-
trict fran: Petition signed by 15 people;
Nellie and Charles KamEnak; Mark H. Rettig;
Janes and Judy Houghton; Charles A. Barker on
behalf of Earl M. Yoder; Robert J. Saunders;
Cecil L. Miller; Gertrude R. Miller; C.N.
HDusel; Gary E. Albertson; Orris V. Cooper, Jr.;
J.T. Brennan and Barbara Campbell; Katherine
Johnson; Mari Grth. Larry Svobcda regarding the
Proposed office-aperbrent building at 430 Iowa
Avenue. Petition signed by 82 residents of
Kimball Road and North Governor regarding a
house which has been moved onto a lot at the
corner of Governor Street and Kinball Road.
Charbe^ of Carmreme regarding the Airport Ccnr
pliance Project. -%eller-Globe regarding the
Iowa City Airport. Mam frau the Civil Service
Calm. srtrrritting certified lists of applicants
for
the following positions: Accountant -
Finance/Treasury; Maintenance 6brker II - Pollu-
tion Control.
Applications for the Use of Streets and
Public Grounds: Jane Dinsmore to distribute
poppies on the streets of Iowa City to benefit
veterans, approved. Janis Hackett and Joan
Vandenberg to have a bake sale in BlackhaNc
Minipark to benefit Willaxreek Neighborhood
Center, approved.
Affirnetive roll call vote unanim%us, 6/0, Arbrisco
absent. The Mayor Pro ten noted that Mayor Ambrisco
had requested that itern 4e, to change the nam of
Mesquakie Park to Pleasant Harris Park, be deferred
and scheduled for further informal discussion. The
Mayor Pro ten declared the motion carried and re-
peated the public hearings as set.
Moved and seconded that the rule requiring ordi-
nances to be considered and voted on for passage at
two Council meetings prior to the rmeting at which
it is to be finally passed be suspended, the second
consideration and vote be waived and that OPD.
86-3285, TO ESTABLISH TIE WE OF OLD HIGHWAY 218
SOUM, be voted on for final passage at this time.
Affinmtive roll call vote uaninous, 610, A%brisco
absent. The Mayor Pro ton declared the rrotion
carried. Moved and seconded that the ordinance be
adopted.
Moved and seconded that the rule requiring ordi-
nance to be considered and voted on for passage at
two Council meetings prior to the neeting at Which
it is to be finally passed be suspended, the second
consideration and vote be waived and that ORD.
85-3286, TO REND 11E ZONING ORDINANCE 70 REGULATE
-1
_A1
t�-
Official Actions
May 6, 1986
Page 3
MMMi3Of SIGNS IN TIE CB -10 ZCME, be voted on for
final passage at this time: The Mayor Pro ten
declared the motion carried: Moved and seconded
that the ordinance be adopted.
Moved and seceded that the rule requiring ordi-
nances to be considered and voted on for passage at
boo Council meetings prior to the meeting at which
it is to be finally passed be suspended, the second
consideration and vote be waived and that ORD.
86-3287, TO ReE CWXER 27, DIVISION 2, LARGE
SCALE NON-RESIGIENGIAL DEVELOPMENT REGI.ATIONS, be
voted on for final passage at this time. The Mayor
Pro tem declared the notion carried. Moved and
seceded that the ordinance be adopted.
Moved and seconded to adopt RFS. 86-120, APPROV-
ING TIE PRELIMIWRY AND FINAL SUBDIVISION PLAT OF
KIM LEE SUBDIVISION. Moved that the fee for
subdivision review be waived. The Mayor Pro ten
declared the motion dead for lack of a second.
Dave Ratliff, K.D. Engineering, appeared re the
bidding process and Council discussion regarding the
City purchase of microcagAers. Charlie Ruppert,
1406 N. Dubuque, appeared regarding the Kitty Lee
Subdivision; reviving the Herbert Hoover Highway;
Old Dubuque Road; and Historic Presentation Week.
Rick Fosse, City Engineering Dept., appeared re IB4
cmputers.
The Mayor Pro tem announced the following va-
cancy: Library Ed. of Trustees - one vacancy for an
unexpired term ending 7/1/91. This appointment will
be made at the 6/17/86 meeting of the City Council.
Novel and seceded to re -advertise the vacancy
to the Mayor's Youth Employment Bd. for an unexpired
tem ending 3/27/86; to appoint Laura Lovell, 820
Rider Street, to the Rive hat Conm. for an ur
expired term ending 12/1/88; to appoint Hilda Crain,
320 E. Washington, to the Resources Conservation
Cmm. for an unexpired term ending 1/1/88 and to
re -advertise the second vacancy. The Mayor Pro ten
declared the motion carried.
Cencilmembe- Zuber questioned if there was a
City ordinance prohibiting trains to block intersec-
tions for a length of time. Zuber noted the exis-
tence of a model airplane strip out near the City
landfill and questioned the City's liability. Baker
asked Council to consider setting a public hearing
for 5/20 an the Plaza Cafe ordinance discussed by
Council at their informal session on 5/5. After
discussion moved and seconded to set public hearing
for 5/20 on the Plaza Cafe Ordinance and Outdoor
fi
r -
Official Actions
May 6, 1986
Page 4
Service Area ordinance, and delay first considera-
tion of both ordinances until 6/3. The Mayor de-
clared the rrotion carried.
Acting City Manager Hellinrg rioted the Legisla-
tive Foran sponsored by the League of Worn Voters
scheduled for 5/3 had been rescheduled for 7:00 P.M.
hbrday, 5/12, in the Cmue*m Bldg. across the
street.
Ieconvendations of the Canmittee on Cammity
Needs: (1) That the target area for the rental
rehabilitation Program be extended to include the
belNeen tched Burlington Sit and I" Aon South venue; (2ton )treet
That
the residential Accessibility Grant Progran and
Operations Manual be approved. Reconrerdations of
the Ibusing Cmmission: (1) That Council approve
manual for residential Accessibility Grant Progran.
This vas approved by the City Council at its March
22, 1986, meeting; (2) lhat Council approve request
for enlarging target area for Rental rehabilitation
Program.
Moved and seconded to adopt RES. 86.121, A.W-
IZING TIE MAYOR TD SIGN ADD THE CITY CLERK TO ATTEST
AN AtlREEMNT WITH TIE ELDERLY SERVICES AGENCY FOR
TIE USE OF 1986 CCM4HITY TEVELomff BLOCK mw
RH)S To AD4INISTER A HOUSING MDIFICATIODS PROGRAM
FOR LOW- AND bDOERATE-IM FRAIL ELDERLY RESIDENTS
OF IDJA CITY.
Moved and seceded to adopt TIES. 86-172, AU-
THDRIZING AN EXTENSION OF TIE DESIGNATED TARGET
NEIG MORMS FOR THE TWAL REHABILITATION PWM.
Moved and.secorrded to adopt RES. 86.123, AUHDIF
IZING AND PROVIDING FOR TIE ISSIYVJ(E AN) SECURING OF
TIE PAYMENT OF $1,575,000 PARKING SYSTEM REVD E
BONDS OF TIE CITY OF IDA CITY, IOWA, HER TIE
PROVISIONS OF TIE CITY CODE OF IOWA, AND PROVIDING
FOR A METHOD OF PAYM 9 OF SAID BONDS.
Moved and seconded to adopt RES. 86.124, PRE-
LIMINARY RESOLUTION FOR T)E CONSTRUMON OF SIDEWU
IMPROVEMENTS; IN TIE CITY OF IOWA CITY, IOWA; RES.
85-125, FIXING VALUES OF LOTS; FES. 86-1269 ADOPT-
ING PIrfLIMINARY PLAT AND SCHEIXIF, ESTIMATE OF COST
AND PROPOSED RAW AND SPECIFICATIONS FOR TIE CON-
S82l1 ON OF TIE NDRTH DUB" ROAD SIDERU ASSESS -
off PRD,ECT; RFS. 86-127, RESOLUTION OF NECESSITY
(Moved PROPOSED).
nrd seconded to adopt PFS. 86-128, NJIIGR-
IZING EXECUTION OF AN ACTT WITH TIE IDA DE-
PARTMENT OF TRA &PORTATION.
Moved and seceded to adopt RES. 86-129, AUDDR-
IZING AID DIRECTING THE MAYOR TD EXECUTE A R01ASE
OF POTENTIAL CLAIM FOR CONTRIBUTION Am INDHITY
_At
Official Actions
May 6, 1986
Page 5
AGAINST 1AASGOW CONSTRLCTION AND SCOTT MIEVARD
INVESTORS IN CONNECTION WITH TIE %TTLg.ENf OF TIE
LAWSUIT ENTITLED JOICSON ET N.. V. 11E CITY OF IUA4
CITY, ET AL., LAW NO. 48979.
Moved and seconded to adopt RES. 86-130, A HOR-
IZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST A M4ApW M OF AGIEDW WITH
TIE IDdA CITY CM.NITY SCROD. DISTRICT WITH REGLAD
TO A PROPOSED PROJECT TO CONSTRUCT A JOINT SWIFMN
POOL FACILITY AT FEELER PARK;
Moved and seceded to adjourn to executive
session to discuss the purchase of particular real
estate only vhere preneture disclosure could be
reasonably expected to increase the price the gov-
emertal body world have to pay for that property.
The City Attorney and Actirg City Manage stated the
item did not have the 24 hours posting but that it
was a ane time item that had cone up and has to be
dealt with quickly. The Mayor Pro ten declared the
rmtim carried and adjourned to executive session
9:00 p.m.
A more detailed description of Council activi-
t-es i on -fa -le in the office of the City Clerk:
I 2`e!sA01TE DICKSON, MAYOR PRO TF79
s#WM K. KARR, CITY CLERK 71r J 7( i
Submitted for publication on 5/15/86.
COMPLETE DESCRIPTION
61986OFNCIL ACTIVITIES
May
g "
Iowa City Council, reg. int 5/6/86, 7:30 P.M. at the Civic Center.
Councilmembers present: Baker,
Mayor Pro tem Dickson presiding. Zuber ( m. Absent:
Strait, 7:45 P• Karr,
Courtney, Dickson, McDonald, Helling, Vitosh, Timmins,
Ambrisco. Staffinembers present:
1-End; 86-C47, Side 1, 1-End.
Franklin, Schmadeke, Kron, Milkman, Fosse. Council minutes tape recorded
on Tape B6-C42, Side 1, 87-End and Side 2,
Moved by
McDonald, seconded by Strait, to adopt RES. 86-115, Bk. 90,
P6 411, RESOLUTION OF COMMENDATION FOR CLEO KRON, in recognition o over
4 years of serTheeMayorfPro temedeclaredroll ltheote resolution adopted. Ambrisco,
RIES
The Mayor Pro tem proclaimed May 4-10, 1986, as GOODW�L10IW1986, as
WEEK; May 11-17, 1986, a1110�A 1986, aeSPITAL POLICEWWEEK and May 15, 1986, as
RESPECT FOR LAW WEEK; May
PEACE OFFICERS' MEMORIAL DAY; May 11-17, 1986, 6, NURSING HOME WEEK; May
11-17, FILE as PRESERVATION WEEK; May 18, 1986, as KODAK LIBERTY RIDE
FESTIVAL DAY. Councilmember Zuber arrived.
The Mayor Pro tem noted the addition of a liquor license and a
rearli
ark. Moved
beer-wine license and deletion oftoite the follow�n9tem and
rrecopteddas
by McDonald, seconded by
tions in the Consent Calendar be received, or app
amended: incl of
Approval f fiiasubject l Cototo Acorrection,ctions of tas recommendedular tbyg the
4/22/86, as published,
City Clerk.
Minutes of Boards and Commissions: Housing Comm. - 4/8/86i Design
Review Comm. 4/16/86; CCN Comm
- 4/15/86; City Council Legislative
Comm. - 3/29/86.
Permit motions: Approving a Special
Class C Beer-Wine Iowa eAvenuense a
Sunday Sales for Mei Lee Szeto dba Jade Garden,
Approving a Class C Beer Permit and Sundayes
Oil Co. dba Wareco, 828 S. Dubuque. APP 's Saloon & Eatery, 21 W. Benton Street -
for J.S. Mummey, Inc. dba MummSales for
Approving Special Class C Be r- S e Clinton.ensand Sunday
Mama's Inc. dba Mama Capone's,412, TO SET A
Setting public hearings: RES. 86-116, Bi 90, P.
PUBLIC HEARING FOR 5/20483; TON AMENSET ADINNG THE HEARING PFOR T5/20/86, ON
RES. 86-117, Bk. 90, p•
414,TOSETHEAFPUBLICPITAL HEARINGOFORT5/20DIB6T ONRPLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST F0415, TO SET AAPUBLIC
RESURFACING PROJECT. RES. 86-119, Bk. 90, p•
HEARING ESTIMATEOR FORM
COST/FOR THE CONSTRUCTION OF ON PLANS TTHEIO'SOU UQUE OSTREETTIMPROVE�
MENTS PROJECT - IOWA AVENUE TO PARK ROAD.
r
MINUTES
COUNCIL ACTIVITIES
MAY 6, 1986
PAGE 2
Correspondence: Letters regarding the proposed North Side Resi-
dential Historic District from: Petition signed by 15 people; Nellie
and Charles Y,armenak; Mark H. Rettig; James and Judy Houghton; Charles
A. Barker on behalf of Earl M. Yoder; Robert J. Saunders; Cecil L.
Miller; Gertrude R. Miller; C.W. Housel; Gary E. Albertson; Orris V.
Cooper, Jr.; J.T. Brennan and Barbara Campbell; Katherine Johnson;
Mari Greb. Larry Svoboda regarding the proposed office -apartment
building at 430 Iowa Avenue. Petition signed by 82 residents of
Kimball Road and North Governor regarding a house which has been moved
onto a lot at the corner of Governor Street and Kimball Road, referred
to the Acting City Mgr. for reply. Chamber of Commerce regarding the
Airport Compliance Project. Sheller -Globe regarding the Iowa City
Airport, referred to the Acting City Mgr. for reply. Memo from the
Civil Service Comm. submitting certified lists of applicants for the
following positions: Accountant - Finance/Treasury; Maintenance
Worker II - Pollution Control.
Applications for the Use of Streets and Public Grounds: Jane
Dinsmore to distribute poppies on the streets of Iowa City to benefit
veterans, approved. Janis Hackett and Joan Vandenberg to have a bake
sale in Blackhawk Minipark to benefit Willowcreek Neighborhood Center,
approved.
Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor Pro
tem noted that Mayor Ambrisco had requested that item 4e, to change the
name of Mesquakie Park to Pleasant Harris Park, be deferred and scheduled
for further informal discussion. The Mayor Pro tem declared the motion
carried and repeated the public hearings as set.
Moved by Strait, seconded by McDonald, that the rule requiring ordi-
nances to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and that ORD. 86-3285, Bk. 27, pp.
42-43, TO ESTABLISH THE NAME OF OLD HIGHWAY 218 SOUTH, be voted on for
final passage at this time. Affirmative roll call vote unanimous, 6/0,
Ambrisco absent. The Mayor Pro tem declared the motion carried. Moved by
Strait, seconded by McDonald, that the ordinance be finally adopted at
this time. Affirmative roll call vote unanimous, 6/0, Ambrisco absent.
The Mayor Pro tem declared the ordinance adopted.
Moved by Strait, seconded by McDonald, that the rule requiring ordi-
nance to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and that ORD. 86-3286, Bk. 27, pp.
44-47, TO AMEND THE ZONING ORDINANCE TO REGULATE MONUMENT SIGNS IN THE
CB -10 ZONE, be voted on for final passage at this time. Affirmative roll
call vote unanimous, 6/0, Ambrisco absent. The Mayor Pro tem declared
the motion carried. Moved by Strait, seconded by McDonald, that the
ordinance be finally adopted at this time. Affirmative roll call vote
unanimous, 6/0, Ambrisco absent. The Mayor Pro tem declared the motion
adopted.
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MINUTES
COUNCIL ACTIVITIES
MAY 6, 1986
PAGE 3
Moved by Strait, seconded by Courtney, that the rule requiring ordi-
nances
toothe meeting rbe consideed at which cited is
ot fbe to passed be suspended, tmeetings
e
second consideration and vote be waived and that ORD. 86-3287, Bk. 27, pp.
48-58, TO AMEND CHAPTER 27, DIVISION 2, LARGE SCALE NON-RESIDENTIAL DEVEL-
OPMENT REGULATIONS, be voted on for final passage at this time. Affirma-
tive roll call vote unanimous, 6/0, Ambrisco
seconded by CourThe r Pro
ottem
declared the motion carried. Moved bycall vote
oll
unanimous, 6/0, Ambrisco absent. Affirmativehat
the ordinance be finally adopted at this time. nt. The MayorPro temdeclaredrthe ordinance
adopted.
Moved by McDonald, seconded by Strait, to adopt RES. 86 -LAT Bk. 90,
pp. 416-418, APPROVING THE PRELIMINARY AND FINAL SUBDIVISION PLAT OF KITTY
LEE SUBDIVISION. Councilmember Zuher requested that the fee be waived.
Individual Councilmembers expressed their views. Staffunanimmember Franklin
present for discussion. Affirmative roll call vote unanimous, 6/0,
Ambrisco absent. The Mayor Pro tem declared the resolution adopted.
Move declared the d lack
by Zuber
the fee for
subdivisi on
f areview
second.be waived. The Mayor
Pro
Dave Ratliff, K.D. Engineering, appeared re the bidding process and
Council discussion regarding the City purchase of microcomputers. Council
requested
o Hent from the City nAttorneythe poncess for the legality tofnthe process. Charlie
Ruppert, 1406 N. Dubuque, appeared regarding the Kitty Lee Subdiic vision;
reviving the Herbert Hoover Highway; old Dubuque
b quept oadapPeareisrerIBMPres-
entation Week. Rick Fosse, City
puters.
The Mayor Pro tem announced the following vacancy: Library Bd. of
Trustees - one vacancy for an unexpired term ending 7/1/91. This appoint-
ment will be made at the 6/17/86 meeting of the City Council.
Moved by Strait, seconded by Courtney, to re -advertise the vacancy
to
to
the Mayor's Youth Employment Bd. for an unexpired term endinComm. for an
g
unexpired aura Lending 12/1/88; etosappoint Hildto a Crain,f320tE. Washington,
tResre-advertise to he ourcesnsery ti ondCvacancyr aunexpired
The Maeendingrm l
orProtemdeclaredthe
andto
motion carried unanimously, 6/0, Ambrisco absent.
Councilmember Zuber questioned if there was a City ordinance prohibit-
wagitetrins daovert 17 lock minuteseat Benton ctions for
Capitolth of time. Streets. TheeCitynoted
Attorney
will research the matter. Zuber noted the existence of a modelairplane
public
strip out near the City landfill and questioned the City's
Staff will investigate. Baker asked Council to consider setting a p
iinformalfor
session on the
5/5. He also ordinance
requesteddtheusordinased nceCouncil
considered
for first reading on the same evening. Councilmembers Strait and Zuber
euntil
requeste
seconded tosetpublic 3 hearing discussion
moved
be on the
by e
=l�
MINUTES
COUNCIL ACTIVITIES
MAY 6, 1986
PAGE 4
Plaza Cafe Ordinance and Outdoor Service Area Ordinance, and delay first
consideration of both ordinances until 6/3. The Mayor declared the motion
carried unanimously, 6/0, Ambrisco absent.
Acting City Manager Helling noted the Legislative Forum sponsored by
the League of Women Voters scheduled for 5/3 had been rescheduled for 7:00
P.M. Monday , 5/12, in the Commerce Bldg. across the street.
Recommendations of the Committee on Community Needs: (1) That the
target area for the Rental Rehabilitation Program be extended to include
the hatched five -block area on South Clinton Street between Burlington
Street and Iowa Avenue; (2) That the Residential Accessibility Grant
Program and Operations Manual be approved. Recommendations of the Housing
Commission: (1) That Council approve manual for Residential Accessibility
Grant Program. This was approved by the City Council at its March 22,
1986, meeting; (2) That Council approve request for enlarging target area
for Rental Rehabilitation Program.
Moved by Strait, seconded by McDonald, to adopt RES. 86-121, Bk. 90,
pp. 419-423, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
AGREEMENT WITH THE ELDERLY SERVICES AGENCY FOR THE USE OF 1986 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO ADMINISTER A HOUSING MODIFICATIONS PRO-
GRAM FOR LOW- AND MODERATE -INCOME FRAIL ELDERLY RESIDENTS OF IOWA CITY.
Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor Pro
tem declared the resolution adopted.
Moved by Strait, seconded by McDonald, to adopt RES. 86-122, Bk. 90,
pp. 424-425, AUTHORIZING AN EXTENSION OF THE DESIGNATED TARGET NEIGHBOR-
HOODS FOR THE RENTAL REHABILITATION PROGRAM. Zuber noted the data used
was based on 1980 census figures and questioned the need for updated
figures. Staffinember Milkman replied that HUD had requested the 1980
figure be used. Courtney noted one opposition vote by the Housing Commis-
sion. Milkman stated the Commission had approved the area with the condi-
tion that preference for funding go to strictly residential areas rather
than commercial/residential if funding shortages develop. Affirmative
roll call vote unanimous, 6/0, Ambrisco absent. The Mayor Pro tem de-
clared the resolution adopted.
Moved by Zuber, seconded by McDonald, to adopt RES. 86-123, Bk. 90,
ppOF
THE PAYMENT 'OF $1,575 000 PARKING. 426-453AUTORIZING ANDVOR SYSTEM IDING F REVENUE BONDSTHENCE OF THE CITYANDUOFNIOWA
CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING
FOR A METHOD OF PAYMENT OF SAID BONDS. Affirmative roll call vote unani-
mous, 6/0, Ambrisco absent. The Maybr Pro tem declared the resolution
adopted.
Moved by McDonald, seconded by Baker, to adopt RES. 86-124, Bk. 90,
pp. 454-455, PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SIDEWALK
IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA; RES. 86-125, Bk. 90, p. 456,
FIXING VALUES OF LOTS; RES. 86-126, Bk. 90, pp. 457-458, ADOPTING PRELIMI-
NARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICA-
TIONS FOR THE CONSTRUCTION OF THE NORTH DUBUQUE ROAD SIDEWALK ASSESSMENT
PROJECT; RES. 86-127, Bk. 90, pp. 459-462, RESOLUTION OF NECESSITY (PRO-
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MINUTES
COUNCIL ACTIVITIES
MAY 6, 1986
PAGE 5
POSED). Strait requested Council consider putting the sidewalk on one
side only. Council agreed to discuss the matter after the scheduled
public hearing. Staffinember Fosse present for discussion. Council re-
quested that plans and specifications be available at the 6/3 public
hearing and requested information on the number of trees to be removed.
Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor Pro
tem declared the resolutions adopted.
Moved by McDonald, seconded by Strait, to adopt RES. 86-128, Bk. 90,
pp. 463-470, AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPART-
MENT OF TRANSPORTATION, for signalization of Hwy. 1 and Sunset Street.
Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor Pro
tem declared the resolution adopted.
Moved by McDonald, seconded by Courtney, to adopt RES. 86-129, Bk. 90,
pp. 471-472, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A RELEASE OF
POTENTIAL CLAIMS FOR CONTRIBUTIO14 AND INDEMNITY AGAINST GLASGOW CONSTRUC-
TION AND SCOTT BOULEVARD INVESTORS IN CONNECTION WITH THE SETTLEMENT OF
THE LAWSUIT ENTITLED JOHNSON ET AL. V. THE CITY OF IOWA CITY, ET AL., LAW
NO. 48979. The Mayor Pro tem declared the resolution adopted, 5/1, with
the following division of roll call vote: Ayes: Baker, Courtney,
Dickson, McDonald, Strait. Nays: Zuber. Absent: Ambrisco.
Moved by Baker, seconded by McDonald, to adopt RES. 86-130, Bk. 90,
pp. 473-477, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST A MEMORANDUM OF AGREEMENT WITH THE IOWA CITY COMMUNITY
SCHOOL DISTRICT WITH REGARD TO A PROPOSED PROJECT TO CONSTRUCT A JOINT
SWIMMING POOL FACILITY AT MERCER PARK. Baker reiterated this action means
that an agreement will be worked out after the election and brought back
to Council. Affirmative roll call vote unanimous, 6/0, Ambrisco absent.
The Mayor Pro tem declared the resolution adopted.
Moved by Courtney, seconded by Strait, to adjourn to executive session
to discuss the purchase of particular real estate only where premature
disclosure could be reasonably expected to increase the price the govern-
mental 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 is completed. The City Attorney
and Acting City Manager stated the item did not have the 24 hours posting
but that it was a one time item that had come up and has to be dealt with
quickly. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The
Mayor Pro tem declared the motion carried and adjourned to executive
session 9:00 p.m.
MARIAN K. KARR, CITY CLERK
KAIL DICKSON, MAYOR PRO TEM
01
r-
Informal Council Discussion
April 29, 1986
Informal Council Discussion: April 29, 1986, at 6:30 p.m. in the Council
Chambers at the Civic tenter. Mayor Bill Ambrisco presiding,
Council Members Present: Ambrisco, McDonald, Dickson (6:32), Baker, Strait,
Luber, Courtney.
Staff Present: Helling, Timmins, Karr, Smith, Vitosh, Franklin, Schmeiser,
lJ_aV_1_d_s0_n_,Uu_ndell, O'Malley, Zehr.
Tape Recorded: Reel 86-C41, Side 2, 239 -End; 86-C43, All, 86-44, All.
Executive Session - Litigation:
Moved by Zuber, seconded by Courtney to adjourn to executive session under
Section 21.5C to discuss strategy with Council in 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. Affirmative roll call vote unanimous, 6/0, Dickson absent.
Mayor declared motion carried. Council adjourned to executive session at
6:30 p.m.
Planning 8 Program Development: Reel 86-C41, Side 2
Schmeiser stated three projects: open space, economic development revolving
loan fund, and streamlining development process, were inadvertently omitted
from his April 25 memo regarding urban planning division work program; the
work activities have been divided into three categories: ongoing activities,
ad hoc tasks, and long-range tasks; and Council needs to prioritize future
projects and delete unnecessary projects.
Franklin said preliminary work has been done on the zoning ordinance amend-
ments (physical limitations of the lot, illuminated awnings, special excep-
tions to modify yard requirements, and noise generating equipment) and
considerable work has been done on the open space ordinance. Franklin recom-
mended deleting the Hutchinson/Bayard Street project from the list of ad hoc
tasks. Zuber suggested deleting the Hutchinson/Bayard Street project and the
economic development revolving loan fund projects and postponing any work on
the Mesquakie Park development and Urban Environment Ad Hoc Committee fragile
area recommendations. Strait stated his opposition to postponing work on the
Urban Environment Ad Hoc Committee recommendations. Helling stated the Parks
and Rec Commission is working on the Mesquakie Park development project.
Franklin stated the economic development coordinator is working on the eco-
nomic development revolving loan fund. Council agreed to delete the
Hutchinson/Bayard Street project.
Courtney stated work to evaluate the amendments to provide bed and breakfast
establishments could be delayed until more staff is available. Ambrisco
inquired about the need to revise the City Plaza ordinance. Franklin ex-
plained revisions to the City Plaza ordinance has been under consideration
for three years and applies to the Plaza vendors and reviewing City Plaza
construction. Helling stated the City Council established a policy to not
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allow construction into the Plaza area but the ordinance had not been
amended. Helling noted the economic development coordinator has worked on
an extensive redraft of the City Plaza ordinance. Timmins said the plaza
ordinance revisions will be presented to Council along with the plaza cafe
ordinance. Courtney inquired about evaluating parking recommendations for
sororities and fraternities. Franklin stated the parking requirements for
sororities and fraternities and food preparation/delivery services should be
addressed. Franklin explained the ad hoc tasks will be done as staff time
permits.
Franklin reviewed the long-range tasks: Comprehensive Plan, fringe area
agreement, subdivision regulations, conditional zoning, and storm water
management study. Baker suggested incorporating the Urban Environment Ad Hoc
Committee recommendations with the subdivision regulations. Courtney sug-
gested placing conditional zoning on the list of long-range tasks. Baker
asked what work needs to be done on streamlining the development process.
Franklin explained that an intern has developed a flow chart of the develop-
ment process, the flow chart needs to be reviewed and established in a bro-
chure form, and the brochure reviewed by the Chamber of Commerce Economic
Development Committee. Council reprioritized the list of long-range tasks as
follows: Comprehensive Plan Update, Johnson County/Iowa City Fringe Area
Policy Agreement, review subdivision regulations, streamline developmnt
process, storm water, open space ordinance, conditional zoning procedures.
In response to Ambrisco, Franklin stated the Chair of the Planning and Zoning
Commission requested that the task to evaluate amendments to height require-
ments for accessory buildings be added to the Planning and Zoning Commission
pending list. Council agreed to keep the Urban Environment Ad Hoc Committee
recommendations on the Planning and Zoning Commission's schedule. Council
discussed the open space ordinance and decided to keep it on the list of
long-range tasks.
Helling asked Council for clarification regarding the filling of the vacant
Associate Planner's position. Council agreed to advertise for the position
immediately.
Transit Marketing Proposals and Systems Overlap
Reel 86-C43, Side 1
Councilmember Strait introduced JCCOG Ad Hoc Transit Study Committee members:
Phil Shive, Dave Ricketts, and Ann Rawland. Strait noted Councilmembers
received the April 24 memo from Davidson and Lundell regarding update on
activities of the Transit Committee.
Davidson said there are five areas where bus service by Iowa City, Coralvilie
and/or CAMBUS overlaps but only one of those five areas is considered a
duplication of service. Davidson explained that the Iowa City North Dubuque
Route and the CAMBUS route duplicate service to Mayflower Apartments. He
added CAMBUS cannot service a full north
route
tto the
trailer
University'scourts
b cause
of time constraints, capacity problems
that
CAMBUS service University facilities. Strait emphasized that CAMBUS has been
very
mat ionive.between three bus ems
Davidson
there has been a lot of cooperation and
coordi
r-
Lundell reviewed bus market ideas:
1. Thirty second TV spots (prepared by staff or Heritage):
2. Pamphlet promoting bus pass use.
3. Inside bus advertising program.
4. Selling advertising on route maps and passes.
5. Install downtown schedule display case.
6. Individual bus stop schedule display cases.
7. Slide/tape promotion package.
8. Elementary school program.
9. Promote ACT/NCS tripper service.
10. Information table in old Capitol Center to sell passes.
11. Park and ride lot at Sycamore Mall.
12. Bus and Shop proposal.
Lundell said applications have been submitted to fund projects 67-11 listed.
Dave Ricketts, Director of CAMBUS, stated CAMBUS has been selling 25 spaces
inside buses for advertising; received $8,000 last year from selling the
advertising; and pays a 25% commission to the person selling the advertising.
Ricketts proposed Iowa City employ the same salesperson to sell advertising
for the Iowa City buses. Ricketts explained CAMBUS does not sell advertising
for the exterior of buses and utilizes a clear set of standards regarding the
type of advertising allowed for the interior of buses.
Phil Shive proposed changing the Bus & Shop program so that a shopper would
receive a bus pass worth 30t for each $10 purchase. Shive also requested
that the City account for the used Bus & Shop passes and send the Chamber of
Commerce a bill. Shive stated extensive advertising is planned to encourage
area merchants to join the Bus & Shop program. Zuber raised concerns about
the decrease in bus ridership and use of downtown parking and asked if shop-
pers are now going to outlying areas. Baker said there would be inconsisten-
cies between the Park & Shop program and the Bus & Shop program if bus riders
would have to pay the remaining 20t to ride the bus, while parkers have
their complete hourly fee paid.
Ambrisco noted appreciation for the
Committee and requesting information
nearby communities to shop.
Airport Compliance Project:
work done by the Ad Hoc Transit Study
to determine if persons are going to
Reel 86-C44, Side 1
Strait asked Zehr to disclose information received from Mr. Sasser at a
recent conference in Des Moines. Zehr said he discussed the compliance
project and uses in clear zone to Runway 17 with Sasser. Timmins stated
Sasser addressed the impact of the Graham-Rudmann bill on the amount of money
available from the airport trust fund for airport improvements. Strait
stated he believed the Iowa City Airport will not receive any federal fund-
ing. Zehr stated there has never been any guarantee for the funding. Zuber
referred Zehr to an article in the ICMA Newsletter and asked him to explain
the federal government proposals. Zehr said he is unaware of the federal
government proposals. In response to Zuber, Zehr explained a $286 construc-
tion cost bid was received and land acquisition costs are estimated at
$300,000. McDonald recommended the City proceed with the airport compliance
project as originally proposed. Strait asked Council to delay any decisions
7 a1
fi
for one week and to hold an executive session with the Airport Commission and
legal staff. Baker raised concerns about the long-term future of the airport
letter from the Chamber of Commerce urging the
and the City's obligation to the airport. Ambrisco noted Council received a
City to proceed with the
compliance project. Council agreed to direct the Airport Commission to
proceed with the compliance project as proposed.
Council Time:
Reel 86-C44, Side 1
Strait stated the construction debris has been removed from the Max Yocum
property at the intersection of Governor/Kimball.
City Manager Search Update:
Timmins stated there is a problem in the role of the City Manager Search
Committee in the selection process and the problem relates to a conflict
between the City's interest in assuring applicants a measure of confidential-
ity versus the public's interest in open meetings/records law. Timmins noted
the impact of the open meetings law was not originally discussed with Mr.
Oldani. Timmins explained the search committee is considered a governmental
body and is subject to requirements of the open meetings law; there is a
narrow section in the open meetings law that allows closed session evalua-
tions of particular candidates when a closed session is deemed necessary to
prevent needless and irreparable injury to the applicant and the applicant
requests a closed session; and that section is not broad enough to allow a
closed session discussion of a broad field of applicants. Timmins stated
that today he advised against Mr. Oldani holding a closed session meeting
with the search committee to review applicants. Timmins said the Council
could narrow the scope of the search committee's effort so that they only
assist in the screening of the final 5-10 qualified applicants or allow the
search committee to assist the consultant in screening the larger number of
applicants with the understanding that the work sessions would be open and
applications submitted to open public record. Timmins recommended a process
that guarantees the open meetings law is honored. Council agreed to narrow
the scope of the search committee's efforts so they only assist in the final
screening of applicants. Council outlined a procedure whereby Oldani would
narrow candidates down to 5-7, interviews would be conducted by the Selection
Committee, then with City Council, and recommendations would be received by
Council from the Committee after both parties had completed interviews. In
response to Oldani, Timmins stated information from the consultant that has
not been exchanged with any member of the City government and is not subject
to the open meetings law.
Oldani reported 76 resumes were submitted, 54 of the resumes were reasonably
qualified, and resumes were received from 3 Blacks, 2 Hispanics, and 3 fe-
males. Oldani said the quality of candidates seems uniformly high. Oldani
said final candidate interviews with Council is tentatively scheduled June 4,
5 and 6. Courtney and Zuber noted schedule conflicts with those dates.
Meeting adjourned at 9:20 p.m.
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INFORMAL COUNCIL DISCUSSION
MAY 5, 1986
Informal Council Discussion: May 5, 1986, at 7:00 PM in the Council Chambers
at t e CT vic Cen er. Mayor Bill Ambrisco presiding.
Council Present: Ambrisco, Strait, Dickson, McDonald (7:07 PM), Courtney
a er :50 PM).
Staff Present: Timmins, Karr, Vitosh, Helling, Franklin, Milkman, O'Malley.
Tape Recorded: Reel 86-C45, Side 1, All; Side 2, All.
Consent Calendar ,
Reel 86-C45, Side 1
Council agreed to add request by Mumms and Mama Capones to approve beer and
liquor license to their formal agenda.
Planning and Zoning Matters Reel 86-C45, Side 1
A. Ordinance to establish the name Old Hi hwa 218 South. Strait asked if
readings could a collapsed. ran in sai a readings could be
waived.
B. Ordinance to amend the Zonin Ordinance to re ulate monument si ns in
zone. ran in sal a e er was receive rom enn i ers,
ou ga a evelopment, asking for a waiver of a reading and final adop-
tion at tomorrow's formal Council meeting.
C. Ordinance to amend Chapter 27 Division 2 Large Scale Non -Residential
Development regulations. Franklin stated that there has been a request
to the second reading and adopt the ordinance.
D. Resolution a rovin the reliminar and final subdivision lat of Kitt
Lee Su iv sion. ran in exp aimed is u t e r an our ivr
sion o ie —prat; the houses on the two lots are already constructed;
there was a request for a waiver of the preliminary plat requirements;
the Planning and Zoning Commission recommended approval with the waiver
of the preliminary platting requirements. Strait asked if there was good
reason to waive the fee for subdivision review. In response to Strait,
Franklin stated she did not know of any cases where the subdivision fee
was waived. (See Council Time 91.)
Appointments Reel 86-C45, Side 1
Mayor's Youth Employment: Readvertise.
Riverfront Commission - Laura Lovell
Resources Conservation Commission - 1) Hilda Crain 2) Readvertise.
Council Time Reel 86-C45, Side I
1. Formal agenda item 95.d. - Kitty Lee Subdivision. Zuber asked if the
Davis family was required to pay both the City and County for the subdi-
vision and if they gave the City property along Mormon Trek Boulevard.
I
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Informal Discussion
May 5, 1986
Page 2
Franklin explained that with any County subdivision reviewed by the City
there is an application to the County and an application made to the
City. Franklin stated fees are paid to the County and City for two
separate reviews. Franklin stated the Davis' gave the right-of-way of
Mormon Trek Boulevard to the City. In response to Zuber, Franklin
explained the Davis' had to come before the City because the property
has been built on and not subdivided and they should have come before
the City and County before the property was actually constructed on.
Zuber stated there should be exception in this case. Franklin explained
there should have been a subdivision when three buildings and lots were
established and at this point, with a fourth building and a fourth lot,
the Davis' have been apprised that a subdivision is required. Zuber
asked if the Davis' lost property to the new highway construction.
Franklin said the Davis' were compensated for property used for con-
struction of Interstate 380 and the Mormon Trek realignment.
Plaza Cafe
Reel 86-C45, Side 1
Timmins stated that terminology "sidewalk cafe" is not being used because
there are no sidewalks in the plaza and there may be a need in the future to
regulate the sidewalk cafes in other parts of town. Timmins explained a
comprehensive redraft of Chapter 9 of the Code is being presented. Timmins
reviewed Ordinances amending Chapter 9 and Chapter 5, including definitions
of the plaza cafe and outdoor service areas. Timmins stated the ordinance
provides that a plaza cafe is established when someone applies to the City
for a plaza cafe permit and the property is leased to that individual with a
formal lease approved by the City Council by resolution. Timmins added the
lease will extend May 1 to August 31 and hours of operation will be provided
in the lease.
Timmins stated the use of alcohol is addressed in the outdoor service ordi-
nance. Timmins explained that a plaza cafe permit and lease and permission
to operate an outdoor service area are required to use alcoholin the plaza
cafe.
Timmins said changes were made to the exemption relating to Outdoor Service
Areas which were existing at the point in time when the earlier regulations
were adopted, and to the exemption for "outdoor service areas abutting the
plaza." Regarding exemptions that were drafted in the outdoor service area
regulations, Timmins stated pre-existing outdoor service areas can apply for
exemptions from the physical requirements (access, screening), but they have
to demonstrate a compelling need and that the exemption would not be injuri-
ous to health, welfare and safety. Timmins said they have one year from the
date of enactment to get such an exemption. Timmins stated the City could
justify the blanket exemption for plaza cafes and outdoor service areas in
the plaza from these same physical requirements as long as they observe the
limited hours of operation specified for plaza cafes and outdoor cafes adja-
cent to the plaza.
In response to Zuber, Timmins explained an outdoor service area is not to be
accessible from any place except the building which it abuts, but that there
is an exception for outdoor service areas in the plaza area. Timmins said
that the operator of the outdoor service areas is required to ensure seating
_,Lk,
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Informal Discussion
May 5, 1986
Page 3
capacity of the abutting building is not exceeded. Strait inquired about
liability. Timmins said the lease requires the operator to agree
contractually to indemnify, defend and hold the City harmless and carry
insurance. Timmins said there may be more liability in terms of policing the
plaza. Helling stated he does not anticipate any major problems but there
may be some noise problems.
Zuber raised concerns about the impact of the plaza cafes to adjacent busi-
nesses. Timmins stated the businesses adjacent to the plaza cafe have vested
interest in knowing what is going on; the plaza cafe does not necessarily
constitute an obstruction of the right-of-way and should make their inten-
tions known to all abutting owners to allow them to express any concerns to
Council; and Council can address those concerns and make a specific finding.
Zuber asked what the City's liability would be if a plaza cafe causes an
adjacent businesses sales to decrease. Timmins stated that he has not found
any legal cases that addresses that specific situation. Timmins explained
there have been legal cases addressing when cities create a particular change
in traffic patterns and cause businesses to lose their primary access.
Timmins explained that as long as access to a particular street is preserved
there would not necessarily be a claim because circuity of travel causes a
drop in business; the courts have said that just because it is more circui-
tous to get to your store and there has been a loss of business, it doesn't
mean that you don't have access to the street and the city owes you money for
denial of access.
Strait asked what the Downtown Association and the Chamber of Commerce posi-
tions are. McDonald explained there are several businesses for plaza cafes
and several businesses against them. McDonald stated businesses have raised
concerns about how the plaza cafes will be regulated and that the ordinance
addresses those potential problems. Zuber stated a public hearing should be
held. Ambrisco asked if the legal staff has addressed the issue of screening
exposed areas during consumption of alcohol on the public right-of-way.
Timmins explained that the justifications for making the screening exemptions
for plaza cafes are that the months and hours of operation are limited and
plaza cafes are already in an active and heavily pedestrian oriented area.
Ambrisco asked if the City would allow plaza bricks to be removed or drilled
into to anchor down materials. Helling said the City would not permit
bricks to be removed or drilled into. Courtney asked if the open container
ordinance was addressed. Timmins stated that cafes are not a public area but
he will further research that issue.
McDonald spoke in favor of the plaza cafes and noted that plaza cafes will be
reviewed on a yearly basis. Ambrisco raised concerns that plaza cafes may
force additional competition among businesses, congest the plaza area, deter
development of non-food retail establishments and serve only one segment of
the population. In response to Zuber, Ambrisco said the Downtown Association
voted 16 - for and 15 - against plaza cafes. McDonald said the Downtown
Association decided to not take a formal position. Strait raised concerns
about creating congestion in the plaza area.
Councilmembers discussed the need to hold a public hearing on the ordinances
and a majority of Council agreed to hold that public hearing before making a
final decision.
Informal Discussion
May 5, 1986
Page 4
Executive Session
Ni
Moved by Zuber, seconded by Courtney, to adjourn to executive session under
Section 21.5.c. to discuss strategy with Council on matters that are pres-
ently in litigation or where litigation is imminent whereas disclosure would
be likely to prejudice - or disadvantage the position of the government body
in the litigation; Section 21.5 - Strategy - non-union employees under
authority of Code 21.9 to discuss strategy and matters related to employment
conditions of employees who are not covered by collective bargaining agree-
ment under Chapter 20; and Section 20 - Collective Bargaining - to discuss as
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). Affirmtive roll call vote unanimous, 7/0.
Mayor declared motion carried. Council adjourned to executive session at
8:10 PM.
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