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HomeMy WebLinkAbout1985-04-09 Minutes numberedCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES April 9, 1985 Iowa City Council, reg. mtg., 4/9/85, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: lambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: none. Staffinembers present: Berlin, Melling, Jansen, Karr, Milkman, Schmadeke, Farmer, Davidson, Zehr. Council minutes tape recorded on Tape 85-C28, Side 1, 254 End and Side 2, 1 -End and 85-C34, Side 1, 1 -End and Side 2, 1-75. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-75, Bk. 85, p. S (o 198, RESOLUTION OF COMMENDATION FOR RUTH WALTERS, in recognitionuof 19 years rs of service. Affirmative Roll call vote unanimous, 7/0, all present. The Mayor declared the resolution adopted. Dennis Langenberg, Chair of the Johnson County Bd. of Supervisors, .65 �. presented a check for $200,000 to the City for Elm Grove Park. The Mayor noted the edt cooperation between the toCity and bergnty on this sale and presented the 1985 as Medical Laboratory Week; 'S'V Mayor McDonald proclaimed April 14-20, o 1985 21, 1985sasgA Taste ofpril B-14, Iowa City Weeks as Week of the Young li The Mayor noted the addition of the liquor license for The Vine to the S q that the folG Consent Calendar. Moved by Strait, seconded by Ambrisrec roved items and recommendations in the Conslowingent Calendar be received, or app and /or adopted as amended: Approval of Official Council actions of the regular meeting of 3/12/85 and the special meeting of 4/2/85, as published, subject to 5��e.3� correction and as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - 3/7/85; Committee on Community Needs - 3/19/85; Mayor's Youth Employment - 3/20/85; Parks and Recreation Conm. 3/13/85; Human Rights Comm. - 2/25/85; Airport Comm. -� 2/13/85; Design Review Comm. - 3/6/85, 3/20/85; R /19/8 ; arte -12/5/84, 3/6/85; Urban Environment Ad Hoc Conn. - 2/19/85; Charter Review Comm. 1/21/85; Bd. of Adjustment - 2/13/85; Civil Service Comm. Comm/852/11/8585Historic9Preservation Comm — 2 13/gersources Conservation Permit Motions: Approving Class C Liquor License for Lenny's LTD dba 5 2C Lenny's, 122 Wright Street. Approving Class C Liquor License for Kennedy 5 7 9 Investments Inc. dba The Vine Tavern, 330 E. Prentiss. Motions: Approving disbursements in the amount of $1,932, 524.88 for 5 80 the period of 2/1 thru 2/28/85, as recommended by the Finance Director, 59 subject to audit. Authorizing the City Engr. to sign an app lication for use of highway right-of-way for utilities accomnodation to Northwestthe ern Bell Telephone Co. for N. Dodge Street and Brown Street. ri ht°of way for S 8-Z City Engr. to sign an application for use of highway g utilities accommodation to Iowa -Illinois Gas & Electric Co. for Highway 218 South (Riversidenapplication for useest Street. of highway right-ofutili- 583 Engr. to sign an app 6 and ties accommodation to Iowa -Illinois Gas & Electric Co. for Highway Council Activities April 9, 1985 Page 2 alley west off Valley Avenue. Granting permission to River City Balloonists Association to use a portion of City Park for launching hot._LY-/, air balloons. Resolutions: RES. 85-76, Bk. 85, p. 200, ADOPTING SUPPLEMENT NUMBER 58 S 23 to the Code of Ordinances of the City of Iowa City, Iowa. RES. 85-77, Bk. 85, p. 201, AUTHORIZING THE POLICE DEPARTMENT TO HOLD AN ABANDONED X86 BICYCLE SALE Sunday, 4/28/85, in Chauncey Swan Parking Lot. Setting public hearings: RES. 85-78, BK. 85, p. 202, TO SET PUBLIC 597 HEARING FOR 4/23/85 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE COURT IMPROVEMENTS PROJECT. RES. 85-79, Bk. 85, p. 203, TO SET PUBLIC HEARING FOR 5/21/85 .5-9? ON THE CITY OF IOWA CITY'S FY86 STATE TRANSIT ASSISTANCE APPLICATION. Correspondence: Letters objecting to the proposal to establish a zoo Ski from: Shari Bleuer and Ruth Wagner and Petition from Sibyl Christensen, X90 Celia Eckey, Anna Torppa, and Patricia Farrant. Mr. & Mrs. Wm. Eginton -4-7/ regarding Urban Environment Policies and requesting the area bounded by Ferson, Richards and Highway 6 be designated an environmentally sensitive area, referred to PPD Dept. for reply. Chamber of Commerce regarding theme additional levels for the Dubuque Street Ramp. Letter and petition from the Downtown Association regarding the additional levels for the Dubuque 93 Street Ramp. Chamber of Commerce expressing thanks for the cooperation of the City staff and the Planning and Zoning Commission in deliberations on the Sign Ordinance. Kathleen Janz regarding support for the local.S S chapter of the American Red Cross. Letters regarding the proposed .596 rezoning of the Melrose Lake area from: William Meardon, John Hayek, Terence and Glenys Williams, Dr. & Mrs. Donald Klotz, Geraldine Busse. Chairperson of the Bd. of Supervisors expressing support for the 59 9 Headstart School. Letters of resignation from: Bob Singerman, Resources 59A Conservation Commission; David Levy, Resources Conservation Commission; Diana Lewis, Riverfront Commission; Anne Swedish -Moses, Riverfront Commission. Memo from the Traffic Engr, regarding: Time limit of 59 parking meters in the 300 block of Iowa Avenue; Parking on the north side le0o of the 100 block of East Lafayette Street. Memo from the Civil Service o Commission submitting certified lists of applicants for the followin positions: Mass Transit Operator - Transit; Administrative Clerk Typist - City Clerk; Maintenance Worker I - Parking; Senior Maintenance Worker o Landfill; Radio Dispatcher - Police. b o S Appli(Aions for Use of Streets and Public Grounds: Heidi McNeil to 0 6 have the First Annual Race Judicata on 4/13/85, approved. Janet Lyness to picket in front of the Emma Goldman Clinic on 4/6/85, from 9:00 a.m.ko 7 to 5:00 p.m., approved. Kathleen Steve to sell Girl Scout cookies on 6 o P Blackhawk Minipark on 3/16/85, approved. Iowa City Striders Running Club G o 9 to have a St. Pat's Day Run on Sunday, 3/17/85, approved. Marnetta Shetler to have a prayer vigil for peace on 3/13/85, 3/20/85, 3/27/85, G /o 4/3/85, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and requested that item 5g(11) be deleted/-,// from the Consent Calendar and inserted as item 20C, Recommendation of Boards Council Activities April 9, 1985 Page 3 and Commissions. Baker as to the Chicago� he Cubs. The city Manager lstatedd2 the amount was for disbursement recreationt� /z department trip and would be reimbursed. by Dickson, to set a public hearing for Moved by Ambrisco, seconded 4/23/85, on the Iowa City Zoning Ordinance and map. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Ambrisco, to set a public hearing for 4/23/85, on an ordinance to change the name of Highlander Drive to Northgate�— Drive. The Mayor declared the motion carried unanimously, 7/0, all Council- members present. A public hearing was held on a resolution to dispose of n Cae Partion of the F Four) G 15 Mormon Trek Boulevard right-of-way near Plaen View redVe (The Mayor explained and the Iowa City corporate limits. No one pp was the difference between the difference in the valuation of the property the previous assessment and the current. Moved by Dickson, seconded by Ambrisco, to adopt RES. 85 80, Bk. 85, pp. NEAR PLAENO VIEW DISPOSE DRIVE ANDPORTION OF IOWA THEMORMON OCORPORATE LIMITS (TyRD RnG Cae FPart '11d Four). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on a resolution to dispose of a portion of the Highway 1 West right-of-wayadjacentto Ruppert Subdivision Part One at 809 Highway 1 West. No one appeared. RES. 85 81, Bk. 35, pp Moved by Zuber, seconded by Strait, to adopt . RIGHT OF AUHORIZING WAYTADJACENT TOORUPPERTEOF A SUBDIVISIONRPART ONE ATTION OF H809HHIGHWAY 1 WEST. G /� Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced that the next item on the agenda was the ordinanli- ce rezoning eaoedrandsrequestedfor enC unc lllrezone the. oeasterntypa cel tandhe edefer cant, app action on the western parcel until after July 1st when new legislation would in effect allowing ethe City enter parcelthat into an theement propertytwou when exld be excavation is completed on thewestern rezoned back to current zoning. McDonald noted that staff had distributed an ordinance this evening rezoning aseindicatedeastern poncthe and agendaand that Council ordinance / 9 two options, to rezone both prcrcel as indicated in the in the packet or to rezone only the eastern pasta ordinance distributed this licantgwouldn beerequiredonse otocgo thru thenormal Milkman stated that the app rezoning procedures with the Planning and Zoning Commission in July he rezoning divide hisarcel.applicat ton andninathisacaseted tthe applhat an icant hasnt h agreed Honohan to defer consideration of the we parcel until after July 1st. suggested requested that the matter not go thru the whole process again and Sugg that Council simply defer the western parcel until July. Council questioned Council Activities April 9, 1985 Page 4 the necessity to require the applicant go thru the whole process again. The City Attorney stated that Council in effect could waive the requirements of the rezoning procedure when the rezoning request was reconsidered. Moved by Dickson, seconded by Ambrisco, to substitute the ordinance distributed this evening for the agenda item and to defer the rezoning application and consideration on the western parcel. The Mayor declared the motion carried, 6/0, with Strait abstaining. Honohan requested the ordinance be passed and adopted that evening due to Council not meeting the last week in March. Baker stated he was not in favor of waiving all three readings this evening. Erdahl reported on the Rules Committee interpretation regarding extraordinary majority votes required. The opinion of the Committee was when a member abstains for reason of conflict of interest that the extraordinary majority should be calculated based on the remaining voting members. Based on the number of Councilmembers voting on this matter, 5 out of 6 would constitute an extraordinary majority. The Rules Committee interpretation was sent to the League of Municipalities and the City Attorney for review. City Atty. Jansen stated he and the counsel for the League had reviewed the interpreta- tion and that he had no strong opposition to what the Rules Committee was saying on legal grounds. He stated the Iowa Code states three-fourths of members of Council but the question is whether it means the member of Council as an entire body or as a quorum present at the meeting. He further recom- mended the policy be adopted as part of the rules of Council. Councilmember Strait explained his abstention on the rezoning due to his faculty status at the Law School and the fact that the Iowa Law School Foundation is involved as part owner of the parcel to be rezoned. Erdahl pointed out that the policy suggests a Councilmember abstaining for conflict of interest, if possible, state the reason. Moved by Erdahl, seconded by Strait, to etablish a new rule of Council and allow Council to vote upon that rule before completing a vote on the rezoning matter before them. Council questioned the City Attorney re the item not being listed on the agenda. The City Attorney stated this was an internal rule and as a legislative body Council has the right to set up governing rules. It was his opinion that items listed on the agenda go to the question of public policy issues. Baker stated he agreed with the proposed change but did not agree on the way Council was changing it by voting on it this evening and would therefore be voting against it. The Mayor declared the motion to establish a new rule of Council carried, 6/1, Baker voting "no." Moved by Ambrisco, seconded by Erdahl, that the rule requiring ordinances 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 sus- pended, the first and second consideration and vote be waived and that ORD. 85-3230, Bk. 25, pp. 79-81, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY AT THE SOUTHERN IOWA CITY CITY LIMITS BETWEEN THE IZAAK WALTON LEAGUE PROPERTY TO THE EAST AND THE WEST LINE OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. TO THE WEST FROM I-1 TO I-2, be voted on for final passage at this time. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Ambrisco, Dickson, Erdahl, McDonald, Zuber. Nays: Baker. Abstaining: Strait. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 5/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Zuber, Ambrisco. Nays: Baker. Abstaining: Strait. Council Activities April 9, 1985 Page 5 Moved by Ambrisco, seconded by Strait, that the ordinance to rezone property in the southwest quarter of the northeast quarter of the northwest quarter of Section 16 in Township 79 North, Range 6 West of the Fifth Principal Meridian (aka Neuzil property) from RM -12 to RS -8, be given second vote for passage. The Mayor declared the motion carried, 6/1, with the boa 0 following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Strait, Baker, Ambrisco. Nays: Zuber. Moved by Erdahl, seconded by Strait, to accept correspondence from Betty & Al Thomas and Frank & Mary Glick representing the Melrose Lake Community Association. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Strait, that the ordinance to rezone property bounded by University Heights to the North, the former CRI&P railroad to the East, the Lakewood Addition to the South and on the West by the East line of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 16 in Township 79 North, Range 6 West of the 5th G -Z/ P.M., from RM -12 to RS -8, be given second vote for passage. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: Zuber. [Ordinance title differs from agenda of 3/12 and 4/9. Ordinance was revised per Council discussion of 2/25 and first and second readings were given to the ordinance as stated above but the title was never revised.) Moved by Ambrisco, seconded by Dickson, to adopt ORD. 85-3231, Bk. 25, pp. 82-85, AMENDMENT TO THE PLANNED DEVELOPMENT HOUSING PLAN FOR TY'N CRE, PART THREE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-82, Bk. 85, pp. 209-210, APPROVING THE PRELIMINARY SUBDIVISION PLAT AND PLANNED DEVELOPMENT �� 3 HOUSING PLAN OF TY'N CAE, PART FOUR. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt. RES. 85-83, Bk. 85, pp. 211-213, APPROVING THE FINAL SUBDIVISION PLAN OF RUPPERT SUBDIVISION PART ONE AND THE FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF MHI AUTO CENTER. (Mary Hartwig Inc.) Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to adopt RES. 85-84, Bk. 85, pp. 214-218, TO DISPOSE OF A PORTION OF THE PERMANENT FLOWAGE EASEMENT FOR THE 4. ?5 RALSTON CREEK NORTH BRANCH DETENTION BASIN, located in First & Rochester Part One. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Baker, to adopt RES. 85-85, Bk. 85, p. 219, ADOPTING THE URBAN ENVIRONMENTAL POLICIES AS AN ADDENDUM TO THE 1983 COMPRE- HENSIVE PLAN UPDATE. Affirmative roll call vote unanimous, 7/0, all Council- members present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Zuber, to adopt RES. B5-86, Bk. 85, pp. 220-221, APPROVING THE PRELIMINARY AND FINAL PLAT FOR BURKLEY SUBDIVISION. 6 2 Baker stated his intention to vote against the subdivision because he felt it Council Activities April 9, 1985 Page 6 was a sensitive area in Iowa City and that a better subdivision could be submitted in a few months with revised PAD and PDH requirements. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. Nays: Baker. Moved by Ambrisco, seconded by Dickson, to adopt a resolution adopting a preferred alignment for Foster Road at its intersection with North Dubuque Road near Bristol Drive. The Mayor summarized informal Council discussion of !�_?� the previous evening and stated the developer has agreed to develop the area under the amount requiring a secondary access. Therefore, no road will be put in as proposed by the resolution. The Mayor declared the resolution defeated unanimously, 0/•7, all Councilmembers present. Moved by Ambrisco, seconded by Baker, that the recommendation of the Planning and Zoning Commission regarding a request to rezone two acres north G'"?� of Rapid Creek Road and approximately 1.3 miles east of Highway 1 in Johnson County from A-1 to RS, is found to be inconsistent with the Johnson County/Iowa City Fringe Area Policy for Area 4 be forwarded to the Bd. of Supervisors. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on plans, specifications, form of contract, and cost estimate for the Groundwater Cut-off Trench, Iowa City Sanitary Landfill Project. Public Works Director Schmadeke explained the project would take care of the problem on the north 35 acres and that the south 35 acres had not 636 experienced the leachate problem. Councilmembers discussed the cost of the project and the impact of State legislation on the future of the site. The City Manager asked that his memo of 4/5/85 be included as part of the public hearing. Dickson noted the project was necessary because of State regula- tions but no money was being received from the State. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-87, Bk. 85, p. 222, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR_ THE GROUNDWATER CUT-OFF TRENCH, IOWA CITY SANITARY LANDFILL PROJECT AND AUTHORIZING BIDS TO BE RECEIVED APRIL 30, 1985. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. A public hearing was held on plans, specifications, form of contract, and cost estimate for the Outfall Relief Sewer Rehabilitation ProjectPublic Works Director Schmadeke explained the project involved replacing early 9032 1900's systems throughout the City. Darrell Lamb, Director of Engineering at Mercy Hospital, appeared and clarified the schedule for street closings around Mercy. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-88, Bk. 85, p. 223, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR 433 THE OUTFALL RELIEF SEWER SYSTEM REHABILITATION PROJECT AND AUTHORIZING BIDS TO BE RECEIVED APRIL 30, 1985. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Council Activities April 9, 1985 Page 7 A public hearing was held on plans, specifications, form of contract, and / cost estimate for the Burlington Street Concrete Repair Project. The City G 3� Manager stated the project would be undertaken earlier as Council requested. No one appeared. p. 224,APPROVING Moved by SPLANS, SPECIFICATIONS,trait, seconded by FORM FoCONTRACT adopt EAND S. BCOST �ESTIMATE� FOR 635 THE BURLINGTON STREET CONCRETE REPAIR PROJECT AND AUTHORIZING BIDS TO BE RECEIVED APRIL 30, 1985. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on the proposal to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate X36 principal amount not to exceed $1,100,000. No one appeared. Moved y seconded 225-229, TOPR CEED WITH THE bISSUc ISSUANCE ANCEANDSALE OFo, to adopt RINDUSTRIAL DEVELOPMENT 6-37 REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,100,000. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Phil Nychay, Resources Conservation Commission Chair, appeared and commended Council on their decision to defer granting Iowa -Illinois a 25 year gas and electric franchise. Council noted the letter from Nychay stating the official recommendations of the Resources Conservation Commission (item 20c), the recent resignations from the Commission, and the discrepancies between 639, the present and the proposed franchises. The City Manager will have an analysis of the present and proposed Iowa -Illinois franchise in next week's Council packet. Council requested copies of the Des Moines franchise be provided to the Council and RC Commission. A schedule for future considera- tions will be included with the memo from the City Manager to the Council and the Commission. The Mayor announced the following vacancies: Bd. of Library Trustees 63 9 -three vacancies for six-year terms ending 7/1/91; Committee on Community Needs - one vacancy for a three-year term ending 7/1/88; Riverfront Comm. two vacancies for unexpired terms: one term ending 12/1/85 and continuing to serve a full three-year term ending 12/1/88, the other unexpired term ends 12/1/86; Resources Conservation Comm. - two vacancies for unexpired terms 6 ,9� ending 1/1/86. These appointments will be made at the 5/21/85 meeting of the City Council. The Mayor stated there had been Council discussion since the informal meeting of the previous evening and requested nominations for the Planning and Zoning Commission appointments. Names of Karen Kubby, Rod Perry, and Kenneth Cooper were moved and seconded. Individual Councilmembers expressed their views. After discussion, the majority of Council favored the re -appointment of Perry and the appointment of Cooper. Moved by Zuber, seconded by Ambrisco, to appoint Kenneth Cooper, 600 W. Benton Street and to (_�43 re -appoint Rod Perry, 3231 Lower West Branch Road, to the Planning & Zoning Commission for five-year terms ending 5/1/90. The Mayor declared the motion carried unanimously, 6/1, Baker voting "no." Council Activities April 9, 1985 Page 8 Moved by Ambrisco, seconded by Erdahl, to appoint James Barfuss, 802 Washington Street and Mary Joan Streb, 703 Benton Ct., to the Housing Commission for three-year terms ending 5/1/88. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Strait, to appoint Jane P. Strabala, 19 Montrose, to the Committee on Community Needs for an unexpired term ending 644 3/1/86. The Mayor declared the motion carried unanimously, 7/0, all Council - members present. Councilmember Dickson noted the memo from the City Manager re the chief (v4,(6 librarian vacancy in Skokie, Illinois and commended the Iowa City Library staff for the fine job with a smaller budget and comparable figures. Ambrisco referenced bi-monthly Police Dept. report and noted the recent departure of 6 y% three officers. Baker called attention to 4 workshops dealing with problems Z7 associated with older homes. The workshops are a community project between the Historic Preservation Commission and Kirkwood College. Strait asked the City Manager to investigate a problem involving the removal of a bush at6,09 Willow Creek park. The City Manager stated staff was preparing a response. Recommendations of Boards and Commissions noted as follows: Recommenda- tion of the Design Review Committee that the preliminary design plans for /oSo redevelopment of Urban Renewal Parcel 65-2b for the Paul -Helen Building as proposed by the Small -Mears Building Company be approved as consistent with the Urban Renewal Plan and City Plaza design criteria and with the enthusias- tic commendation of the Design Review Committee. Recommendation of the Parks G3 and Recreation Commission: 1) That the City Council review the proposal submitted by the City Forester for the tree nursery, including the tree spade, in its entirety at their earliest convenience; 2) The Commission supports the acquisition of a boom bucket truck for the Forestry Division; 3) That the City Council refuse any request to re-establish a City zoo. Recom- mendations of the Resources Conservation Commission: 1) The Commission liS.2 supports the City Council's efforts to reach a fair and equitable franchise agreement between Iowa City and Iowa -Illinois Gas & Electric Company. We recommend that the City reconsider the issues of a 1% franchise fee as well as re -opening negotiations with the utility company. The Commission main- tains that the franchise fee is an integral part of the City's plan for an aggressive broad based energy conservation program for our City. 2) In conjunction with the proposed fee, we support a 10 -year franchise with a 5 -year re -opener clause available on demand by one party. If no fee can be agreed upon, then we recommend that the city grant no franchise to Iowa -Illinois Gas & Electric Company. Moved by Zuber, seconded by Ambrisco, to adopt. RES. 85-91, Bk. 85, p. 230, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE WILLOWCREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF 1985 COMMUNITY �5.3 DEVELOPMENT BLOCK GRANT FUNDS FOR IMPROVING HANDICAPPED ACCESSIBILITY TO THE WILLOWCREEK NEIGHBORHOOD CENTER. (Baker absent from room.) Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Council Activities April 9, 1985 Page 9 Moved by Zuber, seconded by Strait, to adopt RES. 85-92, Bk. 85, p. 231, AUTHORIZING THE MAYOR TO SIGH AND THE CITY CLERK TO ATTEST THE FY86 APPLICA- GSL TION FOR IOWA DOT STATE TRANSIT ASSISTANCE. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Zuber, to adopt. RES. 85-93, Bk. 85, pp. 232-235, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN EIGHTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR 655 TRANSIT SERVICES. (Baker returned.) Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-94, Bk. 85, pp. 236-237, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANSEN LIND MEYER, P.C. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR 6tS THE DUBUQUE STREET PARKING RAMP EXPANSION PROJECT. Council agreed to approve the resolution and contract with no contingency that construction would be completed by December 1985. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-95, Bk. 85, p. 238, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE KIRKWOOD CIRCLE IMPROVEMENTS PROJECT to M.J. Daly Construction Co. Inc. for $63,564.60. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Erdahl, to adopt RES. 85-96, Bk. 85, pp. 239-245, ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 1986 ENDING JUNE 30, S 1986, FOR PUBLIC HOUSING PROJECTS IA -022003 AND IA05PO22004. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Baker, that the ordinance amending Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, by adding new Article V thereto, entitled "Self -Fueling Regulations," be given first vote657 for passage. Airport Mgr. Zehr present for discussion. Council requested a copy of the letter from FAA indicating approval of the ordinance regarding self -fueling regulations. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Strait, that the rule requiring ordinances 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 first and second consideration and vote be waived and that ORD. 85-3232, Bk. 25, pp. 86-89, AMENDING SECTION 18-44 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO SUBSECTION (h), PROVIDING FOR JUDICIAL REVIEW OF ACTIONS OF THE HUMAN RIGHTS COMMISSION, be voted on for final passage at 6 0 this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Council Activities April 9, 1985 Page 10 Moved by Erdahl, seconded by Strait, to defer consideration of two ordinances: 1) an ordinance granting to Iowa -Illinois Gas 8 Electric Company, it successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system for a period of twenty-five years and to furnish and sell electric energy to said City and its inhabitants and 2) an ordinance granting to Iowa -Illinois Gas 8 Electric Company, it successors and assigns, for a period of twenty-five years the right and franchise to acquire, erect, maintain and operate in the City of Iowa City, a gas plant or plants for the production, storage, transmission, distribution, sale, delivery or furnishing of gas for public and private use in the City of Iowa City and elsewhere and to use the streets, avenues, alleys and public grounds and bridges in the City of Iowa City for the purpose of laying, constructing, maintaining, replacing and substituting mains, pipes, conduits, and other facilities for the transmission, distribution, sale, delivery or furnishings of gas for public and private use in the City of Iowa city and elsewhere. The Mayor noted Council discussion at informal session regarding the differences in the proposed ordinance and the present. He stated that the proposed ordinance appeared to be less restrictive and that Council intention was never to make it less restrictive. The Mayor declared the motion to defer carried unani- mously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Dickson, to adjourn 9:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM DATE: April 5, 1985 TO: City Council FROM: City Manager RE: Material in Friday's Packet Copy of letter from Mayor McDonald to Federal Communications Commission regarding proposed FCC rules. GG Z Copy of letter from Mayor McDonald to members of the House Labor and G�3 Industrial Relations Committee regarding Senate File 364. Memorandum from the City Manager regarding savings in dollars. Memorandum from the Department of Planning and Program Development regarding, redevelopment proposal for urban renewal parcel 65-2b. Notice of meeting of Southeast Iowa Municipal League on April 10. Ed Legislative Bulletin No. 6, March 29, 1985. 0 City of Iowa City MEMORANDUM DATE: April 5, 1985 TO: City Council FROM: City Manager RE: Material in Friday's Packet Copy of letter from Mayor McDonald to Federal Communications Commission regarding proposed FCC rules. GG^Z Copy of letter from Mayor McDonald to members of the House Labor and lo(o Industrial Relations Committee regarding Senate File 364. Memorandum from the City Manager regarding savings in dollars. (o(oY Memorandum from the Department of Planning and Program Development regardin4 GS redevelopment proposal for urban renewal parcel 65-2b. G Notice of meeting of Southeast Iowa Municipal League on April 10. G Legislative Bulletin No. 6, March 29, 1985. � i I I