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HomeMy WebLinkAbout1985-04-09 Council minutesInformal Council Discussion March 5, 1985 Informal Council Discussion: March 5, 1985, at 6:30 p.m. in the Council Chambers a e iv a en er. Mayor John McDonald presiding. Councilmembers Present:McDonald, Strait, Zuber, Ambrisco, Dickson (7:20 P.m. . sen r a Baker. Staff Present: Berlin, Helling, Karr, Franklin, Schoenfelder, Vitosh, Brae to , th. Ta eRecorded: Reel 85-C21, Side 2, 411 -End, 85-C25, Side 1, All, Side 2, Legislative Committee Reel 85-C21, Side 2 McDonald stated another meeting will be scheduled for the Legislative Committee to meet with area legislators to discuss specific issues that affect Iowa City. Helling reviewed the March 1, 1985 legislative bulletin; explained Iowa City does not want a local option tax as a trade-off for phasing out municipal assistance; and that the Council and Legislative Committee needs to be aware of the day-to-day activities in the legislature. Berlin noted that there are a number of bills that could impose additional cost to the City; the City's position is the state should provide more money if the City is required to pay out more funds; and collective bargaining legislation to be monitored. Heiling said staff will prepare a memo address- ing issues of concern for the Legislative Committee to present to area legislators. Melling reviewed mandated cost bills, including requiring an EEOC officer in cities with populations greater than 25,000, requiring minimum hours for firefighters and increasing retirement allowances for survivors of peace and fire officers. Council Time Reel 85-C21, Side 2 I. Ambrisco complimented City staff for the installation of the three handicapped parking spaces west of Younker's. 2. Council agreed that Berlin's proposed administrative confidential salary/merit pay formula is satisfactory. 3. Strait stated that Neal's memo on space was very informative. Airport Zoning -Board of Adiustment Membership Reel 85-C25, Side 1 McDonald said there could be a potential conflict with a Planning and Zoning Commission appointment and the appointment should be made by the Board of Adjustment. Berlin said staff will prepare a letter to the Chairman of the Board of Adjustment requesting an appointment. Review of Pending List Priorities Reel 85-C25, Side 1 Leasing of Airport Land for Commercial Use. Berlin stated that auto dealer- ship has requested action be put on hold. z Congregate Housing Development Alternatives. McDonald said staff is working on the congregate housing proposals. Iowa TheatrelypI Problems. Berlin said information has been prepared and can be sche u ed or discussion at any time. Housing Alternatives. Berlin said the Planning Department is reviewing what the City can do about mortgages for low income people. News a er lending -Machines. Berlin said legal staff has reviewed court cases and s rev, ev ew ng ideas. Zuber said the legislative committee should address the law that requires that City information (minutes, ordinances, etc.) be published in newspapers. Unrelated Roomers. Berlin stated Planning and Zoning Commission is working on unrelated roomers provisions in conjunction with their review of the whole ordinance. City Plaza Fountain Barrier. Berlin said staff is reviewing plans. Comprehensive. Economic Development Program. Berlin said First Capitol will present information to the Council. In response to Zuber, Berlin said Iowa City established businesses will be involved with economic development programs attaching new businesses. Berlin noted that established business expansion and nurturing ideas within the community is very important. Housing Inspection Process and Operating Policies. Berlin said he will contact HIS Director Boothroy to schedule a discussion. Liquor/Beer-License Suspension Policy. Legal staff is reviewing. n fes wi er presente -to ounc ees an asRpartroor the financial packagents. Berlin said wfor the osewere plant be Kirkwood/Dod e• Si nalization and Traffic Patterns. Berlin said he will contact ra is ngr. rac a and sc e u e a aiscugsion. Fees for Sign Permits. Berlin said fees for sign permits will come to Council automatica y when the ordinance is signed. Enerqv Conservation - Measures -.Funding-Program Reel 85-CZS, Side I Melling vation ram and rant program. reviewing 9000 refundon from the locaout lYutilityrcould beusedas matching funds seekingward a council grant authorization towasubmitgya Policy proposal thattaff grantll be In response to Strait, Melling said the microprocessor will have the capacity to calculate and keep track of energy use and monitor several energy management systems. Schoenfelder said the computer use will be dedicated to the energy conservation program. Schoenfelder explained that 90% of the money from the Iowa Energy Policy Council has to be applied to energy conservation measures for buildings. Helling explained that funds for the sewage treatment methane project will be used to partially fund consultation by Metcalf 8 Eddy. Ambrisco inquired about energy conservation projects that can be applied to older buildings owned by the City. Schoenfelder said energy audits will be upgraded to technical assistance audits to enable the City to apply for state money for funding energy conservation programs. Schoenfelder said EMS systems installed in buildings will help mechanical systems to operate at optimal efficiency. Ambrisco suggested staff contact liercy Hospital about their energy conservation equipment. McDonald complimented the Resources Conserva- tion Commission for their work on the energy conservation proposal. In response to McDonald, Schoenfelder explained that the energy conservation proposal will be submitted as a total package. Melling said the grant application will be prepared for submission by the end of the month. Phil Nychay, Resources Conservation Commission member, said money saved from the energy conservation program should be used in a community based energy conservation program. The Resources Conservation Commission would like an opportunity to respond to points raised by the Chamber of Commerce about the franchise fee, and the Commission would like to make another proposal for a franchise fee. McDonald said the Commission can still submit input about the franchise fee before Council takes final action on the franchise. Zuber noted the franchise fee proposal is dead. Nychay also noted that high pressure sodium lights are the most cost benefi- thelCity are h ghtpressure sodium athe City's ndlthe utility company suis that street ppliessuushmercury vapor lights. Melling suggested that a portion of the savings from -the energy conservation program be utilized to maintain the conservation program and stated that there will be future budget requests for the implementation of further energy conservation measures. Berlin noted there are reasons why money saved by the energy conservation program should stay within the City budget to be used for City operations. Berlin said that since a large portion of the energy funds cone from the enterprise fund and is paid for by consumers, it should stay within the enterprise fund. Council agreed with the energy conservation program proposal. Action Steps for FY86•Council Objectives Reel 85-C25, Side 2 Council reviewed the time table and responsibilities for implementation of Cound in the o from DalecMelling. and objectives inquired saboutithe impleme implementation 5 for addressing essi 9 space need and said his decisions will be based upon the cost of the sewer facility. Berlin said the space needs study will be presented to the Council for consideration within the month and space will need to be rented within 60 days for the new City Attorney's office needs. Zuber inquired about the staff work on the needs identification and assess- ment study for elderly housing facilities. Berlin said the working draft of actin ead .theoneeds pidentification iand elassessm ntrstudyuary 2pr pared8 memo abybMay revised r Zima for the department of HIS..." in ort therworkring draft. McDonald istatedsaid Councilr commitment to theoutlined airport still stands. Old Oubu ue Road/Bristol Drive/Foster Road Reel 85-C25, Side 1 Franklin stated Dean Oakes is not willing to acquire the necessary property from the to uld o west rom northerly road ,snorth ofcBristol talignment which Driveandwest toNorthoDubuq a Road.f Staff foot qnow uisitiac onmof ssomeeofatDr a Kennedy#2 whic's includes aproperty. 128 Berlin notednthatq thesCity Manager's office, Public Works, Traffic Engineering and Planning Departments 2Franklin said utmilwasn't concur with alternivn cebiswig to able to pond to the recommendation when continue discussion. ondary access extendseet required when a development Franklin explained that sec cntains 2beunits orry re orson tehen r time toprovidefor future feet.er than goo re devel pmentt the o north of the proposed development and south of I-80. In response to Strait, Franklin said the 125 foot jog between 'Foster Road' and Bristol a ive will be be disiavedncentive and wifor petol 28 feetVe In on responseristol ato Zuber, Berlin stated the City has a policy requiring secondary access in sub- divisions when they reach a certain size. Berlin said if Council decidesto cnd hange chiat tnithe� the policy ascit reil /atesuld ctosfutur ewhat subdivisionidevelopmentns are for secondary access. native #2 . Franklin Council willally forwardeadto the r solutionitorCouncil whichcwiillnamendathe previous policy rovaladopt the alternative12. land Zoning iConmission andected to C unciit l subAmbrisco for app Y said any objection from Mr. Kennedy should he brought to Council before Council gives its approval- Financial Policies for the Operatin Bg udget Reel 85-C25, Side 2 Vitosh said the policies have been followed for years a� are motion now iat formalized. Vitosh requested Council to approve the policy by in checking account and in nonsintereste to abearingVitosh accounts. Ambriscoe funds ainbudget quired abouendish flow ng fund balance has been increastosh edabutt itined hdoesat nnot yet proposed of the ash flow needs cash flow . Vitosh said the City needs to at IemPresoonse etocSt ait, Vitosh without resorting to short-term borrowing. P DiCity Cemyloyeesuare bonded. Larger bonds are carried on the Finance rector charges be ed changes eannn theowritten r biannually. olcy and recommended that fees and Lighting Project Reel 85-C25, Side 2 North Side Berlin stated senate present additional i lsinformation r nr taff. Brateleviewedcriteria in responding to a reidentialquestfo problems in response BracIn response said trees sStrait, have pBrachtel commented about the incentive rate as it pertains to mercury vapor lights. The commerce commission has agreed that if the franchise is 25 years or more, Iowa -Illinois will use an incentive rate for installation of new mercury Iowa-Illiht"linois willln areas not provide where thatthe incentivefranchise rate.is In eresponse tothan 50ickson, Brachtel explained more usable light is produced by sodium vapor lights. Executive Session journ to ve session under Sectiany28A�5F to evaluate the prto a ofesseconded bsionaldconpet ncy of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual's request to close the session (City Clerk). Mayor declared thell motionecarried nand adjournedtoa ecutive session, 8 Baker absent. :20 p.m. Informal Council Discussion March 11, 1985 Informal Council Discussion: March 11, 1985, at 6:35 p.m, in the Conference Roan at the Civic Center, Mayor John McDonald presiding. Councilmembers Present: Zuber, Strait, McDonald, Baker, Pmbrisco, Dickson, r a p.m. Staff Present: Berlin, Helling, Karr, Jansen, Franklin, Milkman, Beagle, SchmeTser, Boothroy, Patterson, Vitosh, Lundell, Davidson, Fowler. Tace-recorded: Reel 85-C23, Side 1, 35 -End, Side 2, all; 85-C26, Side 1, all, Side 2, 1-445. CONSENT CALENDAR: Reel 85-C23, Side 1 Council agreed to add the following to the Council agenda of March 12: consider a motion approving Class C Liquor License Sunday Sales for Micky's and holding a public hearing on resolution authorizing the Mayor and City Clerk to execute a deed conveying Elm Grove Park to Johnson County, Iowa. PLANNING S ZONING: Set public hearing to dispose of a portion of Mormon Trek Boulevard right-of-wey near P1aen•View•Drive. Dynevor, Inc., owners of Ty'n Cae Development, have submitted an offer for the property. The applicant, Gordon Russell, has requested to rezone all 32 acres from I-1 to I-2 for sand extraction. The Planning d Zoning Commission recommended rezoning the entire area from I-1 to I-2. Staff recommended that the eastern two-thirds of the property be rezoned to I-2 and the west one-third of the property remain as I-1. Schmeiser explained that the property has been identified as an industrial site ever since it was annexed into Iowa City and staff strongly recommends against rezoning the front portion of that prop- erty. Milkman said Russell, Izaak Walton League, and Wagner Memorial Foundation have an agreement which will be signed pending rezoning that 50 feet of a required 100 foot buffer zone be planted with trees. Jay Honohan, representing Gordon Russell, explained that Izaak Walton League and Wagner Memorial Foundation have been granted right of first refusal to purchase the pond. Honohan noted that 50% of the property is owned by Russell and the Law School Foundation owns the other 50% of the property. Russell requested that the entire property be rezoned because there may be quality sand on the western portion of the property. Russell will refill the land if sand and gravel are extracted. Honohan said Russell will comply with State regulations regarding sand and gravel extraction. In response to Baker, Honohan said Russell would be willing to rezone the property back to I-1 if it is not feasible to extract quality sand from the western portion of 2 the property. Ambrisco inquired if Russell would be willing to sign a long-term agreement, agreeing to refill the excavated area. Jansen stated contract zoning is illegal. Ambrisco requested to hear comments from a Planning & Zoning Commissioner who is in favor of the rezoning. Racnlijtinn to disoose of a oortion of the right-of-way adjacent to 624 South Milkman stated the applicant wishes to purchase the right-of-way adjacent to his property and has offered to purchase the property for $1,000. The assessed land value is $11,200. Milkman said due to the difference of the assessed land value and the offer, a compromise of $5100 would be appropri- ate. Baker suggested giving the land to Mr. Shinn in exchange for complete design review control. Jansen stated that the City cannot make a gift of public property and the design review approval is not a legal consideration. In response to Dickson, Berlin said the City is obligated to provide Mr. Shinn access to his property. Dickson raised concerns about the gas and oil pollution/spill. Dave00 Pothepr ,epresenting Mr. Shinn, said Mr. Shinn would be willing to pay o perty. �nevuvAnr..nf•A•vAratnd nortion of the richt-of-way adjacent to 624 No Council discussion. on No Council discussion. No Council discussion. Milkman noted the Public Works Department has no objections. No Council discussion. Milkman reviewed the zoning requests by the Melrose Lake Community Associa- tion for the three tracts. Consideration will be given to three separate ordinances for the tracts. Karr said a letter was received and distributed from Don Yarborough. Baker said the mortgage on the Melrose Lake property applies to the developed apartments only and requested staff verification on the financial arrangements for that property. Amend the sign regulations of the Zoning Ordinance. Discuss as a separate informal agenda item. Approve the preliminary plat of Kennedy's Waterfront Addition. Franklin introduced Barry Beagle, the new Associate Planner in the Planning Department. Beagle stated four of the five lots are ready for immediate development upon final plat approval. Staff and Planning b Zoning Commission recommended the plan be accepted as submitted. Milkman explained the request is for temporary buildings linked to the main structure. The Department of Public Works recommends the stormwater manage- ment be waived. The Planning 8 Zoning Commission approved the amendment to the LSNRD with the condition that if the temporary structures remain for more than 18 months, National Computer Systems will be required to comply with the Stormwater Management Ordinance. Berlin said Dr. Kennedy has requested this be deferred. NEW-SIGN•ORDINANCE: Reel 85-C23, Side 1 McDonald said five applications are being held until the new code is adopted or the moratorium expires. Berlin noted there were 38 responses to the Chamber of Commerce questionnaire. Council reviewed specific changes in the original ordinance. NON -PERMANENT SIGNS. Boothroy said staff did a drive-by window survey of non -permanent temporary signs. Boothroy reported that not many signs exceed the 25 percent requirement except at grocery stores, drug stores and special sales. Convenience stores did not exceed the 25 percent requirement due to the concerns of not blocking windows for security reasons. Boothroy said temporary sign standards would be difficult to enforce consistently and the City in the past has not regulated the 25 percent area requirement for non -permanent signs. In response to Strait, Boothroy said businesses can make appeals through the Board of Adjustment for sign variances, although few sign variances have been granted in the past. Darrell Courtney, Planning b Zoning Commissioner, said the Commission's intent was to deal with the occasional sign abuser who is making temporary signs more permanent. Erdahl suggested including a time period in the provision. Boothroy said there is a 30 day time limit in the regulations for non -permanent signs. Council agreed to the non -permanent signs provisions as written. FREE-STANDING SIGNS. Zuber inquired about the A1di's request for a 35 foot free-standing sign not being permitted under the new code. Input was for received from an Aldi's representative. Franklin explained applicants signs are required to comply with both the old and new ordinance to get a sign permit before March 18th. Courtney stated the Planning 8 Zoning Commission would accept a maximum 30 foot height for free-standing signs. Council agreed to 25 foot free-standing signs. BILLBOARDS. Franklin said the North Dodge billboards are being purchased by the State under the Federal Beautification Act. The State will remove the signs. McDonald inquired if the Council has the authority to regulate placements of billboards. Franklin said off -premise signs cannot be placed within 125 feet of a residential district and only junior -sized billboards are allowed under the proposed ordinance. Council agreed to retain the billboard provision as written. FASCIA SIGNS. Franklin explained real estate signs are permitted in all zones without a permit, still have size limitations, and would have to be taken down within 48 hours after a sale. Apartment vacancy signs are considered real estate signs. Ambrisco requested staff to check on the status of a lighted S&H Green Stamp sign on Iowa Avenue. Council agreed with fascia signs as proposed. PROJECTING SIGNS. McDonald stated the current and proposed ordinance prohibits projecting signs. GRANDFATHERING SIGNS. Ed Brinton, Chamber representative, urged Council to grandfather in all existing signs that were constructed under the existing ordinance. Council reviewed the proposed grandfathering provision. Boothroy explained when signs are changed they will be required to comply with the ordinance. Council agreed to delete the proposed January 19, 1992, date in which owners would have had to remove their non -conforming signs. ELECTRONIC SIGNS. Mr. Sovern, Nesper Signs owner, explained the original ordinance defined electronic signs as changing signs and were different from animated signs. The proposed ordinance is a dramatic change from the original ordinance. Sovern also noted the projecting signs provisions as proposed would be a hardship on businesses and the proposed ordinance is far more restrictive than the existing ordinance. In response to Berlin, Franklin said the proposed ordinance would not be more restrictive. Berlin suggested that staff keep track of the impact of the new ordinance on signs in Iowa City. Franklin reviewed the definition of changeable copy signs, animated signs, and electronic signs. Ambrisco inquired about the status of That's Rentertainment window signs. Boothroy explained charges have been filed by the City for using illegal animated signs. TIME AND TEMPERATURE. Franklin said the time and temperature signs would be allowed in more zones but would have the same requirements as the time and temperature signs in the downtown zones. CHAMBER OF COMMERCE INPUT. Jeff Romine reviewed concerns about fascia signs, corner signs, free-standing signs, and grandfathering in of existing signs as outlined in the March 8, 1985, letter from the Chamber of Commerce. McDonald explained the Council has the authority to amend the ordinance in the future. Council agreed with the ordinance as proposed which included the changes with real estate signs and removing the date in the grandfathering in of existing signs provision. Ambrisco emphasized that the Council should review the ordinance in the future if the ordinance is not workable. DOWNTOWN PARKING STUDY REPORT: Reel 85-C26, Side 1 McDonald commended City staff, HLM and Rich & Associates for efforts in work on the Iowa City Parking Study. Lundell thanked the Chamber Parking Commit- tee for their help. Lundell said HL14 and Rich & Associates were hired last May to design improve- ments to the Capitol Street ramp, study the structural integrity of the Dubuque Street ramp, do a financial feasibility study of the parking system, and finally, assess future parking needs. The study was tailored after characteristics of Iowa City and came up with present day and future parking demands. Three different scenarios were used to account for potential development in downtown Iowa City. Five sites (Plaza Centre One, Senior Center, Civic Center, Chauncey Swan, south of Burlington Street) were reviewed for a potential third parking facility in the downtown area. Lundell said the study can be used to focus the direction for any expanded parking needs beyond the addition to the Dubuque Street ramp. John Benz, HLM, reviewed the seven issues that relate to parking (cover letter), recommendations based on the parking study (page I), and summary of demand for additional parking spaces (page 60) as outlined in the Final Report -•Iowa-City Parking Study. Ambrisco inquired about the corkscrew egress from the existing Dubuque Street ramp as it relates to Parcel 64-1a. Benz said the City could expand the ramp and leave traffic circulating as it is until plans for the 64-1a are deter- mined or the City could install the corkscrew and install footings to allow for development of additional structured parking. Rich said there is a contingency plan to reverse the traffic flow within the structure. Benz said ideally the expanded parking ramp should exit out onto Parcel 64-1a and out to Linn Street. Councilmembers discussed permit parking and parking at different downtown sites. Lundell noted that people on the monthly permit waiting list are now parking at various locations throughout downtown, including the existing ramps, Recreation Center, Chauncey Swan, east of Van Buren Street, and riding the bus. Ambrisco stated that an ongoing problem is that downtown workers are using the metered parking spaces. Benz said tires can be chalked and more ramp permits could be sold to resolve the problem of employees parking at metered parking. Zuber said the City cannot continue to fund both the transit subsidies and build additional parking ramps. Dickson said merchants should deliver packages so people would ride the bus. Rich stated the Iowa City Parking Study did not look at the economics of expanded parking. In response to Erdahl, Rich said building additional levels on the Dubuque Street parking ramp will prevent a potential parking crisis. Erdahl said the Council can monitor parking needs over the next three years before a final decision is made as to whether another ramp is needed. Benz and Rich stated construction of the additional two ramp levels could possibly be completed before the Christmas season. Ambrisco inquired about the City's 150 percent bond covenants. Vitosh said those covenants would apply to any new bond issues for additional parking facilities and a rate increase is probable. Council directed staff to proceed with the construction of the additional two ramp levels. Lee Staak stated the Chamber Parking Committee agrees with the study's recommendations and said the City j should proceed with construction of additional ramp levels. Lee Staak noted appreciation for the cooperation and efforts of the City staff, HLM, and Rich j 8 Associates. Baker inquired if there are inexpensive ways to improve the external appearances of the existing parking ramps. Rich stated external ramp repairs are usually expensive. Berlin stated contracts for the construction of the ramp additions will e prepared and forwarded to the City Council promptly. COUNCIL TIME Reel 85-C26, Side 2 • i 1. In response to Baker, Melling said staff is reviewing the Maiden Lane right-of-way area and will present Council with further information. 2. Erdahl inquired about marking trees that will be cut down. Berlin stated letters have been sent to all property owners impacted by the removal of trees. 3. In response to Dickson, Berlin said repainting of white lines on streets will begin weather permitting. Meeting adjourned at 9:35 p.m. 0 Meeting of City Council of Iowa City with Area Legislators March 16, 1985 Meeting of Cit v Council of Iowa City with Area Legislators: March 16, 1985, at 8:00 a.m. at the Holiday Inn, Iowa City, Iowa. Mayor John McDonald presiding. Council present: McDonald, Erdahl, Dickson, Baker. Staff present: Berlin, Melling, Karr. 1-25E Ta e�record�ed: Reel 85-C26, Side 2, 445 -End; 85-C29, Side 1, all, Side 2, House 5 Senate Tax Bills Small inquired if the local people will vote for local option tax. Berlin said it is dependent on how the local government proposes to spend the money. SCOPE OF COLLECTIVE BARGAINING: Reel 85-C26, Side 2 McDonald inquired about the open scope collective bargaining bill. Small stated the bill originally came out of committee as an open scope collective bargaining bill but was reduced by amendment. Bargaining unit work, job description, insurance, and sick leave provisions were deleted from the bill and grievance and discharge, and minimum equipment for safety provisions were added to the bill. Teachers were separated into a separate category. In response to Berlin, Small stated negotiations for health care for retired employees were retained in the bill. Representative Jean Lloyd -Jones suggested Iowa City City Council contact the Chair of the Labor Committee in the Iowa House of Representatives, to discuss the scope of the collective bargaining bill. Helling stated a case is before the Supreme Court, appealing a PERB decision that payout of unused sick leave is not a mandatory item. Iowa City has reached voluntary agreements with all three bargaining units, freezing sick leave payout at the end of this fiscal year so benefits will not accrue in the future. smallSenator input bargaining ill from Anne Carroll. StSmall statedIowaChe ity eedse of etoofocus ion specific problems of the bill. Berlin stated there are problems with additional items in the bill, decisions made by an independent third party, and the City's ability to control and pay for the additional collective bar- gaining items. Erdahl stated that payout of benefits and health and safety matters including minimum equipment and staffing levels are most harmful to Iowa City. Berlin stated more information about the concerns raised by Iowa City will be forwarded to the area legislators. State Capitol Parking Lot: Area legislators discussed implementing a fee for a parking plan at the State Capitol and suggested individual members of the union should uldBebeln able to choose which benefits they want, including a parking permit. that the federal tax law complicated offering a benefit package to employees. CITY COUNCIL WITH AREA LEGISLATORS MARCH 16, 1985 PAGE 2 Mandated Costs: McDonald stated that the Iowa Legislature fiscal notes do not inform counties i and cities of the financial impact of new legislation. McDonald stated communities may need to recover from the possible loss of revenue sharing. Melling noted Iowa City could need a 14 percent tax increase to cover the loss of revenue sharing, personal property tax exemptions, and lost liquor profit revenues. McDonald inquired about municipal assistance. Small stated money is now appropriated out of general funds for municipal assistance. Doderer said it is in the Governor's budget. Berlin stated the federal revenue sharing program may be phased out over two more years. Small stated municipalities might lose municipal assistance but gain local option taxes. Berlin stated communities have to have a sound financial base for the State's economic development. Small noted that the House and Senate have not agreed on raising taxes. Berlin raised concerns about the financial impact from the collective bargaining bill and Davis -Bacon bill. Small stated municipalities are specifically excluded from the Davis -Bacon bill. In response to Berlin, Small stated the tax package will include some kind of local option bill but with some type of phase-out of the municipal assistance. Doderer stated that cities will need to be allowed to impose local option without going to the vote of the people. Other Issues Representative Lloyd -Jones stated there is a provision in the House bill that allows $20 million worth of banding for cities for their infrastructure to be serviced out of the use tax. Berlin said there is a bill that would allow cities to issue bonds for general corporate purposes with a reverse referen- dum. Representative Lloyd -Jones asked the Iowa City Council for support for a choo-choo check -off measure as proposed by J. fuller. The income tax check -off would be used for railroad purposes, including a light rail system. Lloyd -Jones said a light rail system is needed between Iowa City and Cedar Rapids. Berlin noted that cooperation has increased between Iowa City, Cedar Rapids, Kirkwood Community College, and the University of Iowa. Erdahl suggested an official committee be formed to promote that cooperation and that corridor development is important. Small suggested that Iowa City and Cedar Rapids present an Iowa City -Cedar Rapids night for legislators next year. Berlin inquired about the League of Municipalities lobbyists' contacts with the area legislator. Area legislators stated that contact from the League of Municipality lobbyists have been minimal. Berlin stated the League of Municipalities should have the responsibility to contact area legislators about the scope of the collective bargaining bill. Small stated cities are most effective if they have someone capable of drafting language and giving a one chief explanation of the rationale why the language is necessary. City Council and area legislators discussed work done by lobbyists. Berlin stated the bill straightening out public depositories is important. CITY COUNCIL WITH AREA LEGISLATORS MARCH 16, 1985 PAGE 3 Berlin inquired about the bill on long-term lease of private or public property. Berlin stated O'Kane has entered a bill in the house to clarify a question whether or not cities have the right to enter into lease purchase agreement. McDonald inquired about amendments to the manufactured housing legislation. Helling said three amendments exist: deleting reference to federal defini- tion of manufactured homes, specifically stating manufactured homes need to be set an on-site foundations, and all counties and cities zoning ordinance need to provide at least one zone for mobile homes. Helling stated the Civil Service bill has been amended substantially. Iowa City does not object to the point system but does object to absolute veterans preference. McDonald stated area legislators will be contacted regarding other issues. Berlin stated additional information about the collective bargaining bill will be forwarded to area legislators. Council members and area legislators discussed comparable worth. Doderer stated that collective bargaining unions should not negotiate comparable worth. Berlin stated staff and the union worked together on the comparable worth study. Informal Council Discussion March 19, 1985 Informal Council Discussion: March 19, 1985, at 6:35 p.m, in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Erdahl, Strait, Zuber, Baker, Dickson. Absent: Ambrisco. Staff Present: Berlin, Melling, Karr, Jansen, Franklin, Cassady, Beagle, Schmeiser,SchSchmadeke, Brachtel, Brown. Tape -eco rrded: Reel 85-C29, Side 2, 235 -End; Reel 85-C30, all; Reel 85-C31, Side 1, 1-45. MINIMUM OPEN SPACE REQUIREMENTS: Reel 85-C29, Side 2 Franklin said comments were received from the Iowa City Board of Realtors and developers Glasgow and Schnittjer, stating there isn't any need for mandatory open space. Suggestions received were that if open space were required that a tax be imposed for a parkland acquisition fund or an amendment to the ordinance for an impact fee at the time of subdivision. The impact fee would be exacted at the time of subdivision and the amount of the fee would be based upon the acreage or the number of lots in the proposed development. Franklin said correspondence was received from the Momebuilders Association. Franklin stated the mandatory dedication or fees in lieu of and impact fees should be substantiated by a plan that rationally explains who is to receive the benefit from the dedication or fees, where the parks are going to be placed, and what criteria the City will have to get the open space. Iowa does not have any enabling legislation for mandatory dedication or impact fees. Franklin emphasized a lot of work is still needed for the plan and reviewed the time table for completion of the work by September 30, 1985. Franklin noted that the Planning & Zoning Commission will be revising the Subdivision Ordinance and if the Council agrees to the open space requirement schedule, the Planning & Zoning Commission priorities needs to be designated. Erdahl and Baker emphasized that the minimum open space requirement should be a priority over the subdivision ordinance revision. McDonald raise concerns about the workload of the Planning & Zoning Commission. Berlin said it would be useful for staff to review and respond to the correspondence received. Zuber said the minimum open space will be public parks and should be paid for through general tax revenues. Franklin said the Council can allocate a certain amount of money for parkland acquisition out of the property tax revenues. Erdahl emphasized the need for a minimum open space ordinance. McDonald said staff should continue to explore ways to provide open space. In response to Strait, Franklin said a fee has merits because it minimizes uncertainty for a developer as to whether a dedication will be accepted and with a small subdivision, the City won't get enough land to make the dedica- tion worth anything. Franklin said staff studied a $110/250 square foot fee in lieu of but that figure will not purchase very much. The reasoning for that fee was that it was low, and assumes the City will pay for some of the costs of acquiring parkland. Strait stated the fee may be more legally defensible than a mandatory dedication. Informal Council Discussion March 19, 1985 Page 2 In response to McDonald, Franklin said the Planning & Zoning Commission will explore the minimum open space requirement and present Council with a single recommendation. McDonald stated a majority of the Council would like to proceed with the minimum open space requirement and requested staff keep Council apprised of Planning & Zoning Commission and staff work. Berlin said staff will proceed with the schedule, give a higher priority ythe Council wito minimum th en space requirement than the subdivision revisions, present specific information, and will respond to the correspondence received. HACAP FUNDING•REOUEST: Jean Seted $3,000 nfunding sfromtof the the City toregional used CAP toward sr the construction of uasnew school for the HACAP/Daycare Program. Snow explained that 4,040 square feet of classroom space and 75 square feet per child outdoor doorsspace is Ioededifor the program. Snow said $3,000 each is beingrequested Johnson County, and United Way. In response to Strait, Snow said the use of churches was studied and the building cost will remain the same in future years. Council agreed to fund the $3,000 to the HACAP/Daycare Program contingent on Headstart receiving funding for the same amount from Johnson County and United Way. Reel 85-C30, Side HARLOCKE/WEEBER AREA REZONING: Reel 85-C30, Side Council and staff reviewed the proposed street layout as submitted by MMS Consultants and looked at maps of the Harlocke/Weeber Street area. Schmeiser said staff recommended against the proposal because of the expense to acquire the property and constructing a public street. Schmeiser noted also there is a problem of the City contributing funds for a private development. Schmeiser explained that the staff's earlier recommendation was predicatBecause plans have not nprovidedry access being provided to the property. good secondary means of access to the property and due to concerns about the impact of traffic to the neighborhood, staff recommended the property be dawnzoned to as low a density as would not impact the area to any great isona extent and Schmeiserwould lsaidostaffcould some esupporedevelopmentle form of tthe P1 nning& Zoo Zoning Commise property. denied eaccessdtoion Harlocke Street, but if the eastern it is the City's n of h egalostaff's opinion that the City cannot deny access to the street that already fronts the property. In response to Strait, Schmeiser said traffic has a correlation with density of development and with the decrease of density of the development, there would be a decrease of traffic. McDonald inquired about the zoning recommen- dation for the west side of Harlocke Street. Franklin explained staff recommends the existing development west of Harlocke Street be rezoned to RNC -20 which will leave the existing four-plexes as conforming and one property that could be developed as one dwelling unit per 1,800 feet. east of Harlocke Street at if the owner of the couldiworksaid out ao arrangement with the propertyeowner to the south to develop 3uh the his own endmeans of access property berdevelopedpinp two y different side way, side of Harlocke Street develop with lots opposite the lots on the west side of o Jensen propertycwouldrha a is separate meansofaccesshprov provided byas RS -8 datdiffehe redifferent Informal Council Discussion March 19, 1985 Page 3 than Harlocke Street. When McDonald inquired if the east side could be rezoned RS -8, the rest of the Jensen property zoned RM -12 and provide a driveway from the RM -12 zone through the vacant lot, Schmeiser replied yes. Schmeiser said that if access could be provided to the property by a differ- ent direction, the property could support a higher density of development. Schmeiser said that if another access is developed, not to Harlocke Street, staff would be amenable to a higher density of development. Berlin noted the developers would provide the access and the City would not be financing the access. In response to McDonald, Franklin said recommendation to zone the Ruppert properties RM -12 was made to make it consistent with the Comprehen- sive Plan. In response to Erdahl, Schmeiser said Harlocke Street could be extended or terminated in a cul-de-sac. Strait inquired about drainage problems. Schmeiser said drainage flow would be directed toward the Highway 1 corridor. Dickson raised concerns about traffic accessing from Highway 1 to Harlocke Street. Berlin said if Council approves of the staff recommendations, staff would draft a resolution for Council to adopt so there will be a record of the Council's position. Input was received from Charles Ruppert and Chuck Mullen. Ruppert said the street did not need to be filled, there is adequate access and downzoning is ridiculous. Ruppert presented Council with a large map of the area. Mullen, representing Viggo Jensen Company, stated it was never his client's assump- tion that the City would pay all costs of the proposal submitted on behalf of Jensen and Ruppert. Mullen said the proposal should be considered based on participation by the Council because the Council has the power to establish the access. Berlin inquired if Mullen's client is prepared to pay full cost of the acquisition of the property and construction of the road including removal and reconstruction of the existing fill if the City uses the power of eminent domain to acquire the access. Mullen said his client would need an estimation of the costs involved. Berlin stated the City has never had a policy of front ending costs of access for subdivisions. Erdahl noted that this is a community problem and the City should be willing to invest some- thing to resolve the problem. In response to Zuber, Franklin said if the developer provided the access necessary, staff would still have reservations about the RM -44 zoning as it now stands because of maintenance problems on the road to be constructed behind Hiilsboro Apts., and the one-way arrangement coning from Weeber Street would not work. Franklin said there would need to be two access points for high density development. Franklin noted that staff did not evaluate the proposal in terms of the RM -44 zoning. Mullen said his client will not give up access to Harlocke Street without compensation and that it would not be reasonable to put an RS -8 zone in a higher multiple use density area. Schmeiser said duplexes could be built in the RS -8 zone. McDonald explained Council has informally agreed on the staff proposal presented, first consideration will be given at the April 9th Council meeting, and further input can be received until final vote is taken. Berlin said staff is willing to discuss using the City's power of condemnation to accommodate alternatives with the developer. Informal Council Discussion March 19, 1985 Page 4 Input was received from Daniel Bray. Bray stated it is important to stop traffic coming on to Weeber Street with a barrier and transition zoning is important. Strait inquired if it would be helpful to ask Legal to give Council a memo on whether or not the City can cut off a street that accesses into another existing area. McDonald said Council has agreed to the staff proposal and will accept other information that might be provided. Erdahl requested an estimation for the cost of the barrier. STREET NAMING -POLICY: Discussion will be rescheduled. COUNCIL TIME: Reel 85-C30, Side 2 1. McDonald stated letters were received fron Attorneys Hayek and Meardon requesting Council to defer action on the downzoninq of the Williams and Neuzil properties, respectively, and requesting a legal written opinion from the City Attorney about ramifications of Council action. Jansen stated he can give an opinion if Council requests it, but he is not in favor of giving an opinion on an issue that is certain to go to litiga- tion: Jansen said the Planning 8 Zoning Commission and Council has had access to legal advice throughout discussion. Council declined to request a formal legal opinion from Jansen and decided not to defer action on the downzoning of the Neuzil and Williams property. EXECUTIVE•SESSION: Moved by Dickson, seconded by Strait, to adjourn to executive session under Section 28A.5.8 litigation to discuss strategy with Council on matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session, 8:50 p.m. OFFICIAL COUNICL ACTIVITIES -3/12/851 The cost of publishing the following proceedings A claims is E Cumulative cost for this ca enda� for said publication is E Iowa City Council, reg. mtg., 3/12/85, at 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. The Mayor proclaimed the week of March 11-18, 1985, as IOWA CITY WEST'S GOOD TIME COMPANY WEEK. The Mayor announced the addition of a Sunday Sales Permit for Micky's to the Consent Calendar. Moved by Strait, seconded by Erdahl, 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 2/26/85, as published, subject to correction, and as recommended by the City Clerk. Minutes of Boards and Commissions: Planning & Zoning Conn. -2/21/85; Parks & Rec. Comm. - 2/13/85; CCH Conn. - 2/19/85; Human Rights Comm. -1/28/85; City Conference Bd. -2/25/85; Mayor's Youth Employment Bd. -2/27/85; Bd. of Library Trustees -2/28/85. Permit Motions and Resolutions: Approving Class B Beer Permit and Sunday Sales for Long John Silver's 09, 1940 Lower Muscatine Road. Approv- ing Class C Liquor License and Sunday Sales for The Kitty Hawk, 800 S. Dubuque Street. Approving Class C Beer Permit and Sunday Sales for Eagle Discount Supermarket 0157, 600 11. Dodge Street. Approving Class C Beer Permit and Sunday Sales for Eagle Discount Supermarket 0220, 1101 S. Riverside Drive. Approving Class C Liquor Sunday Sales for Crow's Nest, 313 S. Dubuque Street. Approving Class C Liquor Sunday Sales for Fitzpatrick's, 525 South Gilbert Street. Approving Refund of a Portion of a Class C Beer Permit to Bob's University Shell, 1910 S. Gilbert Street. Approving Class C Liquor License and Sunday Sales for Gringo's, 115 E. College. Approving Class C Liquor License and Sunday Sales for Official Activities March 12, 1985 Page 2 BPO Elks #590, 637 Foster Road. Approving Class C Liquor License and Sunday Sales for The Gas Co. Inn, 2300 Muscatine. Approving Class C Liquor License for Wilke's, 122 Wright Street. Approving Class B Beer Permit and Sunday Sales for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert. Approving Class C Beer Permit and Sunday Sales for Iowa City Racquet Club, I-80 & N. Dodge Street. Approv- ing Class C Liquor License for Hollywood's Lounge, 1134 S. Gilbert Street. Approving Class C Liquor License and Sunday Sales for Towncrest Inn Restaurant, 1011 B Arthur. Approving Class C Liquor License and Sunday Sales for The Sports Column Corp., 12 S. Dubuque Street. RES. 85-50, Bk. 85, p. 115, REFUND CIGA- RETTE PERMIT. Approving Class C Liquor Sunday Sales for Micky's, 11 S. Dubuque Street. Motions: Approving taxicab stand for City/Yellow Cab Co. in front of Wilson Sporting Goods on College Street. Setting Public Hearings: RES. 85-51, Bk. 85, p. 116, SETTING PUBLIC HEARING FOR 4/9/85, ON PLANS, SPECIFI- CATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET CONCRETE REPAIR PROJECT. RES. 85-52, Bk., 85, p. 117, SETTING PUBLIC HEARING FOR 4/9/85, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUNDWATER CUT-OFF TRENCH, IOWA CITY SANITARY LANDFILL PROJECT. RES. 85-53, Bk. 85, p. 118, SETTING PUBLIC HEARING FOR 4/9/85, ON PLANS, SPECIFICATIONS, FOR14 OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OUTFALL RELIEF SEWER SYSTEM REHABILITATION PROJECT. Correspondence: Irving B. Weber regarding articles on Iowa City Mayors and his recommendation that city streets be named after mayors, City Mgr. will reply. George DeMello regarding the proposal to establish a zoo in Iowa City, City Mgr. will reply. Iowa Conservation Commission Official Activities March 12, 1985 Page 3 naming Iowa City as a "Tree City USA." John Green regarding the extension of Scott Boulevard, referred to City Manager for reply. Jeffrey A. Smith regarding the proposed rezoning of the Melrose Lake area, was furnished to Council in packet of 3/1/85, to be officially received and placed on file. Chamber of Commerce recommend- ing that the City Council approve a franchise agreement with Iowa -Illinois Gas & Electric Company. Chamber of Commerce regarding the sign ordinance. Memo from the Traffic Engineer regarding parking prohibition on Ridge Road. Applications for use of Streets and Public Grounds: Oh, Sae Pill to film scenes in the downtown area as a class project on 2/28/85 and 3/1/85, approved. Oh, Sae Pill to complete a film in the downtown area on 3/6 & 7/85, approved. Iowa City Striders to hold a St. Pat's Day Run on 3/17/85, approved. Jim Newton to have the 8th Annual Old Capitol Criterium on 4/28/85, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. Baker re- quested that work on the Burlington Street Bridge be scheduled in May. Moved by Ambrisco, seconded by Dickson, to set a public hearing on 4/9/85, on a resolution to dispose of a portion of the Mormon Trek Boulevard right-of-way near Plaen view Drive (Ty'n Cae Part Four) and the Iowa City corporate limits. The Mayor declared the motion carried unanimously, 7/0, all Council - members present. A public hearing was held on an ordinance to rezone property at the southern city limits east of Old Highway 218 South and north of the Izaak Walton League Road from I-1 to I-2. The appli- cant Gordon Russell and his attorney, Jay Honohan, appeared in support of the rezoning. A public hearing was held on a resolution to dispose of a portion of the right-of-way adjacent to 624 South Gilbert Official Activities March 12, 1985 Page 4 Street. Staffinember Milkman pointed out the City must provide access to Gilbert Street for Mr. Shinn. Staff recommended splitting the difference between the appraisal price and the Shinn offer. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-54, BY.. 85, pp. 119-120, AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE RIGHT-OF-WAY ADJACENT TO 624 SOUTH GILBERT STREET. Baker requested Council consider giving the parcel to Mr. Shinn in exchange for design review control of the building, and he would not vote for a resolution selling the parcel for $5100 and no review. Majority of Councilmembers agreed to $5100. 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. A public hearing was held on a i resolution to dispose of permanent box culvert easements at Lots 37 and 38 of First and Rochester Part One Subdivision. Moved by Zuber, seconded by Strait, to adopt RES. 65-55, Bk. 85, p. 121, AUTHOR- IZING THE RELEASE OF PERMANENT BOX CULVERT EASEMENTS AT LOTS 37 AND 38 OF THE FIRST AND ROCHESTER PART ONE SUBDIVISION. 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 permanent flowage easement for the Ralston Creek North Branch Detention basin. The City Manager explained that the location of the easement had been agreedupon prior to the final layout of the subdivision. Staffinember Franklin and Larry Schnittjer, MMS Consultants, appeared for discussion. A public hearing was held on the urban environment policies as recommended by the Planning and Zoning Commission as an addendum to the 1983 Comprehensive Plan Update. Emily Rubright, co-chair Project GREEN, commended the committee and staff i and encouraged adoption of the policies. Moved by Ambrisco, seconded by Erdahl, to j accept letters from Alexander Kern, Jean Kern, and Dr. John Kamnermeyer re the Official Activities March 12, 1985 Page 5 policies. The Mayor declared the motion carried unanimously, 7/0, all Council - members present. Moved by Erdahl, 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 5th Principal Meridian (aka Neuzil property) from RM -12 to RS -8, be given first vote for passage. Individual Councilmembers expressed their view on the parcel. A letter from Don Yarbrough was noted. Staffinember Franklin present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: McDonald, Strait, Ambrisco, Baker, Dickson, Erdahl. Nays: Zuber. Moved by Ambrisco, seconded by Baker, that the ordinance to rezone property bounded by University Heights to the north, the former CRISP railroad to the east, the Lakewood Addition to the south and the southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian to the west from RM -12 to RS -8, be given first vote for passage. Individual Council - members expressed their views. 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. Moved by Ambrisco, seconded by Baker, that the ordinance to rezone the Lakewood Addition of Iowa City and abutting property from RM -44 to RNC -20, be given first vote for passage. Staffinember Franklin explained that RNC -20 zone would allow owners to rebuild at present density while the RM -44 would allow building up to the density and in some cases the density could be increased. Individual Council - members expressed their views. The Mayor declared the motion defeated, 1/6, with the following division of roll call vote: Ayes: Strait. Nays: Zuber, Ambrisco, t Baker, Dickson, Erdahl, McDonald. Moved by Ambrisco, seconded by Dickson, that the ordinance to amend the sign regulations of the Zoning Ordinance, Official Activities March 12, 1985 Page 6 be given second vote for passage. Staff - member Franklin outlined two changes I requested by Council: 1) taking real estate signs from the temporary sign category and putting it in 36.62(a)l.g., i Si ns Permitted In All Zones; 2) 36.63(h) on -con ormtn�tgns, any signs made non -conforming by —adoption of this ordinance would remain so until any change or alteration is made. Planning & Zoning Commissioner Jane Jakobsen present for j discussion. The original motion for second consideration was withdrawn. Moved by Strait, seconded by Dickson, that the ordinance be amended in the two categories as outlined. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, iseconded by Strait, that the rule requir- ing 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, that the second consideration and vote be waived and that ORD. 85-3226, Bk. 25, pp. 27-45, TO ADOPT THE AMENDED SIGN REGULATIONS OF THE ZONING ORDINANCE, as amended, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Zuber, 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 requested Planning & Zoning review the suggestion for permitting detailed information signs in addition to certain other signs. Councilmembers noted appreciation to Planning and Zoning Commissioner Jane Jakobsen for her years of service. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-56, Bk. 85, p. 122, APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT ADDITION, PART TWO, TO ESTABLISH A FIVE LOT SUBDIVISION LOCATED NEAR THE SOUTHWEST CORNER OF STEVENS DRIVE AND GILBERT STREET. Affirma- tive roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Official Activities March 12, 1985 Page 7 Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-57, Bk. 85, pp. 123-124, APPROVING AN AMENDMENT TO A PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR NATIONAL COMPUTER SYSTEMS INC., located at 2510 North Dodge Street. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Strait, to defer to 4/9/85 a resolution adopting a preferred alignment for Foster Road at its intersection with North Dubuque Road near Bristol Drive. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on intention to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project). Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-58, Bk. 85, pp. 125-126, ADJOURNING TO 4/9/85 THE PUBLIC HEARING AND THE DECISION WHETHER OR NOT TO PROCEED WITH THE ISSUANCE AND SALE OF 140T TO EXCEED $1,100,000 AGGREGATE PRINCIPAL AMOU14T OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA. Baker requested staff update the status of the Sturgis Ferry property. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and cost estimate for the Kirkwood Circle Improve- ments Project. Moved by Strait, seconded by Erdahl, to adopt RES. 85-59, Bk. 85, p. 127, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE KIRKWOOD CIRCLE IMPROVEMENTS PROJECT A14D AUTHORIZING BIDS TO BE RECEIVED APRIL 2, 1985. Affirmative roll call vote unani- mous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Lyle Seydel, 445 Garden Street, presented a petition from 23 of 25 property owners on Friendship Street requesting Council delete Friendship Street from the proposed Sidewalk Assess- Official Activities March 12, 1985 Page 8 ment Project. Council asked that time be scheduled during an informal session to discuss the policy of separating areas out of assessment projects. Moved by Erdahl, seconded by Strait, to accept and file the petition. The Mayor declared the motion carried unanimously, 7/0, all Council - members present. Moved by Ambrisco, seconded by Erdahl, to reappoint George Mather as a trustee of the Green Fund for a three-year term ending March 1, 1988. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Ambrisco announced his parish would be having a second offering next weekend to be distributed to needy farmers in the area to use for seed money, and urged other churches to do the same. Council requested the tree removal notification policy be scheduled for an informal session to discuss the procedure for marking trees to be removed. Council - member Strait reported on the public hearing on congregate housing held at the Senior Center. The City Manager reminded Council of the Legislative Committee meeting sched- uled for 8:00 a.m. Saturday and outlined legislation currently being considered that would lose a million dollars in revenue to the City. The City Attorney noted the conclusion of trial last week re the airport and a decision should be handed down in 60 days. The recommendations of the Parks and Recreation Commission noted as follows: (1) That requests for funding by outside groups to the Parks and Recreation Commission be included in the regular budgetary process, not at other times in the fiscal year. This action was taken in response to the Arts Council and Community Theatre's request for funding made after the Parks and Recreation Commission had presented its budget. In the future, these and other outside groups will be contacted in advance of the budget presentation. (2) That a Director of Parks and Recreation be hired, and that Al Cassady be named as Director. Official Activities March 12, 1985 Page 9 Moved by Ambrisco, seconded by Erdahl, to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City for the FY86-87 Collective Bargaining Agree- ment. The Mayor declared the motion carried unanimously, 7/0, all Council - members present. Moved by Strait, seconded by Ambrisco, to adopt the Financial Policies for the Operating Budget. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Strait, to adopt RES. 85-60, Bk. 85, p. 128, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 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. 85-61, Bk. 85, pp. 129-130, APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF IOWA CITY, IOWA, FOR THE FISCAL YEARS 1986-1990. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-62, Bk. 85, pp. 131-134, AUTHORIZING ADOPTION OF AN AMENDMENT TO THE DEFERRED COMPENSATION PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing the Mayor and City Clerk to execute a deed conveying Elm Grove Park to Johnson County, Iowa. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-63, Bk. 85, pp. 135-136, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED CONVEYING ELM GROVE PARK TO JOHNSON COUNTY, IOWA, for $200,000. The Mayor stated the money would be placed in the parkland acquisition fund. Affirma- tive roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Official Activities March 12, 1985 Page 10 Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-64, Bk. 85, pp. 137-169, AUTHORIZING FILING OF NOTICE OF INTENTION TO ACCEPT URBAN RENEWAL DEVELOPMENT PROPOSAL FOR PARCEL 65-2b; SETTING A PUBLIC HEARING FOR 4/23/85, ON THE PROPOSED SALE AND CONVEYANCE OF SAID PARCEL FOR PRIVATE DEVELOPMENT; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTION. The City Manager stated the proposal would be reviewed by Design Review. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Moved by Ambrisco, seconded by Erdahl, to adopt revised "Statement of Policies Governing Participation in Assisted Housing Program Administered by the Iowa City Housing Authority." The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-65, Bk. 85, pp. 170-174, REVISING THE ANNUAL BUDGET FOR FY85, PUBLIC HOUSING PROJECTS IA022003 AND IA05PO22-004. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-66, Bk. 85, p. 175, AMENDING THE NUMBER OF AUTHORIZED POSI- TIONS IN THE HOUSING AND INSPECTION SERVICES DEPARTMENT - ASSISTED HOUSING, Maintenance Worker I. Affirmative roll call vote unanimous, 7/0, all Council - member present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-67, Bk. 85, p. 176, AMENDING THE CLASSIFICATION PLAID AND NUMBER OF POSITIONS IN THE EQUIPMENT DIVISION, Body Repair Mechanic and a Parts Clerk. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Moved by Erdahl, seconded by Dickson, to adopt RES. 85-68, Bk. 85, p. 177, AMENDING THE NUMBER OF AUTHORIZED POSI- TIONS IN TRANSIT, Operations Supr. and Maintenance Worker I. Affirmative roll Official Activities March 12, 1985 Page 11 call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Erdahl, to adopt RES. 85-69, Bk. 85, pp. 178-179, AUTHORIZING THE MAYOR TO SIGH AND THE CITY CLERK TO ATTEST AN A14EIlDMENT TO THE FY85 FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. Affirmative roll call vote unani- mous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to adopt RES. 85-70, Bk. 85, pp. 180-181, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM CLARIFY- ING THE EMPLOYMENT STATUS OF THE DIRECTOR. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Baker, to adopt RES. 85-71, Bk. 85, pp. 182-185, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND CITY & YELLOW CAB CO. FOR THE FY85 SEATS SUPPLEMENTAL TAXI SERVICE, for $6500. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Moved by Zuber, seconded by Strait, to adopt RES. 85-72, Bk. 85, pp. 186-192, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHWEST IOWA, FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION OF THE GOODWILL INDUSTRIES EMPLOYMENT TRAINING FACILITY FOR VOCATIONALLY DISADVANTAGED PERSONS. The City Manager pointed out the agreement being considered contains an audit provision required by federal regulations. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Erdahl, to adopt RES. 85-73, Bk. 85, pp. 193-195, AUTHORIZING THE 14AYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA CITY COMMU14ITY SCHOOL DISTRICT, FOR THE USE OF 1985 C01411UIIITY DEVELOPMENT BLOCK GRANT FUNDS TO PURCHASE PLAYGROUND i Official Activities March 12, 1985 Page 12 EQUIPMENT FOR THE LONGFELLOW SCHOOL PLAYGROUND. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Moved by Erdahl, seconded by Strait, to adopt RES. 85-74, Bk. 85, pp. 196-197, AUTHORIZING AND DIRECTING THE AUDITOR OF JOHNSON , TO PLACETHE QUALIFIEDOELECTORSWAT THE G NERALEFORE ELECTION OF 11/5/85, THE QUESTION OF AMENDING THE CITY CHARTER TO PROVIDE FOR NOMINATION AND ELECTION OF DISTRICT COUNCILMEMBERS SOLELY BY THE VOTERS OF THEIR RESPECTIVE DIS- TRICTS. TRICTS. Individual Councilmembers expressed their views. John Balmer, Charter Review Commission Chair, present for discussion. Council expressed appreciation to the Commission for their work on reviewing the Charter. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, Strait. Nays: McDonald. 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 considera- tion and vote be waived 63and Othat ORD. 85-3227, Bk. 25, pp. THE CITY CHARTER TO CLARIFY THE MEANING OF CERTAIN PROVISIONS, AND TO CONFORM TO CERTAIN TERMS AND PROVISIONS TO THE STATE CODE, be voted upon for final passage at 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 Council - members present. The Mayor declared the ordinance adopted. Moved by Erdahl, seconded by Dickson, that the rule requiring ordinances to be consideredand 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 considera- tion and vote be waived G5 and that ORD. 85-3228, Bk. 25, pp. Official Activities March 12, 1985 Page 13 CITY CHARTER WITH RESPECT TO CAMPAIGN FINANCE DISCLOSURE, be voted upon for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of rollcall vote: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. Nays: Baker. Moved by Erdahl, seconded by Strait, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Erdahl, McDonald, Strait, Zuber, Ambrisco, Dickson. Nays: Baker. Moved by Ambrisco, seconded by Zuber, that the ordinance granting to i Iowa -Illinois Gas & Electric Company, its 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 25 years and to furnish and sell electric energy to said city and its inhabitants, be given first vote for passage. Tom Hoogerwerf, representing Iowa-Illinois Gas & Electric, appeared. Individual Councilmembers expressed their views. Moved by Erdahl, seconded by Baker, that the ordinance be amended and the length of the franchise changed from 25 years to 10 years. The Mayor declared the motion defeated, 3/4, McDonald, Strait,. Zuber, Ambrisco voting "no." After discussion, the Mayor declared the motion to give first reading to the ordinance as presented carried, 4/3, with the following division of roll call vote: Ayes: McDonald, Strait, Zuber, Ambrisco. Nays: Baker, Dickson, Erdahl. Moved by Ambrisco, seconded by Zuber, that the ordinance granting to Iowa -Illinois Gas & Electric Company, its successors and assigns, for a period for 25 years the right and franchise to acquire, erect, maintain and operate in the City of Iowa plant r in, storage, plants for the product transmission, i 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 Official Activities March 12, 1985 Page 14 laying, constructing, maintaining, replacing and substituting mains, pipes, conduits and other facilities for the transmission, distribution, sale, delivery or furnishing of gas for public or private use in the City of Iowa City and else- where, be given first vote for passage. Individual Councilmembers expressed their views. After discussion, the Mayor declared the motion to give the ordinance first consideration carried, 4/3, with the following division of roll call vote: Ayes: Strait, Zuber, Ambrisco, McDonald. Nays: Baker, Dickson, Erdahl. Moved by Erdahl, seconded by Zuber, 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 i suspended, the first and second considera- tion and vote be waived and that ORD. 85-3229, Bk. 25, pp. 66-78, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, BUILDING AND BUILDING REGULATIONS, BY CREATING ARTICLE VII, ELECTRICITY, BY ADOPTING THE 1984 NATIONAL ELECTRICAL CODE WITH AMENDMENTS; AND DELETI14G CHAPTER 11 OF THE CODE OF ORDINANCES, be voted upon for final passage at this time. Affirma- tive roll call vote unanimous, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Zuber, that the ordinance be finally adopted at this time. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Erdahl, seconded by Baker, to adjourn 10:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present, A more complete de cription of Council activities is on file n e offi f th City Clerk. s/J I MCDONALD, 14AYOR s/MARIAN K. KARR Y CLERK ;e. 7%Ati Submitted for publication 3/22/85 COMPLETE DESCRIPTION NIOF COUNCIL ACTIVITIES MARCHi I Iowa City Council, reg. mtg., 3/12/85, at 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: sent: co, Baker, Dickson, i Erdahl, McDonald, Strait, Zuber. Staffinembers presSeyent: Vitosh, Moen, Cain. Jansen, Karr, Franklin, Milkman, Gannon, Fosse, side Council minutes tape recorded on Tape 85-C24, Side 1, 319-End and Side 2, 1-End; 85-C27, Sides 1 and 2; 85-C28, Side 1, 1-222. The Mayor proclaimed the week of March 11-18, 1985, as IOWA CITY WEST'S GOOD TIME COMPANY WEEK. to The Mayor announced the addition of seconded byles Erdahllmithatrthecfollow- the Consent Calendar. Moved by ing 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 2/26/85, as published, subject to correction, and as recommended by the City Clerk. Minutes of Boards and Commissions: Planning 6 Zoning Camra. -2/21/85; -1/28/85; eCity Conference/Bd. - 2 25 85, Mayor's YO to cloyment CORM.hts . -2/27/85; Bd. of Library Trustees - 2/28/85. permit Motions and Resolutions: Approving Class B Beer Permit and menta CoSales r rp. dba Long John Silver's tock s09 f1940t oiLower Muscatine eRoad. AppThe rntral ov- ing Class C Liquor License and Sunday Sales for C melaCA.Manes Beer dba and Kitty Hawk, 800 S. Dubuque Street. App Sunday Sales for Lucky Stores, Inc. dba Eagle Discount Supermarket /157, 600 N. Dodge Street. Approving Class C Beer Permit and Sunday Sales for Lucky Stores, Inc. dba Eagle Discount Supermarket #220, 1101 S. Riverside for Inc. dba roinlu Sunday SaleinClasC Liquor Sunday Crow's Nest, S Dubuque reAppo Sales for Gary Fitzpatrick dba Fitzpatrick's, 525 South Gilbert StreetD. . Approving Refund of a portion of a Class C Beer Permit to Robert Approving Finley dba Bob's University Shell, 1910 S. Gilbert Street. Inc.dbaGringo's,c115eEamC°ltegey Approving ClaSales for ss C LiquorRLicense nand SufApprFoster Road. ovi 91CjassorC BLiq orElks Licensedba and 85unday Elks SalesO ,for37Dda Promotions dba The Christopher S�mWilkeOdbasWilkees, 122pWright Streetss CAppovr Jss s Pizza &Ice Cream Parlor, 225 S. Gilbert. Approving Class C ing Class B Beer Per and Sunday Sales for M&T Investments, Inc. d a Beer Permitora Sales for RacquetrClub and 8& Sunday. Dodge Street. Approving ClasscC LiquoraLicense for Haltywaod's Inc. dba Hollywood's Lounge , 1134 S. Gilbert Street. increst i Aor pproving Class C Liquor License and Sunday Sales roving Class COLiquo dba Towncrest Inn Restaurant, 1011 B Arthur. App dba The Sports License and Sunday Sales for The Sports COlumn Core• 115, REFUND Column Corp., 12 S. Dubuque Street. RES. 85-50, a 85, p. CIGARETTE IGARET u dba Micky'Approving ppr vin9Dubugs Street. Sunday Sales for James A. Council Activities March 12, 1985 Page 2 Motions: Approving taxicab stand for City/Yellow Cab Co. in front of Wilson Sporting Goods on College Street. Setting Public Hearings: RES. 85-51, Bk. 85, P. 116, SETTING PUBLIC HEARING FOR 4/9/85, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET CONCRETE REPAIR PROJECT. RES. 85-52, 8k., 85, p. 117, SETTING PUBLIC HEARING FOR 4/9/85, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUNDWATER CUT-OFF TRENCH, IOWA CITY SANITARY LANDFILL PROJECT. RES. 85-53, Bk.. 85, p. 118, SETTING PUBLIC HEARING FOR 4/9/85, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OUTFALL RELIEF SEWER SYSTEM REHABILITATION PROJECT. Correspondence: Irving B. Weber regarding articles on Iowa City Mayors and his recommendation that city streets be named after mayors, City Mgr. will reply. George DeMello regarding the proposal to establish a zoo 1n Iowa City, City Mgr. will reply. Iowa Conservation Commission naming Iowa City as a 'Tree City USA.' John Green regarding the exten- sion of Scott Boulevard, referred to City Manager for reply. Jeffrey A. Smith regarding the proposed rezoning of the Melrose Lake area, was furnished to Council in packet of 3/1/85, to be officially received and placed on file. Chamber of Commerce recommending that the City Council approve a franchise agreement with Iowa -Illinois Gas & Electric Company. Chamber of Commerce regarding the sign ordinance. Memo from the Traffic Engineer regarding parking prohibition on Ridge Road. Applications for use of Streets and Public Grounds: Oh, Sae Pill to film scenes in the downtown area as a class project on 2/28/85 and 3/1/85, approved. Oh, Sae. Pill to complete a film in the downtown area on 3/6 & 7/85, approved. Iowa City Striders to hold a St. Pat's Day Run on 3/17/85, approved. Jim Newton to have the 8th Annual Old Capitol Criterium on 4/28/85, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. Baker requested that work on the Burlington Street Bridge be scheduled in May. Staff will investigate. Moved by Ambrisco, seconded by Dickson, to set a public hearing on 4/9/85, on a resolution to dispose of a portion of the Mormon Trek Boulevard right-of-way near Plaen View Drive (Ty'n Cae Part Four) and the Iowa City corporate limits. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an ordinance to rezone property at the southern city limits east of Old Highway 218 South and north of the Izaak Walton League Road from I -i to I-2. The applicant Gordon Russell and his attorney, Jay Honohan, appeared in support of the rezoning. Council Activities March 12, 1985 Page 3 A public hearing was held on a resolution to dispose of a portion of the right-of-way adjacent to 624 South Gilbert Street. Staffinember Milkman pointed out the City must provide access to Gilbert Street for Mr. Shinn and that the parcel should have been disposed of in 1973 with the adjoining parcel. Staff recommended splitting the difference between the appraisal price and the Shinn offer. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-54, 8k. 85, pp. 119-120, AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE RIGHT-OF-WAY ADJACENT TO 624 SOUTH GILBERT STREET. Baker requested Council consider giving the parcel to Mr. Shinn in exchange for design review control of the building, and he would not vote for a resolution selling the parcel for $5100 and no review. Majority of Councilmembers agreed to $5100The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. Nays: Baker. A public hearing was held on a resolution to dispose of permanent box culvert easements at Lots 37 and 38 of First and Rochester Part One Subdivi- sion. No one appeared. Moved by Zuber, seconded by Strait, to adopt RES. 85-55, Bk. 85, p. 121, AUTHORIZING THE RELEASE OF PERMANENT BOX CULVERT EASEMENTS AT LOTS 37 AND 38 OF THE FIRST AND ROCHESTER PART ONE SUBDIVISION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. A public hearing was held on a resolution to dispose of a portion of the permanent flowage easement for the Ralston Creek North Branch Detention basin. The City Manager explained that the location of the easement had been agreed upon prior to the final layout of the subdivision. Staffinember Franklin and Larry Schnittjer, MMS Consultants, appeared for discussion. A public hearing was held on the urban environment policies as recom- mended by the Planning and Zoning Commission as an addendum to the 1983 Comprehensive Plan Update. Emily Rubright, co-chair Project GREEN, commended the committee and staff and encouraged adoption of the policies. Moved by Ambrisco, seconded by Erdahl, to accept letters from Alexander Kern, Jean Kern, and Dr. John Kammermeyer re the policies. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Strait, that the ordinance to rezone property in the southwest quarter of the northeast quarter of the northwest quarter Mo f Section Meridian (aka Neuzil6 property) in Township North, Range RM-12toRW -8, betgiven of h Principale 5th first vote for passage. Individual Councilmembers expressed their view on the parcel. A letter from Don Yarbrough was noted. Staffinember Franklin present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: McDonald, Strait, Ambrisco, Baker, Dickson, Erdahl. Nays: Zuber. Council Activities March 12, 1985 Page 4 Moved by Ambrisco, seconded by Baker, 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 the southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian to the west from RM -12 to RS -8, be given first vote for passage. Individual Council - members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Strait, Ambrisco, i Baker, Dickson, Erdahl, McDonald. Nays: Zuber. Moved by Ambrisco, seconded by Baker, that the ordinance to rezone the Lakewood Addition of Iowa City and abutting property from RM 44 to RNC -20, be given first vote for passage. Staffinember Franklin explained that RNC -20 zone would allow owners to rebuild at present density while the RN -44 would allow building up to the density and in some cases the density could be increased. Individual Councilmembers expressed their views. The Mayor declared the motion defeated, 1/6, with the following division of roll call vote: Ayes: Strait. Nays: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald. Moved by Ambrisco, seconded by Dickson, that the ordinance to amend the sign regulations of the Zoning Ordinance, be given second vote for passage. Staffinember Franklin outlined two changes requested by Council: 1) taking real estate signs from the temporary sign category and putting it in 36.62(a)l.g., Signs Permitted In All Zones; 2) 36.63(h) Non -conforming Signs, any signs made non -eon orm ng oy adoption of this ordinance wou rema n so until any change or alteration is made. Planning 6 Zoning Commissioner Jane Jakobsen present for discussion. The original motion for second considera- tion was withdrawn. Moved by Strait, seconded by Dickson, that the ordinance be amended in the two categories as outlined. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be considered and voted on for be finally spassed be age at o suspended,Council e thatstheisec ndrior to tconsiderahe twhich at ion and vote be waived PT THE SIGN REGULATIONSnOFhat THERD. ZONING32216Bk. ORDINANCES,aspamended,Tbe�voted on�forEOfinal passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Srdatimei.l,seconded Affirm tivebrolluber, that the call vote unanimous, rance 7/O,ballfinalladopted at this councilmemhers present. The Mor Zoni gayreview declared dsuggestion the nfor permitting detailed information Planning signsin addition Commissioner npcto Panning and Zning Jane Jakobsen for her years ofservie. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-56, Bk. 85, p. 122, APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT ADDITION, PART STEVTO ENS DRIVELISH A FIVE AND GILBERTLOT STREET.IVISION AffirmativeErollAcallEvote unanimousST l,E7/0F all Councilmembers present. The Mayor declared the resolution adopted. Council Activities March 12, 1985 Page 5 Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-57, Bk. 85, pp. 123-124, APPROVING AN AMENDMENT TO A PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRO) PLAN FOR NATIONAL COMPUTER SYSTEMS INC., located at 2510 North Dodge Street. The City Manager stated that the building would comply with all existing codes, including run-off during construction. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Strait, to defer to 4/9/85 a resolution adopting a preferred alignment for Foster Road at its intersection with North Dubuque Road near Bristol Drive. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on intention to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project). No one ap- peared. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-58, Bk. 85, pp. 125-126, ADJOURNING TO 4/9/85 THE PUBLIC HEARING AND THE DECISION WHETHER OR NOT TO PROCEED WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $1,100,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA. Baker requestedstaff update the status of the Sturgis Ferry property. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and cost estimate for the Kirkwood Circle Improvements Project. No one appeared. Moved by Strait, seconded by Erdahl, to adopt RES. 85-59, Bk. 85, p. 127, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE KIRKWOOD CIRCLE IMPROVEMENTS PROJECT AND AUTHORIZING BIDS TO BE RECEIVED APRIL 2, 1985. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Lyle Seydel, 445 Garden Street, presented a petition from 23 of 25 property owners on Friendship Street requesting Council delete Friendship Street from the proposed Sidewalk Assessment Project. Council asked that time be scheduled during an informal session to discuss the policy of separating areas out of assessment projects. Moved by Erdahl, seconded by Strait, to accept and file the petition. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Erdahl, to reappoint George Mather as a trustee of the Green Fund for a three-year term ending March 1, 1988. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Anbrisco announced his parish would be having a second offering next weekend to be distributed to needy farmers in the area to use for seed money, and urged other churches to do the same. Council requested the tree removal notification policy be scheduled for an informal session to discuss the procedure for marking trees to be removed. Councilmember Strait reported on the public hearing on congregate housing held at the Senior Center. Council Activities March 12, 1985 Page 6 The City Manager reminded Council of the Legislative Comnittee meeting scheduled for 8:00 a.m. Saturday and outlined legislation currently being considered that would lose a million dollars in revenue to the City. The City Attorney noted the conclusion of trial last week re the airport and a decision should be handed down in 60 days. The recommendations of the Parks and Recreation Commission noted as follows: (1) That requests for funding by outside groups to the Parks and Recreation Commission be included in the regular budgetary process, not at other times in the fiscal year. This action was taken in response to the Arts Council and Community Theatre's request for funding made after the Parks and Recreation Commission had presented its budget. In the future, these and other outside groups will be contacted in advance of the budget presentation. (2) That a Director of Parks and Recreation be hired, and that Al Cassady be named as Director. Moved by Ambrisco, seconded by Erdahl, to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City for the FY86-87 Collective Bargaining Agreement. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Strait, seconded by Ambrisco, to adopt the Financial Policies for the Operating Budget. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Strait, to adopt RES. 85-60, 8k. 85, p. 128, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1985. Affirmative roll tail vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-61, Bk. 85, pp. 129-130, APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF IOWA CITY, IOWA, FOR THE FISCAL YEARS 1986-1990. 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. 85-62, Bk. 85, pp. 131-134, AUTHORIZING ADOPTION OF AN AMENDMENT TO THE DEFERRED COMPENSATION PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORA- TION. Finance Director Vitosh noted membership was limited to administrative and confidential employees. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing the Mayor and City Clerk to execute a deed conveying Elm Grove Park to Johnson County, Iowa. No one appeared. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-63, Bk. 85, pp. 135-136, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED CONVEYING ELM GROVE PARK TO JOHNSON COUNTY, IOWA, for $200,0.00. The Mayor stated the money would be placed in the parkland acquisition fund. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Council Activities March 12, 1985 Page 7, Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-64, Bk. 85, pp. 137-169, AUTHORIZING FILING OF NOTICE OF INTENTION TO ACCEPT URBAN RENEWAL DEVELOPMENT PROPOSAL FOR PARCEL 65-2b; SETTING A PUBLIC HEARING FOR 4/23/85, ON THE PROPOSED SALE AND CONVEYANCE OF SAID PARCEL FOR PRIVATE DEVELOPMENT; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTION. The City Manager stated the proposalould be reviewed by Design Review. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor w declared the resolution adopted. Moved by Ambrisco, seconded by Erdahl, to adopt revised "Statement of Policies Governing Participation in Assisted Housing Program Administered by the Iowa City Housing Authority.' Staffinember Seydel present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-65, Bk. 85, pp. 17D-174, REVISING THE ANNUAL BUDGET FOR FY85, PUBLIC HOUSING PROJECTS IA022003 AND IAOSP022-004. Strait requested clarification re a replacement automobile. The City Manager explained funding is from two separate ac- counts; bids had been received, and staff reviewed the necessity and felt it was appropriate to take the lowest bid at this time. Affirmative roll call vote unanimous, 7/0, all Councilmenbers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-66, Bk. 85, p. 175, AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE HOUSING AND INSPEC- TION SERVICES DEPARTMENT - ASSISTED HOUSING, Maintenance Worker I. Affirma- tive roll call vote unanimous, 7/0, all Councilmember present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-67, Bk. 85, p. 176, AMENDING THE CLASSIFICATION PLAN AND NUMBER OF POSITIONS IN THE EQUIP- MENT DIVISION, Body Repair Mechanic and a Parts Clerk. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Dickson, to adopt RES. 85-68, Bk. 85, p. 177, AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN TRANSIT, Operations Supr. Cand Maintenance Worker ouncilmembers present. IThe Mayor declared firmative ithe cresolution adopteall vote d. 7/0, all Moved by Dickson, seconded by Erdahl, to adopt RES. 85-69, Bk. 85, pp. 178-179, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. 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. 85-70, Bk. 85, pp. 180-181, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM CLARIFYING THE EMPLOYMENT STATUS OF THE DIRECTOR. The City Manager explained that this amendment relates only to FICA and IPERS benefits, other benefits are the discretion of the Mayor's Youth Board. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Council Activities March 12, 1985 Page 8 Moved by Erdahl, seconded by Baker, to adopt RES. 85-71, Bk. 85, pp. 182-185, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND CITY & YELLOW CAB CO. FOR THE FY85 SEATS SUPPLEMENTAL TAXI SERVICE, for $6500. The City Clerk clarified the taxicab company previously awarded the contract was no longer in business. Affirma- tive roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, to adopt RES. 85-72, Bk. 85, pp. 186-192, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHWEST IOWA, FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION OF THE GOODWILL INDUSTRIES EMPLOYMENT TRAINING FACILITY FOR VOCATIONALLY DISADVANTAGED contains an T audit he tpr vision er requir d by ointed tng federal regulationsthe agreement . Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Erdahl, to adopt RES. 85-73, Bk. 85, pp. 193-195, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA CITY COMMUNITY SCHOOL DISTRICT, FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO PURCHASE PLAYGROUND EQUIPMENT FOR THE LONGFLOW all CouncilLmembersOpresent.OL The Mayor ideclarermative rthe resolutionoll call vote adopted. 7/O, Moved by Erdahl, seconded by Strait, to adopt RES. 85-74, Bk. 85, pp. 196-197, AUTHORIZING AND DIRECTING THE AUDITOR OF JOHNSON COUNTY, IOWA, TO PLACE THE QUESTIONFOFETHE AMENDING�THEECITY ECTORS AT THE CHARTER TO ROV DER FORELECTION OF S NOMINATION ANDELECTION OF DISTRICT COUNCILMEMBERS SOLELY BY THE VOTERS OF THEIR RESPECTIVEDIS- TRICTS. Individual Councilmembers expressed xpress ddiscussion.theirviews. CouncilJohn exBalmer, Charter Review Commission Chair, present pressed appreciation to the Commission for their work on reviewing the Charter. The r llr calldecs vote:theAyes: Z ber, on d Ambrisco, te6/1.B Baker, the Dickson, Erdahl, division ahl,Strait. Nays: McDonald. Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to thebmeetingdatewhich it and is to bon e finaI ye at passedobeouncil suspended, meetings firior to rst and second consideration and vote be waived and that ORD. 85-3227, Bk. 25, pp. 46-63, TO AMEND THE CITY CHARTER TO CLARIFY THE MEANING OF CERTAIN PROVI- SIONS, AND TO CONFORM TO CERTAIN TERMS AND PROVISIONS TO THE STATE CODE, be voted upon for final passage at this time. Affirmative roll call vote carriedunanimous,Moved MovCouncilmembers ed Erdahl, seconded by Strait,he or declared e motion he ordinance befinally adopted at Councilmembers ipresent. The f Mayor id declared the lordinance adopted. 1/0, all Council Activities March 12, 1985 Page 9 Moved by Erdahl, seconded by Dickson, 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. 85-3228, Bk. 25, pp. 64-65, TO AMEND THE CITY CHARTER WITH RESPECT TO CAMPAIGN FINANCE DISCLOSURE, i be voted upon for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. Nays: Baker. Moved by Erdahl, seconded by Strait, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Erdahl, McDonald, Strait, Zuber, Ambrisco, Dickson. Nays: Baker. Moved by Ambrisco, seconded by Zuber, that the ordinance granting to Iowa -Illinois Gas & Electric Company, its 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 25 years and to furnish and sell electric energy to said city and its inhabitants, be given first vote for passage. Ton Hoogerwerf, representing Iowa -Illinois Gas & Electric, appeared. Individual Councilmembers expressed their views. Moved by Erdahl, seconded by Baker, that the ordinance be amended and the length of the franchise changed from 25 years to 10 years. The Mayor declared the motion defeated, 3/4, McDonald, Strait, Zuber, Ambrisco voting "no." After discussion, the Mayor declared the motion to give first reading to the ordinance as presented carried, 4/3, with the following division of roll call vote: Ayes: McDonald, Strait, Zuber, Ambrisco. Nays: Baker, Dickson, Erdahl. Moved by Ambrisco, seconded by Zuber, that the ordinance granting to Iowa -Illinois Gas & Electric Company, its successors and assigns, for a period for 25 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 transmis- sion, distribution, sale, delivery or furnishing of gas for public or private use in the City of Iowa City and elsewhere, be given first vote for passage. Individual Councilmembers expressed their views. After discussion, the Mayor declared the motion to give the ordinance first consideration carried, 4/3, with the following division of roll call vote: Ayes: Strait, Zuber, Ambrisco, McDonald. Nays: Baker, Dickson, Erdahl. Moved by Erdahl, seconded by Zuber, 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. 85-3229, Bk. 25, pp. 66-78, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, BUILDING AND BUILDING REGULATIONS, BY CREATING ARTICLE VII, ELECTRICITY, BY ADOPTING THE 1984 NATIONAL ELECTRICAL CODE WITH AMENDMENTS; AND DELETING CHAPTER 11 OF THE CODE OF ORDINANCES, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Erdahl, Council Activities March 12, 1985 Page 10 seconded by Zuber, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The -A! iL _J J L J OFFICIAL COUNCIL ACTIONS - 4/2/85 The cost of publishing the following proceedings & claims is $ Cumulative cost for this ca en ar year for said publication is $ Iowa City Council, special mtg., 4/2/85, at 7:20 p.m. in the City Council Chambers of the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Absent: Erdahl. Moved by Zuber, seconded by Dickson, to set a public hearing on 4/9/85, on a resolution to dispose of a portion of the Highway 1 West right-of-way adjacent to Ruppert Subdivision Part One at 809 Highway 1 West (Mary Hartwig Inc. Auto Center). The City Manager stated the applicant's attorney has notified the City that an offer to buy the parcel will be in the mail and hoped Council would proceed with the property sale on the same night the public hearing is held. The Mayor declared the motion carried, 6/0, Erdahl absent. Moved by Strait, seconded by Ambrisco, to adjourn 7:25 p.m. The Mayor declared the motion carried, 6/0, Erdahl absent. A more complete description of Council activities is on file rn h�f' a of th City Clerk. s/ N 14CDONALD, MAYOR s/MARIAN K. KARR, TY CLERK )V'(at nJ -A • 9i-�� Submitted for publication 4/11/85 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES April 2, 1985 Iowa City Council, special mtg., 4/2/85, at 7:20 p.m, in the City Council Chambers of the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Absent: Erdahl. Staffinembers present: Berlin, Helling, Jansen, Karr. Council minutes tape 85-C28, Side 1, 222-254. -Moved by Zuber, seconded by Dickson, to set a public hearing on 4/9/85, on a resolution to dispose of a portion of the Highway 1 West right-of-way adjacent to Ruppert Subdivision Part One at 809 Highway 1 West (Mary Hartwig Inc. Auto Center). The City Manager stated the applicant's attorney has notified the City that an offer to buy the parcel will be in the mail and hoped Council would proceed with the property sale on the same night the public hearing is held. The Mayor declared the motion carried, 6/0, Erdahl absent. Moved by Strait, seconded by Ambrisco, to adjourn 7:25 p.m. The Mayor declared the motion carried, 6/0, Erdahl absent. JOHN MCDONALD, MAYOR ............ MARIAN K. KARR, CITY CLERK COMPLETE 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: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: none. Staffinembers present: Berlin, Helling, 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. 198, RESOLUTION OF COMMENDATION FOR RUTH WALTERS, in recognition of 19 years of service. Affirmative Roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Dennis Langenberg, Chair of the Johnson County Bd, of Supervisors, presented a check for $200,000 to the City for Elm Grove Park. The Mayor noted the cooperation between the City and County on this sale and presented the signed deed for the property to Langenberg. i Mayor McDonald proclaimed April 14-20, 1985 as Medical Laboratory Week; April 1985 as Fair Housing Month; April 8-14, 1985 as Week of the Young Child; April 15-21, 1985 as A Taste of Iowa City Week. The Mayor noted the addition of the liquor license for The Vine to the Consent Calendar. Moved by Strait, seconded by Ambrisco, that the following items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Official Council actions of the regular meeting of 3/12/85 and the special meeting of 4/2/85, as published, subject to 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 Comm. - 3/13/85; Human Rights Comm. - 2/25/85; Airport Conn. - 2/13/85; Design Review Comm. - 3/6/85, 3/20/85; Riverfront Comm. -12/5/84, 3/6/85; Urban Environment Ad Hoc Comm. - 2/19/85 Charter Review Comm. - 1/21/85; Bd. of Adjustment - 2/13/85; Civil Seryice h iceComm. -3/6/85, 3/12/85; Housing Appeals Bd. - 2/12/85; Resources Conservation Comm. -2/11/85; Historic Preservation Comm. - 2/13/85. Permit Motions: Approving Class C Liquor License for Lenny's LTD dba Lenny's, 122 Wright StreetApproving Class C Liquor License for Kennedy Investments Inc. dba The Vine Tavern, 330 E. Prentiss. Motions: Approving disbursements in the amount of $1,932, 524.88 for the period of 2/1 thru 2/28/85, as recommended by the Finance Director, subject to audit. Authorizing the City Engr. to sign an application for use of highway right-of-way for utilities accommodation to Northwestern Bell Telephone Co. for N. Dodge Street and Brown Street. Authorizing the City Engr, to sign an application for use of highway right-of-way for utilities accommodation to Iowa -Illinois Gas & Electric Co. for Highway 218 South (Riverside Drive) and Ernest Street. Authorizing the City Engr. to sign an application for use of highway right-of-way for utili- ties accommodation to Iowa -Illinois Gas & Electric Co. for Highway 6 and Council Activities April 9, Page 2 alley west off Valley Avenue. Granting permission to River City Balloonists Association to use a portion of City Park for launching hot air balloons. , ADOPTING SUPPLEMENT NUMBER Resolutions: RES. 85-76, Bk. 85, p. 200 23 to the Code of Ordinances of the City of Iowa City, Iowa. RES. 85 77, Bk 85, P. 201, AUTHORIZING,THn Chauncey EPARTMESwan N T Lot HOLD AN ABANDONED BICYCLE SALE Sunday, 202, TO SET PUBLIC Setting public hearings: RES. 85-78, BK. 85, p. HEARING FOR 4/23/85 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND 203, TO SET PUBLIC HEARING FOR 5/21/85 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE COURT IMPROVEMENT PROJECT. RES. 85 79, Bk. 85, P• ON THE CITY OF IOWA CITY'S FY86 STATE TRANSIT ASSISTANCE APPLICATION. Correspondence: Letters objecting to the proposal to establish a zoo from: Shari Bleuer and Ruth Wagner and Petition from Sibyl Christensen, Celia Eckey, Anna Torppa, and Patricia Farrant, Mg theMarea Wboundedtby 6 be designated an environmentally sensitive regarding Urban Environment Policies and requesting Ferson, Richards and Highwayf6 reply. Chamber of Commerce regadigfthe area, referred to PPD Dept. Letter and petition the additional levels for the Dubuque rom additional levels for the Dubuque Street amp thanks for the coop the Downtown Association Chambeof Commerce expressing Commission in deliberations on Street Ramp. and Zoning support for the local of the City staff and the Planning the proposed on the Sign Ordinance. Kathleen Janz regarding regarding John Hayek, chapter of the American Red Cross. Will Geraldine Busse, rezoning of the Melrose Lake area from: Donald Klotz, Ger ort for the Terence and Glenys Williams, Su Supervisors expressing pp Resources Chairperson of the Bd. of P David Levy, Resources Conservation CommissiRiverfron; Headstart School. Letters of resignation from: Bob Singerma , Conservation Commission; Anne Swedish-Moses,Tme limit of Diana Lewis, Memo from Commission;on the north side Commission metersMinother300tb1ockhe roffIowa Avenue- Parking parking certified lists of applicants for the following of the 100 block of East Lafayette Street. Memo from the Civil Service Comnission submitting erator Transit; Administrative Clerk Typist positions: Mass Transit Op Senior Maintenance Worker - - City Clerk; Maintenncworker kolice, Parking; Landfill', Radio Dispatcher lic Grounds: Heidi MciJeil to Applications for Use of Streets and Pub have the First Annual Race Judicata on 4/13/85approved. Janet Lyness , c on to picket in front of the Emma Steve dman lto�se11 Gir 18 S�coutmcookieClub to 5:00 p.on m., PP roved. Iowa City Striders Running Marnetta Run on Sunday, 3/17/85, approved' 3/27/85, Blackhawk Min�park on 3/16/85, app to have a St. Pat's Day Shetler to have a prayer vigil for peace on 3/13/85, 3/20/85, 3/27/8 , 4/3/85, approved. resent. The "members p Affirmative roll call vote 11 be deleted unanimous, 7/O, all CthtRecommendation of Boards fayorthecCiared onsenthCalendar ande motion ried and insertedrasuitemdthat item 5g(II) rom Council Activities April 9, 1985 Page 3 and Commissions. Baker inquired as to the $922 disbursement to the Chicago Cubs. The City Manager stated the amount was for a recreation department trip and would be reimbursed. Moved by Ambrisco, seconded by Dickson, to set a public hearing for 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 a portion of the Mormon Trek Boulevard right-of-way near Plaen View Drive (Ty'n Cae Part Four) and the Iowa City corporate limits. No one appeared. The Mayor explained the difference in the valuation of the property was the difference between the previous assessment and the current. Moved by Dickson, seconded by Ambrisco, to adopt RES. 85-80, Bk. 85, pp. 204-206, TO DISPOSE OF A PORTION OF THE MORMON TREK BOULEVARD RIGHT-OF-WAY NEAR PLAEN VIEW DRIVE AND THE IOWA CITY CORPORATE LIMITS (Ty'n Cae Part 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-way adjacent to Ruppert Subdivision Part One at 809 Highway 1 West. No one appeared. Moved by Zuber, seconded by Strait, to adopt RES. 85-81, Bk. 85, pp. 207-208, AUTHORIZING CONVEYANCE OF A PORTION OF THE HIGHWAY 1 WEST RIGHT-OF-WAY ADJACENT TO RUPPERT SUBDIVISION PART ONE AT 809 HIGHWAY 1 WEST. 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 ordinance rezoning two parcels for Gorden Russell. Jay Honohan, atty. for the appli- cant, appeared and requested Council rezone the eastern parcel and defer action on the western parcel until after July 1st when new legislation would be in effect allowing the City to enter into an agreement stating when excavation is completed on the western parcel that the property would be rezoned back to current zoning. McDonald noted that staff had distributed an ordinance this evening rezoning only the eastern parcel, and that Council had two options, to rezone both parcels as indicated on the agenda and ordinance in the packet or to rezone only the eastern parcel as indicated in the ordinance distributed this evening. In response to McDonald, staffinember Milkman stated that the applicant would be required to go thru the normal rezoning procedures with the Planning and Zoning Commission in July for rezoning the western parcel. Atty. Honohan stated that an applicant has the ability to divide his application and in this case the applicant has agreed to defer consideration of the western parcel until after July 1st. Honohan requested that the matter not go thru the whole process again and suggested 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 rstated tat ocedurehwhenotheil in rezon rezct oning esti wasive threconsidered1Ye ments of the rezoning p Moved by Dickson, seconded by Ambrisco, to substitute the ordinance L application and evening for the agenda his item and to defer the rezoning 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 Erdahl stated he was not in favor of waiving all three readings this evening. 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 athextraordinased ary aonrity ti should be calculated based on the remaining 9 members. 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. had Jansen stated he and the counsel fo 0 ice oneaouewhat theiewed RulesthCommitteeewas tion and that he had no strong opp 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 an the ed agenda go to sthe ed changeon of but did nlic ot agreeconissues- way Councilstated changihe ngeit with the prop 9 by voting on it this evening and would therefore be voting against it. The Mayor declared the motionto byeStablish Ambrisco a new seconded of by Erdahl that the rule Baker voting no. 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 . 79e81, AMENDING THE ZONING ORDINANCE consideration and vote be waived CHANGING hTHE USE REGULAat ORD. TIONS Bk. 25, pp. 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: Bakerthat the . Abstaining: Strait. Moved nancthy is time. The Mayor dted at eclaredsonthe ordinance adopted,e5/1 "w thbe lthe following wing 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 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 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 CAE, 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 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 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. 85-86, Bk. 85, pp. 220-221, APPROVING THE PRELIMINARY AND FINAL PLAT FOR BURKLEY SUBDIVISION. 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 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 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 Project. Public Works Director Schmadeke explained the project involved replacing early 1900's systems throughout the City. Darrell Lamb, Director of Engineering at Mercy Hospital, appeared and clarified the schedule for street closings j 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 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 Manager stated the project would be undertaken earlier as Council requested. No one appeared. Moved by Strait, seconded by Dickson, to adopt RES. 85-89, Bk. 85, P. 224, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR 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 principal amount not to exceed $1,100,000. No one appeared. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-90, Bk. 85, pp. 225-229, TO PROCEED WITH THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) IN AN AGGREGATE i 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 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 -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 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 i 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 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 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 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 three officers. Baker called attention to 4 workshops dealing with problems 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 at 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 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 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 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 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 SIGN AND THE CITY CLERK TO ATTEST THE FY86 APPLICA- 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 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 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, 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 vote 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 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 & 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 & 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 unanimou y, 7/0, all Councilmembers present. MAR AN K. KARR, CITY CLERK Informal Council Discussion April 2, 1985 Informal Council Discussion: April 2, 1985 at 6:00 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Strait, Zuber, Dickson, Baker, Ambrisco. Absent: Erdahl. Staff Present: Berlin, Helling, Jansen, Karr, Smith, Schmeiser, Farmer, Gannon, McGonagle, Moen, Brown. Tape Recorded: Reel 85-C31, Side 1, 45 -End, Side 2, 1-409. Tour Councilmembers and staff toured sidewalk special assessment program sites and the newly remodeled Nelson Adult Center. Formal Meeting A brief formal meeting was held. Sidewalk Assessment Program Reel 85-C31, Side 1 Berlin said the Council can receive input from residents at the informal Council meeting and at the public hearing at which time the Council will decide if a specific sidewalk is included or excluded from the project. Berlin stated the project is currently proposed as a 100% assessment to the property owners with no block grant money funding the project. The assess- ment period is a maximum of ten years, the interest rate is established by state and determined at the time the project is assessed and the assessment is billed with taxes. Dickson inquired if a sidewalk could be put only on one side of the street and assessed property owners on both sides of that street. Jansen said it is doubtful because, according to state law, it has to directly benefit the property owner. Strait inquired about the number of mature trees that would need to be removed. Farmer stated only one mature six inch tree on Oakland Avenue would need to be removed. Friendship Street residents opposed the installation of the sidewalk on Friendship and raised concerns about tree removal, sidewalk alignment, snow removal, being able to afford the assessment, replacement of the four inch sidewalk with six inch sidewalk with future residential development. Farmer said there were complaints received by people wanting sidewalks in the area. Berlin stated the engineering crew will furnish Council an outline showing the locations of the trees and sidewalk. Zuber said the City Forester should be involved with the project. Berlin stated the City Forester will be involved once the plans are completed. McDonald explained that Council will make a final decision about the project at the public hearing and area residents will be notified of the public hearing. Strait requested informa- tion about the accident history as a result of not having sidewalks. In response to Baker, Transit Mgr. McGonagle said bus ridership is low on Friendship because it is two blocks from the end of the line. Street Naming Policy Reel 85-C31, Side 1 Council noted that the March 28 memo from PPD Director Schmeiser regarding street naming policy. Baker stated there should be a formal policy that gives the City control over naming streets. Council agreed with Berlin's suggestion to have Historic Preservation Commission develop a street naming policy re naming for historical significance or achievement. Baker said the City Planning Department should be involved. Transit Fare Subsidy Reel 85-C31, Side 1 Council reviewed the March 29 memo from Transit Mgr. Larry McGonagle regard- ing Project Hard Times - transit fare subsidy. In response to McDonald, McGonagle said the increased use of the program was probably due to more awareness of that program. Berlin said if the City is going to have an expanded program it should be financed as it is currently financed so that there isn't a hidden subsidy in the transit system and that there is a direct appropriation. Berlin also stated the only feasible way to operate the expanded Program is to have it administered directly by the agencies. Council discussed expanding the program and raised concerns about human service needs, the unemployment rate, accountability and budget constraints. I In response to McDonald, McGonagle said the City of Davenport's transit fare subsidy program gave a one-half fare pass distributed at the City Hall. Berlin suggested continuing the Job Service transit fare program, expanding the program with the Crisis Center and Social Services, experimenting with the expanded program for four months, and paying for it out of the human services contingency fund. Zuber requested that the Crisis Center keep records about the use of the program. Council agreed to maintain the Job Service transit fare subsidy program and expand the program with the Crisis Center and Social Services for a six month trial period. Pat Gilroy, representing the Crisis Center, expressed appreciation to the Council for expanding the program. Summer Meeting Schedule Reel 85-C31, Side 2 Councilmembers reviewed the City Council summer meeting schedule. McDonald said additional meetings could be scheduled during off -weeks if needed. Helling said Councilmembers should contact him or Lorraine Saeger about vacation schedules. In response to Strait, McDonald said Councilmembers could not vote by absenteeism or proxy. Baker inquired about the status of a recommendation from Planning and Zoning re down zoning a north side property that will require Council action. Staff will investigate. Council agreed with the summer schedule as noted in the March 29 memo from the Assistant City Manager and stated changes (additions or deletions) could be made as needed. Council Time Reel 85-C31, Side 2 1. Baker inquired about the Clear Creek office/research park project - essential infrastructure for the site as discussed in Berlin's March 29 memo regarding the City nomination for HUD/SBA economic development 1 /e assistance. Berlin said the City has talked to them about how to provide water and sewer to the site but no commitments have been made. McDonald said commitment to provide the sewer and water service is made by Council majority. 2. Baker asked that the Osterberg 8 Sheehan "Reports on the Iowa Economy" No MoreSomething for Nothing Utility Franchise Fees by Notlie Yacknin be discussed next wee . Strait noted appreciation for the City Engineer's March 25 memo regarding Dubuque Street curb and gutter and requested the project be considered in the 1986 CIP if money is available from savings from other projects. Berlin said when Council reviews the CIP inJanuary, the project will be included for consideration, by the time it is determined that money is available, it would be too late to begin construction of the project in FY86, and other projects may already have been prioritized for use of any available funds. In response to Baker, Berlin said the whole project could be assessed to the property owners. The matter will be included in next year's (FY87) CIP. 4. Zuber inquired about scheduling a pre -budget meeting with City staff. McDonald said a meeting will be scheduled in early September. 5. Zuber said Councilmembers should monitor the state budget. Berlin said only the Senate has dealt with the collective bargaining bill. 6. Berlin said Metcalf 8 Eddy has discussed with City staff the second draft of their sewer study review of four alternatives and it would be worth- while for Metcalf 8 Eddy to present to the Council the advantages and disadvantages of each alternative before they proceed to work on each alternative. Berlin said it may be better for the Council to review the material now and not waste the Engineer's time if there are things that the Council may not want to include. The discussion will be scheduled at an informal Council meeting. Berlin said Arthur Young would like to schedule a 3-4 hour meeting with City staff and City Council to discuss all of the sewer facility financ- ing alternatives. Berlin will contact Councilmembers regarding the scheduling of that meeting. Executive Session Moved by Dickson, seconded by Ambrisco, to adjourn to executive session under Section 28A.5b 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, Erdahl absent. The Mayor declared the motion carried and adjourned to executive session, 8:40 p.m. _Z I Informal Council Discussion April 8, 1985 Informal Council Discussion: April 8, 1985, at 6:30 p.m, in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Strait, Ambrisco, Baker, Dickson, Erdahl. Absent: Zuber. Staff Present: Berlin, Melling, Karr, Smith, Franklin, Milkman, Jansen, Cassady, Cain. Tape-recorded: Reel 85-C31, Side 2, 409 -end; 85-C32, Side 1 and Side 2, all; 85-C33, Side 1, 1-216. CONSENT CALENDAR: Reel 85-C31, Side 2 Council agreed to add the liquor license for The Vine Tavern to the April 9th Council meeting consent calendar. PLANNING AND ZONING MATTERS: Reel 85-C31, Side 2 6a. Set Public Hearing/Iowa City Zoning Ordinance: Franklin said the Council received the amendments in a memo outlining the Planning and Zoning Commission recommendations. 6b. Set Public Hearin /Change the name of Highlander Drive to Northgate Staff has no objections to the change and the name does not conflict with other street names. 6c. Public Hearing/Dispose of a portion of the Mormon Trek Boulevard Franklin explained Ty'n Cae Part 3 is being amended and Council has given two readings to amend the PDH ordinance. The third reading will be held after disposition of the right-of-way in the amended Ty'n Cae Part 3, which become Ty'n Cae Part 4. In response to Dickson, Franklin said the difference in the property and the offer was due to the timing of the payment. The new assessed value, $2100 per acre, was assigned for future tax payments due in September 1986. The offered price reflects the new assessed value. Franklin said Council will consider a resolution to dispose of a portion of the Mormon Trek Boulevard right-of-way near Plaen View Drive, hold a third reading of the PDH ordinance to amend Ty'n Cae Part 3, and consider a resolution to approve the preliminary subdivision plat and planned development housing plan of Ty'n Cae Part 4. 6d. Resolution to dispose of a portion See item C. -r_-/Y 2 6e. Public hearing on a resolution Milkman said the property is adjacent to Mary Hartwig's and the purchase offer of $2,411.85 is what the IDOT had paid for the property. Milkman stated there will be a resolution approving the final subdivision plan and final LSNRD. Baker inquired about the waiver of the provision of sidewalks. Franklin explained it is a commercial development and residential zoning and pedestrian traffic is unlikely. 6f. Resolution authorizing conveyance of a portion of the Highway 1 West No Council discussion. 6g. Rezone Milkman stated a bill is in the Iowa Legislature which will become law July 1st and will permit zoning with an agreement with the property owner and if it is a public need. A letter from Mr. Honohan stated that Mr. Russell would agree to the rezoning of the eastern portion of the property at this time and the rezoning of the western portion after July 1st with such an agreement. Jansen stated the Iowa Legislature bill is not a blanket endorsement of contract zoning and there are limitations. In response to Strait, Honohan stated the Iowa Law School Foundation owns 50% of the property. Milkman said Honohan has requested a waiver of the three readings. McDonald said first consideration was delayed because of a missed Council meeting. Franklin said six Council votes are needed to waive the readings. 6h. Neuzil property, rezone property from RM -12 to RS -8: Milkman said Council members received letters from Attorneys Meardon and Hayek requesting deferral of the second consideration. Karr stated letters were also received from Betty and Al Thomas and Frank and Mary Glick representing Melrose Lake Community Association supporting the second consideration. Milkman stated a letter was received from the Williams asking Council members to reconsider their vote. Baker inquired about the Williams letters reference to "eminent development nearby." Milkman said the reference is about a proposed Nagle/Thurman development on the one remaining property. T_- /7 61. 3 bounded by University Heights to the north. the former See item 6.h. 6j. Ordinance for an amendment to the Planned Development Housing Plan for Ty'n Cae Part 3: See item C. 6k. Resolution to approve the preliminary subdivision plat and Planned De- velopment Housing Plan for Ty'n Cae Part 4: See item C. 61. See item E. 6m. Resolution to dispose of Franklin said no comments were received at the March 12, 1985, public hearing. 6n. Resolution on the Urban Environment Policies as recommended b the P anning and Zoning Commission as an addendum to the 1983 Comprehensive Milkman said one comment from Project GREEN was received at the March 12 public hearing. 6o. Resolution approving the preliminary final and final plat for Burkley Subdivision: In response to Ambrisco, Milkman said this subdivision is located on the corner of Kirkwood Avenue and Marcy Street. Milkman said this is a proposed subdivision for four lots and there is an agreement with the applicant to have only a single access onto Kirkwood Avenue. In response to Baker, Milkman said the house would convert back to a single-family dwelling if the Emmanuel House of Prayer ceases its operations. 6p. Resolution ado tin a referred ali nment for Foster Road at its intersec ion wi ort u uque oa near risto rive: Council discussed this as a separate item. T -l7 6q. Recommendation of the Planning and Zoning Commission reauest to rezone two acres north of Rapid Creek Road and Milkman said the Planning and Zoning Commission recommended that the Council advise the Johnson County Board of Supervisors that the applica- tion for the rezoning is found to be inconsistent with the Johnson County/Iowa City Fringe Area Policy for Area 4 as the policy is cur- rently written. Franklin said the County Zoning Commission had deferred action until after the Fringe Committee met; a letter that will be sent to the Board of Supervisors will state the City Council recognizes that this is currently being considered by the Johnson County/Iowa City Fringe Area Policy Comnittee; and that the Planning and Zoning Commis- sion has suggested further that the development policy for Area 4 be reevaluated to allow non-farm residential use along Rapid Creek Road with consideration given to the need for access in the future to interior parcels. BRISTOL DRIVE/NORTH DUBUQUE: Reel 85-C32, Side 1 Dr. Kennedy stated his opposition to any street alignment which routes the street through his property. Kennedy said that his property is not the appropriate place to build Foster Road; there is no valid reason to condemn his property when the adjoining property, the Ackerson's, is for sale; the alignment would substantially change the character of his property and destroy the grove along the frontage; the Kennedys may want to build a small "grandpa" house in the future; traffic on Foster Road will want to go west towards town and an easterly jog would not serve that purpose; and an easterly jog would put traffic onto the easterly portion of N. Dubuque Road and create traffic hazards. Kennedy suggested that the developer delete one or two lots so there wouldn't be a need for a secondary access road and Foster Road should be aligned in a westerly direction. McDonald asked Dean Oakes if he had stated he would never develop more land behind the proposed addition. Oakes stated he did not think he made that statement, it would take 20 years to develop the area, and the economics of development would need to change for development to take place. Franklin stated the 125 foot jog to the east appears to be the least costly an Mr. Oakes was willing to participate in the cost of that road. Oakes said when he originally sold the Ackerson farmhouse, there were no City restric- tions regarding access; he currently has no agreement with the Ackersons to purchase their property; and he has spent ten years trying to find out the alignment of Foster Road from the City. Council discussed the resolution adopting a preferred alignment for Foster Road, the developers participation in the costs, and future development of the area if Mr. Oakes only develops 22 units now. Berlin inquired about entering into an agreement with Mr. Oakes that would provide that Oakes' contribution in the future would be no less than if the road were put in now. Franklin pointed out that the recent legislation regarding agreements with developers refers to an ordinance to rezone or approve a site development. Erdahl stated that even if Council doesn't adopt the preferred alignment for Foster Road, there will be the same problems with future development. "1 =/7 Ambrisco said the Council should continue with plans to improve Old Dubuque Road. Erdahl inquired if Oakes only developed 22 units, if providing for an easement for secondary access could be a stage of the planning process. Franklin said providing for an easement for secondary access cannot be tied into future development and, with future development, the Council would be faced with amending the policy for secondary access, condemning land, or persuading the developer that the developer would have to provide the secondary access totally at his own cost. Erdahl inquired if the City could purchase an easement for secondary access from the Ackersons. Baker inquired about future secondary access. Franklin explained that the developer is required to provide the secondary access. McDonald expressed his reluctance to leave the decision for provision of access to a future Council. He stated, however, that he could not advocate condeming Mr. Kennedy's property at this time and suggested that the Council do nothing. Berlin said if the Council votes to reject the resolution, the City will assume that Oakes can proceed with the 22 lot development. Council informally agreed to reject the resolution adopting a preferred alignment for Foster Road at its intersection with North Dubuque Road near Bristol Drive. PARCEL 65-2b: Reel 85-C32, Side 2 Cain noted that the developer's proposal and design plans meet the bid requirements as set out in the Prospectus and offers the minimum bid price of $10,500 for the parcel. Council received the April 3, 1985, memo from Cain containing a staff evaluation of the proposal. Cain introduced Attorney Phil Mears and Bill Nowysz, architect for the project. Nowysz presented the site plans and proposed west face for the Paul -Helen Building. In response to Strait, Nowysz said there would be an entrance to the alley. Nowysz said the west face will have a brick veneer with windows on the second and third floor, and they plan to utilize a reclaimed entrance from the University old armory building. Baker raised concerns about problems with graffiti on the ground floor walls. Nowysz explained windows are not necessary for the present use and there will be a planted area along the ground floor. Berlin said the mini -park will not be reconstructed this year, the developers have a commitment to work with the City on the final design plans of the mini -park, and there have been preliminary discussions that the use of the mini -park may change with the development of the parcel next to the hotel. Cain stated that no decisions have been made about the final design of the mini -park. t In response to Strait, Cain explained that the developer is required, as a condition of the bid, to pledge $5,000 worth of services towards the redesign of the mini -park and the City has already budgeted money for the redesign and construction of the mini -park. 7-_- /7 Mears said the redesign of the mini -park should not be delayed. Erdahl said the City should preserve an intimate area for conversation and an area for free speech in the mini -park. Cain stated a public hearing will be held March 23rd on the sale and convey- ance of the property and there will be a resolution to designate a preferred developer. COUNCIL TIME/AGENDA: Reel 85-C32, Side 2 1. McDonald inquired about agenda item 3 (final closing of sale of Elm Grove Park). Berlin said the Board of Supervisors will present a check to the City and the City will give then a deed. 2. McDonald said William Gersonde asked if Council would consider a zoo proposal. Councilmembers discussed and opposed establishing a zoo. 3. McDonald asked Councilmembers to defer the second of three required readings on the proposed Iowa -Illinois franchise because the proposal appears less restrictive than the old one. McDonald said several items were omitted, there were language changes, and the new proposal needs to be reviewed. Berlin said staff will prepare an analysis of the existing franchise and relate it to the regulatory ordinance that was initially proposed. The majority of the Council agreed to defer action on the second reading. 4. In response to Baker, Berlin said the Arts Council can meet with the Convention on Tourism Bureau relating to programs. 5. Baker gave Council an update of the locations of newspaper vending machines. 6. Ambrisco said the Iowa Legislation Conference Committee agreed to a tax package resolution late this afternoon. Berlin said that is interest in the House to amend some of the collective bargaining provisions passed by the Senate. 7. Erdahl inquired about the status of the Rules Committee review on abstention rules for City Council. Karr said the League of Municipalities had responded directly to the Legal Department and Legal was currently reviewing. Erdahl asked staff to review the question of abstention from voting for conflict of interest and its impact on the majority vote for tomorrow evening's formal meeting. B. In response to Dickson, Berlin said staff met with University of Iowa Vice President Phil Hubbard and a representative of the Women's Transit Authority. The Women's Transit Authority was going to present additional information to the City. APPOINTMENTS: Majority of members present agreed to the following: , Planning and Zoning Commission: Rod Terry, Karen Kubby -1— /% VA iHousing Commission: Mary Joan Streb, James Barfuss i Committee on Community Needs: Jane Strabala EXECUTIVE SESSION: Moved by Ambrisco, seconded by Dickson, to adjourn to Executive Session under Section 28A.5.j Real Estate, to discuss the purchase of particular real estate only when premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes in the tape-recording of the session closed under this paragraph shall be available for public examination when the transaction discussed is completed. And, Section 28A.5.c litigation to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent where its disclosure would be likely to prejudice or disadvantage the position of the government body in that litigation. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried and adjourned to executive session 8:50 p.m. -E-i7 k