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HomeMy WebLinkAbout1985-04-23 Council minutesInformal 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 detennined 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 Friendst tree snow removalr,i being ablee to afford the uassessment, replacement koflthaland raisd concerns ignment, inch sidewalk with six inch sidewalk with future residential velopminttheFarear said there were complaints received by people9 de Berlin stated the engineering crew will furnish Council an outline showing the locations of the trees and sidewalk. Zuber said the City Forester should ie invol voncewthe plansproject. earcompleted. McDonald BerlinMcDonald explained that will ith the 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- responseutohBaker, Transit tMgr. ory aMcGonagle s a tsaid of nbus ot hridership aving eWisklow 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- i 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 expandedprogram 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. 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 - essentiai infrastructure for the site as discussed in Berlin's March 29 memo regarding the City nomination for HUD/SBA economic development 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. Baker asked that the Osterberg & Sheehan "Reports on the Iowa Economy" No More Some thin for NothingUtilityFranchise Fees by Hollie Yacknin be is'cu sse 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 in January, 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 & 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 & 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.5c to discuss strategy with counsel 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. OFFICIAL COUNCIL ACTIVITIES - 4/9/85 The cost of publishing the following proceedings & claims is E Cumulative cost for this ca en ar year for said publication is $ 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. 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 resolu- tion 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. 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: PBZ 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 Comm. -2/13/85; Design Review Comm. - 3/6/85, 3/20/85; Riverfront Conn. -12/5/84, 3/6/85; Urban Environment Ad Hoc Comm. - 2/19/85; Charter Review Official Activities April 9, 1985 Page 2 Comm. - 1/21/85; Bd. of Adjustment - 2/13/85; Civil Service Comm. -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, 122 Wright Street. Approving Class C Liquor License for 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 utilities accommoda- tion to Iowa -Illinois Gas & Electric Co. for Highway 6 and alley west off Valley Avenue. Granting permission to River City Balloonists Association to use a portion of City Park for launching hot air balloons. Resolutions: RES. 85-76, Bk. 85, p. 200, ADOPTING SUPPLEMENT NUMBER 23 to the Code of Ordinances of the City of Iowa City, Iowa. RES. 85-77, Bk. 85, p. 201, AUTHORIZING THE POLICE DEPARTMENT TO HOLD AN ABANDONED BICYCLE SALE Sunday, 4/28/85, in Chauncey Swan Parking Lot. Setting public hearings: RES. 85-78, BK. 85, p. 202, TO SET PUBLIC HEARING FOR 4/23/85 ON PLANS, SPECIFI- CATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE COURT IMPROVEMENTS PROJECT. RES. 85-79, Bk. 85, p. 203, TO SET PUBLIC HEARING FOR 5/21/85 ON THE CITY OF IOWA CITY'S FY86 STATE TRANSIT ASSISTANCE APPLICATION. Official Activities April 9, 1985 Page 3 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. Mr. & Mrs. Wm. Eginton regarding Urban Environment Policies and requesting the area bounded by Ferson, Richards and Highway 6 be designated an environmentally sensi- tive area, referred to PPD Dept. for reply. Chamber of Commerce regarding the additional levels for the Dubuque Street Ramp. Letter and petition from the Downtown Association regarding the additional levels for the Dubuque Street Ramp. Chamber of Commerce expressing thanks for the cooperation of the City staff and the Planning and Zoning Commission in deliberations on the Sign Ordinance. Kathleen Janz regarding support for the local chapter of the American Red Cross. Letters regarding the proposed rezoning of the Melrose Lake area from: William Meardon, John Hayek, Terence and Glenys Williams, Or. & Mrs. Donald Klotz, Geraldine Busse. Chairperson of the Bd. of Supervisors expressing support for the Headstart School. Letters of resignation from: Bob Singerman, Resources Conservation Commission; David Levy, Resources Conservation Commission; Diana Lewis, Riverfront Commission; Anne Swedish -Moses, Riverfront Commission. Memo from the Traffic Engr. regarding: Time limit of parking meters in the 300 block of Iowa Avenue; Parking on the north side of the 100 block of East Lafayette Street. Memo from the Civil Service Commission submitting certified lists of applicants for the following positions: Mass Transit Operator - Transit; Administrative Clerk Typist - City Clerk; Maintenance Worker I - Parking; Senior Maintenance Worker -Landfill; Radio Dispatcher -Police. Applictions for Use of Streets and Public Grounds: Heidi McNeil to have the First Annual Race Judicata on 4/13/85, approved. Janet Lyness to Official Activities April 9, 1985 Page 4 picket in front of the Emma Goldman Clinic on 4/6/85, from 9:00 a.m. to 5:00 p.m., approved. Kathleen Steve to sell Girl Scout cookies on Black - hawk Minipark on 3/16/85, approved. Iowa City Striders Running Club to have a St. Pat's Day Run on Sunday, 3/17/85, approved. Marietta Shetler to have a prayer vigil for peace on 3/13/85, 3/20/85, 3/27/85, 4/3/85, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and requested that item 5g(11) be deleted from the Consent Calendar and inserted as item 20C, Recomnendation of Boards and Commissions. 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 Council - members 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 P1aen View Drive (Ty'n Cae Part Four) and the Iowa City corporate limits. 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. 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 Official Activities April 9, 1985 Page 5 RUPPERT SUBDIVISION PART ONE AT 809 HIGHWAY 1 WEST. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion 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 applicant, 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 the necessity to require the applicant go thru the whole process again. The City Attorney stated that Council in effect could waive the requirements of the rezoning procedure when the rezoning request was reconsid- ered. Moved by Dickson, seconded by Ambrisco, to substitute the ordinance distributed this evening for the agenda item and to defer the rezoning application and consideration on the western parcel. The Mayor declared the motion carried, 6/0, with Strait abstaining. Honohan requested the ordinance be passed and adopted that evening due to Council not Official Activities April 9, 1985 Page 6 meeting the last week in March. Baker stated he was not in favor of waiving all three readings this evening. Erdahl reported on the Rules Committee interpre- tation regarding extraordinary majority votes required. The opinion of the Committee was when a member abstains for reason of conflict of interest that the extraordinary majority should be calcu- lated based on the remaining voting members. Based on the number of Council - members voting on this matter, 5 out of 6 would constitute an extraordinary major- ity. The Rules Committee interpretation was sent to the League of Municipalities and the City Attorney for review. City Atty. Jansen stated he and the counsel for the League had reviewed the interpretation and that he had no strong opposition to what the Rules committee was saying on legal grounds. He stated the Iowa Code states three-fourths of members of Council but the question is whether it means the member of Council as an entire body or as a quorum present at the meeting. He further recommended the policy be adopted as part of the rules of Council. Council - member Strait explained his abstention on the rezoning due to his faculty status at the Law School and the fact that the Iowa Law School Foundation is involved as part owner of the parcel to be rezoned. Erdahl pointed out that the policy suggests a Councilmember abstaining for conflict of interest, if possible, state the reason. Moved by Erdahl, seconded by Strait, to etablish a new rule of Council and allow Council to vote upon that rule before completing a vote on the rezoning matter before them. Council questioned the City Attorney re the item not being listed on the agenda. The City Attorney stated this was an internal rule and as a legislative body Council has the right to set up governing rules. It was his opinion that items listed on the agenda go to the question of public policy issues. Baker stated he agreed with the proposed change but did not agree on the way Council was changing it by voting on it this evening and would therefore be voting against it. The Mayor declared the motion to establish a new rule of Council carried, 6/1, Baker I Official Activities April 9, 1985 Page 7 voting "no." Moved by Ambrisco, seconded by Erdahl, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and that ORD. 85-3230, Bk. 25, pp. 79-81, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY AT THE SOUTHERN IOWA CITY CITY LIMITS BETWEEN THE IZAAK WALTON LEAGUE PROPERTY TO THE EAST AND THE WEST LINE OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. TO THE WEST FROM I-1 TO I-2, be voted on for final passage at this time. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Ambrisco, Dickson, Erdahl, McDonald, Zuber. Nays: Baker. Abstain- ing: Strait. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 5/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Zuber, Ambrisco. Nays: Baker. Abstaining: Strait. 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 unani- mously,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 Official Activities April 9, 1985 Page 8 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. 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 unani- mous, 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 8 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 COMPREHENSIVE PLAN UPDATE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Moved by Ambrisco, seconded by Zuber, to adopt RES. 85-86, Bk. 85, pp. 220-221, APPROVING THE PRELIMINARY AND FINAL PLAT Official Activities April 9, 1985 Page 9 FOR BURKLEY SUBDIVISION. Baker stated his intention to vote against the subdivision because he felt it 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 unani- mously, 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 regulations but no money was being received from the State. Official Activities April 9, 1985 Page 10 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 BIOS 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 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 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 resolu- tion adopted. 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. 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 resolu- tion 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. Official Activities April 9, 1985 Page 11 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 PRINCIPAL AMOUNT NOT TO EXCEED $1,100,000. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution 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 Conserva- tion 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 considerations 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 their views. After discussion, the majority of Council favored the re -appointment of Perry and Official Activities April 9, 1985 Page 12 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 8 Zoning Commission for five-year terms ending 5/1/90. The Mayor declared the motion carried unanimously, 6/1, Baker voting ,.no... 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 Councilmembers 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 racent departure of three officers. Baker called attention to 4 workshops dealing with problems associated with older homes. The workshops are a commu- nity project between the Historic Preser- vation Commission and Kirkwood College. Strait asked the City Manager to investi- gate 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 Commis- sions noted as follows: Recommendation 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 enthusiastic commendation of the Design Review Committee. Recommendation of the Parks and Recreation Commission: 1) That the City Council review the April 9, 1985 Activities Page 13 proposal submitted by the City Forester for the tree nursery, including the tree spade, in its) ThetComtission supports convenience; 2)for the acquisition of .boom buThat thekCity the Forestry Division; 3) Council refuse anyrequest to Recommendationsthe a City zoo. Resources Conservation CommissionCocil's Council' Comnission supports the City ' efforts to reach a fair and equitable franchise agreement between Iowa City and Iowa-Illinois Gas & Electric ComPade the recommend that the City resopening an gotiationss with as well as the utility company. The Commission maintains that the franchise fee is an integral part of the City's plan for an aggressive broad I y conservation program for our based energy proposed City. 2) In con3unction with the p P fee, we support a I franchise with a 5 -year re onle oil en partyla If novfee sbcan be demand by agreed upon, then we recommend that the o Iowa -Illinois city grant no franchise t Gas & Electric company. Nmbrisco, Moved by Zuber, seconded by 230, to adopt. RES. 85-91, Bk. 85, p• 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 HANDI- CAPPED ACCESSIBILITY TO THE WILLOWCREEK NEIGHBORHOOD AfCENTER. mative (Bake absent frvote room.) unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded b231,trait, t- o adopt RES. 85-92, Bk. 85, p. IZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY86 APPLICATION FOR IOWA NojeSTeaative 11TRvostle Aunanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Zuber, to adopt. RES. 85-93, Bk. 85, pp. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN EIGHTH RENEWAL OF JOHNSON AGREEMENT WEA FOR TRANSITSERVICES• Official Activities April 9, 1985 Page 14 (Baker returned.) Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor all the resolu- tion 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 ARCHITEC- TURAL FOR THE DUBUpUEAN STREET ENGINEERING PARKINGSERAMPS EXPANSION PROJECT. Council agreed to approve the resolution and contract with no contin- gency that construction would be completed by December 1985. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion 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 resolu- tion adapted. 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 resolu- tion adopted. Moved by Zuber, seconded by Baker, that the ordinance amending Chapter 4 of the Cade of Ordinances of the City of Iowa City, Iowa, by adding new Article V thereto, entitled "Self -Fueling Regula- tions," 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 regula- tions. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Official Activities April 9, 1985 Page 15 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 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 Council - members 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 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, maintain- ing, 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 i Official Activities April 9, 1985 Page 16 the differences in the proposed ordinance and the present.. The Mayor declared the motion to defer carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Dickson, to adjourn 9:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. For a more detailed & complete description of Council Activities & i Disbursements, see Off a City ,C1er and Finance Department. '11 b s/JOH CDONAL MAYOR s/MAR A KA R,� CLERK Submitted for publication on 4/18/85 COMPLETE DESCRIAPpTrION 9 F COUNCIL ACTIVITIES Iowa City Council, reg. mtg., 4/9/85, 7:30 p.m. at the Civic Center. ErdahlMc McDonald, CZuberlmemAbseners t: none t. Nnb Staffinembers present: Berlin, Melling, Jansen, Karr, Milkman, Schmadeke, Farmer, Davidson, Zehr. on Tape 85-C2B, Side 1, 254 -End and Side 2, Council minutes tape recorded 1 -End and 85-C341 Side 1, 1 -End and Side 2, 1-75. to 198, RESOLUTIONdOF1COMMENDATIONyAmbrisco,FOR RUTH WALTERStlopn 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 Grove of Supervisors, noted the cooperation between the City and County on this sale and presented presented a check for $200,000 to the City for Elm Grove Park. The Mayor the signed deed for the property to Langenberg. Mayor McDonald proclaimed April 14-20, 1985 as Medical Laboratory Week; Aril 198E;Child; Apri1as ai 1Housin985 as A Taste ofpIowa City weekril 8-14 . Week of the Young The Mayor noted the add Strait fsecondethe duby Ambrisco, that the followinor license for The Vine to theg Consent Calendar. Moved by items and recommendations in the Consent Calendar be received, or app and /or adopted as amended: s of the regular meeting of Approval of Official Council action correction 3/12/5 and the reccoial meeting d ti g o City /86 Clerk as published, subject to Minutes of Boards and Commissions: P&Z Comm. - 3/7/85; Committee on parksS. Needs 3/19/85- Mayor's Employment2r RreatinComn. 3/13/89. Human Com-25/85;AiportComn. ?% Review 'Comm.3/835 ntrte Hc Comn - E/19/85Cha Charter Urban Environment Ad Comm. -12/5 3/6/85; Adjustment, - S Review Cd2udof Conservation ngAppealsB-2/1/85 Resources 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 Street. Approving 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 toesigneaninance applicationtfor subject to audit. Authorizing the City ng r. of highway right-of-way for utilities accommodation to Northwestern 1 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-I111nois Gas & Electric Co. for thegCity 218 South (Riverside Drive) and Ernest street. righthoof-waygfor utili- Engr. to sign an application for use of highway 9 6 and ties accommodation to Iowa -Illinois Gas & Electric Co. for Highway Council Activities April 9, 1985 Page 2 alley west off Valley Avenue. Granting permission to River City Balloonists Association to use a portion of City Park for launching hot air balloons. Resolutions: RES. 85-76, Bk. 85, p. 200, ADOPTING SUPPLEMENT NUMBER 23 to the Code of Ordinances of the City of Iowa City, Iowa. RES. 85-77, Bk. 85, p. 201, AUTHORIZING THE POLICE DEPARTMENT TO HOLD AN ABANDONED BICYCLE SALE Sunday, 4/28/85, in Chauncey Swan Parking Lot. Setting public hearings: RES. 85-78, BK. 85, p. 202, TO SET PUBLIC HEARING FOR 4/2AND ESTIMATE OF COST3/85 FOR THE CONSTON RUCTIONOFATHE NMELROSEE C URTFM OFCONTRACT IMPROVEMENTS PROJECT. RES. 85-79, Bk. 85, p. 203, TO SET PUBLIC HEARING FOR 5/21/85 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. Mr. b Mrs. Wm. Eginton regarding Urban Environment Policies and requesting the area bounded by Ferson'Richards and Highway 6 be designated an environmentally sensitive area, referred to PPD Dept, for reply. Chamber of Commerce regarding the additional levels for the Dubuque Street Ramp. Letter and petition from the Downtown Association regarding the additional levels for the Dubuque Street Ramp. Chamber of Conmerce expressing thanks for the cooperation of the City staff and the Planning and Zoning Commission in deliberations an the Sign Ordinance. Kathleen Janz regarding support for the local chapter of the American Red Cross. Letters regarding the proposed rezoning of the Melrose Lake area from: William Meardon, John Hayek, Terence and Glenys Williams, Dr. 8 Mrs. Donald Klotz, Geraldine Busse. Chairperson of the Bd. of Supervisors expressing support for the Headstart School. Letters of resignation from: Bob Singerman, Resources Conservation Commission; David Levy, Resources Conservation Commission; Diana Lewis, Riverfront Commission; Anne Swedish -Moses, Riverfront Commission. Memo from the Traffic Engr. regarding: Time limit of parking meters in the 300 block of Iowa Avenue; Parking on the north side of the 100 block of East Lafayette Street. Memo from the Civil Service Commission submitting certified lists of applicants for the following pooCity Clerk, Maintenance Operator - Parking; SeniorTransit;sMaintenance ClerWorkesMaintenance Landfill; Radio Dispatcher - Police. Applications for Use of Streets and Public Grounds: Heidi McNeil to have the First Annual Race Judicata on 4/13/85, approved. Janet Lyness to picket in front of the Enna Goldman Clinic on 4/6/85, from 9:00 a.m. to 5:00 p.m., approved. Kathleen Steve to sell Girl Scout cookies on Blackhawk Minipark on 3/16/85, approved. Iowa City Striders Running Club to have a St. Run Shetler to have Pat prayer ou vigil for 1 on3/13%85,�p3/20/85, 3/27/85, 4/3/85, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The MayofromrthecConsenthCalendar andrinserted as requested 20C, Recommendation bofdBoards 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 stated that Council in effect could waive the requirements of the rezoning procedure when the rezoning request was reconsidered. Moved by Dickson, seconded by Ambrisco, to substitute the ordinance distributed this evening for the agenda item and to defer the rezoning application and consideration on the western parcel. The Mayor declared the motion carried, 6/0, with Strait abstaining. Honohan requested the ordinance be passed and adopted that evening due to Council not meeting the last week in March. Baker stated he was not in favor of waiving all three readings this evening. Erdahl reported on the Rules Committee interpretation regarding extraordinary majority votes required. The opinion of the Committee was when a member abstains for reason of conflict of interest that the extraordinary majority should be calculated based on the remaining voting members. Based on the number of Councilmembers voting on this matter, 5 out of 6 would constitute an extraordinary majority. The Rules Committee interpretation was sent to the League of Municipalities and the City Attorney for review. City Atty. Jansen stated he and the counsel for the League had reviewed the interpreta- tion and that he had no strong opposition to what the Rules Committee was saying on legal grounds. He stated the Iowa Code states three-fourths of members of Council but the question is whether it means the member of Council as an entire body or as a quorum present at the meeting. He further recom- mended the policy be adopted as part of the rules of Council. Councilmember Strait explained his abstention on the rezoning due to his faculty status at the Law School and the fact that the Iowa Law School Foundation is involved as part owner of the parcel to be rezoned. Erdahl pointed out that the policy suggests a Councilmember abstaining for conflict of interest, if possible, state the reason. Moved by Erdahl, seconded by Strait, to etablish a new rule of Council and allow Council to vote upon that rule before completing a vote on the rezoning matter before them. Council questioned the City Attorney re the item not being listed on the agenda. The City Attorney stated this was an internal rule and as a legislative body Council has the right to set up governing rules. It was his opinion that items listed on the agenda go to the question of public policy issues. Baker stated he agreed with the proposed change but did not agree on the way Council was changing it by voting on it this evening and would therefore be voting against it. The Mayor declared the motion to establish a new rule of Council carried, 6/1, Baker voting "no." Moved by Ambrisco, seconded by Erdahl, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be sus- pended, the first and second consideration and vote be waived and that ORD. 85-3230, Bk. 25, pp. 79-81, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY AT THE SOUTHERN IOWA CITY CITY LIMITS BETWEEN THE IZAAK WALTON LEAGUE PROPERTY TO THE EAST AND THE WEST LINE OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. TO THE WEST FROM I-1 TO 1-2, be voted an for final passage at this time. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Ambrisco, Dickson, Erdahl, McDonald, Zuber. Nays: Baker. Abstaining: Strait. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 5/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Zuber, Ambrisco. Nays: Baker. Abstaining: Strait. Council Activities April 9, 1985 Page 5 Moved by Ambrisco, seconded by Strait, that the ordinance to rezone property in the southwest quarter of the northeast quarter of the northwest quarter of Section 16 in Township 79 North, Range 6 West of the Fifth Principal Meridian (aka Neuzil property) from RM -12 to RS -8, be given second vote for passage. The Mayor declared the motion carried, 6/1, with the 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 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 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 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 i 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 citWillow Creek park. Themcity Managerlssttated involving ase removal of a bush at 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 onsBuildinstent as proposed by the Small -Mears Building Company pProved 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 o ptoaram 0 -fear or ouraCity. with la conjunction with the proposed fee, we supp 10-ybe ear re-opener then we recilable ommend othatmmtheand bcity grant no If nfranchisecan 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 e at OF ACTIONS OF RS COMMISSION, 11vooenanimous, 7/0, all Coun cilmem histimeAffirmativerollbers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Strait, 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. Council Activities April 9, 1985 Page 10 Moved by Erdahl, seconded by Strait, to defer consideration of two ordinances: 1) an ordinance granting to Iowa -Illinois Gas 8 Electric Company, it successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system for a period of twenty-five years and to furnish and sell electric energy to• said City and its inhabitants and 2) an ordinance granting to Iowa -Illinois Gas 8 Electric Company, it successors and assigns, for a period of twenty-five years the right and franchise to acquire, erect, maintain and operate in the City of Iowa City, a gas plant or plants for the production, storage, transmission, distribution, sale, delivery or furnishing of gas for public and private use in the City of Iowa City and elsewhere and to use the streets, avenues, alleys and public grounds and bridges in the City of Iowa City for the purpose of laying, constructing, maintaining, replacing and substituting mains, pipes, conduits, and other facilities for the transmission, distribution, sale, delivery or furnishings of gas for public and private use in the City of Iowa city and elsewhere. The Mayor noted Council discussion at informal session regarding the differences in the proposed ordinance and the present. He stated that the proposed ordinance appeared to be less restrictive and that Council intention was never to make it less restrictive. The Mayor declared the motion to defer carried unani- mously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Dickson, to adjourn 9:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES April 23, 1985 Iowa City Council, reg. mtg., 4/23/85, at 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: AmbrisCO, Baker, Erdahl (8:05), McDonald, Strait, Zuber. Absent: Dickson. Staffinembers: Berlin, Helling, Jansen, Karr, DeMarce, Gannon, Holderness, McElroy, Cain, Franklin. Council minutes taped recorded on Tape 85-C34, Side 2, 75 -End; 85-C37, Side 1, 1-200. Mayor McDonald presented the Mayor's Youth Employment Program Annual Awards. Outstanding Enrollee Category: Sabrina Denburg, Solon, Comnunity Education Center student, VA Medical Center; Jaci Allensworth, worksite supervisor. John Harris, Iowa City, Community Education Center student, VA Medical Center; Phil Bream, worksite supervisor. Honorable Mention with Distinction: Vonda Redmon, Iowa City, City High student, HACAP Daycare Center; Linda Schlaback, worksite supervisor. Scott Chiavetta, Coralville, Clear Creek student, University of Iowa Conduit; Pete Trotter, worksite supervisor. Kendee Spire, Iowa City, West High student, University of Iowa Hospital -Dietary Dept.; Ellen Hemesath, worksite supervisor. Outstanding Worksite Supervisors: Jaci Allensworth, VA Medical Center, Sabrina Denburg, student enrollee. Bob Vanderbeek, Mark IV Community Center, Tami Hogan, student enrollee. Outstanding School Referral: Linda Lawrence, Behavioral Learning Center Teacher, Community Education Center. Mayor McDonald proclaimed April 21-27, 1985 as Youth Employment Week; April 22-26, 1985 as Volunteer Week; April 26, 1985 as Arbor Day; May 1-7, 1985 as ChaunceyRSwanct for Law Week, Day; April 28 th uaMay 41 19855 ass Nurses' Week; a 1985 as Private PropertyWeek Moved by Ambrisco, recommendations in the adopted as presented: of Official Council Actions of the regular meeting of published, subject to correction, and as recommended by the seconded by Zuber, that the following items and Consent Calendar be received, or approved, and/or Approval 4/9/85, as City Clerk. Minutes of Boards and Commissions: tion Advisory Comm. - 2/6/85, 3/11/85, 3/26/85; Housing Appeals Bd. - 3/12/85; Adjustment - 3/13/85. City Attorney Review and Selec- 4/3/85; Civil Service Comm. - Airport Comm. - 3/21/85; Bd. of Permit Motions and Resolutions: Approving Class C Liquor Small Enterprises Ltd. dba Billaro's Bar, 1210 Highland Court. Class C Beer Permit and Sunday Sales for Thomas E. Harris Discount, 71 Commercial Drive. Approving Class C Beer Permit Sales for Stephen P. Lenoch dba Leo's Standard Service, 130 RES. 85-97, Bk. 85, p. 246, ISSUING CIGARETTE PERMIT. License for Approving dba Harris and Sunday N. Dubuque Council Activities April 23, 1985 Page 2 Motions: Approving disbursements in the amount of $2,081,393.67 for the period of 3/1 through 3/31, 1985, as recommended by the Finance Director, subject to audit. Authorizing the City Engr. to sign an application to perform work within state highway right-of-way along Highway H6 Bypass just east of Sturgis Corner Drive. Setting public hearings: RES. 85-98, Bk. 85, p. 247, SETTING PUBLIC HEARING FOR 5/7/85, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CLINTON STREET IMPROVEMENTS PROJECT - Washington to Iowa Avenue. To set a public hearing for senior citizen housing for 5/7/85, on a resolution authorizing execution of a site option agreement for sale of property generally located approximate- ly 120 feet in depth from the east line of Gilbert Street and immediately south of Washington Street to the bus depot building. To set a public hearing for 5/7/85 on an ordinance to rezone from Public (P) to Central Business Zone (CB -2) property generally located immediately south of Washington Street to the bus depot building and approximately 120 feet in depth from the east line of Gilbert Street for senior citizen housing. Correspondence: Louise F. Eichler re regulations for lawn service companies, City Mgr. will reply. Emma Jean Williams re rezoning property in the Melrose Lake area. Joyce and John Sales re the downzoning of property at 909 and 919 Burlington Street. Debbie Hoopes and Jan Warne requesting that the Council reconsider the limitation of the number of vending carts on City Plaza, City Mgr. will reply. Margaret Leahey Bruns with attached petition signed by 49 neighbors requesting that a cotton- wood tree at 48 Penfro Drive be saved. Jon and Pat Meskimen requesting that the ordinance which bans cottonwood trees be enforced at 48 Penfro Drive. Resignation from the Airport Commission from A. Russell Schmeiser. Resignation from the Mayor's Youth Employment Board from Mark Weaver. Memo from the Traffic Engr. regarding: parking in the 300 block of East Lafayette Street; Handicapped parking stall - east side of 300 S. Clinton Street. Applications for Use of Streets and Public Grounds: Norma Roy to have a Parent -Child Walk -a -than on 5/4/85, approved. Brad Pouleson to shoot a film in the downtown area on 4/10 and 4/11/85, approved. Paul Natvig of the Riverfest Commission to have the Sixth Annual River Run on 4/27/85, approved. Karen Kubby for the use of Blackhawk Minipark on 5/1/85, for a May Day Celebration, approved. Marnetta Shetler for the use of sidewalks for a silent prayer vigil for peace in Central America on 4/10, 4/17, 4/24/85, approved. Kathryn Nelson to have a Walk for the World on 5/4/85, approved. Applications for City Plaza Use Permits: Preucil School of Music to have a performance on City Plaza on 5/3/85, approved. Downtown Associa- tion for the use of City Plaza on 4/24 thru 4/27/85 for a special event, "Spring Excitement," approved. Bonnie Strait for the use of City Plaza on 4/22/85 for the Volunteer Recognition Event, approved. Affirmative roll call vote unanimous, 5/0, Dickson, Erdahl absent. The Mayor declared the motion carried and repeated the public hearings as set. Council Activities April 23, 1985 Page 3 A public hearing was held on the Iowa City Zoning Ordinance and Map. Bruce Glasgow, 834 N. Johnson, appeared opposing the proposed rezoning on the north side of Iowa City and questioned why property owners were not notified. Staffinember Franklin present for discussion. Moved by Ambrisco, seconded by Strait, to accept as part of the public hearing the letters from Atty. Charles Barker, rep. Charles Ruppert, West Side Co., and Bryn Mawr Heights; Atty. William Meardon; and Bruce Glasgow. The Mayor declared the motion carried unanimously, 5/0, Erdahl and Dickson absent. A public hearing was held on an ordinance to change the name of Highlander Drive to Northgate Drive. No one appeared. Councilmember Strait noted the change was necessary to avoid confusion with a similarly named street. Moved by Ambrisco, seconded by Zuber, to adopt RES. 85-99, Bk. 85, p. 248, TO RESCIND THE DEVELOPMENT POLICY FOR EAST AND NORTHEAST IOWA CITY. Councilmember Erdahl arrived. The Mayor summarized previous Council discus- sions re lifting of the moratorium by May 1 of 1985 and narrowing down to 3 the 13 proposed alternatives for the wastewater treatment plant. He stated that Metcalf & Eddy, the City's engineering firm, is doing a detailed analysis for the final 3 alternatives and should be back to Council by June. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. A public hearing was held on proposed sale and conveyance of Urban Renewal Parcel 65-2b for private redevelopment. No one appeared. A public hearing was held on plans, specifications, form of contract and cost estimate for the Melrose Court Improvements Project. A resident of Melrose Ct. appeared raising concerns that the improvements could increase the use of the street and make the safety conditions worse. Mark Wolraich, 410 Melrose Ct., questioned if the improvements would keep residents out of their driveways. Dan Holderness, staff engr., replied that construction would be done one side at a time and residents would be inconvenienced two days at the most. Helen Brom, 409 Melrose Ct., requested the street be closed during construction. Holderness stated signs would be posted for local traffic only. The Mayor requested the situation be monitored after completion of the project for possible neighborhood safety concerns. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-100, Bk. 85, p. 249, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE MELROSE COURT IMPROVEMENTS PROJECT AND AUTHORIZING BIDS TO BE RECEIVED 5/14/85. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Debbie Hoopes, Cedar Rapids, appeared and requested Council consider raising the limit on the number of vending carts in the City Plaza. The Mayor stated the matter had been discussed during informal Council session the previous evening and majority of Council agreed to the present limita- tion. The City Manager encouraged Ms. Hoopes to apply for a permit next year. Pat Meskimen, 47 Penfro Drive, appeared re item 4f(6) on the agenda, Council Activities April 23, 1985 Page 4 removal of a cottonwood tree at 48 Penfro. The Mayor stated the matter is scheduled for discussion at the informal Council session of 4/30 and the City Forester will be present. The Mayor announced the following vacancies: Airport Comm. - one vacancy for an unexpired term ending 3/1/88; Mayor's Youth Employment Bd. - one vacancy for an unexpired term ending 5/5/87. These appointments will be made at the 6/4/85 meeting of the City Council. Councilmember Baker noted he had received two notices re his property being rezoned on the northside, unlike Mr. Glasgow who had not received notification. Councilmember Ambrisco noted the resignation of Airport Commission member Russell Schmeiser and commended and thanked him for his work. Ambrisco referenced letter from Anne Burnside, Human Rights Commission chair, to state legislators, supporting HF56 authorizing Cities to establish a higher fine for parking in handicapped stalls. Ambrisco congratulated secretaries on National Secretaries Week. Moved by Zuber, seconded by Strait, to adopt RES. 85-101, Bk. 85, p. 250, TO PUBLISH A REQUEST FOR PUBLIC HEARING NOTICE REGARDING THE CITY OF IOWA CITY'S FY85 UMTA SECTION 9 TRANSIT OPERATING ASSISTANCE GRANT APPLICATION. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Erdahl, to adopt RES. 85-102, Bk. 85, pp. 251-252, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT OPERATING ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Zuber, to adopt RES. 85-103, Bk. 85, p. 253, ESTABLISHING A COMMITMENT TO PROVIDE FINANCIAL SUPPORT TO THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-104, Bk. 85, pp. 254-255, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE JOHNSON COUNTY CITIZEN'S COMMITTEE FOR THE HANDICAPPED TO PREPARE AND PUBLISH AN ACCESSIBILITY GUIDE FOR THE IOWA CITY-CORALVILLE AREA. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Zuber, to adopt RES. 85-105, Bk. 85, pp. 256-257, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY MAUDE WALSH. Affirma- tive roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Council Activities April 23, 1985 Page 5 Moved by Ambrisco, seconded by Erdahl, to adopt RES. 85-106, 8k. 85, pp. 258-259, DESIGNATING THE SMALL-MEARS BUILDING COMPANY AS PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL 65-2b IN DOWNTOWN IOWA CITY. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Erdahl, that the ordinance amending Section 31-10 of the Code of Ordinances of the City of Iowa City to designate the location within the City where certain surface materials within the street right-of-way area prohibited, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion adopted. Chapter New 4 of the Code Moved by Luber, seconded by Ambrisco, that the ordinance amendiaddinof Ordinances of the City of Iowa City, Iowa, by 9 Code, -Fueling entitled "Self -Fueling Regulations," be given second vote Article V the for passage. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion adopted. Moved by Luber, seconded by Ambrisco, to adjourn 8:35 p.m. The Mayor declared the motion carried unanimously, 61/0, Dickson absent. ^ %%1n� J �i on n / MALIAN K. KARR, CITY CLERK Informal Council Discussion April 16, 1985 Informal Council Discussion: April 16, 1985, at 6:35 p.m, in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Zuber, Ambrisco, Strait, Dickson, Erdahl, Baker. Staff Present: Berlin, Helling, Karr, Jansen, Schmadeke, Schmeiser. Tap rem: Reel 85-C33, Side 1, 261 -End, Side 2, all; Reel 85-C35, Side all WASTEWATER FACILITIES PLAN OPTIONS: Reel 85-C33, Side 1 Lawrence Jaworski, Metcalf & Eddy project manager, reviewed the Phase II report of the wastewater facilities and described the four alternatives (2, 6, 8, 11). Jaworski said all four alternatives have a significant amount of treatment remaining at the existing plant; alternative 02 has a beginning of a new plant in the south part of Iowa City and an interceptor sewer system; alternative 06 has a third treatment facility located near Snider Creek; alternative 08 will have all treatment remaining at the existing site and will have a combination of gravity sewers and pump stations with force mains; and alternative 011 is similar to alternative 02 but differs in how waste- water flows are brought from the southeast area to the proposed treatment plant in the south part of town. Jaworski reviewed page 62, Table 8-1 Summary of Costs, of the Metcalf & Eddy Wastewater Plan - Alternative Study Phase II. Zuber inquired about the use of 5% and 7% inflation and discount figures used in the report. Jaworski explained the 5% inflation rate was used to show how the construction cost indices were going to increase over the time period from now until 1990 and the 5400 ENR number reflects the 5% per year. A 7% discount rate was used to bring operating and maintenance expenditures back to present worth. Zuber asked what the interest rate will be in terms of making the investment today, how much will the City earn on the total fund, and what is the composition of the ENR. Zuber said the Phase III report should be written with explanations in laymen's terms. In reference to the Summary of Costs chart, Jaworski said the total present worth cost of an alternative is studied to insure the City will not build something less expensive that may result in significant expenditures in operation and maintenance monies over the 20 year period of the facility. Jaworski reviewed the Summary Table, page 68 of the Metcalf & Eddy Wastewater Plan - Alternatives Study Phase II. Ambrisco inquired about a Class A designation to the Iowa River. Jaworski said he didn't believe the Depart- ment of Water, Air and Waste Management will change the discharge standards and the effluent that would be discharged by any of the alternatives will meet the permit requirements. Alternatives 2 and 11 are best able to respond to changes of effluent standards because of the treatment processes they incorporate. In response to questions from Strait, Jaworski said Alternative 11 does include a force main and the current standard of 30 milligrams of biological oxygen demand and 30 milligrams of suspended. solids is appropriate for the Iowa River now. In reference to the Summary Table, Jaworski summa- rized the overall rankings: alternative 06 lowest ranking followed by 08, 02, and 011, in terms of the rankings. INFORMAL COUNCIL DISCUSSION APRIL 16, 1905 PAGE 2 Zuber stated he would like to see projections with alternate series of discount rates and said the City could earn a significant amount of money on bond interest. Jaworski said the bonds will be used to finance construction costs and money will be earned only during the two to three year construction period. McDonald inquired about the mechanical reliability of the proposed treatment I process. Jaworski said the trickling filter process and activated sludge process are reliable and all four alternatives accomplish the technical goals that were established, including making sure Iowa City is in compliance with a permit issued by the Department of Water, Air and Waste Management. Iowa City has the trickling filter system and it can be utilized. Baker inquired about new technology in sewer treatment and innovative and alternative i technologies. Jaworski stated all the alternatives will utilize the methane gas that is generated in the digestion process that is at the existing plant and is termed an alternative treatment process. Jaworski said, "innovative j! and alternative" is a phrase developed by the EPA as part of a grants process and the EPA encouraged communities to use innovative and alternative proc- esses by giving bonuses. An innovative process is a process that is newly developed and untested and the EPA will pay the community 100% of the cost if the process fails. Alternative processes are processes that are proven j technologies in which the EPA will give money for the construction phase of the process. Jaworski said Iowa City will probably not receive grant funding any sooner than 1990 and therefore will not receive grant money for innova- tive processes. Ambrisco inquired about cutting a 40 foot ditch for the transportation system. Jaworski said the first report considered a new facility further I south of Iowa City and to install a sewer along natural contours. If Iowa City chooses not to move a plant further south, some deeper sewers will need to be constructed. Jaworski noted that alternative #11 has a pump station and will not need as many deep sewers. Ambrisco raised concerns about safety for sewer plant employees. i In response to questions from Baker, Jaworski said once an alternative is chosen, the method of treatment will remain the same for the life of the iplant and 15% is an appropriate amount for administrative, legal, and engineering costs. Jaworski explained that Metcalf & Eddy is trying to make a reasonable estimate of costs of the project as a whole. McDonald inquired about the sewer capacity for future growth in Iowa City. ! Jaworski explained all four alternatives provide sufficient wastewater collection and treatment capacity for the growth of Iowa City for 20 years into the future and a new plant south of Iowa City will allow for future expansion. In response to questions from Council members, Jaworski explained the existing plant will be used in conjunction with any of the alternatives; pump stations are inherently less reliable than gravity; with forethought to the design, the existing treatment plant can be expanded; the collection system can be expanded if it is sized for future expansion; and pumps and motors have a 12-15 year life. r /d' INFORMAL COUNCIL DISCUSSION APRIL 16, 1985 PAGE 3 Berlin stated that Metcalf & Eddy will complete their final report in May or June and a new timetable will be developed. In response to Strait, Berlin said Arthur Young Company will present a financial workshop to the City and Metcalf & Eddy prior to the final report. In response to Baker, Harry Boren stated the operating costs of the existing facility is an estimated E1 million. In reference to alternatives A8 and tll, Erdahl said comparison of margins and what is salvageable for future use needs to be addressed. Input was received from Dick Gibson. Gibson said alternatives A8 and N6 could be eliminated. In response to Erdahl, Jaworski said the sewer technology will not change drastically in the next 20 years. Schmadeke said that if the City stays at the existing site, additional land south of Iowa City should be secured for future expansion. Berlin noted a letter was received from Noel Willis, alternatives N2 and M11 should be continued to be studied, and flexibility is important. Jaworski stated Metcalf & Eddy will give a constructability evaluation and financial evalua- tion in Phase III and Metcalf & Eddy is under contract to evaluate three alternatives. Council directed Metcalf & Eddy to continue studying alternatives !2, R8, and f11. ECUMENICAL HOUSING CORPORATION - SECTION 202 HOUSING ON U SMASH 'M SITE: Ree 85-C35, ide 1 Dr. W.P. Morris, President of Ecumenical Housing Corporation, appeared and read a letter requesting Council consideration of an elderly housing project in U Smash 'Em and a portion of Chauncey Swan. McDonald explained a $2.7 million HUD grant is available to help fund an ecumenical housing project; the grant application deadline is May 15; and Ecumenical Housing Corporation needs a commitment from Iowa City to allow construction of the project on the U Smash 'Em lot and in Chauncey Swan park area. In response to Berlin, Morris stated HUD requires a commitment of an option to buy or other legal document saying the site is available. Council raised concerns about the design of the project, the impact on congregate housing and parking. Morris explained HUD said Ecumenical Housing and Congregate Housing cannot be combined and the housing grant money can only be used for housing for well, independent elderly persons. Also, Ecumenical Housing is tentatively planning to build a ten -story, 75 unit building. HUD has specified the building must be a cost containment design. Berlin inquired about the City's legal commitment for the site. Jansen stated the City would have a contract for sale, with the price and a contin- gency stating that if Ecumenical Housing Corporation did not get the grant, they would not be obligated to purchase the property; an option can be given but a public hearing is needed for a contract for sale; the option should include a dollar value; the option would be contingent upon a public hearing; and encumbrances on the land need to be considered. Berlin said the City should contact HUD. Berlin stated that the City may not be able to set a lower price on the land due to parking bond obligations and the City will study alternatives to assist Ecumenical Housing. Z /� INFORMAL COUNCIL DISCUSSION APRIL 16, 1985 PAGE 4 Morris explained that Iowa City amended the Housing Assistance Plan, January 1985, to state that goals for assisted housing for elderly was 18 units for the elderly and new construction for the elderly is limited to 45 units. HUD's economic marketing analysis division said the Housing Assistance Plan needs to be amended to reflect current needs. Council agreed to study the proposed selling of the site to Ecumenical Housing Corporation. Berlin said a staff person and someone from the City's Legal Department will work with Dr. Morris and contact HUD. COUNCIL TIME: 1. McDonald said the Resource Conservation Commission has requested that the gas and electric discussion be rescheduled from April 30 to May 14. 2. In response to Baker, Berlin said Schmadeke will obtain more information about the Department of Water, Air and Waste Management/Iowa River designation. 3. At the request by Dickson, Councilmembers agreed to reschedule the final reading of the Melrose rezoning from April 23 to May 7. 4. Karr asked which Councilmembers will be attending the hydraulic demon- stration. McDonald stated Councilmembers should contact Karr about their attendance of the demonstration. 5. Karr requested Councilmembers bring their code books to the City Clerk's office for supplements and updating. EXECUTIVE SESSION: Moved by Dickson, seconded by Erdahl, to adjourn to executive session under Section 28A.5.j Real Estate, to discuss the purchase of a particular real estate only where premature disclosure would be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape-recording of the session closed under this paragraph shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to Executive Session at 8:40 p.m. Informal Council Discussion April 22, 1985 Council Discussion: April 22, 1985, at 6:30 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Baker, Strait, Zuber, Ambrisco, Dickson (6:35 P.M.). Erdahl (6:40 p.m.). Staff Present: Berlin, Helling, Karr, Smith, Jansen, DeMarce, Franklin, Hoard, Boothroy, Farmer, Cain, Holderness. Tp!-recorded: Reel 85-C35, Side 2, all; Reel 85-C36, Side 1, all, Side 2, i' a PLANNING AND ZONING: Reel 85-C35, Side 2 5a. Public Hearing/Iowa City Zoning Ordinance and Mao: Franklin explained only the changes being proposed by the Planning and Zoning Commission. One of the amendments reduces the number of roomers permissible in single-family dwellings from three to two and two to one in duplexes in the RS -12 zone and three to two for all dwellings in the i RM -12 zone. McDonald raised concerns that by reducing the number of roomers in the RM -12 zone it will eliminate potential inexpensive housing for students and impact on elderly people that use roomers to supplement their income. In response to McDonald, Franklin said if Council disagrees with the Planning and Zoning Commission recommenda- tions, the Council will need to consult with the Planning and Zoning Commission. If the Council suggests another change that was not previously considered, the change should be referred to the Planning and Zoning Commission for review at a formal meeting. Franklin said the Planning and Zoning Commission felt the Council should not have kept the same number of roomers permissible in those zones and it should be decreased. McDonald stated Council made the changes in 1983 without referring them back to the Planning and Zoning Commission. Strait inquired about the legal problems if amendments were accepted by the Council now. Jansen explained there would be no problem if the ordi- nance is passed as is and amended at a later date on a single amendment basis. In response to questions from Baker, Franklin said if any changes are made from the recommendation, the Council will need to consult with the Planning and Zoning Commission and no formal vote or recommendations were made by the Environmental Ad Hoc Committee. Berlin stated the staff had encouraged Planning and Zoning Commission to recommend the ordinance as it was originally passed. Jansen stated that after a Council consultation with the Planning and Zoning Comnission, and as a result of that consultation, the Council prefers to not change the permitted roomers amendment, ideally, the Planning and Zoning Commission should vote on that specific item again. Council agreed to consult with the Planning and Zoning Commission about all of the recommended amendments to the Iowa City Zoning Ordinance and Map. Staff will schedule the matter for April 30. In response to questions from Strait, Franklin said access to the area north of Shimek School is Foster Road between Dubuque Street and Prairie du Chien; the area is located east of Dubuque Street, south of I-80 and west of Prairie du Chien; and the Planning and Zoning Commission wants the recommended zoning of the Harlocke/Weeber Street area to be included on the map to be consistent with their previous recommendations. In response to Strait, Jansen said if, after the public hearing and over an objection, the Council passes the Planning and Zoning recommenda- tions, the City has not prejudiced itself. If, because of objections raised over particular tracts of property changes are made, it should be referred back to the Planning and Zoning Commission. Franklin stated that the most expeditious way to adopt the ordinance was to adopt it with all the changes recommended by the Commission, that if the amendments were not accepted the Council would need to consult with Planning and Zoning but if new changes were proposed by the Council, the Commission would have to formally consider those change. McDonald suggested scheduling a discussion with the Planning and Zoning Commission during the April 30th informal Council meeting. Franklin said a public hearing on April 23rd will be on the ordinance as amended by the Planning and Zoning Commission. 5b. Public Hearing/Ordinance to Change the Name of Highlander Drive to No discussion. 5c. Resolution to Rescind the Development Poli Franklin explained that the Council passed a policy to rescind the moratorium no later than May 1, 1985. In response to Baker, Franklin said a preliminary permit expires in 18 months and the final plat has no deadline for development. Baker asked if someone gets a preliminary plat approved for a subdivision after May 1st and if a minimum open space ordinance is passed, is that person bound by open space require- ments when that person applies for a final plat approval. Jansen said he would need to do research before an answer can be given. Ambrisco raised concerns about the impact on the sewage treatment plant capacity. McDonald said there hasn't been any recent change in the sewage treatment plant capacity, there is a question about the authority to impose a moratorium on sections of town without imposing the morato- rium city-wide, and the Council indicated to developers that the moratorium would be rescinded by May 1st. Erdahl and McDonald noted that manhole and water seepage work will help this sewage treatment capacity. Jansen stated the resolution that Council will adopt will become effective tomorrow night with the passage of that resolution. Correspondence/909-919 Burlington Street, Ambrisco inquired about the handwritten correspondence received from Joyce and John Sales objecting to the downzoning of the property at 909-919 Burlington Street. Franklin explained their property was downzoned when the College Hill area was rezoned and they object every time the rezoning of property is considered. HOUSING INSPECTION OPERATING POLICY: Reel 85-C35, Side 2 Boothroy explained that current rental housing inspection policy is that the City inspect the owner -occupied unit as well as the rental portion of the duplex while owner -occupied condominiums are exempt from inspection. Due to prior legal decisions and because hazards may exist in owner -occupied units as well as rental unit, Boothroy recommended a two-tier inspection process in which owner -occupied units be required to meet health and safety standards and rental units be required to meet all existing housing code requirements. Boothroy suggested that an inspection fee should not be charged for the owner -occupied portion. In response to questions from Strait, Boothroy said enforcement and inspection work will increase; and a unit is determined to be owner -occupied if a homestead exemption has been filed. In response to Baker, Boothroy explained that the City would inspect all condominiums within a building if there are rental units along with owner -occupied units in that building.. Dean Thornberry inquired about the requirements for the owner -occupied unit. Boothroy explained that the owner -occupied portions would not be charged the $4.00 fee. Hoard explained that the Housing Inspection Division is within six months of completing all one-time certificate of structural compliance inspections. Maintenance inspections are tied to the rent permits which are renewed every two, three or four years. Council agreed with the amendments to the Housing Code as discussed and referred the amendments to the Housing Commission for consideration. MELROSE COURT AND CLINTON STREET PROJECTS: Reel 85-C36, Side 1 Farmer explained the Melrose Court project will replace all sidewalks on the west side and replace sidewalks on the east side from Brookland Park Place on south, include new curb and five foot sidewalks on the west side. Farmer said all easements are in order. In response to Strait, Farmer said there are no problems with the retaining wall located on the northwest corner of Melrose Court and Melrose Avenue and enough room exists for a sidewalk. The Melrose Court project will begin June 1st and should be completed by July 15th. Farmer stated the Clinton Street project was reviewed by the Design Review Committee. The project is designed to maintain a four -lane facility with the bus lane on the west side and parking on the east side. The east side of the street will be narrowed by two feet and trash receptacles, new lights and a tree will be added. Farmer and Berlin stated the Design Review Committee was concerned about street widening, gravel on the west side, and the configura- tion of the east side. Berlin stated that staff does not advocate retaining T- /9 a consultant to redesign the east side of Clinton Street. Baker said the Design Review Committee discussed brick crosswalks. Berlin said there have been maintenance, repair, and reconstruction problems with brick crossings. Farmer said the public hearing will be set at the April 23rd formal Council i meeting, the Clinton Street project will be bid in three weeks, construction will start the first week of July, and should be completed by the middle of August. Farmer said property owners are encouraged to install four inch j water mains during the construction period to enable installation of sprinkler system if desired at a later date. COUNCIL TIME: Reel 85-C36, Side 1 1. Strait inquired about the Church Street brick repair. Farmer said repairs are being made with brick. Berlin stated it is City policy that if work is done on a brick street, the street is repaired with brick. CITY REGULATION OF USE OF IOWA RIVER: Reel 85-C36, Side 1 i Cain said the Riverfront Commission reaffirmed their original recommendations t to request special rules regulating the Iowa River, but amended the regula- tions to define the area where towing activities would be prohibited. They also reaffirmed the recommendation that there be no provision for special permits for events on that section of the river from the Coralville Milldam to the Burlington Street dam. Cain explained that the Conservation Commis- sion has the authority to grant special permits and it is their responsibil- ity to control river activities; in order for the City to say what the regulations are on the river, the City must request that the Conservation Commission adopt special rules that would apply to the section of the river. If the Conservation Commission does adopt those rules, the Conservation Commission would expect there be cooperative enforcement of those rules. Cain said special permits for ski shows/exhibitions are now, granted by the Conservation Commission and ICC staff said that authority cannot be delegated to the City. Cain noted that the Conservation Commission staff preferred the flexibility to grant permits for special events but that is not a Riverfront Commission recommendation for this river area. Craig Willis, Riverfront Commission chair, stated the Riverfront Commission is concerned about safety problems and the large number of people in the area bounded by the Coralville Milldam and the Burlington Street Dam. Dickson noted concerns about the fragile areas along the Iowa River. Don Clow , Coralville Ski Club Safety Director, stated the Coralville Ski Club does not exclude anyone from using the river, it sweeps the river to remove hazardous objects, their boats do not cause erosion, the Ski Club does not cause pollution or have problems with boat launchings and supports the Iowa Con- servation Commission's sovereignty over the use of the water. Bill Gilpin i asked for clarification about motor use on the river. Cain explained there is no suggested prohibition on motorboats. In response to Zuber, Cain said t the Conservation Commission has rules that apply to vessels on waterways. Craig Willis emphasized that the Iowa City Council should regulate that section of the river and not a state regulatory body. Cain stated that Iowa City's ordinance should be consistent with the rules that the Conservation Commission decides to adopt and they expect Iowa City join in the enforce- ment. Jansen said the Coralville Milldam is partially in the City of 5 Coralville and Iowa City's authority stops at their boundary. Cain said that if the Conservation Commission decided to adopt special rules for any segment of the river, the rules would be binding over the entire width regardless of what the municipal boundaries area. Cain said Coralville has been contacted and is aware that Iowa City is involved with regulating the use of the Iowa River. She added that Coralville should be formally notified when the Iowa City Council makes a decision about that rule. In response to Jansen, Cain said the Conservation Commission will perform spot check enforcement and expects Iowa City to enforce rules when there are complaints. Jansen noted Iowa City cannot cite and enforce the Iowa City ordinance in the City of Coralville. Cain explained the procedure for requesting special rules. To request special rules, the City must publish notice that special rules are being requested and write to the Iowa Conservation Commission director stating the recommended rules, giving the reasons, stating that public notice has been published and the City's willing to cooperate to enforce them. Cain said the Police Department would be enforcing the rules for the City. Berlin stated a bullhorn and not boat patrol would be used for enforcement. In response to McDonald, Cain said the special rule N1 as stated in her April 18th memo could be amended to say "...except as authorized for special events by permits from the Iowa Conservation Commission..." In response to Strait, Jansen said that once the City starts to enforce rules, that carries with it a duty to enforce them. In response to McDonald, Cain said most of the provisions in the City Code relating to activities on the river are verbatim from State Code. Ambrisco said the City should be able to permit the water show on the 4th of July. Council agreed to the rules as stated in Cain's April 18th memo with rule 91 amended as discussed and with the request that the Conservation Commission consult with the City before authorizing special permits for events on the river within Iowa City. Cain stated a resolution will be drafted to reflect the changes. REVIEW PENDING LIST: Reel 85-C36, Side 2 CLEAR CREEK DEVELOPMENT PROJECT. Discussion will be held May 21st. LEASING OF AIRPORT LAND FOR COMMERCIAL USE. Berlin stated the Airport Commission doesn't have a report from Meredith Corporation and the auto dealership proposal is on hold. CONGREGATE HOUSING DEVELOPMENT ALTERNATIVES. Will be discussed in June. HOUSING ALTERNATIVES. Berlin said staff will have information on the mortgage revenue bonds by the end of the summer and "granny -flats" has been referred to Planning and Zoning. Topic will be changed to mortgage revenue bonds. NEWSPAPER VENDING MACHINES. Berlin said Jansen is reviewing a draft on newspaper vending machines. UNRELATED ROOMERS. Remove from pending list. Z �I 6 CITY PLAZA FOUNTAIN BARRIER. Helling will check with the Engineering Department on the status of the report. COMPREHENSIVE ECONOMIC DEVELOPMENT PROGRAM. Discuss along with Clear Creek topic. HOUSING INSPECTION PROCESS AND OPERATING POLICIES. Remove from pending list. LIQUOR/BEER LICENSE SUSPENSION POLICY. Jansen said under State law the City can pass to the State the suspension of State law violations. Under State law, the local authority is given power to suspend when local ordinances are violated. Council agreed to refer State law violations to the State. Jansen said a resolution is needed. Berlin said the ordinance will need to be amended. Mayor McDonald directed legal staff to draft the required informa- tion. SEWER TAP -ON FEES AND REQUIREMENTS. Berlin said this will be discussed as part of the sewer finance report. KIRKWOOD/DODGE SIGNALIZATION AND TRAFFIC PATTERNS. Berlin said staff is doing a study on the amount of traffic. Helling said it will be discussed in September or October prior to the budget discussion. FEES FOR SIGN PERMITS. Erdahl said it is important to discuss all fee structures before the budget discussion. Fees for sign permits will be removed from the pending list and included in the discussion of all fees. COUNCIL PRE -BUDGET DISCUSSION. Scheduled for discussion in September. CORALVILLE MILLDAM PROJECT. Set for discussion in June. COUNCIL TIME: (continued) Reel 85-C36, Side 2 2. Ambrisco inquired about the Ecumenical Housing Project's impact on parking. Berlin said 18-20 parking spaces will be removed and the Ecumenical Housing Project will accelerate the time period to resolve parking problems. 3. Ambrisco inquired about the correspondence requesting that the City lift the limitation on the number of vending carts on the City Plaza. Council agreed to retain the current limit of five vendors. 4. Dickson raised concerns about the Cottonwood tree located on Penfro Drive. The matter will be scheduled for informal Council discussion on 4/30 with the City Forester present. 5. In response to Dickson, Berlin said the City does not monitor wastewater in the Iowa River and the City can ask the University or the State about University waste into the Iowa River. 6. Dickson said the attendance as stated in the February 12th Housing Appeals Board minutes needs to be amended to include Al Logan. I lI FJ 7. Berlin stated the City has received a proposal from Stanley Corporation to update the study of alternative methods of the disposal of municipal waste by generation. The City may be eligible for 50% funding from the State for the costs of that update. The estimated cost is $37,500. Council said Berlin could proceed with the application for the grant money. B. Karr stated Councilmembers should bring in their Code books for supple- ments and updates. 9. Karr introduced Doris DeMarce, Asst. Deputy and Clerk Typist. Meeting adjourned at 8:55 p.m.