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HomeMy WebLinkAbout1985-05-07 Council minutesInformal Council Discussion April 8, 1985 Informal Council Discussion: April 8, 1985, at 6:30 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Strait, Ambrisco, Baker, Dickson, Erdahl. Absent: Zuber. Staff Present: Berlin, Helling, Karr, Smith, Franklin, Milkman, Jansen, Cassady, Cain. 1 � Ta - e -recorded: Reel 85-C31, Side 2, 409 -end; 85-C32, Side 1 and Side 2, all; 8 C S de 1, 1-216. CONSENT CALENDAR: Reel 85-C31, Side 2 Council agreed to add the liquor license for The Vine Tavern to the April 9th Council meeting consent calendar. 1 PLANNING AND ZONING MATTERS: Reel 85-C31, Side 2 6a. Set Public Hearing/Iowa City Zoning Ordinance: Franklin said the Council received the amendments in a memo outlining the Planning and Zoning Commission recommendations. 6b. 6c. Staff has no objections to the change and the name does not conflict with other street names. 111. -VI - Franklin explained Ty'n Cae Part 3 is being amended and Council has given two readings to amend the PDH ordinance. The third reading will be held after disposition of the right-of-way in the amended Ty'n Cae Part 3, which become Ty'n Cae Part 4. In response to Dickson, Franklin said the difference in the property and the offer was due to the timing of the payment. The new assessed value, $2100 per acre, was assigned for future tax payments due in September 1986. The offered price reflects the new assessed value. Franklin said Council will consider a resolution to dispose of a portion of the Mormon Trek Boulevard right-of-way near Plaen View Drive, hold a third reading of the POH ordinance to amend Ty'n Cae Part 3, and consider a resolution to approve the preliminary subdivision plat and jplanned development housing pian of Ty'n Cae Part 4. 6d. Resolution to dispose of a portion of Mormon Trek Boulevard See item C. 6e. 6f. F Milkman said the property is adjacent to Mary Hartwig's and the purchase offer of $2,411.85 is what the IDOT had paid for the property. Milkman stated there will be a resolution approving the final subdivision plan and final LSNRD. Baker inquired about the waiver of the provision of sidewalks. Franklin explained it is a commercial development and residential zoning and pedestrian traffic is unlikely. No Council discussion. 6g. Rezone ro ert at the southern cit limits east of Old Hi hwa 218 South and north o Izaak Walton League Road rom I-1 to I-2: Milkman stated a bill is in the Iowa Legislature which will become law July 1st and will permit zoning with an agreement with the property owner and if it is a public need. A letter from Mr. Honohan stated that Mr. Russell would agree to the rezoning of the eastern portion of the property at this time and the rezoning of the western portion after July 1st with such an agreement. Jansen stated the Iowa Legislature bill is not a blanket endorsement of contract zoning and there are limitations. In response to Strait, Honohan stated the Iowa Law School Foundation owns 50% of the property. Milkman said Honohan has requested a waiver of the three readings. McDonald said first consideration was delayed because of a missed Council meeting. Franklin said six Council votes are needed to waive the readings. 6h. Neuzil property, rezone property from RM -12 to RS -8: Milkman said Council members received letters from Attorneys Meardon and Hayek requesting deferral of the second consideration. Karr stated letters were also received from Betty and Al Thomas and Frank and Mary Glick representing Melrose Lake Community Association supporting the second consideration. Milkman stated a letter was received from the Williams asking Council members to reconsider their vote. Baker inquired about the Williams letters reference to "eminent development nearby." Milkman said the reference is about a proposed Nagle/Thurman development on the one remaining property. 7 i 61. 3 61. See item E. 11 rtion of 6m. Resolution to thiseek ose North fBranch Detentionh Basin:anent flows a easement of the 1985, public Franklin said no comments were received at the March 12, hearing. om rehens ve 6n. Resolution on onhn U umm ss nog rasmantad ea umeto thes as reconmended b Ile ann n an a e° Milkman said one comment from Project GREEN was received at the March 12 public hearing. 6o. Resolution a rovin the rel iminar final and final lot for Burkle Subdi�vi In response to Ambrisco, Milkman said Street subdivision�oisslo ated nis ha corner of Kirkwood Avenue and Marcy for fourhes an emt he alsubdivision Iyasingle access onto Kirkwood Avenue. In applicant to have on m wouldse to response to Baker, an said ehN single-family dwelling the ouse of Prayer ceases its 6p. Council discussed this as a separate item. 6q. Milkman said the Planning and Zoning Comnission recommended that the Council advise the Johnson County Board of Supervisors that the applica- tion for the rezoning is found to be inconsistent with the Johnson County/Iowa City Fringe Area Policy for Area 4 as the policy is cur- rently written. Franklin said the County Zoning Commission had deferred action until after the Fringe Committee met; a letter that will be sent to the Board of Supervisors will state the City Council recognizes that this is currently being considered by the Johnson County/Iowa City Fringe Area Policy Committee; and that the Planning and Zoning Commis- sion has suggested further that the development policy for Area 4 be reevaluated to allow non-farm residential use along Rapid Creek Road with consideration given to the need for access in the future to interior parcels. BRISTOL DRIVE/NORTH DUBUQUE: Reel 85-C32, Side 1 Dr. Kennedy stated his opposition to any street alignment which routes the street through his property. Kennedy said that his property is not the appropriate place to build Foster Road; there is no.valid reason to condemn his property when the adjoining property, the Ackerson'3, is for sale; the alignment would substantially change the character of his property and destroy the grove along the frontage; the Kennedys may want to build a small "grandpa" house in the future; traffic on Foster Road will want to go west towards town and an easterly jog would not serve that purpose; and an easterly jog would put traffic onto the easterly portion of N. Dubuque Road and create traffic hazards. Kennedy suggested that the developer delete one or two lots so there wouldn't be a need for a secondary access road and Foster Road should be aligned in a westerly direction. McDonald asked Dean Oakes if he had stated he would never develop more land behind the proposed addition. Oakes stated he did not think he made that statement, it would take 20 years to develop the area, and the economics of development would need to change for development to take place. Franklin stated the 125 foot jog to the east appears to be the least costly an Mr. Oakes was willing to participate in the cost of that road. Oakes said when he originally sold the Ackerson farmhouse, there were no City restric- tions regarding access; he currently has no agreement with the Ackersons to purchase their property; and he has spent ten years trying to find out the alignment of Foster Road from the City. Council discussed the resolution adopting a preferred alignment for Foster Road, the developers participation in the costs, and future development of the area if Mr. Oakes only develops 22 units now. Berlin inquired about entering into an agreement with Mr. Oakes that would provide that Oakes' contribution in the future would be no less than if the road were put in now. Franklin pointed out that the recent legislation regarding agreements with developers refers to an ordinance to rezone or approve a site development. Erdahl stated that even if Council doesn't adopt the preferred alignment for Foster Road, there will be the same problems with future development. Ambrisco said the Council should continue with plans to improve Old Dubuque Road. Erdahl inquired if Oakes only developed 22 units, if providing for an ! easement for secondary access could be a stage of the planning process. Franklin said providing for an easement for secondary access cannot be tied into future development and, with future development, the Council would be faced with amending the policy for secondary access, condemning land, or persuading the developer that the developer would have to provide the secondary access totally at his own cost. Erdahl inquired if the City could I purchase an easement for secondary access from the Ackersons. Baker inquired about future secondary access. Franklin explained that the developer is required to provide the secondary access. McDonald expressed his reluctance to leave the decision for provision of access to a future- Council. He stated, however, that he could not advocate condeming Mr. Kennedy's property at this time and suggested that the Council j do nothing. Berlin said if the Council votes to reject the resolution, the City will assume that Oakes can proceed with the 22 lot development. Council informally agreed to reject the resolution adopting a preferred alignment for Foster Road at its intersection with North Dubuque Road near Bristol Drive. PARCEL 65-2b: Reel 85-C32, Side 2 Cain noted that the developer's proposal and design plans meet the bid requirements as set out in the Prospectus and offers the minimum bid price of $10,500 for the parcel. Council received the April 3, 1985, memo from Cain containing a staff evaluation of the proposal. Cain introduced Attorney Phil Mears and Bill Nowysz, architect for the project. Nowysz presented the site plans and proposed west face for the Paul -Helen Building. In response to Strait, Nowysz said there would be an entrance to the alley. Nowysz said the west face will have a brick veneer with windows on the second and third floor, and they plan to utilize'a reclaimed entrance from the University old armory building. Baker raised concerns about problems with graffiti on the ground floor walls. Nowysz explained windows are not necessary for the present use and there will be a planted area along the ground floor. Berlin said the mini -park will not be reconstructed this year, the developers have a commitment to work with the City on the final design plans of the mini -park, and there have been preliminary discussions that the use of the mini -park may change with the development of the parcel next to the hotel. Cain stated that no decisions have been made about the final design of the mini -park. In response to Strait, Cain explained that the developer is required, as a condition of the bid, to pledge $5,000 worth of services towards the redesign of the mini -park and the City has already budgeted money for the redesign and construction of the mini -park. 6 Mears said the redesign of the mini -park should not be delayed. Erdahl said the City should preserve an intimate area for conversation and an area for free speech in the mini -park. Cain stated a public hearing will be held March 23rd on the sale and convey- ance of the property and there will be a resolution to designate a preferred developer. COUNCIL TIME/AGENDA: Reel 85-C32, Side 2 1. McDonald inquired about agenda item 3 (final closing of sale of Elm Grove Park). Berlin said the Board of Supervisors will present a check to the City and the City will give then a deed. 2. McDonald said William Gersonde asked if Council would consider a zoo proposal. Councilmembers discussed and opposed establishing a zoo. 3. McDonald asked Councilmembers to defer the second of three required readings on the proposed Iowa -Illinois franchise because the proposal appears less restrictive than the old one. McDonald said several items were omitted, there were language changes, and the new proposal needs to be reviewed. Berlin said staff will prepare an analysis of the existing franchise and relate it to the regulatory ordinance that was initially proposed. The majority of the Council agreed to defer action on the second reading. 4. In response to Baker, Berlin said the Arts Council can meet with the Convention on Tourism Bureau relating to programs. S. Baker gave Council an update of the locations of newspaper vending machines. 6. Ambrisco said the Iowa Legislation Conference Committee agreed to a tax package resolution late this afternoon. Berlin said that is interest in the House to amend some of the collective bargaining provisions passed by the Senate. 1. Erdahl inquired about the status of the Rules Committee review on abstention rules for City Council. Karr said the League of Municipalities had responded directly to the Legal Department and Legal was currently reviewing. Erdahl asked staff to review the question of abstention from voting for conflict of interest and its impact on the majority vote for tomorrow evening's formal meeting. 8. In response to Dickson, Berlin said staff met with University of Iowa Vice President Phil Hubbard and a representative of the Women's Transit Authority. The Women's Transit Authority was going to present additional information to the City. APPOINTMENTS: Majority of members present agreed to the following: Planning and Zoning Commission: Rod Terry, Karen Kubby 7 Housing Commission: Mary Joan Streb, James Barfuss Committee on Community Needs: Jane Strabala EXECUTIVE SESSION: nder Section Z8Ar55j . RealcoEstate, do kdiscuss tto heurn to purcha purchaseve Session particular ureal exected to iestate onlncrease the price then he governmentalemature l body would ha ve toe paynosure could e forythatpproperty. The minutes in the shall be available for ppublic tape-recording tionof the s when nthe otransaction sed under hdisis cussedais completed. And, Section 28A.S.c litigation to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent where position it ositiof of dthelgavernmentosure l body inbe ikelthat litigat udonice or the Affirmative role call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried and adjourned to executive session 8:50 P.M. Informal Council Discussion April 16, 1985 Informal Council Discussion: April 16, 1985, at 6:35 p.m. in the Council ambers a t e ivic enter. Mayor John McDonald presiding. Council Present: McDonald, Zuber, Ambrisco, Strait, Dickson, Erdahl, Baker. Staff Present: Berlin, Melling, Karr, Jansen, Schmadeke, Schmeiser. Ta a -rte ec_rded: Reel 85-C33, Side 1, 261 -End, Side 2, a11; Reel 85-C35, Side a 7. 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 92 has a beginning of a new plant in the south part of Iowa City and an interceptor sewer system; alternative 96 has a third treatment facility located near Snider Creek; alternative 98 will have all treatment remaining at the existing site and will have a 911 lon of is similarto alternative #2 ers l2 buttionsdifferst in Dhow ce 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 costof analternative ithats may died to result iinu significant the City will not build something expensive 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 inquire about a Class A owa River. Jaworski said he didn't believe the Depart - designation to the IManagement will change the discharge standards ment of Water, Air and Waste 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 effluent standards because of the treatment processes they incorporate. In response to questions from Strait, Jaworski said Alternative of 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 he Iowa overallrrnow. rankings: ralternative 16rence to elowestr ranking followed i by m18, riz92, and 911, in terms of the rankings. INFORMAL COUNCIL DISCUSSION APRIL 16, 1985 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 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 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 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 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 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 alternative911 has a pump station and will not need as many deep sewers. Ambrisco raised concerns about safety for sewer plant employees. 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 plant 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. 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 $1 million. In reference to alternatives !8 and i11, 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 d8 and i6 couw l dbe eliminated. In t change drasticallyoinethe nextto h20 years. Jaworski said the sewer technology 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 62 and !11 should be continued to be studied, and flexibility isimportant. Jaworski stated evalua- tion Phase IIIlandvMetcalfive a st&uEddyilistyevaluation contractand toevaluatefinancial vthree alternatives. Council directed Metcalf & Eddy to continue studying alternatives /2, !8, and I11. ECUMENICAL HOUSING CORPORATION - SECTION 202 HOUSING ON UeSSMASH 'M SITE: 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 32.7 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 money Housing and Congregate be used using cannot be combined and the housing g Y independent elderly persons. Also, Ecumenical Housing is tentatively planning to build a ten -story, 75 unit building. HUD has specified the building nest 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 andlencumbrancesvonuthe tlanoption edwtolbe cons deredt uBerlinpsahearing;uic id the City be lowerd price con Hthe land Berlin duestotparking bond Cobligatione and theable set City will study alternatives to assist Ecumenical Housing. 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.S.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.)p.m.)Erdahl6:40 p.m.). Staff Present: Berlin, Helling, Karr, Smith, Jansen, DeMarce, Franklin, Hoard, Boothroy, Farmer, Cain, Holderness. a-r�Ta eTa : Reel 85-C35, Side 2, all; Reel 85-C36, Side 1, all, Side 2, a PLANNING AND ZONING: Reel 85-C35, Side 2 5a. Public Hearing/Iowa City Zoning Ordinance and Map: 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 RM -12 zone. McDonald raised concerns that by reducing the number of roomers in the RI -12 zone it will eliminate potential inexpensive housing for students and impact on elderly people that use roomers to Councilnt their disagreesiwithethe Planningnse andtZoningncomnissionlin said recommenda- tions; ecomm ndaf 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 t a formal Planning said the ZoninandsZoning Commission sion for review afelt the Cou cilishouldFlin notkhave kept the same number of roamers permissible in .those zones and it should be recreased. McDonald eferring them back stated heCP1 Planning andouncil made LZoninghe mcommission.es in without inquired about the legal problems if amendments were accepted by the Council now. Jansen explained there would be no problem if the ordi- nance basis.is Inssed as response to questionand amended s tfromlater Baker, Franklinsingle said if amendment 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 recommend the staff had as it encouraged originally passed. Jand ansenmCommission to stated that after a Council consultation with the Planning and Zoning Commission, resultand as a of t on the permitted roomersamendment, ideally, the prefers toPlanning Zoninot ng Commission should vote on that specific item again. Council agreed to consult with the Planning and Zoning Commission about all ofrecommended o e Iowa April 30ty Zoning Ordinance and Map.Staff will 5b. 5c. 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 Comnission wants the recommended. zoning of the Marlocke/Neeber 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 Z3rd will be on the ordinance as amended by the Planning and Zoning Commission. No discussion. 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. Corresoondence/909-919 Burlinqton 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 reconmended 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 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 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 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 Cain said the Riverfront Commission reaffirmed their original recommendations 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 Cornotalville Skis Club uSaf Safety Dirt the ector ile areas statedtheCoralvilthe le Ski eClur. bo does onot 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 asked for clarification about motor use on the river. Cain ained there expl is no suggested prohibition on motorboats. In response to Zexpl Cain said the Conservation COmmlssion has rules that apply to vessels on waterways. Craig Willis emphasized that the Iowa City Council should regulate that City'snordinance should betconsistentewithtthe mules thait thetConservation 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 i 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 riverthe rules would be binding over the entire width regardless of , what the municipal boundaries area. Cain said Coralville has been contacted 1 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 Cit 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 J1 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. agreedCouncil rules stated th rule 11 amended asdis ussed andwith the request that April 18th memo i Conservation Commission consult with the City beforeauthorizing 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 er and as been referred tovPlanning dand yZoning. and Topic will of the �be changed a toyh the mortgage revenue i bonds. t NEWSPAPER VENDING MACHINES. Berlin said Jansen is reviewing a draft on newspaper vending machines. UNRELATED ROOMERS. Remove from pending list. 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/OODGE 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. 7 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. 8. 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. R U OFFICIAL COUNCIL ACTIONS - 4/23/85 The cost of publishing the following proceedings d claims is $ Cumulative cost for this ca en ar year for said publication is $ Iowa City Council, reg, m g., 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. Mayor McDonald presented the Mayor's Youth Employment Program Annual Awards. Outstanding Enrollee Category: Sabrina Denburg, Solon, Community 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 super- visor. Kendee Spire, Iowa City, West High student, University of Iowa Hospital - Dietary Dept.; Ellen Hemesath, worksite supervisor. Outstanding Worksite Super- visors: Jaci Allensworth, VA Medical Center, Sabrina Denburg, student enrollee. Bob Vanderbeek, Mark IV Community Center, Tami Hogan, student enrollee. Outstanding School Referral: Linda Lawrence, Behav- ioral 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 Respect for Law Week; May 4-I1, 1985 as Nurses' Week; May 4, 1985 as Chauncey Swan Day; April 28 thru May 4, 1985 as Private Property Week. Moved by Ambrisco, seconded by Zuber, that the following items and recommenda- tions in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 4/9/85, as published, subject to correction, and as recommended by the City Clerk. Minutes of Boards and Commissions: City Attorney Review and Selection Advisory Comm. - 2/6/85, 3/11/85, 4/3/85; Civil Service Comm. -3/26/85; Official Actions April 23, 1985 Page 2 Housing Appeals Bd. -3/12/85; Airport Comm. - 3/21/85; Bd. of Adjustment 3/13/85. Permit Motions and Resolutions: Approving Class C Liquor License for Billaro's Bar, 1210 Highland Court. Approving Class C Beer Permit and Sunday Sales for Harris Discount, 71 Commercial Drive. Approving Class C Beer Permit and Sunday Sales for Leo's Standard Service, 130 N. Dubuque RES. 85-97, Bk. 85, p. 246, ISSUING CIGARETTE PERMIT. 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 #6 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, SPECIFI- CATIONS, 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 approximately 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 approxi- mately 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 Official Actions April 23, I985 Page 3 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 cottonwood 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-thon 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. A public hearing was held on the Iowa City Zoning Ordinance and Map. Bruce Glasgow, 834 N. Johnson, appeared opposing Official Actions April 23, 1985 Page 4 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. 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 discussions re lifting of the moratorium by May 1 of 1985 and narrowing down to 3 the 13 proposed alternatives for the wastewater treatment plant. 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. A public hearing was held on plans, specifications, form of contract and cost estimate for the Melrose Court Improve- ments 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 Official Actions April 23, 1985 Page 5 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. eared Debbie Hoopes, Cedar Rapids, app 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 limitation. 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, 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 Ed. - 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 resigna- tion of Airport Commission member Russell Schmeiser and commended and thanked him for his work. Ambrisco referenced letter from Anne Burnside, Human Rights COmmis- sion chair, to state legislators, sup- porting HF56 authorizing Cities to establish a higher fine for parking in handicapped stalls. Ambrisco congratu- lated secretaries on National Secretaries Week. Moved by Zuber, seconded by Strait, Tac adopt RES. 85-101, Bk. 85, p. 250, PUBLISH A REQUEST FOR PUBLIC HEARING Official Actions April 23, 1985 page 6 FY85CEUMTAA SECTION ING THE 9CITY IOWA TRANSIT OPERATING ASSISTANCE GRANT APPLICATION. Affirmative roll call vote unanimous, 6/ absent. The Mayor declared the resolution adopted by Strait, seconded by rd252, to adopt RES. 85-102, Bk. 85, pp• 2 AUTHORIZING D DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTA- TION, UNITED STATES OF AMERICA, FOR A MAS TRANSPORT ATIONECACTION OF 1964,{E ASR BAN 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 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 A254i255, to adopt RES. 85-104, Bk. 85, p . AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE JOHNSON COUNTY CITI- ZEN'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 tithe resolution adopted. Moved by Erdahl, seconded by Zuber, adopt RES. 85-105, Bk. 85, pp. CITY CLERKRITO GATTEST Y THE 0 RELEASESIGN D E HE OFLIEN REGARDING A PROMISSORY NOTE EXECUTED BY MAUDEunanimous WALS6•/0' Dicksonve roll call vote absent The Mayor unanimous, , declared the resolution adopted. Moved by Ambrisco, seconded by68d259, to adopt RES. 85-106, Bk. 85, pp. 2 DESIGNATING THE SMALL-MEARS BUILDING COMPANY AS PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL 65-2b IN DOWNTOWN IOWA Official Actions April 23, 1985 Page 7 CITY. Affirmative roll call vote unani- mous, 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. Moved by Zuber, seconded by Ambrisco, 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 Regula- tions," be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Dickson 'absent. The Mayor declared the motion adopted. Moved by Zuber, seconded by Ambrisco, to adjourn 8:35 p.m. The Mayor declared the motion carried unanimously, 6/0, Dickson absent. For a more detailed and complete desription of Council Activities & Disbursements, see Offit City Clerk and Finance Department. %%-�� JONN MCD ALD, MAYOR s/MARIAN K. KARR, CIT CLERK 71/ttea,iJ Submitted for publico ion - 5/2/85 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, Cortmunity 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: Vanda Redman, 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 Respect for Law Week; May 4-11, 1985 as Nurses' Week; May 4, 1985 as Chauncey Swan Day; April 28 thru May 4, 1985 as Private Property Week. Moved by Ambrisco, seconded by Zuber, that the following items and recommendations in the Consent Calendar be received, or app v� adopted as presented: Approval of Official Council Actions of the regular meeting of 4/9/85, as published, subject to correction, and as recommended by the City Clerk. Minutes of Boards and Commissions: City Attorney Review and Selec- tion Advisory Comm. - 2/6/85, 3/11/85, 4/3/85; Civil Service Comm. 3/26/85; Housing Appeals Bd. - 3/12/85; Airport Comm. - 3/21/85; Ga. of Adjustment - 3/13/85. Permit Motions and Resolutions: Approving Class C Liquor License for Small Enterprises Ltd. dba B11laro's Bar, 1210 Highland Court. Approving Class C Beer Permit and Sunday Sates for Thomas E. Harris dba Harris Discount, 71 Commercial Drive. Approving Class C Beer Permit and Sunday Sales for RES. 85-97,Stephen B85,Pp. L246, ISSUING CIGARETTEaPERMIT rice, 130 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 d6 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, an 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-thon 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 an 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 8 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 Bram, 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- year. PateMeskimenna47rPenfrorDrivdeMappearedsretoitem 4f(6)ron them 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 ission chair, tostate legislators, risco referenced e supporting HF56 tter from Anne Burnside, Human aCitiesttoCe tablish 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, REQUEST FOR SECTION 9U TRANSITARING OPERATINGCASSISTANCEGTHE C ITY OF GRANT APPLICATION. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adapted. Moved by Strait, seconded by Erdahl, to adopt RES. 85-102, Bk. 85, pp. ION ON BEHALF OF T251-252, HE CITY OFTIOWA ZCITY ING AWITH ND ITHETDEPARTMENT ING THE FILING TRANSPORTATION, UNITED STATES OF 19 4,C AS FOR AMENDED,,NFORNUNDER TRANSITSECTION OPERATINGTHE ASS STANCEASS UTRANSPORTATION FUNDING,ANDDESIGNATING THE CITY 'AGCITY ulTO EXECUTE PROCESS AID APPLICATIONAffirmiverollcalvtonanim unanimous, absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Luber, to adopt RES. 85-103, Bk. 85, P. 253, ESTABLICOUNCILOFGOVERNMEN SENT Affirmative roN l callSvoteRT To THE O HNSON COUNTY 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 HE IOWA HANDICAPPED TO AREA. AffiRE rmativeND IISH N roll call Evote l GUIDELITY T 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, Bk. 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. Moved by Zuber, seconded by Ambrisco, 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 second vote for passage. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion adopted. Moved by Zuber, seconded by Ambrisco, to adjourn 8:35 p.m. The Mayor declared the motion carried unanimously, 6/0, Dickson absent. JOHN MCDONALO, MAYOR I;l;iains. 1tedY A444;1:� COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 7, 1985 Iowa City Council, reg. mtg., 5/7/85, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Baker, Dickson, McDonald, Strait, Zuber. Absent: Ambrisco, Erdahl. Staffinembers present: Berlin, Melling, Jansen, Karr, Gannon, Holderness, Boothroy, Franklin, Cain, Schmadeke. Council minutes tape recorded on Tape 85-C37, Side 1, 200- End; 85-C42, Side 1, 1 -End, and Side 2, 1-432. Moved by Zuber seconded by Dickson, to adopt RES. 85-107, Bk. 86, p. 260, RESOLUTION OF COMMENDATION FOR THEODORE ANDERSON, in recognition of 19 years of service. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Mayor McDonald proclaimed May 1985 as Better Hearing and Speech Month; May 12-18, 1985, as Senior Center Week; May 12-18, 1985, as Preservation Week; May 5-11, 1985, as Goodwill Industries Week; May 13-19, 1985, as Iowa City Hospital Week; May 1985 as Older Iowans' Month; May 12-18, 1985, as Nursing Home Week. Moved by Strait, seconded by Baker, that the following items and recom- mendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Council actions of the regular meeting of 4/23/85, as published, subject to correction, and as recommended by the City Clerk. Minutes of Boards and Commissions: City Attorney Review and Selec- tion Advisory Comm. - 4/8/85, 4/13/85, 4/17/85, 4/29/85; Parks & Rec. Comm. - 4/10/85; Human Rights Comm. - 3/25/85; Broadband Telecomm. Conn. - 3/5/85, 3/13/85 and Annual Programming Input Forum - 3/13/85; P&Z Comm. - 4/18/85; Bd. of Library Trustees - 4/25/85; Historic Preservation Comm. - 4/10/85; Housing Comm. - 4/10/85; Design Review Comm. - 4/17/85; Riverfront Comm. - 4/3/85; Committee on Community Needs - 4/16/85. Permit Motions: Approving Special Class C Beer -Wine License and Sunday Sales for Mei Lee Szeto dba Jade Garden, 119 Iowa Avenue. Approv- ing Class C Beer Permit and Sunday Sales for Ware & McDonald Oil Company dba Wareco, 828 S. Dubuque. Motions: Authorizing the City Engr. to sign an application for use of highway right-of-way for utilities accommodation to Northwestern Bell Telephone Company along Highway N1 north to Interstate 80. Setting public hearings: RES. 85-108, Bk. 86, p. 261, SETTIIIG PUBLIC HEARING ON 5/21/85 ON AMENDING THE FY85 OPERATING BUDGET. RES. 85-109, Bk. 86, p. 262, SETTING PUBLIC HEARING ON 5/21/85, ON APPROVING THE FY85 CAPITAL PROJECTS BUDGET. RES. 85-110, Bk. 86, p. 263, SETTING PUBLIC HEARING ON 5/21/85, on plans, specifications, form of contract and estimate of cost for the construction of the handicapped accessible public restroom, Upper City Park. RES. 85-111, Bk. 86, p. 264, SETTING PUBLIC HEARING ON 5/21/85, on plans, specifications, form of contract, and estimate of cost for the construction of the FY86 landfill excavation project. Council Activities May 7, 1985 Page 2 Correspondence: Governor Branstad regarding assistance to cities in maintaining the economic base and promoting economic development, referred to the City Mgr. for reply. Bruce Glasgow apologizing for statement made before the Council re notice of proposed rezoning of properties south of Interstate 80. John Wilson re the proposed construc- tion at the U Smash 'Em site. Loran L. Hershberger of Hallmark Homes, Inc., requesting that a public hearing be set for May 21 on the proposed Vista Park Village subdivision. Schwab Advertising System Inc., request- ing a change in the sign ordinance, referred to PPD staff for reply. Letter from 13 residents of Tower Court and George Street expressing appreciation for Council's efforts re the proposed rezoning of the Melrose Lake area. Kirk Hiland of Consolidated Property Consultants Ltd. re a resolution of support for an application for a Section 202/8 Elderly Housing Project. Leland McCormick re replacement of sidewalks. Jon Bramwell requesting an easement be granted for the installation of a fence, referred to the PPD Dept. for reply. Jon and Pat Meskimen regarding the cottonwood tree at 48 Penfro Drive to be formally received and place on file. Gerald L. Bruns regarding the cottonwood tree at 48 Penfro Drive to be officially received and placed on file. Petition from 46 residents requesting that the Council review the noise ordinance and to rewrite it, if necessary, in order to make it enforceable, City Mgr. will reply. Letter of resignation from the Design Review Comnittee from Tom Wegman. Memo from the Civil Service Commission submitting certified lists of applicants for the following positions: Maintenance Worker I -Water; Human Services Coordinator - PPD; Maintenance Worker II - Water Meter Repair/Water; Maintenance Worker III - Parts Clerk/Equipment; Meter Reader - Water; Accountant - Treasury; Systems Specialist - Accounting; Maintenance Worker III - Landfill/Streets and Sanitation, Associate Planner (3/4T) - PPD. Area Council on Child Abuse and Neglect (ACCAN) inviting the Council to attend a public meeting on 5/8/85, 7:30 P.M., at the Robert A. Lee Recreation Center. Application from David Frantz and Rita Frantz for a waiver on the requirement to install a sidewalk on their property. Memo from the Traffic Engr. re parking on Bancroft Drive. Applications for Use of Streets and Public Grounds: Jane Dinsmore to distribute veterans' poppies on the streets of Iowa City on 5/24 & 5/25/85, approved. James Spratt and the Riverfest Committee to have a carnival on public right-of-way, 3/27/85, approved. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Dickson, seconded by Baker, to set a public hearing on 5/21/85, on an ordinance to repeal the Planned Development Housing (PDN) plan for Hunter's Run Subdivision Parts Two and Three. The Mayor declared the motion lop carried, 5/0, Ambrisco, Erdahl absent. Moved by Dickson, seconded by Zuber, to set a public hearing on 5/21/85 on an ordinance approving a Planned Development Housing (PDH) p lan Park Village. The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. Council Activities May 7, 1985 Page 3 Moved by Strait, seconded by Dickson, to defer to 5/14/85, consideration of the Iowa City Zoning Ordinance and Map. The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. Moved by Zuber, seconded by Strait, that the ordinance to change the name of Highlander Drive to Northgate Drive, be given first vote for passage. The Mayor stated the matter would be scheduled for final consideration at the special Council meeting of May 14th. The Mayor declared the motion carried, 4/1, Baker voting "no", Ambrisco, Erdahl absent. Moved by Baker, seconded by Dickson, to adopt RES. 85-112, Bk. 86, p. 265, AN AMENDMENT TO THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR EASTUALE MALL ADDITION. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Zuber, to adopt RES. 85-113, Bk. 86, pp. 266-267, CONSENTING TO THE VACATION OF LOTS 50-53 OF HUNTER'S RUN SUBDIVISION PART THREE. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. The Mayor announced that item 5h and item 7 re the senior citizen housing project would be deferred until the special Council meeting of May 14th. Public hearings, items 5g and 6, would be held this evening but no formal action would be taken until the 14th. A public hearing was held on an ordinance to rezone from Public (P) to Central Business Service Zone (CB -2) property generally located immediately south of Washington Street to the bus depot building and approximately 107 feet in depth from the east line of Gilbert Street for senior citizen housing. The following individuals appeared: Woodrow Morris, 230 Hutchinson Avenue; Irene Murphy, 320 E. Washington; John Wilson, owner John Wilson Sporting Goods; Lyle Seydel, 445 Garden Street; Bob Welsh, 2526 Mayfield; Sarah Helt, Rt. 6, property owner 1118 E. Court; LeMar Morris, 3014 Friendship; Karen Kubby, 914 S. Dubuque Street; a member of the First Christian Church Bd.; Howard Carroll, 322 E. Bloomington. Moved by Zuber, seconded by Dickson, to accept correspondence from Letha Chamberlin, Irene Smith, Dick Watt, Edwin Goodyear, Sylvia Amish, Gladys Richardson, and Mary Cole. The Mayor declared the motion carried unanimously, 5/0, Ambrisco and Erdahl absent. Moved by Dickson, seconded by Baker, to defer to 5/14/85 an ordinance to rezone from Public (P) to Central Business Service Zone (CB -2) property generally located immediately south of Washington Street to the bus depot building and approximately 107 feet in depth from the east line of Gilbert Street for senior citizen housing. The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. A public hearing was held on a resolution authorizing the execution of a site option agreement for sale of property generally located approximately 107 feet in depth from the east line of Gilbert Street and immediately south of Washington Street to the bus depot building for senior citizen housing. Lyle Seydel, 445 Garden Street, appeared. Council Activities May 7, 1985 Page 4 Moved by Strait, seconded by Dickson, to defer to 5/14/85, a resolution authorizing execution of a site option agreement for sale of property generally located approximately 107 feet in depth from the east line of Gilbert Street and immediately south of Washington Street to the bus depot building for senior citizen housing. The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. Moved by Strait, seconded by Zuber, to adopt RES. 85-114, Bk. 86, p. 268, SUPPORTING THE DEVELOPMENT OF SENIOR CITIZEN HOUSING IN IOWA CITY. Affirma- tive roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract and estimate for the Clinton Street Improvements Project - Washington Street to Iowa Avenue. Nancy Sieberling, Design Review Committee Chair, appeared and outlined committee concerns re the project. Staff engineer Dan Holderness appeared. After discussion Council agreed to proceed with paving, trash receptacles on the east side and new lights. All other amenities will wait until after discussions with the University re the Pentacrest area. Moved by Strait, seconded by Dickson, to adopt RES. 85-115, Bk. 86, p. 269, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CLINTON STREET IMPROVEMENTS PROJECT - WASHINGTON STREET TO IOWA AVENUE AND AUTHORIZING BIDS TO BE RECEIVED MAY 28, 1985. Council agreed to proceed with project as outlined during the public hearing. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. The Mayor announced one vacancy for an indefinite term on the Design Review Committee. This appointment will be made at the 6/18/85 meeting of the City Council. Councilmember Dickson requested an update on the Tree Planting Program. Staff will prepare a memo for Council packet. Dickson also requested that Council be notified when "No Dumping" signs are posted at Mesquakie Park. The City Manager stated a memo will be sent when signs are in place. The recommendations of the Historic Preservation Commission noted as follows: (1) That the week of May 12-18, 1985, be proclaimed as Preservation Week in Iowa City. (2) That the Council consider the concerns of the Historic Preservation Commission in regard to the Iowa -Illinois Gas & Electric Company ordinances and their impact on historic buildings and neighborhoods: (a) Brick streets are not adequately protected from asphalt or concrete patches. Councilmember Strait raised concerns re the concrete patches on Church Street. The City Manager noted that the patches were installed on the north end prior to the recent brick work on the south end of the street. A memo will be sent to Council re the matter and explaining the revision in the ordinance requiring repairs on brick streets to be brick only. (b) Transmission lines should be located away from historic buildings and neighborhoods. (c) The qualities and character of historic buildings should be considered when utility boxes and meters are fastened to the exterior of buildings. The recommendation of the Housing Commission that Fair Meadows Addition be designated a new target area for Rental Rehabilitation Program, noted. Council Activities May 7, 1985 Page 5 The recommendations of the Design Review Committee noted as follows: (1) Recommend approval of the request of the Holiday Inn for three signs as per the submitted design for tenants on the south side of the building. (2) Recommend rejection of the Clinton Street improvement project as presented with the addendum that the sense of the Committee is to suggest consultation with a qualified landscape design architect to reassess the project with the aim of creating a more visually interesting and integrated design concept for this important transitional block. The vote to approve the Clinton Street Project was defeated on a vote of 2 in favor, 4 against and 2 abstaining. The recommendation of the Committee on Community Needs that the contract with the Johnson County Committee to publish the Accessibility Guide be extended three months, to July 1, 1985, noted. The recommendations of the Riverfront Commission noted as follows: (1) The Commission recommends that Council request the ICC to adopt the following regulations as special rules for the Iowa River: (a) No person shall operate any vessel towing persons on water skis, surfboards or similar devices in the area bounded by the Coralville Milldam and the Burlington Street Dam. (b) No person shall operate any vessel between the Iowa Avenue Bridge and the Burlington Street Dam. (c) No person shall swim in the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. (d) No person shall walk, ice skate, fish or otherwise be upon the surface of the ice on the Iowa River between the Iowa River and the Burlington Street Dam. (e) No craft or vehicle shall be operated on the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. The Commission recommends that there not be any provision allowing for water ski shows/exhibitions by special authorization. A resolution concerning this matter is next on the agenda. Moved by Zuber, seconded by Dickson, to adopt RES. 85-116, Bk. 86, pp. 270-271, AUTHORIZING THE CITY 14ANAGER TO MAKE A FORMAL APPLICATION TO THE STATE CONSERVATION COMMISSION FOR SPECIAL RULES AND REGULATIONS CONCERNING THE OPERATION OF VESSELS ON THE IOWA RIVER, AFTER PUBLIC NOTICE OF SUCH APPLICATION IS PUBLISHED. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Dickson, to adopt RES. 85-117, Bk. 86, pp. 272-274, APPROVING SIGNAGE FOR TENANT SPACES FOR URBAN RENEWAL PARCEL 65-1b (HOTEL). The Mayor stated the signage had been approved by the Design Review Committee. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, to adopt RES. 85-118, Bk. 86, p. 275, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE GROUNDWATER CUT-OFF TRENCH, IOWA CITY SANITARY LANDFILL TO SULZBERGER EXCAVATING, INC. OF MUSCATINE, IOWA, for $142,022.50. Public Works Director Schmadeke noted the discrepancy in the bids and explained the lowest bid on intense competition. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Council Activities May 7, 1985 Page 6 Moved by Zuber, seconded by Strait, to adopt RES. 85-119, Bk. 86, p. 276, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE OUTFALL RELIEF SE14ER SYSTEI4 REHABILITATION PROJECT TO TSCHIGGFRIE EXCAVATING OF DUBUQUE, IOWA, for $964,839.90. Affirmative roll call vote unanimous, 5/0, Ambr4sco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, to adopt RES. 85-120, Bk. 86, pp. 277-284, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH VEENSTRA & KIMM, INC. OF WEST DES MOINES, IOWA, FOR RESIDENT PROJECT INSPECTION SERVICES, SURVEY SERVICES AND TESTING SERVICES ON THE OUTFALL RELIEF SEWER SYSTEM REHABILITATION PROJECT. (The Not to Exceed Amount for these services is $39,500.00 and is based on a construction completion time of 240 calendar days.) Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Zuber, to adopt RES. 85-121, Bk. 86, pp. 285-289, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE I014A DEPARTMENT OF TRANSPOR- TATION FOR A FEDERAL -AID BRIDGE REPLACEMENT PROJECT FOR THE RECONSTRUCTION OF THE BURLINGTON STREET BRIDGE OVER THE IOWA RIVER. Public Works Director Charles Schmadeke explained that the Iowa Avenue bridge work would be completed in late August and then work would start on this project. Affirma- tive roll all vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, to adopt RES. 85-122, Bk. 86, p. 290, CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE BURLINGTON STREET CONCRETE REPAIR PROJECT TO METRO PAVERS, INC. OF I014A CITY, for $30,825.00. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, to adopt RES. 85-123, Bk. 86, pp. 291-293, REVISING THE ANNUAL BUDGET FOR FY85, PUBLIC HOUSING PROJECTS IA -22003 AND IA05PO22004. Housing Coordinator Lyle Seydel appeared to answer questions. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved seconded 294-296, AUTHORIZING THE CITY MANAGERTOEXECUTto E THES. DEVELOPMENT Bk. COSTBBUDGET FOR PROJECT IA05PO22005. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, to adopt RES. 85-125, Bk. 86, p. 297, AMENDING THE CLASSIFICATION PLAN AND NUMBER OF POSITIONS IN THE POLICE DEPARTMENT. The Mayor explained this was a reclassification only and no new I staff would be hired. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, to adopt RES. 85-126, Bk. 86, p. 298, ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR CONFIDENTIAL EMPLOYEES. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Council Activities May 7, 1985 Page 7 Moved by Strait, seconded by Dickson, to adopt RES. 85-127, Bk. 86, p. 299, ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR ADMINISTRATIVE EMPLOYEES. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, to adopt RES. 85-128, Bk. 86, p. 300, ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR AFSCME EMPLOYEES. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, to adopt RES. 85-129, Bk. 86, pp. 301-343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOY- EES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1985, THROUGH JUNE 30, 1987. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, that the ordinance amending Section 23-189 of the Municipal Code of Iowa City to set the speed limit of Scott Boulevard, be given first vote for passage. The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. Moved by Dickson, seconded by Zuber, that the ordinance amending Section 23-161 of the Code of Ordinances of the City of Iowa City, Iowa, referring to proceeding "with caution" after a stop, be given first vote for passage. The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. Moved by Dickson, seconded by Zuber, that the ordinance amending Article II of Chapter 31 of the Code of Ordinances of the City of Iowa City, Iowa, relating to street excavations by repealing said Article II and substituting in its place a new Article II of Chapter 31, which includes new Section 31-3B, "Exemption," be given first vote for passage. The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. Moved by Strait, seconded by Zuber, to defer to 5/14/85 an ordinance amending Chapter 31 of the Code of Ordinances of the City of Iowa City, Iowa, by adding thereto Article VIII, entitled "Sidewalk Cafes". The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. Moved by Zuber, seconded by Strait, that an 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 are prohibited, be given second vote for passage. The Mayor declared the motion carried, 5/0, Ambrisco, Erdahl absent. Moved by Zuber, seconded by Dickson, that ORD. 85-3233, Bk. 25, pp. 90-97, 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 passed and adopted. Affirmative roll call vote unanimous, 5/0, Ambrisco, Erdahl absent. The Mayor declared the ordinance adopted. Council Activities May 7, 1985 Page 8 � I Moved by Dickson, seconded by Zuber, to adjourn 9:25 P.M. The Mayor i i declared the motion carried unanimously, 5/0, Ambrisco, Erdahl absent. ;HNMCDONA D, MAYOR I 9 Informal Council Discussion April 30, 1985 Informal Council Discussion: April 30, 1985, 6:30 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Zuber, Strait, Dickson, Baker, Ambrisco. Absent: rd_aaF_— Staff Present: Berlin, Melling, Karr, Smith, Robinson, Lundell, Cassady, Franklin, Vitosh, Zehr. Tape Rec09orded: Reel 85-C38, Sides 1 and 2, All; Reel 85-C39, Side 1, All, Side 1. Prohibition of cottonwood trees Reel 85-C38, Side 1 City Forester Robinson read the Iowa City ordinance, Section 34.23.8 "cot- ton -bearing cottonwood trees... are hereby declared a nuisance", explained that the ordinance charges the Forester with having nuisance trees removed. Robinson said the ordinance would need to be amended for the cottonwood tree, located at 48 Penfro Drive, to not be removed, and said other area cities do not have cottonwood trees removed but do remove hazardous trees. Robinson said that the cost of removing the cottonwood tree would be charged to the homeowner. In response to McDonald, Robinson said the ordinance against cottonwood trees exists because of concerns that the trees cause air conditioner and swimming pool filter problems. Robinson said that the trunk of the tree is solid and the potential for problems could be decreased significantly if 20% of the trees' limbs were trimmed or removed. Robinson estimated the tree is 70 years old. Trimming the cottonwood tree would cost $200 and removing the tree would cost an estimated $400. In response to questions from Councilmembers, Robinson said he has done four notices to remove dead and dangerous trees since 1982, that a fallen limb from the cottonwood tree initiated the complaint, and three other cottonwood tree complaints have been received. Robinson recommended that if the ordinance were to be amended, the ordinance should prohibit the planting of new cottonwood trees and grandfathering in all existing cottonwood trees. Public input was received from John and Pat Meskimen, Margaret Leahey Bruns, and Lynn Hauser. The Meskimens stated 27 people have signed a petition to remove the tree; the tree is dangerous and messy; neighbors' air conditioners and pool filters are affected; a neighbor is allergic to the tree; the house is being sold; and the wood could be sold to help pay for the tree's removal. Bruns stated that 49 people signed a petition to save the tree. In response to Strait, Bruns stated she would live in the house if it is not sold. Lynn Hauser raised concerns about safety and inquired about the liability for falling limbs. Karr noted two additional letters received regarding the tree. Berlin stated two telephone calls were received in favor of keeping the tree. Robinson stated that State Code recommends that cottonwood trees not be planted. Strait asked if the amended ordinance would be retroactive to include the cottonwood tree and asked for a staff recommendation from Robinson. Zuber noted people whose trees had been removed according to the ordinance. In S- 30 response to Strait, Robinson said cottonwood trees should be prohibited from being planted and existing cottonwood trees should be allowed to remain if they are not dangerous. McDonald said the Council needs to enforce or amend the ordinance. McDonald and Zuber opposed amending the ordinance. Ambrisco, Dickson and Strait favored amending the ordinance. Strait said the tree should be trimmed to make it safe. Baker abstained from taking part because Mr. Bruns is a faculty member in the University of Iowa English Department. Because of the absence of Erdahl and the lack of a majority vote needed to amend the ordinance, McDonald said the cottonwood tree issue will be discussed again next Monday night (May 6th). Notice regarding tree removal Reel 85-C38, Side 1 Berlin explained that Erdahl had requested information about the City's process for notifying people regarding tree removal and what procedures are used to make a determination if a tree needs to be removed or trimmed. Councilmembers received the information in Council packets. McDonald will contact Erdahl regarding the information received. Parking - Maiden Lane Reel 85-C38, Side 1 In response to Baker, Lundell said parking lots should be striped to organize and maximize the number of parking spaces in the lot and lots should be hard surfaced. Council reviewed the April 25 Lundell memo regarding Maiden Lane parking report. Lundell explained that owners of businesses along Maiden Lane between Ralston Creek and Prentiss Street have legal and practical parking concerns; distributed photos of the area; and reviewed alternatives. In response to McDonald, Lundell said the City would need some type of control, such as parking meters, if the City improves the space. In response to Baker, Berlin stated the City could probably assess property owners 100% for paving the area. Input was received from Joe Kennedy and Chuck Johnson. Kennedy stated there are problems with the utilization of the area, there are no lights, the area is very dangerous, there are problems with access into the buildings, and improve- ment of the area would benefit existing property owners. Zuber said that if the City improves the area it will increase the value of the private property at the tax payers' expense. Kennedy said he is in favor of a special assess- ment. Chuck Johnson said lighting should be provided, parking is a larger problem in the evening than in the daytime, and asked if special assessments would include sewer, engineering and curbing costs. Berlin stated no cost estimates have been prepared and cost estimates would be prepared if enough interest in participation is demonstrated by the property owners. Council agreed with Berlin's suggestion that Lundell meet with property owners to discuss alternatives and participation. Airport corporate hangar financing Reel 85-C38, Side 2 Zehr explained that the City's facilities, 4-H grounds, and transit facility are full and no longer available for airport equipment storage; the sand spreader, snow blower, and diesel truck need a controlled environment to be usable; and the best solution is to add onto the HLM corporate hangar for the equipment storage. The addition will be 20-25 feet by 60 feet in size and the HLM hangar is 60 feet by 80 feet. Zuber said the cost of the addition is high. 1— ,�U Commission member Russ Schmeiser explained that the airport is paying for storm sewer and other utility hookup costs as an investment towards future corporate hangar expansion. McDonald inquired about the airport improvement fund being used for the project. Zehr explained the remaining $72,000 in the improvement fund would provide matching grant funds for up to $720,000 worth of projects and that the Airport Commission intends to build that account back to its original level. Schmeiser said in addition to completing the compliance project and clear zone land acquisition, an equipment storage facility is needed to keep the airport open for service. Schmeiser said there would be an economy of scale to combine the equipment storage facility with the HLM corporate hangar project and a recent change in the compliance project will save the Airport Commission $180,000 and would aid the compliance project cost overrun expenditures. Schmeiser asked the Council for permission to use a portion of the funds earmarked as the contingency reserve for the compliance project for the equipment storage facility. Berlin said the Council's commitment was that there would be no City contribu- tion to the corporate hangar project and if the Council decides against constructing the equipment storage facility, there is still the issue of how to front end the cost on the utilities to facilitate the construction, of the HLM corporate hangar. Berlin stated the equipment storage facility need should have been presented during the Council budget session and there should have been budget requests and CIP requests submitted. Schmeiser said the Airport Commission reassessed its needs for the use of the improvement reserve funds, received an accurate assessment of the debt service from the corporate lessee, it would be unlikely for a corporate lessee to be able to service the entire cost of the debt and pay for all utility hookups over a 12 year period, and the 15 year lease with HLM will help with the cost of the utilities. Zuber asked about future equipment storage space needs of the airport. Zehr said the airport shouldn't need other equipment. Schmeiser said the airport will get new equipment on a replacement basis. In response to Zuber, Berlin said the parking project is scheduled in 1988. Strait inquired about the use of the corporate hangar in 15 years if the lease is not renewed. Zehr said the airport will search for another lessee and the corporate hangar could be used for more City equipment storage if it is not leased. In response to Baker, Schmeiser explained the Airport Commission originally spoke to HLM, outlined the project costs at $200,000-225,000, a portion of the cost 20% Airport Commission/80% HLM, and estimated lease cost for HLM at $16,000-21,000. Schmeiser explained that different specifications for a smaller project would be used with the reletting of the bid, HLM will pay all costs associated with the bid if they decided against the corporate hangar, and the City will pay the costs associated with the reletting of the bid if the City decides against the project. In response to Zuber, Schmeiser said if the HLM hangar is not built, the Airport Commission will come back to the Council with a new proposal for equipment storage. Council agreed to allow the Airport Commission to proceed with negotiations with HLM and use $60,000 from the improvement reserve fund if an agreement is reached with HLM. Schmeiser said the Airport Commission would present the lease agreement to the Council for their approval. 7=do 4 W City space needs Reel 85-C39, Side 1 Berlin stated income laws have changed and it is more complex to develop a private proposal and, as noted in the April 26 space needs memo, there are strong arguments to not build on the Civic Center site. Mace Braverman distributed the design drawings of the Elks Building renovation project. In response to Strait, Braverman said the building will be entirely handicapped accessible with the possible exception of the third floor confer- ence room. Berlin reviewed the site proposals for the Civic Center locations, presented a chart outlining the three alternatives, and said the Unitarian Church favored the proposal which would extend north from the Civic Center lobby. Berlin said the Elks Building will provide about the same amount of space as the proposals. In response to Zuber, Vitosh explained that the lease purchase may be more feasible, is not less costly than GO bonds but will need voter approval. Vitosh said the sooner the City can make a decision about the Elks Building, the City can be involved with renovation plans. In response to Baker, Vitosh said the Elks Building costs would be an estimated $150,000 a year versus new construction costs with GO bonds at $204,000 a year. Strait inquired about what can Iowa City afford to spend without putting the City in a financial bind. Dickson raised concerns about staff overcrowding. Ambrisco inquired about parking problems in the Elks Building structure. Braverman said certified engineers have checked the structure. Berlin said renovation plans are required to be reviewed and certified by City staff. In response to Strait, Helling said the Elks Building should provide sufficient space for City staff for the next 20 years. Council agreed to continue the Elks Building purchase negotiations. Council time Reel 85-C39, Side 1 1. Council agreed to schedule a special Council meeting on May 14 at 6:30 to vote on the two Melrose Lake ordinances. 2. McDonald said a meeting should be scheduled to review the recommendations from the City Attorney Selection Committee and discuss the interview process. Interviews can be scheduled on May 31, June 3 or 4. A review of the criteria and outline of questions to be used during the interview will be discussed at the May 14 Council meeting. 3. Ambrisco stated the Capitol Street parking ramp seven foot clearance sign should be changed. Ambrisco noted that because of construction in the ramp, the clearance has been reduced. 4. Dickson reported that she visited Mesquakie Park and requested staff research uses of that park. Berlin will ask Parks and Recreation to study the use of the park and report to Council. Meeting adjourned at 9:15 p.m. i Informal City Council Discussion May 6, 1985 Informal Council Discussion: May 6, 1985, at 6:30 p.m, in the Council Chambers at the ivic en er. Mayor John McDonald presiding. Council Present: McDonald, Zuber, Strait, Dickson, Baker, Erdahl. Absent: AmbriscT . Staff Present: Berlin, Helling, Jansen, Karr, Smith, Boothroy, Milkman, Franklin, Robinson, Seydel. Take Recorded: Reel 85-C39, Side 2, 109 -End; Reel 85-C40, All, Reel 85-C41, Side 1, 1-49. Informal meeting agenda changed McDonald announced the City Manager and City Clerk evaluations have been rescheduled to June 3. Consultation with Planning and Zoning Commission Reel 85-C39, Side 2 McDonald explained that the number of roomers allowed in the RS -12 and RM -12 zones, classification of transient housing, accessory building coverage in rear yard, rezoning of property north of Shimek School and the Council -initiated action to rezone the U -Smash -'Em property needs to be discussed with the Planning and Zoning Commission. Scott said the transient housing and roomers issues were Planning and Zoning Commission originated; the accessory building coverage in rear yards was raised by staff, public and the Mayor; and the Shimek School area zoning change came from the co -chairperson of the environmental committee. Roomers in RS -12 - RM -12 Zones. Scott explained that the roomer issue was precipitated because of public input; the Planning and Zoning Commission recommended reducing the number of roomers in the RS -12 and RM -12 zones; the impact on the RS -12 zones would only apply to single family structures reducing roomers from three to two and duplexes two to one; and in RM -12 zone duplexes the number of people allowed in each side would be reduced from five unrelated individuals to four. In response to Baker, Franklin said one-half space of parking per roomer is required for duplexes and parking requirements for rooming houses are based on square footage. Strait asked if there would be problems if the Council made changes from the proposed ordinance. Jansen explained that if the Planning and Zoning Commission recommends certain changes, the Council should act on those recommendations to accept or reject them. If the ordinance changes are Council -initiated, they should be referred back to the Planning and Zoning Commission. Berlin asked if other properties in addition to the Glasgow property are being down zoned. Franklin said there are other properties within the larger RS -12 area that are owned by people other than Glasgow that are being considered for down zoning. Berlin raised concerns that those properties be removed from the adoption and dealt with individually later on. Erdahl said the Council could accept recommendations from Planning and Zoning Commission or accept what the Council had voted on previously or compromise with the Planning and Zoning Commission. In response to Erdahl, Jansen said a compromise with the Planning and Zoning Commission would be a second best approach but would be acceptable along with a consultation. Strait asked Jansen to define spot zoning. Jansen explained spot zoning is a rezoning of a property out of the character in its use with surrounding uses. In response to Strait, Jansen said it would make a difference if there was only one owner of the property. McDonald stated that he contacted people in the north section of town and now believes the rezoning would not have a significant impact on denying elderly an income or taking away inexpensive housing. Scott said the changes would have only a slight impact on the elderly. Zuber said a grandfathering provision should be included. Scott stated that rooming houses are treated differently; are looked at from a density standpoint because of their impact on surrounding neighbors; and parking is a consideration. Franklin noted that the ordinance as it is currently written contains no grace period and therefore anything existing now will continue until the use is abandoned. Erdahl raised concerns about enforcement of non -conforming uses and stated there should be a grace period included. Boothroy explained that the housing records do not show the number of people living in a dwelling. Council agreed to reduce the number of roomers in the RS -12 and R44-12 zones consistent with the Planning and Zoning recommendation and include a grace period dated December 31, 1986. Baker suggested that property owners be notified of the changes and the date the changes become effective. Berlin noted that it has beenpast practice that when a Council agrees to the changes they are committed to that decision if Councilmembers are then absent from the formal council meeting. Rezoning Shimek School Area RS -12 to RS -8. Scott explained that the land should not be developed as traditional single family because of the topogra- phy and land characteristics. It should be developed under a PAD or PDH. Scott said the Planning and Zoning Commission felt the RS -8 down zoning would force use of the PDN. McDonald said the three previous reasons to proceed with the higher density use were that it is close in, does not impact on existing neighbors, and would be sewered on a river trunk line. Franklin explained a previous council felt the area was appropriate for a high density single family use and possibly multi -family use with a review process and the lowest density that would trigger a PDH was RS -12 zone. Baker inquired about imposing a mandatory PDH zone. Franklin said a POH is voluntary action by the developer. In response to McDonald, Franklin said the RS -12 zone allows a higher density and may be more economically feasible to cluster than the RS -8 zone. Scott said the RS -8 zone is more limiting in developmental schemes by right and the RS -12 zone allows a higher density but it may be more advantageous to develop without a PDH; explained that he voted against the down zoning in favor of a POH-12 zone; and said the environmental committee requested the Planning and Zoning Commission to review this area's zoning. Baker noted that the RS -12 zone would allow 180 duplexes and that density would impact the area. McDonald said an extraordinary majority Council vote is needed to rezone RS -12 to RS -8 due to the objection by the property owner. Zuber and McDonald opposed the rezoning, Erdahl, Baker, Dickson and Strait favored the rezoning. = �I Harlocke/Weeber Rezoning. Franklin stated that Planning and Zoning did show the Harlocke/Weeber down zoning on the map. Berlin said staff recommended that it not be included in the readoption. Franklin said it will be shown as RM -44 the existing zoning under the present ordinance. Franklin noted the map will also be changed to reflect the Glasgow property at RS -12. U -Smash -'Em Building Proposal. McDonald said Council initiated action to rezone the property fronting Gilbert Street; a public hearing will be held at the May 7 formal Council meeting; and asked Planning and Zoning for comments regarding their action. Scott explained rezoning was denied based on parking concerns, the issue of location of Ecumenical Housing on Gilbert Street and potential uses of the parcel as presently owned by the City. Horowitz, a Planning and Zoning Commission member not in favor of denying the rezoning request, stated the rezoning and potential for elderly housing at that site would allow elderly to take part in the community and maintain the life of the inner city. In response to Zuber, Dr. Woodrow Morris said there are 81 units at the present Ecumenical Tower site and 18 of those residents have autos. Berlin said there are problems with the proposal to transfer the land because the purchase price of the land must cone close to the value of the land to comply with state law and because of the considerable cost to the City to develop the site. Scott explained 38 parking spaces will be removed and there will be additional traffic to service a 75 unit apartment building. Franklin informed Council that six votes would be needed to waive the readings. McDonald said the vote will need to be scheduled at the May 14 formal Council meeting. Berlin stated the City cannot contribute cash for the value of the property for tLe project; the City does not know the City's cost for developing the U -Smash -'Em site; and under state law, there are problems with relating the value of the land to the requirements of state law. Berlin said the City's cost could be an estimated $200,000. Jansen said alternatives need to be researched to justify the price to comply with state law. Seydel said that another developer will be offering a proposal for elderly housing. McDonald asked staff to schedule future consultation meetings with the Planning and Zoning Commission on the Planning and Zoning Commission regular informal meeting night. Planning and Zoning Matters Reel 85-C40, Side 2 Council requested no additional information regarding the Planning and Zoning matters scheduled for the May 7 formal Council meeting. Cottonwood Trees Reel 85-C40, Side 2 Erdahl stated his desire to amend the ordinance. McDonald said, based on discussion 4/30 and tonight, a majority of the Council favors amending the ordinance. Berlin said state law allows people to file a civil complaint against offending trees and the forester still has the authority to enforce trimming of dangerous trees. Jansen said the general nuisance section in the City Code specifying that any nuisance under state law, enforcement could be brought... will needed to be amended. Dickson suggested the legislative committee review this issue. 4 Mr. Meskimen asked Council to enforce the current ordinance and remove the cottonwood tree. McDonald said a majority of Council is in favor of amending the ordinance and grandfathering all existing cottonwood trees and retaining the tree. Council Time/Agenda Reel 85-C40, Side 1 1. Agenda item 33, sidewalk cafes. McDonald asked Council to defer action until May 14. Berlin said additional information will be sent to the Council. 2. McDonald informed Council that the June 3 and 4 Council meetings will be lengthy to allow Council to complete several pending issues. McDonald said interviews of the City Attorney applicants will be scheduled on June 3. McDonald requested a franchise discussion be scheduled on June 3. 3. Baker requested a Design Review Committee person be present at the May 20 Council discussion about newspaper vending machines. 4. Agenda item 32, amending Chapter 31 relating to street excavations. In response to Baker, Berlin said the City would not be exempt from require- ments that are applied to private developers. 5. Dickson asked that "No Dumping" signs be placed at the Mesquakie Park pond. Berlin said he will direct the staff to stop dumping at the site and post signs. 6. Agenda item 25. In response to Strait, Helling said the number of positions in the police department will not be increased for a change of a position within the department. 7. Karr inquired about Council's summer schedule and stated it is very important for six members to be present at the June 18 sidewalk assess- ment project vote. McDonald directed Karr to check on the possibility of scheduling the sidewalk assessment vote on June 4. 8. Berlin said the University has hired a consultant to study the Pentacrest and the University has asked the City not to work beyond the curb line on Clinton Street. McDonald said the City should attempt to complete the Clinton Street project by the Junior Olympics event date. Meeting adjourned at 8:55.