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HomeMy WebLinkAbout1985-06-04 Council minutesOFFICIAL COUNCIL ACTIONS - 5/14/85 The cost of publishing the following proceedings & claims is E Cumulative cost for this calendar ear for said publication is $ Iowa City Council, special mtg., 5/14/85, at 6:30 P.M. in the City Council Chambers of the Civic Center. Mayor Pro tem Erdahl presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, Strait. Absent: McDonald, Zuber. Moved by Strait, seconded by Dickson, that the following items in the Consent Calendar by received, or approved, and/or adopted as amended: Permit Motions and Resolutions: Approving Class C Liquor License for Munn's Saloon Vater! , 21 W. Benton Street. RES. 130Bk. 86, pp. 344-345, ISSUING CIGARETTE PERMITS. Correspondence: Charles A. Mullen, attorney for Viggo M. Jensen Company, regarding rezoning of property on Harlocke Street. Jan Madsen support- ing P&Z recomnendation not to rezone the S. Gilbert side for senior housing. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded by Dickson, to defer to 5/21/85 the Iowa City Zoning Ordinance and Map. The Mayor Pro tem announced that the Mayor was ill and would be unable to attend the meeting. A number of items on the agenda require six votes and will have to be deferred. The Mayor Pro tem declared the motion to defer carried unanimously, 5/0, McDonald, Zuber absent. Moved by Strait, seconded by Ambrisco, that the ordinance to change the name of Highlander Drive to Northgate Drive, be given second vote for passage. The Mayor Pro tem declared the motion carried, 4/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, Strait, Ambrisco. Nays: Baker. Absent: McDonald, Zuber. Moved by Strait, seconded by Ambrisco, to defer until 5/21/85 consideration of the ordinance to rezone property in the southwest quarter of the northeast quarter of the northwest quarter of Section 16 in Official Actions May 15, 1985 Page 2 Township 79 North, Range 6 West of the Fifth Principal Meridian (aka Neuzil property) from RM -12 to RS -8 and ordinance to rezone property bounded by University Heights to the north, the former CRISP railroad tracks to the east, the Lakewood Addition to the south and on the west by the east line of the southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian from RM -12 to RS -8. The Mayor Pro tem declared the motion to defer carried unanimously, 5/0, McDonald, Zuber absent. The Mayor Pro tem announced that the next item would also require the vote of six Councilmembers however, because of the urgency of the matter a motion and discussion should be held. Moved by Baker, seconded by Ambrisco, that 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, be given first vote for passage. Council - members Erdahl, Dickson, Ambrisco, Baker outlined their concerns regarding the project and their reasons for voting against the request. Councilmember Strait stated his support for the request. After discussion, the Mayor Pro tem declared the motion defeated, 1/4, with the following division of roll call vote: Ayes: Strait. Nays: Erdahl, Ambrisco, Baker, Dickson. Absent: McDonald, Zuber. W.W. Morris, President of Ecumenical Housing Corpora- tion, expressed appreciation for the Council and staff time. Rev. Bob Welsh read a joint statement from the Ecumenical Housing Corporation and the First Chris- tian Church. Moved by Dickson, seconded by Ambrisco, to accept the joint state- ment. The Mayor Pro tem declared the motion carried unanimously, 5/0, Mcdonald, Zuber absent. Moved by Ambrisco, seconded by Dickson, to defer indefinitely resolution authoriz- ing execution of a site option agreement for sale of property generally located I F Official Actions May 15, 1985 Page 3 approximately 107 feet in depth from the east line of Gilbert Street and immedi- ately south of Washington Street to the Bus Depot building for senior citizen housing. The Mayor Pro tem declared the motion carried, 5/0, McDonald, Zuber absent. Moved by Dickson, seconded by Baker, to adopt RES. 85-131, Bk. 86, pp. 346-348, PRELIMINARY RESOLUTION FOR THE CONSTRUC- TION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA; RES. 85-132, Bk. 86, p. 349, RESOLUTION FIXING VALUES OF LOTS; RES. 85-133, Bk. 86, pp. 350-351, RESOLD - TION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUC- TION OF THE FY1986 SIDEWALK ASSESSMENT PROJECT. RES. 85-134, Bk. 86, pp. 352-356, RESOLUTION OF NECESSITY (PRO- POSED). Lyle Seydel, 445 Garden, re- quested that Friendship Street be deleted from the project. The majority of Councilmembers present favored the deletion of the street from the project. The City Manager and City Attorney noted these resolutions set the public hearing for June 4th and requested Council amend the Resolution of Necessity after comments are heard at the public hearing. Affirma- tive roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolutions adopted. Moved by Ambrisco, seconded by Strait, that an ordinance amending Section 23-189 of the Municipal Code of Iowa City to set the speed limit of Scott Boulevard, be given second vote for passage. Affirma- tive roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance amending Section 23-161 of the Code of Ordinances of the City of Iowa City, Iowa, be given second vote for passage. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded by Dickson, that the ordinance amending Article II of Chapter 31 of the Code of Ordinances of the City of Iowa City, Iowa, relating to ._J Official Actions May 14, 1985 Page 4 street excavations by repealing said Article II and substituting in its place a new Article II of Chapter 31, which includes new Section 31-38, Exemption, be given second vote for passage. The City Manager explained this would allow for the City to use specific terms and conditions in their contracts and would avoid confusion re the City issuing themselves a permit for the work. Affirmative roll i call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded by Dickson, to defer indefinitely the ordinance amending Chapter 31 of the Code of Ordinances for the City of Iowa City, Iowa, by adding thereto Article VIII entitled "Sidewalk Cafes` The Mayor Pro tem dclared the motion to defer carried unanimouslyy, 5/0, McDonald, Zuber absent. Moved by Strait, seconded by Ambrisco, i that Ord. 85-3234, Bk. 25, pp. 98-100AMENDING31-1OF THE CODE , e • RDINANCESS ON OFITHE CITY OF IOWA CITY TO 1 !; DESIGNATE THE LOCATION WITHIN THE CITY WHERE CERTAIN SURFACE MATERIALS WITHIN THE P STREET RIGHT-OF-WAY ARE PROHIBIED, be !i passed and adopted. AffirmativTe roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the i ordinance adopted. Moved by Strait, seconded by Ambrisco, to adjourn at 7:20 PM. The Mayor Pro tem declared the motion carried. i A more complete description of Council actyvClerk,isCo/nnile Min the o face of the PRO s/MARIAN K. KARR CITY CLO TEM Submitted for publication 5/22/85 j I I COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES May 14, 1985 Iowa City Council, special mtg., 5/14/85, at 6:30 P.M. in the City Council Chambers of the Civic Center. Mayor Pro tem Erdahl presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, Strait. Absent: McDonald, Zuber. Staffn:enbers present: Berlin, Helling, Jansen, Karr, Parrott, Franklin, Boothroy, Farmer. Tape recorded on Tape 85-C42, Side 2, 432 -End; 85-C43, Side 1, 1-388. Moved by Strait, seconded by Dickson, that the following items in the Consent Calendar by received, or approved, and/or adopted as amended: Permit Motions and Resolutions: Approving Class C Liquor License for J.S. Mummey, Inc. dba Mumm's Saloon b Eatery, 21 W. Benton Street. RES. 85-130, Bk. 86, pp. 344-345, ISSUING CIGARETTE PERMITS. Correspondence: Charles A. Mullen, attorney for Viggo M. Jensen Company, regarding rezoning of property on Harlocke Street. Jan Madsen supporting P3Z recommendation not to rezone the S. Gilbert side for senior housing. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded by Dickson, to defer to 5/21/85 the Iowa City Zoning Ordinance and Map. The Mayor Pro ten announced that the Mayor was 111 and would be unable to attend the meeting. A number of items on the agenda require six votes and will have to be deferred. The Mayor Pro tem declared the motion to defer carried unanimously, 5/0, McDonald, Zuber absent. Moved by Strait, seconded by Ambrisco, that the ordinance to change the name of Highlander' Drive to Northgate Drive, be given second vote for. passage. Baker stated that he considers the naming of streets to be a City responsibility and would be voting against the requested change. The Mayor Pro tem declared the motion carried, 4/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, Strait, Ambrisco. Nays: Baker. Absent: McDonald, Zuber. Moved by Strait, seconded by Ambrisco, to defer until 5/21/85 consid- eration of the ordinance to rezone property in the southwest quarter of the northeast quarter of the northwest quarter of Section 16 in Township 79 North, Range 6 West of the Fifth Principal Meridian (aka Neuzil property) from RM -12 to RS -8 and ordinance to rezone property bounded by University Heights to the north, the former CRISP railroad tracks to the east, the Lakewood Addition to the south and on the west by the east line of the southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian from RM -12 to RS -8. The Mayor Pro tam declared the motion to defer carried unanimously, 5/0, McDonald, Zuber absent. The Mayor Pro tem announced that the next item would also require the vote of six Councilmembers however, because of the urgency of the matter a motion and discussion should be held. Moved by Baker, seconded by Ambrisco, that an ordinance to rezone from Public (P) to Central Business Service Zone (CB -2) property generally located immediately south of Council Activities May 14, 1985 Page 2 Washington Street to the bus depot building and approximately 107 feet in depth from the east line of Gilbert Street for senior citizen housing, be given first vote for passage. Councilmembers Erdahl, Dickson, Ambrisco, Baker outlined their concerns regarding the project and their reasons for voting against the request. Councilmember Strait stated his support for the request. After discussion, the Mayor Pro tem declared the motion defeated, 1/4, with the following division of roll call vote: Ayes: Strait. Nays: Erdahl, Ambrisco, Baker, Dickson. Absent: McDonald, Zuber. W.N. Morris, President of Ecumenical Housing Corporation, ex- pressed appreciation for the Council and staff time. Rev. Bob Welsh read a joint statement from the Ecumenical Housing Corporation and the First Christian Church. Moved by Dickson, seconded by Ambrisco, to accept the joint statement. The Mayor Pro tem declared the motion carried unani- mously, 5/0, Mcdonald, Zuber absent. Moved by Ambrisco, seconded by Dickson, to defer indefinitely resolu- tion 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 Pro tem declared the motion carried, 5/O, McDonald, Zuber absent. Moved by Dickson, seconded by Baker, to adopt RES. 85-131, Bk. 86, p 346-348, PRELIMINARY RESOLUTION ,FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA; RES. 85-132, Bk. 86, p. 349, RESOLUTION FIXING VALUES OF LOTS; RES. 85-133, Bk. 86, pp. 350-351, RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY1986 SIDEWALK ASSESSMENT PROJECT. RES. 85-134, Bk. 86, pp. 352-356, RESOLUTION OF NECESSITY (PROPOSED). Lyle Seydel, 445 Garden, requested that Friend- ship Street be deleted from the project. The majority of Councilmembers present favored the deletion of the street from the project. The City Manager and City Attorney noted these resolutions set the public hearing for June 4th and requested Council amend the Resolution of Necessity after comments are heard at the public hearing. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolutions adopted. Moved by Ambrisco, seconded by Section 23-189 of the Municipal Code of Scott Boulevard, be given second call vote unanimous, 5/0, McDonald, declared the motion carried. Strait, that an ordinance amending of Iowa City to set the speed limit vote for passage. Affirmative roll Zuber absent. The Mayor Pro tem Moved by Ambrisco, seconded by Strait, that the ordinance amending Section 23-161 of the Code of Ordinances of the City of Iowa City, Iowa, be given second vote for passage. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded by Dickson, 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 Council Activities May 14, 1985 Page 3 includes new Section 31-38, Exemption, be given second vote for passage. The City Manager explained this would allow for the City to use specific terms and conditions in their contracts and would avoid confusion re the City issuing themselves a permit for the work. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded by Dickson, to defer indefinitely the ordinance amending Chapter 31 of the Code of Ordinances for the City of Iowa City, Iowa, by adding thereto Article VIII, entitled 'Sidewalk Cafes% The Mayor Pro tem dclared the motion to defer carried unani- mously, 5/0, McDonald, Zuber absent. Moved by Strait, seconded by Ambrisco, that Ord. 85-3234, Bk. 25, pp. 98-100, 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 -WRY ARE PROHIBITED, be passed and adopted. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the ordinance adopted. Moved by Strait, seconded by Ambrisco, to adjourn at 7:20 PM. The Mayor Pro tem declared the motion carried. ATTEST: MARIAN K. KARR, CITY CLERK MAYOR PRO TEM OFFICIAL COUNCIL ACTIONS - 5/21/85 The cost of publishing the following proceedings & claims is E Cumulative cost for this ca endai r year for said publication is E Iowa City Council, reg. mtg., 5/21/85, at 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, McDonald. Absent: Erdahl, Strait, Zuber. The Mayor announced the following changes to the Consent Calendar: item 2c(8) addition of resolution issuing cigarette permits and item 2c(9) resolu- tion adopting Supplement f24 to the Code of Ordinances. Moved by Ambrisco, seconded by Dickson, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 5/7/85, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing Appeals Bd. - 4/9/85; Re- sources Conservation Comm. - 4/8/85; Senior Center Comm. - 4/11/85; Airport Comm. - 4/17/85; Urban Environment Ad Hoc Comm. - 3/19/85, 4/30/85; Mayor's Youth Employment Bd. - 3/20/85; Parks & Rec. Comm. -5/8/85; Neighborhood Open Space Advisory Comm. - 4/11/85, 4/25/85; Housing Comm. - 5/14/85. Permit Motions: Approving Class C Beer Permit and Sunday Sales for Knox Kerr McGee Station, 2229 Muscatine Avenue. Approving Class A Liquor License and Sunday Sales for VFW LeRoy Weeks Post 83949, 609 Hwy. 6 By -Pass. Approving Class C Beer Permit and Sunday Sales for Michael's Cheese and Gourmet, Ltd., 201 S. Clinton Street. Approving Class C Liquor License and Sunday Sales for Colonial Bowling Lanes, 2253 Hwy. 218 S. Approving Class C Liquor License and Sunday Sales for King Richard's, Sycamore Mall. Approving Class C Liquor License for Fitzpatrick's, 525 South Gilbert. Approving Class C Liquor License for The Airliner, 22 South Clinton. RES. 85-135, Bk. 86, pp. 357-358, ISSUING CIGARETTE PERMITS. Official Actions May 21, 1985 Page 2 I RES. 85-136, Bk. 86, p. 359, ADOPTING SUPPLEMENT #24 to the Code of Ordi- nances. Motions: Approving disbursements in the amount of $1,952,792.25 for the period of 4/1 through 4/30/85, as recommended by the Finance Dir., subject to audit. Setting public hearings: RES. 85-137, Bk. 86, p. 360, TO SET A PUBLIC HEARING ON 6/4/85, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY86 LANDFILL EXCAVATION PROJECT. RES. 85-138, Bk. 86, p. 361, TO SET A PUBLIC HEARING ON PLANS, SPECIFICATION, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DUBUQUE STREET PARKING RAMP EXPANSION PROJECT AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. To set a public hearing for 6/4/85, concerning an amendment to Chapter 8, Article 5, of the Code of Ordinances relating to house moves. RES. 85-139, Bk. 86, pp. 362-365, DIRECTING THE PUBLICATION OF A NOTICE OF PROPOSAL TO ADOPT A SUPPLEMENTAL RESOLUTION TO INCREASE THE ISSUANCE GRANTED BY PRELIMINARY APPROVAL FROM $2,450,000 TO $2,500,000 AND A NOTICE OF INTENTION TO ISSUE $400,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MILLARD WAREHOUSE PROJECT), SERIES C OF THE CITY OF IOWA CITY, IOWA, AND CALLING A PUBLIC HEARING FOR 6/18/85, ON THE PROPOSAL TO ADOPT THE SUPPLE- MENTAL RESOLUTION AND TO ISSUE SAID BONDS. Correspondence: Letter of appreciation from HACAP for assistance provided in finding a location for the Head Start Program. Nancy Goldsmith regarding the petition to save the cottonwood tree on Penfro Drive. George Nagle requesting expansion of the IRB eligibility area to include 510 South Clinton Street. John D. Cruise, attorney representing George Nagle and Michael Furman, requesting a ■ Official Actions May 21, 1985 Page 3 reply as soon as possible to the request for expansion of the IRB eligibility area. Irving B. Weber thanking the Council for the 1985 Preservation Week Award. Charles H. Nadler, attorney, representing a client who wishes to have a business in Iowa City of a horse-drawn vehicle for hire with attached proposed ordinance, requesting that the City amend the Code to permit the licensing of horse-drawn vehicles for hire, Legal Dept. to review. Memo from the Traffic Engr. re parking prohibition on Scott Boulevard. Michael Kattchee, Mayor of Coralville, endorsing Iowa City's efforts to regulate activities for a certain section of the Iowa River. Applications for Use of Streets and Public Grounds: Marnetta Shetler for use of public sidewalks for a silent peace vigil on 5/15, 22 and 29, 1985, approved. Anthony J. Hemann of the Homecoming Council for permission to have the Homecoming Parade on 10/4/85, approved. Bob Brown and Jane Kerr for permission to have the Ronald McDonald House Run 6/2/85, between the hours of 8:30 a.m. and 12:00 noon, approved. Ms. Pat Van Eck to have the Memorial Day observance on Park Road Bridge and at Oakland Cemetery on 5/27/85, approved. Ed Arensdorf to have a Library Staff Run on 6/2/85, beginning at 12:00 noon, approved. Sherry King to have the Mother's Day Run on 5/12/85, approved. City Plaza Use Permits: KRNA radio for permission to have a remote broadcast from City Plaza to benefit the Kenny Arnold Fund on 5/10/85, approved. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Baker, seconded by Ambrisco, to set a public hearing on 6/4/85, on an amendment to the Zoning Ordinance to revise the notice requirements for Board I Officia'1 Actions May 21, 1985 Page 4' of Adjustment actions. The Mayor declared the motion carried unanimously, 4/0, Erdahl, Strait, Zuber absent. A public hearing was held on an ordinance to repeal the Planned Develop- ment Housing (PDH) plan for Hunter's Run Subdivision Parts Two and Three. Moved by Baker, seconded by Ambrisco, to set a public hearing on 6/18/84, on a resolution approving the preliminary Plat/Planned Development Housing plan for Vista Park Village. The Mayor declared the motion carried unanimously, 4/0, Erdahl, Strait, Zuber absent. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-140, Bk. 86, p, 366, APPROVING A PRELIMINARY AND FINAL LSRD PLAN FOR MCBRIDE ADDITION, INC., LOT 2, BDI SECOND ADDITION. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-141, Bk. 86, p, 367, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT (LSRD) PLAN FOR 510 CLINTON STREET COMPLEX. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to defer to 6/4/85 an ordinance to change the name of Highlander Drive to Northgate Drive. The Mayor declared the motion carried, Baker voting "no," Erdahl, Strait, Zuber absent. Moved by Baker, seconded by Dickson, to defer to 6/4/85 consideration of the Iowa City Zoning Ordinance and Map. The Mayor declared the motion carried, 4/0, Erdahl, Strait, Zuber absent. Moved by Baker, seconded by Dickson, to defer to 6/4/85 an ordinance to rezone property in the southwest quarter of the northeast quarter of the northwest quarter of Section 16 in Township 79 North, Range 6 West of the Fifth Principal Meridian (aka Neuzil property) from RM -12 to RS -8. The Mayor declared the motion carried, 4/0, Erdahl, Strait, Zuber absent, Moved by Baker, seconded by Dickson, to defer to 6/4/85 an ordinance to rezone property bounded by University Heights to I ) I' Official Actions May 21, 1985 Page 5 the north, the former CRI&P railroad tracks to the east, the Lakewood Addition to the south and on the south and on the i west by the east line of the southwest I quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 Nest of the Fifth Principal Meridian from RM -12 to RS -8. The Mayor declared the motion carried, i 4/0, Erdahl, Strait, Zuber absent. A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of the Handicapped Accessible Public Rest- room, Upper City Park. Moved by Dickson, seconded by AmbriSco, to adopt RES. 85-142, Bk. 86, p, j 368, APPROVING PLANS, SPECIFICATIONS, FORM ? OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE HANDICAPPED ACCESSIBLE j PUBLIC RESTROOM, UPPER CITY PARK AND AUTHORIZING BIDS TO BE RECEIVED 6/11/85. j Affirmative roll call vote unanimous, 4/0, S Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on the FY85 Operating Budget Amendment. i Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-143, Bk. 86, p. I 369, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1985. Affirma- tive roll call vote unanimous, 4/0, j Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted, i A public hearing was held on the FY85 Proposed Capital Projects Fund Budget. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-144, Bk. 86, p. 370, ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1985. j Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. ? A public hearing was held on the City of Iowa City's FY86 State Transit Assis- tance Application. Moved by Dickson, seconded by i Ambrisco, to re -appoint Ann Bovbjerg, 1710 Ridge Road, to the Board of Library Trustees for six-year term ending 7/1/91 and defer the two remaining vacancies to i the 6/4/85 meeting; to appoint Agnes Kuhn, j 1185 E. Jefferson Street, to the Committee i Official Actions May 21, 1985 Page 6 on Community Needs for a three-year term ending 7/1/88; to appoint Jan Wielert, 1414 Sycamore Street, to the Riverfront Commission for an unexpired term plus a three-year term ending 12/1/88 and readvertise the vacancy for the unexpired term ending 12/1/86; to defer appointments to the Resources Conservation Commission until 6/4/85. The Mayor declared the motion carried unanimously, 4/0, Erdahl, Strait, Zuber absent. Councilmember Baker inquired about the rules for low flying airplanes over Iowa City near the Kirkwood, Diane Street area. City Mgr. will notify the proper authori- ties. Councilmember Ambrisco inquired when the bicycle lane markings on Market Street will be removed, referred to PW Dept. Councilmember Dickson questioned if anything more had been received about the toxic waste in relationship to the University. City Mgr. stated he discussed it with Casey Mahon and will follow up. The recommendations of the Parks and Recreation Commission that in light of the solution proposed; of the critical historical problems, particularly the over -use of the pool at the Community Recreation Center; the deteriorating condition of the two existing outdoor pools; the critical lack of gymnasium space; that the Parks 'and Recreation Commission endorse heartily the approach of renovating the west side (City Park) pool, abandoning the Mercer Park pool, and constructing a multi-purpose facility. The Commission authorizes the Acting Director of Parks and Recreation to take such steps, as necessary, to bring this matter to the attention of the City Mgr., City Council, the school district, and other interested groups, with the intent of placing before the public a bond issue in the fall. The Mayor stated this was discussed on the informal meeting of 5/14 and consensus of the Council at that time was additional information should be received from staff. City Mgr. noted that the engineering evaluation is being updated, also a similar review made of the Mercer Park pool. I I i I I I I Official Actions May 21, 1985 Page 7 The recommendations of the Housing Commission noted as follows: (1) That the City of Iowa City not sell the property known as the Chauncey Swan Parking area nor commit it for non-governmental usage until some kind of long-range study as to the future needs of the City of Iowa City could be made. (Extracted for Special Meeting of May 14, 1985.) (2) That Council approve amendments to Rental Rehabilitation Program by a) increasing size of target area by adding five blocks on west side of North Dubuque Street; b) increasing unit size eligibility by lifting 11 -unit maximum but retaining "preference" for projects of 1-11 units. No action is required at this time. Moved by Ambrisco, seconded by Dickson, to 'adopt RES. 85-145, Bk. 86, p. 371, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE MELROSE COURT IMPROVEMENTS PROJECT TO METRO PAVERS, INC. OF IOWA CITY, IOWA. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-146, Bk. 86, p. 372, ESTABLISHING A RESIDENTIAL SOLID WASTE COLLECTION FEE. City Mgr. stated the recent legislation passing a 25t per ton levy for all refuse except rubble was not considered during discussions for next year's budget which could affect the new collection fee. Baker noted that the press should be notified regarding the new legislation. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-147, Bk. 86, pp. 373-378, AUTHORIZING THE CITY OF IOWA CITY TO ENTER A CONTRACT WITH TRINITY EPISCOPAL CHURCH TO PROVIDE THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-148, Bk. 86, pp. 379-380, TO ADOPT AN AMENDMENT TO THE INDUSTRIAL I. i Official Actions May 21, 1985 Page 8 REVENUE BOND POLICY FOR THE CITY OF IOWA CITY, IOWA, ENLARGING THE CHAPTER 403 AREA ELIGIBLE TO APPLY FOR INDUSTRIAL REVENUE BONDS. The Mayor noted the area is adjacent to the area that is now eligible, north of the railroad tracks, east of Madison Street and west of Gilbert Street, up to Court Street. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-149, Bk. 86, pp. 381-382, AUTHORIZING THE EXECUTION OF AMENDMENT TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT #K9166 PROJECT IA05P0220O4. (Shamrock Place) Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Baker, seconded by Dickson, that the ordinance revising City Code of Ordinances, Chapter 2, Division 4, to provide for a full-time City Attorney, be given first vote for passage. The Mayor declared the motion carried, 4/0, Erdahl, Strait, Zuber absent. Moved by Ambrisco, seconded by Baker, that ORD. 85-3235, Bk. 25, pp. 101-107, AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY TO SET THE SPEED LIMIT OF SCOTT BOULEVARD, be passed and adopted. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, that ORD. 85-3236, Bk. 25, pp. 108-110, AMENDING SECTION 23-161 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (caution after a stop) be passed and adopted. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the ordinance adopted. 14oved by Ambrisco, seconded by Dickson, that OPD. 85-3237, Bk. 25, p. 111-121, AMENDING ARTICLE 1I 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 31-38, EXEMPTION, be passed - i i Official Actions May 21, 1985 Page 9 and adopted. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, to adjourn 8:05 p.m. The Mayor declared the motion carried unanimously, 4/0, Erdahl, Strait, Zuber absent. For a more detailed & complete description of Council Activities & Disbursements, see Offi Ci �f`.1�erk ,--and Financertment. 6OIF s/JDH CD NAL MAY / RWNA PARROTT, D CITY CLERIC Submitted for publication on 5/30/85 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES May 21, 1985 Iowa City Council, reg. mtg., 5/21/85, at 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, McDonald. Absent: Erdahl, Strait, Zuber. Staffinembers present: Berlin, Helling, Jansen, Parrott, DeMarce, Franklin, Farmer, Cassady, Cain, Vitosh, Penney. Council minutes tape recorded on Tape 85-C43, Side 1, 388 -End and Side 2, 1-206. The Mayor announced the following changes to the Consent Calendar: item 2c(8) addition of resolution issuing cigarette permits and item 2c(9) resolution adopting Supplement #24 to the Code of Ordinances. Moved by Ambrisco,seconded by Dickson, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 5/7/85, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing Appeals Bd. - 4/9/85; Resources Conservation Comm. - 4/8/85; Senior Center Comm. - 4/11/85; Airport Comm. - 4/17/85; Urban Environment Ad Hoc Comm. - 3/19/85, 4/30/85; Mayor's Youth Employment Bd. - 3/20/85; Parks & Rec. Comm. -5/8/85; Neighborhood Open Space Advisory Comm. - 4/11/85, 4/25/85; Housing Comm. - 5/14/85. Permit Motions: Approving Class C Beer Permit and Sunday Sales for Knox Corporation dba Knox Kerr McGee Station, 2229 Muscatine Avenue. Approving Class A Liquor License and Sunday Sales for VFW LeRoy Weeks Post #3949, 609 Hwy. 6 By -Pass. Approving Class C Beer Permit and Sunday Sales for Morgan Dean Jones dba Michael's Cheese and Gourmet, Ltd., 201 S. Clinton Street. Approving Class C Liquor License and Sunday Sales for Pershell Corporation dba Colonial Bowling Lanes, 2253 Hwy. 218 S. Approving Class C Liquor License and Sunday Sales for Richard and Shelly Seymour dba King Richard's, Sycamore Mall. Approving Class C Liquor License for Gary Fitzpatrick dba Fitzpatrick's, 525 South Gilbert. Approving Class C Liquor License for Spayer & Company, Ltd, dba The Airliner, 22 South Clinton. -RES. 85-135, Bk. 86, pp. 357-358, ISSUING CIGARETTE PERMITS. RES. 85-136, Bk. 86, p. 359, ADOPTING SUPPLEMENT #24 to the Code of Ordinances. Motions: Approving disbursements in the amount of $1,952,792.25 for the period of 4/1 through 4/30/85, as recommended by the Finance Dir., subject to audit. Setting public hearings: RES. 85-137, Bk. 86, p. 360, TO SET A PUBLIC HEARING ON 6/4/85, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY96 LANDFILL EXCAVATION PROJECT. RES. 85-138, Bk. 86, p. 361, TO SET A PUBLIC HEARINk/W PLANS, SPECIFICATION, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DUBUQUE STREET PARKING RAMP EXPANSION PROJECT AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. To set a public i hearing for 6/4/85, concerning an amendment to Chapter 8, Article 5, of the 362-365e of IRECTINGnces THErPUBLICATIONto house AmNOTICE RES OF PROPOSA! TO ADOPT p SUPPLEMENTAL RESOLUTION TO INCREASE THE ISSUANCE GRANTED BY PRELIMINARY APPROVAL FROM $2,450,000 TO $2,500,000 AND A NOTICE OF INTENTION TO ISSUE $400,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MILLARD WAREHOUSE PROJECT), SERIES C OF THE CITY OF IOWA CITY, IOWA, AND CALLING A PUBLIC HEARING FOR 6/18/85, ON THE PROPOSAL TO ADOPT THE SUPPLEMENTAL RESOLUTION AND TO ISSUE SAID BONDS. Correspondence: Letter of appreciation from HACAP for assistance provided in finding a location for the Head Start Program. Nancy Goldsmith regarding the petition to save the cottonwood tree on Penfro Drive. George Nagle requesting expansion of the IRB eligibility area to include 510 South Clinton Street. John D. Cruise, attorney representing George Nagle and Michael Furman, requesting a reply as soon as possible to the request for expansion of the IRB eligibility area. Irving B. Weber thanking the Council for the 1985 Preservation Week Award. Charles H. Nadler, attorney, representing a client who wishes to have a business in Iowa City of a horse-drawn vehicle for hire with attached proposed ordinance, requesting that the City amend the Code to permit the licens- ing of horse-drawn vehicles for hire, Legal Dept. to review. Memo from the Traffic Engr. re parking. prohibition on Scott Boulevard. Michael Kattchee, Mayor of Coralville, endorsing Iowa City's efforts to regulate activities for a certain section of the Iowa River. Applications for Use of Streets and Public Grounds: Marnetta Shetler for use of public sidewalks for a silent peace vigil on 5/15, 22 and 29, 1985, approved. Anthony J. Hemann of the Homecoming Council for permis- sion to have the Homecoming Parade on 10/4/85, approved. Bob Brown and Jane Kerr for permission to have the Ronald McDonald House Run 6/2/85, between the hours of 8:30 a.m. and 12:00 noon, approved. Ms. Pat Van Eck to have the Memorial Day observance on Park Road Bridge and at Oakland Cemetery on 5/27/85, approved. Ed Arensdorf to have a Library Staff Run on 6/2/85, beginning at 12:00 noon, approved. Sherry King to have the Mother's Day Run on 5/12/85, approved. City Plaza Use Permits: KRNA radio for permission to have a remote broadcast from City Plaza to benefit the Kenny Arnold Fund on 5/10/85, approved. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Baker, seconded by Ambrisco, to set a public hearing on 6/4/85, on an amendment to the Zoning Ordinance to revise the notice requirements for Board of Adjustment actions. The Mayor declared the motion carried unani- mously, 4/0, Erdahl, Strait, Zuber absent. A public hearing was held on an ordinance to repeal the Planned Develop- ment Housing (PDH) plan for Hunter's Run Subdivision Parts Two and Three. No one appear?d. Moved by Baker, seconded by Ambrisco, to set a public hearing on 6/18/84, on a resolution approving the preliminary plat/Planned Development Housing plan for Vista Park Village. The Mayor declared the motion carried unani- mously, 4/0, Erdahl, Strait, Zuber absent. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-140, Bk. 86, p. 366, APPROVING A PRELIMINARY AND FINAL LSRO PLAN FOR MCBRIDE ADDITION, INC., LOT 2, BDI SECOND ADDITION. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-141, Bk. 86, p. 367, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT (LSRO) PLAN FOR 510 CLINTON STREET COMPLEX. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to defer to 6/4/85 an ordinance to change the name of Highlander Drive to Northgate Drive. The Mayor declared the motion carried, Baker voting "no," Erdahl, Strait, Zuber absent. Moved by Baker, seconded by Dickson, to defer to 6/4/85 consideration of the Iowa City Zoning Ordinance and Map.. The Mayor declared the motion carried, 4/0, Erdahl, Strait, Zuber absent. Moved by Baker, seconded by Dickson, to defer to 6/4/85 an ordinance to rezone property in the southwest quarter of the northeast quarter of the northwest quarter of Section 16 in Township 79 North, Range 6 West of the Fifth Principal Meridian (aka Neuzil property) from RM -12 to RS -8. The Mayor declared the motion carried, 4/0, Erdahl, Strait, Zuber absent. Moved by Baker, seconded by Dickson, to defer to 6/4/85 an ordinance to rezone property bounded by University Heights to the north, the former CRI&P railroad tracks to the east, the Lakewood Addition to the south and on the south and on the west by the east line of the southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian from RM -12 to RS -8. The Mayor declared the motion carried, 4/0, Erdahl, Strait, Zuber absent. A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of the Handicapped Accessible Public Restroom, Upper City Park. Acting Parks & Recreation Director Cassady showed a picture of the facility to the Councilmembers. Moved by Dickson, seconded by Ambrisco, to adopt RES. 85-142, Bk. 86, p. 368, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE HANDICAPPED ACCESSIBLE PUBLIC RESTROOM, UPPER CITY PARK AND AUTHORIZING BIDS TO BE RECEIVED 6/11/85. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on the FY85 Operating Budget Amendment. No one appeared. I 4 Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-143, Bk. 86, p. 369, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1985. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on the FY85 Proposed Capital Projects Fund Budget. No one appeared. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-144, Bk. 86, p. 370, ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1985. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on the City of Iowa City's FY86 State Transit Assistance Application. No one appeared. Moved by Dickson, seconded by Ambrisco, to re -appoint Ann Bovbjerg, 1710 Ridge Road, to the Board of Library Trustees for six-year term ending 7/1/91 and defer the two remaining vacancies to the 6/4/85 meeting; to appoint Agnes R. Kuhn, 1185 E. Jefferson Street, to the Committee on Community Needs for a three-year term ending 7/1/88; to appoint Jan S. Wielert, 1414 Sycamore Street, to the Riverfront Commission for an unexpired term plus a three-year term ending 12/1/88 and readvertise the vacancy for the unexpired term ending 12/1/86; to defer appointments to the Resources Conservation Commission until 6/4/85. The Mayor declared the motion carried unanimously, 4/0, Erdahl, Strait, Zuber absent. Councilmember Baker inquired about the rules for low flying airplanes over Iowa City near the Kirkwood, Diane Street area. City Mgr. will notify the proper authorities. Councilmember Ambrisco inquired when the bicycle lane markings on Market Street will be removed, referred to PW Dept. Council - member Dickson questioned if anything more had been received about the toxic waste in relationship to the University. City Mgr. stated he discussed it with Casey Mahon and will follow up. The recommendations of the Parks and Recreation Commission that in light of the solution proposed; of the critical historical problems, particularly the over -use of the pool at the Community Recreation Center; the deteriorat- ing condition of the two existing outdoor pools; the critical lack of gymnasium space; that the Parks and Recreation Commission endorse heartily the approach of renovating the west side (City Park) pool, abandoning the Mercer Park pool, and constructing a multi-purpose facility. The Commission authorizes the Acting Director of Parks and Recreation to take such steps, as necessary, to bring this matter to the attention of the City Mgr., City Council, the school district, and other interested groups, with the intent of - placing before the public a bond issue in the fall. The Mayor stated this was discussed on the informal meeting of 5/14 and consensus of the Council at that time was additional information should be received from staff. City Mgr, noted that the engineering evaluation is being updated, also a similar review made of the Mercer Park pool. The reccmmendations of the Housing Commission noted as follows: (1) That the City of Iowa City not sell the property known as the Chauncey Swan Parking area nor commit it for non-governmental usage until some kind of long-range study as to the future needs of the City of Iowa City could be made. (Extracted for Special Meeting of May 14, 1985.) (2) That Council approve amendments to Rental Rehabilitation Program by a) increasing size of target area by adding five blocks on west side of North Dubuque Street; b) increasing unit size eligibility by lifting 11 -unit maximum but retaining "preference" for projects of 1-11 units. No action is required at this time. Moved by Ambrisco, seconded by Dickson, to adopt.RES. 85-145, Bk. 86, p. 371, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE MELROSE COURT IMPROVEMENTS PROJECT TO METRO PAVERS, INC. OF IOWA CITY, IOWA. Dickson noted the differ- ence in the Engineer's estimate and actual bid received. Affirmative roll call vote'unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-146, Bk., 86, p. 372, ESTABLISHING A RESIDENTIAL SOLID WASTE COLLECTION FEE. City Mgr. stated the recent legislation passing a 259 per ton levy for all refuse except rubble was not considered during discussions for next year's budget which could affect the new collection fee. Baker noted that the press should be notified regarding the new legislation. Affirmative roll call vote unani- mous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-147, Bk. 86, pp. 373-378, AUTHORIZING THE CITY OF IOWA CITY TO ENTER A CONTRACT WITH TRINITY EPISCOPAL CHURCH TO PROVIDE THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. Ambrisco.inquired as to the counterpart of the program during other times of the year. City Mgr. and staff member Penney assured Council that the school lunch program is in effect during the school year. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-148, Bk. 86, pp. 379-380, TO ADOPT AN AMENDMENT TO THE INDUSTRIAL REVENUE BOND POLICY FOR THE. CITY OF IOWA CITY, IOWA, ENLARGING THE CHAPTER 403 AREA ELIGIBLE TO APPLY FOR INDUSTRIAL REVENUE BONDS. The Mayor noted the area is adjacent to the area that is now eligible, north of the railroad tracks, east of Madison Street and west of Gilbert Street, up to Court Street. Basically it would be the privately owned areas from Court Street south to the railroad tracks with Gilbert and Madison Streets being the other boundaries. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-149, Bk. 86, pp. 381-382, AUTHORIZING THE EXECUTION OF AMENDMENT TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT 6K9166 PROJECT IA05PO22004. (Shamrock Place) Af- firmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the resolution adopted. Moved by Baker, seconded by Dickson, that the ordinance revising City Code of Ordinances, Chapter 2, Division 4, to provide for a full-time City Attorney, be given first vote for passage. The Mayor declared the motion. carried, 4/0, Erdahl, Strait, Zuber absent. 6 Moved by Ambrisco, seconded by Baker, that ORD. 85-3235, Bk. 25, pp. 101-107, AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY TO SET THE SPEED LIMIT OF SCOTT BOULEVARD, be passed and adopted. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, that ORD. 85-3236, Bk. 25, pp. 108-110, AMENDING SECTION 23-161 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (caution after a stop) be passed and adopted. Affirmative roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the ordinance adopted. f Moved by Ambrisco, seconded by Dickson, that ORD. 85-3237, Bk. 25, p. 111-121, 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, f WHICH INCLUDES NEW SECTION 31-38, EXEMPTION, be passed and adopted. Affirma- tive roll call vote unanimous, 4/0, Erdahl, Strait, Zuber absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, to adjourn 8:05 p.m. The Mayor declared the motion carried unanimously, 4/0, Erdahl, Strait, Zuber absent, i i { JOHN MCDONALD, MAYOR I � i RAMONA PARROTT, DEPUTY CITY CLERK i I i i i i I C COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES June 4, 1985 Iowa City Council, reg. mtg., 6/4/85, at 7:30 P.M. at the Civic Center, Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: none. Staffinembers present: Berlin, Jansen, Karr, Franklin, Seydel, Fosse, Farmer, Lundell, Penney, Gannon. Council minutes tape recorded on Tape 85-C43, Side 2, 206 -End; Tape 85-C48, all; Tape 85-C49, Side 1, 1 -End. The Mayor proclaimed June 1985 as Iowa River Month and read a proclama- tion honoring Project GREEN. Moved by Strait, seconded by Ambrisco, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: I � i Approval of Official Council Actions of the special meeting of 5/14/85 and the regular meeting of 5/21/85, as published, subject to j correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Neighborhood Open Space Advisory Committee -5/9/85; Historic Preservation Comm. -5/8/85; Urban Environment Ad Hoc Committee -5/15/85; Bd. of Library Trustees -5/23/85; Riverfront Comm. -5/1/85; Committee on Community Needs -5/21/85. � I Permit Motions: Approving Class C Beer Permit and Sunday Sales for i Pester Marketing Company dba Pester Marketing #58, 606 S. Riverside. Approving Class C Beer Permit and Sunday Sales for Krause Gentle Oily Corporation dba Kum & Go #422, 513 S. Riverside. Approving Class C Beer Permit and Sunday Sales for Drug Fair, Inc. dba Peoples Drug #5247, 2425 Muscatine Avenue. Approving Class C Beer -Wine License and Sunday Sales for Michael O.L. Chan dba Canton House, 713-715 S. Riverside. Approving Class C Beer Permit and Sunday Sales for Sinclair Marketing, Inc. dba j Sinclair Retail Station & Convenience Store, 731 Riverside. Approving Class C Liquor License for Michelle Ltd. dba R.T. Grunts, 826 S. Clinton. i Approving Class B Liquor License and Sunday Sales for Howard Johnson and Charles L. Sturgell dba Howard Johnson's, N. Dodge. Petition: Suspension or remission of taxes on account of age for Opal Hochstetler. Setting Public Hearings: RES. 85-150, Bk. 86, p. 383, TO SET A PUBLIC HEARING FOR 6/18/85 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND i ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT. RES. 85-151, Bk. 86, p. 384, TO SET A PUBLIC HEARING FOR 6/18/85 ON THE PROPOSED FARE INCREASE FOR IOWA CITY TRANSIT. j Resolutions, Bk. 86: RES. 85-152, pp, 385-388, AUTHORIZING CONTRACT FOR YOUTH SERVICES WITH THE BIG BROTHERS/RIG SISTERS PROGRAM IN JOHNSON j COUNTY, FY86 funding $24,091; RES. 85-153, pp.389-392, AUTHORIZING CONTRACT FOR EMERGENCY ASSISTANCE WITH THE IOWA CITY CRISIS INTERVENTION CENTER, FY86 funding $17,362; RES. 85-154, pp, 393-396, AUTHORIZING CONTRACT WITH THE DOMESTIC VIOLENCE PROJECT, FY86 funding $12,000; RES. 85-155, pp. 397-401, AUTHORIZING CONTRACT FOR ELDERLY SERVICES WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY, FY86 funding $27,836; RES. i c Council Activities June 4, 1985 Page 2 85-156, pp: 402-405, AUTHORIZING CONTRACT FOR PROJECT HEAD START WITH THE HAWKEYE AREA COMMUNITY ACTION PROGRAM, INC., FY86 funding $2,277; RES.- 85-157, ES,85-157, pp. 406-409, AUTHORIZING CONTRACT FOR YOUTH SERVICES WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM, FY86 funding $29,000; RES. 85-158, pp: 410-412, AUTHORIZING CONTRACT WITH THE RAPE VICTIM ADVOCACY PROGRAM, FY86 funding $9,765; RES. 85-159, pp. 413-417, AUTHORIZING CONTRACT FOR YOUTH SERVICES WITH UNITED ACTION FOR YOUTH , FY86 funding $38,592; RES. 85-160, pp. 418-421, AUTHORIZING CONTRACT FOR NEIGHBORHOOD SERVICES WITH WILLOW CREEK NEIGHBORHOOD CENTER, FY86 funding $9,400; RES. 85-161, p. 422, ACCEPTING THE WORK FOR PAVING AND STORM SEWER FOR HUNTER'S RUN SUBDIVISION, PARTS 2 & 3, Phase 1. Correspondence: Chairperson of the Riverfront Comm. re Mayor's proclamation of Iowa River Month; Eve Casserly and Bridget Baschnagel re the proposed sidewalk for 7th Avenue Court, referred to PPD for reply. Memos from the Civil Service Comm. submitting certified list of appli- cants for the following positions: Maintenance Worker II -Pollution Control; Clerk/Typist - Police Front Desk; Body Repair Mechanic -Equip- ment; Meter Reader - Water; Maintenance Worker III - Parking; Clerk/Typist - Police Records; Maintenance Worker I - Recreation; Housing Inspector - Housing & Inspection Services. Memos from the Traffic Engr. re: Stop sign at West Side Dr./Mormon Trek Boulevard; Stop sign at Duck Creek Dr./Rohret Road; Stop sign at Deerfield Dr./Rohret Road. Applications for Use of City Plaza: University of Iowa Ftd. to have remote broadcast for Children's Miracle Network Telethon from City Plaza on 6/2, approved. Applications for Use of Streets and Public Grounds: Sherry King for a Father's Day Run on 6/16, approved. Thomas Moor for use of Blackhawk Minipark to distribute information on 5/24 & 6/7, approved. i Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Strait questioned if the remaining side of the Burlington Street bridge would be two-way traffic during reconstruction. Asst. City Engr. Gannon replied it would be and noted construction would begin in mid-September and not August as indicated on the agenda. The Mayor repeated the public hearings as set. i Moved by Ambrisco, seconded by Dickson, to set a public hearing for 6/18 on an ordinance to amend the flood hazard overlay zone to adopt revised maps and flood insurance study. The Mayor declared the motion carried unani- mously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Ambrisco, to set a public hearing for 6/18 on an amendment to the Sign Regulations of the Zoning Ordinance re develop- ment signs. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an amendment to the Zoning Ordinance to I revise the notice requirements for Board of Adjustment actions. Merle Trumnel, 314 West Benton, appeared opposing the change to not less than 7 days and suggested 10 days. Staffinember Franklin present for discussion. Council Activities June 4, 1985 Page 3 Moved by Ambrisco, seconded by Strait, that ORD: 85-3238, Bk. 25, pp. 122-123, TO CHANGE THE NAME OF HIGHLANDER DRIVE TO NORTHGATE DRIVE, be passed and adopted: The Mayor declared the ordinance adopted, 6/1,, with the following division of roll call vote: Ayes: Zuber, Ambrisco, Dickson, Erdahl, McDonald, Strait. Nays: Baker. Moved by Erdahl, seconded by Dickson, that the rule requiring that an ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and that ORD. 85-3239, Bk. 25, pp. 124-297, ADOPTING THE IOWA CITY ZONING ORD. AND MAP, be voted upon for final passage at this time. The Mayor explained the motion was for both the text and map but Council would deal with the two separately. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Dickson, that the ordinance text and the map be voted upon separately. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Dickson that the ordinance text be approved and adopted at this time. Staffinember Franklin explained the text included a readoption of the entire zoning ordinance with the amendments proposed by Planning & Zoning as follows: relating to the number of roomers permitted in RS -12 and RM -12 zones and a grace period of 12/31/86; to modify the accessory building coverage in the rear yard from 15% to 30%; and to treat transient housing as a special exception in all zones. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the text adopted. Moved by Erdahl, seconded by Baker, that the zoning map as presented, with RS -8 in the area north of Shimek School, be adopted. The City Attorney noted six favorable votes were needed to adopt the map as presented. The Mayor declared the motion defeated, 4/3, with the following division of roll call vote: Ayes: Baker, Dickson, Erdahl, Strait. Nays: McDonald, Zuber, Ambrisco. Moved by Erdahl, seconded by Baker, that the map be adopted with the substantive change from the previous ordinance and that would be to have RS -12 zone north of Shimek School as discussed fully at the joint meeting of Council and Planning & Zoning. The City Attorney noted a simple majority was needed to adopt the motion on the floor. The Mayor declared the motion defeated, 3/4, with the following division of roll call vote: Ayes: McDonald, Zuber, Ambrisco. Nays: Dickson, Erdahl, Strait, Baker. Moved by Erdahl, seconded by Zuber, to reconsider previous motion to adopt the map with RS -12 zoning north of Shimek School. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Strait, Zuber, Ambrisco, Erdahl, McDonald. Nays: Dickson, Baker. Moved by Erdahl, seconded by Strait, that ORD. 85-3240, Bk. 25, pp. 298-300, TO REZONE PROPERTY IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 IN TOWNSHIP 70 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN (aka Neuzil property) FROM RM -12 TO RS -8, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: McDonald, Strait, Ambrisco, Baker, Dickson, Erdahl. Nays: Zuber. Moved by Erdahl, seconded by Strait, that ORD. 85-3241, Bk. 25, pp. 301-303, TO REZONE PROPERTY BOUNDED BY UNIVERSITY HEIGHTS TO THE NORTH, THE FORMER CRI&P RAILROAD TRACKS TO THE EAST, THE LAKEWOOD ADDITION TO THE SOUTH AND ON THE WEST BY THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 ti Council Activities June 4, 1985 Page 4 WEST OF THE 5TH PRINCIPAL MERIDIAN FROM RM -12 TO RS -B. The Mayor declared the ordinance adopted,. 6/1, with the fallowing division of roll call vote: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait. Nays: Zuber. Moved by Zuber, seconded by Strait, that the rule requiring that an ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and that ORD. 85-3242, Bk. 25, pp. 304-306, TO REPEAL THE PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR HUNTER'S RUN SUBDIVISION PARTS 2 AND 3, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Zuber, seconded by Ambrisco, that the ordinance be adopted at this time. Affirmative roll call vote unanimous, 7/O, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-162, Bk. 86, pp.423-424. APPROVING THE RESUBDIVISION OF LOTS 52 AND 53 AND PORTIONS OF LOTS 50 AND 51, HUNTER'S RUN SUBDIVISION, PART 3, IOWA CITY, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, to forward a Planning and Zoning recommendation to the Bd. of Supervisors on the rezoning of one acre in the county from Al to RS and on the rezoning of 40 acres in the county from Al to RS. The P&Z Commission recommended the rezonings were inconsistent with the Fringe Area Policy Agreement for Area 4.Council requested the draft letter be changed as follows: second paragraph, second sentence, "...appear to be inconsistent..." and last paragraph, third sentence, "...40 acres which appears to be inconsistent...". The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an amendment to Chapter 8, Article 5, of the Code of Ordinances relating to House Moves. No one appeared. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the Dubuque Street Parking Ramp Expansion Project. No one appeared. The Mayor noted the anticipated completion date of 11/30/85 had no guarantees. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-163, Bk. 86, p. 425, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DUBUQUE STREET PARKING RAMP EXPANSION PROJECT AND ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract and cost estimate for the FY86 Landfill Excavation Project. No one appeared. Council Activities June 4, 1985 Page 5 Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-164; BE 86, p. 426, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE FY86 LANDFILL EXCAVATION PROJECT AND AUTHORIZING BIDS TO BE RECEIVED 6/25. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on the proposed Resolution of Necessity for the Sidewalk Assessment Project - FY86. City Engr. Farmer and staffinember Fosse reviewed the project. The following people appeared: John Balmer, 10 Princeton Ct.; Ann McLaughlin, 811 Weeber; Patty Fetters, 603 First Ave.; Larry Eastwood, Advanced Drainage Systems, 1301 Sheridan; Mrs. Allen Mulford, 1417 Sheridan; Sondra Smith, 1411 Sheridan; Elizabeth Robertson, 1409 Sheridan; Reggie Stevens, 1850 Friendship; Mike Kolen, 1831 Friendship; Carl Chadek, 515 Third Ave.; Mary Ross, 530 Third Ave.; Margaret Lainson, atty. rep. David & Rita Frantz; Lyle Seydel, 445 Garden St.; Chris Tarr, rep. Hoover School parents; Holly Van Heel, 801 Seventh Ave.; Cinda Stewart, 435 i. Fourth Ave.; Dale Welt, 602 Fifth Ave.; Ken Ranshaw, 463 Hwy. 1. Moved by Erdahl, seconded by Zuber, to accept all correspondence as part of the public hearing as follows: Patty Fetters (Rogness); Petition from Friendship Area i residents; Guertin Thompson; David Cronin; Jerald Palmer; Petitions from Sheridan Ave. Area residents; Irene Wicks; Mr./Mrs. Earl Jennings; Mr./Mrs. 1 J.A. Mulford; Robert Hibbs; Louise Washburn; Sondra Smith; David & Rita Frantz; Mary Rocca; Steve Held; Bruce Glasgow, Frank Boyd, John Rumnelhart; Charles Barker; Petition from Hoover School parents presented by John Balmer; Garnet Barber; and Martha & Wayne Wyjack. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Individual Council - members expressed their views on the project. After discussion Council i agreed to proceed with the project with the following deletions: Sheridan i Ave. -south side from Oakland to Seventh; Pleasant Ave. -west side from Rochester to Bloomington; Harlocke St. -north side on Lot 16, Weeber's Second Addition;, Friendship St. -south and north sides from Seventh to First; and First Ave. -west side from Court to Rochester. Moved by Erdahl, seconded by Zuber, to adopt RES. 85-165, Bk. 86, pp. 427-431, RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE SIDEWALK ASSESSMENT PROJECT - FY86, as amended. i Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the amended resolution adopted. Moved by Zuber, seconded by Dickson, to adopt RES. 85-166, Bk. 86, p. 432, DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT, AND NOTICE TO BIDDERS ON THE SIDEWALK ASSESSMENT PROJECT - FY86, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-167, Bk. 86, pp. 433-434, TO SET PUBLIC HEARING FOR 6/18 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SIDEWALK ASSESS - MINT PROJECT - FY86. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Zuber, to make the following appointments: Bd. of Library Trustees for six year terms ending 7/1/91 -Ellen Buchanan, 816 River St. and Lois Cox, 112 S. Dodge; Resources Conservation Comm. for terms ending 1/1/86 -Jeffrey Duffy, 1426 Dover St, and John Moreland, Jr., 1025 ,Council Activities June 4, 1985 Page 6 Washington; Airport Comm. for a term ending 3/1/88 -Robert Sokol, 520 Normandy Dr.; and Mayor's Youth Employment Bd. for a term ending 5/5/87 -Robert Miller, 2526 Nevada. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Ambrisco noted an upcoming Iowa City Chamber bus trip to a Chicago Cubs game. Erdahl acknowledged the fine applications received for the two vacancies on the Bd. of Library Trustees and encouraged them to reapply. Baker noted the vacant green space on the southeast corner of the existing Dubuque Street ramp and questioned if trees could be added after the expansion is complete. The City Manager stated the matter was being dis- cussed with the architect. Recommendations of Boards and Commissions noted as follows: Recommenda- tion of the Riverfront Commission that the City of Iowa City issue two proclamations: 1) recognizing June 1985 as Iowa River Month in Iowa City, and 2) recognizing Project GREEN's contributions to riverfront beautifi- cation. The Riverfront Commission has also requested the City of Coralville and Johnson County to issue these proclamations also. Recommendations of the Historic Preservation Commission: regarding the draft of the Electric Franchise Regulatory Ordinance, the Commission (1) Endorses the section referring to underground district regulations; (2) Recommends Item 9 be added to page 14 which refers to the relationship of the proposed project to the visual environment of the area. Recommendations of the Committee on Commu- nity Needs: (1) CCN recommends that the Resources Conservation Commission's recommendation, dated March 18, 1985, regarding the 1% franchise fee for the Iowa -Illinois Gas & Electric Company be approved. At the April 16 CCN meeting, the Chairperson of the Resources Conservation Commission distributed copies of the Commission's recommendations regarding the gas and electric franchise ordinance to the City Council. CCN endorses the Resources Conser- vation Commission's recommendation. (2) CCN recommends that $2-1000 in CDBG funds be granted to the Elderly Services Agency to cover additional operating costs for the Shared Housing Program. The Committee on Community Needs received a request from the Elderly Services Agency for additional CDBG funds to administer the Shared Housing Program. A resolution authorizing the Mayor to sign an amendment to the ESA contract along with the amendment is on the June 4, 1985, City Council agenda as Item No. 20. (3) $4,000 in CDBG funds be used to construct a sidewalk on "G" Street. On May 21, 1985, the Commit- tee on Community Needs received a request from "G" Street residents to install a sidewalk. (4) $50,000 in CDBG funds be allocated to the Domestic Violence Project remodeling with $12,500 remaining in the contingency. The Committee on Community Needs received a request for CDBG funds to renovate the Domestic Violence Project shelter. Mayor McDonald noted that the Council agreed informally to proceed with items (3) & (4) on June 18, 1985. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-168, Bk. 86, p. 435, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE CLINTON STREET IMPROVEMENTS PROJECT - WASHINGTON STREET TO IOWA AVENUE TO METRO PAVERS, INC. OF IOWA CITY, IOWA, for $92,688.90. John Balmer questioned if the island going south is going to be adjusted to enable vehicles to go straight. City Engr. Farmer stated it would be adjusted. Affirmative roll call vote unanimous, 7/0, al Councilmembers present. The Mayor declared the resolution adopted. __.q Council Activities June 4, 1985 Page 7 Moved by Zuber, seconded by Strait, to adopt RES. 85-169, Bk. 86, pp. 436-437,. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE ELDERLY SERVICES AGENCY FOR THE PURPOSES OF INCREASING THE COBB ALLOCATION FOR ADMINISTRATION OF THE SHARED HOUSING PROGRAM. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Erdahl, to adopt RES. 85-170, Bk. 86, pp. 438-439, ADOPTING POLICY REGARDING DEFERRAL OF MANDATORY SUSPENSION OR REVOCATION OF BEER PERMITS OR LIQUOR LICENSES TO THE IOWA LIQUOR CONTROL DEPARTMENT AND REPEALING RESOLUTION 82-217. City Clerk noted correction of the repealed resolution to 82-217. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, to adopt RES. 85-171, Bk. 86, pp. 440-454, AUTHORIZING THE EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT, HOUSING VOUCHER PROGRAM PROJECT #IA05-VO22-001. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu- tion adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-172, Bk. 86, p. 455, COMMITTING A MAXIMUM OF $55,000 AS A DONATION TO PROJECT IA05-PO22005. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-173, Bk. 86, pp - 456 -457, ABATING STREET AND SIDEWALK ASSESSMENTS CHARGED AGAINST PROPERTY IN WESTGATE SUBDIVISION. Affirmative roll call vote unanimous,_ 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Strait, to adopt RES. 85-174, Bk. 86, pp. 458-48B, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL 610, TO BE EFFECTIVE JULY 1, 1985, THROUGH JUNE 30, 1986. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-175, Bk. 86, pp. 489-522, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1985, THROUGH JUNE 30, 1987. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, that the ordinance amending Chapter 31 of the Code of Ordinances of the City of Iowa City, Iowa, by adding thereto new Section 31-11, prohibiting the deposit of dirt, mud, or other debris on public right-of-way, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilm?mbprs present. The Maycr declared the motion carried. I C l I Council Activities June 4, 1985 Page 8 Moved by Erdahl, seconded by Zuber, that the ordinance revising City Code of Ordinances, Chapter 2, Division 4, to provide for a full-time City Attorney, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Zuber, to adjourn to Executive Session to I evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to_that individual's reputation and that individual requests a closed session. The City Attorney stated that notice was posted less than the required 24 hours due to the fact that the matter came up today and under statute Chapter 21 it is permissible to do if the situation calls for action by Council in a short period of time, the record shows notice posted at 2:00 P.M. this afternoon. The Mayor declared i the motion carried, 6/1., with the following division of roll call vote: Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: Strait. Council adjourned to Executive Session at 10:30 P.M. i HN MCDONALD, MA R 1 MARFAN K. KARR CITY CLERK I Informal Council Discussion City Attorney Interviews June 3, 1985 Informal Council Discussion: June 3, 1985, at 1:15 p.m. in the Council Chambers of the Civic Center. Mayor John McDonald presiding. fCouncil Present: McDonald, Erdahl, Strait, Ambrisco, Baker, Dickson, Zuber. f Staff Present: Berlin, Karr, Jansen (2:00 p.m.), Helling. Tape-recorded: Reel 85-C46, Side 1, 211 -End, Side 2, 1-261. McDonald stated that both City Attorney applicants have requested closed session interviews. Moved by Erdahl, seconded by Baker, to adjourn to executive session under Section 21.5.i to evaluate the professional compe- tency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation as that individual requests a closed session. (City Attorney interviews.) Erdahl noted that the applicants, Mr. Timmins and Mr. Kelinson , have cited reasons for the closed session. Strait stated the City Council has a duty to follow the Iowa Open Meetings Law statute regarding the interpretation of "needless and irreparable injury." Strait quoted another section of the statute, "reasonably relied upon decision of a court or a formal opinion of the attorney general or the attorney for the governmental body." Strait requested an opinion from the City Attorney regarding holding the interviews in open or closed sessions. Erdahl said closed session interviews would allow more candor in the evalu- ation process and would protect the reputation of the applicants. McDonald noted that it was his understanding that when an applicant to be interviewed requests a closed session and provides reasons for the closed session that under the statute the Council can legally grant the applicant that request. Baker asked how a closed session interview differs from closed session evaluations of the City Manager. In response to Baker, Erdahl said both types of tlosed sessions are under the same section of the statute. Council recessed to allow for the arrival of the City Attorney. Council recovened the informal discussion upon the arrival of the City Attorney. Jansen reviewed the applicant's request for closed session. Jansen noted that Mr. Timmins stated in his letter that he would support his request for a closed session with specific information at the time of his interview. Jansen stated that two requirements have to be met for a closed session: 1) applicant must request closed session; and 2) applicant must indicate that irreparable injury may occur. Jansen said attorneys are treated differently in that an attorney's prized asset is his reputation as a lawyer and, therefore, ceetain considerations are made for attorneys that might not be present for another person. Jansen said that the Attorney General has stated that mere inconvenience or embarrassment is not enough to justify a closed Informal Council Discussion June 3, 1985 Page 2 session for the applicant and there must be some indication of irreparable injury or harm. Jansen stated that the Council cannot hold partly closed and partly opened interviews. Jansen stated that he was satisfied with Mr. Kelinson's indication of serious harm or injury if the interview was held in open session. Jansen said the Council needs to establish, on record, the request and justification for the closed session. In response to Strait, Jansen said the Council is capable of going into a closed session if Mr. Timmins' request and specific justification for a closed session is recorded before the Council goes into the closed session. Council agreed to have Mr. Timmins state his reasons for a closed session prior to a decision. Berlin introduced Terry Timmins. Timmins stated that a closed session would allow for certain types of questions and for him to answer them sincerely and honestly; he would feel constrained in a public session; and answers could be injurious and could do his client irreparable harm. In response to Erdahl, Jansen said motions to hold a closed session should be done separately for each applicant. In response to Strait, Jansen said Mr. Timmins has firmly stated irreparable injury could occur. In response to McDonald, Jansen said Mr. Timmins has stated proper reasons for a closed session. Erdahl withdrew his previous motion and moved to adjourn to executive session under Section 21.5.1 to evaluate the professional competency of an individ- ual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individ- ual's reputation and that individual requests a closed session to interview Craig Kelinson. Seconded by Baker. Roll call vote 6/1 with the following division: Ayes: McDonald, Erdahl, Ambrisco, Baker, Dickson, Zuber. Nays: Strait. The Mayor declared the motion carried. Moved by Strait to recon- sider. Motion died for lack of second. Moved by Strait to adjourn the meeting. Motion died for lack of second. Council adjourned to executive session, 2:30 p.m. Council reconvened into informal session at 3:40 p.m. Berlin stated he will contact Mr Kelinson this evening after the Council meeting. Moved by Erdahl, seconded by Baker, to adjourn to executive session under Section 21.5.1 to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to the individual's reputation and that individual requests a closed session to interview Terry Timmins. Erdahl noted Mr. Timmins has indicated that discussion of matters S -a-1' i ■ I 1 Informal Council Discussion June 3, 1985 Page 3 in open session could needlessly and irreparably injure him in that Mr. ; Timmins formally requested a closed session interview. Council adjourned into executive session at 3:55 p.m. � j r � i Council reconvened into informal session at 5:10 p.m. Moved by Erdahl, seconded by Dickson, to adjourn to executive session under Section 21.5.1 to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and f that individual requests a closed session to discuss applicants. The Mayor declared the motion carried and adjourned to executive session at 5:15 p.m. Meeting adjourned 5:45 (until informal 6:30 p.m.). 1 ' I j i, i I , I � I i I I I Informal Council Discussion June 3, 1985 Informal Council Discussion: June 3, 1985, at 6:45 p.m. in the Council Chambers a eivlc en er. Mayor John McDonald presiding. Council Members Present: McDonald, Dickson, Strait, Zuber, Erdahl, Ambrisco, Baker. i I Staff Present: Berlin, Melling, Jansen, Karr, Franklin. Tape-recorded: Reel 85-C46, Side 2, 261 -End; 85-C47, Side 1, all, Side 2, i 1-4. PLANNING AND ZONING MATTERS: A. Set public hearin June 18, 1985 ordinance to amend the Flood Hazard Overlay Zone to adopt revised maps and flood insurance s nd v. Fran4lin =„N.a1uUU LnGL Lim reuerai emergency management Agency's revised maps set the flood lines along Ralston Creek and reflect the changes due to j completion of the north and south branch of the retention basin and Lower Ralston Creek improvements. B. Set ublic hearin for June 18, 1985 to amend the Sin Re ulations of the Zonin Ordinance regarding deve o en si ns. Frank in stated that or ga a esires o put up a sign arger an a monument sign. Franklin explained that the Planning and Zoning Commission will consider the amendment this week; at issue is the definition of a development sign; and the proposed amendment would allow a development sign in industrial or commercial zones to be either a monument sign or a free-standing sign. In response to Strait, Franklin said the sign would not be as high as 'the Aldi's sign and Northgate would be permitted to have 125 square feet per sign face. Strait requested a diagram of the sign before Council takes action on the amendment. In response to Baker, Franklin said staff felt the changes were best handled through an amendment to the ordinance. C. Public hearing/amendment to the Zoning Ordinance to revise notice re uirements for Board of Adjustment actions. Franklin said the amend ment to the Loning Urd1nance to revise the notice requirements will bring the Board of Adjustment notice requirements into alignment with state statutes and apply only newspaper notices. 0. Ordinance to change name of Highlander Drive to Northgate Drive. No discussion. E. Consider Iowa City Zonino Ordinance and Map. Franklin explained the Council will take action on the Iowa City Zoning Ordinance and Map by three votes: 1) text (simple majority vote), 2) map as recommended by the Planninq and Zoning Commission - RS -8 north of Shimek and RM -44 at Harlocke/Weeber (six votes). If this vote fails the Council would then vote on a map that would have the current zoning north of Shimek RS -12 and RM -44 at Harlocke and Weeber (simple majority vote). 3) To readopt Zoning Ordinance and Map (simple majority vote). In response to Berlin, Franklin said staff recommended RS -12 for north of Shimek. =-a5' Informal Council Discussion June 3, 1985 Page 2 F/G Consider ordinance to rezone the Melrose Lake area. Consider ordinance to rezone Williams property and an ordinance to rezone the Neuzil property. Franklin explained that when the Council votes on the Zoning Ordinance Map, the Council will be voting on the RM -44 zone for the area and will be rezoning the area to RS -8 when action is taken an this specific proposal for the Melrose Lake area. { H. Consider ordinance to repeal the PDH plan for Hunters Run Subdivision Parts 2 and 3. Franklin explained that the amendment repeals the multi -family ortion of Hunters Run Subdivision Parts 2 and 3. i I. Consider resoiution approving resubdivision Lots 52 and 53 and portions of Lots 50 and 51 of Hunters Run Subdivision Part 3. Franklin said the resubdivislon will change the area from multi -family to single-family and this item depends on Council's completing action on Planning & Zoning agenda item 8. J/K Consider recommendation of the Plannin & Zonin Commission on rezonin I of one acres in the county from to RS and rezoning of 4 acres in county from Al to RS�ranklin said staff agrees wi a arming Zoning Commission recommendation that the rezoning is inconsistent with the Area Policy which favors agricultural development in that area. f Franklin stated the 40 acre rezoning is inconsistent with Area 4 Policy now. Erdahl said the Council should look at the spirit of the plan of i the one acre request. Baker suggested that staff recommend to the applicant to wait until July 1st when a covenant could be accepted and agreed upon. In response to McDonald, Franklin said the County Zoning Commission will consider Area 4 draft plan on June 15 and the City Planning & Zoning Commission will be considering it in July. Erdahl suggested the City ask the County to postpone their final decisions on the 40 acre rezoning request until the County and City commissions complete their review of Area 4. Erdahl directed Franklin to draft letters to the County and to the applicant for Council review tomorrow evening. SIDEWALK CAFES: Reel 85-C44, Side 2 McDonald stated the president of the Downtown Association requested Council allow the Downtown Association Board of Directors to consider sidewalk cafes and present Council with additional information. McDonald stated Mr. Zuber and Mr. Strait were not present at the sidewalk cafe discussion two weeks ago and asked if they would like to pursue the sidewalk cafe concept. In response to Strait, McDonald stated he has received comments from the Downtown Association in favor as well as against sidewalk cafes. r McDonald explained that if sidewalk cafes are approved, those establishments would need to be willing to sign separate agreements with the City contract- ing the number of hours that the business establishment can use the sidewalk f frontage. In response to Ambrisco, McDonald said sidewalk cafes would be included in the CB -2 and CB -10 zones. In response to Strait, Jansen said State law says liquor businesses can remain open the hours that are set forth in State Code, there is nothing in the Code that says they have to stay open, The Legal Department believes that under home rule, the City has the author- -Z—.?-5 uthor- S.?-5 -- -- --------- -- - -- - -- Informal Council Discussion June 3, 1985 Page 3 i y ity to regulate hours of sidewalk cafes if the business voluntarily signs an agreement to do so. Jansen said that a permit can be terminated if there is a breach of the agreement. McDonald noted that permits would be reviewed on C a yearly basis. Zuber raised concerns about only allowing eating establishments to utilize j the sidewalk frontage for businesses and the affect on pedestrian traffic. Zuber and Strait agreed to consider the sidewalk cafe concept and requested that additional information be received from the Downtown Association before j final decisions are made. McDonald stated the Downtown Association will provide Council with additional information within three to four weeks. i URBAN ENVIRONMENT AD HOC REPORT: Reel 85-C44, Side 2 ! i Baker requested that the Urban Environment Ad Hoc Committee be granted a one i year extension to complete work and ask Council to give further direction about the future role of that committee. Baker said the committee feels performance standards and regulations should be established that would apply ! i to the entire city. Baker explained the Committee could recommend general goals and then have appropriate boards and/or commissions write the ordinance I for Council's approval. Strait said the Urban Environment Ad Hoc Committee i should eventually be disbanded. Council agreed to a one year extension for j the Committee. Dickson suggested the Committee contact the State Geological Survey for assistance. Baker said the Committee will be forwarding informa- tion to the Council. Berlin said staff will draft a resolution for the one i year extension, i COUNCIL TIME/AGENDA: Reel 85-C47, Side 1 1. Strait stated that a citizen has proposed an ordinance to permit stage coach and horse tours of Iowa City. Jansen stated the Legal Department is reviewing the 40 -page ordinance and will present it to the City Council in two weeks. 2. Baker requested a report on how area legislators voted on issues that affect Iowa City. Melling will prepare a report regarding the voting records of area legislators on major issues. 3. In response to Strait, Berlin said the Council can discuss the local option tax before the budget session. McDonald stated a pre -budget Council discussion is scheduled in September to talk with staff regarding sources of revenue. j4. Berlin stated that every informal Council discussion, he and/or Melling will seek response on pending agenda items: j a. Council agreed to the recommendation to use CDBG funding for Domestic I j Violeace remodeling project. I ' i I I I Z Informal Council Discussion June 3, 1985 Page 4 b. Council agreed to the HLM/Airport Commission Lease Agreement. Jansen stated the City Legal Department helped negotiate and has reviewed the lease agreement. In response to Baker, Jansen said the lease is for 15 years with three five-year options and the 15 years is based on the GO bond payback. i c. Council agreed to hold a public hearing on Phase 3 IRBs for Millard Warehouse and to pass the resolution to issue the IRBs at the same ! time. i APPOINTMENTS: Reel 85-C47, Side 1 ! Board of Library Trustees: I 1. Alan Buchanan. 2. Lois Cox. Resources Conservation Commission: 1. Jeff Duffy. I Airport Commission: 1. Robert Sokol. Mayor's Youth: 1. Robert Miller. EXECUTIVE SESSION: Moved by Erdahl, seconded by Dickson, to adjourn to executive session under Section 28A.5.i. to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests closed session, City Attorney hiring. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Zuber, Ambrisco, Baker. Nays: Strait. Moved by Erdahl, seconded by Dickson, to adjourn to executive session under Section 28A.5.i. to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's i reputation and that individual requests a closed session, City Manager and City Clerk evaluations. Affirmative roll call vote unanimous, 7/0, all i Councilmembers present. The Mayor declared the motion carried and adjourned to Executive Session at 7:55 p.m. I i S M