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HomeMy WebLinkAbout1985-08-27 Council minutesInformal Council Discussion August 12, 1985 Informal Council Discussion: August 8, 1985, at 6:35 p.m. in the Council Chambers a e lvlc en er. Mayor John McDonald presiding. Council Present: McDonald, Strait, Baker, Ambrisco, Erdahl, Dickson. Absent: eZu er. - Staff Present: Berlin, Helling, Timmins, Karr, Franklin, Milkman, Carroll. Tape-recorded: Reel 85-057, Side 1, 48 -End, Side 2, 1 -End; Reel 85-059, Side 280. CONSENT CALENDAR/ADDITIONS TO THE AGENDA: Reel 85-057, Side 1 Council agreed to L&M Mighty Shop's request to consider a motion to approve Class E Beer Permit and Sunday Sales at the August 13, 1985, formal Council meeting. PLANNING & ZONING MATTERS: Reel 85-057, Side 1 A. Public heAarring on an amendment to the Lar a Scale Residential Development Regulations setting an expiration date for plans. No discussion. B. Public hearina on an am?ndman}t 4n +h. Dlannnd Franklin explained that the amendment requires the approval of prelimi- nary planned development housing plans by ordinance and approval of the final plans by resolution. The Council would hold a public hearing and three readings on the preliminary and final pians adopted by resolution. In response to Strait, Franklin said a developer makes commitments at the preliminary stage and there could be substantial additional cost to make any changes on the final plans. In response to Baker, Franklin said an extraordinaryy majority would not be triggered on the approval of the final plans by resolution. C. Public hearina on an amendment to rho 7„�4.,, n.a4... - ---- Franklin stated the ordinance changes the definition of high-rise to buildings greater than 65 feet and low-rise to construction 35 feet and under. The ordinance will affect construction in RM -145 and CB -2 zones i and will force contractors to build real high-rise buildings before they can take advantage of high-rise and density provisions. In response to Baker, buildings cannot be built between 35 and 65 feet in height. In response to Strait, Franklin said the height of buildings is monitored i through the building permit process. Franklin explained that high-rise buildings are on the Planning & Zoning Commission pending list for future discussion. Informal Council Discussion August 12, 1985 Page 2 D. on an ordinance to f portions of Council received an August 8, 1985, memo from Franklin regarding Pepperwood Place rezoning. Franklin reviewed conditions of the rezoning of Pepperwood Place as outlined in that memo: 1. The closing -of Hollywood Boulevard in front of Colonial Park Offices.Fran t lklin i at Co onia par Of iceswoud be damaged by closing Hollywood Boulevard in front of those offices but staff has worked out a compromise. Staff recommended closing Hollywood Boulevard from the east property line of Iowa State Bank to Broadway and disposing of 50 foot right-of-way to Southgate Development and Colonial Park Offices with the exception of a small piece of right-of-way to be retained by the City; Hollywood Boulevard would also be closed from Broadway to the storm sewer inlets at the east property line of 1902 Broadway; and disposition of the right-of-way would have certain stipulations as follows: no con- struction would be allowed in front of Colonial Park Offices and the drive north of the building would be narrowed to one lane at the east end and only permit one-way traffic west, and would not be opened as a public street, and the right-of-way in front of K -Mart could not be opened as a public or private frontage road. Franklin explained that if the Council changes or modifies the conditions of rezoning at the August 13th formal Council meeting, the public hearing will need to be continued. Council agreed with staff's recommendation regarding the closing of Hollywood Boulevard in front of Colonial Park Offices. 2. The removal of paving or the replacement of dirt and sod nn tho 5tarr continues in its recomrnenclation that the pavement' be removed. Council discussed the advantages and disadvantages of removing the pavement. In response to, Strait, a Southgate Development representa- tive said two foot of top soil would be used to cover the pavement. Berlin stated the road should be removed to prevent future problems, although two foot of top soil may be suitable. Erdahl said Council should decide if a less than permanent solution is desirable and asked if the area will ever be used by someone else. Braverman quoted from the City's preliminary agreement with Southgate Development, "Southgate shall cover the closed portion of Hollywood Boulevard... to support the establishment of sod which Southgate shall place thereon at its sole cost and expense. Southgate further agrees that if in the opinion of the City Engineer the sod has not been established by growth and maintained in that way for two years from date of installation, the City may require Southgate to remove the pavement and fill and seed the area so as to establish grass...." Informal Council Discussion August 12, 1985 Page 3 Franklin stated that if the City disposes of the land to Southgate Development the City has the option of conditioning the disposal as to use. Council agreed to allow Southgate to fill over the pave- ment. 3. Theclosin of Ta for Drive. Council reviewed a map of the area. ran in s a e a area residents raised concerns about additional costs and inconvenience if Taylor Drive were closed. Franklin stated i I that staff recommends Taylor Drive remain open; deceleration lanes be constructed in both lanes at the expense of Southgate Development; and a condition be included in the agreement with Southgate Develop- ment under which the City could, within ten years, judge whether the intersections shall be closed or modified further in some way at Southgate's expense. Southgate objects to the ten year period and the expense of the deceleration lanes. j Franklin explained that in the 1978 agreement there was a provision that when Broadway was opened, Taylor would be closed; the provision was originally established because of the IDOT classification of Highway 6 and their restrictions on the distance between two I intersections; and the classification has been changed for Highway 6 I ' because it no longer functions as a bypass and, therefore, the distance between intersections can be less. In response to McDonald, Franklin stated that Southgate Development originally agreed that !: when Broadway was opened, Taylor would be closed. Input was received from the public concerning the need for an engineering study, correct PAZ Commission meeting minutes regarding Taylor Drive, traffic patterns, and a straight entrance from Highway 6 into the develop- ment. Berlin noted that improvement will be made at the Taylor intersection ! in the future and improvement costs should be decided upon. Braverman stated his objections to the ten year period and cost to install the deceleration lanes. Erdahl suggested the City include a monetary limit of Southgate Development's obligations where Taylor Drive changes in the agreement or collect money from Southgate Development to be placed in an escrow account. In response to Ambrisco, Franklin stated the proposals to construct j an intersection/drive directly into the shopping mall or to change i the street in front of K-Mart were not possible because Southgate was unable to negotiate with K-Mart to allow changes in the parking lot. Council agreed to not close Taylor Drive and escrow funds from Southgate Development for future changes to the intersection. Council directed staff to negotiate with Southgate Development the amount of funds that would be escrowed. A time limit would be set as to when to give the money back to Southgate Development if no improvements i are made. i i I i i ....... ..__. Informal Council Discussion August 12, 1985 Page 4 4. The provision of s cions on the language be changed to require Southgate to put in signage rather than speed bumps. Council agreed to the recommendation. E. CONSIDER AN ORDINANCE TO REZONE PORTIONS OF LOTS F. CONSIDERATION OF AN AMENDMENT TO SIGN REGULATIONS IN THE ZONING ORDINANCE No discussion. G. CONSIDER AN ORDINANCE TO AMEND THF STM BFrul aTTn71c Tn oeourT cnr.n erruc w rcne¢n, ur InC OUILU M, WALL. No aiseusslon. H. CONSIDER AN ORDINANCE TO AMEND THE FLOOD HAZARD OVERLAY ZONE TO ADOPT REVISED MAPS AND FLOOD INSURANCE—STUOT. 0 discussion. I. 624 SOUTH GILBERT STREET. Berlin asked Franklin to review a Board of Adjustment request for a special exception to allow an auto and truck oriented use at 624 South Gilbert. Franklin said the original request was for a grocery store smaller than 4,000 square feet, a grocery store has to be greater than 4,000 square feet to be classified as a grocery store in the Zoning Ordinance, and the applicant now wants to develop a smaller grocery store and restaurant on the ground floor with dwelling units above. In response to Strait, Franklin said a basement will not be built. Berlin asked Council if they want to take a position with the Board of Adjust- ment or if they want to initiate rezoning. Berlin noted to Council that the results of the development will be very different from the original pians. COUNCIL TIME/AGENDA: Reel 85-057, Side 2 1. In response to Baker, McDonald stated that the IRB policy has not been scheduled for discussion. 2. In response to Baker, Berlin stated that a decision about the City Manager Review Policy/Administrative Rules will be scheduled for an informal Council discussion. 3. Baker inquired about the utility franchise. McDonald said a discussion will be scheduled in September. Berlin stated that the financing of the sewer plant will also be scheduled for discussion. 4. Baker inquired about newspaper vending machines. McDonald instructed City Atty. Timmins to give priority to newspaper vending machines. 5. In response to Baker, Berlin said staff will check on the trimming of trees on North Dubuque Street. 6. Ambrisco stated that the metal vault doors that open up onto the side- walks on Washington Street downtown need repair. Informal Council Discussion August 12, 1985 Page 5 i 7. (Agenda Item 9a). Strait noted a letter was received from Lea VanderVelde and suggested Council review VanderVelde's concerns re code enforcement problems. Berlin stated he will contact VanderVelde. i 8. In response to Strait, Berlin said Helling will prepare a summary about recent legislations' impact on Iowa City. Strait referred to a review of legislation in Iowa Municipalities. I 9. Strait inquired about the letter from Speer Financial, Inc. Berlin stated that the City decided not to utilize their services because of staff changes in Speer Financial, Inc. and that their traditional financing services did not meet the innovative financing needs of Iowa City. 10. (Agenda item 2.d.(1)) Strait noted that a sufficient number of valid signatures were received and petitions certified for the Nuclear Weapons Free Ordinance. 11. Strait inquired about a sentenced person's legal rights to live in HUD I housing. Berlin stated that the City's Legal staff found that the person j is entitled to live in the HUD housing, but the City has filed a letter with the HUD Inspector General. ? 12. Erdahl inquired about planting trees in the parking area at Wetherby Park. Berlin stated staff will consider planting trees near parks parking lots. 13. In response to Erdahl, Berlin said Zuchelli has been contacted and a telephone discussion will be scheduled re Parcel 64-1a. ; I' 14. Erdahl inquired about the parking and design plans for the Civic Center expansion. Berlin explained that preliminary plans include a connecting elevator and staircase between the old and new sections of the Civic Center. 15. (Agenda item 2.F.4). Letter from John VeDepo requesting possible purchase of redevelopment parcel A-3 on Dubuque Street. McDonald requested a map of the area. 16. Berlin stated a petition has been received asking for a segment of sidewalk on Pleasant Street. PARKLAND ACQUISITION j iDickson moved to adjourn to executive session under Section 21.5C litigation; j J. real estate; and Section 20 Collective Bargaining. Seconded by Strait. Erdahl asked if Council could go into executive session to discuss contract zoning and stated that zoning is a public matter. Timmins stated the Council should discuss zoning in public session and price of land in executive session. Dickson withdrew the original motion, ■ i Informal Council Discussion August 12, 1985 Page 6 Council received a map of the Miller/Orchard area. Berlin explained the proposal to obtain a five acre parcel for parkland from Ruppert family. There was discussion about the possibility of rezoning the two acres on the corner of Benton and Miller to high density housing and two acres along i Highway 1 and west of Miller to CC -2. In response to Erdahl, Franklin said two acres of RM -12 would allow for 32 units and three and a half acres in RM -12 would allow for development of 56 units. Council informally agreed to the proposal as presented. Ambrisco stated a neighborhood representative should be contacted. �. EXECUTIVE SESSION: Dickson moved to adjourn to executive session under Section 21.5C Litigation, to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; J. to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price a 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; and l Section 20 Collective Bargaining, to discuss as a public employer strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provisions of Chapter 21 according to Chapter 20.17(3). Affirmative roll call vote unanimous, 6/0, Zuber absent. Mayor declared the motion carried. Council adjourned to executive session at 8:30 P.M. l I i OFFICIAL COUNCIL ACTIONS - 8/13/85 The cost of publishing the following proceedings & claims is $ Cumulative cost for this ca en ar year or said publication is $ Iowa City Council, reg. mtg., 8/13/85, 7:30 PM at the Civic Center. Mayor Pro tem Erdahl presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait. Absent: Zuber. The Mayor officially thanked the hundreds of people involved in the Special Olympics held in Iowa City last week. He noted the community should be proud of the image projected and the favorable comments received. The Mayor left the meeting. The Mayor Pro tem announced an addition of a Beer Permit to the Consent Calendar. Moved by Baker, seconded by Strait, that the following items and rec- ommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council actions of the regular meeting on 7/30/85, as published, subject to correction and as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - 7/18/85, 8/1/85; Bd. of Library Trustees - 7/25/85; Broadband Telecommunications Comm. - 4/16/85, 5/21/85, 5/22/85, 5/29/85, 7/16/85. Permit Motions and Resolutions: To refund portion of Liquor License to The Gas Company Inn, 2300 Muscatine Avenue. RES. 85 248, Bk. 87, p. 676, to refund portion of Cigarette Permit to The Gas Company Inn, 2300 Muscatine Avenue. RES. 85-249, Bk.87, p. 677, to refund portion of Cigarette Permit to The Annex, 819 First Avenue. Approving Class A Liquor License and Sunday Sales for Loyal Order of Moose, Iowa City Lodge 81096, 2910 Muscatine Avenue. Approving Class C Liquor License for George's Buffet, 312 Market. Approving Class B Beer Permit for Duds 'n Suds, 5 Sturgis Corner Drive, /1000. Approving Class C Beer Permit and Sunday Sales for Russ' Super Standard, 305 N. Gilbert St. Approving Class C Liquor License and Sunday Sales for Plamor Bowling, 1555 First Avenue. Approving Class C Liquor License and Sunday Sales for Mama's Bar, 5 S. Dubuque. RES. 85-250, Bk. 87, p. 678, TO ISSUE Official Actions August 13, 1985 Page 2 DANCING PERMIT to Loyal Order of Moose, Iowa City Lodge 11096, 2910 Muscatine Avenue. RES. 85-251, Bk. 87, p. 679, TO ISSUE DANCING PERMIT to Holiday Inn Iowa City, 210 S. Dubuque. Approving Class C Liquor License and Sunday Sales for Holiday Inn Iowa City, 210 S. Dubuque. Approving Class E Beer Permit and Sunday Sales for LBM Mighty Shop, Inc., 504 E. Burlington. Setting public hearings: To set a j public hearing on 8/27/85 for public input on the proposed Nuclear Weapons Free Ordinance. RES. 85-252, Bk. 87, p. 680, to set public hearing on 8/27/85, on plans, specifications, form of contract and estimate of cost j for the construction of the Creekside Neighborhood Sidewalk Project. RES. 85-253, BK. 87, p. 681, to set a public hearing on 8/27/85, on plans, specifications, form of contract and estimate of cost for the construction of the Spruce Street Drainage Project. Resolutions: RES. 85-254, Bk. 87, p. 682, ACCEPTING THE WORK FOR THE GROUNDWATER CUT-OFF TRENCH, IOWA CITY LANDFILL. RES. 85-255, Bk. 87, p. 683, ACCEPTING THE WORK FOR THE ROCHESTER AVENUE RESERVOIR CONTRACT I -RESERVOIR. Correspondence: Charles A. i Mullen regarding Pepperwood Place Shopping Center. Iowa Department of Transportation regarding a slide area i I repair project. Jan and Rockwell Williams supporting a proposal that Block 64-1a be used for an amphithea- ter/skating rink. John VeOepo expressing interest in purchasing redevAlopment parcel A-3 on Dubuque Street, City Mgr. will reply. Charles A. Barker representing Mr. 6 Mrs. Nick I Peet of 1225 East Davenport regarding ' the traffic on a city -owned alley adjoining their property, referred to Public Works Dept. Memo from the Traffic Engr. re diagonal parking on Van Buren Street. Applications for the Use of Streets and Public Grounds: Jim Mulford requesting permission to use Delwood Street for a block party on 7/27/85, approved. Procter and Gamble to have a Dividend Day 5K Walk/Run I ' i I Official Actions August 13, 1485 Page 3 Race on 8/3/85, approved. Dorsi Houser requesting permission to use Upland Avenue between Court and Crestview for a block party on 8/11/85, approved. Chamber of Commerce for the use of Clinton Street from Washington to Jefferson for the Chamber/Student Bed Races on 9/13/85, approved pending receipt of certificate of insurance. Affirmative roll call vote unanimous, 5/0, McDonald and Zuber absent. The Mayor Pro tem declared the motion carried and repeated the public hearings as set. A public hearing was held on an amendment to the large scale residential development regulations setting an expiration date for plans. Baker ques- tioned whether the provision for 12 month extensions was limited. Staffinember Milkman stated it was not. A public hearing was held on an amendment to the planned development housing overlay zone procedures for approval of development plans. A public hearing was held on an amendment to the zoning ordinance regard- ing the definition of high-rise and low-rise buildings. Staffinember Milkman reported that the Planning and Zoning Commission had unanimously recommended approval of the ordinance, and briefly explained the ordinance. A public hearing was held on an ordinance to rezone 3.74 acres of portions of Lots 7 and 8 of Block 1, Braverman Center, (Pepperwood Place Shopping Center) from RM -12 to CC -2. The following people appeared: Robert Hibbs, 606 Reno; David Stone, 831 Sandusky; Anna Buss, 2125 Broadway; Jim Spratt, 2119 Davis; Winifred Brooks, 2025 Taylor Drive; Lori Bears, 21 N. Dodge; Ralph Stoffer, Southgate Development. Staffinember Milkman and City Engr. Farmer present for discussion. Moved by Dickson, seconded by Strait, to accept the correspondence from Jim Spratt on behalf of Thomas Huff showing the cost analysis of Taylor Street closing. The Mayor Pro tem declared the motion carried unanimously, 5/0, McDonald and Zuber absent. Individual Councilmembers noted concerns re the process for notification and meetings to the neighbors on large scale residential and non-residential Official Actions Adgust 13, 1985 Page 4 i _-71_ developments and. rezonings for commercial use. Council requested the alternative of a "straight -in" access from Hwy. 6 to the proposed shopping center and the drive in front of K -Mart be discussed with Planning & Zoning and suggested the Council meet with the Commission at the next informal on 8/26. Moved by Baker, seconded by Ambrisco, that the ordinance to rezone portions of Lots 7 and 8, Block 1, Braverman Center from RM -12 to CC -2, be given first vote for passage. The Mayor Pro tem declared the motion defeated, 3/2, with the following division of roll call vote: Ayes: Baker, Strait, Ambrisco. Nays: Dickson, Erdahl. Absent: McDonald, Zuber. Moved by Ambrisco, seconded by Dickson, that the ordinance to amend the sign regulations in the Zoning Ordinance regarding development signs, be given first vote for passage. Ralph Stoffer, Southgate Development, appeared. The Mayor Pro tem declared the motion carried unanimously, 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, that the ordinance to amend the sign regulations to permit facia signs to cover up to 15% of the building wall, 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 Ambrisco, that ORD. 85-3249, Bk. 26, pp. 331-333, AMENDING THE FLOOD HAZARD OVERLAY ZONE TO ADOPT REVISED MAPS AND A FLOOD INSURANCE STUDY, be passed and adopted. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the ordinance adopted. A public hearing was held on a proposed amendment to the 1985 CDBG Program and Budget. Moved by Ambrisco, seconded by Strait, to adopt RES. 85-256, Bk. 87, pp. 684-685, AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1985 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET, for renovation of the Mary 0. Coldren Home. Affirmative roll i i Official Actions August 13, 1985 Page 5 call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-257, Bk. 87, pp. 686-692, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MARY 0. COLDREN HOME FOR AGED WOMEN FOR THE USE OF 1986 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE PURPOSE OF MAKING REPAIRS AND WEATHERIZING THE RESIDENCE LOCATED AT 602 CLARK STREET for $12,000. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. The Mayor Pro tem announced the following vacancies: Bd. of Adjustment -one vacancy for an unexpired term ending 1/1/87; P&Z Comm. - one vacancy for an unexpired term ending 5/1/86. These appointments will be made at the 9/24/85 meeting of the City Council. Councilmember Dickson noted the white lane markings on Gilbert & Hwy. 6 were hard to read when wet. Staff will investigate. Ambrisco acknowledged the award of a grant from the State Office of Historical Preservation to be used to nominate the "Goosetown" Historic District to the National Register of Historic Places. Baker noted the addition of two newspaper vending machines on City Plaza and requested the City Atty. review the vending machine ordinance in San Fran- cisco. Baker questioned if the tree trimming on North Dubuque had been checked out. Staff will investigate. Baker requested staff also investigate construc- tion on North Dubuque Street. Baker noted the resignation of Ed Brinton from the Urban Environmental Committee and thanked him for his valuable work. Strait inquired as to the status of the Parks & Recreation Directors position. The City Manager stated the Committee had reduced the number to 15. Erdahl thanked indi- viduals who had called or written him sup- porting a public amenity on the last urban renewal parcel 64-1a, and reported he would be scheduling further discussion on the parcel with Don Zuchelli when he returned from vacation. i I r Official Actions August 13, 1985 Page 6 Moved by Strait, seconded by Ambrisco, to adopt RES. 85-258, Bk. 87, p. 693, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY86 ASPHALT RESURFACING PROJECT TO L.L. PELLING CO. OF IOWA CITY, IOWA, for $230,139.33. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-259, Bk. 87, pp. 694-701, AWARDING CONTRACT FOR THE SERVICE OF TOWING AND STORAGE OF IMPOUNDED VEHICLES TO HOLIDAY WRECKER SERVICE. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. Moved by Strait, seconded by Ambrisco, that the ordinance to amend City Code of Ordinances Chapter 26 relating to Peddlers and Solicitors to provide procedures for appeal of denial or revocation of such permits, be given second vote for passage. Affirmative roll call vote unanimous, 5/0, McDonald, Luber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded Dickson, to adjourn at 10:05 PM. The Mayor Pro tem declared the motion carried unanimously, 5/0, McDonald, Zuber absent. For a more detailed and complete description of Council Activities 8 Disbursements, see Office of City Clerk and Finance Department. s/CtEMENS EROAHL, MAYOR PRO TEM s/MARIAN K. CITY CLERK Submitted forr pub publication - 8/ 85 i. i r Official Actions August 13, 1985 Page 6 Moved by Strait, seconded by Ambrisco, to adopt RES. 85-258, Bk. 87, p. 693, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY86 ASPHALT RESURFACING PROJECT TO L.L. PELLING CO. OF IOWA CITY, IOWA, for $230,139.33. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-259, Bk. 87, pp. 694-701, AWARDING CONTRACT FOR THE SERVICE OF TOWING AND STORAGE OF IMPOUNDED VEHICLES TO HOLIDAY WRECKER SERVICE. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. Moved by Strait, seconded by Ambrisco, that the ordinance to amend City Code of Ordinances Chapter 26 relating to Peddlers and Solicitors to provide procedures for appeal of denial or revocation of such permits, be given second vote for passage. Affirmative roll call vote unanimous, 5/0, McDonald, Luber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded Dickson, to adjourn at 10:05 PM. The Mayor Pro tem declared the motion carried unanimously, 5/0, McDonald, Zuber absent. For a more detailed and complete description of Council Activities 8 Disbursements, see Office of City Clerk and Finance Department. s/CtEMENS EROAHL, MAYOR PRO TEM s/MARIAN K. CITY CLERK Submitted forr pub publication - 8/ 85 i. i 1 � � r i j 1 i 1� COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES August 13, 1985 Iowa City Council, reg, mtg., 8/13/85, 7:30 PM at the Civic Center. Mayor Pro tem Erdahl presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait. Absent: Zuber. Staffinembers present: Berlin, Timmins, Karr, Milkman, Farmer, Nugent. Council minutes tape recorded on Tape 85-058, Side 2, 1122 -End; 85-C60, Sides 1 and 2; 85-C61, Side 1, 1-478. The Mayor officially thanked the hundreds of people involved in the Special Olympics held in Iowa City last week. He noted the community should be proud of the image projected and the favorable comments received. The Mayor left the meeting. The Mayor Pro tem announced an addition of a Beer Permit to the Consent Calendar. Moved by Baker, seconded by Strait, 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 on 7/30/85, as published, subject to correction and as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - 7/18/85, 8/1/85; Bd. of Library Trustees - 7/25/85; Broadband Telecommunications Comm. - 4/16/85, 5/21/85, 5/22/85, 5/29/85, 7/16/85. Permit Motions and Resolutions: To refund portion of Liquor License to The Gas Company Inn, 2300 Muscatine Avenue. RES. 85-248, Bk. 87, p. 676, to refund portion of Cigarette Permit to The Gas Company Inn, 2300 Muscatine Avenue. RES. 85-249, Bk.87, p. 677, to refund portion of Cigarette Permit to The Annex, 819 First Avenue. Approving Class A Liquor License and Sunday Sales for Loyal Order of Moose, Iowa City Lodge /1096 dba Loyal Order of Moose, Iowa City Lodge #1096, 2910 Muscatine Avenue. Approving Class C Liquor License for George's Buffet, Inc, dba George's Buffet, 312 Market. Approving Class B Beer Permit for B, S, & B Enterprise dba Duds 'n Suds, 5 Sturgis Corner Drive, 81000. Approving Class C Beer Permit and Sunday Sales for Rosalie Vitosh dba Russ' Super Standard, 305 N. Gilbert St. Approving Class C Liquor License and Sunday Sales for Robert Jeter dba Plamor Bowling, 1555 First Avenue. Approving Class C Liquor License and Sunday Sales for Douglas Ouss dba Mama's Bar, 5 S. Dubuque. RES. 85-250, Bk. 87, p. 678, TO ISSUE DANCING PERMIT to Loyal Order of Moose, Iowa City Lodge !1096, 2910 Muscatine Avenue. RES. 85-251, Bk. 87, p. 679, TO ISSUE DANCING PERMIT to Pineapple Management Company, Inc, dba Holiday Inn Iowa City, 210 S. Dubuque. Approving Class C Liquor License and Sunday Sales for Pineapple Management Company, Inc. dba Holiday Inn Iowa City, 210 S. Dubuque. Approving Class E Beer Permit and Sunday Sales for L&M Mighty Shop, Inc, dba L&M Mighty Shop, Inc., 504 E. Burlington. Setting public hearings: To set a public hearing on 8/27/85 for public input on the proposed Nuclear Weapons Free Ordinance. RES. 85-252, Bk. 87, p. 680, to set public hearing on 8/27/85, on plans, specifications, form of contract and estimate of cost for the construction of the Creekside Neighborhood Sidewalk Project. RES. 85-253, BK. 87, p. 681, to set a public hearing on 8/27/85, on plans, specifications, form of contract and estimate of cost for the construction of the Spruce Street Drainage Project. I I I I i i Council Activities August 13, 1985 Page 2 Resolutions: RES. 85-254, Bk. 87, p. 682, ACCEPTING THE WORK FOR THE j GROUNDWATER CUT-OFF TRENCH, IOWA CITY LANDFILL. RES. 85-255, Bk. 87, p, 683, ACCEPTING THE WORK FOR THE ROCHESTER AVENUE RESERVOIR CONTRACT I -RESERVOIR. i Correspondence: Charles A. Mullen regarding Pepperwood Place Shopping Center, Iowa Department of Transportation regarding a slide area repair project. Jan and Rockwell Williams supporting a proposal that Block 64-1a be used for an amphitheater/skating rink. John VeDepo expressing interest in purchasing redevelopment parcel A-3 on Dubuque Street, City Mgr, will reply. Charles A. Barker representing Mr. & Mrs. Nick Peet of 1225 East Davenport regarding the traffic on a city -owned alley adjoining their property, referred to Public Works Dept. Memo from the Traffic Engr. re j diagonal parking on Van Buren Street. i I Applications for the Use of Streets and Public Grounds: Jim Mulford requesting permission to use Delwood Street for a block party on 7/27/85, approved. Procter and Gamble to have a Dividend Day 5K Walk/Run Race on j. 8/3/85, approved. Dorsi Houser requesting permission to use Upland Avenue between Court and Crestview for a block party on 8/11/85, approved. Chamber of Commerce for the use of Clinton Street from Washington to Jefferson for the Chamber/Student Bed Races on 9/13/85, approved pending receipt of certificate of insurance. Affirmative roll call vote unanimous, 5/0, McDonald and Zuber absent. The Mayor Pro tem declared the motion carried and repeated the public hearings as set. A public hearing was held on an amendment to the large scale residential development regulations setting an expiration date for plans. Baker questioned whether the provision for 12 month extensions was limited. Staffinember Milkman stated it was not. No one appeared, j i A public hearing was held on an amendment to the planned development housing overlay zone procedures for approval of development plans. No one appeared. A public hearing was held on an amendment to the zoning ordinance regard- ing the definition of high-rise and low-rise buildings. Staffinember Milkman reported that the Planning and Zoning Commission had unanimously recommended approval of the ordinance and briefly explained y p the ordinance. No one appeared. i A public hearing was held on an ordinance to rezone 3.74 acres of portions of Lots 7 and 8 of Block 1, Braverman Center, (Pepperwood Place Shopping Center) from RM -12 to CC -2. The following people appeared: Robert Hibbs, 606 1 j Reno; David Stone, 831 Sandusky; Anna Buss, 2125 Broadway; Jim Spratt, 2119 Davis; Winifred Brooks, 2025 Taylor Drive; Lori Bears, 21 N. Dodge; Ralph Stoffer, Southgate Development. Staffinember Milkman and City Engr. Farmer present for discussion. Moved by Dickson, seconded by Strait, to accept the correspondence from Jim Spratt on behalf of Thomas Huff showing the cost analysis of Taylor Street closing. The Mayor Pro tem declared the motion carried unanimously, 5/0, McDonald and Zuber absent. Individual Councilmembers noted concerns re the process for notification and meetings to the neighbors on I l Council Activities August 13, 1985 Page 3 large scale residential and non-residential developments and rezonings for commercial use. Council requested the alternative of a "straight -in" access from Hwy. 6 to the proposed shopping center and the drive in front of K -Mart be discussed with Planning & Zoning and suggested the Council meet with the Commission at the next informal on 8/26. Moved by Baker, seconded by Ambrisco, that the ordinance to rezone portions of Lots 7 and 8, Black 1, Braverman Center from RM -12 to CC -2, be given first vote for passage. The Mayor Pro tem declared the motion defeated, 3/2, with the following division of roll call vote: Ayes: Baker, Strait, Ambrisco. Nays: Dickson, Erdahl. Absent: McDonald, Zuber. Staff was directed to follow-up on previous discussion and schedule a meeting with Planning & Zoning at the informal on the 26th. Moved by Ambrisco, seconded by Dickson, that the ordinance to amend the sign regulations in the Zoning Ordinance regarding development signs, be given first vote for passage. Ralph Stoffer, Southgate Development, appeared to answer questions. Baker stated he would be voting against the ordinance as he feels j the sign should be changed and not the Code. The Mayor Pro tem declared the motion carried unanimously, 4/1, with the following division of roll call vote: Ayes: Dickson, Erdahi, Strait, Ambrisco. Nays: Baker. Absent: McDonald, Zuber. t Moved by Strait, seconded by Ambrisco, that the ordinance to amend the sign regulations to permit facia signs to cover up to 15% of the building wall, 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 Ambrisco, that ORD. 85-3249, Bk. 26, pp. 331-333, AMENDING THE FLOOD HAZARD OVERLAY ZONE TO ADOPT REVISED MAPS AND A i FLOOD INSURANCE STUDY, be passed and adopted. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the ordinance adopted. i A public hearing was held on a proposed amendment to the 1985 CDBG Program and Budget. No one appeared. Moved by Ambrisco, seconded by Strait, to adopt RES. 85-256, Bk. 87, pp. 684-685, AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1985 COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM AND BUDGET, for renovation of the Mary 0. Coldren Home. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-257, Bk. 87, pp. 686-692, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREE- MENT BETWEEN THE CITY OF IOWA CITY AND MARY 0. COLDREN HOME FOR AGED WOMEN FOR I THE USE OF 1986 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE PURPOSE OF MAKING REPAIRS AND WEATHERIZING THE RESIDENCE LOCATED AT 602 CLARK STREET for $12,000. Affirmative roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. The Mayor Pro tem announced the following vacancies: Bd. of Adjustment -one vacancy for an unexpired term ending 1/1/87; P&Z Conn. - one vacancy for an unexpired term ending 5/1/86. These appointments will be made at the 9/24/85 meeting of the City Council. I Council Activities August 13, 1985 Page 4 Councilmember Dickson noted the white lane markings on Gilbert & Hwy. 6 were hard to read when wet. Staff will investigate. Ambrisco acknowledged the award of a grant from the State Office of Historical Preservation to be used to nominate the Goosetown Historic District to the National Register of Historic Places. Baker noted the addition of two newspaper vending machines on City Plaza and requested the City Atty. review the vending machine ordinance in San Francisco. Baker questioned if the tree trimming on North Dubuque had been checked out. Staff wi:l investigate. Baker requested staff also investigate construction on North Dubuque Street. Baker noted the resignation of Ed Brinton from the Urban Environmental Committee and thanked him for his valuable work. Strait inquired as to the status of the Parks & Recreation Directors position. The City Manager stated the Committee had reduced the number t Erdahl thanked individuals who had called or written him supporting Public amenity on the last urban renewal parcel 64-1a, and reported he would be scheduling further discussion on the parcel with Don Zuchelli when he returned from vacation. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-258, Bk. 87, p. 693, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO SANCFIi CONSTRUCTION83ASPHALT RESURFACINGPROJECT TO LL.PELLICOOF WA CITY for $23O,9.ffirmativel vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-259, Bk. 87, pp. 694-701, AWARDING CONTRACT FOR THE SERVICE OF TOWING AND STORAGE OF IMPOUNDED VEHthelCity policylonYt towingWRECKER of vehicles forhparkingAviolationsdhe was and underereviewing abandoned McDonald, Zuber cabs able sent. The Mayor fPro mtem vdeclared the resolutionnadopte roll cavote e 5/0, d, Moved by Strait, seconded by Ambrisco, that the ordinance to amend City Code of Ordinaces of er 26 denialrorarevocation Peddlers suchand permits, Solicitors provide be given second vote for passage. Baker noted he had raised objections re the procedure earlier but after discussing the matter with the City Atty. and the City Mgr. felt this method would be less cumbersome and recommended approval. Affirma- tive roll call vote unanimous, 5/0, McDonald, Zuber absent. The Mayor Pro tem declared the motion carried. Moved by Strait, seconded Dickson, to adjourn at 10:05 PM. The Mayor Pro tem declared the motion carried unanimously, 5/0, McDonald, Zuber absent. CLEMENS ERDAHL, MAYOR PRO TEM ATTEST: M R N K. K RR, CI CLERK i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES August 27, 1985 Iowa City Council, reg, mtg., 8/27/85, 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, Helling, Timmins, Karr, Milkman, Farmer, Fosse, Vitosh, Moen. Council minutes tape recorded on Tape 85-C61, Side 1, 478-End and Side 2, 1-End; 85-C64, Sides 1&2; 85-C65, Side 1, 1-176. Moved by Strait, seconded by Ambrisco, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted, as presented: Approval of Official Council Actions of the reg. mtg., 8/13/85, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - 7/11/85; Urban Environment Ad Hoc Comm. - 6/4/85, 8/13/85; Civil Service Comm. - 7/20, 22, 23, 24 & 25/85; Resources Conservation Comm. - 7/15/85; P&R Comm. -8/14/85; P&Z Comm. - 8/15/85; Historic Preservation Comn. - 8/14/85. Permit Motions and Resolutions: Approving Class C Liquor License for Micky's of Iowa City, Ltd. dba Micky's, 11 S. Dubuque. Approving Class C Beer-Wine License and Sunday Sales for Bushnell's Turtle dba Bushnell's Turtle, 127 E. College.. Approving Class B Liquor License and Sunday Sales for Highlander Inc. dba The Highlander Inn & Supper Club, 2525 N. Dodge Street. Approving Class C Beer Permit and Sunday Sales for Pleasant Valley Orchards & Nursery, Inc. dba Pleasant Valley Orchards & Nursery, Inc., 1301 S. Gilbert Street. Approving Class B Wine Permit for Drug Fair, Inc. dba Peoples Drug 05276, 2425 Muscatine Avenue., Approving Class C Beer Permit and Sunday Sales for Doc's Standard Inc. dba Doc's Standard Inc., 801 S. Riverside Drive. RES. 85-260, Bk. 87, p. 702, ISSUING DANCING PERMIT to The Highlander Inn & Supper Club, 2525 N. Dodge. RES. 85-261, Bk. 87, p. 703, ISSUING CIGARETTE PERMIT to Campus Standard Service, 102 E. Burlington. Approving Class B Wine Permit for Claret & Friends, Inc. dba Claret & Friends, 323 E. Market Street. Approving Class C Liquor License for Linda Rea Fellers dba My Sisters' Place, 928 Maiden Lane. Approving Class E Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co-op, 22 S. Van Buren Street. Approving Class C Liquor License and Sunday Sales for Cardan, Inc. dba Joe's Place, 115 Iowa Avenue. Approving Class B Wine Permit for Inc. Limited dba The Sanctuary Restaurant and Pub, 405 South Gilbert. Setting public hearings: RES. 85-262, Bk. 87, pp. 704-707, TO SET A PUBLIC HEARING ON 9/10/85 FOR ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, capital improvement projects. Motions: Approving disbursements in the amount of $2,895,298.38 for i the period of 7/1 thru 7/31/85, as recommended by the Finance Director, subject to audit. Correspondence: J.C. Hickman regarding the alley which runs behind the Press -Citizen building, City Mgr. will reply. Southgate Development regarding the leasing from the City of the U-Smash-Em Building, City Mgr. to reply. Edward I. Koch, Mayor of New York, requesting that Iowa City I Council Activities August 27, 1985 Page 2 join in supporting an end to the commercial and diplomatic relationships with the South African government. Mrs. Teresa S. Lara regarding cottonwood trees, City Mgr. will reply. Dave Steve concerning possible purchase of property adjacent to Ralston Creek, City Mgr. will reply. Memo from the Traffic Engr. regarding: East northbound lane of First Avenue at Bradford Street; Parking prohibitions in the 500 block of South Maiden Lane; Gross weight limits on the bridge over Ralston Creek at Brookside Drive; Parking on South Clinton Street between Wright Street and the railroad right-of-way; Parking prohibition on the west side of the 600 block of South Madison Street; Parking prohibition on north side of Willow Creek Court. Memo from the Civil Service Commission submitting certified lists of applicants for the following positions: Shop Supervi- sor/Equipment Division; Administrative Clerk Typist/Fire Department; Assistant Treatment Plant Operator/Pollution Control; Clerk Typist/Police Records; (2) Mass Transit Operator/Transit; Maintenance Worker I/Refuse; Maintanence Worker II/Transit; Maintenance Worker III/Pollution Control; Maintenance Worker III/Transit; Senior Clerk Typist/Recreation; Mainte- nance Worker II/Streets; Maintenance Worker III/Streets; Police Dis- patcher-Rotating/Police; Associate Planner/Planning and Program Develop- ment; Administrative Secretary/Police. Applications for Use of Streets and Public Grounds: League of Women Voters for the use of the Civic Center lobby to serve refreshments on 9/19/85, approved. Regina High School to have the Iowa City Fall Fun Festival Run on 8/31/85, approved. Mike Henry for the use of Blackhawk Minipark to display material and sell crafts to benefit Latin American Human Rights Advocacy Center on 8/28-31/85, approved. Jean Villhauer to have the Diabetic Association 10 and 5 kilometer road races on 9/8/85, approved. Michael Connel to have Diabetes Bike Ride and Stride on 9/29,85, approved. Ray Davies for the use of Regal Lane for a neighbor- hood party on 8/24/85, approved. Mr. and Mrs. Peter Kennedy for the use of a portion of Normandy Drive for a neighborhood party on 9/2/85, approved. Kathleen Kamerick for the use of Blackhawk Minipark for a bake sale to benefit Amnesty International on 9/14/85, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance amending the Large Scale Residential Development Regulations setting an expiration date for plans, be given first vote for passage. 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 amending the Zoning Ordinance regarding the Planned Development Housing Overlay Zone procedures for approval of development plans, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Councilmember Strait inquired if the readings could be waived on the ordinance regarding high-rise and low-rise buildings. The City Atty, stated he felt an ordinance should be given two considerations prior to passage. Moved by Strait to waive first consideration and give the ordinance second consideration at this time. The Mayor declared the motion dead for lack of a i Council Activities August 27, 1985 Page 3 second. Moved by Strait, seconded by Ambrisco, that the ordinance amending the Zoning Ordinance regarding the definition of high-rise and low-rise buildings, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion for first consideration carried. Moved by Ambrisco, seconded by Dickson, that the ordinance amending the Sign Regulations in the Zoning Ordinance regarding development signs, be given second vote for passage. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: McDonald, Strait, Zuber, Ambrisco, Dickson, Erdahl. Nays: Baker. Moved by Ambrisco, seconded by Zuber, that ORD. 85-3250, Bk. 26, pp. 334-336 AMENDING THE SIGN REGULATIONS TO PERMIT FACIA SIGNS TO COVER UP 15% OF THE BUILDING WALL, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. The Mayor noted the next item, a motion to reconsider an ordinance (rezoning portions of Lots 7 and 8, Braverman Center for the Pepperwood Place Shopping Center), had been reviewed by the City Attorney and the motion should be to "renew" the motion to consider the rezoning rather than to "reconsider." City Atty. Timmins stated he had reviewed Roberts Rules of Order and that reconsideration of the ordinance was not appropria a in is case but the proper method was for a motion to renew first consideration of the ordinance. The motion to renew could be made by any Councilmembers and need not be made by a member of the prevailing side as with a motion to reconsider. Councilmember Erdahl questioned if there had been a formal vote to refer the matter back to Planning and Zoning in which case the motion to renew could not be considered until Planning and Zoning had met with Council. The City Atty. and City Clerk read the minutes of the previous meeting and no such motion was recorded. Moved by Strait, seconded by Ambrisco, to renew the motion to give first consideration to an ordinance to rezone portions of Lots 7 and 8, Block 1, Braverman Center from RM -12 to CC -2. The following people appeared: Jim Spratt, 2119 Davis; David Stone, 831 Sandusky; Rebekka Trippet, 1034 Sandusky; Anna Buss, 2125 Broadway. Planning and Zoning Chairperson Tom Scott appeared to respond to Council concerns. Staffinember Milkman present for discussion. Erdahl and Dickson reiterated their concerns about traffic circulation in the area. The Mayor declared the motion to renew first consideration carried, 4/2/1, with the following division of roll call vote: Ayes: Ambrisco, Baker, McDonald, Strait. Nays: Dickson, Erdahl. Abstaining: Zuber. Recommendation of the Planning and Zoning Commission to Coralville indicating approval and noting the deficiencies and discrepancies found in preliminary and final plat for Lot 2, Dave's First Subdivision (City of Coralville, Courtesy Review), noted. A public hearing was held on the Nuclear Weapons Free Iowa City Ordinance presented under Initiative Procedures of the Iowa City Charter. The follow- ing people appeared: Susie Kocher, 802 Bowery; Crockett Grabbe; Barbara Ruth, 3316 Shamrock Drive; Bill Bywater, 2501 Potomac, representing the Chamber of Commerce; Phil Roeder, 410 S. Summit; R. Palmer Howard, 919 Rider; Thomas Moor, 507 Iowa Ave.; Rev. Bob Welsh, 2526 Mayfield; John Keenan, 802 Bowery; James Balmer, 235 Ferson Ave.; David Elick, 530 N. Clinton; Jean I Council Activities August 27, 1985 Page 4 Robinson; Michael Lafontant, 702 Iowa Ave.; Paul Pomrehn, 1610 Morningside; Bill Sinnard; and Karen Kubby, 914 S. Dubuque. Council will consider this ordinance at the meeting of 9/10. Moved by Dickson, seconded by ErdahT, to accept the correspondence from Barbara Ruth; R. Palmer Howard; and Bill Bywater, Chamber of Commerce. The Mayor declared the motion carried unani- mously, 7/0, all Councilmembers present. A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of the Creekside Neighborhood Sidewalk Project. The following people appeared: J. Paul Swartzendruber, 1231 First Ave. and Jeanne Tack, 2009 G Street. City Engr. Frank Farmer and Civil Engr. Fosse present for discussion. Moved by Strait, seconded by Baker, to accept the correspondence from Robert Humphrey; petition submitted by Jeanne Tack; Lyn Griffin; Doug Griffin; John and Blanche Knox; Mrs. Don Benjamin; Mrs. Edgar Vassar; Twila and Richard Hobbs; William Nonick; Eve Casserly and Bridget Baschnagel; Leland McCormick; and memo re Mrs. Edward Hogan. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Baker, seconded by Ambrisco, to adopt RES. 85-263, Bk. 87, p. 708, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CREEKSIDE NEIGHBORHOOD SIDEWALK PROJECT AND AUTHORIZING BIDS TO BE RECEIVED ON 9/17/85. City Engr. Farmer, Civil Engr. Fosse, and Planner Moen present for discussion. Erdahl noted with apprecia- tion the time spent by CCN in reviewing neighborhood concerns. 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 estimate of cost for the Spruce Street Drainage Project. Sharon Shapcott, 1105 Spruce and Charley Parrott, 1128 Spruce appeared in support of the project. City Engr. Farmer stated bids were scheduled for three weeks and construction this fall. The City Mgr. noted the project requires the City obtain an easement from the railroad and the agreement would be coming before Council at a later date. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-264, Bk. 87, pp. 709, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SPRUCE STREET DRAINAGE PROJECT AND AUTHORIZING BIDS TO BE RECEIVED ON 9/17/85. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Jim Spratt, 2119 Davis, appeared re traffic circulation around the proposed Pepperwood Shopping Center. The Mayor announced the following vacancies: Riverfront Comm. - one vacancy for a three-year term ending 12/1/88; Resources Conservation Comm. -one vacancy for an unexpired term ending 1/1/88. These appointments will be made at the 10/8/85 meeting of the City Council. Moved by Erdahl, seconded by Ambrisco, to appoint Craig Welt, 1150 Sunset, to the Design Review Committee for an indefinite term and to re -advertise an appointment to the Housing Commission for an unexpired term ending 5/1/87. -_I I I Council Activities August 27, 1985 Page 5 Councilmember Strait noted previous informal Council discussion regarding a request from Mayor Koch to write a letter to the President of the United States supporting an end to the commercial and diplomatic relationships with the South African government. Staff will prepare a letter. Erdahl commented on the number of Board and Commission vacancies and encouraged citizens to apply. Strait requested the Rules Committee meet to discuss a spouse policy for boards and commissions. Ambrisco reiterated his desire for Council to hold pre -budget sessions prior to formal budget proposals in January. Dickson requested Council schedule an update re economic development. Zuber questioned whether Council had decided to put in the sidewalk on the east side of treon thewest Plside. Street eTheMayorreviewed informal wdiscussionr of sith the the eprevious evening and the majority of Council agreed to sidewalks on one side of the street. E Councilmember Strait requested monthly report on transit ridership since I the fare increase and a memo re local option tax. The City Manager stated both would be coming shortly to Council. f Recommendation of the Historic Preservation Commission: The Historic Preservation Commission requests Council authorization to cooperate with the Johnson County Historical Society and the Friends of Old Brick in sponsoring a tour of local historic homes and to solicit funds from private sources to finance this event. The Commission also requests that E300 be allocated toward the project for tour publicity expenses and for purchasing preserva- tior. T-shirts. Recommendations from the Urban Environment Ad Hoc Committee on regulation of land disturbing activities and requirements for site development plans to implement the City's policy for preservation of and protection of environmen- tally sensitive lands. Councilmembers Baker and Strait requested this matter be scheduled for informal Council discussion at the next meeting. The City Manager will review pending matters and schedule this item before September 17th. Moved by Ambrisco, seconded by Baker, to adopt RES. 85-265, Bk. 87, pp. 710-711, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY86 ALLEY PAVING ASSESSMENT PROJECT TO METRO PAVERS, INC. OF IOWA CITY, IOWA, for $43,271.76. Baker requested the removal and placement of grass be handled in the proper manner. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Dickson, to adopt RES. 85-266, Bk. 87, p. 712, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING AND ' THE OFFICIAL STREET CONSTRUCTION PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1985. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Erdahl, to adopt RES. 85-267Bk. 87 P 713-714, CERTIFYING UNPAID REFUSE CHARGES TO COUNTY AUDITOR FOR IOLLECTI6NIN THE SAME MANNER AS A PROPERTY TAX. Finance Director Vitosh present for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers I j I i I I . Council Activities August 27, 1985 Page 6 present. The Mayor declared the resolution adopted. Moved by Baker, seconded by Ambrisco, to accept the letter from Bruce Glasgow. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-268, Bk. 87, pp. 715, NAMING DEPOSITORIES, for public funds and the pledging of approved collateral securities for bank deposits. Finance Director Vitash present for discussion. 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. 85-269, Bk. 87, pp. 716-718, AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE THE DEPOSIT AGREEMENT AND THE DEPOSITORY FEES AGREEMENT WITH THE DEPOSITORIES AUTHORIZED BY THE CITY present. The Mayor declared the re , 7/0, all Councilmembers solution adopted. all vote s Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-270, Bk. 87, pp. 719-734, AUTHORIZING THE EXECUTION OF A REVISED ANNUAL CONTRIBUTIONS CON- TRACT, HOUSING_VOUCHER PROGRAM PROJECT IA05-VO22-001. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, that ORD. 85-3251, Bk. 26, pp. 337-339, TO AMEND CITY CODE OF ORDINANCES CHAPTER 26 RELATING TO PEDDLERS AND SOLICITORS TO PROVIDE PROCEDURES FOR APPEAL OF DENIAL OR REVOCATION OF SUCH PERMITS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Movern at 10:35 P. declareddby Strait' the mots n'carriedeunanimRusly,'7/D,aalluMayor CouncilmembersMpresent A 1T M AA2 M AN K.�KARR, CIY E K Informal Council Discussion August 26, 1985 Informal Council Discussion: August 26, 1985, at 6:30 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Strait, Baker, Ambrisco, Dickson, Erdahl (6:55 p.m.) Absent-.- Zuber. Staff Present: Berlin, Helling, Timmins, Karr, Smith, Milkman, Beagle, Boothroy, NuFent, Hencin. e -recorded: Reel 85-059, Side 1, 288 -End, Side 2, all; 85-C62, all, g, ide 1, 1-58. PLANNING AND ZONING MATTERS: 3a. Consider an ordinance amending the LSRD regulations setting an ex2ira- 3b. tion date for pians. Milkman explained the ordinance will provide for a 24 month expiration date on all approved final development plans and noted no one spoke at the public hearing. No discussion. 3c. Consider an ordinance amending the Milkman explained the definition includes 65' for high-rise and 35' or less for low-rise. In response to Baker, McDonald said six Council votes are needed to waive the last reading. 3d. Consider an ordinance amending the Sign Regulations in the Zoning No discussion. 3e. Consider an ordinance to amend the Sign Re ulat ::..-- ♦.. ..,...o. ��� 4n 75 narrant n the uliuln❑ WE 3f. No discussion. McDonald asked what Councilmembers could request the ordinance to be reconsidered. Timmins said the previous ordinance failed and Council may reconsider the ordinance if the motion to reconsider is made by a member voting with the prevailing side. Strait stated that he believed any person in a body could make a motion to reconsider whether they are in the majority or minority. Timmins referred to Roberts Rules of T 3d INFORMAL COUNCIL DISCUSSION AUGUST 26, 1985 PAGE 2 Orders, Section 60, page 112, to consider a ouestion a "This motion can only be made by one who voted nn t a nro .� ,606�� ,icL ne urLerprecs cne prevainng slae as those who voted against it. Berlin asked what process will need to be followed if the motion is not reconsidered at tomorrow's formal Council meeting and if the Council would like to consider it again. Milkman stated that if there is not a motion to reconsider, the applicant would need to go through the Planning and Zoning and public hearing process again. In response to McDonald, Timmins agreed that Erdahl and Dickson would need to make the motion to reconsider. 3g. Consider an ordinance to rezone portions of Lots 7 and McDonald stated that he had asked Tom Scott, Chairperson of the Planning & Zoning Commission, to attend tonight's informal Council meeting to discuss and explain the process and consideration that the Planning & Zoning Commission had given before the recommendation was forwarded to the Council. Scott reported that the Planning & Zoning Commission addressed and reached consensus on the issues raised by the Council; decisions were made on the premise that Broadway should be open and signalized and that traffic circulation is needed for the residential area south of K -Mart. Scott explained that there would be internal traffic control problems if there was a direct access from Highway 6. Scott stated that there was a problem with the proposal to open Broadway Street and enter with a drive that would bisect K -Mart parking lot due to Iowa State Bank's desire to retain their green space south of their property. Scott said the Planning & Zoning Commission met with Iowa State Bank, the Traffic Engineer and proposed developer over a six week time period and all issues were adequately addressed. Scott said issues raised by Council members and at the public hearing were discussed by the Planning & Zoning Commission and staff. Dickson inquired about changes made to the final plan. Scott said the final plan negotiated by Council included changes of traffic circulation to serve the Colonial Office Building and retaining Hollywood Boulevard open in front of that building, expansion of improvements to Keokuk/K-Mart drive intersection, revision for six inch curbs, installation of sidewalks, and Taylor Drive change. McDonald asked if four Council members have the right to suspend the rules. Timmins said the rules of order could be suspended. Erdahl stated that a meeting should be held with the Planning & Zoning Commission to examine the issues and that he had hoped that staff would look for alternatives to address issues so that the proposal could be modified. McDonald noted that the Planning & Zoning Commission had addressed the direct access proposal and rejected it as not being the most beneficial. In response to Erdahl, Scott said that there is not a straight thru-way street to Sycamore. Erdahl said that there are problems with streets that were not intended as collector streets becoming trafficways. Erdahl questioned if there was a full and fair discussion of the issues. Scott explained that the original tract was zoned commercial, downzoning on the undeveloped area occurred with the new zoning ordinance, there was not a proposal pending for any commer- INFORMAL COUNCIL DISCUSSION AUGUST 26, 1985 PAGE 3 cial development other than the present K -Mart store, and the public was informed when the developer submitted the proposal to rezone additional land to commercial. In response to Erdahl, Scott said the public was given adequate opportunity to discuss alternatives. Erdahl inquired about the Assistant City Attorney's statement that certain items were not open for discussion. Scott stated that Dick Boyle informed the Commission and the public that the question of whether or not there was a need for an additional grocery store was not what was to be considered or discussed, and the question was whether or not the land was appropri- ate for rezoning and whether or not the developers had a bona fide development before the Commission. Scott stated that the Assistant City I Attorney said the Planning & Zoning Commission is prohibited from taking into consideration the competitiveness of whether or not another grocery store is needed or required. In response to Erdahl, Scott said the zoning for the area is consistent with the Comprehensive Plan. Baker inquired about the internal traffic flow. Scott replied that there are problems because of the developer's inability to move the drive that runs in front of K -Marts store and Iowa State Bank's desire not to develop their green space. Scott explained that the proposed new drive j across the development had to tie in with the existing drive. Scott em- phasized that the Planning & Zoning Commission spent a large portion of time addressing issues and if the Council refers the ordinance back to the Planning & Zoning Commission, the Planning & Zoning Commission would only adopt minor changes that staff worked out and would promptly return it to Council. Milkman said Broadway Street was designed as a collector street and there are only -five single-family residential lots on that street. Dickson said the public input was received regarding the large number of children in the area. Berlin asked if there was anything in the consid- eration of the Comprehensive Plan that changed, the Zoning Ordinance or density in the area. Scott stated that there were no major changes in the area when the Comprehensive Plan was considered. Erdahl asked what the distance would be to establish a collector street to Gilbert Street and when would it be established. Milkman stated that there is nothing platted to establish a collector street to the south. Erdahl asked if the Comprehensive Plan provides for a collector street south to the city limits. Southgate representatives stated that Sandusky Drive and Southgate Avenue are collector streets that will be developed over to South Gilbert Street. Erdahl said there are a number of residents in the area that would like to consider other means of egress. Scott said that if the City had the responsibility for a collector street, the project would not be included in the CIP for five years. Dickson asked if a road from Sandusky Drive to Highway 6 could be built. Berlin stated that a road from Sandusky to Highway 6 would cause more arterial traffic to circulate through single-family residen- tial areas. Erdahl stated that Southgate Development's inability to negotiate use of the parking lot with K -Mart is not the Council's problem. Council received additional proposals on alternative traffic circulation patterns from Mr. Stone. 1-3o INFORMAL COUNCIL DISCUSSION AUGUST 26, 1985 PAGE 4 3h. Consider a Milkman stated the Planning & Zoning Commission recommended the City Council submit a letter to Coralville City Council indicating the deficiencies. This property is located in Coralville's fringe area. McDonald noted the Iowa City Council does not have any authority to approve the subdivision. VISTA PARK: Reel 85-059, Side 2 I Beagle reviewed with Council the original development proposal, the compro- mised proposal with the neighbors with access off of Scott Boulevard, and the current proposal. Beagle said the Planning & Zoning Commission discussed realigning access off of Scott Boulevard informally with the applicant; it was the consensus of the Planning & Zoning Commission that the proposal was inadequate because it would segregate this subdivision from Court Hill Addition, and by extending a residential development onto Scott Boulevard it would defeat the purpose of Scott Boulevard serving as a major arterial street; and Hallmark Homes Inc. then withdrew their OPD -H proposal and submitted a conventional subdivision application conforming with the minimum RS -5 standards. Beagle explained that Mr. Hershberger would like to discuss with the Council how the cost of extending Peterson Street should be equita- bly apportioned. Beagle said the Planning & Zoning Commission took formal action on the plats August 15th, recommending that they be approved with Hallmark paying the total cost to extend Peterson Street. In response to Strait, Beagle said he believes neighbors favor the new development because it is less dense, but would still prefer having access out to Scott Boule- vard. In response to Erdahl, Beagle stated that Scott Boulevard is a primary arterial and allowing a curb cut to serve a residential subdivision could conflict with movement of traffic. Chuck Mullen, attorney representing Hallmark Homes Inc., reviewed past history of development in the area and stated that it would be equitable for the property owners abutting the street to be assessed because they would be benefitted by the project and the City should pay its share of the cost for the street that abuts the Iowa City Housing Project. Berlin noted that the developer has accrued economic benefits from the construction of Scott Boulevard which was paid for entirely by the City. Berlin stated that if the proposal goes forth, a portion of the right-of-way would need to be vacated to the development prior to the subdivision. Mullen stated Hallmark Homes needs to know what the City's assessments plans are regarding this project and if the City feels obligated to pay for improvements that abuts the City's housing project. Erdahl asked if a proposal to put a street out onto Scott Boulevard had been presented to Council. McDonald said the proposal was reviewed by the Planning & Zoning Commission. Scott stated that review of that proposal was informally discussed by the Planning & Zoning Commission and the developer withdrew that application. Erdahl stated that he has not been informed by the Traffic Engineer and Planning & Zoning Commission about the proposal. S -,3o INFORMAL COUNCIL DISCUSSION AUGUST 26, 1985 PAGE 5 In response to Baker, Beagle said that probably less than 15 properties would be assessed at a total estimated cost of $50-$55,000. Berlin noted that the housing project cannot be assessed and it would set a precedent. Berlin emphasized that the City has already conferred on to the property owners a considerable economic benefit by building Scott Boulevard. Council agreed to consider improvements of that portion of Peterson Street abutting the City's housing project, but, did not wish to assess abutting property owners. In response to Baker, Scott said Planning & Zoning discussed assessment and that there was a formal vote recommending not to assess the abutting property owners. Erdahl inquired about Planning & Zoning's recommendation regarding the City's portion of the street. Scott stated that a majority of Planning & Zoning Commission members felt the developers should bear the cost of extending the pavement in his subdivision. Jerry Atkins stated that exiting off of Scott Boulevard should be considered as a viable option. Erdahl said the Council did not get the opportunity to consider all alternatives. In response to Erdahl, Baker stated that neigh- bors will have the opportunity to discuss concerns at the public hearing. CONGREGATE HOUSING PROJECT: Reel 85-C62, Side 1 i I Housing & Inspection Services Director Boothroy introduced staffinember Mary Nugent and Mary Parden, representing the Congregate Housing Committee. Boothroy stated that Council received a memo from the Congregate Housing Committee recommending funding for a congregate services coordinator. Boothroy explained that the congregate services coordinator position should be funded for at least three years and a full-time professionally trained person be hired. In response to McDonald, Boothroy said the coordinator could be housed in an existing agency. Boothroy stated that if the Council agrees to the concept, the Congregate Housing Committee will present Council with a specific proposal. Erdahl inquired about using CDBG monies for programs instead of buildings. Boothroy explained that money would increase inefficiency to help frail elderly. Berlin said that there exists questions about what is the role of Elderly Services Agency (ESA) and there could be potential cutbacks of block grant monies. Baker said it should be resolved whether or not existing agencies can satisfy the need for a service coordinator. Ambrisco asked about using volunteer staffing. Parden said a professional staff person should be used. Berlin said the Human Services Coordinator should review the functions that current agencies are providing. I Council agreed to proceed with the congregate services coordinator concept. I 1 � INFORMAL COUNCIL DISCUSSION AUGUST 26, 1985 PAGE 6 COUNCIL AGENDA/TIME: Reel 85-C62, Side 2 1. (Agenda item 2F(2)). In response to McDonald, Berlin said staff is providing Southgate Development with information re leasing of the U -Smash -Em Building. Council directed staff to proceed with discussions with Southgate Development. 2. (Agenda item 2F(1)). Berlin stated staff will provide Council with more information about the deteriorating alley behind the Press -Citizen building. Berlin asked Councilmembers to look at that alley prior to further discussion. 3. (Agenda item 2F(4)). McDonald inquired about the status of the Cottonwood Tree Ordinance and stated Council informally agreed to amend the ordinance. Berlin stated that the City has received calls from the County Attorney's Office. McDonald requested the matter be scheduled for discussion. 4. (Agenda item 2F(5)). In response to McDonald, Berlin stated Council will receive more information regarding possible purchase of property adjacent to Ralston Creek. Baker requested a diagram of the area. Berlin stated Council will need to address the boundaries for IRBs. 5. McDonald inquired about the status of sidewalks on the west side of Pleasant Street near the large blue spruce tree. Berlin stated sidewalks will be installed on the east side only. Ambrisco stated he has received input regarding concerns for safety. Majority of members decided not to install the sidewalks on the west side. Berlin stated he will write a letter to all petitioners. X'-30 6. In response to Erdahl, Berlin will check the status of the Traffic Engineering studies for the First Avenue and Rochester intersections and Church and Dodge Street intersections. Erdahl inquired as to what power Councilmembers have to make decisions on the installation of traffic lights. Berlin stated Councilmembers can consider traffic lights in the CIP. 7. In response to Baker, Berlin stated there will be screening at the east side water tower. i 8. Baker inquired about the memo from Margaret Nowysz regarding street names. Baker stated that F.W. Kent should be added to the list of names and any names of living people should be deleted. Council agreed to the policy that living people be excluded from the list. 9. Strait noted that Timmins will review the Nuclear Free Ordinance. Timmins stated that he will be prepared to discuss the ordinance. 10. (Agenda item 2F(3)) Strait stated Councilmembers received a letter from Mayor Koch of New York regarding South Africa. Strait stated that Iowa City should send a letter to the President of the United States regarding economic sanctions against South Africa. Councilmembers agreed to Baker's recommendation to draft a letter in strong terms. X'-30 INFORMAL COUNCIL DISCUSSION AUGUST 26, 1985 PAGE 7 11. Strait inquired about paying for construction projects upon completion as it regards to the parking ramp. Berlin stated that the City hired an engineer to design the project and separate contractors for the construc- tion and inspection of the project. The construction inspector was an employee of the design contractor. The construction contractor and inspection contractor were paid separately. Timmins noted that the City's engineer would not have been on the job site. In response to Strait, the contractor has recently inspected the project. Ambrisco stated he has been contacted by Selzer Construction and HLM and that the current contractor and architect should not be held responsible for the recent delays. 12. Dickson inquired about a memo from Vitosh regarding the consideration of a resolution authorizing the bond sale on September 10 immediately following the public hearing. 13. Ambrisco inquired about the completion date for the underground work at Mercy Hospital. A memo will be sent to Council. 14. In response to Ambrisco, Berlin stated that the Iowa Avenue bridge railing height comply with State requirements and the bridge should be opened early in September. In response to Dickson, Berlin stated sidewalks are installed on the north side and are open for pedestrian traffic. APPOINTMENTS: Reel 85-C63, Side 1 Design Review Committee: Craig Welt Housing Commission: No applicants - Readvertise EXECUTIVE SESSION: Moved by Dickson, seconded by Strait, to adjourn to executive session under Section 21.5.0 Litigation to discuss strategy with Council on matters that are presently in litigation or where litigation is eminent where its disclo- sure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 6/0, Zuber absent. Mayor declared the motion carried. Council adjourned to executive session at 9:35 p.m.