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HomeMy WebLinkAbout1985-09-24 Council minutest. Informal Council Discussion August 26, 1985 Informal Council Discussion: August 26, 1965, at 6:30 p.m. in the Council Chambers at the C vtc Center. Mayor John McDonald presiding. Council Present: McDonald, Strait, Baker, Ambrisco, Dickson, Erdahl (6:55 p.m. sen Zuber. Staff Present: Berlin, Helling, Timmins, Karr, Smith, Milkman, Beagle, oo roy, ugent, Hencin. Tape-recorded: Reel 85-059, Side 1, 288 -End, Side 2, all; 85-C62, all, i 1-58. PLANNING AND ZONING MATTERS: 3a. Consider an ordinance amending the LSRD regulations setting an expira- tion gate for pians. i Milkman explained the ordinance will provide for a 24 month expiration date on ail approved final development pians and noted no one spoke at i the public hearing. 3b. Consider an ordinance amendOrdi rnance re rdinyath PlannedDevelopment Housing nvayZ4es orProe o idevelopment pians. i No discussion. 3c. Consider an ordinance amendin the ZoningOrdinance regarding defini- tion o ig -r se an ow -r se ullaings. ,I 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 Ordinance regarding development signs. No discussion. 3e. Consider an ordinance to amend the Si n Re ulations to permit fascia signs o cover up to percent o e u fno wall No discussion. 3f. Consider motion whether or not an ordinance to rezone ortions of Lots ' an BlockBraverman enter from o s ou a recons ered. McDonald asked what Councilmembers could request the ordinance to be reconsidered. Timmins said the previous ordinance failed and Council I 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 y INFORMAL COUNCIL DISCUSSION AUGUST 26, 1985 PAGE 2 3g. Orders, Section 60, page 112, to consider a "This motion can nnly ho maria by n.n —37� ..- ------11.ICrPIU6a Lne prevailing sloe as chose 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. 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 Commissionto 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 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 -Mart's store and Iowa State Bank's desire not to develop their green space. Scott explained that the proposed new drive 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 inclGded 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 -- --- INFORMAL COUNCIL DISCUSSION AUGUST 26, 1985 PAGE 4 3h. 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 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. INFORMAL COUNCIL DISCISSION 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 E50-555,000. 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 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. Council agreed to proceed with the congregate services coordinator concept. t. - .__..- - __ .- -_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. 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 LIP. 7. In response to Baker, Berlin stated there will be screening at the east side water tower. 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. 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 imnediately 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, tuber absent. Mayor declared the motion carried. Council adjourned to executive session at 9:35 p.m. r Informal Council Discussion September 9, 1985 Informal City Council Discussion: September 9, 1985 at 6:35 p.m* in the Council ambers at t e iv c Center. Mayor John McDonald presiding, Council Present: McDonald, Baker, Zuber, Dickson, Strait, Erdahl (7:20 p.m. sen : Ambrisco. Staff Present: Berlin, Helling, Timmins, Karr, Smith, Franklin, Farmer, Sc mad—F eke, Gannon, Vitash, Kimble, O'Malley, Milkman, Cassady. Tape Recorded: 1, 1-�49� Reel 85-C63, Side 1, 58 -End, Side 2, 1 -End, Reel 85-C66, Side Consent Calendar Reel 85-C63, Side 1 The following businesses requested to be added to the consent calendar for approval of permits: Dan's Shortstop Corporation - Class E Beer Permit 8 Sunday Sales; Cigarette license Dubuque Street Deli - Class B Beer Permit and Sunday Sales The Airliner - Sunday Sates Country Kitchen - Special Class Beer -Wine Permit License 8 Sunday Sales Rocky Rococo - Special Class C Beer -Wine 6 Sunday Sales Planning b Zoning Matters Reel 85-C63, Side 1 In response to Baker, McDonald stated that six Councilmembers' votes are needed to waive readings to Planning and Zoning items that are scheduled. A. Consider an ordinance amendin the LSRO regulations settingan ex ira- ion a e or pans, secon cons era on. No discussion. B. Consider an ordinance amendin the Zonin Ordinance re ardin the planned development housing over ay zone prace Ures- or approve o eve op- ment plans, second consideration. No dispussion. C. Consider an ordinance amending the Ion in Ordinance re ardin the definition o g -r se an aw-r se u ngs, secon cons era on. No discussion. Baker requested the readings be waived. I i D. Consider an ordinance to rezone portions of Lots 7 and "lock 1, In response to Strait, Franklin stated four Council votes are necessary. 1 y 2 E. Consider an ordinance amending the sin re ulations in the Zoning r mance regar tng eve oDmen stens, passe an a op e . No discussion. F. Consider an recommendation to the Plannino and Zonina Covmiccinn ro„.�A_ Franklin explained that this will permit planned developments on tracts of less than two acres,and with appropriate performance standards. The Planning and Zoning Commission would like this work item to take precedence over amendments to the subdivision regulations. Benton Street Bridge Proiectj Reel 85-C63, Side 1 Councilmembers received a report in their Council packets. In response to Strait, Noel Willis, N.N.W. Inc., explained that the alternative designs to widen on both sides with the center of the new bridge centered on the old bridge would not allow for traffic flow during construction and the alterna- tive design to widen on the north side of the bridge would allow for the traffic control during most of the construction period. Willis said the project would take an estimated 15 months to complete.Farmer explained that the RFBs were sent to eight or.nine engineers and N.N.W. Inc. was chosen to do the preliminary design study. Construction will begin upon completion of the Burlington Street bridge repairs. Berlin stated that FAUS funds for the project were borrowed one year ahead and allocated through JCCOG. Farmer I said the share of FAUS money is approximately, $530,000, depending upon the cost of the Dubuque Street paving project; share of FBR money is ;650,000; and the City's share utilizing GO bonds is approximately $1,000,000. In response to Councilmembers, Farmer said the Iowa Avenue bridge will be open on Wednesday, the contractor owns the temporary walkway to the Iowa Avenue bridge, and the Burlington Street bridge will not be completed before the next University of Iowa football season. McDonald inquired if the engineer studied the feasibility and cost of rehabilitating the Benton Street bridge. Farmer explained that some prelimi- nary work was done three years ago on the Benton Street Bridge abutments. Willis explained that the Benton Street bridges project's per square foot cost will be less than the Iowa Avenue and Burlington Street bridge projects. Councilmembers agreed to the Benton Street bridge project as recommended by the Engineering Department. GG Bond Presale Analysis Reel 85-C63, Side 1 Vitosh introduced Kevin O'Malley, the City's new Assistant Finance Director, and Wayne Burggraaff, Evensen Dodge Inc. The presale analysis for the City's GO bond issue was prepared by Evensen Dodge Inc. Burggraaff explained the discount concept to Councilmembers. Burggraaff stated that the Iowa law did not permit the use of an under- writer's discount when the City issued GO bonds in 1982 and that law was changed in 1983. A discount is now permitted. The underwriter's discount is t i _- _ - -_ _ _-__ - the fee/compensation the underwriter receives for their part in the GO bond issuance transaction. A discount of up to 10% will be permitted on the proposed bond issue (up to a maximum of $47,000). Burggraaff explained that before discounts were allowed, the underwriters would subtract their fees from the issuance without a discount by bidding coupon rates that were higher in the first few years and then reselling the bonds at a lower yield. Burggraaff said problems could result when high coupons are bid in the first few years and lower coupons in the last several years should this City want to refinance the issue at some future time to lower the cost of the debt service payments. Burggraaff explained that the discount allows the City to make specific requirements of the underwriter that could help the City in the future if the City has the opportunity to refinance the issue. In response to Strait, Burggraaff said the upcoming GO bond issue will not have a negative impact on the City's AAA bond rating; the repayment schedule for the issue is aggressive and consistent with previous issues; and the debt per of outstanding Iowa ing bondsincluding the upcoming is below the vIssue will e. tbeh total said the $17,900 000 and 'the total legal debt limit is over $62,000,000. Burggraaff stated that Evensen Dodge Inc. has been reviewing the City's parking utility revenue bonds and staff has been interested in refinancing those bonds to eliminate the one and one-half coverage covenant. Burggraaff said that jurisdictions typically refund bonds for three reaons, to realize interest savings, to restructure debt and/or to get rid of restricted covenants. The City would refund 6.75% interest bonds to a higher 9.6% interest bond rate but fewer number of bonds would be sold. Burggraaff said that given today's interest rate there would be no increased cost to the City. Burggraaff said recent Treasury II legislation recommendations would eliminate the possibility of refunding if those recommendations are imple- mented asproposed. Burggraaff recommended the City refinance parking revenue bonds now to get rid of the restrictive covenant and said it would be desirable for Council to consider setting the sale of the upcoming GO bond issue and the refunding of the parking utility bonds on October 16. This would necessitate the scheduling of a hearing for the September 24. Council meeting for proposed refunding issue, and scheduling a spec. mtg. 9/17. In response to Dickson, Vitosh said interest rates would be higher for the upcoming GO bond issue if the City's bond rating changed. Burggraaff explained that Moody's determines bond ratings based on financial condition of the City, outstanding debt, the City's financial management and economic conditions of jurisdiction - all of which are good in Iowa City. Council directed staff to proceed with the recommendation to refinance the parking revenue bonds. Vitosh said details and more information will be provided to Council. Berlin stated Evensen Dodge Inc. is assisting City staff with the financing of the Civic Center remodeling project and the process of obtaining financing for the project may be initiated soon to protect against any legislative changes. aa(C r -,z s- Ys --__...`..____._ Cottonwood Tree Prohibition Reel 85-C63, Side 1 McDonald reviewed past informal Council discussions of the cottonwood tree ordinance and stated that there was a Council majority that wanted to amend the ordinance to allow existing cottonwood trees to stand and prevent future planting of cottonwood trees. Strait noted that the state law would pre-empt the City's cottonwood tree ordinance even if the Council decides to amend that ordinance. Timmins stated that the City has ordinances that amplifies or duplicates the state code to allow the City to enter into enforcement activities. Timmins stated that a citizen complaining about a cottonwood tree can obtain the removal of that tree in a city as stated in the nuisance chapter of the Iowa Code. Dickson, Baker and Strait favored amending the ordinance and McDonald and Zuber indicated opposition to amending the ordinance. Erdahl stated he has a cotton -bearing Aspen tree located on his property and he will abstain from voting to avoid any conflicts of interest. McDonald stated that he will contact Ambrisco. Urban Environment Ad Hoc Committee Recommendations Reel 85-C63, Side 2 Milkman reviewed background information and recommendations from the Urban Environment Ad Hoc Committee as follows: the UEAHC recommendation identified environmental features that make Iowa City unique, outlined five elements and recommended policies. The City adopted these policies in April 1985. The UEAHC identified and inventoried specific environmental areas and addressed the following issues: topography, removal of trees and woodlands, and ravine and drainage problems. Designation of specific sites proved to be too costly and subject to legal problems. The UEAHC recommended regulating land disturbing activities and regulating preservation of woodlands. The land disturbing activities regulations require grading plans and a grading permit to be issued for grading of any extent. Single-family homes would be exempt except if the house is on a steep slope. Erosion control pians would be required for all development; certified erosion control plans would be required for developments on steep slopes. The regulations to preserve woodlands would use the site development process. Franklin said the Commit- tee envisions a negotiation process whereby the City would receive a report from the developer about natural features on the site and attempt to work with the developer to design the development in such a manner to preserve certain environmental features. Erdahl inquired about performance standards. Franklin said there exists performance standards that relate to glare, odor, noise and particulate matter which are only applicable to comnercial and industrial development. Performance standards could be developed that would relate to all types of developments. Franklin asked Council for direction as to the level of regulation the City staff should pursue in developing ordinances. Baker said the Council should understand that if they agree with the concept and staff works on, specific proposals, that there would be increased regulations and costs. Baker recommended that Council set priorities for the Planning and Zoning Commis- sion and that the Planning and Zoning Commission should complete the open space ordinance, then the OPOH revisions and then the UEAHC's recomnenda- i y 5 tions. Council discussed the impact of the recommendations as they relate to the cost of development, property rights, site development, performance standards and development prohibitions. Franklin stated the Planning and Zoning Comnission has been requested to look at the OPOH zone as it applies to smaller tracts of land. City staff feels that performance standards should be attached to planned development to ensure that a development would not have a negative impact on surrounding developments. Franklin noted that the distinction between the OPOH and the environment recommendations is that the OPDH is voluntary and the UEAHC's recommendations call for mandatory regulations. Council directed the Planning and Zoning Commission to complete the open space ordinance and the OPDH revisions and then work on the UEAHC recommenda- tions. Council Time/Agenda Reel 85-C66, Side 1 1. Erdahl stated that the establishment of an official corridor committee should be addressed at the economic development meeting with Ray Muston, First Capitol Development Inc. 2. In response to Erdahl, Berlin will obtain information regarding the tearing down of the University of Iowa Campus Security building. 3. Dickson inquired about the Wales, Friendship, and Seventh Avenue inter- section. Berlin said a time can be scheduled when the Traffic Engineer and Council. can meet at the intersection. 4. Strait and Baker commended the Assistant City � and City depart- ment heads on the legislative issue memorandum. 9�xf Ps 5. Strait inquired about the proposal to elevate the sidewalk located at 510 S. Clinton. Timmins noted that the approved.stBerlinestatedirs thewere shown oengineeringnthe plan did not accurately reflect that the stairs were in public right-of-way and the elevation of the building was changed. Council directed staff to meet with the developer and research alternatives (and costs). 6. Strait reported that the Civic Center renovation committee will interview three or four architects on Wednesday or Thursday. 7. Baker stated that he would like to discuss whether or not the nuclear free issue should be presented to the voters. McDonald suggested the discussion should be held during formal Council meeting. S. McDonald stated that additional informal Council discussions may be scheduled in the coming months. 9. In response to Strait, McDonald stated that the gas and electric fran- chise would probably not be ready for the November ballot. 10. Erdahl inquired about the Council meeting with department heads on October 1, 1985. Berlin explained that Council usually meets with department heads prior to budget meetings. Appointments Reel 85-C66, Side 1 Broadband Telecommunications Commission: Council requested staff see if Susan McGuire is a City (library) employee and check on possible conflict as a member of the county BTC. Board of Electrical Examiners and Appeals: Richard Villhauer. Executive Session Moved by Dickson, seconded by Strait, to adjourn to executive session under Section 20, Collective Bargaining, to discussion 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(e). Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Council adjourned to executive session at 8:45 p.m. OFFICIAL COUNCIL ACTIONS - 9/10/85 The cost of publishing the following proceedings & claims is $ Cumula- tive cost for this calendar year for said publication is E Iowa City Council, reg. mtg., 9/10/85, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: Ambrisco. Mayor McDonald proclaimed September 20-21, 1985, Buddy Poppy Days; September 22, 1985, American Business Women's Day; and September 17-23, 1985, as Constitution Week. The Mayor noted the addition of several beer/liquor items to the Consent Calendar, items 3c.(9) through 3c.(15). Moved by Strait, seconded by Dickson, that the following items and recomnendations in the Consent Calendar be received, or approved, and/or adopted as amended. Approval of Official Actions of the reg. mtg. of 8/27/85, as published subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Riverfront Comm. -8/7/85; Resources Conservation Comm. -8/12/85; Human Rights Comm. -7/22/85; Mayor's Youth Employment Program Bd.-8/21/85; Library Bd. of Trustees -8/22/85; Committee on Community Needs -8/20/85; Civil Service Comm. -8/5/85. Permit Motions and Resolutions: Approving Class C Liquor License for Magoo's, 206 N. Linn St. Approving Class C Liquor License for Deadwood, 6 S. Dubuque St. Approving Class B Wine Permit for Goldie's Fresh Seafood Company, 922 Maiden Lane. Approving Class B Wine Permit for 7 -Eleven Store #18048,820 First Ave. Approving Class C Beer Permit and Sunday Sales for Mazzio's Pizza, 1950 Lower Muscatine Rd. Approving Class C Beer Permit and Sunday Sales for T&M Mini Mart Ltd., 1613 E. College St. Approving Class C Liquor License and Sunday Sales for Brown Bottle, 111 E. Washington St. Approving Class B Wine Permit for People's Drug #5281, 121 E. Washington St. Approving Class E Beer Permit and Sunday Sales for Dan's i i Official actions September 10, 1985 Page 2 Short Stop Corporation, 2221 Rochester Ave. RES. 85-271, Bk. 87, p. 735, ISSUING CIGARETTE PERMITS. Approving Class B Beer Permit and Sunday Sales for Fries, 5 S. Dubuque St. Approving Sunday Sales for The Airliner, 22 S. Clinton St. Refunding a portion of a liquor license for Poggie's Tap, 928 Maiden Lane. Approving Special Class C Beer -Wine License and Sunday Sales for Country Kitchen, 1402 S. Gilbert. Approving Special Class C Beer -Wine License and Sunday Sales for Rocky Rococo, 1540 First Ave. Correspondence: Charles Mullen, rep. Hallmark Homes, Inc. requesting that the Council vacate a portion of Peterson Street right-of-way, referred to the Planning and Zoning Commission. Office for Planning and Programming informing Iowa City that the applica- tion for funds was not approved. Hall Engineering re the sidewalk at the Nagle/Furman Building Project at 510 S. Clinton, if Council agrees the owner will prepare legal documents and the engineer will prepare plans. Memos from the Civil Service Commission submitting lists of certified appli- cants for the following positions: Mass Transit Operator/Transit; Meter Reader/Water Division; Maintenance Worker I/Transit; Assistant Finance Director/Finance; Firefighter -List 1; Firefighter -List 2. Applications for Use of Streets and Public Grounds: Delbert Weidler for permission to solicit donations for Buddy Poppies to benefit disabled veterans on 9/20 and 9/21, approved. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Zuber, seconded by Baker, that the ordinance amending the Large Scale Residential Development regulations setting an expiration date for plans, be given second vote for passage. Affirma- tive roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Baker, seconded by Zuber, that the ordinance amending the Zoning Ordinance regarding the Planned Develop - Official .actions September 10, •.985 Page 3 ment Housing Overlay Zone procedures for approval of development plans, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Dickson, seconded by Zuber, that the ordinance regarding high-rise and low-rise buildings be given second vote for passage. After discussion, original motion withdrawn. Moved by Baker, seconded by Strait, that the rule requir- ing that ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 85-3252, Bk. 26, pp. 340-341, AMENDING THE ZONING ORDINANCE REGARDING THE DEFINITION OF HIGH-RISE AND LOW-RISE BUILDINGS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Baker, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unani- mous, 6/0, Ambrisco absent. The Mayor declared the ordinance adopted. Moved by Baker, seconded by Zuber, that the ordinance to rezone portions of Lots 7 and 8, Block 1, Braverman Center, from RM -12 to CC -2, be given second vote for passage. The Mayor declared the motion carried, 4/2, with the following division of roll call vote: Ayes: Zuber, Baker, McDonald, Strait. Nays: Dickson, Erdahl. Absent: Ambrisco. Erdahl noted clarification of the consultation policy between the City Council and Planning & Zoning that calls for representatives of P&Z and not the entire Commission to meet with Council and apologized to P&Z Chairman Tom Scott for the confusion. Moved by Strait, seconded by Zuber, that ORD. 85-3253, Bk. 26, pp. 342-344, AMENDING THE SIGN REGULATIONS IN THE ZONING ORDI14ANCE REGARDING DEVELOPMENT SIGNS, be passed and adopted. The Mayor declared the ordinance adopted, 5/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber. Nays: Baker. Absent: Ambrisco. i Official Actions September 10, 1985 Page 4 Council noted the recommendation of the Planning & Zoning Commission regarding priority work items and an amendment to the Planned Development Housing Overlay Zone (OPD -H). A public hearing was held on the proposed $4,700,000 General Obligation Bond Issue. Finance Director Vitosh appeared and reviewed the proposed issue. Moved by Strait, seconded by Zuber, to adopt RES. 85-272, Bk. 87, pp. 736-737, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. William Klink, 1101 Harlocke St., appeared and requested he not be required to install a sidewalk across his driveway as part of the FY86 Sidewalk Assessment Project. The City Manager explained that Mr. Klink has installed sidewalks up to his driveway on both sides, but did not wish to install the apron or sidewalk across the driveway. The City Attorney reviewed the assessment procedures. After discussion, Council agreed to the project continuing as planned, thereby requiring the apron to be installed. The Mayor announced two vacancies on the Bd. of Examiners of Plumbers, one to be filled by a journeyman plumber and one by a representative of the public, for two year terms ending 12/31/87. These appointments will be made at the 10/22 meeting of the City Council. Moved by Dickson, seconded by Strait, to appoint Richard Villhauer, 618 Keokuk St., to the Bd. of Electrical Examiners and Appeals as a licensed contractor representative for a four-year term ending 10/26/89 and to appoint Susan McGuire, 145 S. Westminster, to the Broadband Telecom- munications Commission to fill an unex- pired term ending 3/29/86. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Council requested the Rules Committee explore the question of appointment of the same person to similar or parallel bodies at both City and County level. r i 1 . t. Official Actions September 10, 1985 Page 5 Council agreed unanimously to appoint Mayor McDonald to the Convention of Representatives from Town Councils for the purpose of selecting a new member for the County Compensation Board. Councilmember Erdahl reported that a conference call has been scheduled between the City Manager, Mayor, Consultant Don SZuchelli, and himself re urban renewal S parcel 64-1)0 An item to be discussed is lo'gr the scheduling of a tine when Zuchelli can come out and meet with Council. Erdahl pointed out that a majority of Council had not met Zuchelli personally. Council - member Strait, as Council representative to both the Civic Center New Building Committee and the Civic Center Remodeling Committee, reported that interviews would be taking place with four architects on each project and the selection of one for each project would be referred to Council soon. Councilmember Erdahl noted the report on the Iowa -Illinois Gas 8 Electric franchise distributed tonight by the City Attorney and questioned if the matter could be resolved in time to be placed before the voters in November. The City Attorney outlined the steps necessary for a question to appear on the ballot. Baker requested copies of the report be for- warded to the Resources Conservation Commission. The Mayor stated if a special election would be needed the cost would be borne by Iowa -Illinois and not the City. Recommendations of the Committee on Community Needs noted as follows: 1) That the Housing Painting Grant Program, originally funded through the special "Jobs Bill" Community Development Block Grant (CDBG), be continued this fall by using $25,000 from the present CDBG Housing Rehabilitation and Weatherization Program budget. 2) That the City Council reallocate the CDBG funds previously earmarked for Congregate Housing develop- ment and that the funds be included in the allocations for the 1986 CDBG program year. Council agreed it was too premature to make a decision re the second recommen- dation and agreed to explore the programs more fully before reallocating the funds. I I t 7 I I I I l i I Official Actions September 10, 1925 Page 6 Recommendations of the Riverfront Commission noted as follows: 1) If the Iowa Conservation Commission approves the special rules requested by Iowa City at the ICC meeting on August 29, 1985, the Iowa City Council direct the Riverfront Commission to notify Johnson County and the City of Coralville about the passage of the special rules and encourage them to consider extension of similar river regulations in their jurisdictions. 2) On August 29, 1985, the Iowa Conservation Commission adopted the following special rules on behalf of the City of Iowa City: No person shall operate any vessel towing persons on waterskis, surf- boards or similar devices on the Iowa River in the area bounded by the Coralville Milldam and the Burlington Street Dam, except during regattas, races, marine parades, tournaments or exhibitions authorized by the State Conservation Commission to be held in such area. In consideration of the recent boating accidents on the Iowa River in Johnson County and Coralville, the Riverfront Commission (RFC) requests authorization for RFC Johnson County and Coralville representatives to provide information and encouragement to the Johnson County Board of Supervisors and the Coralville City Council to enhance river safety in their jurisdictions through special river rule adoption procedures. Regarding earlier discussion of the Iowa -Illinois Gas & Electric franchise election, Councilmember Dickson questioned if the cost, incurred by Iowa -Illinois, of the special election could be passed back to their customers. The City Attorney replied it could be possible. Moved by Zuber, seconded by Strait, to adopt RES. 85-273, Bk. 87, pp. 738-739, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND N.N.W., INC. ESTABLISHING DESIGN FEES FOR ENGINEERING SERVICES FOR THE BENTON STREET BRIDGE WIDENING AND RECONSTRUCTION PROJECT, for a not to exceed amount of $116,000. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Y I � 1 � r I 0r,'iciat 'C: -")ns September 10, 1985 Page 7 Moved by Dickson, seconded by Baker, to adopt RES. 85-274, Bk. 87, p. 740, RECLASSIFYING A FULL-TIME POSITION IN THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND AMENDING THE AFSCME PAY PLAN, clerk - typist in HIS. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, to adopt RES. 85-275, Bk. 87, P. 741, RECLASSIFYING A FULL-TIME POSITION IN THE POLLUTION CONTROL DIVISION AND AMENDING THE AFSCME PAY PLAN, chemist. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, that the proposed "Nuclear Free Iowa City Ordinance" presented under the initiative procedures of the Iowa City Charter, be given first vote for passage. Jim Spratt, 2119 Davis St., appeared. Individual Councilmembers expressed their views. The Mayor declared the motion carried, 5/1, with the following division of roll call votes: Ayes: Dickson; Erdahl, McDonald, Strait, Baker. Nays: Zuber. Absent: Ambrisco. Moved by Zuber, seconded. by Dickson, to adjourn, 8:50 P.M. The Mayor declared the motion carried unanimously, 6/o, Ambrisco absent. A more complete description of Council activities is on file in the offi a of the City Clerk. s/JOHN MCDONALD, MAYOR" e� s/MARIAN K. KARR, CITY CLERK Submitted for Publication - 9/19/85 1 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 10, 1985 Iowa City Council, reg. mtg., 9/10/85, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: Ambrisco. Staffinembers present: Berlin, Helling, Timmins, Beagle, Vitosh, Gannon, Karr. Council minutes tape recorded on Tape 85-C65, Side 1, 176 -End; and 85-C67, Side 1, all and Side 2, 1-108. Mayor McDonald proclaimed September 20-21, 1985, Buddy Poppy Days; September 22, 1985, American Business Women's Day; and September 17-23, 1985, as Constitution Week. The Mayor noted the addition of several beer/liquor items to the Consent Calendar, items 3c.(9) through 3c.(15). Moved by Strait, 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 Actions of the reg. mtg. of 8/27/85, as pub- lished subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Riverfront Comm. -8/7/85; Re- sources Conservation Comm. -8/12/85; Human Rights Comm. -7/22/85; Mayor's Youth Employment Program Bd.-8/21/85; Library Bd. of Trustees -8/22/85; Committee on Community Needs -8/20/85; Civil Service Comm. -8/5/85. Permit Motions and Resolutions: Approving Class C Liquor License for i Fruland & Halloran, James P. & James P. dba Magoo's, 206 N. Linn St. Approving Class C Liquor License for Deadwood, Inc. dba Deadwood, 6 S. Dubuque St. Approving Class B Wine Permit for Goldie's Fresh Seafood Co. Inc. dba Goldie's Fresh Seafood Company, 922 Maiden Lane. Approving Class B Wine Permit for 7 -Eleven Sales Corporation, District 1351 dba 7 -Eleven Store 118048,820 First Ave. Approving Class C Beer Permit and Sunday Sales for Ken's Restaurant Systems, Inc. dba Mazzio's Pizza, 1950 Lower Muscatine Rd. Approving Class C Beer Permit and Sunday Sales for Thomas or Marilyn Alberhasky dba T&M Mini Mart Ltd., 1613 E. College St. Approving Class C Liquor License and Sunday Sales for I.C.B.B. Ltd. dba Brown Bottle, 111 E. Washington St. Approving Class B Wine Permit for Drug Fair, Inc. dba People's Drug 15281, 121 E. Washington St. Approving Class E Beer Permit and Sunday Sales for Daniel J. Glasgow dba Dan's Short Stop Corporation, 2221 Rochester Ave. RES. 85-271, Bk: 87, p. 735, ISSUING CIGARETTE PERMITS. Approving Class B Beer Permit and Sunday Sales for Dubuque Street Deli, Inc. dba Fries, 5 S. Dubuque St. Approv- ing Sunday Sales for Spayer & Co. Ltd. dba The Airliner, 22 S. Clinton St. Refunding a portion of a liquor license for Russell W. Poggenpohl dba Poggie's Tap, 928 Maiden Lane. Approving Special Class C Beer -Wine License and Sunday Sales for H.S.L. Foods, Ltd. dba Country Kitchen, 1402 S. Gilbert. Approving Special Class C Beer -Wine License and Sunday Sales for Pan Style Pizza Corp. of Iowa dba Rocky Rococo, 1540 First Ave. Correspondence: Charles Mullen, rep. Hallmark Homes, Inc. requesting that the Council vacate a portion of Peterson Street right-of-way, referred to the Planning and Zoning Commission. Office for Planning and Programming informing Iowa City that the application for funds was not i approved. Hall Engineering re the sidewalk at the Nagle/Furman Building Project at 510 S. Clinton, if Council agrees the owner will prepare legal documents and the engineer will prepare plans.. Memos from the Civil Service Commission submitting lists of certified applicants for the following positions: Mass Transit Operator/Transit; Meter Reader/Water Division; Maintenance Worker I/Transit; Assistant Finance Director/Finance; Firefighter -List 1; Firefighter -List 2. Applications for Use of Streets and Public Grounds: Delbert Weidler for permission to solicit donations for Buddy Poppies to benefit disabled veterans on 9/20 and 9/21, approved. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Zuber, seconded by Baker, that the ordinance amending the Large Scale Residential Development regulations setting an expiration date for plans, be given second vote for passage. Affirmative roil call vote unani- mous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Baker, seconded by Zuber, that the ordinance amending the Zoning Ordinance regarding the Planned Development Housing Overlay Zone procedures for approval of development pians, be given second vote for passage. Affirma- tive roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Dickson, seconded by Zuber, that the ordinance regarding i high-rise and low-rise buildings be given second vote for passage.. After discussion, original motion withdrawn. Moved by Baker, seconded by Strait, that the rule requiring that ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which itis to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 85-3252, Bk. 26, pp. 340-341, AMENDING THE ZONING ORDINANCE REGARDING THE DEFINITION OF HIGH-RISE AND LOW-RISE BUILDINGS, be voted on for final passage at this time. Affirmative roil call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Baker, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the ordinance adopted. Moved by Baker, seconded by Zuber, that the ordinance to rezone portions of Lots 7 and 8, Block 1, Braverman Center, from RM -12 to CC -2, be given second vote for passage. The Mayor declared the motion carried, 4/2, with the following division of roll call vote: Ayes: Zuber, Baker, McDonald, Strait. Nays: Dickson, Erdahl. Absent: Ambrisco. Erdahl noted clarifica- tion of the consultation policy between the City Council and Planning & Zoning that calls for representatives of P&Z and not the entire Commission to meet with Council and apologized to P&Z Chairman Tom Scott for the confusion. Moved by Strait, seconded by Zuber, that ORD. 85-3253, Bk. 26, pp. 342-344, AMENDING THE SIGN REGULATIONS IN THE ZONING ORDINANCE REGARDING DEVELOPMENT SIGNS, be passed and adopted. The Mayor declared the ordinance adopted, 5/1, with the following division of roll call vote: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber. Nays: Baker. Absent: Ambrisco. i Council noted the recommendation regarding priority work items and an Housing Overlay Zone (OPD -H). of the Planning & Zoning Commission amendment to the Planned Development A public hearing was held on the proposed $4,700,000 General Obligation Bond Issue. Finance Director Vitosh appeared and reviewed the proposed issue. Moved by Strait, seconded by Zuber, to adopt RES. 85-272, Bk. 87, pp. 736-737, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unani- mous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. William Klink, 1101 Harlocke St., appeared and requested he not be required to install a sidewalk across his driveway as part of the FY86 Sidewalk Assessment Project. The City Manager explained that Mr. Klink has installed sidewalks up to his driveway on both sides, but did not wish to install the apron or sidewalk across the driveway. The City Attorney reviewed the assessment procedures. After discussion, Council agreed to the project continuing as planned, thereby requiring the apron to be installed. The Mayor announced two vacancies on the Bd. of Examiners of Plumbers, one to be filled by a journeyman plumber and one by a representative of the public, for two year terms ending 12/31/87. These appointments will be made at the 10/22 meeting of the City Council. j Moved by Dickson, seconded by Strait, to appoint Richard Villhauer, 618 Keokuk St., to the Bd. of Electrical Examiners and Appeals as a licensed contractor representative for a four-year term ending 10/26/89 and to appoint Susan McGuire, 145 S. Westminster, to the Broadband Telecommunications Commission to fill an unexpired term ending 3/29/86. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Council requested the Rules Committee explore the question of appointment of the same person to similar or parallel bodies at both City and County level. Council agreed unanimously to appoint Mayor McDonald to the Convention of Representatives from Town Councils for the purpose of selecting a new member for the County Compensation Board. Councilmember Erdahl reported that a conference call has been scheduled between the City Manager, Mayor, Consultant Don Zuchelll, and himself re urban renewal parcel 64-1b. An item to be discussed is the scheduling of a time when Zuchelli can come out and meet with Council. Erdahl pointed out that a majority of Council had not met Zuchelli personally. Councilmember Strait, as Council representative to both the Civic Center New Building Committee and the Civic Center Remodeling Committee, reported that interviews would be taking place with four architects on each project and the selection of one for each project would be referred to Council soon. Councilmember Erdahl noted the report on the Iowa -Illinois Gas & Electric franchise distributed tonight by the City Attorney and questioned if the matter could be resolved in time to be placed before the voters in November. The City Attorney outlined the steps necessary for a question to appear on the ballot. Baker requested copies of the report be forwarded to the Resources Conservation Commission. The Mayor stated if a special election would be needed the cost would be borne by Iowa -Illinois and not the City. Recommendations of the Committee on Community Needs noted as follows: 1) That the Housing Painting Grant Program, originally funded through the special "Jobs Bill" Community Development Block Grant (CDBG), be continued this fall by using $25,000 from the present CDBG Housing Rehabilitation and Weatherization Program budget. 2) That the City Council reallocate the CDBG funds previously earmarked for Congregate Housing development and that the funds be included in the allocations for the 1986 COBG program year. Council agreed it was too premature to make a decision re the second recommendation and agreed to explore the programs more fully before reallocating the funds. Recommendations of the Riverfront Commission noted as follows: 1) If the Iowa Conservation Commission approves the special rules requested by Iowa City at the ICC meeting on August 29, 1985, the Iowa City Council direct the Riverfront Commission to notify Johnson County and the City of Coralville about the passage of the special rules and encourage them to consider extension of similar river regulations in their jurisdictions. 2) On August 29, 1985, the Iowa Conservation Commission adopted the following special rules on behalf of the City of Iowa City: No person shall operate any vessel towing persons on waterskis, surf- boards or similar devices on the Iowa River in the area bounded by the Coralville Milldam and the Burlington Street Dam, except during regattas, races, marine parades, tournaments or exhibitions authorized by the State Conservation Commission to be held in such area. In consideration of the recent boating accidents on the Iowa River in Johnson County and Coralville, the Riverfront Commission (RFC) requests authorization for RFC Johnson County and Coralville representatives to provide information and encouragement to the Johnson County Board of Supervisors and the Coral- ville City Council to enhance river safety in their jurisdictions through special river rule adoption procedures. Regarding earlier discussion of the Iowa -Illinois Gas & Electric fran- chise election, Councilmember Dickson questioned if the cost, incurred by Iowa -Illinois, of the special election could be passed back to their custom- ers. The City Attorney replied it could be possible. Moved by Zuber, seconded by Strait, to adopt RES. 85-273, Bk. 87, pp. 738-739, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND N.N.W., INC. ESTABLISHING DESIGN FEES FOR ENGINEERING SERVICES FOR THE BENTON STREET BRIDGE WIDENING AND RECONSTRUCTION PROJECT, for a not to exceed amount .of $116,000. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Baker, to adopt RES. 85-274, Bk. 87, P. 740, RECLASSIFYING A FULL-TIME POSITION IN THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND AMENDING THE AFSCME PAY PLAN, clerk -typist in HIS. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. F Moved by Zuber, seconded by Strait, to adopt RES. 85-275, 8k. 87, p. 741, RECLASSIFYING A FULL-TIME POSITION IN THE POLLUTION CONTROL DIVISION AND AMENDING THE AFSCME PAY PLAN, chemist. The City Manager reviewed the two reclassifications. Council requested a summary be included in the comment on the. agenda in the future. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, that the proposed "Nuclear Free Iowa City Ordinance" presented under the initiative procedures of the Iowa City Charter, be given first vote for passage. Jim Spratt, 2119 Davis St., appeared. Individual Councilmembers expressed their views. The Mayor declared the motion carried, 5/1, with the following division of roll call votes: Ayes: Dickson, Erdahl, McDonald, Strait, Baker. Nays: Zuber. Absent: Ambrisco. Moved by Zuber, seconded by Dickson, to adjourn, 8:50 P.M. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. MARIAN K. KARR, CITY CLERK I 1 I ?I i. t- i i OFFICIAL COUNCIL ACTIONS - 9/17/85 The cost of publishing the following proceedings & claims is 3 Cumulative cost for this ca en ar year tor said publication is $ Iowa City Counci , special meeting, 9/17/85, at 6:30 p.m. in the City Council Chambers of the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: none. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-276, Bk. 87, pp. 742-747, FIXING A DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $4,200,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Affirma- tive roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, that ORD. 85-3254, Bk. 26, pp. 345-346, AMENDING THE LARGE SCALE RESIDENTIAL DEVELOPMENT REGULATIONS SETTING AN EXPIRATION DATE FOR PLANS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Erdahl, seconded by Strait, that ORD. 85-3255, Bk. 26, pp. 347-350, AMENDING THE ZONING ORDINANCE REGARDING THE PLANNED DEVELOPMENT HOUSING OVERLAY ZONE PROCEDURES FOR APPROVAL OF DEVELOP- MENT PLANS (OPD -H), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Zuber, seconded by Strait, that ORD. 85-3256, Bk. 26, pp. 351-360, TO REZONE PORTIONS OF LOTS 7 AND 8, BLOCK 1, BRAVERMAII CENTER, FROM RM -12 TO CC -2 (Pepperwood Shopping Center), be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Strait, Zuber, Ambrisco, Baker, McDonald. Nays: Dickson, Erdahl. Moved by Dickson, seconded by Strait, that the proposed "Nuclear Weapons Free Iowa City Ordinance" presented under the initiative procedures of the Iowa City Charter, be given second vote for passage. t• i i views. The Mayor declared the motion j I carried, 5/2, with the following division I of roll call vote: Ayes: Baker, Dickson, Erdahl, McDonald, Strait. Nays: .Ambrisco, i 1 i i Official Council Actions September 17, 1985 Page 2 Individual Councilmembers expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Baker, Dickson, Erdahl, McDonald, Strait. Nays: .Ambrisco, Zuber. i The Mayor announced the following vacancies: Senior Center Comm. -two + vacancies for three-year terms ending 12/31/88 and Resources Conservation Comm. -one vacancy for an unexpired term ending 1/1/88. These appointments will be i made at the 10/22/85 meeting of the City I Council. Moved by Strait, seconded by Ambrisco, to adjourn to informal session, 6:45 p.m, t The Mayor declared the motion carried I unanimously, 7/0, all Councilmembers + present. A more complete description of Council activities is on file in the office of the City Clerk.` s/JOHN MCDONALD, MAYOR s/MARIAN K. KARR, CITYY CLERK Submitted for publication 10/1/85 i 1 i 1 I i I + i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 17, 1985 Iowa City Council, special meeting, 9/17/85, at 6:30 p.m. in the City Council Chamberf the Ciic Council - members presents oAmb isco,vBaker,�tDicks nay Erdahl, M Door McDonald nald,dStrait, Zuber. Absent: none. Staffinembers present: Berlin, Helling, Timmins, Karr, Vitosh, O'Malley, Franklin. Tape recorded on Tape 85-C67, Side 2, 108-218. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-276, Bk. 87, pp. 742-747, FIXING A DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $4,200,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. f 345-346,MoveAMEND NG StrTHE LARGE SCALEseconded yRESIDENTIAL DEVELOPMENTthat ORD. S REGULATIONS SETTING AN EXPIRATION DATE FOR PLANS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all -Councilmembers present. The Mayor declared the ordinance adopted. Moved by Erdahl, seconded by Strait, that ORO. 85-3255, Bk. 26, pp. 347-350, AMENDING THE ZONING ORDINANCE REGARDING THE PLANNED DEVELOPMENT HOUSING OVERLAY ZONE PROCEDURES FOR APPROVAL OF DEVELOPMENT PLANS (OPD -H), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the ordinance adopted. Mov 351-360. eTO bREZONEe PORTIONSded OF LOTSStrait, that 8. BLOCK01, BRAVERMAN CENTER, FBk. 26ROM ' RM -12 TO CC -2 (Pepperwood Shopping Center), be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Strait, Zuber, Ambrisco, Baker, McDonald. Mays: Dickson, Erdahl. Moved by Dickson, seconded by Strait, that the proposed "Nuclear Weapons Free Iowa City Ordinance" presented under the initiative procedures of the Iowa City Charter, be given second vote for passage. Individual Council - members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Baker, Dickson, Erdahl, McDonald, Strait. Nays: Ambrisco, Zuber. The Mayor announced the following vacancies: Senior Center Comm. -two vacancies for three-year terms ending 12/31/88 and Resources Conservation Comm. -ane vacancy for an unexpired term ending 1/1/88. These appointments will be made at the 10/22/85 meeting of the City Council. Moved by Strait, seconded by Ambrisco, to adjourn to informal session, 6:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all i Councilmembers present, JOHN MCDONALD, MARIA NK. R, I Y RK I it . .i -;r - COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 24, 1985 Iowa City Council, reg. mtg., 9/24/85, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: Ambrisco. Staffinembers present: Berlin, Helling, Timmins, Karr, Milkman, Vitosh, Hencin, Farmer. Council minutes tape recorded on Tape 85-C67, Side 2, 218 -End; 85-C71, Side 1, 1-192. Mayor McDonald proclaimed October 6-12, 1985, Fire Prevention Week; October 7-12, 1985, Local Government Week; October 6-13, 1985, Domestic Violence Awareness Week; September 24, 1985, Keith Kafer Day. The Mayor noted the addition of several beer/liquor, cigarette and dancing permits to the Consent Calendar. Moved by Strait, 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 Actions of the reg. mtg. of 9/10/85 and the special mtg. of 9/17/85, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - 8/15/85; Airport Comm. - 8/8/85; Housing Comm. - 8/13/85, 9/10/85; Resources Conservation Comm. -8/12/85; Sr. Center Comm. - 8/14/85; Design Review Comm. - 9/11/85. Permit Motions and Resolutions: Approving Class C Beer Permit and Sunday Sales for Control Products Company dba Central Pharmacy Center, 701 E. Davenport St. Approving Class C Beer Permit for Mrs. Dale (Clarissa) Watt dba Watt's Food Market, 1603 Muscatine Avenue. Approv- ing Sunday Sales for Copper Dollar of Iowa City, Inc. dba Copper Dollar, 211 Iowa Avenue. Approving Class C Beer Permit and Sunday Sales for Robert D. Finley dba Bob's Beer Mart, 1910 S. Gilbert Street. RES. 85-277, Bk. 87, p. 748, ISSUING CIGARETTE PERMIT. Approving Class C Liquor License for H.W.A. Corp. dba Friday's, 121 E. College Street. RES. 85-278, Bk. 87, p. 749, ISSUING DANCING PERMIT. Approving Class E Beer Permit and Sunday Sales for Quik Trip Corporation dba Quik Trip 0503, 123 W. Benton. Motions: Approving disbursements in the amount of $3,020,892.30 for the period of 8/1 thru 8/31/85, as recommended by the Finance Director, subject to audit. Resolutions: RES. 85-279, Bk. 87, P. 750, ADOPTING SUPPLEMENT NUMBER 25 TO THE CODE OF ORDINANCES of the City of Iowa City, Iowa. RES. 85-280, Bk. 87, pp. 751-757, AUTHORIZING EXECUTION OF AGREEMENT WITH CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY. Setting public hearings: To set a public hearing on 10/8/85 on an ordinance establishing research -service facilities, warehouse and distribution centers as eligible for partial exemption from property taxes. I C. P' Correspondence: Tamara and Davis Shawver declaring their property to be Nuclear Free Zones. Brian D. Taylor commending the Council for its vote on the Nuclear Free Zone Ordinance. Michael Reck, President of the Liberal Arts Student Association, supporting the Nuclear Free Zone Ordinance. Nicky Stanke regarding traffic congestion at North Dodge -Prairie du Chien -North Summit, referred to the Traffic Engineer. National Computer Systems requesting financial assistance for an expansion of its facilities from the Community Economic Betterment funds. The City Manager is in the process of filing the necessary documents with the Iowa Development Commission. Edward Brinton submit- ting his resignation from the Urban Environment Ad Hoc Committee. Norbert Schulte of Old Capitol Cab Co. requesting a taxicab stand, referred to the Traffic Engineer. Civil Service Commission submitting certified lists of applicants for the following positions: Clerk Typist/Treasury; Cashier/Treasury; Treatment Plan Operator/Pollution Control; Assistant Water Superintendent/Water Division. Applications for Use of Streets and Public Grounds: Margaret Beals for the use of public grounds for the Hospice Marathon to be held on 10/13/85, approved. Chamber of Commerce for a Sidewalk Event on 9/27-28/85 in downtown Iowa City, approved. Mike Murphy for the Second Annual Easter Seal Run to be held on 9/28/85, approved. David Hughes for the use of Blackhawk Minipark for voter registration from 9/10-19/85, approved. Mike Henry for the use of Blackhawk Minipark to display materials and sell crafts to benefit the Latin American Human Rights Advocacy Center on 9/10, 11, 12, 14, 24, 25, 26 and 29/85, approved. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Zuber, seconded by Baker, to set a public hearing on 10/8/85, on an ordinance to establish Planned Development Housing(ODPH-8) on 7.44 acres for Melrose Lake Apartments located on Woodside Dri ve extended. The Mayor declared the motion carried, 6/0, Ambrisco absent. Moved by Zuber, seconded by Baker, to set a public hearing on 10/8/85, on an ordinance to vacate and a resolution to dispose of a portion of Peterson Street right-of-way to Hallmark Homes, Inc. The Mayor declared the motion carried, 6/0, Ambrisco absent. Moved by Strait, seconded by Zuber, to adopt RES. 85-281, Bk. 87, p. 758, APPROVING THE PRELIMINARY PLAT FOR LOTS 5-11 AND THE FINAL PLAT FOR LOTS 5-8 OF BLOCK 1, BRAVERMAN CENTER, a subdivision of Iowa City, Iowa. The Mayor declared the motion carried, 4/2, with the following division of roll call vote: Ayes: Baker, McDonald, Strait, Zuber. Nays: Dickson, Erdahl. Absent: Ambrisco. Moved by Strait, seconded by Zuber, to adopt RES. 85-282, Bk. 87, pp. 759-760, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR LOTS 4, 5B AND 7 OF BLOCK 1, BRAVERMAN CENTER, Iowa City, Iowa. The Mayor declared the motion carried, 4/2, with the following division of roll call vote: Ayes: McDonald, Strait, Zuber, Baker. Nays: Dickson, Erdahl. Absent: Ambrisco. i , 0 Moved by Baker, seconded by Zuber, to adopt RES. 85-283, Bk. 87, pp. 761-764, APPROVING AN AMENDED PRELIMINARY AND FINAL LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT PLAN FOR NATIONAL COMPUTER SYSTEMS, INC., located at 2510 North Dodge Street. Staffinember Milkman stated agreement had been reached re future negotiation on the local of a road and a note placed on the LSNRD plan that 38 trees would be planted on the property, placement to be determined at a later time. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Erdahl, to adopt. RES. 85-284, BK. 87, pp. 765-766, APPROVING THE PRELIMINARY AND FINAL PLATS OF HOLLOWAY SUBDIVISION, a county subdivision. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. A public hearing was held on the issuance of $4,200,000 Parking System Refunding Revenue Bonds. Jim Spratt, 2119 Davis, appeared. Finance Director Vitosh present for discussion. Moved by Strait, seconded by Zuber, to adopt RES. 85-285, Bk. 87, pp. 767-768, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $4,200,000 PARKING SYSTEM REFUNDING REVENUE BONDS. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Resources Conservation Comm. - three vacancies for three-year terms ending 1/1/89; Bd. of Adjustment one vacancy for a five-year term ending 1/1/91; Bd. of Appeals one vacancy for a five-year term ending 12/31/90; Bd. of Examiner of Plumbers -one vacancy for a journeyman plumber for a two-year term ending 12/31/87; Human Rights Comm. - three vacancies for three-year terms ending 1/1/89; P&R Comm. - two vacancies for four-year terms ending 1/1/90. These appointments will be made at the 11/19/85 meeting of the City Council. Moved by Dickson, seconded by Strait, to appoint Thomas Newton, 1212 Ginter, to the Housing Comm. for an unexpired term ending 5/1/87; to appoint Sally Dierks, 905 Weeber Street, to the P&Z Comm. for an unexpired term ending 5/1/86; and to appoint Mike Messier, 1310 Dover, to the Bd. of Adjustment for an unexpired term ending 1/1/87. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Councilmember Strait mentioned Council discussion the previous evening re a signal at West Benton and Mormon Trek and Council will take action after the Traffic Engr. had finished the necessary investigation. Baker questioned the permit status of the flower vendor on North Dubuque and Taft Speedway. The City Manager and City Clerk outlined the procedure for peddler permits of vendors going door-to-door and stated no permit is required for vending on private property with permission of the property owner. Staff will investi- gate if this is private property. Baker referenced the memo from the City Manager re the alley paving behind the Press -Citizen Building and questioned Council action. The City Manager stated the matter will be scheduled during Council discussion of other Capital Improvement Projects (CIP). Baker noted a number of refunds for water payments on the disbursement list. The City Manager explained the refunds were water deposits that have been returned. 11 . _- _- _ _ _ I_ _ .. _._. -- The City Manager reported that Don Zuchelli, urban renewal consultant, could meet with Council re the site next to the Holiday Inn on either November 8 or 15. Council should check their schedule and let the City Manager's office know which date they prefer. The recommendations of the Design Review Comm. noted as follows: (1) The Committee recommends that: A. The City Council approve the amended design plans for Parcel 65-2b with the Old Armory arch (if it can be ob- tained) approximately even with the wall face and in front of an alcove recessed into the wall as the preferred option; and B. That a lease be granted to the developers as necessary to allow the brick facade to be constructed on the west wall. (2) The Committee recommends that: A. The proposed design plan for the facade and canopy at 121 East College not be approved due to violations of a. through f., Building Design section and the Sign section of Chapter (9)d of the Municipal Code; B. No action be taken by the applicant, Mr. Ambrose, until the Council has reviewed the project; and C. Mr. Ambrose seek professional design direction before proceeding further with this development. The recommendations of the Housing Conn. noted as follows: (1) To extend the "403 Area" boundary to include the 900 block of North Gilbert Street as owner -occupied housing rehabilitation. This boundary extension will be considered by the City Council along with other recommendations for the 1986 CDBG program. No action is required at this time. (2) To support funding for housing rehabilitation and weatherization at the level of $180,000; support continuation of the shared housing program at $18,700. . These recommendations relate to the use of 1986 CDBG funds. The City Council will consider these, along with other recommendations for the 1986 CDBG program, in November. (3) To investigate the feasibility of the function of an elderly/home services coordinator/case manager. This is the concept now being considered by the Congregate Housing Task Force. A more definitive proposal for 1986 CDBG funding will be presented to the Committee on Commu- nity Needs on October 1 and then forwarded to the City Council. (4) To amend Policies Governing Participation in Housing Assistance Programs Administered by the Iowa City Housing Authority, page 21, 15(2)C Utility Allowances, by adding the following: "In those cases where a family qualifies for wa- ter/sewer/trash allowance in computing tenant rental payment, that family will not be eligible for the "Reduced Fee for Low -Income Residents" as provided for in current City policy. A resolution on this proposed amendment will be on the agenda for the October 8, 1985, meeting. (5) That if the City -owned property at Rundell/Grant Court comes before Council to be sold, this property should be sold with receipts earmarked for housing use. An informal inquiry regarding this property has been made, but no formal offer to buy has been received. The City Manager stated if the parcel is sold it would go through Council just as any other City property and could be sold with covenants. Moved by Strait, seconded by Zuber, to adopt RES. 85-286, Bk. 87, pp. 769-771, AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCEL -.C.- LOCATED C"LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA; SETTING A PUBLIC HEARING FOR NOVEMBER 19, 1985, ON THE PROPOSED SALE AND CONVEYANCE OF SAID LAND; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. 3 Moved by Strait, seconded by Baker, to adopt RES. 85-287, Bk. 87, pp. 772-777, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Councilmember Strait congratulated MECCA and the Council on funding efforts involved. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, to adopt. RES. 85-288, Bk. 87, p. 778, APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE SPRUCE STREET DRAINAGE PROJECT TO JOE JONES CONSTRUCTION, LTD., FOR $44,306.00. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, to adopt. RES. 85-289, Bk. 87, p. 779, APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE CREEKSIDE NEIGHBORHOOD SIDEWALK PROJECT TO B&L ZIMMERMAN CONSTRUCTION, LTD., for $17,991.90. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. j Moved by Strait, seconded by Dickson, to adopt RES. 85-290, Bk. 87, pp. 780-784, APPROVING THE ACQUISITION AND PURCHASE OF THE EASEMENTS FROM THE HAWKEYE LAND COMPANY OF CEDAR RAPIDS, IOWA, AND APPROVING THE FORM OF EASEMENT. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The i Mayor declared the resolution adopted. j Moved by Zuber, seconded by Strait, to adopt RES. 85-291, Bk. 87, pp. 785-791, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR INDEMNIFICATION AND MAINTENANCE RELATING TO STEPS IN RIGHT-OF-WAY IN FRONT OF 510 SOUTH CLINTON STREET. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Strait, Zuber, Dickson, Erdahl, McDonald. Nays: Baker. Absent: Ambrisco. Moved by Strait, seconded by Dickson, to adopt ORD. 85-3257, Bk. 26, pp. 361-363, PROPOSED "NUCLEAR WEAPONS FREE IOWA CITY ORDINANCE" PRESENTED UNDER + THE INITIATIVE PROCEDURES OF THE IOWA CITY CHARTER, be passed and adopted. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Strait, Baker, Dickson, Erdahl, McDonald. Nays: Zuber. Absent: Ambrisco. i Moved by Erdahl, seconded by Strait, to adjourn, 8:20 p.m. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. f j nhn Mrnn ald_ Ma vnr City Clerk I Informal Council Discussion September 23, 1985 Informal Council Discussion: September 23, 1985 at 6:30 p.m, in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Erdahi, Baker, Dickson, Ambrisco, Strait, Zuber. Staff Present: Berlin, Helling, Timmins, Karr, Milkman, Beagle, Kimble, 0 MaT—lley�Wosh, Schoenfelder. Tape Recorded: Reel 85-C68, Side 2, 2 -All; 85-C70, Side 1, 1-524. i Consent Calendar Reel 85-C68, Side 2 Additions to the agenda include a beer permit and Sunday Sales for Robert Finley of Bob's Beer Mart and a Class C liquor license and dance permit for Friday's, 121 E. College St. Planning and Zoning Reel 85-C68, Side 2 a. Settin a ublic hearin for October B 1985 on an ordinance to estab- s - on acres o e rose a e Agar men s. M man ex- t p a n ounc w receive a staff reporta ore o public hearing. Baker requested information about the difference between the original proposal and what is now being proposed. In response to Strait, McDonald said the first consideration will be scheduled October 22. b. Setting a public hearing October 1985 on an ordinance to vacate and recommen a vasa ing the entire right-of-way width. Timmins stated E anything dedicated for public use can only be taken out of that con- text by an ordinance by vacating the same and this is assumed to be a 1 vacation followed by a sale. Beagle stated Hallmark Homes has made a purchase offer and the two other land owners have expressed interest to acquire the remaining right-of-way. In response to Strait, Timmins said the bidding of the property is not required. Strait requested additional information regarding price of the property. c. Resolution approving the preliminary plat for lots 5-11 and the final tat for lots 5-8 of Block 1 Braverman Center. Milkman stated the Planning and Zoning Commission and staff required the subdivision include a provision that future access be limited to a single access to the lot. d. Resolution a rovin the reliminar and final lar a scale non-resi- en a eve omen an or o s an o oc raverman en er. Milkman stated the Planning and Zoning Commission recommended lncnclaming stop signs at exits at Broadway and Keokuk and that Council take necessary measures to provide for the safety of pedestrians in front of K -Mart. In response to Dickson, Milkman said staff has not been in contact with K -Mart. McDonald inquired about speed bumps. Milkman said staff has not recommended speed bumps. 5-33 -2 - Milkman stated the local IDOT is in agreement with the vacation of Hollywood Blvd. and staff recommends that there is an agreement with Southgate and Hawkeye Investment to maintain sod and sidewalk. The Planning and Zoning Commission recommended elimination of mail drop on Keokuk near Iowa State Bank and moving the bus stop south to the corner of Southgate and Keokuk. Council members discussed the bus route through the K -Mart area, stop signs and speed bumps. McDonald asked Ralph Stoffer to contact K -Mart about routing the bus in front of K -Mart. Dickson asked Timmins about speed bumps. Timmins stated it is difficult to remove snow and ice from speed bumps. Milkman stated D. Stone provided staff and the Planning and Zoning Commission with three traffic pattern designs and that staff and the Planning and Zoning Commission felt the patterns were not as workable as what is currently being proposed. Baker requested staff to contact K -Mart regarding stop signs on K -Mart property and bus routes. e. Resolution a rovin an amended reliminar and final lar,,,.e scale non -res ent adevelopment an for National Computer Systems. M - man stated NGS is unsure OT future expansion pin—sso-the City and NCS has an agreement to negotiate a location of the access road at some future time. Berlin asked legal department to ensure that language in the agreement represents the intent of both parties. Milkman said staff recommends waiving the request to provide. right-of-way trees because of problems with a 20 foot wide utility easement. Erdahl suggested the City obtain an agreement from NCS to put in trees.' Shive-Hattery representative stated NCS intends to increase screening in the area within 2-3 years. Berlin stated the City could request NCS to send a letter explaining their screening plans. Shive-Hattery representative stated NCS would agree to do the screening now. f. Rdsolution a rovin the reliminar and final tats of Hollows Subdiv s on. Mi man stated the Panning and Lon ng commission recom- mended o approve the preliminary and final plats of Holloway Subdivi- sion upon condition that certain deficiencies be satisfied. Parkins Revenue Bonds Reel 85-C68, Side 2 Karr noted corrections to the September 9 informal Council meeting min- utes, changing 10% to 1%. Vitosh introduced Wayne Burrggraff. Burrggraff explained the coverage requirement for the parking revenue bonds could be reduced from 1.50 to 1.25 by refunding the old issue: issuing new bonds, and rewriting the bond covenant resolution. The City would issue $3,855,000 in new revenue bonds to defee the issue that now exists. Burrggraff said it is possible to pay off the $4.7 million bonds by issuing $3.8 million dollar's worth of bonds because of IRS arbitrage requirements and investing the proceeds of the new bond issue. In re- sponse to Strait, Burrggraff said there would be $3,855,000 debt outstand- 1-33 -3- ing although it is necessary for the City to reserve the right to make a change in the overall issue amount to allow for adjustments in the bond issue size if interest rate changes. Strait asked if the AAA bond rating bwould rn. onds have a separatefrating and presentlyathe Citylhasa ninAbrevenueut rating for the public utility revenue bonds. Vitosh said the difference in revenue requirements for the parking system with a 1.25 debt coverage vs. 1.5 debt coverage could reduce revenue requirements by $109,000 per year. Vitosh said the bids for the bonds will be opened October 16 at 11:15 and the City Council should schedule their meeting at 4:45 P.M. to allow staff and Burrggraff to analyze the refunding bonds. Council agreed to schedule the special formal Council meeting October 16, 4:45 P.M. Ambisco t ramp olms ct the of therbonds. Vitosh hsaid bcurrently erevenues rareesufficient ee to provide for the 1.5 debt coverage. City Financial Position Reel 85-C68, Side 1 Berlin stated Council received his September 20 memo regarding financial position of the City and will receive a fees/charges/additional revenue source report on October 21 and a transit report on October 29. Berlin A about the current financial trends within stated that staff is concerne the City because the economy of the State is not strong; the $500,000 revenue sharing money will not be renewed; there will no longer be the benefits from considerable construction within the community; and the impact of borrowing costs from federal tax legislation. Berlin stated that the September. 20 memo outlines how staff is looking at revenue for the next fiscal year, the transit problem, and revenue sources that are available to maintain services. In response to McDonald, Berlin said the transit report will be available sNveand will include entaon etoperational cst,lelofservicesanwhatkind ofchngeshatt might be made. Berlin said the Council will need to address transit needs in the current fiscal year. Vitosh noted that Council will need to consider the future use of the General Fund balance. nce costs. Vitosh stated the City previously Erdahl inquired about insura had trouble finding insurance coverage and that three years ago the City bid out insurance coverage which resulted in dramatic decrease in insur- ance premiums and minimized the number of insurance policies the City had. Vitosh explained now insurance premiums have increased. Vitosh stated that the City has funded insurance premiums ufund additiliability levy monies in the past and the City is trying to rance premiums this year. Vitosh said there are concerns about what increasing tort liability levy, does to the total tax levy. In response to Erdahl, will look at self-insurance this year and then Vitosh stated that the City e. Ambrisco noted that the insurance industry purchase overlying insuranc is contemplating changing from an occurrence basis liability insurance to z-33 zs a claims made insurance, limiting the defense costs to within the policy limits, and eliminating coverage for pollution liability. Strait sug- gested staff look at insurance programs utilized by cities of comparable size. Berlin noted that the National League of Cities and the IoMa League of Municipalities are looking at insurance needs. Ambrisco said the legislative committee should talk to congressional delegation in Washington to support Senate File 1570 regarding pay for overtime as it relates to the fair labor standards act. Berlin noted that the Human Relations Department and Helling have worked on this. Baker inquired about the $500,000 of revenue sharing that has been re- served for Civic Center remodeling costs. Vitosh stated those funds were discussed in last year's budget meeting. Erdahl asked if the City would issue bonds for the remodeling of the buildings if federal revenue sharing monies were not used. Vitosh stated yes. Berlin noted that it is the City's policy to not use revenue sharing monies for operating expenses if it can be avoided and staff is currently looking if issuing participation certificates can be used for the remodeling in addition to the expansion. Gas and electric franchise. Reel 85-C69, Side 1 McDonald noted that Council received information from City Attorney Timmins regarding issues that need to be addressed. Timmins stated the policy content of the previously drafted franchise has been retained. Timmins addressed the concept of right-of-way management and stated that the City through the Public Works Department would control all utilities using the public right-of-way. Timmins stated that there are sections that cover only the electric utilities that require them to go through the planning criteria before expansions are approved. Timmins also stated that the consumer protection and energy conservation provi- sions impact on rates in terms of fairness of the rate structure across the system and would concern the utility companies and Iowa Conservation Commission. In response to McDonald, Timmins said there are no provisions in the existing ordinance regarding management of public right-of-way, and the standards that require review by the Public Works Director could create problems because the Public Works Director may not possess the expertise to make electric engineering kinds of judgments. Baker asked if transmission lines are special exceptions in the current zoning ordinance. Timmins replied that he believes transmission lines are a special excep- tion in the current zoning ordinance. In response to a question from Baker, Timmins stated that the standards requiring a public works direc- tor's review would get the City involved in technical areas that the City is not prepared to deal with and may involve the City in liability and the public works director should only determine if the transmission line location is appropriate in terms of the placement. Timmins noted that the real issue is if the City wants to get into extensive regulations of an electric utility vs. general regulations of all utilities. Timmins discussed provisions that apply to all utility companies and the planning criteria that is applicable to the electric utility. In response to McDonald, Timmins explained that there are extra regulations on utility companies because their transmission distribution facilities impact greater than other utilities, and electric utility lines are often a =-33 -5 - precursor of other types of utility development. Erdahl noted that the City would benefit from a utility specialist when dealing with transmis- sion lines. Baker stated that Council may need to look at how transmis- sion lines are being regulated under the special exception provisions. Strait asked if a public hearing would need to be held on the proposed franchise agreement. McDonald stated that once consensus is reached by the majority of the Council, and ordinance would be drafted, brought back to Council, and whatever the Council approved would be presented to the voters. Timmins stated that the code section on approval of franchise states that j the party offering the franchise ordinance is the one that pays for the election. In response to Baker, Timmins recommended deleting page 18, criteria 11 and page 19, criteria /2. Baker referred to the last sentence in the first paragraph on page 22 and asked what would happen if Council disap- proved of a project. Timmins stated one option would be IIG8E could go to court. Berlin summarized that Council agreed that the Director of Public Works has the right to review plans and proposals and transmission lines facili- ties need to go through the planning process. Underground Service District Council reviewed the underground service district provisions 'as outlined in Section 11, Exhibit E and discussed payment responsibilities for the underground service district installations. Consumer Protection Timmins stated that as proposed, the City through the utility regulatory commission and utility specialist would act as an advocate locally for consumer complaints. City Attorney Timmins and City Council reviewed the duties of the public utility review commission as proposed and the actual establishment and duties of that public review commission. Council discussed the City's involvement with rate increase requests. Strait asked if there are any state laws or regulations that when a utility proposes a rate increase they must notify a municipality. Berlin stated that the utility company is required to notify the rate payers. Council discussed the need for a utilities specialist and the franchise fee as it related to monitoring the rate increases. McDonald and Zuber stated their opposition to the franchise fee. In response to Strait, McDonald stated the proposed ordinance would go to the voters. Zuber stated his opposition to earmarking the franchise fee monies to a specific expenditure. Erdahl said the franchise fee should be tied to a utility specialist although the fee need not be specifically earmarked. Strait noted that the City Attorney has indicated the money would go to the General Fund and the City could spend it as needed. Coun- cil discussed the franchise fee, utility specialist and commission. Council agreed to a fifteen year franchise term and discussed the ten year "buy out" option. -6 - Dickson recommended a 1/2Z franchise fee. Baker stated he favors a 1% franchise fee. Ambrisco stated his opposition to the franchise fee be- cause it would create additional costs to utility users. Berlin said he opposes the franchise fee proposal because the public has the right to know what the needs of the connunity are and how the City plans to utilize the money. Erdahl stated that the utilities specialist was a key issue in the original franchise proposal and that a 1/2% franchise fee would ade- quately fund a utilities specialist. McDonald noted that a majority of the Council informally agreed to impose the 1/2% franchise fee. Council Time/Agenda Reel 85-C70, Side 1 1. Ambrisco noted that a letter was received from Maureen Swingle regard- ing the intersection of Benton and Mormon Trek. Berlin stated the Traffic Engr. will report on the matter. 2. Dickson inquired about the traffic report from the Traffic Engr. regarding First Avenue and Rochester. Berlin stated staff will pro- vide Council with a detailed report. Erdahl requested staff calculate the number of pedestrians and school children at the crosswalk and that a yellow flashing light may be needed. 3. Erdahl inquired about the sidewalk at 510 Clinton Street. Berlin stated that the level of sidewalk has been raised to accommodate the stairs. Appointments Board of Adjustment: Mike Messier Housing Commission: Thomas Newton Planning and Zoning Commission: Sally Dierks Strait stated that it would be helpful to know the composition of the Boards and Commissions regarding the number of men and women. s 33 i