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HomeMy WebLinkAbout1984-03-13 Council minutesIOWA CITY COUNCIL JOINT MEETING WITH BOARDS AND COMMISSIONS FEBRUARY 9, 1984 JOINT MEETING WITH CHAIRPERSONS OF BOARDS AND COMMISSION: 3:30 PM at the Highlander;,February 9, 1984. Mayor John McDonald presiding. Councilmembers Present: Ambrisco, Dickson, Erdahl, McDonald, Strait, u er, Baker Staff Present: Helling, Karr: Tape Recorded: Reel 84-C1Z, 84-C16, 84-C17, Side 1, 1-258. McDonald explained that this meeting is an opportunity to meet the Chairpersons of the Boards and Commissions and to review their past and future activities: Airport Commission. Emmit George. 84-C12, Side 2 Emmit George reviewed the accomplishments of clearing Willow Creek, installing additional instrument approaches; adopting a tall structure overlay zone, and buying a snowblower. The FAA issued a noncompliance status notice concerning their 1964 agreement with Iowa City due to encroachments in the clear zones. A current plan is to pursue developing runway 2/4 as per master plan. Airport Zoning Commission. Dick Blum 83-C12, Side 2 The Airport Zoning Commission was recently established. Commissioners are appointed from the Planning and Zoning Commission, the Airport Commission; Johnson County Zoning Commission, Board of Supervisors, and one member at large- The Commission will study and make recommendations; directed towards adopting an ordinance to prevent encroachments into the Airport's clear zone. Dick Blum explained the overlays will be irregular and governed by the layouts of the runways and FAA requirements. Board of Adjustment. There was no report Board of Appeals: Marcie Roggow 84-C12; Side 2 The responsibility of the Board of Appeals is to review the uniform building code and standards; the uniform fire code; the uniform mechanical code; and the uniform code for maintenance of dangerous buildings; update and recommend code amendments, assist building officials for making interpretations; develop permit fee schedules, hear appeals and approve alternate methods or materials for construction. The Commission consists of five Iowa City residents and one building official. Marcie Roggow noted that the Board needs a secretary: The Board of Appeals met 11 times in 1983; reviewing ten appeals: Roggow said that the new criteria has been established requiring an appellant to submit a blueprint with the appeal: A member of legal staff will be available at all meetings. Iowa City Council uvint Meeting With Boards and Commission February 9, 1984 Page 2 Board of Electrical Examiners and Appeals. Jim Kessler 84-C12; Side 2 The Board is comprised of a master electrician, a journey electrician; an electrical engineer, and a community member.: The City Electrical Inspec- tor acts as the Board's secretary. The Board prepares and gives written exams'for journeyman and master licenses and hears appeals. The Board adopted the 1984 Electrical Code and will update the municipal code. The licensing requirements for a master electrician was revised and test guidelines. were established. Board of Examiners of Plumbers No report. Board of Library Trustees. Carolyn Cavitt. 84-C12, Side 2 The Board notes that the attractiveness of the Iowa City library; the large University population, a lack of .understanding of the library's mission by University students; and the existence of fees at the Univer- sity for services that are free at the City library, have all contributed to overuse of the City library by University students. A University public relations class has recommended that the two libraries jointly work to inform the students and the faculty of the resources and purposes of the libraries. Use of the facilities for assignments will be limited. The City Library wants to serve University students' informational needs but not their curricular demands. Board of Review. William Doherty: 84-C16, Side 1 Doherty explained that the State mandated purposes of the Board of Review are to equalize assessments, add property to the tax rolls, and rule on possible tax exemptions. He noted that the Board has met more often in the last year because of increases in evaluation and the re-evaluation process. Doherty explained details of the evaluation process: He added that the Board found in favor of 80 of the residential petitions for tax relief and 44 against, while it found in favor of 61 of the commercial petitions and against 72 The appeals reduced the $90 million worth of appeals by about 10%. 17 property owners appealed Board decisions to the courts. Doherty itemized the top ten members of the tax rolls by the dollars paid: Board of Trustees for Police and Fire Retirement. Bill Barnes 84-C16, Side 1 Barnes explained the composition of the two boards. The board's adminiser $7 million in retirement funds. The board also reviews requests for sick leave, retirement requests, recalculate pension benefits of retirees or surviving spouse; and manage the retirement fund: Barnes noted that retirements from coronary heart disease are assumed by the courts to be job inflicted: To help reduce such retirements, the Board has worked to increase the coronary health of the Police and Fire employees. Iowa City Council joint Meeting With Boards and Commission February 9, 1984 Page 3 Broadband Telecommunications Commission. BUT—Te—Fry 84-C16; Side 1 Terry noted that the Board handled a rate increase request for the first time last year. Increased revenue sources are being sought for the future. Civil Service Commission. Arletta Orelup 84-C16, Side 1 The Commission used its $8,000 budget for testing for officer level positions in the police and fire departments. Many assessment centers helped in this testing. No appeals were made to the Commission last year. Committee on Community Needs. Mickey Lauria. 84-C16, Side The Committee worked to increase citizen input into the committee over the last year by using flyers, advertising, and neighborhood surveys.. The Committee appointed members to monitor projects to assure implementation of programs. The Committee also reviews other City activities that have an impact on community needs, and has begun to participate in the City wide human services planning. Lauria noted that CCN recommends against a combined human services building. Design Review•Comnittee. Kay Amert. 84-C16, Side 1 Amert said that in the last year the committee reviewed industrial bond applications, assisted the hotel steering committee, reviewed the con— struction plans for the reconstruction for Linn and Dubuque Streets, reviewed exterior design plans for downtown buildings; and advised an location of downtown newspaper vending machines. The committee hopes to continue assisting the Council even though the completion of urban renewal ends the committee's original purpose. Historic Preservation -Committee. Margaret Nowysz 84-C16, Side 2 The Committee's general duty is to identify and designate historic structures in Iowa City and to make recommendations to the Council regarding historic structures. Public education continues to be a primary goal of the committee. The committee works with contractors and other city committees to help awareness of historic preservation priorities. Fund raising is a continuing project. Housing•Comnission. Fred Krause 84-C16, Side 2 Krause explained the purposes of the Commission is to promote clean, safe and decent housing for Iowa City. The four priorities in 1983 were congregate housing, housing weatherization and rehabilitation, shared housing, and site acquisition for low income housing. Work in all these areas progressed last year. The Commission also acted as a housing appeals board, hearing 298 appeals, granting 181 variances, upheld the inspector on 108 occasions, dismissed five appeals, and deferred four. The Commission met with the Human Rights Commission in 1982 and requested specific instances re housing discrimination. None were received. Iowa City Council it Meeting With Boards and Commission February 9, 1984 Page 4 Human Rights Commission. Susan Futrell 84-C16, Side 2 This nine member commission hears cases of discrimination in Iowa City and enforces the City's Human Rights Ordinance, educates the community about human rights, and advises the City Council about discrimination laws. Last year the commission received eight employment discrimination complaints, two housing complaints, and one public accommodations complaint. The commission found no discrimination in eight of the eleven cases and resolved the other cases through negotiated agreements. The commission also has initiated an, informal complaint process to try to speed the solution of complaints. Eighteen informal complaints were heard last year. No complaints went to the public hearing stage last year but one will proceed to the hearing stage next month. The commission also has initiated various public education programs including brochures on employment application forms, and has reviewed the human rights ordinance and recommended specific changes which are on the Council agenda. Fred Kruase noted the Housing Commission had gone on record against the changes. Parks and Recreation Commission. Fred Riddle 84-C16, Side 2 Riddle stressed that the Parks and Recreation Commission seeks to balance programs to benefit all segments of the Iowa City population. He noted that besides traditional programs, the commission is also in charge of snow removal and the City Forester position. Last year brochures were distributed through the Press -Citizen describing Park and Recreation offerings. Riddle listed all of the many recreational activities at the Robert Lee Community Center on Gilbert Street, activities available in public schools in other sites around the city, and tours outside the community. Planning and Zoning Commission. No report. Resources -Conservation Commission. Bob Singerman 84-C16, Side 2 Singerman said that the commission emphasizes energy conservation. Last year the commission proposed a community energy study and examined the new franchise agreement with Iowa -Illinois Gas & Electric. Singerman said that a lack of a quorum at the meetings has been a problem because of low attendance and conflict of interest concerns. The commission feel's that it is time to implement new programs such as a locally administered conservation program funded through a franchise rental fee. The resources conservation could merge with or turn into a utility franchise commission which would oversee the franchise and the conservation program. Riverfront Commission: Diane Lewis: 84-C17, Side 1 Lewis said that the Rocky Shore bikeway and the conservation easement are the major accomplishments of the Riverfront Commission. The conservation easement will help prevent changes to the riverbank. The Mayor's Youth Iowa City Council Joint Meeting With Boards and Commission February 9; 1984 Page 5 Employment crew has worked to clean up portions of the riverbank below the Burlington Street dam. Concrete dumping along the riverbank has been examined in the last year: Senior Center Commission. Bill Coen 84-C11, Side 1 Coen said that the Senior Center hosted over 60,000 visits with the help of staff volunteers. He listed the many services available to the elderly in the center. He noted that the second floor is seeing increased use of the Senior Center services expand. The Commission hopes to add to Senior Center studentspoftenmhelp and withincrease Center programs number Anoevaluationeof the UniversiCenter ty currently taking place following the guidelines of the National Council of Aging. There were no representatives present from the Board of Adjustment, the Planning and Zoning Commission, and the Board of Examiners of Plumbers. Mayor McDonald thanked all board and commission members for their service to the community of Iowa City. Meeting adjourned at 6:30 p.m. i I Informal Council Discussion February 13, 1.984 Informal Council Discussion: February 13, 1984, at 6:30 p.m. in the on erence Room a e ivic Center. Mayor John McDonald presiding. Councilmembers Present: McDonald, Erdahl, Zuber, Strait, Dickson,. Ambrisco, Oaker. Staff Members Present: Berlin, Helling, Karr, Jansen, Hencin, Showalter, c ma a e, armer, seydel, Williams. i Tape Recorded: Reel 84-C14, 84-C18. Executive Session Moved by Baker,. seconded by Erdahl, to adjourn to executive session under Section 28A.5.G. (real estate) to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase. the price the governmental body would have to pay for the property. The minutes and the tape recording of a session closed under this.paragraph shall be available for public examination when the transac- tion discussed is completed. Affirmative roll call vote unanimous., 7/0, all'Councilmembers present. The Mayor declared the motion carried. The Council returned to open session. i Planning 6 Zoning Reel 84-C141 Side 1 There was no discussion. DeLLiU �uui i� nca- -, -- --- -- a e aurainances o owa y. i There was no discussion. i Amendment to the Planned -Development Plan of Orchard Court. Franklin stated that the neighbors and City Forester have reached a resolution as to the plantings and screening on the City public right-of- way. 801 Fifth Addition Preliminary Plat Approval. Franklin stated that this•is ready for final approval. The project will . extend to Scott BoulevardThe resolution includes a waiver of sidewalk requirements. There was no discussion. Karr noted that two appointments to the Historic Preservation Commission will be decided on February 28. 2 Consent Calendar Council agreed to add to the Consent Calendar an application for a liquor license and cigarette permit for a new business at 118 East Washington, Bo James. Council Agenda and Council Time Reel 84-C14, Side 1 1. Berlin asked the Council to defer agenda item #7 until February 28. He also asked that item 19 be deferred until Council received background information. 2. McDonald noted that there exists an informal policy to recognize special events with proclamations only when it is locally requested. 3. Erdahl said that minutes of the Rules Committee re Resources Conserva- tion Commission by-laws need to be reviewed prior to distribution. Karr will discuss the matter with Rules Committee members. 4. Dickson reported on the recent Southeast Iowa League of Cities meeting in Ottumwa. 5. Berlin noted that positions on the Civil Service Commission and Pension Board should be filled by people with strong finance and/or accounting experience. Appointments are scheduled for February 28. 6. Erdahl asked the Council to consider allowing vendors to remain in the Plaza area. McDonald said a discussion about the Plaza vendors is scheduled February 27. Iowa Avenue Footbridue Reel 84-C14; Side 2 McDonald said that the University has agreed to split the cost of a $97,000 temporary footbridge across the Iowa River during the nine-month reconstruction of the Iowa Avenue bridge. Zuber questioned the wisdom of spending such Associate Vice President; said on a mthat rpe pedestrian safety y bridge. ya d & conveniencMahon e of the handicapped dictates a footbridge at that location: Zuber noted that the University tore down the footbridge attached to the Crandic railroad bridge. Mahon said that making the IMU-Art footbridge handi- capped accessible does not answer all the needs for a direct pedestrian route. She added that the possibility of students attempting to cross the river on ice is a particular problem. Dick Gibson; University Director of Facilities Planning, said.that a recent study showed that nearly 6;000 use the bridge from 8:00 a.m. until 5:00 p.m. on one class day. The study also showed that detouring to a different bridge adds five to seven minutes to a trip across the river. Farmer explained the proposed bridge plan. Council agreed that the bridge should be wider than the proposed 7-1/2 feet; bicyclists would have to walk across the bridge; a high fence rather than a waist -high fence should be installed on both sides of the bridge. Staff will research options. Assisted Housing Reel 84-C18, Side 1 Seydel reviewed his memo on the history of housing authority. Seydel said that the City owns two projects. The housing authority has had two note sales to finance the projects. The operating budgets for the two public housing projects will be considered at Tuesday's formal Council meeting. Both income and costs for project 22-3 are higher than anticipated. Income that exceeds expenses will be returned to the federal government. The revised budget for project 22-4 only covers a nine month period. State Civil Rights Commission Rules of Procedure Changes Reel 84-ClS Side 1 Strait requested the Council to take a formal position opposing the proposed changes in how the State Civil Rights Commission handles dis- crimination complaints. Phyllis Williams reviewed the State Commission's discrimination complaint review procedure and said that the rule change will allow the Commission to not investigate all complaints. Strait said that the rule change will put the burden of proof on the person who files the complaint. Williams not that complainants may not have the re- sources to pursue their claim. Iowa City's Human Rights Commission member Anne Scupham said their Commission has not had a formal vote or decision on this issue. Council requested the Commission take a position prior to Council. Erdahl asked if the City can .request an Attorney General's opinion about the rule change. Mayor McDonald thought the rule change had some merit in helping make the State Civil Rights Commission more effi- cient in handling many complaints. Council agreed to send a letter to the State Commission opposing the rule change and asking for increased funding for that Commission. The Commission will report back to Council on specific questions raised. Council Agenda and Council Time Continued Reel 84-C18, Side 1 7. McDonald reviewed the Council's past informal policy regarding travel. Council agreed that the, Mayor should be allowed to attend important out-of-state conferences, along with two other members of the Council. Mayor McDonald, Dickson and Ambrisco will attend the National League of Cities conference in March. In answer to Mayor McDonald, Berlin will review Parks and Recreation minutes, re playground equipment at Longfellow and Brookland Parks. 9. Berlin stated that the College Street building is still being moni- tored. 10. McDonald inquired about the February 7 memo from Frank Farmer_regard- ing additional compensation for the design of the lift station. Berlin replied that the request_is justified due to the significant change in the scope of the project. 11. In reply to Ambrisco, Berlin said the December 23, 1983, Board of Appeals minutes will be changed to reflect that Kucharzak was not absent. 4 12. Ambrisco noted the memo from the City Manager re the Charter Review Commission and suggested Dale Welt as a member of the new Commission. Berlin said that a resolution to reconstitute the Commission can be put on the February 28 formal Council meeting and advertisements for members will follow. 13. Baker reminded members that Cooper Evans will be in Iowa City on Sat- urday. 14. Baker reported on attending the world trade center meeting in Iowa City. Council agreed to take a formal position expressing concern about State subsidy of the proposed World Trade Center, and suggesting it could be funded entirely through the private sector. 15. Berlin said that he sent a letter to Ackelson about park land acquisi- tion based on existing Council policy, and sent to Council for their review. 16. Berlin said that Councilmembers could address the comments to him or Vitosh concerning staff review of industrial revenue bonds policy. A draft of the policj will be made available to the Council. 17. Baker noted the memo from PPD Director Schmeiser re garbage dumpsters in front yards and requested the matter be addressed separate from other housekeeping type amendments to the Zoning Ordinance. Dumpsters should be prohibited from the total front yard and parking spaces. 18. Baker said that he is disappointed in Schmadeke's recommendation not to change parking restrictions on South Johnson Street. Baker said that the elimination.of calendar parking would solve the traffic problems after 5:00 p.m. Berlin added that Van Buren Street parking is just as much of a problem. Council will drive thru the areas. 19. Berlin said that the disposition of the alley between Valley .and Lincoln Avenues is reasonable based on staff opinion and appraisal. Appointments Reel 84-C189 Side 2 Council agreed to the following appointments: Riverfront Commission: Laurie Leo Broadband Telecommunications: Nicolas Johnson and William Terry Airport Commission: Harry Lewis Committee on Community Needs: Karen Kubby and Mickey Lauria Meeting adjourned at 9:10. INFORMAL COUNCIL DISCUSSION February 21, 1984 Informal Council Discussion: February 21, 1984, at 6:30 PM in the Conference Room at the Civic Center. Mayor John McDonald presiding. Councilmembers Present: McDonald, Zuber, Strait, Baker, Ambrisco, Erdahl, Dvcson. Staff Present: Berlin, Helling, Jansen, Karr, Showalter, Cassady, Schme ser, Tams. Tape Recorded: Reel 84-C17, 84-C19. Parks and Recreation Reel 84-C17,Side 1 Craig Willis introduced the members of the Parks and Recreation commis- sion. Willis explained the commission aims to achieve a balance for the Iowa City Parks of geographic locations, functions, centers of interests, and the size of parks. There are 529 acres of parkland in Iowa City, offering 1.25 acres per 1000 people. Parks and Recreation has proposed a goal of 2.5 acres per 1000 people. The park acquisition prioritized list includes Miller, Aber, Caroline Avenue Court, Foster Road, and Scott Park. The Parks & Recreation Commission recommends the mandatory parkland dedication ordinance to acquire more parkland. The ordinance requires a subdivision developer to dedicate a percentage of the development to the City as parkland, pay a buy-out fee or receive credit for open space within the subdivision that would be administered by a private organiza- tion. Willis noted that a majority of the commission approves of the ordinance as written. Showalter said the proposed ordinance would increase the cost of a dwelling $800 to $1200. The Council discussed the housing cost increases, benefits and drawbacks to the mandatory parkland in new subdivisions. McDonald requested figures on the average cost of parkland maintenance per acre. Council agreed that if the ordinance were passed, they would need to decide what level and type of parkland service is needed in Iowa City. Erdahl commented about the use of the hotel/motel tax as a revolving parkland acquisition fund. Berlin estimated that $100,000 balance would need to be maintained. Showalter proposed closing an alley in the areas bounded by Burlington, Lucas, Kirkwood and Gilbert and using the closed alley area as a park. The suggestion was made after a study showed that there was no land in that. area for a park. Proposed Amendments to the Non -Discrimination Ordinance Reel 84-C17,Side 2 Sue Futrell stated that the proposed revisions cover both general house- keeping and substantial issues. The Human Rights Commission held a public hearing in December, 1982 to solicit public convent on the proposed changes. The Commission also met with the Housing Commission, the City's legal staff, and various citywide agencies for additional input. Informal Council Discussion February 21, 1984 Page 2 McDonald emphasized that commission members and the public should realize questions by Councilmembers relating to the ordinance seek to determine practicality and legality of the ordinance and do not indicate discrimina- tory attitudes by the Council. McDonald referred to the proposed revision inclusion of mental disabilityis under credit. Futrell said the intent of the propose c anges to insure with mental disabilities are treated the same as everyone else with regard to credit. Zuber strongly emphasized the need for the actual number of complaints and other documented evidence to justify the need for revisions in the human rights ordinance. Zuber noted the Housing Commission report made by Fred Krause stating that the commission had received no response to its rejection of the Housing Commission's recommended proposal. Futrell said that the Housing Commission did respond to the Human Rights Commission, discussed the changes, and heard commission input. Williams said that from November, 1980 through January, 1984, the Human Rights Commission had 69 telephone inquiries concerning housing, 8 people complained of discrimination because of marital status, 7 because of dependents, 2 because of source of income, and 3 because of sexual orientation. Strait read a letter supporting the revisions to the Human Rights Ordinance from the League of Women Voters. Zuber said that it is wrong to force people to rent to families if they don't want to. Futrell said that the benefits of the provision outweigh the liabilities. Dickson said that the elderly should not be segregated from the youthful sector of the society and that families with children should not be banished to ghettos. Williams and Futrell said that the exemptions under Section 18-32 of the proposed Human Rights Ordinance help protect the elderlys' rights to choose to live apart from others. Rusty Barcelo said that the housing restrictions have forced most single parents to live on the outskirts of the town which results in unreasonable financial burden. John Watson said that the proposed revi- sions deny property owners some rights in order to extend housing rights to a greater segment of the population. Baker noted that the list of exemptions would prohibit elderly with dependent grandchildren from living in a rental unit designated specifically for the elderly. The Council discussed whether housing limitations for single parents are primarily caused by economics or discrimination. McDonald noted that the major changes proposed in the ordinance are marital status or sexual orienta- tion, presence or absence of dependents, public assistance as source of income, and mental disability as an invalid reason for refusal of housing or credit. Council discussed mental disability in credit. Berlin noted. that a separate public hearing for the proposed revisions is not necessary because a hearing was already held by the Human Rights Commission. After discussion Council stated that in addition to the mandatory three readings of the proposed ordinance, they will hold a public hearing on March 12 to assure that interested parties are informed of the issues. First consid- eration of the ordinance will be March 27. Council Time: Reel 84-19,Side 2 1. Berlin explained that the developer of the old Iowa Theater will be requesting the Council to approve a marquee sign for the building. The sign ordinance needs to be examined to clarify provisions for marquee signs. j Informal Council Discussion February 21, 1984 Page 3 2. McDonald noted the City's role in job training partnership was discussed in Anne Carroll's January 30 memo. Berlin suggested that Carroll continue monitoring the program at this time. 3. In response to a question, Berlin stated that the concern of liability has prompted the City to carefully review the need for a temporary footbridge across the Iowa River. He stated that a decision will need to be made after bids are received and costs are known. 4. Baker requested a copy of the wastewater treatment article'in the May, 1984, issue of The American City and County magazine. j S. Baker asked Jansen for an analysis of how the proposed changes in the revenue bond issuance will affect Iowa City. Jansen said that staff is reviewing the entire process. 6. In answer to a question from Baker, Jansen said that the City has the power to suspend but not revoke the license of a bar that violates someone's civil rights. A license could be denied by the City on this basis but the State would probably overrule the City's decision. 7. In response to Baker, Helling said that cable franchise will be scheduled for discussion in the near future. Staff needs to review information from Hawkeye and Heritage Cable. 8. Ambrisco inquired about businesses serving food in the area between the street and the sidewalk. Jansen is researching the issue for discussion by the Council in March. 9. Ambrisco reported on his attendance at the the Iowa Legislators meetings. 10. Helling noted that the legislative bulletin will be sent to all Councilmembers. Meeting adjourned at 9:30 PM. :J :I MINUTES INFORMAL COUNCIL DISCUSSION FEBRUARY 27, 1984 Informal Council Discussion: February 27, 1984, 6:40 p.m. in the Civic Center. Mayor John McDonala presiding. Council Present: McDonald, Erdahl, Zuber, Strait, Baker, Ambrisco, Dickson. Staff Present: Berlin, Helling, Karr, Jansen, Hauer, Zehr, Schmeiser, Cassady, Showalter. TaTa e_r�ecorded: Reel 84-C18, Side 2, 431 -End; 84-C20; 84-C21; 84-C22, Side VENDING ON CITY PLAZA: Reel 84-C18, Side 2 Randy Larson, a vending cart operator, said that vending carts benefit the plaza area by offering a food service and part-time employment. He felt reaction to vending carts by businesses in the plaza has overall been supported. PLANNING AND ZONING: Reel 84-C18, Side 2 Snt public hearing to amend oarkinq design standards of the Zoning Franklin said details of the amendment will be explained at the public hearing. sot nuhlie hearing to amend -the planned development housing plan of No discussion. Public hearin on an ordinance to vacate a public highway easement alon Mormon re reg gnerough Westa rarE. Franklin said the applicant has requested the hearing be deferred to March 13, 1984. The motion to defer should include a statement that this is to set a public hearing for March 13th for "consideration of vacation of a public highway easement." Public hearino on an ordinance to amend Chapter 10.35 of the Code of Franklin said that people currently do not live in annexed lands to be included in the precincts. Precinct size is determined by population and the next reallocation of population into precincts will occur in 1991. i INFORMAL COUNCIL DISCUSSION FEBRUARY 27, 1984 PAGE 2 Resolution establishi ion the Ci Boothroy said that the consultation policy was requested by the previous Council to help formalize the consultation process between the Council and Planning and Zoning. This process can help prevent triggering the need for an extraordinary majority vote by the Council to overrule planning and zoning decisions. Council expressed concerns that advisory boards may sometimes exercise more control than the elected Council because of extraordinary majority requirements. The owners of the property are working with City staff on the type of plantings and maintenance. There was no discussion. Both are scheduled for final readings. OLD PUBLIC LIBRARY. Reel 84-C20, Side 1 Berlin said that GWG Investments, represented by Bruce Glasgow and John Cruise, would like a one year extension on the development of the old library parking lot in exchange for allowing the City to continue using the parking spaces. Jansen reviewed the old public library parking lot sale option contract requirements. He explained that a one year exception could be acceptable under the bidding requirements. In response to Erdahl, Jansen stated that the original library purchase agreement required the buyer to spend 300 percent of the purchase price within 18 months of acquisition. The 300 percent of the purchase price is to be used for "hard construction costs such as demolition, materials and other item purchases...". Hauer said that it was intended to give preference to a bidder that would preserve the library if more than one proposal was received. Bruce Glasgow said that $225,000 has already been spent and about $100,000 more will be spent on repairing windows, exterior mainte- nance, installing air conditioning, and lower level repairs. Glasgow explained that the structure is more structurally sound than originally known and won't need the amount of dollar repairs (;495,000) as required by the contract. Glasgow proposes to build a small addition onto the library to fulfill the contract requirements. Jansen stated the contract requirement to spend 300 percent of the purchase price on repairs can be relaxed if it is found to be oppressive and unduly burdensome. It must be demonstrated that the 300 percent requirement is not needed and the contract needs to be amended. Jansen said the 'Council should obtain assurance from Glasgow that he will not construct the proposed addition in exchange for the time extension. Berlin stated that this will be sched- uled next for the March 27th meeting. INFORMAL COUNCIL DISCUSSION FEBRUARY 27, 1984 PAGE 3 AIRPORT OVERLAY ZONE IMPACT REPORT Reel 84-C20, Side 2 Wayne Overman, consulting engineer for the Howard Green Company, reviewed the airport zoning impact report. Emphasis of the report was on runway 6 and 3/0. These approaches were upgraded from visual to permit non -precision instrument approaches, requiring a 34:1 approach slope to conform with the FAA design standards. The impact report obtained topographic information about the land area surrounding the airport and noted the obstructions and hazards into the runway approach slopes. Overman explained that structures penetrating a 20:1 slope would be determined a hazard. Structures penetrating a 34:1 slope would not always be determined a hazard, but may be considered obstructions. The amended ordinance would require landowners proposing a structure that would penetrate a 34:1 approach slope on runway 6 or 30 to file a special exception with the Board of Adjustment to determine if it is a hazard. The FAA would review all special exception applications. Overman and the Council discussed landowners on areas affected by the overlay zone ordinance. Charles Barker stated that the overlay zoning ordinance would negatively effect West Side Company development. McDonald recommended that Barker meet with Overman to review the ordinance and how it would affect the West Side Company. PROPOSAL FOR AIRPORT COMPLIANCE WITH FAA Reel 84-C20, Side 2 Jansen said that the City hopes to resolve the airport's non-compliance status with the FAA. A committee consisting of Russ Schmeiser, Emmett George, Bob Jansen, Wayne Overman, and Fred Zehr has worked an options for the proposal. The options proposed are: To extend runway 6/24 as specified in the Airport Master Plan, costing the City $350,000. Jansen outlined the overall improve- ment package which also included the acquisition of 75 acres, the runway extension work and improvements, reallocation of runway 17, and taxiway acquisition costs. The proposed plan would cost the City $653,000 and has been budgeted in the five year CIP. Alternatively acquire the non -conforming land uses that are located in the clear zone off runway 17, including the second floor residential rights of the Ranshaw buildings, Slager proper- ties, bowling alley and the Dane property. The total acquisition costs would be $1.3 million conservatively, based on willing buyer -seller combination. Council briefly discussed the proposal. In response to E.K. Jones, Jansen said that question of liability will always be present. Council agreed to the proposal. CITY PLAZA, FEES, AND BUILDING EXTENSION Reel 84-C21, Side 1 McDonald said that it is a good time to review the City Plaza vending policy in light of new construction and business changes in the City Plaza area. Helling reviewed the current fee structure and number of permitted vendors. Last summer four vendors and the popcorn stand were permitted in the City Plaza. Helling said permit fees have not increased for five years. Also he explained the criteria in selecting vendors which includes INFORMAL COUNCIL DISCUSSION FEBRUARY 27, 1984 PAGE 4 reviewing previous history of vendor, type of food, electrical require- ments and appearance of cart. Council agreed to raise the fee $50 and allow five vendors in addition to the popcorn stand. University of Iowa student Kathy Axnix presented a petition containing 700 signatures supporting the sidewalk vendors. In response to a City Plaza businessman, Jim Mondanaro, Helling said the bepcornpermitted. stand p R c ieid 6 eteko, owner for a of a Chicago Mickey'srmit. More ,ostatedtproblems of risk of vandalism, arbitrary electrical fees, and the availability of a staff person to handle vendor problems. Berlin suggested that a meeting be held with vendors to review procedures. McDonald stated that a City Plaza store owner has the option of utilizing ten feet directly in front of his or her store for a greenhouse type restaurant. The space would be leased as it is in the public right-of-way. A ten year lease is proposed because there could be substantial investment by the store owner. Council will receive a draft of the leased agreement in the near future. McDonald requested the Burger King representatives to present their request r a marquee sign at Tuesday's formal meeting during public dis- COUNCIL TIME AND AGENDA Reel 84-C2I, Side 2 1. Fred Riddle from Parks & Recreation Commission asked the Council to formalize the allocation of 25 percent of the monies from the ho- tel/motel tax for parks and recreation. Berlin noted that approxi- Matal Erdahl suggestedshould that atbe available $1O.000 ofsthe m neyrecreation Sh Should be lset aside for park acquisition and the remainder could be set aside for new facilities. Riddle said that the existing outdoor swimming pool is in critically bad condition. Berlin said that there is no value to designating money for specific projects because the Council can change those allocations at any time. He added that Parks and Recreation may have to consider a bond issue for constructing a new swimming pool. The Council agreed to discuss the issue further in formal session. 2. In reference to IRS's (item 19), Baker asked that the question of developer initials in the grill work of the proposed Gilbert Tower Project be resolved. 3. The City Clerk noted an addition to the consent calendar of setting a Public hearing on proposed changes in the Human Rights Ordinance. 4. Zuber questioned the water meter deposit for a long-term area resi- dent. Berlin said that the deposits will soon become a payment in advance and will discuss the matter with the individual. 5. Strait suggested that either McDonald or Berlin write Representative Cooper Evans and the Iowa senators in regard to concerns raised by the City Transit Manager re Federal Operating Assistance. INFORMAL COUNCIL DISCUSSION FEBRUARY 27, 1984 PAGE 5 6. Strait noted the memo from the Asst. City Mgr, re equipment replace- ment and suggested that some equipment be reassigned rather than traded in. Helling will investigate. 7. Strait suggested proceeding on Project Green's proposal for protection of the Iowa City ecologically fragile areas. Strait volunteered to serve on an ad hoc committee. 8. Baker questioned the HUD letter saying that Iowa City isno longer a i distressed area. McDonald said that Iowa City is no longer eligible for UDAG grants. 9. Berlin said that the taxpayers' rights amendment hopefully won't be implemented by the State Legislature. i 10. Baker expressed reservations aboutchanging the responsibilities of the head of the Housing Department. He said that the position already has enough responsibility and power. head shouldn't have to make Berlin said that the department agreed to postpone any decision zoning interpretations. The Council to allow further discussion. 11. Ambrisco said that the discussion on the wastewater treatment facility should proceed quickly. Berlin said that staff information and preliminary recommendations are forthcoming. 12. Ambrisco reported that the Legislative Committee met Saturday morning with Minnette Doderer and Art Small. 13. Erdahl noted changes necessary in the Rules Committee minutes from January 30, 1984. In paragraph 4 of Exhibit 2, the reference should be made to paragraph 2 rather than paragraph 3. Erdahl and Baker suggested that the material should be sent to Jansen for review. The Council discussed problems that result when a Councilmember creates Option by abstaining from a vote. Erdahl noted that if an abstention changes the outcome of an issue, the abstention functionally becomes a vote so the abstention becomes deceptive. 14. Baker inquired about establishing a permanent design review committee. Staff will report back. 15. Helling referred to the Program Division Statements and asked for Council input on possible corrections. 16. Helling referred to a memo an video broadcast problems, specifically noting that certain clothing causes problems with video broadcast equipment at televised meetings. 17. Helling requested the letter on the Council's consent calendar re purchase of Hawkeye Cablevision be referred to the Broadband Commis- sion. /1 i INFORMAL COUNCIL DISCUSSION FEBRUARY 27, 1984 PAGE 6 APPOINTMENTS Reel 84-C22, Side I Council recommended Margaret Nowysz and Steve VanderNoude to the Historic Preservation Commission. Other appointments were postponed until Tues- day's formal meeting. Meeting adjourned at 10:20 p.m. OFFICIAL ACTIONS OF COUNCIL - 2/28/84 The cost of publishing the following proceedings & claims is b Cumulative cost for this ca en ar year or said publicaiton is $ Iowa City Council, reg. mtg., 2/1/84, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Absent: Erdahl. The Mayor delivered the State of the City message. Mayor McDonald proclaimed March, 1984 as Mental Retardation Month; and March, 1984 as Eye Donor Month. The Mayor announced two additions to the Consent Calendar:. addition of 4g setting a public hearing on amendments to Human Rights Ordinance and referral of 4e(3) to Broadband Telecommunications Commission. Moved by Ambrisco, seconded by Zuber, that the. following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions, reg. mtg., 2/14/84, as published, subject to correction, as recommended by the City Clerk. . Minutes of Boards and Commissions: Airport Zoning Comm. -1/25/84; Re- sources Conservation Conn. -2/13/84; Planning & Zoning Comm. -1/26/84; Housing Appeals Bd. -12/13/83, 1/10/84; Housing Comm. -1/10/84; Historic Preservation Comm. - 1/11/84; Rules Comm. -1/30/84. Permit Motions: Approving Special Class C Beer -Wine and Sunday Sales for All American Deli, #269 Old Capitol Mall. Approving Class C Beer and Sunday Sales for Kum & Go #104, 1104 S. Gilbert St. Resolutions: Res. 84-36, Bk. 81, p. 110, ACCEPTING THE WORK FOR A PORTION OF A PAVING IMPROVEMENT FOR FIRST AND ROCHESTER, PART 1, IN IOWA CITY, IOWA. Res. 84-37, Bk. 81, p. 111, ACCEPTING THE WORK FOR A PORTION OF THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR FIRST AND ROCHESTER, PART 1, IN IOWA CITY, IOWA. Res. 84-38, Bk. 81, p. 112, ACCEPTING THE WORK FOR THE SANITARY SEWER FOR CRUISE SANITARY SEWER EXTENSION IN IOWA CITY, IOWA. Correspondence: HERA regarding proposed revisions to the Iowa City Human Rights Ordinance. Mark Hamer, of Meardon, Sueppel, Downer & Hayes, re proposed changes to the Iowa City Human Official Actions February 28, 1984 Page 2 Rights Ordinance. Hawkeye CableVision re the purchase of Hawkeye CableVision by Heritage Communications, Inc., referred to Broadband Telecommunica- tions Comm. for• comment. John Herbert re vendors in City Plaza, City Mgr. will reply after Council discussion. Dean Thornberry of Burger King re the marquee for the Burger King at 124 S. Dubuque, referred to the City Mgr. for reply. Project GREEN re the protection of fragile areas in Iowa City, referred to the City Mgr. for reply. Yellow Cab Co. requesting a cab stand, referred to the Traffic Engr, for recommendation. A-1 Cab requesting a cab stand, referred to the Traffic Engr. for recommendation. Hawk -I Cab Co. request- ing three cab stands, referred to the Traffic Engr. for reply. Memo from Traffic Engr. re parking prohibition on Sturgis Corner Dr. Applications for Use of Streets and Public Grounds: Black Student Union to picket on 2/15/84, at 223 E. Washing- ton, approved. Black Student Union to picket on 2/22/84, at 223 E. Washing- ton, approved. Timothy Ganske for permission to picket in front .of the Emma Goldman Clinic on 2/18/84, approved. Setting public hearings: To set a public hearing.on 3/12/84 on.amendments to the Human Rights Ordinance. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Dickson, seconded by Strait, to set a public hearing for 3/27/84 on an ordinance to amend the parking design standards of the Zoning Ordinance. The Mayor declared •the motion carried, 6/0, Erdahl absent. Moved by Strait, seconded by Ambrisco, to set a public hearing for 3/27/84 on an ordinance to amend the Planned Development Housing Plan of MacBride Addition, Part 2. The Mayor declared the motion carried, 6/0, Erdahl absent. Moved by Strait, seconded by Dickson, to defer and re -set a public hearing for 3/13/84 for consideration of an ordinance to vacate a public highway easement along Official Actions February 28, 1984 Page 3 Mormon Trek Blvd. realigned through West Side Park. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. A public hearing was held on an ordinance to amend Chapter 10.35 of the Code of Ordinances of Iowa City to include land annexed since 1981 in Iowa City precincts. Moved by Dickson, seconded by Strait, to adopt RES. 84-39, Bk. 81, p. 113, ESTABLISHING A CONSULTATION POLICY BETWEEN THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION. Jane Jakobsen, Planning and Zoning Commission member, present. for discussion. Councilmember Baker registered his protest re the change in the zoning ordinance which eliminated a required extra -majority vote on rezoning matters for the Council to overrule the Planning '& Zoning Commission. The Mayor declared the resolution adopted, 5/1, with the following div.ision of roll call vote: Ayes: Zuber, Ambrisco, Dickson, McDonald, Strait. Nays: Baker. Absent: Erdahl. Moved by Strait, seconded by Ambrisco, that the Ordinance Amending the Planned Development Plan of Orchard Court Subdivi- sion, Lot 7 & 8, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that ORD. 84-3173, Bk. 23, pp. 78-81, ESTABLISHING THE PROPOSED SOUTH SUMMIT STREET HISTORIC PRESERVATION DISTRICT, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Ambrisco, that ORD. 84-3174, Bk. 23, pp. 82-85, ESTABLISHING THE PROPOSED WOODLAWN AVENUE HISTORIC PRESERVATION DISTRICT, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the ordinance adopted. The Mayor announced this was the time set for a deferred public hearing author- izing a lease to the Iowa City Community School District of a parcel of land on the Iowa City Airport. The Mayor stated it would be necessary to re -set the hearing at this time. Moved by Zuber, seconded by Ambrisco, to set a public hearing for 3/13/84 to consider a resolution authoriz- ing a lease to the Iowa City Community School District of a parcel of land on the Official Actions February 28, 1984 Page 4 Iowa City Municipal Airport for a one year term with options to renew for 21 addi- tional years. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. Dean Thornberry, 124 N. 1st Avenue, appeared and requested Council approval for a marquee sign for Burger King on City Plaza. Steve Rohrbach, 512 S. Dodge, architect for the project also appeared. Individual Councilmembers expressed their views. After discussion, moved by Zuber, seconded by Strait, to permit a use in the City Plaza, by an extension into the Plaza, by means of a marquee -like struc- ture pursuant to Chapter 9.1 of the City Code. The Mayor declared the motion carried, 4/2, with the following division of voice vote: Ayes: Dickson, Ambrisco, Zuber, Strait. Nays: McDonald, Baker. Absent: Erdahl. The City Manager stated he would direct the Planning Department to develop procedures for permits in the Plaza for Council review. Moved by Zuber, seconded by Ambrisco, to adopt RES. 84-40, Bk. 81, p. 114, ESTABLISHING CHARTER REVIEW COMMISSION. { Affirmative roll call unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Charter Review Comn. -nine members are to be appointed to this commission for a term of one year. These appointments will be made at the 4/10/84 City Council meeting. Moved by Ambrisco, seconded by Strait, to approve the recommendation of Project GREEN Steering Comm. to reappoint Nancy Seiberling for a three-year term as trustee of the GREEN fund; to appoint Gerald Murphy, 4 Bangor Circle, to the Civil Service Comm., for a six-year term ending 4/1/90; to appoint James Pratt, 2525 Potomac Drive, to the Bd. of Police I Trustees and the Bd. of Fire Trustees for four-year terms ending 4/1/88; and to reappoint Margaret Nowysz, 1025 River St. and Steven VanderWoude, 730 N. Van Buren, to the Historic Preservation Comm. for three-year terms ending 3/24/87. The Mayor declared the motion carried unani- mously, 6/0, Erdahl absent. Councilmember Ambrisco noted a problem of parked vehicles and construction equipment on Dubuque Street near the hotel Official Actions February 28, 1984 Page 5 site. The City Mgr, will investigate. Councilmember Dickson raised concerns re patrol of parked vehicles near the Iowa State Bank construction. The City Mgr. stated the police are monitoring the situation. Councilmember Strait noted the letter from Project GREEN re the protec- tion of fragile areas in Iowa City. Moved by Zuber, seconded by Strait, to adopt RES. 84-41, Bk. 81, pp. 115-116, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO AN AGREEMENT WITH B&B ENGINEERING SERVICES CORP. FOR THE DESIGN OF THE RUNDELL, DEARBORN & CENTER WATER PUMPING STATION. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 84-42, Bk. 81, pp. 117-119, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, I REHABILITATE, AND OPERATE AN. EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY. Fr. Greiner, President of the Emergency Housing Corp., appeared to thank Council and City staff for their help on this project. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Baker, seconded by Ambrisco, to adopt RES. 84-43, Bk. 81, pp. 120-139, AUTHORIZING THE EXECUTION OF A CONSOLI- DATED ANNUAL CONTRIBUTIONS CONTRACT -KC-9166. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Dickson, to adopt RES. 84-44, Bk. 81, pp. 140-142, ESTABLISHING REVISED FEES FOR BUILDING PERMITS, PLAN CHECKING AND DEMOLITION PERMITS. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, to adopt RES. 84-45, Bk. 81, p. 143, ESTABLISHING POLICY FOR USE OF FUNDS DERIVED FROM HOTEL -MOTEL TAX. After discussion, moved by Ambrisco, seconded by Dickson, to amend the resolution to break down the 25 percent to read "10 percent shall be allocated for parkland acquisi- tion and 15 percent shall be allocated for Official Actions February 28, 1984 Page 6 the constructing, improving, enlarging or equipping of parks and recreational facilities." The Mayor declared the motion to amend carried unanimously, 6/0, Erdahl absent. Affirmative roll call vote on amended resolution unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Baker, seconded by1,144155, to adopt RES. 84-46, Bk. 81, pp. AUTHORIZING THE ISSUANCE OF $ 850,000 IN AGGRAMOUNT OF THE CITY OF I0WAEGCITY, IOWA,ATE COMMERCIAL DEVELOPMENT REVENUE BONDS (GILBERT TOWER ASSOCIATES PROJECT) SERIES 1984, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO GILBERT PARTNERSHIP, FOR THEA TESPURPOSE OF, ANWDEFRAYGENENG ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A FACILITYTOBELY LOCATED RESIDENTIAL ATAR TMENT 601 SOUTH GILBERT AND CONTIGUOUS PROPERTIES WITHIN THE CORPORATE BOUNDARIES OF THE CITY; THE EXECUTION AND DELIVERY OF AN INDENTUREAF TRUST ISECURE OF A SECURITYBONDS; AGREEMENTEXECUTION AND DELVERYWITH THE CITY AS THE SECURED PARTY THEREUNDER AS ADDITIONAL SECURITY FOR SAID BONDS; THE EXECUTION AND DELIVERY OF A DEED RESTRIC- TIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND GILBERT TOWER ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND REAL INTEREST ESTATE OF THE MORTGAGE SIN AID NO TO SAID SAIDSECURITY AGREEMENT AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. Atty. Joe HollClark,dappearedsforing Jim and Loretta discussion. Affirma- tive roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambri156, to adopt RES. 84-47, Bk. 81, P. ADOPTING THE ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1984. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Z157r, to adopt RES. 84-48, Bk. 81, pp. ROICAPITAL IMPROVEMENTSf f iry THESAL YEARS 1985-1989. Affirmative 1 Official Actions February 28, 1984 Page 7 roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Zuber, that the rule requiring that ordinances must 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, that the second consideration and vote be waived and that ORD. 84-3175, Bk. 23, pp. 86-93, AMENDING CHAPTER 31 TO PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE LICENSED, AND FOR ELIMINATION OF SUCH SIGNS BY JUNE 30, 2003, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Erdahl absent. Moved by Strait, seconded by Zuber, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Erdahl absent.. The Mayor declared the ordinance adopted. The City Manager noted there would be no informal meeting the week of 3/5, and the next informal would be 3/12 from 6:30 to 7:00 p.m. with the public hearing on proposed changes in the Iowa City Human Rights Ordinance scheduled for 7:00 p.m. The Mayor encouraged individuals who wish to speak at the hearing to sign-up at the Clerk's office prior to the hearing. Moved by Zuber, seconded by Ambrisco, to adjourn, 9:35 P.M. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. 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, CITY CLERK � Submitted for publication 3/9/64yJ COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES February 28, 1984 Iowa City Council, reg. mtg., 2/1/84, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Absent: Erdahl. Staffinembers present: Berlin, Jansen, Karr, Vitosh, Franklin, Hencin. Council minutes tape recorded on Tape 84-C15, Side 2, 407 -End; 84-C23, Side 1 and 2; 84-C24, Side 1,.1-123. The Mayor delivered the State of the City message. Mayor McDonald proclaimed March, 1984 as Mental Retardation Month; and March, 1984 as Eye Donor Month. The Mayor announced two additions to the Consent Calendar: addition of 4g setting a public hearing on amendments to Human Rights Ordinance and referral of 4e(3) to Broadband Telecommunications Commission. Moved by Ambrisco, seconded by Zuber, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions, reg. mtg., 2/14/84, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Zoning Comm. -1/25/84; Resources Conservation Comm. - 2/13/84; Planning & Zoning Comm. -1/26/84; Housing Appeals Bd. - 12/13/83, 1/10/84; Housing Comm. -1/10/84; Historic Preservation Comm. - 1/11/84; Rules Comm. -1/30/84. Permit Motions: Approving Special Class C Beer -Wine and Sunday Sales for All American Deli, Inc. dba All American Deli, 0269 Old Capitol Mall. Approving Class C Beer and Sunday Sales for Krause Gentle Oil Corporation dba Kum & Go #104, 1104 S. Gilbert St. Resolutions: Res. 84-36, Bk. 81, p. 110, ACCEPTING THE WORK FOR A PORTION OF A PAVING IMPROVEMENT FOR FIRST AND ROCHESTER, PART 1, IN IOWA CITY, IOWA. Res. 84-37, Bk. 81, p. 111, ACCEPTING THE WORK FOR A PORTION OF THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR FIRST AND ROCHESTER, PART 1, IN IOWA CITY, IOWA. Res. 84-38, Bk. 81, p. 112, ACCEPTING THE WORK FOR THE SANITARY SEWER FOR CRUISE SANITARY SEWER EXTENSION IN IOWA CITY, IOWA. Correspondence: HERA regarding proposed revisions to the Iowa City Human Rights Ordinance. Mark Hamer, of Meardon, Sueppel, Downer & Hayes, re proposed changes to the Iowa City Human Rights Ordinance. Hawkeye CableVision re the purchase of Hawkeye CableVision by Heritage Communications, Inc., referred to Broadband Telecommunica- tions Comm. for comment. John Herbert re vendors in City Plaza, City Mgr. will reply after Council discussion. Dean Thornberry of Burger King re the marquee for the Burger King at 124 S. Dubuque, referred to the City Mgr. for reply. Project GREEN re the protection of fragile areas in Iowa City, referred to the City Mgr. for reply. Yellow Cab Co. requesting a cab stand, referred to the Traffic Engr. COUNCIL ACTIVITIE. FEBRUARY 28, 1984 PAGE 2 for recommendation. A-1 Cab requesting a cab stand, referred to the Traffic Engr. for recommendation. Hawk -I Cab Co. requesting three cab stands, referred to the Traffic Engr. for reply. Memo from Traffic Engr. re parking prohibition on Sturgis Corner Dr. Applications for Use of Streets and Public Grounds: Black Student Union to picket on 2/15/84, at 223 E. Washington, approved. Black Student Union to picket on 2/22/84, at 223 E. Washington, approved. Timothy Ganske for permission to picket in front of the Enna Goldman Clinic on 2/18/84, approved. Setting public hearings: To set a public hearing on 3/12/84 on amendments to the Human Rights Ordinance. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Dickson, seconded by Strait, to set a public hearing for 3/27/84 on an ordinance to amend the parking design standards of the Zoning Ordinance. The Mayor declared the motion carried, 6/0, Erdahl absent. Moved by Strait, seconded by Ambrisco, to set a public hearing for 3/27/84 on an ordinance to amend the Planned Development Housing Plan of MacBride Addition, Part 2. The Mayor declared the motion carried, 6/0, Erdahl absent. Moved by Strait, seconded by Dickson, to defer and re -set a public hearing for 3/13/84 for consideration of an ordinance to vacate a public highway easement along Mormon Trek Blvd. realigned through West Side Park. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. A public hearing was -held on an ordinance to amend Chapter 10.35 of the Code of Ordinances of Iowa City to include land annexed since 1981 in Iowa City precincts. No one appeared. Moved by Dickson, seconded by Strait, to adopt RES. 84-39, Bk. 81, p. 113, ESTABLISHING A CONSULTATION POLICY BETWEEN THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION. Jane Jakobsen, Planning and Zoning Commission member, present for discussion. Councilmember Baker registered his protest re the change in the zoning ordinance which eliminated a required extra -majority vote on rezoning matters for the Council to overrule the Planning & Zoning Commission. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Zuber, Ambrisco, Dickson, McDonald, Strait. Nays: Baker. Absent: Erdahl. Moved by Strait, seconded by Ambrisco, that the Ordinance Amending the Planned Development Plan of Orchard Court Subdivision, Lot 7 & 8, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. COUNCIL ACTIVITIE. FEBRUARY 28, 1984 PAGE 3 Moved by Ambrisco, seconded by Dickson, that ORD. 84-3173, Bk. 23, pp- 78-81, ESTABLISHING THE PROPOSED SOUTH SUMMIT STREET HISTORIC PRESER- VATION DISTRICT, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Ambrisco, that ORD. 84-3174, Bk. 23, pp. 82-85, ESTABLISHING THE PROPOSED WOODLAWN AVENUE HISTORIC PRESERVATION DISTRICT, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the ordinance adopted. The Mayor announced this was the time set for a deferred public hearing authorizing a lease to the Iowa City Community School District of a parcel of land on the Iowa City Airport. The Mayor stated it would be necessary to re -set the hearing at this time. Moved by Zuber, seconded by Ambrisco, to set a public hearing for 3/13/84 to consider a resolution authorizing a lease to the Iowa City Community School District of a parcel of land on the Iowa City Municipal Airport for a one year term with carried unanimns to ously, sly, 6/0, 21 a Erdahlnal absentrs. The Mayor declared the motion Dean Thornberry, 124 N. 1st Avenue, appeared and requested Council approval for a marquee sign for Burger King on City Plaza. Steve Rohrbach, 512 S. Dodge, architect for the project also appeared. Individ- ual Councilmembers expressed their views. After discussion, moved•by Zuber, seconded by Strait, to permit a use in the City Plaza, by an extension into the Plaza, by means of a marquee -like structure pursuant to Chapter 9.1 of the City Code. The Mayor declared the motion carried, 4/2, with the following division of voice vote: Ayes: Dickson, Ambrisco, Zuber, Strait. Nays: McDonald, Baker. Absent: Erdahl. The City Manager stated he would direct the Planning Department to develop proce- dures for permits in the Plaza for Council review. Moved by Zuber, seconded by Ambrisco, to adopt RES. 84-40, Bk. 81, p. 114, unanimous,6LISHINrl ARTER EV 610, Erdahl absent. The Mayorl decl ared the �esolutionoadopted. The Mayor -nine members are otocbe appointed ed the wto this ing acommissi commission forraRtermeviewofoo e year. These appointments will be made at the 4/10/84 City Council meeting. Moved by Ambrisco, seconded by Strait, to approve the recommendation of Project GREEN Steering Comm. to reappoint Nancy Seiberling for a three-year term as trustee of the GREEN fund; to appoint Gerald Murphy, 4 Bangor Circle, to the Civil Service Comm., for a six-year term ending 4/1/90; to appoint James Pratt, 2525 Potomac Drive, to the Bd. of Police Trustees and the Bd, of Fire Trustees for four-year terms ending 4/1/88; and to reappoint Margaret Nowysz, 1025 River St. and Steven Vanderwoude, 730 N. Van Buren, to the Historic Preservation Comm. for three-year terms ending 3/24/87. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. COUNCIL ACTIVITIES FEBRUARY 28, 1984 PAGE 4 Councilmember Ambrisco noted a problem of parked vehicles and con- struction equipment on Dubuque. Street near the hotel site. The City Mgr. will investigate. Councilmember Dickson raised concerns re patrol of sarked d theicles Police care he Iowa moniitoring StateBank asituation. Councilmemberion, The tStr1ait noted the letter from Project GREEN re the Protection of fragile areas in Iowa City. Moved by Zuber, seconded by Strait, to adopt RES. 84-41, Bk. 81, pp, 115-116, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO AN AGREEMENT WITH 688 ENGINEERING SERVICES CORP. FOR THE DESIGN OF THE RUNDELL, DEARBORN 8 CENTER WATER PUMPING STATION. Affirma- tive roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Pp. 117-119, seconded ny AUTHORIZING SIGN AND THE Strait, to aCITY CLERK TO ATTEST BAN AMENDMENT TO THE AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, IOWA REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF appeared �to thank Council. Fr. GreinerandrCityestaff fore theirPesidnt of rhelp an thisgproject. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. ved by 120-139, AUTHORIZINGseconded THE E EXECUTIONAmbrisco OF A CONSOLIDATED ANNUAL, 3CONTRIBUTIONS CONTRACT - KC -9166. Affirmative roll call vote unanimous, absent. The Mayor declared the resolution adopted. 6/0, Erdahl Moved by Zuber, seconded by Dickson, to adopt RES. 84-44, Bk. 81, pp. 140-142, ESTABLISHING REVISED FEES FOR BUILDING PERMITS, PLAN CHECKING AND DEMOLITION PERMITS. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, to adopt RES. 84-45, Bk. 81, p. 143, ESTABLISHING POLICY FOR USE OF FUNDS DERIVED FROM HOTEL -MOTEL TAX. After discussion, moved by Ambrisco, seconded by Dickson, to amend the resolution to break down the 25 percent to read "10 percent shall be allocated for parkland acquisition and 15 percent shall be allocated for the constructing, improving, enlarging or equipping of parks and recrea- tional facilities." The Mayor declared the motion to amend carried unanimously, 6/0, Erdahl absent. Affirmative roll call vote on amendedresolution unanimous, 6/0, Erdahl absent. The Mayor declared the resolu- tion adopted. Moved by Baker, seconded by Ambrisco, to adopt RES. 84-46, Bk. 81, pp. 000 IN AGGREGATE PINCIPAL AMOUNT50FAUTHORIZING OF IOWA SUANCOF CITYE OWASBCOMMERCIAL DEVELOP ENTRREVENUE BONDS (GILBERT TOWER ASSOCIATES PROJECT) SERIES 1984, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO GILBERT TOWER ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A 29 -UNIT MULTI -FAMILY RESIDENTIAL APARTMENT FACILITY TO BE LOCATED AT 601 SOUTH GILBERT AND CONTIGUOUS PROPERTIES WITHIN THE CORPORATE BOUNDARIES OF THE COUNCIL ACTIVITIES FEBRUARY 28, 1984 PAGE 5 CITY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A SECURITY AGREEMENT WITH THE CITY AS THE AS ADDITIONALTHE EXECUTIONERTY AND ADELIV DELIVERY OFNDER A DEED RESTRICTIONS; THETEXECUTIONFORI ANDD DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND GILBERT TOWER ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID REAL ESTATE MORTGAGE, SAID SECURITY AGREEMENT AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. Atty. Joe Holland, representing Jim and Loretta Clark, apeared ent.diThession. Affirmative roll Mayor declared he resolution l voteadopted. unanimous, 6/0, adopt d Moved by Strait, seconded by Ambrisco, to adopt RES. 84-47, Bk. 81, P. 156, ADOPTING THE ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 198y," Affirmative roil call vote unanimous, 6/0, Erdahl absent. The Mayordeclared the resolution adopted. Moved by Strait, seconded by 'Zuber, to adopt RES. 84-48, Bk. 81, pp. 157-158, APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEARS 1985-1989. Finance Director Vitosh present for discussion. Councilmembers discussed the scheduling of the Kirkwood Circle Improvements for FY85, funding for the Taft Speedway Paving being done by assessments, and when a final decision would be made on the Iowa Avenue Bridge. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolu- tion adopted. Moved by Strait, seconded by Zuber, that the rule requiring that ordinances must 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, that the sec6o3:°AMENDINGiCHAPTERvote TOewaived and PROVIDE THATtSIGNSON 84-3175, Bk. 23, pp. 8 PUBLIC PROPERTY BE LICENSED, AND FOR ELIMINATION OF SUCH SIGNS BY JUNE 30, 2003, be voted on for final passage at this time. Affirmative roll call vote that theno dinance0be finally adapted atvthisytimeaitAffiermat ve rollucall vote unanimous, 6/0, Erdahl absent. The Mayor declared the ordinance adopted. The City Manager noted there would be no informal meeting the week of 3/5, and the next informal would be 3/12 from 6:30 to 7:00 p.m. with the public hearing on proposed changes in the Iowa City Human Rights Ordinance scheduled for 7:00 p.m. The Mayor encouraged individuals who wish to speak at the hearing to sign-up at the Clerk's office prior to the hearing. Moved by motion carrieddunan mously,,to 6/0,aErdahl,absent. M. The Mayor JOHN M DONALD, M YOR a•:en:cwvu�ia;M i Informal Council Discussion March 12, 1984 Informal Council Discussion: March 12, 1984, 6:30 p.m., in the Conference Room at the Civic Center. Mayor John McDonald presiding. Councilmembers Present: McDonald, Strait, Dickson, Ambrisco, Baker, Zuber. Absent: Erdahl. Staff Present: Berlin, Helling, Jansen, Karr, Franklin. Tape Recorded: Reel 84-C22, Side 1, 92 -End. Planning and Zoning Matters Weeber Street Kathy Yen of 953 Weeber Street, representing the Weeber Street, Weeber Circle and Harlocke neighborhood, requested that an application for downzoning a portion of the neighborhood be discussed at Tuesday's formal meeting. The downzoning would establish a buffer zone between the RS -5 and RM -44 zones. Council agreed to review this matter during public discussion at Tuesday's formal meeting. Rezoning of 30 North Clinton from P to RM -145 Franklin said this property is a church. Ordinance to Vacate a Public Highway Easement Along Mormon Trek Boulevard r � There was no discussion. Rezoning 20 Acres East of Scott Boulevard CH to RMH in the Count Franklin said this property is within the two mile limit as recently adopted by the Fringe Area Policy Agreement. Any rezoning in this area is subject to City review and comment. The property is owned by Bob Wolf and will be developed as a manufactured housing park. In response to McDonald, Franklin explained that only when the property is subdivided could the City impose urban design standards. Franklin stated that a letter has been drafted to the Board of Supervisors outlining City recommendations. County staff has already initiated rezoning of the property because of a change in the County zoning ordinance. Resolution Approving Preliminary Plat of Pepperwood Addition Parts 4-7 The Planning and Zoning Commission recommended approval of the preliminary plat. Ordinance toAmend Chapter 10.35 of the Code of Ordinances of Iowa Cit to Include Land nnexed S nr; toot ,n This is a first consideration. No discussion. 2 Ordinance Amending the Planned Development Plan of Orchard Court Subdivision, Lots 7 and 8 Franklin said an agreement has been signed by the owner of Orchard Court lots, the Mustons and the City. The Council may chose to waive the second reading of this ordinance. Dale Sanderson Correspondence Berlin noted a letter from Dale Sanderson asking the Council to set a public hearing on an ordinance approving the final PDH Plan for Parts 2 and 3 in the Hunters Run Subdivision. Franklin said staff recommends setting the public hearing. This item will be added to the agenda and a public hearing set for April 10. Council Time and Agenda 1. Baker inquired about the airport lease to the Iowa City Community School District of a parcel of land on the Iowa City Municipal Airport (agenda item 4). Berlin said the Council will not take action on this until complete review by the FAA. Jansen noted that the FAA raised safety concerns as well as the rental amount. 2. Berlin asked when the Council wanted to schedule discussion about the Urban Environment Committee resolution. Council agreed to schedule the resolution for March 27. 3. In response to Ambrisco, Berlin outlined the location of the easement that will permit access to the east of the hotel for access to a public way. Berlin also stated that the walkway building permit has yet to be issued. 4. Councilmembers briefly discussed industrial revenue bond information received during the recent trip to Washington, D.C. 5. Ambrisco suggested distributing copies of the MLC statement, Priorities for American Cities. 6. Dickson reviewed franchise information received during her recent trip to Washington, D.C. Public Hearing on Changes in the Human Rights Ordinance McDonald reviewed public hearing procedures. There will be a five minute time limit on individual speakers. Council may seek clarification from speakers but should not engage in lengthy dialogue with them. Meeting adjourned at 7:00 p.m. I :J