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HomeMy WebLinkAbout1984-09-11 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 11, 1984 Iowa City Council reg. mtg., 9/11/84, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl (7:40 p.m.), McDonald, Strait, Zuber. Staffinembers present: Berlin, Jansen, Helling, Karr, Franklin, Gannon, Hauer, Keating. Council minutes tape recorded on Tape 84-C66, Side 2, 497 -End; 84-C69, Sides 1 and 2; 84-C70, Side 1, 1-100. Mayor McDonald proclaimed September 19, 1984, as Hawkeye Olympic Gold Day and September 22, 1984, as American Business Women's Day. The Mayor announced the addition of one item to the Consent Calendar: motion approving beer license for Doc's Standard, Inc., 801 S. Riverside Drive. Moved by Strait, 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 Actions of the reg, mtg., 8/28/84, as pub- lished, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Comm. -7/23/84; Airport Comm. -8/22/84; Resources Conservation Comm. -7/9/84; Bd. of Library Trustees -8/23/84; Hotel Steering Committee/Design Review Committee -8/15/84; Urban Environment Ad Hoc Committee -8/14/84. Permit Motions and Resolutions: Approving Class 8 Beer and Sunday Sales for Ken's Restaurant Systems, Inc. dba Mazzio's Pizza, 1950 Lower Muscatine. Approving Class C Beer and Sunday Sales for T&M Mini -Mart, Ltd. dba T&M Mini -Mart, 2601 Hwy. 6 E. Approving Class C Liquor for Deadwood, Inc. dba Deadwood, 6 S. Dubuque Street. Approving Class C Liquor for Fruland & Halloran, James P. & James P. dba Magoo's, 206 N. Linn Street. Approving Class C Liquor and Sunday Sales for I.C.B.B., Ltd. dba The Brown Bottle, 111 E. Washington Street. Approving Class C Beer and Sunday Sales for Pleasant Valley Orchards & Nursery, Inc. dba Pleasant Valley Orchards & Nursery, Inc., 1301 S. Gilbert Street. Approving Class B Beer and Sunday Sales for Berntsen, Berntsen & Sayre dba Dud's 'N Suds, as corrected. RES. 84-249, Bk. 84, p. 914, ISSUING CIGARETTE PERMIT. Approving Class C Beer and Sunday Sales for Doc's Standard, Inc. dba Doc's Standard, Inc., 801 S. Riverside Drive. Setting public hearings: To set public hearing for 9/25/84, to amend Section 18-32(b)(2) of the Human Rights Chapter of the Code of Ordinances of the City of Iowa City, Iowa. Resolutions: RES. 84-250, Bk. 84, p. 915, ADOPTING SUPPLEMENT NUMBER 21 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. Correspondence: Olive Pearl Ritter regarding problems associated with the Delta Tau Delta Fraternity House at 322 North Clinton. Mrs. Paul Webber regarding problems caused by black walnut trees, referred to City Mgr. for reply. Council Activities September 11, 1984 Page 2 Applications for Use of Streets and Public Grounds: Mary Adams -Lackey for the Athlete's Foot Hawkeye Classic 5K Road Race on 8/26/84, approved. Banc Iowa to dispense free beverage to the public in front of their new location at 132 East Washington on 8/29/84, approved. Jack Lekin to place a permanentsign on public grounds near the railroad tracks at First Avenue, denied. Mr. and Mrs. James Shymansky for the use of McLean Street between Magowan and Ferson for a block party on 9/7/84, approved. Timothy Ganske for permission to picket in front of the Enna Goldman Clinic on 9/8/84, between the hours of 10:00 A.M. and 12:00 noon, approved. Science Fiction League of Iowa Students to have a used book sale in Blackhawk Minipark on 9/7 and 9/8/84 between the hours of 10:00 a.m, and 4:00 p.m., approved. Applications for City Plaza Use Permit: Downtown Association for the use of City Plaza for a "Roll out the Gold Carpet" event on 9/7/84, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearing as set. A public hearing was held on an ordinance to amend the flood hazard overlay zone, Section 36-31(c) to adopt new flood maps and a new flood insurance study. No one appeared. Moved Ambrisco mend the Historic Preservation secondedby yto establish that Certificaten of the orinacetNoaMaterial Effect and modify procedures for designating historic districts, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Zuber, seconded by Strait, that the ordinance amending the Zoning Ordinance regarding the provisional use language for dwellings in the CB -2 zone, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Baker, that the ordinance amending Section 36-88 of the Zoning Ordinance to bri compliance with recent State legislation amendng the procedures therein into ing Chapter 414 of the Code of Iowa (legal publications), be given first vote for passage. Baker thanked staff for furnishing Council with the diagram illustrating the effect of the proposed amendment. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the motion carried. Moved 207-209,REZONI REZONING PROPERTYeAT 624 Sconded OUTHkGILBERT STREET FROM2CIer, that ORD. -1 TO CC32,pbe passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Strait, Ambrisco, Baker, McDonald. Nays: Dickson, Erdahl. Council requested staff keep them informed of future developments and notify Council of Bd. of Adjustment's decision re the property. Council Activities September 11, 1984 Page 3 A public hearing was held on the plans, specifications, form of contract and cost estimate for the construction of the Mercer Park Ball Diamonds Fence Project. No one appeared. Moved by Ambrisco, seconded by Zuber, to adopt RES. 84-251, Bk. 84, p. 916, ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE MERCER PARK BALL DIAMONDS FENCE PROJECT AND AUTHORIZE BIDS TO BE RECEIVED UNTIL 10:00 A.M. ON THE 2ND DAY OF OCTOBER, 1984. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on proposed signage easement agreement between the City of Iowa City and Dr. Harry A. Johnson, Jr. dba Mid -City Hotel Associates -Iowa City. No one appeared. Moved by Zuber, seconded by Dickson, to adopt RES. 84-252, Bk. 84, pp. 917-922, APPROVING PLANS FOR SIGNAGE FOR THE HOLIDAY INN ON CITY OF IOWA CITY PROPERTY. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor reported on the Hotel Steering Committee discussion re signs on City property. Individual Councilmembers expressed their views. The Mayor declared the resolution adopted. Public hearing was held on amending Chapter 17 by revising the require- ment for maintenance of public areas to include striping and marking of individual parking spaces. No one appeared. Public hearing was held on an application for 14 Section 8 Existing Housing Certificates. No one appeared. Richard Craig, President of the Iowa City Assn. of Professional Fire Fighters, IAFF AFL-CIO, Local 610, appeared and requested Council vote down the resolution added late to tonight's agenda abolishing one lieutenant position in the Fire Dept. Dick Brown, representing the Chamber of Commerce, reported on the recent School Bd. meeting and agreement reached re guaran- teeing a track for the Junior Olympics. The Mayor announced that no applications had been received for the United Action for Youth Board for a term ending 6/30/85 or for the Riverfront Commission for a three-year term ending 12/1/87 to be filled by a representa- tive of the University of Iowa. Both positions will be readvertised. Councilmember Dickson reported on the recent public meeting re Congre- gate Housing held in the Senior Center and noted the grand opening of the downtown Holiday Inn. Councilmember Ambrisco noted a recent article in "Financial World" re Heritage Conmunications Inc., new owner of the City's cable station. Ambrisco questioned if the sidewalk program could include the area of Rochester east of First Avenue. Councilmembers requested the program be accelerated to allow construction early next year and encouraged citizens to alert staff or Council of areas needing attention. Councilmember Strait acknowledged Housing and Inspection Services Director Doug Boothroy for chairing the public meeting on Congregate Housing. Strait noted the opening of the Holiday Inn and hoped the proposed dress code did not deter potential customers. Council Activities September 11, 1984 Page 4 The Mayor announced the next item was added to the agenda. Moved by Baker, seconded by Dickson, to adopt RES. 84-253, Bk. 84, p. 923, ABOLISHING ONE VACANT FIRE LIEUTENANT IN THE FIRE DEPARTMENT. The City Manager reviewed the memo submitted to Council by the Fire Chief and himself. Firefighter Richard Craig and Fire Chief Robert Keating appeared for discus- sion. Individual Councilmembers expressed their concerns. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: Erdahl. Councilmember Baker left the meeting, 9:05 p.m. The City Attorney reviewed the current status re an agreement with the School District, Chamber of Commerce and the City re guaranteeing a track for the Junior Olympics. Moved by Dickson, seconded by Ambrisco, to restate the City's commitment to the Junior Olympics and to direct Asst. City Mgr. Helling and City Atty. Jansen to work out the appropriate formal agreement with the School District to accomplish this desired end, namely, construction of two additional tracks at West High in the event the University track is not completed in time for the games. The Mayor declared the motion carried unanimously, 6/0, Baker absent. Council noted the recommendation of the Hotel Steering Committee and the ! Design Review Committee that the City Council approve the two signs (one pole sign and one facia sign) for the Holiday Inn to be placed on City -owned ' property. The 11 foot high pole sign would be located between the sidewalk and Dubuque Street Parking Ramp. The facia sign would be placed over the entrance to the Dubuque Street Parking Ramp. Moved by Ambrisco, seconded by Zuber, to direct staff to negotiate a contract with Metcalf & Eddy to restudy the wastewater facility to seek cost saving alternatives. The Mayor reviewed discussion held the previous day in informal session. The City Manager stated that Dain Bosworth would be discussing fiscal matters relating to the project later in the week. The Mayor declared the motion carried unanimously, 6/0, Baker absent. Moved by Zuber, seconded by Ambrisco, to adopt RES. 84-254, Bk. 84, pp. 924-925, AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. The Mayor declared the resolution adopted, 5/0/1, with the following division of roll call vote: Ayes: Ambrisco, Erdahl, McDonald, Strait, Zuber. Nays: None. Abstaining: Dickson. Absent: Baker. Moved by Ambrisco, seconded by Dickson, to adopt RES. 84-255, Bk. 84, p. 926, AMENDING THE NUMBER OF POSITIONS IN THE HOUSING AND INSPECTION SERVICES DEPARTMENT, CODE ENFORCEMENT ASST. The City Mgr. outlines the memo from the HIS Director re the position. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Erdahl, to adopt RES. 84-256, Bk. 84, p. 927, AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE PUBLIC WORKS DEPART- MENT, ADMINISTRATIVE SECRETARY. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Council Activities September 11, 1984 Page 5 Moved by Dickson, seconded by Strait, to adopt RES. 84-257, Bk. 84, p. 928, RECLASSIFYING A FULL-TIME POSITION IN THE STREETS DEPARTMENT, MAINTE- NANCE WORKER III. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Dickson, to adopt RES. 84-258, Bk. 84, p. 929, AMENDING POSITIONS IN THE ADMINISTRATIVE CLASSIFICATION PLAN, TRANSIT MANAGER. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, that the ordinance amending the penalties for parking violations for overtime parking (increasing from $2 to $3), be given second vote for passage. The Mayor declared the motion defeated, 3/3, with the following division of roll call: Ayes: Ambrisco, Dickson, Erdahl. Nays: McDonald, Strait, Zuber. Absent: Baker. Moved by Erdahl, seconded by Strait, that the ordinance amending Sections 25-60(c), 25-61, and 25-64(c) of the Code of Ordinances of the City of Iowa City, Iowa (Senior Center Commission), be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Zuber, that the ordinance amending Sections 5-6(a) and 5-6(d) of the Code of Ordinances of the City of Iowa City, Iowa, regarding the size of dance floors, be given second vote for passage. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Dickson, Ambrisco, McDonald, Strait, Zuber. Nays: Erdahl. Absent: Baker. Moved by Ambrisco, seconded by Dicl declared the motion carried unanimously, )Na ) , YLLJEKR_— to adjourn 9:30 p.m. The Mayor Baker absent. Informal Council Discussion August 27, 1984 Informal Council Discussion: August 27, 1984, at 6:35 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Councilmembers Present: McDonald, Strait, Dickson, Ambrisco, Baker, Erdahl. Absent: Luber. Staffinembers Present: Berlin, Helling, Karr, Jansen, Franklin, Kimble, Moen, Vitosh, Lundell, Fowler, Shaffer, Mintle, Hauer, Boothroy, Boyle, Smith. Ta eTa a rte; Reel 84-C62, Side'2, 406 -End, 84-C64, All, 84-C65, Side 1, I- n McDonald stated this informal Council meeting is being held in the Council Chambers to hear the Committee report on federal revenue sharing regulations and to enable cablecast of an informal session. Planning and Zoning Matters. Amendment to the screening requirements of the off-street parking regula- tions. Franklin stated that the Planning and Zoning Commission hasn't received specific amendments yet. The Mercy Hospital staff has been notified of the scheduled Planning and Zoning meeting. Planning and Zoning will also be talking with the landscape architect for Mercy Hospital. Currently the parking regulations require either a hedge or a fence. The screening requirements apply to Van Buren and Johnson Street sides of the parking area. Strait noted his concerns for public safety. Erdahl said that the Council should not be put in a position of making a variance on a parking lot that doesn't need to be there and questioned why the ramp had not been larger. Berlin stated that specific questions about the current parking lot should be addressed to Mercy Hospital prior to the Planning and Zoning Commission meeting. Amendment to the Historic Preservation Ordinance. Monica Moen reviewed changes in the ordinance. The major amendment s the establishment of a Certificate of No Material Effect to allow the applicant to go ahead with activities on the historic property that will not have an impact on the historic structure without having to wait for a meeting by the Historic Preservation Commission. The other amendment requires that the Planning and Zoning Commission receive any comments from the Office of Historic Preserva- tion of the Iowa State Historic Department prior to the Commission's action. Other changes in the ordinance are outlined in the memo received by the Council. Amendment to the Zoning Ordinance regarding provisional use ianguage TO Fdwellin s in the CB -2 zone. Changes are proposed because of the request by on ng Code InterpreLdtion Panel and interpretation by the Board of Adjustment for the construction of dwelling units over accessory parking and commercial uses. The intent of the Planning and Zoning Commission was to have commercial uses on the ground floor. Berlin noted that a previous discussion was held about the appropriate use in the CB -2 zone. Amendment to Section 36-88 of the Zonina Ordi of the le is lotion amentlin Cha ter 414 of the Iowa Coae. Franklin explained that e propose amen men wi ring a Iowa i y into compliance with the amended Chapter 414 of the Iowa Code. The amendment alters the time (no less than 7 days or more than 20) requirements for notices of public hearing, allowing the Council to set a public hearing at one Council meeting and hold a hearing at the next meeting. The amendment also affects the area from which a formal protest can be initiated to require an extraordinary majority vote of the City Council on Zoning Ordinance amendments. Baker requested a diagram to demonstrate the changes. Amend Tree Regulations, Section 36-72 of the Zoning Ordinance. No discus- sion. Amend the off-street parking requirements to include provisions for traffic islands. No discussion. Amend the definition section of the Zoning Ordinance to include a definition of planting area. No discussion. the applicant nas requestea a waiver o response to Baker, Franklin said that application for the residential special ment the night of the Board's meeting. the site. !et from CI -1 to CC -2. Franklin said the second and third readings. In staff will know the results of the exception from the Board of Adjust- expla an The Council expressed congratulations to Karin Franklin on her appointment as the City's Senior Planner in the Planning Division. ACCESSIBILITY REGULATIONS FOR GENERAL REVENUE SHARING COMPLIANCE: Reel Side Teresa Kimble introduced the citizen members of the Section 504 Compliance Committee. The Committee recommends implementing the non-structural changes by October 17, 1984. The total cost of the non-structural changes is $10,690. Other recommendations will come to the Council in October. In response to Erdahl, Kimble explained that a large amount of electricity and time would be needed to raise the pool water temperature and a whirlpool could be included as a structural recommendation. In response to Baker, Kimble stated that there would be film rental and media material expenses to inform public employees of City policies, the $390 expense would cover the expenses for a signer for 39 one-hour meetings, and federal revenue sharing monies, if available, would have been used to fund the changes. CABLE TV FRANCHISE TRANSFER: Reel 84-C64, Side 1 Councilmembers reviewed provisions of the cable TV franchise transfer. Nile McDonald, Heritage Communications representative, said that Heritage would fully support Iowa City's petition to the FCC to increase the annual fran- chise fee to five percent in exchange for City approval of the sale. Heritage will also provide financial pro forma information for the Iowa City system. Heritage intends to add two new channels, financial news network and Nashville network, to the basic service within two months. In response to Strait, Heritage representative McDonald explained that the audio and camera problems associated with broadcasts of Des Moines city council meetings are being resolved and that Heritage is unaware of any anti-trust problems with the Iowa City system. Helling said. that the automatic increase as a quid pro quo for a franchise fee increase was not discussed by the Council, nor was it recommended by the Broadband Telecommunications Commission. Terry stated that Commission members were kept apprised of the sale negotiations. Terry noted that Iowa City is unique in that all monies from the franchise fees goes directly into public access. In response to Strait, Helling said additional rate increases are subject to the one year provision. Councilmembers discussed whether a rate increase would necessitate a public hearing. Helling stated that language could be added to the agreement to allow approval of the sale. If the City Council, after a public hearing, determines that there should not be a rate increase, then the City would not file with the FCC to increase the franchise fee from three to five percent. Heritage representative McDonald stated that prompt approval of the sale is needed because the ATC offer expires August 31. Heritage would consent to a hearing process, but if the rate increase is denied, the franchise fee will also not be increased. In response to Dickson, Drew Shaffer explained that the HR -4103 bill should be put on the floor after Labor Day and be voted on. Most cities are in agreement with the bill as it is written. The House Energy and Commerce Committee interpretation clarified points, enhancing the bill's chances for passage. McDonald requested scheduling an informal Council meeting discussion about rate increases - public hearing policies. The Asst. City Mgr. distributed copies of text of letter to be submitted to the Cit by grantee to the FCC re franchise fee (Sec. 2, first paragraph of agreement. PARKING FINE INCREASE: Reel 84-C64, Side 2 Councilmembers discussed increasing parking rates and tentatively agreed to increase overtime parking rates from $2 to $3. Ambrisco requested City staff to address the problem of illegal use of handicap parking. PARCEL 64-1a: Reel 84-C65, Side 1 Berlin outlined the time table and elements of the parking study as it related to Parcel 64-1a. Berlin stated that alternatives for the parcel will include parking and/or mixed use. Erdahl requested a financial report on the entire urban renewal project, suggested including open space and public 4 facilities with the combined uses, suggested contacting Mr. Zuchelli, and seeking design concepts nationwide for the parcel. Berlin said Council will be presented with alternatives September 10. COUNCIL/AGENDA: Reel 84-C65, Side 1 1. (Agenda Item 4g(2)) In response to Strait, Berlin stated that staff will research appropriate locations for benches. Staff will research the possibility of placing a bench on Old Capitol Center property next to "Gifted." 2. Strait inquired about a proclamation for the Olympic participants. Helling said that a special recognition is being planned with other organizations in the, community. A day will be designated for the events by proclamation. 3. Strait stated that there are problems with parking at Terrill Hill Park overnight. 4. In response to Strait, Helling said that Beldon Avenue is being reviewed by Planning and Zoning. Staff will proceed with measures to approve conveyance. 5. Strait requested review of the timetable for the expansion of the Dubuque Street ramp, and noted a gap between August and November. 6. Strait inquired about the August 4 and August 5 Fire Department meetings. Berlin said that he did not believe minutes of the meetings were pre- pared. 7. (Agenda Item 23) Baker stated that smaller dance floors may be danger- ous. 8. Baker informed Councilmembers that he will discuss newspaper vending machines at the formal meeting. 9. McDonald said that the August 21, 1984 letter from Vida .Brenner will be added to the consent calendar. 10. (Agenda Item 21) Erdahl stated that comments from Bette Meisel could have been better worded. 11. (Agenda Item 4e(1)) Ambrisco inquired about the location of Lots 16 and 26 in resubdivision of part of Lot 30 of Conway's Addition. Staff will report. 12. Ambrisco stated that another accident occurred under the railroad bridge on Iowa Avenue. 13. In response to Ambrisco, Berlin said that the chipseal coating on Burlington Street was a less expensive alternative. Berlin stated that staff will review the cost considerations and alternatives for next year's budget. 5 14. In response to Dickson, Berlin said staff will review the building standards for the Roffman building located by the Village Inn on Riverside. 15. Dickson inquired about the status of enforcement re the shed located behind McDowell's on Court Street. 16. Helling asked if the Council wanted to act on the letter received from Mr. and Mrs. Tomlinson regarding noise of air conditioning units in adjacent apartment buildings. Berlin will request staff to research the "noise of air conditioning units in adjacent buildings" problem. 17. In response to Erdahl, McDonald replied that the bug zapper issue has not been addressed since receiving an opinion from the legal staff. BOARD OF ELECTRICAL EXAMINERS APPOINTMENT: Berlin stated the application received was not for this Commission and the City would readvertise the position. CCN APPOINTMENT: Councilmembers tentatively agreed to appoint Grace Cooper to the CCN vacancy. EXECUTIVE SESSION: Moved by Strait, seconded by Erdahl, to adjourn to executive session under Section 28A.5B to discuss strategy with Council on matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation, and Section 20, collective bargaining, to discuss as a public employer, strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provisions of Chapter 28A according to Chapter 20.17(3). Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried and adjourned to Executive Session, 9:15 p.m. OFF,,IAL ACTIONS OF COUNCIL - 8/28/b, The cost of publishing the following proceedings & claims is $ . Cumula- tive cost for this calendar year for said publication is $ Iowa City CounciT-reg. mtg., 8/28/84, 7:30 PM at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait. Absent: Zuber. Moved by Ambrisco, seconded by Strait, to adopt RES. 84-237, Bk. 84, p. 865, RESOLUTION OF COMMENDATION FOR DONALD SHIMON, in recognition of 25 years of City service. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. The Mayor presented Certificates of Appreciation to the following citizens as members of the Section 504 Compliance Committee for donating their time to help study the accessibility of the City of Iowa City's facilities and programs. They gave tremendous help in finding solutions to non-structural and structural accessi- bility problems. The City of Iowa City expresses its gratitude to Mona McElderry, Andrew Norr, Maris Snider, Michael Townsend, Sandy Vaughan, Jane Keller and to two members who moved away this summer: Sharon Van Meter and David Ormond. The Mayor announced the addition of two items to the Consent Calendar: correspondence from Vida Brenner re bug zappers and correspondence from Attorney John Hayek re Holiday Inn opening ceremo- nies. Moved by Strait, seconded by Ambrisco, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the reg. mtg., 8/14/84, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commis- sions: Bd. of Adjustment -6/13/84 & 7/11/84; Civil Service Copm.-7/7/84; Senior Center Comm. -7/11/84; Housing Comm. -7/19/84 & 8/14/84; Housing Appeals Bd.-7/19/84; Planning and Zoning Comm. -7/19/84 & 8/2/84; Airport Comp. -8/15/85 & 8/22/84. Permit Motions and Resolutions: Approving Class B Liquor License and Sunday Sales for Mid -City Hotel Associates, as corrected. Approving Special Class C Beer/Wine & Sunday Sales for Bushnell's Turtle. Approv- ing Special Class C Beer/Wine & Official Actions _ August 28, 1984 Page 2 Sunday Sales for Felix & Oscar's. Approving Class C Beer & Sunday Sales for Hy -Vee Food Store N2. Approving Class B Liquor & Sunday Sales for Highlander Inn & Supper Club. Approving Class C Liquor for Connec- tions. Approving Class C liquor for Time Out Restaurant & Coaches' Corner Lounge. Approving Class B Beer & Sunday Sales for Duds 'N Suds. RES. 84-238, Bk. 84, p. 866, DANCING PERMITS. Motions: Approving disburse- ments in the amount of $2,319,312.67 for the period of July 1 through July 31, 1984, as recommended by the Finance Director, subject to audit. Resolutions: RES. 84-239, Bk. 84, p. 867, ACCEPTING THE SANITARY SEWER IMPROVEMENTS FOR LOTS 16 AND 26 IN THE RESUBDIVISION OF PART OF LOT 30 OF CONWAY'S ADDITION. Setting public hearings: RES. 84-240, Bk. 84, p. 868, TO SET PUBLIC HEARING FOR 9/11/84, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE MERCER PARK BALL DIAMONDS FENCE PROJECT. To set a public hearing for 9/11/84, on amending Chapter 17 (Housing) to include requirements for maintenance of striping/marking of parking spaces within parking areas. Correspondence: University of Iowa regarding 1985 Junior Olympics. Elderly Services Agency regarding benches on north side of Old Capitol Center, City Mgr. will reply. GWG Investments regarding Old Public Library and Library Parking Lot matters. Memoranda from Civil Service Commission submitting certified lists of applicants for the following positions: Building Inspec- tor/Housing and Inspection Services; Maintenance Worker II/Forestry. Vida Brenner regarding bug zappers. Attorney John Hayek regarding Holiday Inn opening ceremonies. Applications for Use of Streets and Public Grounds: Delta Chi Fraternity for the Fall Kickoff Super Run I on 9/1/84, approved. Janice Knipper for the use of Nevada Avenue for block party on 8/25/84, approved. Martha Price to offer VFW poppies for donations on 9/8/84, approved. Official Actions August 28, 1984 Page 3 Affirmative roll call vote unanimous, 6/0, Zuber absent. Ambrisco noted the ltr. from Atty. Hayek and urged unanimous concurrence with his opinion. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Ambrisco, seconded by Dickson, to set a public hearing on 9/25/84 on an amendment to the screening requirements of the off-street Parking Regulations. The Mayor declared the motion carried unanimously, 6/0, Zuber absent. Moved by Ambrisco, seconded by Dickson, to set a public hearing on 9/25/84 on the proposed vacation of a portion of the Mormon Trek Boulevard right-of-way located on the north side of Mormon Trek Boulevard between Plaen View Drive and the Iowa City corporate limits. The Mayor declared the motion carried unanimously, 6/0, Zuber absent. A public hearing was held on the proposed amendments to the Historic Preservation Ordinance which establish a Certificate of No Material Effect and modified the procedures for designating historic districts. A public hearing was held on the proposed amendment to the Zoning Ordinance regarding the provisional use language for dwellings in the CB -2 zone. A public hearing was held on the proposed amendment to Section 36-88 of the Zoning Ordinance, amendment of the ordinance, to bring the procedures therein into compliance with recent State legisla- tion amending Chapter 414 of the Iowa Code. The Councilmembers agreed to combine the following three items as one item: Moved by Erdahl, seconded by Strait, 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 the following ordinances be voted on for final passage at this time: ORD. 84-3197, Bk. 23, pp. 191-198, AMENDING THE TREE REGULATIONS, SECTION 36-72 OF THE ZONING ORDINANCE; ORD. 84-3198, Bk. 23, pp. 199-201, AMENDING THE OFF-STREET PARKING REQUIRE- MENTS TO INCLUDE PROVISIONS FOR TRAFFIC ISLANDS; ORD. 84-3199, Bk. 23, pp. 202-203, AMENDING THE DEFINITION SECTION Official Actions August 28, 1984 Page 4 OF THE ZONING ORDINANCE TO INCLUDE A DEFINITION OF PLANTING AREA. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried. Moved by Erdahl, seconded by Strait, that the ordinances be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the ordinances adopted. Moved by Ambrisco, seconded by Strait, that the ordinance to rezone property at 624 S. Gilbert Street from CI -1 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: Ambrisco, Baker, McDonald, Strait. Nays: Dickson, Erdahl. Absent: Zuber. Moved by Ambrisco, seconded by Dickson, to adopt RES. 84-241, Bk. 84, p. 869, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF MILLARD WAREHOUSE, PHASE III AND IV, LOCATED ON LOT 1 OF BDI 4TH ADDITION. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on the proposal to issue not to exceed $3,000,000 aggregate principal amount of industrial development revenue bonds for Southgate Development Company, Inc. Project. Moved by Ambrisco, seconded by Dickson, to adopt RES. 84-242, Bk. 84, pp. 870-876, PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT), OF THE CITY OF IOWA CITY, IOWA, AND CHANGING THE NAME OF THE DEVELOPER AND OWNER OF THE PROJECT TO SOUTHGATE DEVELOPMENT COMPANY, INC. Affirmative roll call vote unani- mous, 6/0, Zuber absent. The Mayor declared the resolution adopted. Charlie Ruppert, 1406 N. Dubuque Rd., appeared and questioned when North Dubuque Road was scheduled for street overlay. Staff will report. The Mayor announced the following vacancies: Senior Center Conn. -one vacancy for an unexpired term ending 12/31/85. Bd. of Adjustment -one vacancy for a five-year term ending 1/1/90. Human Rights Comn.-three vacancies for three- year terms ending l/l/88. Parks and Recreation Come. -two vacancies for Official Actions August 28, 1984 Page 5 four-year terms ending 1/1/89. These appointments will be made at the 10/9/84 City Council meeting. The Mayor announced that no applica- tions had been received for the Bd. of Electrical Examiners and Appeals four -term term to be filled by an electrical journeyman and the position would be readvertised. Moved by Ambrisco, seconded by Dickson, to make the following appoint- ments: Committee on Community Needs for an unexpired term ending 10/1/86 -Grace Cooper, 600 W. Benton Street and to approve the recommendation of the City of Coralville to reappoint David Gerliman to the Riverfront Conn. as a representative of the City of Coralville for a three-year term ending 12/1/87. The Mayor declared the motion carried unanimously, 6/0, Zuber absent. Councilmember Ambrisco commended the media for reminding drivers to be careful with opening of school; welcomed back University students and faculty; and noted the opening of the University of Iowa football season on September 8th. McDonald asked the City Attorney when the response to a letter from Iowa -Illinois would be available. The City Attorney reported the response would be in next week's Council packet. Baker quoted sections of the letter from Atty. John Hayek re Holiday Inn opening ceremonies and stated his intent to contact Atty. Hayek and General Manager of the hotel, Bob Bray, re the matter. Council noted the following recommen- dations of the Housing Commission: 1) that program manuals for the Low Interest Loan and Forgivable Loan Programs be presented to and adopted by Council. 2) that application for ten units Public Housing Existing Acquisition without rehabilitation be approved. 3) expresses its concern about the lack of progress in the Congregate Housing Program and supports the motion of CCN. 4) wishes to express their concern about the delay on implementing the Shared Housing Program which is one of their priority projects and would like to see it move ahead. 5) that the Ordinance amending Chapter 17 SECTION I., Section 17-7(v) as proposed requirements for maintenance of striping/marking of parking spaces within Official Actions August 28, 1984 Page 6 parking areas) be referred to the Planning and Zoning Commission for review and action. Moved by Baker, seconded by Dickson, to adopt RES. 84-243, Bk. 84, p. 877, AWARDING CONTRACT FOR THE SANITARY SEWER IMPROVEMENT PROJECT -SEWER SYSTEM REHABILI- TATION TO J.C. CONSTRUCTION, LTD. OF IOWA CITY, IOWA, for $111,670.30. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Erdahl, to adopt RES. 84-244, Bk. 84, p. 878, APPROVING THE OFFICIAL MUNICIPALITY REPORT FOR MUNICIPAL STREETS AND PARKING AND THE OFFICIAL STREET CONSTRUCTION PROGRAM STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1984. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 84-245, Bk. 84, pp. 879-888, ADOPTING POLICIES, NON-STRUCTURAL CHANGES AND GRIEVANCE PROCEDURE THAT WILL ASSURE ACCESSIBILITY OF CITY OF IOWA CITY PROGRAM, ACTIVITIES, AND FACILITIES TO HANDICAPPED PERSONS. The Mayor acknowl- edged the work done by the Committee. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 84-246, Bk. 84, p. 889, AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE FINANCE DEPARTMENT - PARKING DIVISION. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Baker, to adopt RES. 84-247, Bk. 84, pp.890-893, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH VON BRIESEN AND REDMOND, S.C., BY STEVEN B. RYNECKI, FOR LABOR NEGOTIATION SERVICES. The Mayor declared the resolution adopted, 5/0/1, with the following division of roll call vote: Ayes: Strait, Ambrisco, Baker, Erdahl, McDonald. Nays: None. Abstaining: Dickson. Absent: Zuber. Moved by Ambrisco, seconded by Baker, to adopt RES. 84-248, Bk. 84, pp. 894-913, APPROVING TRANSFER OF THE BROADBAND TELECOMMUNICATIONS FRANCHISE FROM HAWKEYE CABLEVISION CORPORATION TO HERITAGE CABLEVISION, INC. OR TO A SUBSIDIARY OR LIMITED PARTNERSHIP, THE GENERAL PARTNER Official Actions August 28, 1984 Page 7 OF WHICH IS CONTROLLED BY HERITAGE CABLEVISION, INC. AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND HERITAGE CABLEVISION, INC. ESTABLISHING THE CONDITIONS OF SAID TRANSFER. Moved by Erdahl, seconded by Strait, that the resolution be amended to clarify the agreement, which is part of the resolution, is that agreement distrib- uted tonight and approved by the City legal department 8/28/84, and incorporat- ing language discussed previously by Council (that the basic fee would not become effective until the grantee applies for an increase in the franchise fee). The Mayor declared the motion to amend the resolution as stated carried unanimously, 6/0, Zuber absent. Individual Council - members expressed their views. Affirmative roll call vote to adopt the resolution as amended carried unanimously, 6/0, Zuber absent. The Mayor declared the amended resolution adopted and thanked members of the Committee for negotiating a very good package. Moved by Erdahl, seconded by Baker, that the ordinance amending the penalties for parking violations for overtime parking (increasing from $2 to i3), be given first vote for passage. Individual Councilmembers expressed their views. The Mayor declared the motion carried, 4/2, with the following division of roll call vote: Ayes: Erdahl, Ambrisco,Baker, Dickson. Nays: McDonald, Strait. Absent: Zuber. Moved by Ambrisco, seconded by Dickson, that the ordinance amending Sections 25-60(c), 25-61, and 25-64(c) of the Code of Ordinances of the City of Iowa City, Iowa, (Senior Center Commission) be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, 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 first and second consideration and vote be waived and that ORD. 84-3200, Bk. 23, pp. 204-206, AMENDING SECTION 35-33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, CONCERNING MECHANICAL INSPEC- Official Actions August 28, 1984 Page 8 TIONS OF TAXICABS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the ordinance adopted. Moved by Dickson, seconded by Ambrisco, that the ordinance amending Sections 5-6(a) and 5-6(d) of the Code of Ordinances of the City of Iowa City, Iowa, regarding the size of dance floors, be given first vote for passage. Baker and Erdahl raised concerns re smaller dance floors. The Mayor declared the motion carried, 4/2, with the following division of roll call vote: Ayes: Ambrisco, Dickson, McDonald, Strait. Nays: Baker, Erdahl. Absent: Zuber. Moved by Strait, seconded by Dickson, to adjourn 9:05 PM. The Mayor declared the motion carried unanimously, 6/0, Zuber absent. For a more detailed and complete description of Council Activities & Disbursements, see Offi o Cjy_ erk and Finance Department. s/JOHNCDONALD, MAYOR s/MARIAN K. KARR, CITY LERK l »_:ta.__,)1% Submitted on 9/6/84 ro 7 -3 -)- Informal -3-)- Informal Council Discussion September 10, 1984 Informal Council Discussion: September 10, 1984, at 6:30 p.m, in the Conference Room at the Civic Center.. Mayor John McDonald presiding. Council Present: McDonald, Ambrisco, Zuber, Strait, Erdahl, Baker, Dickson. Staff Present: Berlin, Melling, Jansen, Karr, Schmeiser, Schmadeke, Vitosh, Lundell, Gannon, Franklin, Davidson, Hauer, Farmer, Davidson, Boren, Smith. Tape -Recorded: Reel 84-C65, Side l,'84 -C67, Sides 1 and 2, 84-C68, Side 1. Council agreed to add Doc's Standard's application for a beer permit and the resolution abolishing one vacant fire lieutenant position to the Consent Calendar for the September 11, 1984, formal Council meeting. WASTEWATER TREATMENT PLANT: Reel 84-C65, Side 2 Noel Willis explained the review process used to make recommendations to the Council as to which firms should be considered to review the wastewater treatment plant. The committee initially developed and sent out requests for proposals, followed by an informational meeting. Utilizing criteria devel- oped by the staff, the 12 proposals received were screened independently by each committee member - resulting in four firms (CH2M Hill, Donahue, Metcalf & Eddy, and Parsons) being selected for further evaluation. CH2M Hill withdrew from the selection process. The committee used a detailed question- naire to interview and evaluate the remaining three firms. Donahue was eliminated as a result of the interviews. The committee recommended a field verification evaluation of plants designed by Parsons and Metcalf & Eddy. The committee selected Metcalf & Eddy because plant designs were more customized and detailed for the specific set of problems involved with the Iowa City sewer plant and there was a fine rapport with the firm. Willis stated that significant savings may be realized by the consultant selection process. Both Parsons and Metcalf & Eddy proposed schematics costing $30 million. Willis said that privatization is one of the several options to consider. Willis stated that he personally felt proof was needed that it would be to the public's advantage to dismantle the sewage treatment plant operating team and give that responsibility to a private firm. Willis recommended that the consultant be flexible and maintain open options. A companion recommendation by the committee is to retain Boettcher and Company as financial advisors. Boettcher and Company ranked 12th in the nation in the field of municipal bonding, works for cities, has been involved with privatization projects in Chandler, Arizona, and has direct experience with contract negotiations, and has competitive bond issue fees. Erdahl asked if a $10 million savings will be realized. Berlin stated the the City will only know the cost of the project after bids are received. The estimated $30 million is for the construction of a new plant on the existing site and utilizing some of the existing plant structures. Berlin explained that if Council accepts the recommendation, staff would proceed to negotiate a contract with Metcalf & Eddy. McDonald stated the Council would have the option to turn down the engineering contract. Metcalf & Eddy would be directed to develop engineering solutions and recommend financial alterna- tives: Once the City adopts a solution, the City would then determine what the process should be and who should prepare final plans and specifications for construction: A bidding process would be used for the building of, the plant. A bidding process is not required for selection of design engineering consultants. Dickson, Baker, and Erdahl raised concerns about the interview and selection process. Erdahl said that he didn't want to be in a situation in which the Council was given only one solitary recommendation but wanted to be able to choose from a more broad recommendation. McDonald explained that the committee had a lengthy discussion about the number of firms that should be presented to the City Council. The committee decided that visits to various plants by City staff should be made before a recommendation was offered to the Council. Erdahl noted that the Council missed a step in the selection process by not being informed of the potential firms before on-site inspec- tions were made. Berlin stated that different views and perceptions by the Council and staff should be discussed this fall as part of the process of working together. Erdahl emphasized that when a Councilmember makes a statement about what he expects and nobody descends from that, staff ought to ask for clarification. In response to Baker, Berlin said that design costs are unknown presently. Berlin said that the Council will give final approval of the contract with Metcalf 8 Eddy. Baker stated that design and final solution should be sought on a more competitive basis. Ambrisco and Zuber stated that the Council should accept the recommendations. In response to Erdahl, Schmadeke said that the City will own the study once it is completed and that both firms, when asked about utilizing the existing plant site, recommended bringing the Rundell Street flow directly to the plant. In response to Baker, Schmadeke said that the new standards for discharge have not gone into effect. Strait stated that a Councilmember should have accompanied staff on the plant site inspections. Strait re- quested a thorough summary of this discussion of the wastewater treatment issue. McDonald stated that Dain -Bosworth requested the opportunity to make a presentation and submit a proposal to serve as the City's financial consult- ant with the wastewater treatment project. Council agreed to delete the reference to financial consultant at this time and directed staff to proceed with contract negotiations with Metcalf d Eddy. ZONING APPLICATIONS: Reel 84-C67, Side 1 Amend the flood hazard overla zone Section 36-31(c) to adopt new flood maps and a new fl insurance stu y. In response to Baker, Franklin said staff will check the impact of the new flood maps on City -owned property located south of Regina elementary high school on Prentiss Street. .3a the Historic Preservation Ordinance to establish the Certificate of No No discussion the No discussion. No discussion. Rezone property at 624 South Gilbert Street from CI -1 to CC -2. No discussion. PARCEL 64-1a: Reel 81-C67, Side 1 McDonald stated that the Council wants to explore all options for development of Parcel 64-1a. Berlin said the Council will receive a series of reports including the report on concepts for Parcel 64-1a, a detailed report on short and long term parking and Civic Center space needs. Berlin said that the Council needs to review options for Parcel 64-1a to ensure that the options are not incompatible to the decision to proceed with the addition of two floors on the Dubuque Street ramp. The role that parking plays on the site will only be determined after the parking demand study i"s completed. Representatives of Hansen Lind Meyer and Rich 8 Associates reviewed the "Final Report 14 Potential Parcel 64-1a", including six proposed schemes and the magnitude of costs. Rich stated that they need to know the options for Parcel 64-1a before expansion plans for the Dubuque Street ramp can be fully developed. Twelve key issues for the development of Parcel 64-1a were presented as follows: identify parking needs, Dubuque Street intersection impact, Linn Street intersection impact, hotel drop-off access, hotel service easement impact, linkage with existing ramp, need for express exit, staffing and controls, aesthetic impact on downtown, College Street impact, pedestri- ans, costs. In response to Ambrisco, Rich explained that there are higher operating costs and problems with public acceptance because of worries about security for underground parking. John Benz, HLM, explained that if the Dubuque Street ramp is expanded two floors, a minimum solution for traffic flow could be to have an express exit at the third level. Dubuque Street would be used strictly as an entrance. Berlin stated that Zuchelli will be contracted on an hourly basis and will provide the City with an outline. Strait stated that he hopes the parking study will focus on parking needs in the north area of downtown. JUNIOR OLYMPICS TRACK: Reel 84-C67, Side 2 The Mayor and the City Manager reported that the National Junior Olympics Committee requested Iowa City guarantee by September 15 that there will be a track facility for the Junior Olympics track event. The City and Chamber of Commerce propose to enter into a joint venture to assist Iowa City Community Schnewotracknexpandifacilityniisthe otWest co pleted.sTheetrackck if expansi�on would bUniversity Iowa's of financed the City of Iowa City and the Iowa City Chamber of Commerce. Jansen stated the Council would need to make a motion directing staff to proceed with the agreement at tomorrow night's formal meeting. Jansen said that the City has received a letter from Ernie Lehman, representing the Chamber, assuring the City of the st SchoolfBoardri s reimbursement eveningr the tand more a nformationcwillexpansion. be presented at tomorrow night's meeting TAFT SPEEDWAY SPECIAL ASSESSMENT: Reel 84-C67, Side 2 Frank Farmer reviewed the construction and cost estimates for the Taft Speedway sanitary sewer extension and special assessment. Farmer stated that the estimated cost of the project is $202,000 with the City paying the cost difference between an 8 inch pipe and a 33 inch pipe (app. $90,000). In response to Baker, Farmer explained that 60% of the cost will be assessed on all abutting property owners based on a front foot basis. Additional sewer costs would be assessed for property owners wanting to further develop their land and extend the sewer into the development. The Evangelical a eseChurch el would pay their .proportionate share, app.. Y $ ven or ten year period. In response to Strait, Farmer stated six out of seven Council votes are needed to authorize the special assessment. Farmer explained that two property owners opposed the project. Baker raised concerns re the project and would discuss them with staff. COUNCIL TIME/AGENDA: Reel 84-C670 Side 2 1. (Agenda Item 3.c.(6)) In answer to a question from Zuber'Karr said that Pleasant Valley applied for a permit to sell beer but will apparently limit sales to imported beers. 2. (Agenda Item 3.g.3) In response to Ambrisco, Berlin explained that the requested sign permit that was denied was for a religious sign. 3. (Agenda Item 3:f.1) In response to Strait, Berlin said that the Univer- sity is working on the problem. 4. (Agenda Item 8) Ambrisco noted that one of the Holiday. Inn signs downtown will be on the parking ramp to indicate hotel parking. McDonald addublic that Ambriscowill lso be a noted thatgtheoshow Holidayhat Inn theramp is f or nationwide directory will direct hotel patrons to come into town on the Dodge Street entrance which would made the hotel's free-standing sign visible from Burlington Street. !_.3a 5. (Agenda Item 9) In response to Baker, Berlin said that staff recommends that the current Code should cover maintenance of marked parking lots. Unmarked lots are not covered by the Housing Code and the Housing Commission has recommended against requiring all existing lots to be marked if they aren't currently marked. 6. (Agenda Item 14.a) Berlin recommended adding to the agenda a resolution abolishing a lieutenant position in the Fire Department. He said that it is in the best interest of department to have a promotional policy before filling the position but Iowa law states that the position must be filled within 30 days of vacancy. Berlin said that the union has indicated it will file a lawsuit unless the position is filled. Staff recommends removing the position until a promotional policy is in place. The position can be reconsidered after a policy is written and the command structure is examined. 7. Dickson said that she appreciates the letter sent to Representative Dingle regarding HR4103 (included in the packet) and would like to be kept apprised of the progress of the bill. 8. McDonald stated that the next meeting of the Iowa League of Municipali- ties will be September 26-28 in Waterloo. Berlin noted that there will be sessions on evaluation of City Manager's and contracting city services. 9. Dickson said that she will discuss the congregate housing public hearing at the September 11 formal meeting. 10. In response to Dickson, Berlin stated that the City hasn't received a response from the Board of Adjustment on the Sturgis Creek division decision. Berlin added that he feels that the ordinance language should be corrected to prevent similar situations in the future. 11. In response to Ambrisco, Berlin said that the transit maintenance study does not answer all questions about average per hour maintenance costs. Berlin will meet with the study's authors to clarify statistical ques- tions. 12. In response to Ambrisco, McDonald said that=the Council Legislative Committee will try to meet with local and state representatives in December to discuss specific issues. 13. Baker questioned the press release re speed radar locations. Berlin said that it is not normal policy to advertise locations, but staff has found it useful on an occasional basis to alert the public of possible loca- tions. 14. Strait said that the Council should reach a decision on the newspaper vending machine issue now that a legal decision has been rendered by a federal court judge. Berlin said that a New York Times representative has inquired whether the newspaper lock boxes are permissible on streets. Berlin said that area newspapers seem to agree to an ordinance prohibit- ing chaining vending machines to trees, posts, furniture, etc. and requiring insurance. Baker said that he is still troubled by attachment of machines to public property and the proliferation into residential neighborhoods. ._'3zl 6 — 15. Helling said that the Council should plan a meeting with department heads about the budget on October 16 in place of the normal informal meeting. 16. McDonald said that the schedule is reverting to back to normal meeting times (every Tuesday and alternate Mondays). 17. Berlin said that City Atty. Jansen has responded to Tom Hoogerwerf's letter regarding the Iowa -Illinois franchise. Berlin said that Council should provide a sense of direction on whether the City would defend a court challenge to a fee and whether the City would support a franchise without a fee if the fee didn't pass a public vote. The franchise fee probably won't be on this fall's ballot. The Council discussed the franchise fee use. Council directed staff to pursue the matter. Meeting adjourned at 9:30 p.m. L•3a