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HomeMy WebLinkAbout1984-12-04 Council minutesr - Informal Counci) Discussion November 5, 1984 Informal Council Discussion: November 5, 1984, 6:35 p.m. in the Council Chambers at the Civic Center in Iowa City. Mayor John McDonald presiding. Councilmembers Present: McDonald, Zuber, Ambrisco, Baker, Dickson, Erdahl, Strait. Staff Present: Berlin, Melling, Jansen, Karr, Smith, Franklin, Milkman, Boothroy, Hencin, Nugent, Mintle. Tame Recorded: Reel 84-C83, Side 2, 211 -End; 84-C84, Sides 1 and 2, All; -C84 85, Side 1, 1-115. Consent Calendar Reel 84-C83, Side 2 Council agreed to add to the consent calendar approval of the application for a beer permit from Bob Baehler, 1515 Mall Drive, The Yacht Club of Iowa City. Planning and Zoning Reel 84-C83, Side 2 Recommendation of the Planning and Zoning Commission regarding roomers in singe-family zones. Franklin explained that the Planning and Zoning Commission recommended that there should be no exemptions for church -affiliated residential uses and no changes to the roomer ordinance. Franklin explained that the Legal Depart- ment was concerned that the law be applied uniformly and that it would be difficult to show that there was a connection between the function of the religious institution and the residential uses. The Planning and Zoning Commission had discussed the reduction in the number of roomers in the multi -family zones. When reviewed by the City Council, the number of roomers in the multi -family zone was increased and the number of roomers in the single family zones was reduced. Franklin said it is only in RS -5 and RS -8 zones that the requirement is one roomer. Dickson and Zuber said the roomer ordinance could cause a financial hardship to some people in the RS -5 and RS -8 zones. Zuber questioned grandfathering in the existing two roomer uses. Berlin said staff.will review the information and present it to the Council for further discussion. In response to Strait's reference to agenda item 18, Franklin said the ordinance relates to the Human Rights Chapter and should be passed and adopted at tomorrow's formal -meeting. Set a ub11c hearin for November 20 1984 on a planned development housing o an or u*An ae. ar . No discussion. Ordinance to rezone property between runways 30 and 35 from P to an overlay zone of CI -r. Airport Commission requested this item be deferred. Council agreed to defer this item indefinitely. Ordinance to rezone 6.3 acres of Highway 1 West from 1-1. to CI -1. Franklin said that staff's recommendation for approval was conditioned on an amendment to the Comprehensive Plan to reflect the change from industrial to commercial intensive. The Planning and Zoning Commission recommended to rezone the property. The Planning and Zoning Commission felt that lines between the designations on the Comprehensive Plan are lines of transition, not a concrete boundary. Milkman reviewed a map of a planned frontage road along Highway 1 West. The frontage road is in the Highway 1 right-of-way. IDOT is willing to give the right-of-way to Iowa City. A letter needs to be sent from Iowa City to I00T accepting the right-of-way. Hartwig Inc. would construct the frontage road and Iowa City would maintain it. Erdahl expressed concern that the City would be giving up concurrent jurisdiction with IDOT for providing frontage and access roads. Councilmembers decided to consider sending a letter to IDOT after the public hearing tomorrow evening. Corrective ordinance to vacated a portion of the Grove Street right-of-way. Franklin said this is a corrective ordinance and action is necessary to enable proper disposal of the property. Resolution to dispose of a portion of an alley in Block 15 County Seat Addition—fT'Ta.r. � .Zun. Mr. Johnson owns half of the alley and would like to purchase the remaining half of the vacated alley. Franklin explained the $50 cost was the estimated amount of money spent by staff to go through the disposal proceedings. In response to Strait, Franklin said that the City usually does an appraisal when there are more than one adjacent property owners to whom the property would benefit. Also, the City can dispose of a property by offering it to the public at a public hearing for a price - then the fair market value will be set by competing interests in the property. Franklin said staff is drafting a policy on the disposition of small parcels. No discussion. Amend the Zonto extend the grace period for compliance with provisions ing Ordinancerelating to roomers. No discussion. and No discussion. Amend the Zoning Ordinance sign regulations for CB -2 zone. No discussion. Rezone property located at 209 Myrtle Avenue from RS -8 to RN -20. Franklin said comments were received from William Meardon, attorney for the applicant, and from Mr. Li, both speaking in favor of the application. Rezone 1220 and 1228 Third Avenue from RS -5 to RS -8. Franklin said no comments were received at the public hearing. Vacate a portion of the Mormon Trek Boulevard right-of-way located on the north side of Mormon Trek Boulevard. No discussion. Ordinance ado tin zoningregulations for the prevention of hazards and incom�atib a uses surrounding the Iowa City Municipal Airport. No discussion.. Utility Franchise Reel 84-C84, Side i Jansen considered the question if the franchise fee or rental fee is a tax. If the courts construe it as a tax, under the home rule power, the power to tax has been reserved by the state and the municipality cannot impose a tax. If it is construed to not be a tax it would be within the power of the City to impose a fee. Jansen said the issue has not been litigated since the adoption of the home rule legislation. Under the proposed franchise, if Iowa City and Iowa -Illinois agree that the franchise fee ought to be imposed, there is a question of whether a third party or a citizen can challenge it. Jansen will review recent research done by the League of Municipalities regarding this issue. Jansen will report back to the Council next week. Erdahl requested Jansen to research if the IDOT can refuse to allow the building of a frontage road to avoid maintenance costs. Councilmembers discussed the franchise fee. Ambrisco disagreed with the one percent fee provision in the franchise. Erdahl stated that the franchise fee can save money by making energy information and qualified personnel available to the public. McDonald said it is important to know specifically how the franchise fee revenue will be used. Ambrisco said the public should be fully informed about the franchise fee before it is voted upon. Ambrisco requested information about the University's intention to purchase energy from a private concern. In response to Strait, McDonald said the proposed franchise contract is for 25 years with an option for the City to reopen the contract at ten years. McDonald estimated that the franchise agreement could be finalized by February or March of 1985. Baker requested clarification of the franchise agreement language regarding the first 30 days of the eleventh year of the franchise the Council has to notify Iowa -Illinois to renegotiate the contract. Baker commented on Iowa -Illinois transformer boxes. 4 Human Service Agency Joint Hearing Reel 84-C84, Side 1 Mintle reviewed the process for the joint hearing on human service agency funding. Three City Council representatives and two Board of Supervisor representatives will attend the funding request hearings. A formal City -Council meeting will be held to discuss the agency requests. Strait and Dickson will represent Council. Congregate Housing Reel 84-C84; Side 1 Boothroy recommended hiring a consultant to do a market and feasibility survey of the congregate housing needs in Iowa City. The consultant will survey the elderly to find out what 'type of housing and services are needed and what people are willing to pay for. In response to Ambrisco, Boothroy• said that staff assistance and data could be made available to reduce consultant fees. Strait suggested contacting the University of Iowa for help in the feasibility and marketing study. Boothroy noted that the City will have criteria affecting the consultant's involvement with the building of a congregate housing project. Boothroy said another public hearing will be held November 15 at 1:30 p.m, in the Senior Center. CDBG Recommendations Reel 84-C84,•Side 2 Council requested additional information about the CDBG recommendations. Ambrisco requested a geographic breakdown of people being served in project. seven. Baker asked that Women's Transit Authority representatives be present at tomorrow's formal meeting. Erdahl asked for information about the amount of money Johnson County has for programs involving mental health and drug and alcohol rehabilitation. Erdahl wanted to know if the County is expending the money allocated under state law for such programs. Zuber requested the budget for the full-time staff person for project I3; a breakdown of administrative costs; and information about the $1500-$15,000 RVAP increase. Strait requested rationale on how it was decided to allocate $100,000 to Goodwill. Berlin explained that there are two issues of concern about the Women's Transit Authority: 1) discrimination in employment and services and 2) the state is adopting new rules and regulations about funding of special kinds of transportation. Jansen is studying these issues. In response to Dickson, Berlin explained that the human service agency salaries increases have been implemented. Review of the FY85 Objectives Reel 84-C84, Side 2 The Council reviewed an update of Council objectives in preparation of the Council goal setting session to be held November 15, 2:30 p.m, at the Holiday Inn. Berlin said that Tim Shields has recommended to complete the goal setting all in one session. Appointments Reel 84-C84, Side 1 Resources Conservation Commission - Staff will inform Phil Nychay of the need for his resignation before an appointment can be made. Mayor's Youth Employment - Jan Liggett Karr noted a correction to agenda item 11a.1. Senior Center. The appointment should be dated 1986, not 1985 as indicated. Council Time/Agenda Reel 84-C84, Side 2 1. Karr noted two additions to the consent calendar: a resolution for a cigarette permit and motion setting public hearing on December 18 on an ordinance to amend Chapter 14. 2. Berlin stated that two resolutions have also been added to the agenda relating to reclassification of positions in Housing 8 Inspection Services and Transit. The position changes have been agreed upon by staff and AFSCME. 3, Item 5e.(10). In response to Dickson, Council agreed to co-sign a letter to the University of Iowa's Human Rights Commission as requested by Sue Futrell. 4. Item 5e.(7) In response to Dickson, Berlin said Cassady will schedule a meeting with Dean Spriestersbach to discuss community theatre. 5. McDonald reminded Council that six Councilmembers need to be present and voting favorable at the December 4 Council meeting for the Taft Speedway vote. 6. Item 10c(2) In response to Baker, Berlin said Franklin will provide Council with information about Vanessa's canopy request. 7. In response to Baker, Berlin said Project Green, the Design Review Committee and City Forester agreed that trees should be removed from the 300 block of Washington Street. 8. Baker inquired about prohibiting dumpsters from the required parking spaces of apartments. Berlin said the City can prohibit it and it can be enforced when housing inspections are made. Baker also asked about the prohibition of dumpsters from the total front yard. 9. In response to Zuber, Berlin explained the City pays for every ton of refuse the City takes to the landfill. The cost is included in the bill received by Iowa City residents. 6 10. Ambrisco requested a large enough room for the November 15 Council goal setting meeting at the Holiday Inn. 11. In response to Ambrisco, Erdahl explained.that the Council developed the process of reading board and commission recommendations at formal Council meetings to ensure that Councilmembers know what the recommendations are. Ambrisco noted that he disagrees with the Design Review Committee's recommendation that no barrier be placed around the fountain in the City Plaza. Ambrisco suggested replacing the water fountain with a permanent sculpture. The matter will be scheduled for further discussion. 12. Strait questioned Council interest regarding regulating exotic animals in Iowa City. Council decided not to pursue the matter. 13. Melling said a meeting with the Board of Supervisors is scheduled on December 19. 14. Item 5e.(4). Berlin said correspondence from Mr. Bender should be referred to the committee that is looking at downtown maintenance. Executive Session Moved by Strait, seconded by Ambrisco, to adjourn to executive session under 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, 7/0, all Council - members present. Councilmember Dickson .left. The Mayor declared the motion carried and adjourned to executive session 8:50 p.m. Meeting adjourned 9:35 p.m. r Informal Council Discussion November 19, 1984 informal Council Discussion: November 19, 1984, at 6:30 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Councilmembers Present: McDonald, Dickson, Ambrisco, Baker, Strait, Zuber. Absent: Erdahl. Staff Present: Berlin, Melling, Karr, Smith, Jansen, Franklin, Milkman, Hencin, Nugent, Moen, Mintle. Tape Recorded_: Reel 84-C90, Sides 1 and 2, All, Reel 84-C91, Side 1, All. Consent Calendar Reel 84-C90, Side 1 Council agreed to add to the consent calendar Rocky Rococo's application for the liquor license. Karr noted that Ground Round Restaurant has also been added to the calendar. Planning 8 Zoning a Franklin explained that the public hearing needs to be reset because the previous public hearing date notice wasn't posted in time. Resolution approving the final plat of Deer Hill Subdivision. No discussion. Corrective ordinance to vacate a portion of the Grove Street right-of-way. No discussion. Ordinance to rezone 6.3 acres south of Highway 1 West from I-1 to CI -1. Franklin said a letter has been sent to the IDOT stating Iowa City will accept the right-of-way vacated by the IDOT. Baker said all readings should not be waived. McDonald explained that past policy of the Council has been not to waive all readings on rezonings. the Council will defer action until December 4, 1984. policy recommendations from Urban Environment Ad Hoc CommiittteeKeel 4 C901 Side 1 Baker said the November 14 memo re: recommendations of the Urban Environment Ad Hoc Committee are merely suggestions and final policy statements will be tally upon by areas, The thenCommittee's mlook a at the rcentral to buse niess tdistrictnmand historic preservation areas. The Committee may recommend a modified version of a type of environmental impact statement and require a PAD from develop- ers. There have been two public hearings to receive input from the public and property owners that may be affected by the policy. Jansen explained that the home rule provision may allow regulating -by means of an ordinance because it appears the state has not pre-empted the field of environmental concerns of control. To proceed by way of zoning measures would be less clear because the Iowa Code chapter which enables zoning legislation does not contain references to environmental preservation. Also, Jansen stated that while the U.S. Supreme Court has said zoning for aesthetics is a legitimate governmental interest, the Iowa Supreme Court hasn't addressed that issue. Jansen raised concerns of taking of property if regulations are so restric- tive that it diminishes the economic value of the property. Jansen said that the policy statement itself would not have serious legal objections but the ordinances or regulations the City adopts pursuant to that policy statement would need to be given legal review. In response to McDonald, Jansen said that there could be problems with considering parcels separately. Zuber said he was unaware that the Environmental Ad Hoc Committee was going to consider things, such as open space and historic preservation, already discussed by Council. Zuber questioned if the City Council has any power to regulate University property. Baker explained that by designating all areas, including University property, it would inform the public about the environ- mental sensitive areas. Ambrisco said he is in favor of a general policy statement that would inform all property owners. Ambrisco also raised concerns about the taking of private property without compensation. In response to Ambrisco, Baker said concerns were raised at the second public hearing about what type of regulations were going to be imposed. Dickson said that policies should consider areas that include approaches into Iowa City. Council agreed to forward the policy statement to Planning and Zoning and the Legal Department. Council requested the Planning and Zoning Commission give high priority to this project. CDBG Fundino Decisions Reel 84-C90, Side 1 Councilmembers reviewed information and charts about the 1985 CDBG project funding requests. Berlin explained that 10% of the total grant can go into a contingency fund. The current contingency fund balance is $25,171. McDonald thanked CCN committee members for their efforts and recommendations. Hencin explained three neighborhood hdiscussions Ys and CCN discussionstwerehatthelwo dutoidecide blc iupon' the CDBG recommendations. McDonald recommended not funding Women's Transit Authority, MECCA, and the Mid -Eastern Iowa Comnunity Mental Health Center. Berlin stated that although problemsenwithTrtheistatehcode. idea Zubermerits raisedonconcernsoaboutthere fheiWomen�s Transit Authority request that includes $39,000 for administrative help. Berlin stated that City staff can meet with proponents of Women Authority to 's Transit MECCA,McDo aldiexplainedethatithey havessources not f ndingffrom thegardincounty and that there are other projects that require CDBG funding that don't have 'any other sources of revenue. Art Schut, MECCA Dir., said a majority of the funding comes from the state and cannot be used for capital expenditures. Dickson, Strait and Ambrisco were not in favor of entirely eliminating MECCA funding. McDonald reminded Council of a commitment to fund a joint human services facility and that money has not yet been allocated. Mickey Lauria, CCN Chairperson, requested an explanation of Council decisions about the funding requests. In response to Baker, Lauria said members of CCN felt the Ralston Creek project has already received extensive funding in past years. Hencin said Ralston Creek has received an estimated 25-30% of the CDBG $12 million grant. Strait stated that the Creative Arts Troupe request should be considered. Hencin said that HUD does consider it eligible for funding because of the population it serves but that Council has had a policy not to fund operating expenses. Berlin said there is a concern providing continuing services out of block grant money and this type of program should be funded out of the operating budget. Laurie stated that CCN could review rankings of existing priorities and projects not previously recommended at Tuesday's CCN meeting and make recommendations to the Council at their formal meeting. Councilmembers were invited to attend the meeting. Baker suggested that CCN and Council consider funding the City park accessi- bility request for $35,000. Councilmembers agreed to delete Mid -Eastern Iowa Community Mental Health Center and Women's Transit Authority, consider reducing the MECCA request amount, not consider projects 121-25, and fund the City Park accessibility project. Economic Development - Tax Incentives Reel 84-C91, Side 1 Berlin explained that the City h'as received a request from the Millard Company for the City Council to consider the tax abatement program. Repre- sentatives from Millard and Ray Huston answered questions about the tax abatement program and Millard expansion plans. Tim Jacques, Millard repre- sentative, said they plan to hire an additional 50 people, expand cold storage facilities, and will not burden the sewer system. In response to Strait, Huston explained the tax incentive will serve as a means to attract additional construction and businesses. Huston said the tax abatement program would help Iowa City become competitive in attracting businesses to the area. McDonald stated that Council would be establishing policy by granting the tax abatement to Millard Company. Huston said the Council needs to endorse the property tax 'abatement policy and then the Council would need to act upon each individual application. Baker stated he has reservations about giving tax abatement for structures already completed. Councilmembers agreed to adopt a tax abatement program for.Millard Company. A representative from the Iowa City Chamber of Commerce 4 submitted a letter of support for the tax abatement program. Berlin said staff will prepare the Millard Company proposal for the December 3 informal Council meeting. Council Time 1. Melling distributed a revised Council meeting schedule. 2. McDonald requested that Council schedule a brief discussion with a representative from Vanessa's re the the plaza awning at the next informal Council meeting. •3. McDonald requested that Council discuss the selling of Ralston Creek parcels. Berlin said staff will prepare background information for the Council and schedule a discussion in December. 4. Melling said staff will proceed with the Byington Road and Melrose intersection project. Appointments Resources Conservation Commission: Robert Singerman. Executive Session Moved by Ambrisco, seconded by Zuber, to adjourn into executive session under Section 28A.53 to discuss strategy with Council in matters that are pres- ently 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 under 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, Erdahl absent. The Mayor declared the motion carried and adjourned to executive session, 9:00 p.m. After discussion of litigation Councilmembers Dickson and Strait left the meeting, 9:35 p.m. Executive session re collective bargaining continued to 10:20 p.m. OFFICIAL ACTIONS OF COUNCIL - 11/20/84 The cost of publishing the following proceedings & claims is $ Cumulative cost for this calendar year for said publication is i Iowa City reg, mtg. 1TTM4, at 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Absent: Erdahl. Moved by Ambrisco, seconded by Zuber, to adopt RES. 84-300, Bk.84, p. 1140, RESOLUTION OF COMI4ENDATION FOR EDWARD VOREL, in recognition of 15 years City service. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. The Mayor noted the addition of two items to the Consent Calendar: a liquor license for Ground Round Restaurant and a beer -wine license for Rocky Rococo. 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., 11/6/84, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Urban Environment Ad Hoc Comm. - 9126/84, 10/9/84, 10/23/84, 11/6/84; Committee on Community Needs -10/2/84, 10/23/84; Airport Comm. - 10/25/84. Permit Motions: Approving Class C Liquor and Sunday Sales for The Sanctuary Restaurant, 405 S. Gilbert. Approving Class C Liquor and Sunday Sales for Sycamore Eating and Drinking Company, Mall Shopping Center. Approving Class C Liquor License and Sunday Sales for Ground Round Restau- rant, 830 S. Riverside Drive. Approving Special Class C Beer -Wine License & Sunday Sales for Rocky Rococo, 118 S. Dubuque Street. Setting public hearings: To set public hearing for 12/4/84, to correct the legal description in Ordinance No. 83-3144, vacating a portion of alley right-of-way in Block 9, of County Seat Addition. To set public hearing 12/4/84, disposition of the vacated alley right-of-way in Block 9, County Seat Addition. To set public hearing 12/4/84, policy and level of service for snow and ice removal. To set public hearing 12/4/84, proposed Official Actions November 20, 1984 Page 2 program description and application for rental rehabilitation grant funds. Correspondence: Goodwill Industries regarding CDBG funds. Scott Barker, Chairman of the Board of Adjustment, regarding the special exception for property at 5 Sturgis Corner Drive. Scott Barker regarding the work of the Board of Adjustment and City Staff. Application for Use of Streets and Public Grounds: Timothy Ganske to picket in front of the Ewa Goldman Clinic on 11/17/84, approved. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried and repeated public hearings as set. Moved by Ambrisco, seconded by Zuber, to re -set a public hearing on 12/4/84, on a Planned Development Housing Plan for Ty'n Cae, Part 4. The Mayordeclared the motion carried unanimously, 6/0, Erdahl absent. Moved by Zuber, seconded by Strait, to adopt RES. 84-301, Bk. 84, p. 1141, APPROVING THE FINAL PLAT OF DEER HILL SUBDIVISION. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, that the ordinance to vacate a portion of the Grove Street right-of-way, be given first vote for passage. Affirma- tive roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Moved by Zuber, seconded by Strait, that the ordinance to rezone 6.3 acres south of Highway 1 West from I-1 to CI -1, be given first vote for passage. Affirma- tive roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Moved by Strait, seconded by Ambrisco, to defer indefinitely the preliminary plat for the Ruppert Subdivision and a prelimi- nary Large Scale Non -Residential Develop- ment (LSNRD) plan for the MHI auto center, located south of Highway 1 West and north of the Iowa City Airport. The Mayor declared the motion carried, 6/0, Erdahl absent. A public hearing was held on an ordinance amending Sections 15-48 and 15-62(A) of the City Code of Ordinances, Official Actions November 20, 1984 Page 3 relating to refuse collection. Public Works Director Schmadeke present for discussion. Councilmembers requested consideration of the ordinance be deferred to allow redrafting to prohibit containers in front yards and to require screening anywhere else if within 50 feet of the street. Moved by Zuber, seconded by Dickson, to defer to 12/4/84 the ordinance amending Sections 15-48 and 15-62(A) of the City Code of Ordinances, relating to refuse collection, to limit placement of refuse containers in front of buildings and to clarify that only combinations of four or fewer dwelling units will receive refuse pickup service. Baker requested that the language be added to clarify that the ordinance be applied retroactively. The Mayor declared the motion to defer carried, 6/0, Erdahl absent. Merle Trunmel, 314 W. Benton, appeared to discuss the building located at 5 Sturgis Corner and the Bd. of Adjustment hearing on the special exception request. Moved by Dickson, seconded by Ambrisco, to accept the correspondence/minutes pre- sented by Mr. Trunmel. The Mayor declared the motion carried, 6/0, Erdahl absent. Moved by Strait, seconded by Dickson, to defer until 12/4/84 consideration of the three appointments to the Resources Conservation Commission for three-year terms ending 1/1/88. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. Moved by Dickson, seconded by Zuber, to appoint Robert Singerman, 1176 Hotz, to the Resources Conservation Commission for an unexpired term ending 1/1/86. The Mayor declared the motion carried unani- mously, 6/0, Erdahl absent. Councilmembers wished Councilmember Strait a Happy 70th Birthday. Ambrisco questioned if the parking spaces on Capitol Street near Younkers could be designated Handicapped Parking. Staff will investigate. Ambrisco also inquired as to when the fine for illegal use of such spaces would be posted as $35 as pre- viously decided by Council. Staff will report back. McDonald reminded the public of the upcoming public hearing by the Official Actions November 20, 1984 Page 4 Charter Review Commission scheduled for November 26, at 7:30 in the Council Chambers. The Recommendation of the Urban Environment Ad Hoc Committee that the Urban Environment Policies be adopted as an amendment to the Iowa City Comprehen- sive Plan. The Mayor noted the matter had been discussed by Council at their informal session on 11/19 and had been referred to the Legal Department for investigation of Council authority and to the Planning and Zoning Commission for review. Moved by Ambrisco, seconded by Dickson, to adopt a resolution authorizing filing of a Community Development Block Grant Program Statement for 1985 in the amount of $736,000 under the Housing and Community Development Action of 1974, as amended, including all understandings and assurances contained therein and desig- nating the City Manager as the authorized chief executive officer for the grant. The Mayor reported on discussion of the Committee on Community Needs (CCN) recommendations at the informal session 11/19, and noted that the Council had made some changes and requested CCN review the matter again at their meeting scheduled for the afternoon of 11/20. Mickey Lauria, CCN Chair, presented Council with a memo prepared after that meeting showing the committee recommendations on the reallocation of 1985 CDBG funds. Lauria outlined the memo and noted the following recommendations: MECCA - $100,000; Goodwill -#156,210; City Park Accessi- bility - $35,000; Creekside NIA Sidewalk Proj. -$23,200; and Longfellow Playground - $2,400; contingency - $33,831. Indi- vidual Councilmembers expressed their views re funding MECCA. Art Schut, MECCA Director, appeared for discussion. A majority of Council (McDonald, Baker, Strait, Zuber) were not in favor of funding MECCA the $100,000. Staffinember Moen present. After discussion, the Council agreed to fund MECCA $50,000 and allocate enough money to Goodwill to complete Phase II improvement proj. (parking lot). Moved by Zuber, seconded by Baker, to amend the resolution by making the following changes: MECCA -$50,000; Goodwill - $205,335; City Park Official Actions November 20, 1984 Page 5 Accessibility $35,000; Longfellow Playground - $2,400; and contingency -$34,706; deletion of funding for two requests - Community Support Service Addition (Mid -Eastern Iowa Community Mental Health Center) and Iowa City Women's Transit Authority. McDonald noted all other requests will be approved as per the original CCN 1985 CDBG Project Fundiin Requests memo date 84 0 23 . The Mayor declared the motion to amend the resolution carried, 5/1, Dickson voting "no" and Erdahl absent. The Mayor announced that a roll call vote would now be taken on the motion on the floor to adopt RES. 84-302, Bk. 84, pp. 1142-1143, AUTHORIZING FILING OF A COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM STATEMENT FOR 1985 IN THE AMOUNT OF $736,000 UNDER THE HOUSING AND C0MMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDER- STANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT, as amended by Council this evening. The Mayor declared the amended resolution adopted, 5/1, with the following division of roll call vote: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker. Nays: Dickson. Absent: Erdahl. The Mayor thanked CCN for the time and effort involved in making their recommendations. Moved by Ambrisco, seconded by Baker, to adopt RES. 84-303, Bk. 84, p. 1144, GRANTING CABLEVISION ASSOCIATES VII DBA HERITAGE CABLEVISION, INC., A RATE INCREASE OF FORTY CENTS PER MONTH. Asst. City Mgr. Helling reported on recent legislation that no longer requires FCC approval to the increase in the franchise fee, and stated that this resolution approves the rate increase contingent upon the execution of a 5% franchise fee rather than the current 3%. Affirmative roll call vote unanimous, 6/O, Erdahl absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to adopt RES. 84-304, Bk. 84, pp. 1145-1161, AUTHORIZING THE EXECUTION OF THE FIFTH AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES FOR THE CITY -UNIVERSITY URBAN RENEWAL PROJECT I (IOWA R-14) BETWEEN THE CITY OF IOWA CITY AND ZUCHELLI, HUNTER E ASSOCIATES, INC., for technical services for the development of Official Actions November 20, 1984 Page 6 Urban Renewal Parcel 64-1a. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, that the ordinance to amend the boundaries of City Plaza, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Moved by Zuber, seconded by Ambrisco, to adjourn 9:15 P.M. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. A more detailed description of Council activities is on file in a ff'ce IF the City Clerk. �«eJe s/JOHN MCDONAL MgY0 > s/MARIAN K. KARR, CITY CLERK yy Submitted for publication on 11130/84 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES November 20, 1984 Iowa City reg. mtg., 11/20/84,at 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Absent: Erdahl. Staffinembers present: Berlin, Helling, Jansen, Karr, Schmadeke, Stockman, Franklin, Moen, Council minutes tape recorded on tape 84-C87, Side 1, 387 -End, Side 2, 1 -End; 84-C92, Side 1, 1-467, Moved by Ambrisco, seconded by Zuber, to adopt RES. 84-300, Bk.84, p. 1140, RESOLUTION OF COMMENDATION FOR EDWARD VOREL, in recognition of 15 years City service. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. The Mayor noted the addition of two items- to the Consent Calendar: a liquor license for Ground Round Restaurant and a beer -wine license for Rocky Rococo. 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., 11/6/84, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Urban Environment Ad Hoc Comm. - 9/26/84, 10/9/84; 10/23/84, 11/6/84; Committee on Community Needs -10/2/84, 10/23/84; Airport Conn. - 10/25/84. Permit Motions: Approving Class C Liquor and Sunday Sales for Inc. Limited dba The Sanctuary Restaurant, 405 S. Gilbert. Approving Class C Liquor and Sunday Sales for Vaughn Catering Company dba Sycamore Eating and Drinking Company, Mall Shopping Center. Approving Class C Liquor License and Sunday Sales for Howard Johnson Company dba Ground Round Restaurant, 830 S. Riverside Drive. Approving Special Class C Beer -Wine License 8 Sunday Sales for Rocky Rococo, 118 S. Dubuque Street. Setting public hearings: To set public hearing for 12/4/84, to correct the legal description in Ordinance No. 83-3144, vacating a portion of alley right-of-way in Block 9, of County Seat Addition. To set public hearing 12/4/84, disposition of the vacated alley right-of-way in Block 9, County Seat Addition, To set public hearing 12/4/84, policy and level of service for snow and ice removal. To set public he 12/4/84, proposed program description and application for rental rehabilitation grant funds. Correspondence: Goodwill Industries regarding CDBG funds. Scott Barker, Chairman of the Board of Adjustment, regarding the special excep- tion for property at 5 Sturgis Corner Drive. Scott Barker regarding the work of the Board of Adjustment and City Staff. Application for Use of Streets and Public Grounds: Timothy Ganske to picket in front of the Emma Goldman Clinic on 11/17/84, approved. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried and repeated public hearings as set. Council Activities November 20, 1984 Page 2 Moved by Ambrisco, seconded by Zuber, to set a public hearing on 12/4/84, on a Planned Development Housing Plan forTy'n Cae, Part 4, The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. Moved by Zuber, seconded by Strait, to adopt RES. 84-301, Bk. 84, p. 1141, APPROVING THE FINAL PLAT OF DEER HILL SUBDIVISION. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, that the ordinance to vacate a portion of the AGrove be for ffirmat ve rollcall vote eunanimous, 6/0, Erdahlv absent. The eMayor declared the motion carried. Moved by Zuber, seconded by Strait, that the ordinance to rezone 6.3 acres South of Highway 1 West from I-1 to CI -1, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Mo naryplatbyforrathe secondedby bSu division tanddefer preliminaryindefinitely the LargeSclimi- aleNon-Residential Development (LSNRD) plan for the MHI auto center, located south of Highway I West and north of the Iowa City Airport. The Mayor declared the motion carried, 6/0, Erdahl absent. A public hearing was held on an ordinance amending Sections 15-48 and 15-62(A) of the City Code of Ordinances, relating to refuse collection. Public Works Director Schmadeke present for discussion. Councilmembers requested consideration of the ordinance be deferred to allow redrafting to prohibit containers in front yards and to require screening anywhere else if within 50 feet of the street. No one appeared. Moved by Zuber, seconded by Dickson, to defer to 12/4/84 the ordinance amending Sections 15-48 and 15-62(A) of the City Code of Ordinances, relating to refuse collection, to limit placement of refuse containers in front of buildings and to clarify that only combinations of four or fewer dwelling units will receive refuse pickup service. Baker requested that the language be added to clarify that the ordinance be applied retroactively. The Mayor declared the motion to defer carried, 6/0, Erdahl absent. Merle SturgisCorner eand31the Bd. Benton, Adjustment toeared ohearingdiscuss nthe theispeci el cated at 5 exception request. Moved by Dickson, seconded by Ambrisco, to accept the correspon- dence/minutes presented by Mr. Trummel. The Mayor declared the motion carried, 6/0, Erdahl absent. Moved by Strait, seconded by Dickson, to defer until 12/4/84 consideration of the three appointments to the Resources Conservation Commission for three-year terms ending 1/l/88. The Mayor declared the motion carried unani- mously, 6/0, Erdahl absent. Moved by Dickson, seconded by Zuber, to appoint Robert Singerman, 1176 Hotz, to the Resources Conservation Commission for an unexpired term ending 1/1/86. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. Council Activities November 20, 1984 Page 3 Councilmembers wished Councilmember Strait a Happy 70th Birthday. Ambrisco questioned if the parking spaces on Capitol Street near. Younkers' could be designated Handicapped Parking. Staff will investigate. Ambrisco also inquired as to when the fine for illegal use of such spaces would be posted as $35 as previously decided by Council. Staff will report back. McDonald reminded the public of the upcoming public hearing by the Charter Review Commission sched- uled for November 26, at 7:30 in the Council Chambers. The Recommendation of the Urban Environment Ad Hoc Committee that the Urban Environment Policies be adopted as an amendment to the Iowa City Comprehensive Plan. The Mayor noted the matter had been discussed by Council at their informal session on 11/19 and had been referred to the Legal Department for investigation of Council authority and to the Planning and Zoning Commission for review. Moved by Ambrisco, seconded by Dickson., to adopt a resolution authorizing filing of a Community Development Block Grant Program Statement for 1985 in the amount of $736,000 under the Housing and Community Development Action of 1974, as amended, including all understandings and assurances contained therein and designating the City Manager as the authorized chief executive officer for the grant. The Mayor reported on discussion of the Committee on Community Needs (CCN) recommendations at the informal session 11/19, and noted that the Council had made some changes and requested CCN review the matter again at their meeting scheduled for the afternoon of 11/20. Mickey Lauria, CCN Chair, presented Council with a memo prepared after that meeting showing the committee recommendations on the reallocation of 1985 CDBG funds. Lauria outlined the memo and noted the following recommendations: MECCA - $100,000; Goodwill - $156,210; City Park Accessibility - $35,000; Creekside NIA Sidewalk Proj. - $23,200; and Longfellow Playground - $2,400; contingency - $33,831. Individual Councilmembers expressed their views re funding MECCA. Art Schut, MECCA Director, appeared for discussion. A majority of Council (McDonald, Baker, Strait, Zuber) were not in favor of funding MECCA the $100,000. Staffinember Moen present. After discussion, the Council agreed to fund MECCA $50,000 and allocate enough money to Goodwill to complete Phase II improvement proj. (parking lot). Moved by Zuber, seconded by Baker, to amend the resolution by making the following changes: MECCA - $50,000; Goodwill - $205,335; City Park Accessibility - $35,000; Longfellow Playground - $2,400; and contingency -$34,706; deletion of funding for two requests - Community Support Service Addition (Mid -Eastern Iowa Community Mental Health Center) and Iowa City Women's Transit Authority. McDonald noted all other requests will be approved as per the original CCN 1985,C11.1 Project Funding Re uests memo dated 10/23/84. The Mayor declared the motion a amen the reso u ion carried, 5/1, Dickson voting "no" and Erdahl absent. The Mayor announced that a roll call vote would now be taken on the motion on the floor to adopt RES. 84-302, Bk. 84, pp. 1142-1143, AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT FOR 1985 IN THE AMOUNT OF $736,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSUR- ANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT, as amended by Council this evening. The Mayor declared the amended resolution adopted, 5/1, with the following division of roll call vote: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker. Nays: Dickson. Absent: Erdahl. The Mayor thanked CCN for the time and effort involved in making their recommendations. Council Activities November 20, 1984 Page 4 Moved by Ambrisco, seconded by Baker, to adopt RES. 84-303, Bk. 84, p. 1144, GRANTING CABLEVISION ASSOCIATES VII DBA HERITAGE CABLEVISION, INC., A RATE INCREASE OF FORTY CENTS PER MONTH. Asst. City Mgr. Melling reported on recent legislation that no longer requires FCC approval to the increase in the franchise fee, and stated that this resolution approves the rate increase contingent upon the execution of a 5% franchise fee rather than the current 3%. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to adopt RES. 84-304, Bk. 84, pp. 1145-1161, AUTHORIZING THE EXECUTION OF THE FIFTH AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES FOR THE CITY -UNIVERSITY URBAN RENEWAL PROJECT I (IOWA R-14) BETWEEN THE CITY OF IOWA CITY AND ZUCHELLI'HUNTER 8 ASSOCIATES, INC., for technical services for the development of Urban Renewal Parcel 64-1a. Affirma- tive roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, that the ordinance to amend the boundaries of City Plaza, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Moved by Zuber, seconded by Ambrisco, to adjourn 9:15 P.M. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. JOHN MCDONALD, MAYOR ATTEST: MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES December 4, 1984 Iowa City Council, reg. mtg., 12/4/84, 7:30 P.M., at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait. Absent: Zuber. Staffinembers present: Berlin, Helling, Jansen, Karr, Franklin, Schmadeke, Holderness, Hencin. Council minutes tape recorded on Tape 84-C92, Side 1, 467 -End and Side 2, 1 -End. The Mayor announced the deletion of item 2(e)2, resolution accepting the work for the Shamrock/Arbor Creek Channel Improvements Project, from the Consent Calendar. 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., 11/20/84, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Parks & Recreation Comm. -11/14/84; Riverfront Comm. -11/7/84; Charter Review Comm. -10/29/84 (amended minutes) & 11/12/84; Bd. of Library Trustees -11/15/84; Airport Cortin. -11/8/84; Mayor's Youth Employment Bd.-11/7/84; Planning & Zoning Comm. -11/15/84. Permit Motions and Recommendations: Approving Class C Liquor License for First Avenue Lounge of Iowa City, Inc. dba The Annex, 819 First Avenue. Approving Class C Liquor License for Russell W. Poggenpohl dba Poggie's Tap, 928 Maiden Lane. Approving Class C Liquor License & Sunday Sales for Yen Ching Restaurant, Inc. dba Yen Ching Restaurant, 1803 Boyrum Street. Approving Class C Beer Permit for Inn Ho Shinn dba East-West Oriental Foods, 615 Iowa Avenue. Approving Class C Liquor License for James W. Burr dba Coaches Corner, 1220 Highway 6 West. RES. 84-305, Bk. 84, p. 1162, ISSUING CIGARETTE PERMITS. Motions: Approving disbursements in the amount of $2,580,322.49 for the period of October 1 thru October 31, 1984, as recommended by the Finance Director, subject to audit. Authorizing the City Engineer to sign an application for use of highway right-of-way for utilities accommodation by Plum Grove Acres, Inc. along highway N1, north of I-80. Resolutions: RES. 84-306, Bk. 84, p. 1163, ACCEPTING WORK FOR THE REINFORCED CONCRETE BOX CULVERT AT FIRST AVENUE AND NORTHEAST BRANCH OF RALSTON CREEK PROJECT. RES. 84-307, Bk. 84, p. 1164, ADOPTING SUPPLE- MENT 22 TO THE CODE OF ORDINANCES. Setting public hearings: To set a public hearing for 12/18/84 on an ordinance to establish partial property tax exemptions for industrial property. To set a public hearing for 1/15/85 on applications for thirty-nine (39) units Section 8 Existing Housing. Correspondence: Chamber of Commerce endorsing property tax abatement. First Capitol Development, Inc., endorsing property tax abatement. Jeffrey A. Smith regarding proposed development near Melrose Lake. Petition from 21 residents objecting to development near Melrose Lake. Petition from 16 residents requesting the Council to downzone the Melrose Lake area from its current multi -family status. Millard Council Activities December 4, 1984 Page 2 Warehouse attorney regarding industrial property tax exemption. Agenda Item 2f(1) sets a public hearing on an ordinance establishing a policy for the abatement of property taxes over a five-year period. Management and owners of Connections, The Airliner, The Fieldhouse, Vito's, Givanni's and Micky's, requesting an opportunity to appear before the Council to discuss alcohol abuse, referred to City Mgr. for reply. J. Merle Trummel regarding the Board of Adjustment's decision to reduce the front yard requirements for the lot on the corner of Sturgis Drive and South Riverside, referred to City Atty. for reply. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried as amended and repeated the public hearings as set. A public hearing was held on an ordinance for an amendment to the Planned Development Housing Plan for Ty'n Cae, Part 3. No one appeared. Moved by Ambrisco, seconded by Dickson, that the ordinance to vacate a portion of the Grove Street right-of-way, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried. Moved by Baker, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ORD. 84-3214, Bk. 24, pp. 265-266, TO REZONE 1220 AND 1228 THIRD AVENUE FROM RS -5 TO RS -8, 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 Baker, seconded by Strait, 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 Baker, seconded by Ambrisco, 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 sus- pended, that the second consideration and vote be waived and that ORD. 84-3215, Bk. 24, pp. 267-269, TO REZONE 6.3 ACRES SOUTH OF HIGHWAY 1 WEST FROM I-1 TO CI -1 (Mary Hartwig Inc.) 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 Baker, seconded by Strait, 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 Ambrisco, seconded by Baker, to adopt RES. 84-308, Bk. 84, pp. 1165-1166, APPROVING THE PRELIMINARY PLAT FOR THE RUPPERT SUBDIVISION AND A PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLA14 FOR THE MHI (MARV HARTWIG, INC.) AUTO CENTER, LOCATED SOUTH OF HIGHWAY 1 WEST AND NORTH OF THE IOWA CITY AIRPORT. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Strait, to defer indefinitely considera- tion of a resolution to establish procedures for the disposition of minor parcels of land. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried. Council Activities December 4, 1984 Page 3 Moved by Ambrisco, seconded by Dickson, to defer consideration of a resolution to dispose of a portion of an alley in Block 15, County Seat Addition to Richard W. Johnson. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Baker, to adopt RES. 84-309, Bk. 84, p. 1167, TO REFER THE IOWA CITY ZONING ORDINANCE TO THE PLANNING AND ZONING COMMISSION. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on a policy and level of service for snow and ice removal. The City Manager outlined recent legislation re City liability provisions and explained the need for a written policy/procedure on the matter. Individual Councilmembers discussed the City's current procedure re sanding/salting of streets. No one appeared. Moved by Strait, seconded by Ambrisco, to adopt RES. 84-310, Bk. 84, pp. 1168-1178, ADOPTING POLICY AND LEVEL OF SERVICE STATEMENT FOR SNOW AND ICE REMOVAL. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on an ordinance to correct the legal descrip- tion in Ordinance No. 83-3144, vacating a portion of alley right-of-way in Block 9 of County Seat Addition (behind 522 S. Dubuque Street). No one appeared. A public hearing was held on the disposition of the vacated alley right-of-way in Block 9, County Seat Addition. No one appeared. A public hearing was held to receive citizen comments on a proposed program Description and Application for 1985 Rental Rehabilitation Grant Funds. No one appeared. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 84-311, Bk. 84, pp. 1179-1189, AUTHORIZING THE FILING OF A PROGRAM DESCRIPTION FOR 1985 RENTAL REHABILITATION GRANT FUNDS IN THE AMOUNT OF $70,000 UNDER SECTION 17 OF THE UNITED STATES HOUSING ACT OF 1937, INCLUDING ALL UNDERSTANDINGS AND CERTIFICATIONS CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on Resolution of Necessity for the Taft Speedway Sanitary Sewer Extension Assessment Project. David Jenkins, Pastor of the Evangelical Free Church, urged Council to act favorably on this assessment project. Moved by Ambrisco, seconded by Dickson, to adopt RES. 84-312, Bk. 84, pp. 1190-1204, ADOPTING PETITION AND WAIVER FOR THE TAFT SPEEDWAY SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 84-313, Bk. 84, pp. 1205-1209, RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY ASSESSMENT PROJECT 1985. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. Council Activities December 4, 1984 Page 4 A public hearing was held on Plans, Specifications, Form of Contract and Estimated Cost for Taft Speedway Sanitary Sewer Extension Assessment Project. Public Works Director Schmadeke appeared to answer questions re the location of the sanitary sewer and the loss of trees relating to the project. No one appeared. Moved by Ambrisco, seconded by Dickson, to adopt RES. 84-314, Bk. 84, pp. 1210-1212, ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR TAFT SPEEDWAY SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Affirma- tive roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the resolution adopted. The Mayor announced the following vacancy: Airport Comm. - one vacancy for a six-year term ending 3/1/91. This appointment will be made at the 1/15/85, meeting of the City Council. Moved by Ambrisco, seconded by Strait, to make the following appoint- ments: Resources Conservation Comm. - three-year term ending 1/1/88 - Phil Nychay, 818 S. Summit Street; Housing Comm. - for an unexpired term ending 5/1/86 - Gary Watts, 6 Melrose Circle; City Attorney Review and Selection Advisory Comm. - Member of the Bar Association (2) - Jean Bartley, 505 Whiting Avenue and Marion Neely, 1127 Wylde Green Rd.; Faculty member from the College of Law or an attorney otherwise associated with the University of Iowa (2) - Nancy Hauserman, 730 North Linn and Michael D. Green, 309 N. 7th Avenue; Former City Attorney (1) - John Hayek, 531 Kimball Rd.; Citizens preferably with prior service with the City either as City Council members or board/commission members (2) - Mary C. Neuhauser, 914 Highwood Street and John K. Seward, 1704 Ridgeway Drive. The Mayor declared the motion carried unanimously, 6/0, Zuber absent. Councilmember Dickson reported on the National League of Cities meeting she and the Mayor attended in Indianapolis. Dickson requested a proclamation be sent from the City congratulating "Women in Municipal Government" on their tenth anniversary. Councilmembers Dickson and McDonald also reported on seminars regarding federal funds and grants. Individual Councilmembers expressed their views regarding approaching area legislators to encourage a change to allow home rule cities to raise funds other ways. Councilmember Ambrisco requested that state legislators be convinced that Iowa should rank higher in the handing out of federal monies also. Councilmember Erdahl noted two vacancies on the Resources Conservation Commission and urged citizens to apply. Councilmember Baker questioned the status of the North Side Lighting Project Report. The City Manager will investigate. Baker also questioned whether there have been substantial problems or complaints regarding east- bound traffic at the intersection of Washington and Linn. Staff will investigate. Councilmember Strait registered concern regarding the memo on the proposed Cablevision increase. Council requested an update on the increase and other pertinent information be furnished to them. Recommendation of the Parks and Recreation Commission noted as follows: That the City Council provide directives to the Commission concerning the expansion of the Commission's role in regard to arts councils toward which the Commission is favorably disposed. This is in reference to the request for financial support from the Iowa City Community Theater which was referred to the Parks and Recreation Commission for recommendation. Council Activities December 4, 1984 Page 5 Moved by Erdahl, seconded by Ambrisco, that the ordinance amending Sections 15-48 and 15-62(A) of the City Code of Ordinances, relating to refuse collection, to limit placement of refuse containers and to clarify that only combinations of four or fewer dwelling units will receive refuse pickup service, be given first vote for passage, as amended. The City Manager noted the ordinance had been revised to clearly indicate Council wishes to restrict commercial solid waste containers in the area between the building and the street right-of-way. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried. d Moved by Baker, seconded by Ambrisco, that the ordinance amending Section 23-189 of the Municipal Code of Iowa City to change the speed limit on parts of Melrose Avenue, 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 Strait, that ORD. 84-3216, Bk. 24, pp. 270-272, AMENDING THE BOUNDARIES OF CITY PLAZA, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the ordinance adopted. Moved by Baker, seconded by Dickson, to adjourn 8:30 P.M. The Mayor declared the motion carried unanimously)HN 6/0, Zuber absent. MCDONALD, MAYOR I l"Inein..r� X. 2f�f MARrAN K. KARR, CITY CLERK Informal Council Discussion December 3, 1984 Informal Council Discussion: December 3, 1984, at 6:30 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Councilmembers Present: McDonald, Baker, Ambrisco, Strait, Erdahl, Dickson. Absent: u er. Staff Present: Berlin, Helling, Karr, Jansen, Franklin, Cain, Cassady, Coffin, Ertz. Tape Recorded: Reel 84-C91, Side 2, All; 84-C93, Side 1, All, Side 2, All; 84-C94, Side 1, 1-60. Planning and Zoning Reel 84-C91, Side 2 Ordinance for an amendment to the planned development housing plan for Ty'n Cae, Part 3. Ty'n Cae, Part 3, has been amended to change from townhouses to zero lot lines. This involves the acquisition of part of Mormon Trek right-of-way. The Council needs to dispose of the vacated right-of-way to the owners of Ty'n Cae. This also includes a resubdivision which will be Ty'n Cae, Part 4. A PAD is required because the frontage on the lots on Green Court are less than the 45 feet that is required in an RS -8 zone. Ordinance to vacate a portion of the Grove Street right-of-way. No discussion. Ordinance to rezone 1220 and 1228 Third Avenue from RS -5 to RS -8. The applicant has requested a waiver of the readings and final consideration. Ordinance to rezone 6.3 acres south of Hiahwav 1 West from I-1 to CI -1. The applicant (Mary Hartwig Inc.) has requested that the second reading be waived. ubdivision and a In response to an earlier question from Erdahl, Franklin said when IDOT acquires highway right-of-way in the name of a city, they do it with the consent of the city. The Iowa DOT regional district manager said there is no joint jurisdiction. Resolution to establish procedures for the disposition of minor parcels of land. This is to establish procedures for the disposition of minor parcels of land. Often the City would like to dispose of small parcels of right-of-way which are not worth the cost of an appraisal. The value of the land would be based T -4t on the price per square foot of the adjacent property as established by recent sales or by the assessed value, whichever is greater. Franklin explained this new system may create a situation where prices for the right-of-way will be higher than people are willing to pay for. Franklin suggested changing language in the resolution to state may" instead of "shall". Berlin suggested to the Council to proceed with the resolution as is and see what happens. In response to McDonald, Franklin said the 1965 resolution is still being followed. Baker said the City could lose money by using accept aappraisal. tseaesuggested d -bids. Jansen said tadding should reservuage e the bids. Jansen emphasized that the City cannot make a gift of public property. Strait recommended review of the resolution by the City Attorney. Councilmembers directed staff to research, alternatives for disposition of small parcels. Jansen agreed to work with City staff. an Council will defer action on this resolution until the previous item is resolved. Resolution to refer the Iowa City Zoning Ordinance to the Planning and Zoning Commission. Franklin said the Planning and Zoning Commission may review anything in the present Zoning Ordinance. Jansen said the court is proposing that dairy products processing and packaging become a permitted use in the CH -1 zone. McDonald inquired about the ability to build buildings in back yards. Franklin said that is explained the following eitems nare e on �thepend ng lisand t: pe1)�ZoningtOrdinance,� 2) Urban Environment Ad Hoc policy recommendations, and 3) yard questions. Riverfront Commission recommendations Reel 84-C91, Side 2 City Council discussed recommendations from the Riverfront Comnission regarding the Iowa River within the city limits and the control of its use by the state. Chairperson Diana Lewis explained that a previous request for a water show had been denied by the City Council but that decision was over ridden ythe n Attorney that anoption os Cto petition thenStateaConservationnCommissionto th�toy adopt Also, the crulesecial eCouncilcan aapply investigateat would o he river area within ysofgaining 1 Iowa i overthe river. Lewis explained that the Iowa Conservation Commission may not be aware of special circumstances existing within the Iowa City boundaries - the two dams, high concentration of passive uses, and special permits imply kinds Of activity of permissible. Strait suggested the Legislative Committee be involved. Cain said that the Council could ask the Iowa Conservation Commission to establish guidelines for the review of permits that are processed by their office. McDonald raised concerns about enforcement responsibilities. Jansen said it may be preferable to have the State Conservation Commission adopt rules because of the jurisdiction and liability problems. Berlin stated that state officials seemed receptive to establish- ing special rules for the area. Council agreed with the recommendation to petition the State Conservation Commission to adopt special rules. Strait inquired about the donation of a 50 foot wide strip of land to the City. Cain explained that it has been reviewed by Parks and Recreation and the Riverfront Commission but the developer has not formally offered the property. The Riverfront Commission will recommend acceptance of the property if it is offered. SPI program slide presentation Reel 84-C93, Side 1 The City Council watched the SPI program -slide -presentation'- Strait -inquired -- about the SPI program's involvement with Special Olympics. Coffin explained that many of the SPI program people participate in Special Olympics. Cassady said the SPI program slide presentation will be shown to various groups in the community. Tax abatement incentives Reel 84-C93, Side 1 McDonald stated that the Council should adopt the tax abatement policy even though local municipalities don't have full control over what industries can use the policy. Ray Muston said the tax abatement incentive policy will strengthen Iowa City's position in terms of future economic development. The policy will serve as an incentive to industry, not as a means in selecting or regulating industry. Council still has options in the process by reviewing all proposals to ensure they meet local zoning ordinance requirements. Muston noted that the Council will not be able to discriminate against industries that have met the state guidelines and local ordinances. Muston reviewed the process whereby industries select communities for the location of their plants and said that it is important that there is a positive attitude within the community for industrial expansion. Muston said that State legislation needs to be expanded to include business services/office research applica- tions. Baker inquired if cities will eventually get more control of the tax abatement program. Muston said legislators should be contacted regarding the control issue. Erdahl noted that tax abatement and economic development were discussed in the Council goal setting meeting. Councilmembers favored the tax abatement incentive program but emphasized the need to address an overall policy for economic development. Dickson suggested that the City Council review the current Zoning Ordinance to become familiar with what industry is allowed. Franklin said she will prepare information about zoning for Council's review. Muston offered to meet with Councilmembers to discuss economic development strategies. Erdahl raised concerns about not hearing both sides of the tax abatement incentive issue. McDonald stated that the tax abatement program can be repealed at any time. In response to Strait, Erdahl said Iowa City has a fairly restrictive sewer ordinance which would regulate industrial discharge. Baker asked why Millard located in Iowa City. Muston explained Millard settled in Iowa City because of its strategic location to their markets and the quality of the community. Berlin said staff will research and provide Council with more information about tax abatement. Council Time Reel 84-C93, Side 2 1. McDonald stated he will attend Wednesday's Southeast League of Municipal- ities meeting. Councilmembers are welcome to go to the meeting with McDonald. 2. Strait commented on McDonald's letter to the Charter Review Commission. Ambrisco said the Charter Review Commission chairperson has asked for individual input from the Council concerning the charter. 3. Strait inquired about the Civic Center expansion plans on other sites. Berlin explained alternative sites were limited and costs were such that it was not a viable alternative. The City is working to finding a solution to the parking's proximity to the church. 4. Strait appreciated the memo from the City Manager regarding Mayflower parking. 5. Dickson noted the correspondence from Jeff Smith, re animals caught in the Melrose Lake area. Berlin will investigate what happens to the wild animals. Also, Dickson asked when Planning and Zoning will respond to the people regarding Melrose Lake. Staff will report. 6. Dickson inquired when the City Attorney will respond to the letter from Merle Trummel re the building at Sturgis Corner. Jansen said the Board of Adjustment is completely independent and the Council did not have authority to require the Board of Adjustment to explain their decision to the Council. Council noted confusion in the letter about the City Attorney's acting as an advocate for the citizens of the City - that is a misconception. Berlin said the letter from Scott Barker suggested it may be desirable to look at alternative ways to handle special exceptions for - lot lines. Berlin said Planning and Program Dept. staff should review this and will respond to Mr. Trumnel. 7. In response to Baker, Berlin said the City has had discussions with the Law School Foundation about Ryerson woods. They have requested the City comply with county requirements. The City will discuss prices with the Foundation. Also, Berlin explained that the highway department owns land adjacent to Ryerson woods. The City will be able to buy the state property adjacent to the woods. 8. Karr noted that agenda item R2(e)2, resolution accepting work for Shamrock/Arbor, should be deleted from the Consent Calendar. 9. Karr stated Councilmembers should pick up supplements 21 and 22 for their code books or drop their code books off to the City Clerk for updating. 10. Karr'stated an informal Council meeting with the Board of Supervisors is scheduled for December 19 at the Public Library. Dinner will be held at Broadway Cafe. Melling stated that Councilmembers should contact him regarding topics for discussion. McDonald said the joint facility should be a discussion topic. Berlin noted that the human services hearing on December 13 is scheduled simultaneously with the dinner with the boards and commission members. Mintle will reschedule the human services meeting starting time. Councilmembers Strait, Dickson and McDonald will serve as Council representatives at that meeting. 11. Karr noted a correction to agenda item 21, the refuse ordinance, as distributed. Z -.-A3 12. Helling said local bar owners have requested to discuss control of alcohol abuse with the City Council. Council requested local bar owners attend formal Council meeting for discussion. Appointments Resources Conservation Commission: Phil Nychay, Housing Commission: Gary Watts. City Attorney Review and Selection Committee: Member of the Bar Association (2) - Jean Bartley and Marion Neely; Faculty member from the College of Law or an attorney otherwise associated with the University of Iowa (2) - Nancy Hauserman and Michael D. Green; Former City Attorney (1) - John Hayek; Citizens preferably with prior service with the City either as City Council members or board/commission members (2) - Mary C. Neuhauser and John K. Seward. Executive Session Moved by Ambrisco, seconded by Dickson, to adjourn to executive session under Section 28A.5 b to discuss strategy with Council on matters that are pres- ently 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 evaluation, and 28A.5f, to evaluate the profes- sional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irrepa- rable injury to that individual's reputation and that individual's request for a closed session. Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried and adjourned to Executive Session, 9:05 p.m. Meeting adjourned 10:00 p.m. j_�-13