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HomeMy WebLinkAbout1989-04-04 Minutes numberedCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES April 4, 1989 Iowa City Council, reg. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: Ambrisco. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmelser, Lundell, Penney, Seydel, Davidson. Council minutes tape recorded on Tape 89-19, Side 2, 694 -END and 89- 21, Side 1, 1-477. The Mayor proclaimed April, 1989 as CHILD ABUSE PREVENTION MONTH; April 9-15,4Z75- 1989 -15, Z7.s1989 as BUILDING SAFETY WEEK; April 9-15, 1989 as VICTIM RIGHTS WEEK; April 16, 1989-44 76 as SPRING CLEAN-UP DAY '89. Anne Tuttle, Chairperson of Celebrate Iowa City Task Force, briefed Council on`/V upcoming events associated with Iowa City's Sesquicentennial May 4-6, '89, and thanked Council and staff for their support of the event. Moved by Balmer, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Actions of the regular meeting of 3/21/89, as published, subject to correction, as recommended by the City Clerk. 479 Minutes of Boards and Commissions: Airport Comm. -2121/89; P&R Comm: 'JAa 3/8/89; Housing COMM. -3/14/89; Human Rights Comm. -2/27/89; P&Z Comm. -3/16/89. 4t,?l z Permit Motions and Resolutions: Approving a Class C Liquor License for K —y-gy- Hawk Co., Inc, dba The Kitty Hawk, 1012 Gilbert Ct. Approving a Class C Beer Permit APs for Stephen P. Lenoch dba Leo's Standard Service, 130 N. Dubuque. Approving a Class E Beer Permit for Claret & Friends, Inc, dba Claret & Friends, 212 E. Market St. -Voll Approving a Class C Liquor License for Season's Best, Inc. dba Season's Best, 325 E. 487 Washington Street. Motions: Approving disbursements in the amount of $4,312,194.65 for the period 499 of 2/1 thru 2/21/89, as recommended by the Finance Director, subject to audit. Setting Public Hearings: To set a public hearing for 4/18/89 to adopt the 1989 !iL edition of the Uniform Building Code as amended. Said Code to be known as the Iowa City Building Code; To set a public hearing for 4/18/69 to adopt the 1989 edition of the 90 Uniform Mechanical Code as amended. Said Code to be known as the Iowa City Mechanical Code; To set a public hearing for 4/18/89 to adopt the 1989 edition of the `F9� Uniform Fire Code as amended. Said Code to be known as the Iowa City Fire Code; To set a public hearing for 4/18/89 to adopt the 1989 edition of the Uniform Code for vf9a the Abatement of Dangerous Buildings, known as the Iowa City Dangerous Building Code. Resolutions: RES. 89-62, Bk. 100, p. 62, ACCEPTING THE WORK FOR #9.3 SANITARY SEWER, STORM SEWER, AND PAVING IMPROVEMENTS FOR CERTAIN LOTS IN TY'N CAE SUBDIVISION, PART 3. RES. 89.63, Bk. 100, p. 63, ACCEPTING k91f THE WORK FOR PAVING IMPROVEMENTS FOR TY N CAE SUBDIVISION, PART 4. RES. 89.64, Bk. 100, p. 64, ACCEPTING THE WORK FOR THE SANITARY SEWER AND 149.5 STORM SEWER IMPROVEMENTS FOR SAMUEL DRIVE ADDITION, Council Activities April 4, 1989 Page 2 Applications for the Use of Streets and Public Grounds: Phi Delta Phi Legal 5r96 Fraternity and the University of Iowa College of Law to hold the Race Judicata on 4/8/89, approved. Reproductive Rights Coalition to picket in front of the Savings and rf 9 7 Loan Building on College Street on 3/29, 4/5, 12, 19, and 26/89, approved. University Y9 D of Iowa Department of Military Services to hold a "Cycleteering" event on 4/15/89, approved. Applications for the Use of City Plaza: Latin American Human Rights Advocacy � 99 Center to have a literature table and accept donations on 3/27 thru 4/2/89, approved. Horowitz commented on items 41(3); accepting the sanitary sewer and storm sewers°o improvements for Samuel Drive Addition, by stating concerns for the environment within the City. She requested staff investigate possible tax abatement for owners of property considered environmentally fragile. The City Manager will follow up. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Balmer, seconded by Kubby, to set a public hearing for 4/18/89 on an ordinance to rezone a 19,800 square foot parcel on the west side of Broadway Street from RM- So/ 12 to P/RM-12. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Balmer, seconded by Courtney, to set a public hearing for 4/18/89 on an amendment to the Zoning Ordinance to permit neighborhood centers in medium to high -density -,E0 z residential zones. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Courtney, seconded by Horowitz, that the ordinance to rezone a 5.841 acre parcel located south of Plaen View Drive and east of Mormon Trek Boulevard from PDH -8 to 50-3 RS -8, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Horowitz, that the ordinance to rezone a 6,759 acre parcel located at the northeast quadrant of the Benton Street and Mormon Trek Boulevard-z�o Intersection from RS -5 to PDH -5, all of the planned development housing (PDH) plan for Wiilowbrooke Pointe Condominiums, Iowa City, Iowa, be given first vote for passage. Individual Councilmembers expressed their views on the proposal. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Horowitz, Larson, McDonald, Balmer, Courtney. Nays: Kubby. Absent: Ambrisco. Moved by Kubby, seconded by Horowitz, to accept correspondence from D.E. Barnard, 714 Brown, to reject the request, and from the applicant, Bill Happel, as follows: petition signed by nine residents of Spencer Drive supporting the 32 lot Condo Subdivision, no signatures supported the 60 plus lot single family development; petition from five residents of Slagle Circle and 2 residents of Leonard Circle supporting the 32 lot Condo Subdivision, no signatures supported the 60 plus lot single family development; pictures of the proposed buildings. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Balmer, seconded by Horowitz, to adopt RES. 89.65, Bk. 100, p. 65, EXTENDING THE EXPIRATION DATE FOR THE APPROVED PRELIMINARY LARGE SCALE NON -5a 5 Council Activities April 4, 1989 Page 3 RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR PHASES VIII THROUGH LX OF MILLARD WAREHOUSE FOR A PERIOD OF 12 MONTHS. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Balmer, to continue to 4/18/89, the public hearing on SoG an ordinance amending Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Section 15-66 thereof, and enacting in lieu thereof a new Code Section to be Codified the same, providing for the establishment of a Delinquency Deposit for combined water and/or sewer and/or solid waste collection accounts; and the public hearing on an So 7 ordinance amending Chapter 32.1, entitled' Taxation and Revenues' of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 32.1-55 and 32.1-73 therein to, respectively, revise water service charges and fees, increase fee for temporary water use during construction and establish a delinquency deposit, combined, for city water and/or sewer and/or solid waste collection accounts; and the public hearing on an ordinance amending Chapter 33.50 P of the Code of Ordinances of the City of Iowa City, Iowa, (1) by repealing Sections 33-149, 33- 164, 33.165, and 33.169 thereof, and enacting in lieu thereof new sections to be codified the same, providing for (A) revisions in procedures for the Installation of primary and second water meters, and (B) revisions to fees for second water meters, for water use during construction, and for direct water purchase; (2) by enacting three new sections to be codified as sections 33-48, 33-156 and 33.167, providing for (A) the establishment of a delinquency deposit for combined water and/or sewer and/or solid waste collection accounts, (B) changes in the procedures for removal of water meters, and (C) setting forth the fees and billing procedure upon change In tenant account in a separate code section; and (3) by deleting subsections (d) and (e) from section 33-154 due to the inclusion of those provisions in other sections. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Balmer, seconded by Horowitz, to defer to 4/18/89 consideration of an S a 9 ordinance amending Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Section 15.66 thereof, and enacting in lieu thereof a new Code Section to be codified the same, providing for the establishment of a delinquency deposit for combined water and/or sewer and/or solid waste collection accounts; and consideration of an ordinance amending -4E/0 Chapter 32.1, entitled 'Taxation and Revenues' of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 32.1.55 and 32.1-73 therein to, respectively, revise water service charges and fees, Increase fee for temporary water use during construction, and establish a delinquency deposit, combines, for city water and/or sewer and/or solid waste collection accounts; and consideration of an ordinance amending Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, (1) by repealing sections 33-149, 33.163, 33.164, 33- 165, and 33-169 thereof, and enacting In lieu thereof new sections to be codified the same, providing for (A) revisions in procedures for the installation of primary and second water meters, and (B) revisions to fees for second water meters, for water use during construction, and for direct water purchase; (2) by enacting three new sections to be codified as sections 33-48, 33-156 and 33-167, providing for (A) the establishment of a delinquency deposit for combined water and/or sewer and/or solid waste collection accounts, (B) changes in the procedures for removal of water meters, and (C) setting forth the fees and billing procedure upon change In tenant account in a separate code section; and (3) by deleting subsections (d) and (e) from section 33-154 due to the inclusion of those provisions in other sections. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Council Activities April 4, 1989 Page 4 Councilmember Horowitz reported on her visit to the Iowa Fair Housing Awareness a i2 Project - mobile unit located in the downtown area April 4. Balmer stated he would be unable_:E/_3 to attend the joint Council and Planning & Zoning meeting scheduled 4/11, and requested information be supplied prior to the meeting to enable preliminary comments. Balmer noted the upcoming Sesquicentennial events and stated expedited action may be necessary on a carnival request. The City Manager will follow up. Larson reviewed Coundl discussion the previous evening regarding open burning and informed citizens that burning will be allowed but any complaints received by the Fire Department will be acted upon and the fire immediately put out. He encouraged people to check with their neighbors prior to burning or schedule burning at a time that neighbors may not be home. Kubby noted earlier Council discussion. -/S re the composition of the Housing Commission and stated that a review of composition back to 1983 shows 32% were realtors or had connections to the construction business. She encouraged attendance and participation at a Women Against Racism conference that week. Kubby also noted that April 4, 1968, Martin Luther King was assassinated. City Manager Atkins reported that IDOT had been contacted regarding the lowering of 5-/6 the speed limit at the Highway 1/Hudson Street intersection during construction of the Benton Street sewer and widening of the bridge. IDOT will report back. He also announced the preliminary approval from the State Department of Natural Resources thru the Environmental S/7 Protection Agency of $3.7 million in federal aid for the sewer project, more Information will follow. Horowitz stated that the East Central Iowa Council of Governments had also been. /9 successful in achieving a state grant to match our local monies for the solid waste management study. She estimated the monies to be around $38,000. The City Attorney requested time to discuss a revised resolution for item 23, awarding 29 contract for the Coralville/Iowa City Animal Shelter, later in the meeting. The Mayor announced the following vacancy: Mayor's Youth Employment Bd.one -:!!- vacancy for an unexpired term ending 4/15/92. This appointment will be made at the Council meeting of 5/16/89. Recommendation from the Housing Commission that the City of Iowa City not submit5: / an application for FY89 Public Housing Funds, noted. Staffinember Lyle Soydel explained that monies available were very small and that presently 62 units were within the City and staff had a difficult time maintaining those units. He noted that the Housing Commission supported his recommendation. Moved by Horowitz, seconded by Balmer, APPROVING THE OUTDOOR SERVICE AREA -sem AND THE WAIVER REQUEST OF SEASON'S BEST INC., DBA SEASON'S BEST, 329 East Washington Street, of 5.41(c) screening and 5-41(d) accessibility from licensed premises only. Kubby noted the amended diagram dropping the total number of tables to seven and questioned the number of applicants requesting waivers. The Mayor noted the number of regulations necessary to pursue an outdoor service area and that the number of establishments In such a position was limited. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Horowitz, seconded by Kubby, to adopt RES. 89.66, Bk. 100, p. 66, TO 5-23 CONVEY A PORTION OF A VACATED ALLEY IN BLOCK 46 IN EAST IOWA CiTY, AN ADDITION Council Activities April 4, 1989 Page 5 TO IOWA CiTY (Robert and Mary Ann Woodburn). Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adapted. Moved by Courtney, seconded by Horowitz, to adopt RES. 89-67, Bk. 100, p. 67, APPROVING A PLAN FOR PROJECTS AT THE DOMESTIC VIOLENCE INTERVENTION -S:?11 PROGRAM, EMERGENCY HOUSING PROJECT, AND YOUTH HOMES, INC. THAT ARE PROPOSED FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. Staffmember Marge Penney present for discussion. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to adopt RES. 89-68, Bk. 100, p. 68, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST L2 AN AMENDMENT TO THE ELEVENTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES (SEATS). Affirmative roll call vote unanimous, 6/0, Ambrisco Absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to adopt RES. 89.69, Bk. 100, p. 69, _ ADOPTING THE ANNUAL BUDGET FISCAL YEAR 1990, ENDING JUNE 30, 1990, FOR PUBLIC` -6 HOUSING PROJECTS 3, 4, 5. Council complimented staff in the housing department on the program. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES. 89-70, Bk. 100, p. 70, AUTHORIZING THE MAYOR TO SIGN AND THE CiTY CLERK TO ATTEST THE RELEASE OFA A LIEN REGARDING A PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 517 DEARBORN STREET. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. The Mayor stated the next item was consideration of a resolution awarding contract for the Coralville/Iowa City Animal Control Facility and the City Attorney wished to address Council on this matter. The City Attorney explained that the 28E contract between the City and Coralville provides that Iowa City accept the bid for construction of the facility and award bid if the low bid does not exceed engineer's estimate. If the estimate is exceeded the 28E contract requires Iowa City to obtain the approval of Coralville prior to the award. Therefore, a new resolution has been drafted that provides conditional award of the contract to Frantz Construction until Coralville formally accepts the bid. Moved by Larson, seconded by Horowitz, to adopt RES. 89-71, Bk. 100, p. 71, CONDITIONALLY AWARDING AND AUTHORIZING AND DIRECTING THE MAYOR AND CiTY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THE CONTRACT FOR CONSTRUCTION OF THE CORALVILLE/IOWA CITY ANIMAL CONTROLS 6' FACILITY FRANTZ CONSTRUCTION CO., INC., LOW BIDDER ($325,768,000). In response to Council, the City Manager stated the Coralville share was approx, 13%, and should another jurisdiction choose to participate they would be obligated to buy Into the capital costs as well as the operating costs. Council commended staff, the committee, and Coralville on the cooperative efforts throughout this project. Balmer stated that remarks made at the Informal session the previous evening regarding cost of the project should in no way reflect condemnation of the advisory committee, just a concern re cost. Larson noted the $55,000 savings from the initial bid for this project. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Council Activities April 4, 1989 Page 6 Moved by Horowdz, seconded by Courtney, to adjourn 8:50 P.M. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. JOHN MCDONALD, MAYOR MARIAN K. KARR, WY CLERK City of Iowa City MEMORANDUM DATE : March 23, 1989 TO: Memo for Record FROM: City Manager R E : Material Sent to Council Only Memoranda from the City Manager: a. Meeting Dates 5� 9 b. Police Chief Recruitment Update 53 a c. Water Quality 53 1 d. Tree Removal - Lucas and Walnut 53 2 Memorandum from Transit Manager regarding the transit telly. 533 Memorandum from the Planning and Zoning Commission regarding river walk funding application. 539 Memorandum from the Historic Preservation Commission regarding the Benton 535 Street Bridge. Copy of letter from David Brown regarding Federal Court of Appeals' decision in Grant case. 534 Memorandum from ICAD regarding upcoming course on economic development. 5.3 7 City of Iowa City MEMORANDUM DATE : March 31, 1989 TO: City Council FROM: City Manager RE : Material in Information Packet Memorandum from the City Manager re: Pending Development Issues Memoranda from the Fire Chief: a. Leaf and Garden Waste Burning b. 1988 Calendar Year -End Statistics Copy of a letter from Councilmember Kubby to Senator Harkin Copy of a news release re: U.S. Highway 6 and Keokuk St. intersection reconstruction. Informational material from the Iowa Civil Rights Commission re: Its Fair Housing Awareness Project. Flyer regarding the Iowa City Firefighters' Benefit Ball Letter from Keene Swett regarding prohibition of unsolicited distribution of advertisements. Memo from City Atty. re revised City/University Chapter 28E Agreement Regarding Utilities. Letter from Tom Hoogerwerf, Iowa -Illinois Gas & Electric Company, re proposed legislation preventing public utilities from providing services inside the home. Letter from LaVerne Forbes supporting City Forester on his decision to remove the tree at 903 S. Lucas Street. i City of Iowa City MEMORANDUM DATE : March 23, 1989 TO: Memo for Record FROM: City Manager R E : Material Sent to Council Only Memoranda from the City Manager: a. Meeting Dates b. Police Chief Recruitment Update C. Water Quality d. Tree Removal - Lucas and Walnut f Memorandum from Transit Manager regarding the transit telly. 3 Memorandum from the Planning and Zoning Commission regarding river walk funding application. Memorandum from the Historic Preservation Commission regarding the Benton Street Bridge. Copy of letter from David Brown regarding Federal Court of Appeals' decision in Grant case. - Memorandum from ICAD regarding upcoming course on economic development. City of Iowa City MEMORANDUM DATE : March 31, 1989 TO: City Council FROM: City Manager R E : Material in Information Packet Memorandum from the City Manager re: Pending Development Issues S✓ Memoranda from the Fire Chief: a. Leaf and Garden Waste Burning S3 b. 1988 Calendar Year -End Statistics S o Copy of a letter from Councilmember Kubby to Senator Harkin Copy of a news release re: U.S. Highway 6 and Keokuk St. intersection reconstruction. 5 L Informational material from the Iowa Civil Rights Commission re: Its Fair Housing Awareness Project. SY3 Flyer regarding the Iowa City Firefighters' Benefit Ball Letter from Keene Swett regarding prohibition of unsolicited distribution of advertisements. S'/S Memo from City Atty. re revised City/University Chapter 28E Agreement Regarding Utilities. S�fG Letter from Tom Hoogerwerf, Iowa -Illinois Gas & Electric Company, re proposed legislation preventing public utilities from providing services S5�% inside the home. Letter from La Verne Forbes supporting City Forester on his decision to 5 remove the tree at 903 S. Lucas Street.