HomeMy WebLinkAbout1989-07-11 Minutes NumberedCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
July 11, 1989
Iowa City Council, reg. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding.
Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald.
Absent: None. Stafimembers present: Atkins, Heliing, Timmins, Karr, Gannon, Moen, Donner,
Cain, Trueblood, Schmadeke. Council minutes tape recorded on Tape 89.44, Side 1, 1 -END
and Side 2, END -1.
The Mayor presented special recognition to the Knights of Columbus for the contribution
of $530 to purchase a McGruff, the Crime Dog suit, for use by the Police Department; Brian
and Diana Grassi, Kentucky Fried Chicken, for the contribution of $2,000 to the D-kR.E. //8/
program; Department of Parks and Recreation employees: Andy Christiansen, Janet Ellerbrock,
Trevor Nebel, and Melissa Summers for actions which contributed to saving a life; and to Police
Officers Daniel Dreckman and Charles Singleman for aiding a heart attack victim.
Moved by Balmer, seconded by Horowitz, 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 regular meeting of 6/27/89, as
published, subject to correction, as recommended by the City Clerk.
Minutes of Boards and Commissions: Human Rights Comm. - 5/22189; Historic//9-2
Preservation Comm. - 5/10/89, 6/14/89; Design Review Comm. - 6/22/89. //83
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Permit Motions and Resolutions: Approving a Class C Liquor License for KJ //85
Enterprises, Co. dba The Gas Co. Inn, 2300 Muscatine Ave. Approving a Class C / 26
Liquor License for New Waft's Ltd dba New Wafts Ltd., 928 Maiden Lane. Approving
a Class C Liquor License for Oldies, Inc. dba Golden Oldies, 1910 S. Gilbert Street. zz-?
RES. 89-174, Bk. 101, p. 174, ISSUING DANCING PERMITS. Approving a Class E Beer //B8
Permit for Drug Fair, Inc. dba Peoples Drug #5281, 121 E. Washington Street. //8
Setting Public Hearings: RES. 89.175, Bk. 101, p. 175, TO SET A PUBLIC
HEARING FOR 7/25/89, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING / o
IMPROVEMENTS PROJECT IR -8D-7(56)246-12-52. RES. 89.176, Bk. 101, p. 176, TCI//9/
SET A PUBLIC HEARING FOR 7/25/89, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR THE 1989 CAPITAL STREET PARKING
RAMP AND DUBUQUE STREET PARKING RAMP MAINTENANCE AND REPAIR
PROJECT.
Correspondence: Memo from the Traffic Engineer regarding: Parking prohibition // 9z
on Laura Drive; Parking prohibition on the north side of Sandusky Drive just east ofIL
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Keokuk Street.
Applications for Use of Streets and Public Grounds: Vicki Kennedy-McBreen for //9i
permission to close a portion of Crestview for a neighborhood picnic on 7/1/89,
approved. Sylvan Addink to have the Winning Edge 5K, 10K and 1 mile rUn/walk on //9.5
7/22/89, approved.
Council Activities
July 11, 1989
Page 2
Applications for City Plaza Use Permits: Jake Babcock, Spirit of T.KD.; for 11,14
permission to have a demonstration of the art of karate and kung fu on the City Plaza
on 7/15/89, denied. Latin American Human Rights Advocacy Center for permission to L19 7
set up a table on City Plaza from 7/3 to 7/9/89, from which to distribute literature and
offer crafts and buttons for donations, approved. Dob Gilpin for permission to set up
a table on City Plaza from which to solicit signatures to a petition on 7/6, 7, 8, 9, 11,
12 and 13/89, approved.
Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the
motion carried and repeated the public hearings as set.
Moved by Courtney, seconded by Horowitz, to set a public hearing for 7/25/89, on an
ordinance to amend Chapter 36, the Zoning Ordinance, to define used merchandise stores and ��99
permit them in the Commercial Intensive Zone. The Mayor declared the motion carded
unanimously, 7/0, all Councilmembers present.
A public hearing was held on an ordinance to vacate a portion of First Street extending /aoo
west of Gilbert Street (Aero Rental). No one appeared.
Moved by Larson, 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 first consideration and vote be waived and the
second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the motion carried. Moved by Larson,
seconded by Ambrisco, that the ordinance to vacate a portion of First Street extending west
of Gilbert Street (Aero Rental), be given second vote for passage. Affirmative roll call vote
unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried.
Moved by Ambrisco, seconded by Kubby, to defer an ordinance vacating a portion of
the east -west alley right-of-way located between Governor and Summit Streets, north of Bowery, /-74 17
Street and south of Burlington Street (Paul and Joan Victor). The Mayor declared the motion
carried unanimously, 7/0, all Councilmembers present.
Moved by Larson, seconded by Balmer, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it Is to be finally passed be suspended, the second consideration and vote be waived
and that ORD. 893423, Bk. 30, p. 24, VACATING A PUBLIC WALKWAY EASEMENT LOCATED -62-203
BETWEEN LOTS 26, 27, 46 AND 47 OF PEPPERWOOD ADDITION, PART TWO, be voted on
for passage at this time. Councilmember Horowitz stated she would be voting against
expedited action and the ordinance Itself because she personally believes this decision sets
a precedent and does not agree with terms of a block of this size. The Mayor declared the
motion carried, 6/1, with the following division of roll call vote: Ayes: Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays: Horowitz. Moved by Larson, seconded by
Balmer, that the ordinance be finally adopted at this time. The Mayor declared the motion
carried, 6/1, with the following division of roll call vote: Ayes: Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney. Nays: Horowitz
Council Activities
Jury 11, 1969
Page 3
Moved by Balmer, seconded by Horowitz, to adopt ORD. 89-3424, Bk. 30, P. 25,
AMENDING CHAPTER 36, ZONING ORDINANCE, OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 36-4 AND 36-56 THEREIN TO
ELIMINATE CERTAIN CHILD CARE PROVIDERS FROM THE ZONING ORDINANCE REGULA-2°704/
TIONS FOR CHILD CARE FACILITIES AND TO EXTEND THE HOURS OF HOUSE CALLS FOR
HOME OCCUPATIONS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the ordinance adopted.
Moved by Larson, seconded by Ambrisco, to defer the resolution exempting child care Za05
providers from the application fee for a special exception. The Mayor noted the item would
be scheduled for more discussion at an upcoming informal session. The Mayor declared the
motion carried unanimously, 7/0, all Councilmembers present.
Moved by Ambrisco, seconded by Balmer, to adopt ORD. 89-3425, Bk. 30, P. 26,
APPROVING OBERLIN ESTATES, A PRELIMINARY AND FINAL PLANNED DEVELOPMENTZ!aL
HOUSING (PDH) PLAN, AND TO REZONE LOTS 100 AND 106 OF COURT HILL -SCOTT
BOULEVARD ADDITION FROM RM -20 AND AS S. RESPECTIVELY, TO PDH -S, be passed and
adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor
declared the ordinance adopted.
Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-177, Bk. 101, p. 177,
APPROVING THE VACATION AND RELEASE OF A 5 -FOOT UTILITY EASEMENT ACROSS THE
NORTH LOT LINE OF LOT 100, COURT HILL -SCOTT BOULEVARD ADDITION, PART, VI,/.20 7
LOCATED WiTHIN IOWA CITY, JOHNSON COUNTY, IOWA, AND ACCEPTING A 10 -FOOT
REPLACEMENT UTILITY EASEMENT IN LIEU THEREOF, AS PART OF OBERLIN ESTATES
PLANNED HOUSING DEVELOPMENT. Affirmative roll call vote unanimous, 7/0, all Council -
members present. The Mayor declared the resolution adopted.
Moved by Courtney, seconded by Ambrisco, to adopt RES. 89.178, Bk. 101, p. 178,
AUTHORIZING SALE AND CONVEYANCE OF EXCESS CiTY PROPERTY, TO -WIT, A PORTION
OF VACATED LAFAYETTE ST(:EET AND LINN STREET RIGHTS-OF-WAY GENERALLY LYING/aa�
EAST OF RALSTON CREEK IN IOWA CITY, IOWA, SUBJECT TO RETAINING CERTAIN UTILITY
AND CONSERVATION EASEMENTS (Gary and Ralph Freeman). Affirmative roll call vote
unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted.
Moved by Balmer, seconded by Horowitz, to adopt RES. 89.179, Bk. 101, p. 179,
ADOPTING THE 1989 COMPREHENSIVE PLAN UPDATE. Balmer commended staff and the -19
Planning and Zoning Commission for their efforts on the update. Kubby noted a problem of
housing In the community, especially the need for low Income housing and said she was glad
to see environmental policies addressed. Aifirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the resolution adopted.
The Mayor announced the following vacancies: Senior Center Comm. - one vacancy L?—/
for an unexpired term ending 12131/89, plus a three-year term ending 12/31/92; CCN Comm. -1-2//
one vacancy for an unexpired term ending 3/1/90. These appointments will be made at the
8/22/89 meeting of the City Council.
Council Activities
July i1, 1989
Page 4
Moved by Horowitz, seconded by Kubby, to appoint Cathy Johnson, 242 Faison
Avenue, to the Bd. of Adjustment for an unexpired term ending 1/1/90. The Mayor daclared La/. -Z
the motion carried unanimously, 7/0, all Councilmembers present.
Councilmember Kubby noted the contract for tire recycling voted on by Council at their/a/3
6/27 meeting and registered concerns about the kind of emissions entering the air when they
are burnt. She stated the City was not really recycling them but helping an Incineration
process. The City Manager commented that Rosebar (Tire Shredding Center) Intends to shred
the tires and sell them for Incinerating for fuel purposes. McDonald noted that certain
standards have to be met regarding incineration and Iowa City did not have authority in that
area. Kubby noted her participation In an Arts Fair in Madison, Wisconsin, and a lot of people /a/$4
recognized Iowa City as an arts city. She also noted that Jim Oakes had won an award at that
Fair. Horowitz thanked staff for the sign reminding people to stop on Boyrum and Highway/d/S
6 By -Pass near the frontage road. She also registered concern regarding the Housing and
Urban Development (HUD) scandals and the possible Impact on the Iowa City programs. The
City Manager stated the Iowa City programs have a history of quality management and
administer approximately $2 million of HUD monies. Horowitz reported on the solid waste /a/6
management forum held at the Public Library, 7/5, and broadcast on cable channel 26. She
noted the program would be re -broadcast on 7/12 and 7/17, encouraged citizens to watch, and
acknowledged everyone who had helped with the program. Courtney noted the letter sent to/a/7
Benton Street residents concerning the sewer project and commended the residents, Cita Engr.
Rick Fosse, and Asst. Project Mgr. Mindy Greer for their cooperation in the project Larson
stated he was Impressed with the letters sent to area residents on the project. .
Moved by Larson, seconded by Kubby, to accept the recommendation of the Design
Review Committee that the Peace Pole proposed by the Iowa City Ecumenical Peace / /J0
Committee be located In the planting bed west of the stage in the Mini -Park area as a
temporary measure, with the understanding that the Peace Committee will be responsible for
maintenance of the pole and will work toward securing funding to design and Install a Peace
Pole that would be more permanent and durable. The Mayor declared the motion carded
unanimously, 7/0, all Councilmembers present.
Moved by Larson, seconded by Courtney, to accept the recommendation of the Design
Review Comm. that the bylaws proposed by the Committee be approved. Kubby raised a
question re the Indefinite terms of the Committee membors. Staffinember Patt Cain stated that
the resolution establishing the Committee set forth the Indefinite terms of the members and the
bylaws were drafted to conform with the existing resolutions. Balmer noted that the geographic
area and the future of the Committee need to be addressed. The Mayor declared the motion
carried unanimously, 7/0, all Councilmembers present.
Moved by Larson, seconded by Ambrisco, to adopt RES. 89-180, Bk. 101, p. 180,
RATIFYING AND CONFIRMING THE PURCHASE OFFER MADE BY THE CITY MANAGER FOR
THE ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY/a-ZO
CONSTRUCTION EASEMENT ON PARCEL SIRC 1.25, ALL IN CONNECTION WiTH THE
SOUTHEAST INTERCEPTOR RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION
PROJECT. Affirmative roil call vote unanimous, 7/0, all Counciimembers present. The May
declared the resolution adopted.
Council Activities
July 11, 1989
Pace 5
Moved by Balmer, seconded by Kubby, to adopt RES. 89-181, Bk. 101, p. 181,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, AN AGREEMENT WiTH ALTER TRADING CORPORATION OF DAVENPORT aa/
IOWA FOR THE PROVISION OF SCRAP METALS RECYCLING SERVICES AT THE IOWA CITY
LANDFILL Public Works Director Charles Schmadeke present for discussion. Affirmative roll
call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution
adopted.
Moved by Courtney, seconded by Horowitz, to adopt RES. 89-182, Bk. 101, p. 182,
AWARDING, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST, RESPECTIVELY, A CONTRACTWITH MCCOMAS-LACINA CONSTRUC-
TION COMPANY, INC. IN THE AMOUNT OF $949,093.00 FOR THE CIVIC CENTER POLICEi2:3
AND FIRE DEPARTMENTS REMODELING AND EXPANSION PROJECT. Balmer noted that this
item was discussed extensively at Council informal session and noted his concern because of
the City receiving only one bid. He stated he would be voting favorably for the project
because of possible delays by rebidding. Larson stated his Intention to vote against the
i resolution, not because the renovation was not needed, but because he strongly opposed the
process that results in a single bid. McDonald commented that a prebid conference was held
and that the project was badly needed. The Mayor declared the resolution adopted, 5/2, with
the following division of roll call vote: Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz.
Nays: Kubby, Larson.
Moved by Balmer, seconded by Larson, to adopt RES. 89.183, Bk. 101, p. 183,
AUTHORIZING THE MAYOR TO SIGN AND THE -CITY CLERK TO ATTEST THREE SEPARATE
SANITARY SEWER EASEMENT AGREEMENTS WITH JOYCE ASHTON AND MARSHALL_a-'3
MCKUSICK; MARY KEOUGH AND HERBERT LYMAN; AND ALFRED H. CARR. Affirmative roll
call vote unanimous, 7/0, all Councilmembers present The Mayor declared the resolution
adopted.
The Mayor stated the next item on the agenda was consideration of an ordinance
amending Chapter 32.1 of the Code. The City Attorney stated the ordinance needed to be
amended to Incorporate a delay in the effective date of a couple of the fees, including the
minimum fee, fire disposal fee, appliance disposal fee and appliance disposal surcharge fee.
He said all of the fees would be delayed unfit 9/1/89 to allow for notification of communities
served by our landfill. Moved by Balmer, seconded by Kubby, to amend the ordinance per
City Attorney. The City Attorney clarified the only change to the ordinance was moving the
effective date. Ambrisco questioned the system for collecting the fees. City Manager Atkins
stated tires would be picked up With a special collection process with Information called in and
a bill would be sent directly to the caller. The City Attorney said they could be certified for
assessment on tax rolls. Courtney questioned whether the billing could be Included with the
City bill for water and sewer. The City Manager said staff would be experimenting with the
billing process and would report back to Council. The Mayor declared the motion to amend
the ordinance carried unanimously. Moved by Courtney, seconded by Balmer, that the
ordinance amending Chapter 32.1, "Taxation and Revenues; of the Code of Ordinances of the/a��
City of Iowa City, Iowa, by repealing Section 321.55 thereof, and enacting in lieu thereof a new
section to be codified the same, setting the amounts of fees for the collection of appliances
and tires and for the disposal of appliances and tires at the landfill, and increasing the
minimum fee for landfill use, be given second vote for passage as amended. Affirmative roll
call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried.
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Council Activities
July 11, 1989
Page 6
The Mayor stated the next hem on the agenda was consideration of an ordinance
amending Chapter 15 of the Code. The City Attorney stated the ordinance needed to be
amended to Incorporate language that sets fees by ordinance. He stated it was a non•
substantive amendment and recommended the ordinance be amended and then given second
consideration. Moved by Courtney, seconded by Larson, to amend the ordinance per City
Attorney. The Mayor declare the motion to amend carried unanimously. Moved by Courtney,
seconded by Horowitz, that the ordinance amending Chapter 15, entitled "Garbage, Trash and aas
Refuse," of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Sections is -
2, 15.29, 15.62, 15-63 and 15-64 thereof, and enacting in lieu thereof new sections to be
codified the same, defining appliances, providing for the collection and disposal of appliances
and tires, providing for the disposal of vehicle batteries and waste oil, establishing fees for the
collection or disposal of such items, declaring that certain solid wastes are not subject to
collection, and providing penalties for placing such wastes for collection, be given second vote
for passage as amended. Balmer questioned the disposal sites for hazardous or special
wastes. Public Works Director Schmadeke stated that there were not disposal sites in Iowa
and that they would have to be contracted for out -0f -state disposal on an annual or semi-
annual basis. Schmadeke noted that any special waste has to be authorized for disposal first
by the state. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor
declared the motion carried.
Moved by Larson, seconded by Horowitz, to adopt RES. 89-184, Bk. 101, p. 184,
AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED. OFFER TO PURCHASE FOR
PARCEL NO. 3, ALL IN CONNECTION WrrH THE HIGHWAY NO. 1 AT 1-80 PAVING a.76
IMPROVEMENTS. The City Attorney stated the offer had been revised to provide for
considerafion of a sewer line by the adjacent property owner and that the City would be
reimbursed. Staffmember Cain noted that an additional revision allowed for permission from
IDOT for a commercial drive. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the resolution adopted.
Larson reminded Council and the public of a ground breaking ceremony for the 1aa7
Broadway Street Neighborhood Center at 10:00 a.m. Friday morning, 7/14.
Moved by Larson, seconded by Courtney, to adjourn 9:00 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Councilmembers present.
MARIAN K. KARR, CiTY CLERK
JOHN MCDONALD, MAYOR
City of Iowa City
MEMORANDUM
DA•T E : June 30, 1989
TO: Memo for Record
FROM: City Manager
R E : Material Sent to Council Only
Memorandum from the Mayor regarding evaluations. /daN
Memorandum from the City Manager regarding pending development issues. da9
Copy of letter from the City Manager to the Johnson County Health
Department regarding air pollution emissions at Sheller -Globe. 3 0
Letter of resignation from the City Engineer, Frank Farmer. a ��
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City of Iowa City
MEMORANDUM
DATE: July 7, 1989
TO: City Council
FROM: City Manager
R E : Material in Information Packet
Copy of letter from City Manager to Tom Riley regarding use a double
decker bus on Iowa City streets.
Memorandum from the Finance Director regarding Hotel/Motel Tax shortfal
Memorandum from the Economic Development Coordinator regarding annual
report on Iowa City tax abatement..
Memorandum from the Assistant Finance Director regarding property and
liability insurance purchase for FY90.
Letter from David Brown regarding ruling in Yocum injunction case.
Letter of appreciation from Domestic Violance Intervention Program,
Chairperson.;
Articles:
a. Electronic Information Center at Downtown Transit Interchange.
b. U.S. Transit Subsidy Policy:. In Need of Reform
To Council Only:
Copy of letter from City Manager to HUD regarding monitoring visit of
May 16-18, 1989.
Copy of letter sent to 41 property owners/residents involved in Benton
area projects.
Copy of letter sent to residents along Benton Creek.
Jun Progress Report of sewer projects(SE Interceptor/Benton St./Sludge
Art cies:
a. Flood of Newsprint Eroaes Success of Recycling
b. Police Academy Graduates.
Invitation to Neighbood Centers of Johnson County ground breaking
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City of Iowa City
+' MEMORANDUM
I DA -TE : June 30, 1989
TO : Memo for Record
FROM: City Manager
R E : Material Sent to Council Only
i
Memorandum from the Mayor regarding evaluations.
Memorandum from the City Manager regarding, pending development issues.
Copy of letter from the City Manager to the Johnson County Health
Department regarding air pollution emissions at Sheller -Globe.
Letter of resignation from the City Engineer, Frank Farmer.
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City of Iowa city
MEMORANDUM
DATE : July 7, 1989
TO : City Council
FROM: City Manager
R E : Material in Information Packet
Copy of letter from City Manager to Tom Riley regarding use of a doubl
decker bus on Iowa City streets.
Memorandum from the Finance Director regarding Hotel/Motel Tax shortfa
Memorandum from the Economic Development Coordinator regarding annual
report on Iowa City tax abatement.
Memorandum from the Assistant Finance Director regarding property and
liability insurance purchase for FY90.
Letter from David Brown regarding ruling in Yocum injunction case.
Letter of appreciation from Domestic Violance Intervention Program
Chairperson.
Articles:
a. Electronic Information Center at Downtown Transit Interchange.
b. U.S. Transit Subsidy Policy:. In Need of Reform
To Council Only:
Copy of letter from City Manager to HUD regarding monitoring visit of
May 16-18, 1989.
Copy of letter sent to 41 property owners/residents involved in Benton
area projects.
Copy of letter sent to residents along Benton Creek.
June Progress Report of sewer projects(SE Interceptor/Benton St./Sludge
Articles:
a. Flood of Newsprint Eraaes Success of Recycling
b. Police Academy Graduates.
Invitation to Neighbood Centers of Johnson County ground breaking