HomeMy WebLinkAbout1989-07-11 Council Minutesi
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OFFICIAL COUNCIL ACTIONS .6t27189
The cost M publishing the following proceedings and
claims Is $. Cumulative cost for this calendar year
for said publication Is $
Iowa City City Council, reg, mtg„ 7:30 porn. at the Civic
Center. Mayor McDonald presiding. Councllmemberspresent:
Ambrlsco, Balmer, Courtney, Horowitz, Kubby, Larson,
McDonald. Absent: None.
Moved and seconded, that the following hems and recom-
mendations In the Consent Calendar be received, or approved,
and/or adopted as amended:
Approval of Official Council Actions of the
regular meeting of 6/13/89, as published, subject to
correction, as recommended by the City Clerk,
Minutes of Boards and Commissions: Airport
Comm. - 5/19; CCN Comm. - 5/16; Rivedrom
Comm. - 5/24; Broadband Telecom. Comm. .5/10;
CNII Service Comm, - 5/23; Housing Comm. - 4/11;
P82: Comm, - 6/15.
Permit Motions and Resolutions: Class C
Liquor License for Dave's Foxhead Tavern, 402 E.
Market Street. Class C Beer Permit for Sinclair
Service Station & Convenience Store, 2153 ACT
Circle. Class C Liquor License for Fraternal Order
of Eagles, Iowa City Aerie #695, 225 Hwy. 1 South,
Class C Liquor License for Vlto's, 118 E. College
Street. Class C Liquor License for M.T. Cohen, Old
Capitol Cecter. Class C Liquor License forAmeric-
an Legion, Roy L Chopek Post #17, 3016
Muscatine Ave. RES, 89.159, ISSUE A DANCING
PERMIT. RES. 89.160, ISSUING CIGARETTE
PERMITS. Class C Liquor License for Studio 114,
114 WdghdStreet.
Motions:. Approving disbursements in the
amount of $6,029,414.47 for the period of 5/1 Ihru
5/31, as recommended by the Finance Director,
subject to audit.
Correspondence: Joan Vidor regarding
request to vacate eastern alley between Governor
and Summit streets. Letters from four neighbors
attached. Memo from the Civil Service Comm.
submitting a ceaffied list of applicants for the
Position of Treatment Plant OperatoWyater.
Applications for City Plaza Use Permits:
Reproductive Rights Coalition to set up a table on
City Plaza on 7/1, 10 distribute literature and offer
items for sale, approved. Iowa International Social-
ist Organization to set up a table on CIry Plaza on
7/1,15,29 and 8%26, to distribute literature and offer
hems for donations, approved. Visiting Nurses
Association of Johnson County to set up a table on
City Plaza on 6/13, 19, 28, 7/5, 10, 20 and 8/1, 7,
16, to sell refile tickets, approved, David Sewell to
sing and play an acoustical guitar on City Plaza on
6/14.16, approved, Latin American Human Rights
Advocacy Center to set up a table on City Plaza
during the period from 6/1531, approved, Erica
Womachka to vend hand-crafted jewelry as an
ambulatory vendor on 6/17, approved. Now
Pioneer Cooperaiive to have a pancake breakfast to
benefit I•Care on 6/18, approved. James Clayton
to sot up a table on City Plaza on 6/16, from which
to solicit signatures on a perdlon, approved,
The Mayor declared the motion carried.
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Official Actions
June 27, 1969
Page 2
Moved and seconded, to set a public hearing for 7/11,
on an ordinance to vacate a portion of First Street extending
west of Gilbert Street. The Mayor declared the motion carried.
Moved and seconded, to adopt RES. 89-161, APPROV-
ING THE PRELIMINARY AND FINAL LARGE SCALE NON-
RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR AERO
RENTAL LOCATED AT 227 IORKWOOD AVENUE.
A public hearing was held on a resolution adopting the
1989 Comprehensive Plan Update.
A public hearing was held on an ordinance vacating a
portion of the east -west alley right-of-way located between
Governor and Summit streets, north of Bowery Street and
south of Burlington Street. Charles Swisher, 533 S. Summit,
appeared and requested an easement to allow him to access
his garage If the alley were vacated.
Moved and seconded, to approve the recommendation
of the Planning and Zoning Cummisston that a study of traffic
circulation on the east -west alley between Summit and
Governor Streets be conducted Contingent upon a preliminary
report from staff on the degree of time and effort Involved to
prepare a report. The Mayor declared the motion carded.
A public hearing was held on an ordinance amending
Chapter 36, emitted 'Zoning Ordinance- of the Code of Ordi-
nances of the City of Iowa City, Iowa, by amending Section
36-4 and 36.56 therein to eliminate certain child care providers
from the Zoning Ordinance regulations for child care facilities
and to extend the hours of house calls for home occupations.
Moved and seconded, that the rule requiring ordinances
to be considered and voted on for passage at two Council
meetings prior to the meeting at which 4 is to be finally
passed be suspended, the first consideration and vote be
waived and the second consideration be given at this time.
The Mayor declared the motion carried. Moved and
seconded, that the ordinance amending Chapter 36, entitled
'Zoning Ordinance' of the Code of Ordinances of the City of
Iowa City, Iowa, by amending Sections 364 and 36.56 therein
to eliminate certain child care providers from the Zoning
Ordinance regulations for child care facilities and to extend the
hours of house calls for home occupations, be given second
vote for passage. The Mayor declared the motion carried.
A public hearing was held on the City's Intent to convey
to Jack Moyers at al. the vacated dght-of-way of Loos Street,
between Rocky Shore Drive and Black Springs Circle, Jack
Moyers, 1130 DIII Street, stated he wished to enlarge a bed-
room and asking If there would be consideration to moving
the driveway that has been constructed in the right-of-way.
Mr, Moyers stated that his primary elm would be satisfied If the
street were vacated and he was allowed to purchase the
abutting property,
Moved and seconded, that ORD. 893421, VACATING
PORTIONS OF LAFAYETTE STREET, be passed and adopted.
A public hearing was held on the City's Intent to convey
to Gary L Freeman and Ralph J. Freeman that portion of the
vacated Lafayette Street right-of-way located between Ralston
Creek and South Gilboa Street and a portion of the vacated
Unn Street right-of-way Immedlatey north of the vacated
Lafayette Street right-of-way. Gary Freeman outlined his
reasons for wishing to acquire the property. Councllmembers
expressed concern re the purchase price of $1,000 (.1(X a
square foot),
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Official Actions
June 27, 1989
Page 3
Moved and seconded, to defer two weeks consideration
Of a resolution authorizing sale and conveyance of excess City
Properly, to -wit, a gonion of vacated Lafayette Street and Linn
Street dghts-0f-way generally lying east of Ralston Creek In
Iowa City, Iowa, subject to retaining certain utility and conser-
vation easements. The Mayor declared the motion carried.
Moved and seconded, that the ordinance vacating a j
Public walkway easement located between Lots 26, 27, 46 end
47 of Pepperwood Addition, Pan 2, be given first vote for
Passage. The Mayor declared the motion carried, i
Moved and seconded, that the rule requiring ordinances !
to be considered and voted on for passage at two Council I
meetings prior to the meeting at which it Is to be finally "
passed be suspended, the first consideration and voted be
waived and the second consideration be given at this time.
The Mayor declared the motion carded. Moved and
seconded, that the ordinance to approve Oberlin Estates, a
Preliminary and final Planned Development Housing (PDH)
plan, and to rezone Lots 100 and 106 of Court HIIIScod
Boulevard Addition from RM -20 and RS51 respectively, to p
PDH -8, be ?Nen second vote for passage. The Mayor ?
declared the motion carded.
Moved and seconded, to adopt RES. 89.162, APPROV-
ING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT
(LSRD) PLAN FOR WILLOWBROOKE POINTE CONDO- r
MINIUMS, LOT 33 CAMERON SUBDIVISION. The Mayor i
declared the motion carried.
Moved and seconded, to adopt RES. 89.163, APPROV.
ING THE FINAL PLAT OF TY'N CAE SUBDIVISION, PART 5,
A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA,
AND CLARIFYING CERTAIN RIGHT-OF-WAY BY VACATING
PORTIONS OF DYNEVOR CIRCLE PREVIOUSLY DEDICATED
AND PLATTED IN TY'N CAE SUBDIVISION, PART 3, AND
ACCEPTING REDEDICATION OF REALIGNED DYNEVOR
CIRCLE.
Moved and seconded, to adopt RES. 89.164, APPROV-
ING THE PRELIMINARY AND FINAL PLATS OF RESUB-
DIVISION OF BLOCK 45 FAST IOWA CITY, A 0.48 ACRE
TRACT LOCATED IN THE SOUTHWEST QUADRANT OF THE
INTERSECTION OF 'H' STREET AND SIXTH AVENUE
A public hearing was held on the proposal to Increase
the aggregate principal amount of Industrial Revenue Bonds
(Michael Development of Iowa LP. Project) Series 1989, from
$3,000,000 to $5,000,000 of the City of Iowa City, Iowa
Moved and seconded, to adopt RES. 89.165, APPROV-
ING PROCEEDING WITH AN INCREASE IN THE AGGREGATE
PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA LP,
PROJECT) SERIES 1989, FROM $3,000,000 TO $5,000,000 OF
THE CITY OF IOWA CITY, IOWA,
Moved and seconded, 110 appoint Ernest Galer, 1749 W.
Benton Street, to the Bd. of Adjustment for an unexpired term
ending 1/1/94, The Mayor declared the motion carried.
Moved and seconded, to approve the recommendation
of the Rlvadront Commission that the amendment to the River
Corridor Overlay Zone concerning the 30 10011 setback be
withdrawn. The Mayor declared the motion carded.
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Official Actions
June 27, 1989
Page 4
Moved and seconded, to adopt RES. 89.166, RESOLU-
TION IN SUPPORT OF THE IOWA CITY RIVER CORRIDOR
TRAIL AND AUTHORIZING THE FILING OF A RECREATIONAL
TRAILS GRANT APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION. Allen Stroh, 3023 Comell,
updated Council on the status of the project between Iowa
Avenue and the footbridge.
Moved and seconded, to adopt RES. 89.167, AUTHORI-
ZING AND DIRECTING THE FILING OF AN AMENDED APPU-
CATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF
AMERICA, FOR A GRANT UNDER SECTION 9 OF THE
URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED, FOR TRANSIT CAPITAL ASSISTANCE FUNDING,
AND DESIGNATING THE CITY MANAGER AS THE CITY
OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID
AMENDED APPLICATION.
Moved and seconded, to adopt RES. 89.168,
AUTHORIZING AND DIRECTING THE SOLICITATION OF
OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN
LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PAR-
CELS C AND D, LOCATED IN THE LOWER RALSTON CREEK
AREA OF IOWA CITY AND DIRECTING THE CITY CLERK TO
PUBLISH NOTICE OF SUCH ACTIONS.
Moved and seconded, to adopt RES. 89.169, AWARD-
ING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE
CENTRAL STATES CAN CO./SI-GAN CORP. RAIL SPUR RAP-
RR89(5)-9T-52 PROJECT SUBJECT TO APPROVAL AND
ADDITIONAL FUNDING FROM THE IOWA DEPARTMENT OF
TRANSPORTATION RAIL AND WATER DIVISION.
Moved and seconded, that the ordinance amending
Chapter 15, entitled 'Garbage, Trash and Refuse; of the Code
of Ordinances of the City of Iowa City, Iowa, by repealing
Sections 15.2, 15.29, 15-62, 15-63 and 15.64 thereof, and
enacting in lieu thereof new sections to be codhad the same,
defining appliances, providing for the collection and disposal
Of appliances and tires, providing for the disposal of vehicle
batteries and waste oll, establishing fees for the Collection or
disposal of such hems, declaring that certain solid wastes are
not subject to collection and providing penalties for placing
such wastes for collection, be given first vote for passage.
The Mayor declared the motion carried.
Moved and seconded, to adopt RES. 89.170, AUTHOR-
IZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT
WITH ROSEBAR TIRE SHREDDING CENTER, INC. OF
VINTON, IOWA FOR THE PROVISION OF TIRE RECYCLING
SERVICES AT THE IOWA CITY LANDFILL-
Moved
ANDFILLMoved and seconded, to defer for two weeks a resolu-
lion authorizing and directing the Mayor and City Clerk to
execute and aaest, respectivey, an agreement for the provi-
sion of scrap metal recycling services at the Iowa City Landfill.
The Mayor declared the motion carded.
Moved and seconded, to adopt RES. 89.171, AUTHOR-
IZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT
WITH WESTINGHOUSE SPECIALTY SERVICES, INC. (APTUS)
OF COFFEYVILLE, KANSAS, FOR THE PROVISION OF PCB
DISPOSAL SERVICES FROM SOLID WASTES DELIVERED TO
THE IOWA CITY LANDFILL
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Official Actions
June 27, 1989
Page 5
Moved and seconded, that the ordinance amending
Chapter 321, 'Taxation and Revenues,' of the Code of Ordi.
nances Of the City of Iowa City, Iowa, by repealing Section
321-55 thereof, and enacting In lieu thereof a new section to
be codified the same, seeing the amounts of fees for the
0011eaion 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 first vote for passage. The Mayor
declared the motion carried.
Moved and seconded, 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. 89-3422, AMENDING CHAPTER
23, ENTITLED 'MOTOR VEHICLES AND TRAFFIC; OF THE
CODE OF ORDINANCES OF THE CIN OF IOWA CITY, IOWA,
BY AMENDING SECTION 23.189 THEREIN TO CHANGE
SPEED LIMIT'S ON PARTS OF NORTH DUBUQUE ROAD AND
SCOTT BOULEVARD, be voted on for final passage at this
time. Moved and seconded, that the ordinance be finally
adopted at this time.
Moved- and seconded, to adopt RES. 89.172,
AUTHORIZING THE ACQUISITION OF THE REMAINING
TEMPORARY CONSTRUCTION EASEMENTS AND PERMA-
NENT SEWER EASEMENTS FOR THE SOUTHEAST INTER-
CEPTOR/RALSTON CREEK SEGMENT, PHASES 1 AND 2,
SEWER CONSTRUCTION PROJECT, with revised exhibit.
Moved and seconded, to adopt RES. 89.173, AUTHORI-
ZING AND DIREG77NG THE MAYOR AND CIN CLERK TO
EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO
THE IOWA DEPARTMENT OF TRANSPORTATION AGREE-
MENT FOR RISE FUNDING FOR THE HIGHWAY NO. 1 AT I-
80 PAVING IMPROVEMENTS PROJECT, NO. RM -3715(3)-9D-
52
Moved and seconded, to defer for two weeks a resolu-
tion authorizing the City Manager to make an amended offer
to purchase for Parcel No. 3, all in connection with the
Highway No, i at 1-80 Paving Improvements. The Mayor
declared the motion carried.
Moved and seconded, to adjourn 9:45 p.m. The Mayor
declared the motion carried.
For a more detailed and complete description of Council
Aactivfles and Disbursements, see Office of the City Clerk and
Finance Department,�
s/JOHN MCDONALD, MAYOR
s/MN�R, CIJY CLERK Q
Sum d for publication - 7/6/89,
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Official Actions
June 27, 1989
Page 5
Moved and seconded, that the ordinance amending
Chapter 321, 'Taxation and Revenues,' of the Code of Ordi.
nances Of the City of Iowa City, Iowa, by repealing Section
321-55 thereof, and enacting In lieu thereof a new section to
be codified the same, seeing the amounts of fees for the
0011eaion 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 first vote for passage. The Mayor
declared the motion carried.
Moved and seconded, 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. 89-3422, AMENDING CHAPTER
23, ENTITLED 'MOTOR VEHICLES AND TRAFFIC; OF THE
CODE OF ORDINANCES OF THE CIN OF IOWA CITY, IOWA,
BY AMENDING SECTION 23.189 THEREIN TO CHANGE
SPEED LIMIT'S ON PARTS OF NORTH DUBUQUE ROAD AND
SCOTT BOULEVARD, be voted on for final passage at this
time. Moved and seconded, that the ordinance be finally
adopted at this time.
Moved- and seconded, to adopt RES. 89.172,
AUTHORIZING THE ACQUISITION OF THE REMAINING
TEMPORARY CONSTRUCTION EASEMENTS AND PERMA-
NENT SEWER EASEMENTS FOR THE SOUTHEAST INTER-
CEPTOR/RALSTON CREEK SEGMENT, PHASES 1 AND 2,
SEWER CONSTRUCTION PROJECT, with revised exhibit.
Moved and seconded, to adopt RES. 89.173, AUTHORI-
ZING AND DIREG77NG THE MAYOR AND CIN CLERK TO
EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO
THE IOWA DEPARTMENT OF TRANSPORTATION AGREE-
MENT FOR RISE FUNDING FOR THE HIGHWAY NO. 1 AT I-
80 PAVING IMPROVEMENTS PROJECT, NO. RM -3715(3)-9D-
52
Moved and seconded, to defer for two weeks a resolu-
tion authorizing the City Manager to make an amended offer
to purchase for Parcel No. 3, all in connection with the
Highway No, i at 1-80 Paving Improvements. The Mayor
declared the motion carried.
Moved and seconded, to adjourn 9:45 p.m. The Mayor
declared the motion carried.
For a more detailed and complete description of Council
Aactivfles and Disbursements, see Office of the City Clerk and
Finance Department,�
s/JOHN MCDONALD, MAYOR
s/MN�R, CIJY CLERK Q
Sum d for publication - 7/6/89,
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
June 27, 1969
Iowa City 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. Staffmembers present: Atkins, Timmins, Karr, Schmelser, Franklin,
Moen, Cain, Doyle, Schmadeke. Council minutes tape-recorded on Tape 89-42, Sides 1 & 2;
89-43, Side 1, 1.490.
The Mayor noted Studio 114 addition to the Consent Calendar. Moved by Ambrisco,
seconded by Balmer, 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 6/13/89, as
published, subject to correction, as recommended by the City Clerk.
Minutes of Boards and Commissions: Airport Comm. - 5/19/89; CCN
Comm. - 5/16/89; Rivedront Comm. - 5/24/89; Broadband Telecom.
Comm. - 5/10/89; Civil Service Comm. - 5/23/89; Housing Comm. -
4/11/89; P&Z Comm. - 6/15/89.
Permit Motions and Resolutions: Approving a Class C Liquor License for
David L Alberhasky dba Dave's Foxhead Tavern, 402 E. Market Street.
Approving a Class C Beer Permit for Sinclair Marketing, Inc. dba Sinclair Service
Station & Convenience Store, 2153 ACT Circle. Approving a Class C Liquor
License for Fraternal Order of Eagles, Iowa City Aerie #695, dba Fraternal Order
of Eagles, Iowa City Aerie #695, 225 Hwy. 1 South, Approving a Class C Liquor
License for Vito's of Iowa City, Inc. dba Vito's, 118 E. College Street. Approving
a Class C Liquor License for Motif, LTD dba M.T. Cohen, Old Capitol Center.
Approving a Class C Liquor License for American Legion, Roy L Chopek Post
#17 dba American Legion, Roy L, Chopek Post #17, 3016 Muscatine Ave. RES.
89.159, Bk. 101, p. 159, ISSUE A DANCING PERMIT. RES. 89-160, Bk. 101, p,
160, ISSUING CIGARETTE PERMITS. Approving a Class C Liquor License for
S&D Iowa City, Incorporated dba Studio 114, 114 Wright Street,
Motions: Approving disbursements in the amount of $6,029,414.47 for
the period of 5/1 thru 5/31/89, as recommended by the Finance Director, subject
to audit,
Correspondence: Joan Victor regarding request to vacate eastern alley
between Governor and Summit streets, Letters from four neighbors attached.
Memo from the Civil Service Comm. submitting a certified list of applicants for
the position of Treatment Plant Operator/Water.
Applications for City Plaza Use Permits: Reproductive Rights Coalition
to set up a table on City Plaza on 7/1/89, to distribute literature and offer Items
for sale, approved. Iowa International Socialist Organization to set up a table
on City Plaza on 7/1, 15, 29 and 8/26/89, to distribute literature and offer Items
for donations, approved. Visiting Nurses Association of Johnson County to set
up a table on City Plaza on 6/13, 19, 28, 7/5, 10, 20 and 8/1, 7, 16/89, to sell
raffle tickets, approved. David Sewell to sing and play an acoustical guitar on
City Plaza on 6/14.16/89, approved, Latin American Human Rights Advocacy
Center to set up a table on City Plaza during the period from 6/15.31/89,
Council Activities
June 27, 1969
Page 2
approved. Erica Womachka to vend handcrafted jewelry as an ambulatory
vendor on 6/17/89, approved. New Pioneer Cooperative to have a pancake
breakfast to benefit I -Care on 6/18/89, approved. James Clayton to set up a
table on City Plaza on 6/16/89, from which to solicit signatures on a petition,
approved.
Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the
motion carried.
Moved by Balmer, seconded by Ambrisco, to set up a public hearing for 7/11/89, on
an ordinance to vacate a portion of First Street extending west of Gilbert Street. The Mayor
declared the motion carried unanimously, 7/0, all Councilmembers present.
Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-161, Bk. 101, p. 161,
APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOP-
MENT (LSNRD) PLAN FOR AERO RENTAL LOCATED AT 227 KIRKWOOD AVENUE. Affirmative
roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution
adopted.
A public hearing was held on a resolution adopting the 1989 Comprehensive Plan
Update. No one appeared.
A public hearing was held on an ordinance vacating a portion of the east -west alley
right-of-way located between Governor and Summit streets, north of Bowery Street and south
of Burlington Street (Paul and Joan Victor). Charles Swisher, 533 S. Summit, appeared and
requested an easement to allow him to access his garage if the alley were vacated and hoped
Council would not close the alley.
Moved by Larson, seconded by Ambrisco, to approve the recommendation of the
Planning and Zoning Commission that a study of traffic circulation on the east -west alley
between Summit and Governor Streets (Paul and Joan Victor) be conducted contingent upon
a preliminary report from staff on the degree of time and effort Involved to prepare a report.
The City Manager stated a preliminary report would be to Council in two weeks. The Mayor
declared the motion carried unanimously, 7/0, all Councilmembers present.
A public hearing was held on an ordinance amending Chapter 36, entitled "Zoning
Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Section 36-
4 and 36.56 therein to eliminate certain child care providers from the Zoning Ordinance
regulations for child care facilities and to extend the hours of house calls for home occupa-
tions. No one appeared. Councilmember Kubby noted Council discussion the previous
evening re possibility of waiving or reducing the $265 special exception fee for smaller day
care providers.
Moved by Balmer, seconded by Kubby, 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 Balmer,
seconded by Ambrisco, that the ordinance amending Chapter 36, entitled `Zoning Ordinance"
of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 36-4 and 36-
Council Activities
June 27, 1989
Page 3
56 therein to eliminate certain child care providers from the Zoning Ordinance regulations for
child care facilities and to extend the hours of house calls for home occupations, be given
second vote for passage. Balmer noted a memo from PPD Director Schmelser stating in lieu
of an outright exemption to a limitation on hours for house calls for home occupations Involved
with child care, the hours of operation will be extended to 10:00 p.m. Kubby noted her earlier
comment during the public hearing re possible reduction or waiver of the fee. The Mayor
stated that would be a separate item for discussion at a later time. Affirmative roll call vote
unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried.
A public hearing was held on the City's intent to convey to Jack Moyers at al. the
vacated right-of-way of Loos Street, between Rocky Shore Drive and Black Springs Circle.
Jack Moyers, 1130 Dill Street, stated he wished to enlarge a bedroom and asking if there
would be consideration to moving the driveway that has been constructed in the right-of-way.
Staffmember Schmeiser present for discussion. Mr. Moyers stated that his primary aim would
be satisfied If the street were vacated and he was allowed to purchase the abutting property.
Staff will research and report back.
Moved by Ambrisco, seconded by Horowitz, that ORD. 89-3421, Bk. 30, p. 22,
VACATING PORTIONS OF LAFAYETTE STREET (Gary and Ralph Freeman), be passed and
adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor
declared the ordinance adopted.
A public hearing was held on the City's Intent to convey to Gary L Freeman and Ralph
J. Freeman that portion of the vacated Lafayette Street right-of-way located between Ralston
Creek and South Gilbert Street and a portion of the vacated Linn Street right-of-way
immediately north of the vacated Lafayette Street rightof-way. Gary Freeman outlined his
reasons for wishing to acquire the property. Mr. Freeman noted the total square footage is
about 9,000 square feet; however, CRANDIC Railroad runs through almost 4,000 square feet
of the property. Therefore, only about 5,000 square feet Is usable. He added that he was also
willing to give back to the City an 8' easement across the back of the lot; that the City was
going to require closing up the wide entrance to the street at an estimated cost of $2,500 to
tear up the existing street; and that a gas easement runs across the lot so that it can never
be built upon. He also noted that he was not sure the lot that he already owns next to this
property has legal access and would require petitioning a curb cut onto Gilbert Street without
this property. Councilmembers expressed concern re the purchase price of $1,000 (.10¢ a
square foot).
Moved by Balmer, seconded by Larson, to adopt resolution authorizing sale and
conveyance of excess City property, to -wit, a portion of vacated Lafayette Street and Linn
Street rights-of-way generally lying east of Ralston Creek in Iowa City, Iowa, subject to retaining
certain utility and conservation easements. Council acknowledged a memo from PPD staff
regarding comparable sales. The City Attorney reported on three private sales in the area,
and reviewed the procedure for City vacation and disposition of parcels, PPD Director
Schmelser noted that the lowest square foot price the City has paid recently was for land
acquired on West Benton Street at .850, and that Mr. Freeman says he has 3,100 square feet
of usable feet in the land he wishes to acquire from the City. Therefore, Schmelser suggested
the land was equal to at least three times more than the offer made. Individual Councilmem-
bers expressed their views and directed staff to negotiate a price of no lower than $3,100 for
the parcel. After discussion, earlier motion to adopt was withdrawn. Moved by Kubby,
seconded by Horowitz, to defer two weeks consideration of a resolution authorizing sale and
Council Activities
June 27, 1989
Page 4
conveyance of excess City property, to -wit, a portion of vacated Lafayette Street and Unn
Street rights-of-way generally lying east of Ralston Creek in Iowa City, Iowa, subject to retaining
certain utility and conservation easements. The Mayor declared the motion carried unani-
mously, 7/0, all Councilmembers present.
Moved by Ambrisco, seconded by Courtney, that the ordinance vacating a public
walkway easement located between Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2,
be given first vote for passage. Horowitz said she recognized the binds the neighbors were
in, but felt there was a purpose in maintaining internal circulation and would be voting against
the request. Larson stated he felt the neighborhood had changed and didn't feel the sidewalk
was necessary. Courtney asked that this subject be addressed by staff when they reviewed
the subdivision ordinance. The Mayor agreed and commented that he hoped such items
would be tightened up in the subdivision ordinance revisions. The Mayor declared the motion
carried, 6/1, with the following division of roll call vote: Ayes: Larson, McDonald, Ambrisco,
Balmer, Courtney, Kubby. Nays: Horowitz.
I
Moved by Balmer, 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 voted 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 Balmer,
seconded by Ambrisco, that the ordinance to approve Oberlin Estates, a preliminary and final
Planned Development Housing (PDH) plan, and to rezone Lots 100 and 106 of Court HillScolt
Boulevard Addition from RM -20 and RS -5, respectively, to PDH -8, 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 Balmer, to adopt RES. 89.162, Bk. 101, p. 162,
APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT (LSRD) PLAN FOR
WILLOWBROOKE POINTE CONDOMINIUMS, LOT 33 CAMERON SUBDIVISION. Balmer noted
comments regarded the development not being in character with the area and reminded
people that there is Is a PDH -8 zone just north of there on the corner of Melrose and Mormon
Trek. The Mayor declared the motion carried, 6/1, with the following division of roll call vote:
Ayes: Balmer, Courtney, Horowitz, Larson, McDonald. Nays: Kubby.
Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.163, Bk. 101, p. 163,
APPROVING THE FINAL PLAT OF TY'N CAE SUBDIVISION, PART 5, A SUBDIVISION OF IOWA
CiTY, JOHNSON COUNTY, IOWA, AND CLARIFYING CERTAIN RIGHT-OF-WAY BY VACATING
PORTIONS OF DYNEVOR CIRCLE PREVIOUSLY DEDICATED AND PLATTED IN TY'N CAE
SUBDIVISION, PART 3, AND ACCEPTING REDEDICATION OF REALIGNED DYNEVOR CIRCLE.
Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the
resolution adopted.
Moved by Ambrisco, seconded by Larson, to adopt RES. 89-164, Bk. 101, p. 164,
APPROVING THE PRELIMINARY AND FINAL PLATS OF RESUBDIVISION OF BLOCK 45 EAST
IOWA CITY, A 0.48 ACRE TRACi LOCATED IN THE SOUTHWEST QUADRANT OF THE
INTERSECTION OF "H" STREET AND SIXTH AVENUE. The Mayor declared the resolution
adopted.
Council Activities
June 27, 1989
Page 5
A public hearing was held on the proposal to increase the aggregate principal amount
of Industrial Revenue Bonds (Michael Development of Iowa L.P. Project) Series 1989, from
$3,000,000 to $5,000,000 of the City of Iowa City, Iowa. No one appeared.
Moved by Balmer, seconded by Courtney, to adopt RES. 89-165, Bk. 101, p. 165,
APPROVING PROCEEDING WITH AN INCREASE IN THE AGGREGATE PRINCIPAL AMOUNT
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA L.P.
PROJECT) SERIES 1989, FROM $3,000,000 TO $5,000,000 OF THE CiTY OF IOWA CITY,
IOWA. Affirmative roll call vote unanimous, 7/0, all Counclimembers present. The Mayor
declared the resolution adopted.
Moved by Ambrisco, seconded by Larson, to appoint Ernest Galer, 1749 W. Benton
Street, to the Bd. of Adjustment for an unexpired term ending 1/1/94. The Mayor declared the
motion carried unanimously, 7/0, all Councilmembers present.
Counciimember Courtney noted the recent update from the Community Relations Officer
and acknowledged the donation from the Knights of Columbus of a McGruff Crime Dog
costume. He noted the memo from the City Mgr. re installation of warning sirens and
announced the resignation of Renee Jedlicka, Iowa City-Coralville Convention Bureau Director.
Horowitz Invited everyone to participate in a broadcast Garbage. Trash, Solid Waste and You
mr 89 scheduled for July 5, from 7:30 to 9:00 p.m. in the Public Library. She noted that individuals
ot" unable to attend could participate by phoning In their questions. Copies of the ECICOG
Regional Comprehensive Solid Waste Management Plan Report #1 prepared by Brice,
\d • etP ides -Donohue -Co, will be availabe Ambrisco congratulated Asst. City Mgr. Hailing and
a -his wife on the arrival of their son 6/23, and bid farewell to retiring Mercy Hospital Administrator
Sr. Mary Venarda. Balmer noted the temporary light Installed on Miller Avenue for the
� construction period and commented it seems to be working very well in slowing down traffic j
,/,4 JJyy, on the by-pass. He requested that information be shared with IDOT who wish to place a light
W °a on Orchard at a later time. City Mgr. will follow-up. Larson questioned If the City Mgr. and
staff had looked Into the traffic problem on Melrose and Grand Avenue. The City Mgr.
ai reported that staff will be doing a traffic count due to concern for safety of pedestrians and
will be painting the Intersection with crosswalk and additional signage. Larson updated the
public on the status of the erosion problem associated with the Cliffs Apartments, and assured
the public that the City is working with the developer to correct the problem.
Moved by Larson, seconded by Balmer, to approve the recommendation of the
Riverfront Commission that the amendment to the River Corridor Overlay Zone concerning the
30 foot setback be withdrawn. The Mayor declared the motion carried unanimously, 7/0, all
Counciimembers present.
Moved by Ambrisco, seconded by Kubby, to adopt RES. 89.166, Bk. 101, p. 166,
RESOLUTION IN SUPPORT OF THE IOWA CiTY RIVER CORRIDOR TRAIL AND AUTHORIZING
THE FILING OF A RECREATIONAL TRAILS GRANT APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION. Allen Stroh, 3023 Cornell, updated Council on the status of the
project between Iowa Avenue and the footbridge. Mr, Stroh stated that a problem exists with
the northerly portion. Project GREEN will help with the portion from the Art Building to Iowa
Avenue. Stroh said staff had declined to ask Council for that portion as it was all University
property and that the University had agreed to maintain the trial once constructed. Affirmative
roil call vole unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution
adopted.
Council Activities
June 27, 1989
Page 6
Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-167, Bk. 101, P. 167,
AUTHORIZING AND DIRECTING THE FILING OF AN AMENDED APPLICATION ON BEHALF OF
THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES
OF AMERICA, FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION
ACT OF 1964, AS AMENDED, FOR TRANSIT CAPITAL ASSISTANCE FUNDING, AND
DESIGNATING THE C17Y MANAGER AS THE CiTY OFFICIAL AUTHORIZED TO EXECUTE AND
PROCESS SAID AMENDED APPLICATION. Affirmative roll call vole unanimous, 7/0, all
Councilmembers present. The Mayor declared the resolution adopted.
Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.168, Bk. 101, p. 168,
AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO
PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCELS C AND
D, LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY AND DIRECTING THE
CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. Kubby clarified that this changes the
word from minimum price to suggested price, but that the City still has to accept fair market
value for the property. Affirmative roll call vote unanimous, 7/0, all Councllmembers present.
The Mayor declared the resolution adopted.
Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.169, Bk. 101, p. 169,
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR THE CENTRAL STATES CAN CO./SILGAN CORP. RAIL SPUR RAP-
RR89(5)-9T-52 PROJECT SUBJECT TO APPROVAL AND ADDITIONAL FUNDING FROM THE
IOWA DEPARTMENT OF TRANSPORTATION RAIL AND WATER DIVISION, to Peterson
Contractors, Inc, for $81,589.50. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the resolution adopted.
Moved by Horowitz, seconded by Ambrisco, that the ordinance amending Chapter 15,
entitled "Garbage, Trash and Refuse," of the Code of Ordinances of the City of Iowa City, Iowa,
by repealing Sections 15-2,15-29, 15.62, 15-63 and 15-64 thereof, and enacting in lieu thereof
now 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 first vote for passage. Balmer applauded the City Mgr, and staff for proceeding in the
proper manner. Kubby stated she preferred not to have fees for taking of these items.
Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the
motion carried.
Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.170, Bk. 101, p. 170,
AUTHORIZING AND DIRECTING THE MAYOR AND CiTY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, AN AGREEMENT WITH ROSEBAR TIRE SHREDDING CENTER, INC. OF
VINTON, IOWA FOR THE PROVISION OF TIRE RECYCLING SERVICES AT THE IOWA CITY
LANDFILL, for the unit price of $71.00 per ton. Horowitz challenged the public to develop new
Industries for solid waste management. Kubby asked the City to change the procedures to
allow smaller businesses to participate. Balmer noted the City needed to be cautious to
protect the taxpayers, Affirmative roll call vote unanimous, 7/0, all Councllmembers present.
The Mayor declared the resolution adopted.
Council Activities
June 27, 1989
Page 7
Moved by Ambrisco, seconded by Larson, to defer for two weeks a resolution
authorizing and directing the Mayor and City Clerk to execute and attest, respectively, an
agreement for the provision of scrap metal recycling services at the Iowa City Landfill. The City
Mgr. stated that procedurally nothing changes in the special pick-up provisions until after the
ordinance regarding fees is passed. Public Works Director present for discussion. The Mayor
declared the motion carried unanimously, 7/0, all Councilmembers present.
Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-171, Bk. 101, P. 171,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, AN AGREEMENT WITH WESTINGHOUSE SPECIALTY SERVICES, INC.
(APTUS) OF COFFEYVILLE, KANSAS, FOR THE PROVISION OF PCB DISPOSAL SERVICES
FROM SOLID WASTES DELIVERED TO THE IOWA Ci7Y LANDFILL, for $1.60 per pound or
$800.00 minimum per scheduled trip. Public Works Director Schmadeke explained that the
PCB will be stored in 55 gallon drums and that staff will be trained in handling the material.
Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the
resolution adopted.
Moved by Ambrisco, seconded by Kubby, that the ordinance amending Chapter 32.1,
Taxation and Revenues,"
repealing Section32.i-55 thereof, and enacting Inc
Ileuthe thereof as of cnew ectioCity of n to of 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 first vote for passage. Balmer questioned the procedure for notifying customers. The
City Mgr. explained that staff Is researching a mailer, utilizing the school system, and local Boy
Scouts, Kubby questioned if the City would have to amend the ordinance each time the State
Increased the tax per ton. The City Atty. said that unless the City wanted to absorb the
additional cost that would be necessary. The Mayor declared the motion carried unanimously,
7/0, all Councilmembers present.
Moved by Balmer, seconded by Ambrisco, 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. 89-3422, Bk. 30, p. 23, AMENDING CHAPTER 23, ENTITLED "MOTOR
VEHICLES AND TRAFFIC; OF THE CODE OF ORDINANCES OF THE CiTY OF IOWA CITY,
IOWA, BY AMENDING SECTION 23-189 THEREIN TO CHANGE SPEED LIMITS ON PARTS OF
NORTH DUBUQUE ROAD AND SCOTT BOULEVARD, be voted on for final passage at this
time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor
declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance be
finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the ordinance adopted.
Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-172, Bk. 101, p. 172,
AUTHORIZING THE ACQUISITION OF THE REMAINING TEMPORARY CONSTRUCTION
EASEMENTS AND PERMANENT SEWER EASEMENTS FOR THE SOUTHEAST INTERCEP-
TOR/RALSTON CREEK SEGMENT, PHASES 1 AND 2, SEWER CONSTRUCTION PROJECT,
with revised exhibit. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The
Mayor declared the resolution adopted.
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Council Activities
June 27, 1989
Page 8
Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-173, Bk. 101, p. 173,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR RISE FUNDING FOR THE HIGHWAY NO. 1 AT I.80 PAVING IMPROVE-
MENTS PROJECT, NO. RM -3715(3)-9D-52. Affirmative roil call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the resolution adopted.
Moved by Horowitz, seconded by Ambrisco, to defer for two weeks a resolution
authorizing the City Manager to make an amended offer to purchase for Parcel No. 3, all in
connection with the Highway No. 1 at 1-80 Paving Improvements. The Mayor declared the
motion carried unanimously, 7/0, all Councilmembers present.
Moved by Horowitz, seconded by Ambrisco, to adjourn 9:45 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Councilmembers present.
MARIAN K. KARR, CITY CLERK
JOHN MCDONALD, MAYOR
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COMPLETE 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. Staffinembers present: Atkins, Helling, 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.
f 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.A.R.E.
F program; Department of Parks and Recreation employees: Andy Christiansen, Janet Ellerbrock,
I Traver 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. - 5/22/89; Historic
Preservation Comm. - 5/10/89, 6/14/89; Design Review Comm. - 6/22/89.
Permit Motions and Resolutions: Approving a Class C Liquor License for KJ
Enterprises, Co. dba The Gas Co. Inn, 2300 Muscatine Ave. Approving a Class C
Liquor License for New Walt's Ltd dba New Walt's Ltd., 928 Maiden Lane. Approving
a Class C Uquor License for Oldies, Inc. dba Golden Oldies, 1910 S. Gilbert Street.
RES. 89.174, Bk. 101, P. 174, ISSUING DANCING PERMITS. Approving a Class E Beer
Permit for Drug Fair, Inc. dba Peoples Drug #5281, 121 E. Washington Street.
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
IMPROVEMENTS PROJECT IR -80.7(56)246-12-52. RES, 89-176, Bk. 101, p. 176, TO
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
on Laura Drive; Parking prohibition on the north side of Sandusky Drive just east of
Keokuk Street.
Applications for Use of Streets and Public Grounds: Vicki Kennedy-McBreen for
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
7/22/89, approved.
Council Activities
July 11, 1989
Page 2
Applications for City Plaza Use Permits: Jake Babcock, Spirit of T.K.D., for
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
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. Deb 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
permit them in the Commercial Intensive Zone. The Mayor declared the motion carried
unanimously, 7/0, all Councilmembers present.
A public hearing was held on an ordinance to vacate a portion of First Street extending
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
Street and south of Burlington Street (Paul and Joan Victor). The Mayor declared the motion
carried unanimously, 7/0, all Councilmembers present.
I 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. 89-3423, Bk. 30, p. 24, VACATING A PUBLIC WALKWAY EASEMENT LOCATED
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 roil 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,
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Council Activities
July 11, 1989
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-
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
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 DEVELOPMENT
HOUSING (PDH) PLAN, AND TO REZONE LOTS 100 AND 106 OF COURT HILL -SCOTT
BOULEVARD ADDITION FROM RM -20 AND RS -5, RESPECTIVELY, TO PDH -8, 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,
LOCATED WITHIN IOWA CITY, JOHNSON COUNTY, IOWA, AND ACCEPTING A 10 -FOOT
REPLACEMENT UTILR'i 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 STREET AND LINN STREET RIGHTS-OF-WAY GENERALLY LYING
EAST OF RALSTON CREEK IN IOWA CiTY, IOWA, SUBJECT TO RETAINING CERTAIN UTILITY
AND CONSERVATION EASEMENTS (Gary ' Ralph Freeman). Affirmative roll call vote
unanimous, 7/0, all Councilmembers present. 1ne 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
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. Affirmative 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
for an unexpired term ending 12/31/89, plus a three-year term ending 12/31/92; CCN Comm. -
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 11, 1989
Page 4
Moved by Horowitz, seconded by Kubby, to appoint Cathy Johnson, 242 Ferson
Avenue, to the Bd. of Adjustment for an unexpired term ending 1/1/90. The Mayor declared
the motion carried unanimously, 7/0, all Councilmembers present.
Councilmember Kubby noted the contract for tire recycling voted on by Council at their
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
j process. The City Manager commented that Rosebar (Tire Shredding Center) intends to shred
j 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
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
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
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
Benton Street residents concerning the sewer project and commended the residents, City 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
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 carried
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,questKubby raised a
he resolution establishing the Comn re the Indefinite terms of mittee seta forth the Indefinttee members. ite terms of the mCain
stated
dthat
bylaws were drafted to conform with the existing resolutions, Balmer noted that embersthe 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. 89-18o, 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
CONSTRUCTION EASEMENT ON PARCEL SIRC 1.25, ALL IN CONNECTION WITH THE
SOUTHEAST INTERCEPTOR RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION
PROJECT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor
declared the resolution adopted.
Council Activities
July 11, 1989
Page 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,
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 Councllmembers 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 CONTRACT WITH MCCOMAS-LACINA CONSTRUC-
TION COMPANY, INC. IN THE AMOUNT OF $949,093.00 FOR THE CIVIC CENTER POLICE
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
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
MCKUSICK; MARY KEOUGH AND HERBERT LYMAN; AND ALFRED H. CARR. Affirmative roll
call vote unanimous, 7/0, all Councllmembers 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, tire disposal fee, appliance disposal fee and appliance disposal surcharge fee.
He said all of the fees would be delayed until 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
City of Iowa City, Iowa, by repealing Section 32.1-55 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 Councllmembers present, The Mayor declared the motion carried,
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Council Activities
July 11, 1989
Page 6
The Mayor stated the next Item 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
Refuse," of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Sections 15-
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-of-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 Councllmembers 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 WITH THE HIGHWAY NO. 1 AT 1-80 PAVING
IMPROVEMENTS. The City Attorney stated the offer had been revised to provide for
consideration 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
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 Councllmembers present.
\ L J7 MCDONALD, MAYOR
\
MARrAN K. KARP, CITY CLERK
Informal Council Session
July 11, 1989
Informal Council Session: July 11, 1989, 6:40 p.m, in the Civic Center Council Chambers.
Mayor John McDonald presiding. -
Councllmembers Present: McDonald, Horowitz, Ambrisco, Larson, Kubby, Balmer, Courtney
(6:53 p.m.).
Statfinembers Present: Karr, Timmins, Atkins, Halling, Moen, Donner, Schoenfelder, Winkelhake.
Tape-recorded: Reel 8941, Side 1, 219 -END, Side 2, 1-306.
PLANNING & ZONING MATTERS: Reel 89-41, Side 1
A. PUBLIC HEARING FOR JULY 25. 1989. ON AN ORDINANCE TO AMEND CHAPTER 36,
THE ZONING ORDINANCE, TO DEFINE USED MERCHANDISE STORES AND PERMIT
THEM IN THE COMMERCIAL INTENSIVE ZONE.
Moen stated information will be provided to Council prior to the July 25, 1989, public
hearing.
B. PUBLIC HEARING ON AN ORDINANCE TO VACATE A PORTION OF FIRST STREET
Chi GNU"Nuyyc01 Vr uILOCnI OmGu Inolu nm nal - rroJUYI
Moen stated this ordinance would, vacate, the northerly nine feet of right-of-way
Immediately west of Gilbert Street and the balance of the right-of-way 120 feet west of
the Gilbert Street rightof-way. Moen stated this would accommodate development
plans of Aero Rental and would leave sufficient right-of-way to accommodate the IDOT
office. Moen explained that in exchange for this particular right-of-way to Aero Rental,
the City would require an easement over the existing sanitary sewer line located on the
west side of Aero Rental. (Additional Information after Item D.)
ORDINANCE TO VACATE A PORTION OF FIRST _STREET EXTENDING WEST OF
GILBERT STREET. N-89041.
See above hem B.
Atkins recommended to Council deferring this matter. Atkins explained the alley was
designed to accommodate single-family dwelling traffic and it is now used to
accommodate traffic for mul8-family units. Atkins stated he has talked with City Traffic
Engineer Jim Brachtel who feels the alley really doesn't warrant a traffic analysis. Atkins
stated the Victors have a legitimate complaint, but the remainder of the neighborhood
S �
Informal Council Session
July 11, 1989
Page 2
does have some dependence upon the operation of that alley. Atkins recommended
deferral of this item for two weeks to allow staff further study.
B. CONTINLIFD -
E.
F.
Larson asked how the price was established for the property. Moen stated there is an
easement the City would like to acquire over the existing sanitary sewer line and R
would be an equitable exchange between acquisition of that easement and conveyance
of the right-of-way to Aero Rental. Moen stated the motivating factor Is the City's
Interest In getting an easement over the sanitary sewer line.
In response to Ambrisco, Moen stated this ordinance needs to be given the traditional
three readings. McDonald stated Council could collapse the readings.
See below Rem G.
G. RESOLUTION EXEMPTING CHILD CARE PROVIDERS FROM THE APPLICATION FEE
FOR A SPECIAL EXCEPTION,
Horowitz stated the same language should be used in the opening "Whereas' as in the
final'fherefore; including'Those providers accepting children after 10:00 p.m. or before
7:00 a.m."
McDonald stated this Rem should be scheduled for informal discussion prior to Council
action. Council agreed to. defer this Rem and schedule R for Informal discussion.
H.
No Council comment.
2--.;k2
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Informal Council Session
July 11, 1989
Page 3
J.
No Council comment.
Moen stated the Freemans have increased the original offer from $1,000 to $3,000 and
staff is recommending acceptance of this offer.
K RESOLUTION ADOPTING THE 1989 COMPREHENSIVE PLAN UPDATE.
Ambdsoo inquired about the zoning of the site for Westport Plaza. Moen stated the
Intent is to show the site for Westport Plaza as a commercial site and the 1989 plan
does not change that particular policy, but carries that policy forward. Moen stated
Council changed the 1983 Comprehensive Plan Update and that amendment was
carried forward in the 1989 plan.
Ambrisco Inquired about the zoning around Mercy Hospital and asked If staff has had
'communication 'with'Mercy- Hospital staff. Moen stated Mercy Hospital staff are
comfortable with the particular recommendations regarding Mercy Hospital. Moen stated
the final recommendation is Identical to the 1983 Update with the expansion of the CO -
1 zone to the lot immediately east of Pediatrics Associates. Larson asked why staff
opposed the expansion of the one -hall block immediately east of Pediatrics Associates.
Moen stated it was staffs position all along to retain that as residential use, but it was
in the process of negotiations and determination by the Planning & Zoning Commission
was that the rezoning was an acceptable alternative. Moen, noted there was a house
on that property and it has been removed: In response io Ambrisco, Moen stated the
zoning fine was shifted just east to accommodate the one lot
Ambrisoo inquired about future plans for Iowa Avenue. Moen stated the Iowa Avenue
zoning is intact.
COUNCIL 71MEJAGENDA: Reel 89.41, Side 1
(Agenda ftem No. 13 - CIVIC CENTER POLICE AND FIRE DEPARTMENT REMODELING AND
EXPANSION PROJECT - CONTRACT WiTH MCCOMAS-LACINA CONSTRUCTION COMPANY.)
Balmer stated he was disappointed that the City only received one bid for the project Balmer
stated from the public policy point of view and for taxpayers, it is better on projects of this
magnitude that the City receives more than one bid. Balmer suggested the City either accept
the bid in total or reject it and not change the bid substantially. Atkins stated he was also
disappointed that only one bid was received through the routine bidding process. Atkins noted
a number of adjustments were made from the original bid specifications including provisions
Informal Council Session
July 11, 1989
Page 4
for the subcontractors and add aftemates. Atkins noted the one major element that affected
the bid was the Fire Department base bid was far more expensive than the City's original
estimates. Atkins noted awarding contract on the project would be approximately eight percent
over the estimate. Councilmembers and staff discussed the bidding process. Balmer noted
that McComas-Lacina Construction Company, Inc. is a very reputable company. Atkins stated
that the City may have only received one bid because of the nature of the bidding activity in
the community and the amount of construction going on.
Horowitz asked City Manager Atkins for an example of an add alternate. Atkins said an
example of an add aftemate is the exhaust system in the Fire Department and that add
aftemates refer to structural types of things. Horowitz stated the City should not pinch pennies
on the project. Larson inquired about hem No. 3 'Conform to specifications on temperature
controls.' Atkins explained when the bidder submitted the temperature control system bid, that
figure was extremely high; the City reworked the figure with the contractor; and the contractor
submitted a second proposal and amended his bid in the amount of $32,000. Horowitz
cautioned staff regarding cost overruns on the project. Atkins stated the City has a good
history regarding project management Kubby inquired about the sewer extension cost.
Schoerdekler stated a 50' sewer extension would cost $2,500. Atkins noted staff may assign
some work to City crews. Courtney Inquired about the deck design. Atkins stated the Fire
Chief proposed putting a deck over the two -car parking area on the second floor; the original
bid estimate was $10,O00-$1ZOD0; and the contractor's proposed bid for that deck was
$55,000.
Larson asked why there would be a nine month delay if the project were rebid. Atkins said
the contractor would like to get the building up and enclosed this construction season. Atkins
noted that the difficulty with the project Is operating the Police and Fire departments simul-
taneously with building the projec. Councllmembers discussed rebidding the project.
Schoenfelder noted the contractor is concerned about getting started as soon as possible.
Kubby stated she would feel more comfortable with more contractors participating in the
bidding process. McDonald noted that Council would like.to see more competitive bids,
McComas ladnrr Construction Company Is extremely reputable; and this project
the mftl fora num berof years: McDonald stated Council should proceed with the project'
APPOINTMENTS: Reel 89.41, Side 2
Board of Adjustment - Katherine Johnson
The meeting adjourned at 7:25 p.m.
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