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HomeMy WebLinkAbout1989-10-24 Minutes numberedL COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES October 24, 1989 ((j 1 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, Hailing, Gentry, Karr, Schmeiser, Boothroy, f i Seydel. Council minutes tape recorded on Tape 89-59, Side 1, 337 -END and Side 2, END -1; 31 89-61, Side 1, 1-444. The Mayor proclaimed October 29, 1989, as CHANGE YOUR CLOCK, CHANGE YOUR /860 BATTERY DAY. , � I Members of the Historic Preservation Commission presented framed copies of "A Guide /g6/ to Historic Iowa City" to the City Council. Balmer requested that item 3a(6) minutes of the Animal Control Advisory Board be-L9—L� II deleted from the Consent Calendar for separate discussion and approval. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar 1 ,. •. � be received, or approved; and/or adopted as amended: ' ) Minutes of Boards and Com i ( Slo3 9 p n recelpt of signed Agreement to Assume i, Responsibilityand Defend Patricia Whittenbaugh to picket in front of the Emma 1873. Goldman Clinic during the week of 10/23 through 28/89, approved. I, Applications for City. Plaza Use Permits: Keith Meyer for permission to set up 7- a table in City Plaza for the support of the candidacy of Joe Bolkcom and to register L; voters during the period of 10/13 through 11/7/89, approved. Latin American Human/975 Rights Advocacy Center for permission to set up a table in City Plaza from which to distribute literature and offer crafts for donations during the period of 10/16.30/89, approved m ss ons. Sr. Center Comm. - 9/25/89; Bd. o 1P Z�r_ Directors of Public Access Television, Inc. - 9/19/89; CCN Comm. - 9/20/89; Civil Service 186 5 I' ? L Comm. - 10/5/89; Airport Comm. - 9/19/89. _ I, p. I9L6 U /gd 7 Permit Motions Approving a Class C Liquor License for Yelder Enterprises, Inc. /96P dba The Oue, 211 Iowa Avenue. i.., Approving a Class C Liquor License for The Ground /Pt 9 r t Round, Inc, dba The Ground Round, 830 South Riverside Drive. I I i' Setting Public Hearings: To set a public hearing on 11/14/89, to hear comments �. from the public regarding the recommendations by the Committee on Community Needs /8 70 !! (CCN) on the use of 1996 Community Development Block Grant funds. I. Correspondence: Memo from the Civil Service Commission submitting !97/ a certified list of applicants for the position of Mass Transit Operator. Applications for Use of Streetd and Public Grounds: Christine Arrasmith for /9'7Z # permission to.f(Im a student production on the corner of Market and Linn Streets on 10/21/89, approval contin ant u o 9 p n recelpt of signed Agreement to Assume i, Responsibilityand Defend Patricia Whittenbaugh to picket in front of the Emma 1873. Goldman Clinic during the week of 10/23 through 28/89, approved. I, Applications for City. Plaza Use Permits: Keith Meyer for permission to set up 7- a table in City Plaza for the support of the candidacy of Joe Bolkcom and to register L; voters during the period of 10/13 through 11/7/89, approved. Latin American Human/975 Rights Advocacy Center for permission to set up a table in City Plaza from which to distribute literature and offer crafts for donations during the period of 10/16.30/89, approved L _ I, p. Council Activities October 24, 1989 Page 2 5 and ID -RS to RS -5 (Oakbrooke Place). John Moreland, applicant, stated that Planning and Zoning had recommended approval unanimously, and that neighbors in the area were satisfied Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. The Mayor stated that the Animal Control Advisory Board presently had an 876 adoption policy concerning ferrets at the Animal Shelter. He stated the Board had met again to discuss this issue and in light of the fact that no known rabies vaccine exists, the Board had not changed their policy. Moved by Larson, seconded by Horowitz, to accept the petitions /877 presented by the Eastern Iowa Ferret Association. The Mayor declared the motion carried unanimously, 7/0, all Councllmembers present. The Mayor explained the Board had met on two different occasions concerning their recommendation on the adoption of ferrets. He reported that he had received a phone call from the Greater Chicago Area Ferret Association, a licensed organization, willing to take the five ferrets currently housed at the shelter and signing a waiver to indemnify the City. He recommended that the City accept the offer from /878 the Chicago Ferret Association for the five ferrets currently at the shelter and accept the policy as presented by the Animal Control Advisory Board concerning the adoption of ferrets with one, stipulation. Council agreed with the recommendation. The Mayor suggested that anyone calling or bringing in a ferret in the future to the shelter be given the phone number of the Eastern Iowa Ferret Association and be given the opportunity to contact that representative, 1 Any ferret left at the shelter henceforth would be handled under the now policy. Jackie/879 Johnson, President of the Eastern Iowa Ferret Association, thanked Council for their consideration. Moved by Horowitz, seconded by Courtney, to accept the minutes of the Animal /88d Control Advisory Board meeting of 10/18/89. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present !! } Moved by Balmer, seconded by Ambrisco, to set a public hearing for 11/14/89, on an ; ` ordinance to change the name of Dynevor Circle to Little Creek Lane (Ty'n Cae, Part 5). The -L9-'-9 / 1 Mayor declared the motion carried unanimously, 7/0, all Councilmembers present, A public hearing was held on an ordinance to amend the Conditional Zoning Agreement between Plum Grove Acres, Inc. and the City of Iowa City for the subdivision known as First and Rochester, Part Three. No one appeared, II 1 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 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, secondedby Ambrisco, that the ordinance to amend the Conditional Zoning Agreement j irs yt �8 3 between Plum Grove Acres, Inc, and the City of Iowa City for the subdivision known as First I and Rochester, Part Three, be given second vote for passage. Courtney stated he hated to i see a unanimous vote by Council when the developers and builders did not uphold their end of the agreement. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Horowitz, Larson, McDonald, Ambrisco, Balmer. Nays: Courtney, Kubby, i A public hearing was held on an ordinance to amend the Zoning Ordinance by conditionally changing the use; regulations of certain property located at 2602 Rochester Avenue, north of Rochester Avenue and south of the North Branch of Ralston Creek from RS- /8g� s 5 and ID -RS to RS -5 (Oakbrooke Place). John Moreland, applicant, stated that Planning and Zoning had recommended approval unanimously, and that neighbors in the area were satisfied Council Activities October 24, 1989 Page 3 with the proposal. He requested that Council give two considerations to the ordinance tonight and it be passed at the next meeting 11/14. Moved by Horowitz, 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 Horowitz, seconded by Ambrisco, that the ordinance amending the Zoning Ordinance by conditionally changing the use regulations of certain property located at 2602 Rochester Avenue from RS-�g85 " 5 and ID -RS to RS -5 (Oakbrooke Place), be given second vote for passage. Kubby noted that the property was considered moderately to steeply sloping terrain and regarded as environmentally sensitive and questioned what types of terracing would be used. John Moreland explained he Initiated the request for conditional zoning of the 18 lots. He explained that the street will come In at the high end of the property and will not require nearly as much grading. In response to the question regarding terracing, he stated that all but two. lots will have walk out basements, allowing the yards to remain natural but requiring some terracing - and/or fencing.Horowitz noted she had toured the property that day and that at the far end of the cul-de-sac there were a large number of lots but the floodplain would not be developed. Balmer and Courtney complimented Mr. Moreland on the proposed development, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance to vacate the easterly ten feet of Linn Street between Harrison Street and Ralston Creek and the southerly ten feet of Harrison Street between Malden Lane and Linn Street (S&M Properties). John Rummelhart asked Council how the street vacation was originally initiated. The City Manager explained City owned CDBG parcels had been bid on three separate occasions to the.public. The last time they were bid an additional ten feet was Incorporated in the sale in hopes of improving the value of the property. He explained that the street right-of-way was 80 feet and that vacation of the 10 feet would not affect the street design now or in the future.. The City Manager explained that the ten feet had not been vacated and was being incorporated into the sale of adjoining property. Asst. City Atty. Gentry explained that the public was notified through the publication of the vacation notice and throughout the entire bidding process for the parcels., Mr. Rummelhart stated he felt the proposed development was great but urged Council to be aware of parking problems in the area. Larson stated that this parcel does not effect any plans for a footbridge In that area and was glad to see that parcel sold and put back on the tax rolls. Grace Jochimsen, property owner in the area, appeared objecting strongly to the selling of the ten foot right-of-way. She stressed the Importance of more parking for the area and asked if that j ten feet could be used for angle parking for the area. Developer Moreland explained the importance of the ten feet on his development, PPD Director Schmeiser explained that the vacation of the len feet will not affect the parking options in the area because of the remaining width of the street. Larson asked staff and Council to be aware of and look at parking needs of merchants in the area. i Council Activities October 24, 1gag Page 4 i Moved by Larson, seconded by Balmer, that the ordinance to vacate the easterly len feet of Linn Street between Harrison Street and Ralston Creek and the southerly ten feet of Harrison Street between Maiden Lane and Unn Street (S&M Properties), be given first vote for /887 passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the motion carried.. I A public hearing was held on an ordinance vacating a utility easement in Block 47 Iowa /9,98 City, Iowa (Mercy Hospital). No one appeared. 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 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 vacating a utility easement in Block 47, Iowa City Iowa (Mercy Hospital), be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. . Moved by Balmer, seconded' by Courtney, that the ordinance amending the Zoning` Ordinance by changing the use regulations of certain property in northwest Iowa City, generally f located northeast of U.S. Highway 218 and west of Camp Cardinal Road from ID -ORP to ID- RS (Deer Creek), be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried, I Moved by Ambrisco, seconded by Horowitz, that the ordinance to amend the Zoning t Ordinance regulations of the Neighborhood Commercial, CN -1, Zone, be given second vote „I. for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried Moved by Ambrisco, seconded by Courtney, that the ordinance to amend the Zoning Ordinance to define variety stores, be given second vote for passage. Affirmative roll call vote /89-L unanimous, 7/0, all Councilmembers present, The Mayor declared the motion carried. Moved by Ambrisco, seconded by Horowitz, to make the following appointments: re- i appoint Rosalie Reed, 730 Brown St., Dorothy Paul, 2 Glendale Ct. and Haywood Belle, 311 /893 Haywood Drive, to the Human Rights Commission for three-year terms ending 1/1/93; re- appoint Mary Weldeman, 1308 Muscatine Ave, and John. Watson, 403 Elmridge Avenue to /fffZ the Parks and Recreation Commission for four-year terms ending 1/1/94; re -appoint Catherine /P9s Johnson, 242 Ferson Ave., to the Bd. of Adjustment for a five-year term ending 1/1/95, Balmer { encouraged citizens to apply for City Boards and Commissions, noting that the re -appointments made tonight will add continuity to the Boards and Commission. Ambrisco encouraged Individuals to call him regarding their qualifications after they had applied. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Kubby noted that City Council agendas and meeting packets are bein 89G printed on recycled paper. Larson urged everyone to look Into the Issues and candidatesand 7 vote 11/7. Kubby noted two upcoming forums, 10/26, sponsored by Environmental Advocales�P l'■ i_ Moved by Ambrisco, seconded by Horowitz, that the ordinance to amend the Zoning t Ordinance regulations of the Neighborhood Commercial, CN -1, Zone, be given second vote „I. for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried Moved by Ambrisco, seconded by Courtney, that the ordinance to amend the Zoning Ordinance to define variety stores, be given second vote for passage. Affirmative roll call vote /89-L unanimous, 7/0, all Councilmembers present, The Mayor declared the motion carried. Moved by Ambrisco, seconded by Horowitz, to make the following appointments: re- i appoint Rosalie Reed, 730 Brown St., Dorothy Paul, 2 Glendale Ct. and Haywood Belle, 311 /893 Haywood Drive, to the Human Rights Commission for three-year terms ending 1/1/93; re- appoint Mary Weldeman, 1308 Muscatine Ave, and John. Watson, 403 Elmridge Avenue to /fffZ the Parks and Recreation Commission for four-year terms ending 1/1/94; re -appoint Catherine /P9s Johnson, 242 Ferson Ave., to the Bd. of Adjustment for a five-year term ending 1/1/95, Balmer { encouraged citizens to apply for City Boards and Commissions, noting that the re -appointments made tonight will add continuity to the Boards and Commission. Ambrisco encouraged Individuals to call him regarding their qualifications after they had applied. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Kubby noted that City Council agendas and meeting packets are bein 89G printed on recycled paper. Larson urged everyone to look Into the Issues and candidatesand 7 vote 11/7. Kubby noted two upcoming forums, 10/26, sponsored by Environmental Advocales�P l'■ Council Activities o i 1 October 24, 1989 Page 5 at 7 p.m. at the Library and one 10/30 at 6:30 p.m. sponsored by the League of Women Votes also in the Library. McDonald noted that a third forum is scheduled for 11/5 at the First/999 Christian Church at 9:15 a.m. Balmer noted that there will be a ballot question concerning oo Westport Plaza on the ballot and urged everyone to read the question and encouraged groups to help educate people on the language of the question, Larson noted that if you're in favor/9o/ of Westport Plaza you would be voting "no," those not in favor would be voting ,'yes. Ambrisco noted an operational policy of the City Manager's office requiring a certificate of/?,4z insurance with specific limits of liability be filed prior to the issuance of a permit to picket. The City Manager explained his office has had a number of requests to picket on public right-of- way and that the policy has been in place that would require groups requesting permission to picket with 12 or more people Indemnify the City with a certificate of insurance. Roughly one P month ago he received a request from one group that in his judgment was requesting an inordinate amount of time, and stated he felt authorization of groups and/or Individuals on a Y week to week basis was proper. Ambrisco stated he had confidence in the City Manager's judgment and taking things on the basis of what is reasonable. The City Manager stated any I group or individual has the right to come to City Council with such matters. Horowitz reported ?0 3 i on her 31/2 hour meeting with the Technical Advisory Committee on Solid Waste Management. She stated the study would take another three months to complete and that the Committee was looking at ways to reduce the amount of time needed to complete the study. She stated { that a number of people are participating and that a six county region is involved In the long range plan for solid waste management.She Informed citizens that a public hearing will be I ' held. Horowitz stated she had received phone calls regarding leaf burning and clarified that/A4 " 4 - individuals could call the Fire Dept. and ask that the fire be put out. Courtney reported on a X90 i I i recent encounter with actress Roseanne Barr at the Homecoming football game. McDonald / DG stated he had received a phone call from the Mayor of Owensboro, Kentucky,' regarding a recent project completed by an intern at the City. Owensboro studied midwestern cities similar to them in character and nature and will be visiting ten top cities. The Mayor stated that Iowa City is among those ten and City officials will be visiting Iowa City around the first of i - November: Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-255, Bk. 102, p. 255, LEASE AGREEMENT WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY, IOWA; FOR OPERATION OF A NEIGHBORHOOD CENTER FACILITY ON CITY PROPERTY. Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the resolution adopted i M d b B 1 d d b ve y a mer, secon e y Ambrisco, to adopt RES. 69-256, Bk. 102, p. 256, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST ti AN AGREEMENT WITH NEUMANN MONSON, P.C., ARCHITECTS, FOR THE PROVISION OF ARCHITECTURAL, ENGINEERING, AND PLANNING SERVICES IN CONJUNCTION WiTH THE DESIGN OF A PARK/SPORTS COMPLEX ADJACENT TO THE NEW WASTEWATER 9D8 TREATMENT PLANT SOUTH OF IOWA CITY. Courtney stated that the proposed complex would Include 10-12 full-size soccer fields, 4-5 softball diamonds and be family oriented. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ! resolution adopted. Council Activities October 24, 1989 Page 6 Moved by Ambrisco, seconded by Balmer, to, adopt RES. 89.257, Bk. 102, p. 257, APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH MIKE FURMAN BUILDERS FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY AT 612 SOUTH CAPITOL/9a9 STREET (Capitol View Apartments). Horowitz questioned if any more has been done about the possibility of restricting parking near the alley on Lafayette between Clinton and South Capitol The City Manager will have the Traffic Engineer look at the area and report back. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. i Moved by Balmer, seconded by Ambrisco, to adopt RES, e9-258, Bk. 102, p. 258, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINA- TION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF�9ia IOWA COMMUNITY CREDIT UNION. In response to Larson, the City Manager explained that this procedure was fairly common. Jeff Kern, owner of the property, explained that 1/7th of the loan is forgiven each year. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. _ Moved_ by Ambrisco, seconded by Kubby, to adopt RES. 89-259, Bk. 102, p. 259,-. AUTHORIZING EXECUTION OF A REVISED ANNUAL CONTRIBUTIONS CONTRACT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,PROJECT #IA-05-VO22-008, Kubby noted she was glad that some of the vouchers were for multi -family bedroom units. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco,, to defer to 11/14/89 consideration of an ordinance amending Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, by t rh amending Sections 17.2 and 17-3 to require owners of rental property not residents of Johnson ZZI County and condominium associations to designate, a local operator empowered to represent - a property owner(s) concerning compliance with the Iowa City Housing Code. Courtney questioned whether the proposed. ordinance applies to mobile home courts. HIS Director Boothroy stated that mobile homes were treated as individual dwelling units. The Mayor declared the motion carried unanimous, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Courtney, to adjourn 9:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. $$ JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK i City of Iowa City MEMORANDUM DAT E : October 20, 1989 TO : City Council FROM: City Manager R E : Material in Information Packet Memoranda from the City Manager: i l a. Yard Waste Collection and Disposal , i b. Boards and Commissions - Planned Activities for FY90 Memoranda from the City Manager: a. Yard Waste Collection and Disposal b. Boards and Commissions - Planned Activities for FY90 Copy of letter from Councilmember Horowitz to the Iowa Department of Natural Resources regarding solid waste management plan. Copy of letter from City Manager nominating Douglas Boothroy to serve ) ' on the Housing Advisory Council. /9/6 1. Letter from ICAD Group expressing appreciation for payment from the City Letter from the Schoenmaker family regarding the Neuzil property. Letter from Derrill Klinzman regarding parking on Westwinds Drive. a Letter from Joseph Company with an update of their project. Article: What causes a pothole? Memo from City Manager regarding Proposed Arts Facility. TO COUNCIL ONLY: 1AjI1 Letter from the Johnson County Auditor. /9d3 City of Iowa City MEMORANDUM TO : City Council FROM : City Manager R E : Material in Information Packet DA -TE : October 20, 1989` Copy of letter from City Manager nominating Douglas Boothroy to serve �. on the Housing Advisory Council. /9/6 Letter from'ICAD Group expressing appreciation for payment from the City ;1 :.Letter from the Schoenmaker'family regarding the Neuzil property. Letter from Derrill Klinzman regarding parking on Westwinds Drive. Letter from Joseph Company with an update of theirproject. `Jd0 Article: What causes a pothole? /Y.2 / Memo from City Manager regarding Proposed Arts facility. /9d.2 TO COUNCIL ONLY: Memoranda from the City Manager: a. Yard Waste Collection and Disposal /9/3 b. Boards and Commissions - Planned Activities for FY90 i Copy of letter from Councilmember Horowitz to the Iowa Department of Natural Resources regarding solid waste managementplan. /S Copy of letter from City Manager nominating Douglas Boothroy to serve �. on the Housing Advisory Council. /9/6 Letter from'ICAD Group expressing appreciation for payment from the City ;1 :.Letter from the Schoenmaker'family regarding the Neuzil property. Letter from Derrill Klinzman regarding parking on Westwinds Drive. Letter from Joseph Company with an update of theirproject. `Jd0 Article: What causes a pothole? /Y.2 / Memo from City Manager regarding Proposed Arts facility. /9d.2 TO COUNCIL ONLY: