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HomeMy WebLinkAbout1988-04-19 Minutes numberedu o - COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES April 19, 1988 Iowa City Council, reg. mtg., 4/19/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Council -members present: Ambrisco, Courtney, Dickson, Larson, McDonald, Strait. Absent: Horowitz. Staffinembers present: Atkins, Helling, Timmins, Karr, Franklin, Vitosh, Cain, Schmadeke. Council minutes tape recorded on Tape 88-C28, Sides 1 & 2, 1 - End; 88-C29, Side 1, 1-149. The Mayor proclaimed April 17-24, 1988 as VOLUNTEER WEEK; April 17'-,f a 3 23, 1988 as VICTIM RIGHTS WEEK; April 23, 1988 as SPRING CLEAN-UP DAY;_5a V April 22, 1988 as GIRL SCOUT LEADERS' DAY. S� The Mayor noted the additions to the Consent Calendar. Councilmember Courtney requested the memo from Traffic Engr. regarding parking prohibi- 6i -?(- tion Princeton Road at First Avenue be deleted. Moved by Ambrisco, seconded by Strait, 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 4/5/88, as published, subject to correction, as recommended by the <-.;2 7 City Clerk. Minutes of Boards and Commissions: City Council and P&Z comm. S_?,�, joint meeting - 3/31/88; P&Z comm. - 3/17/88; Bd. of Library Trustees S3 i - 3/31/88; Airport Comm. - 3/9/88, 4/5/88; Housing Comm. - 3/8/88; B 3 2 Design Review Comm. - 3/31/88; Broadband Telecomm. Comm. - 311188,533 3/15/88; Resources Conservation Comm. - 3/14/88; P&R Comm. - 3/9/88. � Permit Motions and Resolutions: Approving a Class C Liquor 535 License for Small Enterprises, Ltd. dba Billaro's, 1210 Highland Ct.f 3 4 Approving a Class C Beer Permit for Stephen P. Lenoch dba Leo's 6'3 7 Standard Service, 130 N. Dubuque. Approving a Class C Beer Permit 53 8 for Thomas E. Harris dba Harris Discount, 71 Commercial Drive. RES. 53 9 88-64, Bk. 97, p. 64, ISSUING A CIGARETTE PERMIT. Approving a Special Class C Beer/Wine Permit for Magnifico Inc. dba Magnifico'sS�/O Mostly Italian, 1925 Broadway. Approving a Class C Liquor License for Kennedy Investments, Inc. dba The Vine Tavern, 529 S. Gilbert. .5441 Motions: Approving disbursements in the amount of $2,276,002.98 for the period of 2/1 through 2/29/88, as recommended by the Finance g4lz Dir., subject to audit. Resolutions: RES. 88-65, Bk. 97, P. 65, ADOPTING SUPPLEMENT 35L,13 TO THE CODE OF ORDINANCES FOR THE CITY OF IOWA CITY, IOWA. Correspondence: Johnson County Auditor regarding cost of Local_5_-1/X Option Tax Election held 10/6/87. Attorney Ermnit George regarding_71/5 proposal outside service area for Sports Column Bar and Grill. Memo from the Civil Service Comm. submitting certified lists of applicants for the following positions: Treatment Plant Operator/Pollution SN Control; Maintenance Worker I/Assisted (lousing; Water Meter 511, Reader/Water Division. S Y A Council Activities April 19, 1988 Page 2 Applications for Use of Streets and Public Grounds: Scott _-5_y__9__ Turner for the Iowa Gay and Lesbian Pride Week Parade to be held on 6/25/88, approved. Michael Streicher for the National Kidney_S 5 0 Foundation -Iowa Run/Walk to be held 5/21/88, approved. Jackie Kaiser 5 .5 / for the March of Dimes Walk -America to be held on 5/1/88, approved. Chris Metzler for the Delta Tau Delta Fraternity to use a city alleys 5.2 for a fund-raising car wash on 4/16/88 (rain date 4/17/88), approved. Application for City Plaza Use Permits: Latin American Human 517-1 Rights Advocacy Center to have a table on City Plaza from which to distribute literature and accept donations for craft items, approved. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. The City Mgr. stated the Traffic Engr. will report back re the parking prohibition on Princeton Road. A public hearing was held on an ordinance establishing a procedure for collection of fees to repay developers for costs incurred in installing off-site public facilities needed to support out -of -sequence -6-S1,4 development. No one appeared. Moved by Ambrisco, seconded by Strait, 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 first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance establishing a procedure for collection of fees to repay developers for costs incurred in _ _ installing off-site public facilities needed to support out -of -sequence -5 _565- development, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. A public hearing was held on a resolution to amend the 1983 Comprehensive Plan Update to change the land use designation of an 18.43 acre tract north of Rochester Avenue on Hickory Trail extended from -656 Agricultural/Rural Residential to Residential at a density of 2-8 dwelling units per acre. No one appeared. Moved by Dickson, seconded by Courtney, to adopt RES. 88-66, Bk. 97, p. 66, AMENDING THE 1983 COMPREHENSIVE PLAN UPDATE TO CHANGE THE LAND USE DESIGNATION OF AN 18.43 ACRE TRACT NORTH OF ROCHESTER AVENUE ON HICKORY =''5_ TRAIL EXTENDED FROM AGRICULTURAL/RURAL RESIDENTIAL TO RESIDENTIAL AT A DENSITY OF 2-8 DWELLING UNITS PER ACRE. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution v adopted. Moved by Courtney, seconded by Strait, 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. 88- 3372, Bk. 29, p. 14, TO REZONE AN 18.43 ACRE TRACT NORTH OF ROCHESTER -5 8 AVENUE ON HICKORY TRAIL EXTENDED FROM ID -RS TO RS -5 PURSUANT TO A CONDI- a Council Activities April 19, 1988 Page 3 TIONAL ZONING AGREEMENT. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Strait, to adopt RES. 88-67, Bk. 97, _ P. 67, APPROVING THE PRELIMINARY PLAT OF FIRST AND ROCHESTER, PART 3, AN 18.43 ACRE, 27 -LOT RESIDENTIAL SUBDIVISION LOCATED NORTH OF ROCHESTER AVENUE ON HICKORY TRAIL EXTENDED. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. A public hearing was held on an amendment to the Comprehensive Plan to change the land use designation for an area south of Willow Creek and =�b west of Mormon Trek Boulevard from Residential 2-8 dwelling units per acre to Residential 8-16 dwelling units per acre. No one appeared. Moved by Strait, seconded by Dickson, to adopt RES. 88-68, Bk. 97, p. 68, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN To CHANGE THE LAND USE DESIGNATION FOR AN AREA SOUTH OF WILLOW CREEK AND WEST OF MORMON TREK .h (o / BOULEVARD FROM RESIDENTIAL 2-8 DWELLING UNITS PER ACRE TO RESIDENTIAL 8-16 DWELLING UNITS PER ACRE. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. A public hearing was held to rezone 4.75 acres in the southwest quadrant of the intersection of Walden Road and Mormon Trek Boulevard from S6.L RS -8 to RM -12. No one appeared. Moved by Ambrisco, seconded by Strait, 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 first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance to rezone 4.75 acres in the southwest quadrant of the intersection of Walden Road and.—,— Mormon nd.,Mormon Trek Boulevard from RS -8 to RM -12, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. A public hearing was held on an ordinance to establish a Planned Development overlay (OPDH-12) on 4.75 acres in the southwest quadrant of the intersection of Walden Road and Mormon Trek Boulevard. No one appeared. Moved by Courtney, seconded by Strait, 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 first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, the 7ordinancees itothesblishsouthwest Planned Development Overlay ( ) a quadrant of the intersection of Walden Road and Mormon Trek Boulevard, he -� S given second vote for passage. Affirmative roll call vote unanimous, 6/0, Th M r declared the motion carried. m Horowitz absent. a ayo Council Activities April 19, 1988 Page 4 Moved by Dickson, seconded by Courtney, that the ordinance to rezone the site of Hunter's Run Subdivision, Parts 2 and 3 and a 57.66 acre tract immediately to the west from PDH -5 to RS -5, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Courtney, seconded by Larson, that the ordinance to rezone property located at 615 East Jefferson Street from RNC -20 to CO -1, be_:' % given first vote for passage. Individual Councilmembers explained the reasons for their vote on the matter. The City Attorney suggested the denial be formalized by acting on the resolution setting forth the reasons for denial which is the next item on the agenda. The Mayor declared the motion denied, 1/5, with the following division of roll call vote: Ayes: Courtney. Nays: Ambrisco, Dickson, Larson, McDonald, Strait. Absent; Horowitz. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-69, Bk. 97, P. 69, SETTING FORTH REASONS FOR THE DENIAL OF REZONING OF PROPERTY-� G LOCATED AT 615 EAST JEFFERSON STREET. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, that ORD. 88-3373, Bk. 29, p. 15, TO REZONE LOT 93, TY IN CAE SUBDIVISION, PART 2, LOCATED ON CAMBRIA S6 % COURT FROM PDH -8 TO RS -8, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-70, Bk. 97, p. 70, APPROVING THE PRELIMINARY AND FINAL PLAT OF CAMBRIA COURT, PART 2, -570 A 0.71 ACRE, THREE -LOT RESIDENTIAL SUBDIVISION LOCATED NORTH OF CAE DRIVE AND WEST OF CAMBRIA COURT. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, that ORD. 88-3374, Bk. 29, p. 16, STORAGE OF SPECIAL VEHICLES, be passed and adopted. Affirmative roll -5 71 call vote unanimous, 6/0, Horowitz absent. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Dickson, to adopt RES. 88-71, Bk. 97, p. 71, APPROVING THE REVISED PRELIMINARY PLAT AND THE FINAL PLAT OF VILLAGE GREEN, PART XI, A 41 -LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION5 %2 LOCATED SOUTH AND WEST OF THE INTERSECTION OF MUSCATINE AVENUE AND SCOTT BOULEVARD. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Larson, to defer the following to the 5/3/88 Council meeting: A resolution approving the preliminary plat of 573 Idyllwild Subdivision, a 20.80 acre, 68 -lot residential subdivision located west of Dubuque Street between Foster Road and Taft Speedway; a recommendation of the P&Z Comm, concerning the improvement of Foster Road,_5/ 11 - Taft Speedway, and Calibria Court in association with the preliminary plat r of Idyllwild Subdivision; a recommendation of the P&Z Comm. that the City_-`_' =_ Council request of the Johnson County Council of Governments that a Council Activities April 19, 1988 Page 5 traffic study of Dubuque Street between I-80 and Park Road be done. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent. Moved by Strait, seconded by Dickson, to accept the correspondence from -5_7G Don S Allison McCormack, Mary Ellen White, and Jim White. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent. The Mayor stated the matter will be scheduled for the 5/3 meeting for an update and not necessarily a vote, all the information may not be available. Jeff Husak, 540 Hawkeye Ct., and Karen Boecker, 414 S. Dubuque, distributed information re spraying of chemicals by pest control companies 5_77 in apartments of tenants that have not been notified and information/con- tents of the chemicals used are unavailable. Council requested staff investigate possible inclusion into the landlord legislation currently in place or research possible regulation of pest control companies directly. Staff will report back. The Mayor announced the following vacancies: Riverfront Cormn. - one -f 7o vacancy for an unexpired term ending 12/1/89; Design Review Comm. - one vacancy for an indefinite term. These appointments will be made at the 6/14/88 meeting of the City Council. Moved by Ambrisco, seconded by Dickson, to make the following appointments: Sue Licht, 611 Brookside Drive, to the Historic Preserva- 58 0 tion Comm, for an unexpired term ending 3/29/90; Emmett Evans, 807 7th—TY/ South, to the Sr. Center Comm. for an unexpired term ending 12/31/89. Councilmember Ambrisco noted an upcoming meeting of Council and the Bd. of Regents. Larson complimented Bruce Haupert on his presentation to 593 Council the previous evening re the Parks 6 Rec. Dept. Adopt -A -Bed program. Strait noted the departure of Civil Rights Coordinator Phyllis 954 Alexander. Courtney requested an update on the traffic study on Hwy. 1. Staff will report back. City Manager Atkins reported that Iowa City had been awarded $845,000 in state and federal aid from IDOT for a one million dollar project for S96 Hwy. 1 North improvements. Moved by Strait, seconded by Dickson, to adopt RES. 88-72, Bk. 97, p. 72, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE ELEVENTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY 59 7 FOR o absent. TRANSIT TheSERVICES. declaredrtheiresolutioncall adoptedunanimous , 6/0, Horowitz Moved by Ambrisco, seconded by Strait, to adopt RES. 88-73, Bk. 97, P. 73, AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLETION FOR URBAN - RENEWAL PARCEL 65-2b, part of the Paul -Helen Building. Affirmative roll -5 Q call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-74, Bk. 97, ^' P. 74, ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 1989, ENDING JUNE 30,-57 7 1989, FOR PUBLIC HOUSING PROJECTS 3, -4, 5. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. N Council Activities April 19, 1988 Page 6 Moved by Courtney, seconded by Ambrisco, to adopt RESTO. 88-75, Bk. 97, P. 75, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK ATTEST AN IOWA pROGRAMEPROJECTRAFOR THE UN SAG 6EEANDTFOR KEOKUKRB URBAN-STATE INTERSECTIONFIC G IMPROVE- PROGRAM MPROVE Syv MENTS. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Bk. 97, Moved by Anbrisco, seconded by Dickson, to adopt RES. 88-76, p. 76, AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE AN APPLICA- AND AUTHORIZING THE CITY TION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR PERMISSION FOR USE OF HIGHWAY RIGHT-OF-WAY FOR UTILITIES ACCOMMODATION, THE HALF ONS ON THE CITY'S IO ENGINEER TO EXECUTE ALL SUCH AAPPLICATNS BY THIRD PARTIES.BEPubliclWorks FUTURE, AND E time the City works on highway Director Schmadeke explained that any approval, this resolution authorizes Councilthe throughCity we ask their aPp approvals without going Engineer to acquire those unanimous, 6/0, Horowitz absent. The Mayor Affirmative roll call vote declared the resolution adopted. Moved by Dickson, seconded by Strait, to adopt RES,• 88-77, Bk. 97, P. OF THE PLANNED SOUTH WASTEWATER TREATMENT PLANT IN JOHNSON COUNTY, ALL IN 77, AUTHORIZING THE ACQUISITION ACCESS ROAD RIGH -OF -WAY TO THE SID N OF A coed on Friday, FACILITIES IMPROVEMENTS PROJECT. CONNECTION WITH IOWA CITY'S WASTEWATER were to be received an 6/0, Horowitz absent. April 29. Affirmative roll call vo The City Manager states bids opened te unanimous, The Mayor declared the resolution adopted. Bk. 97, P. Moved by Dickson, seconded by Strait, to adopt RES. 88-78, 78, APPROVING ADDENDUM NUMBER 2 To THE PLANS, SPECIFICATIONS AND FORM OF CONTRACT TO CHANGE THE DATE FOR COMMENCEMENT OF CONSTRUCTION OF THE SOUTH WASTEWATER TREATMENT PLANT FROM JANUARY 1, 1989, TO AUGUST 1, 1988, AND 5 93 AS Y FURTHER SUE ADDENDAZTHERETO CLARIFYINGBLIC RAND KS DEXPLAINING IRECTOR OTHE SSAID PLANS ECSPECIFICATIONS XD FORMSS OF ANDTSTRUCT THE WSTEWATERI TREATMENTON WITH FACILITIESEATRTHECEXISTINGNWASTEWATER ASTEWATER TREATMENT PLANT AND TO CONSTRUCT THE SOUTH /0, HorowitzR EATMENT 6 absent. FACILITIES. Affirmative roll call vote unanimous, / The Mayor declared the resolution adopted. Strait, to adopt RES. Bk. 97, P. Moved by Dickson, seconded by Affirmative roll call 79, ENGAGING AUDITOR Horowitz o RYEabsent JUNE 30, YEAR IB declaredtheresolution 7 i vote unanimous, /O , adopted. Moved by Dickson, seconded by Strait, that ORD. 88-3375, Bk. 29, P. 17, AMENDING CHAPTER 9.1 ENTITLED "CITY PLAZA" OF THE CODE OF ORDINANCTO ES 5 9� ENDIN PROHIBIT ANDYREGULATEWTHEOF IOACUSEITYIOFIBICYCLEOWA, ByS,SKATEGBOARDS SECTION THEREIN ROLLER SKATES COASTING OF ANY KIND IN THE CITY PLAZA, be passed and adopted. Council - member Larson requested the media dispense the information re this new m legislation tive roll call votlaw. Affirma- elunanimous�,a6/08dHorowitzvance tabsent.ice oE thaThew Mayor declared the ordinance adopted. Council Activities April 19, 1988 Page 7 Moved by Larson, seconded by Strait, approving Holiday Inn to alter their premises; authorizing them to proceed with appropriate subordination agreement concerning mortgages not to exceed $2.4 million; and this be S`6 done with the understanding that there be no occupancy certificate issued for the expansion until the City has concluded all mortgages and financial reviews that are necessary. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-80, Ek. 97, P. 80, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE AND ENTER INTO A CONSENT DECREE WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES REGARDING THE CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT. The City- % Attorney reviewed the status of negotiations and summarized the provisions of the resolution relative to the proposed consent decree. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adjourn 9:00 p.m. The Mayor declared the motion carried, 6/0, Horowitz absent. JOHN MCDONALD, MAYOR MARIAN KARR, CITY CLERK 4 M City of Iowa City MEMORANDUM DATE: April 15, 1988 TO: City Council (Memo for Record) FROM: City Manager RE: Material Sent to Council Only Memorandum from the legal staff regarding William Lekin property Copy of letter from City Manager to Dodge Fielding, WORLOVIEW, Inc., dated April 5, 1988. Memoranda from the City Manager: a. Sludge Hauling b. Miscellaneous (DNR Meeting, New Fire Truck, Outdoor Range, Renter Survey, Right -of -Way, Local Road,'Sewer Revenue Bonds, Animal Shelter, ICAD) 600 &0/ V m city of Iowa city MEMORANDUM DATE: April 15, 1988 TO: City Council FROM: City Manager RE: Material in Information Packet Letter from Civil Rights Coordinator announcing her resignation. Memorandum from the Fire Chief regarding update on hazardous substances charges. Memorandum from the Director of Finance and the Parking Supervisors regarding automation of parking tickets. Memorandum from the Chairperson of the Broadband Telecommunications CommissionL regarding a non-profit organization to operate and manage Public Access Channel 26. X05 JCopy of letter from the City of Cherokee regarding House File 2370. Copy of memorandum from the Downtown Association regarding recommendation to Planning and Zoning Commission on N.W. Bell. 6o y Notice of meeting of Southeast Iowa Municipal League. /oog