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Home My WebLink About1988-06-28 Minutes numberedCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES June 28, 1988 Iowa City Council, reg. mtg., 6/28/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Larson, McDonald, Strait. Absent: Dickson. Staffinembers present: Atkins, Helling, Timmins, Karr, Donner, Schmeiser. Council minutes tape recorded on Tape 88-37, Side 2, 660 -End; 88-38, Side 1, 1 - End and Side 2, End -1; 88-39, Side 1, 1-349. The Mayor presented the Award of Financial Reporting Achievement to 9-74 Finance Director Rosemary Vitosh, and the Certificate for Excellence in 9a 7 Financial Reporting to City Controller Monica Bieri. *- 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 6/14/88, as published, subject to correction, as recommended by the City Clerk. 9a9 9a 9 Minutes of Boards and Commissions: Broadband Telecomm. Comm.- 3° 4/20/88, 5/18/88; Housing Appeals Bd. - 5/10/88; Housing Comm.- 9.3/ 5/10/88; P&Z Comm. - 5/19/88; P&R Comm. - 5/11/88; Historic Preserva- 9 9.z tion Comn. spec. mtg. - 5/4/88; Sr. Center Comm. - 4/18/88, 5/16/88. 33 93 Permit Motions and Resolutions: Approving a Class C Beer Permit for Sinclair Marketing, Inc. dba Sinclair Retail & Convenience Store, 2 s 2153 ACT Circle. Approving a Class C Liquor License for Motif Ltd_ 936 dba M.T. Cohen, Old Capitol Center #279. Approving a Special 14 -Day Permit for Elvis Jordan dba Taste of Iowa City Summerfest '88, 100123 7 Hwy. 6 East. Approving a Special Class C Beer/Wine Permit for Pamela 93Y Jo Gaines dba The Kitchen, 9 South Dubuque Street. Approving a Class E Beer Permit for Drug Fair, Inc. dba Peoples Drug #5281, 121 E-23 9 Washington Street. Approving a Class C Liquor License for Keith Dempster dba The Mill Restaurant, 120 E. Burlington Street. 2 4 Approving a Special Class C Beer/Wine Permit for Farmers Market and Bakery LTD., dba Farmers Market and Bakery LTD, 112 S. Linn Street. 94"/ Approving a Liquor License refund for Douglas A. Tvedt dba The 9!1L Airliner, 22 S. Clinton Street. Approving a Class C Liquor License for American Legion, Roy L. Chopek Post #17 dba American Legion, Roy 9 .s L. Chopek Post #17, 3016 American Legion Rd. Approving a Class C Liquor License for Vita's of Iowa City Inc, dba Vito's, 118 E.-f±ft College Street. Approving a Class C Liquor License for Oldies, Inc. 951s' dba Golden Oldies, 1910 S. Gilbert Street. RES. 88-140, Bk. 98, p. 906 140, ISSUING DANCING PERMITS. RES. 88-141, Bk. 98, p. 141, ISSUING 9 *7 CIGARETTE PERMITS. Motions: Approving disbursements in the amount of $3,826,321.37 for the period of 5/1 through 5/31/88, as recommended by the Finance 1748 Dir., subject to audit. Resolutions: RES. 88-142, Bk. 98, p. 142, ADOPTING SUPPLEMENT 742 NO. 36 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY. Council Activities June 28, 1988 Page 2 Correspondence: Memo from the Traffic Engr. regarding the 9So "Yield" sign at Crestview Avenue and Upland Avenue. Applications for the Use of Streets and Public Grounds: Kay 9S/ Hyman on behalf of the American -Soviet Peace Walkers for permission to walk on City streets from the City limits on Rochester to Mercer Park and to release balloons from Mercer park on 7/3/88, approved. Sylvan Addink for permission to have a run to benefit Project GREEN 952 on 8/27/88, approved. John Higgins of New Pioneer Co-op to close a 953 portion of Van Buren Street for a dance on 7/30/88, between the hours of 9:00 p.m. and 1:00 a.m., denied. Application for City Plaza Use Permit: Deborah Conger for -2 -EL permission to set up a table on City Plaza on 6/18, 6/25/88 to offer buttons and T-shirts for sale and to advertise the Peace Walk, approved. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 7/12/88, on an ordinance to vacate a portion of Maiden Lane. The Mayor 9.55 declared the motion carried unanimously, 6/0, Dickson absent. Moved by Courtney, seconded by Ambrisco, to set a publichearing for 7/12/88, on an ordinance to rezone properties at 1807, 1809, 1813, 1819,20- 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8. Horowitz requested all property owners affected be notified of the public hearing. PPD Director Schmeiser present for discussion. The Mayor declared the motion carried unanimously, 6/0, Dickson absent. A public hearing was held on an ordinance to vacate portions of 95 Capitol and Bloomington Streets. Karen Kubby, 802 E. Washington, requested the section to be vacated. The Mayor stated that Bloomington Street from Capitol Street west to mid -block east of Madison Street and a 10 -foot wide strip on the west side of Capitol Street between Davenport and Bloomington Streets would be vacated. Moved by Ambrisco, seconded by Larson, that the ordinance to vacate portions of Capitol and Bloomington Streets be given first vote for 95y passage. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that the ordinance to amend the Zoning Ordinance parking requirements in the CB -2 zone, be given 959 second vote for passage. Councilmember Larson stated he would be voting against the proposal because he felt the timing was poor and that this request should be tied in with the study in the overall downtown area. A 1 d the motion carried 5/1 with the following division of The Mayor ec are roll call vote: Ayes: Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson, Absent: Dickson. Council Activities June 28, 1988 Page 3 Moved by Courtney, seconded by Ambrisco, that ORD. 88-3383, Bk. 29, p. 25, TO AMEND THE HIGH-RISE DWELLING, GRADE, AND STORY DEFINITIONS IN THE ZONING ORDINANCE. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-143, Bk. 98, p. 143, APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDIVISION, PART 3, g(, a 9.62 acre, 27 -lot residential subdivision located north of Rohret Road and east of Phoenix Drive. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. i' Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-144, Bk. 98, p. 144, APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDIVISION, 9�.2 PART 4, a 12.242 acre, 28 -lot residential subdivision located generally north of Rohret Road and east of Phoenix Drive. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Courtney, to adopt RES. 88-145, Bk. 98, p. 145, APPROVING THE PRELIMINARY PLAT OF LOTS 9, 10 AND 11, BLOCK 1, 963 BRAVERMAN CENTER, a 13.65 acre subdivision generally located south of K - Mart between Keokuk Street and Broadway Street and the final plat for Lot 9, Block 1, Braverman Center, a 1.10 acre lot located near the intersec- tion of Southgate Avenue and Keokuk Street. Councilmember Horowitz inquired as to the type of commercial development that would be located on new Lot 9 (previously Lot 11) in connection with a possible high-rise for the elderly on Broadway. Ralph Stoffer, Southgate Development, appeared. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to accept the recommendation of the Planning and Zoning Commission concerning a request for an amended Conditional Use Permit to allow the placement of a storage building on the grounds of Pleasant Valley Golf Course in the County. Councilmember 961 Larson questioned if the applicant would have to reapply if the location of the building changed. PPD Director Schmeiser stated that the process would be the same, first apply to the County and then to the City forthe recommendation. The Mayor declared the motion carried unanimously, 6 Dickson absent. Moved by Ambrisco, seconded by Courtney, to approve the recommenda- tion from Planning and Zoning concerning a request for a Conditional Use Permit to establish a law enforcement firearms training facility in the x/66 County. The following people appeared: Det. Michael Goldberg, Iowa City police Dept. and project manager; Lt. Mike Emerson, Cedar Rapids Police Dept.; Mary Hebl, R.R. 3; Casey Cook, Planning and Zoning Commission; Roger Hurt, R.R. 3; Atty. Ralph Neuzil, representing the property owner Neva Haman; Don Slothower, R.R. 3; W. Krajewski, R.R. 3; Tim Thompson, R.R. 3; Diana Thrift, R.R. 3; and PPD Director Schmeiser. After discussion, original motion withdrawn. Moved by Ambrisco, seconded by Strait, to defer consideration of this until Council and staff compiled additional information. The Mayor declared the motion to defer carried unanimously, 6/0, Dickson absent. Council Activities June 28, 1988 Page 4 A public hearing was held on plans, specifications, form of contract and cost estimate for the FY89 Landfill Excavation Project. The City 946 Manager clarified that the portion of this project dealing with the firearms training facility would be bid as an addendum. No one appeared. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-146, Bk. 98, p. 146, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE FY89 LANDFILL EXCAVATION PROJECT AND AUTHORIZING BIDS TO 96 7 BE RECEIVED JULY 19, 1988, with the provision that the bid letting show construction of the firearms training facility as an alternative part of the bid. Councilmember Horowitz stated she had not reviewed the documents and would not approve something she had not reviewed. The Mayor declared the resolution adopted, 5/1, with the following division of roll call votes: Ayes: Courtney, Larson, McDonald, Strait,' Ambrisco. Nays: Horowitz. Absent: Dickson. Maggie Penzinger, 632 Reno St., noted individuals who celebrate the 94 P 4th of July with fireworks in the cemetery and private yards and questioned City regulations regarding safety. The City Manager cited city and state regulations and stated additional police will be patrolling the streets this year with the severe dry conditions. Council asked citizens to contact the Police Dept. immediately when someone is handling fireworks and urged local media to make citizens aware of the hazards and strict enforcement of the law this year.- Karen Kubby, 802 E. Washington, asked9� for an update on her request to make the traffic signals on Hwy. 1 near j Dane's Dairy flashing/blinking during non -peak hours. Council noted concerns regarding the speed in the area, school buses, and vehicles getting stacked up in the median for leaving the signals cycled. E. L. 97,0 Gjovig, 50 Wakefield Ct., presented information regarding the Waterloo bus system operating in the black and requested City investigate possible alternatives here. The Mayor announced that no applications have been received for the 9 7/ Housing Commission vacancy and the vacancy would be re -advertised. Councilmember Ambrisco noted the Arts Committee Iowa City/Coralville 9 ZZ Chamber of Commerce Statement of Purpose furnished in the packet. He supported expanding cultural events and volunteered himself to help facilitate this in any way. Councilmember Larson publicly thanked staff 9 73 for amending the pest control notice as previously discussed. Strait -E-70 7`i' inquired as to the status of a complaint from local contractors and trade unions concerning the Paul Laurence contract for the Wastewater Treatment Plant. The City Mgr. reported that Stanley Consultants is monitoring the situation. Horowitz noted a phone call inquiring as to the required 9 75 utility deposit when the property was not serviced by City water. She agreed the deposit was appropriate but noted that similar problems would be coming up in the future. Courtney reported on property along First 9 76 Avenue that should be investigated by staff in violation of the weed control ordinance. The City Manager recommended that the Jaycee sponsored July 4th 9 7 fireworks display be cancelled to avoid serious fire hazards. Fire Chief Donner noted concern over dry weather conditions and re-emphasized Council Activities June 28, 1988 Page 5 citizens forego private celebrations also. Council agreed to cancel the fireworks display of July 4th. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-147, Bk. 98, p. 147, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN 9 7f APPLICATION TO THE IOWA DOT CAPITAL MATCH LOAN BANK. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolu- tion adopted. Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-148, Bk. 98, p. 148, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERIC TO ATTEST THE AGREEMENT FOR RISE FUNDING OF HIGHWAY 1 NORTH IMPROVEMENTS. The City Mgr. -'775? stated that there is a risk involved with the funding -in that we have to guarantee the creation of 115 new jobs in the private sector. The Mayor noted that at the worst the City would be completing the project, spending 504 on the dollar. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-149, Bk. 98, p. 149, AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF 80 TRANSPORTATION, signalization of Hwy. 1 (Dodge Street) and Church Street. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-150, Bk. 98, p. 150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS AUTHORIZING USE OF PUBLIC RIGHT-OF-WAY AND ACKNOWLEDGING ENCROACHMENT ONTO A SEWER EASEMENT, ON LOT 21, WINDSOR HEIGHTS ADDITION 9 8 1 Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-151, Bk. 98, p. 151, AMENDING THE HOUSING REHABILITATION PROGRAM FOR OWNER -OCCUPIED AND 98 2 RENTAL HOUSING PROPERTIES IN IOWA CITY. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-152, Bk. 98, p. 152, APPROVING THE REVISED CITIZEN PARTICIPATION PLAN, A POLICY GUIDE FOR CITIZEN PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 9 83 PROGRAM IN IOWA CITY TO REFLECT THE SECTION 508 REQUIREMENTS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-153, Bk. 98, p. 153, APPROVING AMENDMENT TO JOINT POWERS AGREEMENT AND DECLARATION OF TRUST, IOWA PUBLIC AGENCY INVESTMENT TRUST. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES..88-154, Bk. 98, p. 154, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH VON 985 BRIESEN AND PURTELL, S.C., BY STEVEN B. RYNECKI, FOR LABOR NEGOTIATION Council Activities June 28, 1988 Page 6 SERVICES. The City Mgr. stated an assessment regarding negotiation being done in-house showed that Mr. Rynecki brought not only an expertise but an understanding of the complexity of labor laws and recommended he be retained. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Larson, seconded by Strait, to adopt RES. 88-155, Bk. 98, p. 155, APPROVING SETTLEMENT OF HERITAGE CABLEVISION, INC., LITIGATION AND 9Pi AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A SETTLEMENT AGREEMENT. Larson noted an article in the Daily Iowan and reiterated that the City still had an option to go back and try to recover revenues derived from cable usage at the University. Asst. City Mgr. Helling stated the Broadband Telecommunications Commission had discussed the settlement and recommended acceptance as proposed. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-156, Bk. 98, p. 156, AMENDING BUDGETED POSITIONS AT THE LIBRARY relating to Children's f87 Librarian and Youth Services Coordinator positions. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, that ORD. 88-3384, Bk. 29, P. IOWA6CITY, DING IOWA,CHAPTER ENTITLED2.1 OF THE "TAXATION ANDACODE OF REVENUES,"RBYNANCES ADDINGOF THE THERETOIAYOF NEW 170 ARTICLE TO BE CODIFIED AS ARTICLE V AND TO BE ENTITLED "MUNICIPAL BOND FINANCING," TO PROVIDE A PROCEDURE FOR ISSUING DUPLICATE BONDS FOR LOST OR STOLEN BONDS, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Courtney, 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- 3385, Bk. 29, p. 27, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA (1) BY REPEALING SECTIONS 17-1, 17-3, 17-4, 17-5, 989 17-7 AND 17-8, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, PROVIDING FOR THE ELIMINATION OF THE EXEMPTION OF CERTAIN CONDOMINIUM AND COOPERATIVE UNITS FROM INSPECTION, TO AUTHORIZE REINSPEC- TION FEES AND FILING FEES FOR HOUSING APPEALS, AS SET BY RESOLUTION, TO AUTHORIZE AN ADDITIONAL REMEDY FOR THE CORRECTION OF HOUSING VIOLATIONS, TO ENSURE THAT CERTAIN HOUSING REQUIREMENTS ARE CONSISTENT WITH CURRENT BUILDING AND ZONING CODES, AND TO CLARIFY CERTAIN OTHER EXISTING PROCEDURES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Courtney, to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. Affirmative Council Activities June 28, 1988 Page 7 roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried and adjourned to executive session 10:10 p.m. JOHN MCDONALD, MAYOR i i. Council Activities June 28, 1988 Page 7 roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the motion carried and adjourned to executive session 10:10 p.m. JOHN MCDONALD, MAYOR City of Iowa City MEMORANDUM DATE: June 14, 1988 TO: Memo for Record FROM: City Manger RE: Material Sent to Council Only Memoranda from the City Manager: c. Construction Permits d. Board of Adjustment - Preucil School e. Highway 1 North - RISE Project Meomoranda from the City Clerk re vacation. FA 11 1 City of Iowa City MEMORANDUM DATE: June 17, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Copy of letter to Suzanne Summerwill, President of Downtown Association, regarding care of landscaping in Plaza. Memorandum from the Planning Staff regarding Affordable Housing Study, June Memoranda from the City Manager: a. Board and Commission Expenses b. Paul Laurence Contract c. Business Development, Inc.,/Speculative Building Project Letter from the Iowa City Public Library Director regarding Hazel Westgate. Calendar for July 1988. City of Iowa City Fr-- MEMORANDUM Date: June 24, 1988 To: City Council From: City Manager Re: Materials in Friday's Information Packet Copy of a memorandum from the Transportation Planner regarding the Highway 1 North RISE Project. (This memorandum refers to Item No. 12 on Council's June 28, 1988, regular meeting.) /DO/ Copy of a letter from the City Manager to David Hingtgen of Iowa Electric Light 8 Power Company regarding the Johnson County Host Plan. 00 Copy of the Civil Service Commission agenda regarding meetings for the week of June 20th held for the purpose of interviewing entry level Firefighter candidates. 10,10 Copy of an article provided by Karen Kubby regarding plastic cans. 00 Copy of letter from MacDonald Smith re Firefighthers v. City. 1065 Memorandum from the City Mgr.: a. HUD review and Keokuk/Hwy. 6. 1006 Memorandum from the City Mgr. re Reconstruction - Gay's Locker. Memorandum from the City Mgr. re Mercer Park Aquatic Center. Memorandum from the Transportation Planner re Traffic volume study at the intersection of Dubuque Street and Foster Road. i 9 I City of Iowa City MEMORANDUM TO: Memo for Record FROM: City Manger RE: Material Sent to Council Only DATE: June 14, 1988 Memoranda from the City Manager: 11111M - oft c. Construction Permits d. Board of Adjustment - Preucil School e. Highway 1 North - RISE Project Meomoranda from the City Clerk re vacation. City of Iowa City MEMORANDUM DATE: June 17, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Copy of letter to Suzanne Summerwill, President of Downtown Association, regarding care of landscaping in Plaza. Memorandum from the Planning Staff regarding Affordable Housing Study, June Memoranda from the City Manager: a. Board and Commission Expenses b. Paul Laurence Contract c. Business Development, Inc.,/Speculative Building Project Letter from the Iowa City Public Library Director regarding Hazel Westgate. Calendar for July 1988. PE■ City of Iowa City MEMORANDUM FF Date: June 24, 1988 To: City Council From: City Manager Re: Materials in Friday's Information Packet Copy of a memorandum from the Transportation Planner regarding the Highway 1 North RISE Project. (This memorandum refers to Item No. 12 on Council's June 28, 1988, regular meeting.) L Copy of a letter from the City Manager to David Hingtgen of Iowa Electric Light h Power Company regarding the Johnson County Host Plan. L Copy of the Civil Service Commission agenda regarding meetings for the week of June 20th held for the purpose of interviewing entry level Firefighter candidates. L Copy of an article provided by Karen Kubby regarding plastic cans. L Copy of letter from MacDonald Smith re Firefighthers v. City. Memorandum from the City Mgr.: a. HUD review and Keokuk/Hwy. 6. Memorandum from the City Mgr. re Reconstruction - Gay's Locker. Memorandum from the City Mgr. re Mercer Park Aquatic Center. Memorandum from the Transportation Planner re Traffic volume study at the intersection of Dubuque Street and Foster Road. N