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Home My WebLink About1992-09-29 Council minutes ," 'If" - ..... .... 1 : '...:..:..- ,-' ...:..', '- . ~. OFFICIAL ACTIONS - 9/15/92 The cost of publishing the following proceedings and claims is $ . Cumulative cost for this calendar year fDr said publication is $ Iowa City City Council, roguiar mtg., 7:30 p.m. at the Civic Center. Mayor Courtney presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Absent: None. The Mayor proclaimed 9/12.19 as SPECIAL POPULATION'S WEEK; 9/22 os AMERiCAN BUSINESS WOMEN'S DAY; 9/17.23 as CONSTITUTION WEEK. Moved and seconded that the following items and recommondations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete item 31191 from the Consent Calendar and consider it as a separate item: Approval of Official Council Actions of the regular moeting of 9/1, as publishod, subject to correction as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Bd. . 7/15; Human Rights Comm. . 8/24; Historic Preservation Comm. . 8/18; Bd. of Adjustment. 8/12; Bd. of Library Trustees. 8/27; P&Z Comm. .9/3. Permit Motions: Class C 8eor Permit for Dan's Short Stop, 2221 Rochester Ave. Class B Beer Permit for Godfather's Pizza, 207 E. Washington St. Class C Liquor License for Saigon Restaurant, 209 S. Linn St. Class C Beer Permit for T&M Mini Mart, 2601 Hwy. 6 E. Class C Liquor License for Brown Bottle Restaurant, 115 E. Washington St. Class E Liquor License for Reliable Drug #5281, 121 E. Washington St. Class E Beer Permit for Reliable Drug #5281, 121 E. Washington St. Class C Beer Permit for Watt's Food Mkt., 1603 Muscatine Ave. Class C Liquor License for Wig & Pen Pub, 1220 Hwy. 6 W. Outdoor Service Area for Wig & Pen Pub, 1220 Hwy. 6 W. Refund for a Class E Beer Permit for Drugtown #2, 1221 N. Dodge. Setting Public Hearings: Announcing the date of 9/29, 7:30 p.m., tD receive public comments on the proposed pesticide ordinancos regarding commercial and private applicatiDns. Motions: Approving disbursements in the amount of $8,287,003.8B for the period of 7/1 through 7/31, as recommended by the Fin. Dir. subject to audit. Resolutions: RES. 92.243, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1992. RES. 92.244, AUTHORIZiNG THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A MORTGAGE EXECUTED BY IOWA CITY CAN MFG. COMPANY. RES. 92.245, ACCEPTING THE WORK FOR THE PLUM STREET IMPROVEMENT PROJECT. RES. 92.246, ACCEPTING THE WORK FOR THE EVANS STREET BRIDGE REPAIR PROJECT. RES. 92. 247, ACCEPTING THE WORK FOR THE SANITARY ."'.._._.........___,....wl....' ~.~__. -.-----------. - ... ~. Official Actions September 15, 1992 Page 2 SEWER, STORM SEWER, WATER MAIN AND PAVING IMPROVEMENTS PROJECTS FOR THE RESUBDIVISION OF LOTS 25 THROUGH 32, WEST SIDE PARK. RES. 92.248, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING IMPROVEMENTS FOR HUNTERS RUN PART VII. RES. 92.249, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING IMPROVEMENTS FOR PEPPERWOOD ADDITION, PART 9. RES. 92.250, RELEASING AN EXISTING DRAINAGE EASEMENT AND ACCEPTING A NEW SANITARY SEWER AND DRAINAGE EASEMENT LOCATED ON THE COMMON LOT LINE OF LOTS 20 AND 21 IN THE RESUBDIVISION OF LOTS 25 THROUGH 32, WEST SIDE PARK. RES. 92.251, AUTHORIZING AND DIRECTING THE FILING OF AN 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 FEDERAL TRANSIT ACT, AS AMENDED, FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. RES. 92.252, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A TIEST THE RELEASE OF A LIEN REGARDING APROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 1813 'G' STREET. Correspondence: Dorothy Huff regarding activities for teenagers. Janice Havener regarding definition of family. Mary E. Lester Stinski regarding parking prohibition in Capitol Street ramp. Invitation from Kevin Burt of Independent Living, Inc., to a 7:00 informal meeting regarding ADA on 9/15. Memorandum from the Traffic Engr. regarding short term parking meters on the west side of the 10 block of S. Van Buren St. Memorandum from Finance Dept. regarding notice Df purchase of equipment. Life Skills, 11IC., regarding a Housing Support Curriculum Project. Margery E. Hoppin regarding bus stops sicns on the west side of Clinton St. from Washington to Market and Dn Jefferson St. from Capitol to Dubuque. Old Capitol Center Merchants Association supporting the parking restrictions before 10:00am on the lower leveis Df the Capitol Street Ramp. Applicetion for City Plaza Use Permits: Natural Law Party to set up a table on City Piaze 919.11, from which to distribute literature and Dffer buttDns and bumper stickers for donations, approved. Latin American Human Rights Advocacy Center to set up table on City Plaza 9113.30, to distribute literature and offer crafts for donations, approved. I. ____. ~_.. II lUll . .&..... -- ~_IOII_ -......-.-... - .-. ~. Official Actions September 15. 1992 Page 3 Application far Use of Streets & Public Grounds: Sue Schuster tD use Ealing Dr. an 9n, far a neighborhood party, approved. V.F.W. 3949 to offer Buddy Poppies far donations an city sidewalks an 9/5, approved. New PiDneer Co.op to use Van Buren St. between the driveways into the east Civic Center parking IDt far Midwest Food Festival an 10/11, approved. DDwntDwn AssociatiDn to use sidewalks in downtown area fDr Sidewaik Sales an 9/24.26, approved. Knights of Columbus far permission to offer TDDtsie Ralls to pedestrians far donations to benefit special papulation groups an 9/19, approved. The Mayor declared the motiDn carried. Moved and seconded to adapt RES. 92.253, AUTHORIZING CONVEYANCE OF CITY.OWNED PROPERTY AT 451 RUNDELL STREET TO SALLY ANO JOHN CALLAHAN. A public hearing was held an an ordinance amending the Zoning Ordinance by changing the use regulations of an approximately five acre parcel located at 1301 Sheridan Avenue from I-I to RS.B. The fDIIDwing individuals appeared: Atty. Bob Downer, representing Advanced Drainage Systems; David PDula, representing James O'Briell, contract purchaser; Barbara Ludke, 1122 Sheridan Ave.; John Shaw, 437 S. Summit St.; Mary Brookhart, 1297 Sheridan Ave.; Pat Folsom, 739 Clark St.; Cecile Kuenzli, 705 S. Summit Ave.; Thomas H. Charlton, 821 S. 7th Ave.; Sally Hartman, 826 RODseveit; Susan Scott, 722 Rundell St.; Bob Ludke, 1122 Sheridan Ave.; Rita Minchk, 1225 Seymour Ave.; Chuck Scott, 722 Rundell St.; Tam Wendt, 606 Oakland Ave. Moved and soconded to accept the letter from Jan and Stephen Lacher. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to 10/13. The MaYDr'declared the motion carried. Moved and seconded to continue the public hearing an an ordinance vacating portions of Dubuque Road to 10/13. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Chapter 27 of the Code of Ordinances of Iowa City, Iowa, by repealing the Large Scale Residential and NDn.residential DevelDpment regulations and replacing them with the new Site Plan Review Ordinance, be given first vote far consideration. The Mayor deciared the motion carried. Moved and seconded that the ordinance amending Chapter 36, entitled 'Zoning Ordinance' of the Code Df Ordinances Df IDwa City, Iowa, by adopting sign regulations far the CB.5 zone, be given first vote far cDnsideratiDn. The Mayor declared the motion carried. Moved and secollded that the ordinance amending the Zoning Ordinance by amending Section 36.76, Perlormance Requirements, to establish new particulate matter emission requirements, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded that the rule requiring an ordinallce to be consider and voted an for final passaga at two Council meetings prior to the meeting at which it Is to be '" Official Actions September 15, 1992 Page 4 finally passed be suspended, the second consideration and vote be waived, and that ORD. 92.3549, AMENDING CHAPTER 36 OF THE CODE OF ORDiNANCES OF THE CITY OF IOWA CITY, IOWA ENTITLED 'ZONING" BY REPEALING THE HIGH RISE MUL TI.FAMIL Y RESIDENTIAL IRM.1451 ZONE REGULATIONS AND, WHERE APPROPRIATE, REPLACING RM.145 REGULA liONS WITH THE PLANNED HIGH DENSITY MUL TI.PAMIL Y RESIDENTIAL IPRM) REGULATIONS, be voted on for final passage at this time. The MaYDr declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved ,nd seconded to defer a resolution approving the preliminary plat of Furrows Edge Acres Subdivision of Johnson County, Iowa, tD the ~/29 meeting. The Mayor declared the motiun carried. Moved and seconded to adopt RES. 92.254, APPROVING THE FINAL PLA TOF PARK WEST SUBDIVISION, PART ONE, IOWA CITY, IOWA. Gene Kroeger, partner in Park West, appeared for discussion. Moved and seconded to adopt RES. 92.255, APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR ROCHESTER HILLS CONDOMINIUMS. The following individuais appeared regarding the cutting down of trees for the College Greell Park Restoration Project {Project Greenl: Brian Bachmann, 1131 Franklin St.; Steve Marsden, 1035 Howell St.; Rebecca Rosenbaum, 1035 Howell St.; and Timothy Keenan, 703 N. Dubuque St. Oavid Roe appeared regarding the City's cigarette ordinance. Larrv Schnittjer, MMS Consultants, appeared regarding environmental concerns surrounding the Rochester Hills Project. The Mayor announced the fallowing vacancies: Riverlront & Natural Area Comm. . two vacancies for three. year terms ending 12/1/95. These appointments will be made at the 10/27 meeting Df the City Council. Moved and seconded to appoint Michael Dean Homewood, 3592 Vista Park, to the Bd. of Electrical Examiners & Appeals for a journeyman electrician fDr a four. year term ending 10/25/96; re.appoint Keith Ruff, 601 S. Gilbert, Grace Cooper, 600 W. Benton, Mary Ann Dennis, 914 Fairchild, to the CCN Comm. for a three.year term ending 11/1/95; appoint Alan Mack, 9 Parsons Ave., to the Design Review Comm. for an unexpired term ending 711/94; appoint Kurt Kastendick, 903 West Side Dr., to the Mayor's Youth Employment Bd. for a three.year term eliding 11/4/95. The Mayor declared the motion carried. Moved and seconded to defer an appointment to the Bd. of Appeals for an unexpired term ending 12/31/93 tD the 9/29 Council meeting. The Mayor deciared the motion carried unanimously, 7/0, all Councilmembers present. Moved and seconded to adopt RES. 92.256, OF SUPPORT FOR ESTABLISHiNG PROPERTY TAX EXEMPTION FOR THE PROPOSED CITIZEN BUILDiNG PROJECT. Developer Bob Burns prosent for discussion. Moved and seconded to adopt RES. 92.257, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE NORTH DODGE WATER RESERVOIR REPAINT AND REPAIR PROJECT. Moved and seconded tD adopt RES. 92.258, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE HIGHWAY 6 INTERSECTION IMPROVEMENTS PROJECT. Moved and seconded tD adopt RES. 92.259, AWARDING CONTRACT AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT FOR THE WORK TO BE PERFORMED REGARDING THE ASBESTOS ABATEMENT AND WALL DEMOLITION FOR THE CIVIC CENTER EAST LOWER LEVEL. Moved and seconded to adopt RES. 92.260, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE CHAUNCEY SWAN PLAZA PARKING FACILITY. Moved and seconded to adopt RES. 92.261, AUTHORIZING MAYOR AND CITY CLERK ro EXECUTE A CONTRACT WITH STERLING CODIFIERS, INC. FOR REORGANIZATION, UPDATING, RECODIFICATION AND SUPPLEMENT SERVICES, AND FURTHER DIRECTING CITY ATTORNEY TO GIVE WRITTEN NOTICE OF TERMINATION OF THE CURRENT SUPPLEMENT SERVICES CONTRACT WITH MUNICIPAL CODE. Moved and seconded to adjourn 11:20 p.m. The Mayor declared the motion carried. FDr a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. s/DARREL G. COURTNEY, MAYOR s/MARIAN K. KARR, CITY CLERK J;~,.) t. ~ -.. Official Actions September 15, 1992 Page 5 Submitted 'Dr publication 9/24/92 c.t\ccO.15,1Wt COMPLETE DESCRIPTION OF COUNCIL ACTIVmES September 15, 1992 Iowa City City Council, regular mtg., 7:30 p.m. at the Civic Center. Mayor Courtney presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Absent: None. Staffmembers present: Schmadeke, Gentry, Karr, Boothroy, Schoon, Franklin, Doyle, Milkman, Fowler, Fosse. Council minutes tape recorded on Tape 92-79, Side 2; 92.82, Both Sides; 92-83, Both Sides. The Mayor proclaimed 9/12-19/92 as SPECIAL POPULATION'S WEEK; 9/22/92 as AMERICAN BUSINESS WOMEN'S DAY; 9/17-23/92 as CONSTITUTION WEEK. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete item 3f(9) from the Consent Calendar and consider it as a separate item: Approval of Official Council Actions of the regular meeting of 9/1/92, as published, subject to correction as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Bd. . 7/15/92; Human Rights Comm. - 8124/92; Historic Preservation Comm. . 8/18/92; Bd. of Adjustment. 8/12/92; Bd. of Library Trustees. 8/27/92; P&Z Comm. - 9/3/92. Permit Motions: Approving a Class C Beer Permit for Dan's Short Stop Corp., dba Dan's Short Stop, 2221 Rochester Ave. Approving a Class B Beer Permit for Rigel Corp., dba Godfather's Pizza, 207 E. Washington St. Approving a Class C Liquor License for Hung T. Lam dba Saigon Restaurant, 209 S. Linn St. Approving a Class C Beer Permit for T&M Mini Mart Ltd., dba T&M Mini Mart, 2601 Hwy. 6 E. Approving a Class C Liquor License for I.C.B.B. Ltd., dba Brown Bottle Restaurant, 115 E. Washington 5t. Approving a Class E Liquor License for Reliable Drug Stores, Inc., dba Reliable Drug #5281, 121 E. Washington St. Approving a Class E Beer Permit for Reliable Drug Stores, Inc., dba Reliable Drug #5281, 121 E. Washington St. Approving a Class C Beer Permit for Clarissa Watt dba Watt's Food Mkt., 1603 Muscatine Ave. Approving a Class C Liquor License for Wig & Pen, Ltd., dba Wig & Pen Pub, 1220 Hwy. 6 W. Approving an Outdoor Service Area for Wig & Pen, Ltd., dba Wig & Pen Pub, 1220 Hwy. 6 W. Approving a refund for a Class E Beer Permit for Hy-Vee Food Stores, Inc., dba Drugtown #2, 1221 N. Dodge. Setting Public Hearings: Announcing the date of 9/29/92, 7:30 p.m., to receive public comments on the proposed pesticide ordinances regarding commercial and private applications. Motions: Approving disbursements in the amount of $8,287,003.88 for the period of 7/1 through 7131/92, as recommended by the Fin. Dir. subject to audit. Resolutions, Bk. 108: RES. 92.243, p. 243, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1992. RES. 92-244, p. 244, AUTIlORIZING TIlE MAYOR TO SIGN AND TIlE CITY CLERK TO ArrEST TIlE RELEASE OF A MORTGAGE EXECUTED BY IOWA CITY CAN MFG. COMPANY. RES. 92.245, p. 245, ACCEPTING THE WORK FOR THE PLUM STREET IMPROVEMENT PROJECT. ~S. 92-246, p. 246, ACCEPTING THE WORK FOR THE EVANS STREET BRIDGE REPAIR PROJECT. RES. 92.247, p. 247, ACCEPTING TIlE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING ..ofW'ltIrlott.I"IMlIJ .....,.... .._-............___M...._______._ ... -~~~ _.........- III Council Activities September 15, 1992 Page 2 IMPROVEMENTS PROJECfS FOR THE RESUBDIVISION OF LOTS 25 THROUGH 32, WEST SIDE PARK. RES. 92.248, p. 248, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING IMPROVEMENTS FOR HUNTERS RUN PART VII. RES. 92.249, p. 249, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING IMPROVEMENTS FOR PEPPERWOOD ADDmON, PART 9. RES. 92-250, p. 250. RELEASING AN EXISTING DRAINAGE EASEMENT AND ACCEPTING A NEW SANITARY SEWER AND DRAINAGE EASEMENT LOCATED ON THE COMMON LOT LINE OF LOTS 20 AND 21 IN THE RESUBDIVISION OF LOTS 25 THROUGH 32, WEST SIDE PARK. RES. 92.251, p. 251, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECfION 9 OF TIlE FEDERAL TRANSIT ACf, AS AMENDED, FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. RES. 92-252. p. 252, AUTHORIZING TIlE MAYOR TO SIGN AND THE CITY CLERK TO ATIEST TIlE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 1813 "G" STREET. Correspondence: Dorothy Huff regarding activities for teenagers. Janice Havener regarding definition of family. M.ry E. Lester Stinski regarding parking prohibition in Capitol Street ramp. Invitation from Kevin Burt of Independent Living, Inc.. to a 7:00 infonnal meeting regarding ADA on 9/15. Memorandum from the Traffic Engr. regarding short tenn parking meters on the west side of the 10 block of S. Van Buren St. Memorandum from Finance Dept. regarding notice of purchase of equipment. Life Skills, . Inc., regarding a Housing Support Curriculum Project. Margery E. Hoppin regarding bus stops signs on the west side of Clinton St. from Washington to Market and on Jefferson St. from Capitol to Dubuque. Old Capitol Center Merchants Association supporting the parking restrictions before 1O:00am on the lower levels of the Capitol Street Ramp. Application for City Plaza Use Pennits: Natural Law Party to set up a table on City Plaza 9/9-11, from which to distribute literature and offer buttons and bumper stickers for donations, approved. Latin American Human Rights Advocacy Center to set up table on City Plaza 9/13.30, to distribute literature and offer crafts for donations, approved. Application for Use of Streets & Public Grounds: Sue Schuster to use Ealing Dr. on 9(1, for a neighborhood party, approved. V.F'w. 3949 to offer Buddy Poppies for donations on city sidewalks on 9/5, approved. New Pioneer Co-op to use Van Buren St. between the driveways into the east Civic Center parking lot for Midwest Food Festival on 10111, approved. Downtown Association to use sidewalks in downtown area for Sidewalk Sales on 9124-26, approved. Knights of Columbus for pennission to offer Tootsie Rolls to pedestrians for donations to benefit special population groups on 9/19, approved. Affinnative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. ---.--..----..---. .-..... -......--...... .' ... Council Activities September IS, 1992 Page 3 Moved by Horowitz, seconded by Ambrisco, to adopt RES. 92.253, Bk. 108, p. 253, AUTIIORIZING CONVEYANCE OF CITY -OWNED PROPERTY AT 451 RUNDELL STREET TO SALLY AND JOHN CALLAHAN. Affmnative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor noted that there had been a request from ACf to defer/continue itcm 4b.(vacating Dubuque Road). A public h~aring was held on an ordinance amending the Zoning Ordinance by changing the use regulations of an approximately five acre parcel located at 1301 Sheridan Avenue from 1.1 to RS.8 (Advanced Drainage Systems/ADS). The following individuals appeared: Atty. Bob Downer, representing Advanced Drainage Systems (ADS); David Poula, representing James O'Brien, contract purchaser; Barbara Ludke, 1122 Sheridan Ave.; John Shaw, 437 S. Summit St.; Mary Brookhart, 1297 Sheridan Ave.; Pat Folsom, 739 Clark St.; Cecile Kuenzil, 705 S. Summit Ave.; Thomas H. Charlton, 821 S. 7th Ave.; Sally Hartman, 826 Roosevelt; Susan Scott, 722 Rundell St.; Bob Ludke, 1122 Sheridan Ave.; Rita Minchk, 1225 Seymour Ave.; Chuck Scott, 722 Rundell St.; Tom Wendt, 606 Oakland Ave. Moved by Ambrisco, seconded by Horowitz, to accept the letter from Jan and Stephen Locher. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Novick, seconded by Ambrisco, to continue the public hearing to 10113. The Mayor declared the motion carried, 7/0, all Councilmembers present. The Mayor announced a brief recess, 9:35 p.m. and reconvened 9:45 p.m. The Mayor announced that the applicant (American College Testing/ACI') had requested deferral/continuance of the public hearing on an ordinance vacating portions of Dubuque Road. Moved by Novick, seconded by Larson, to continue the public hearing to 10/13. The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Larson, seconded by Ambrisco, that the ordinance amending Chapter 27 of the Code of Ordinances of Iowa City, Iowa, by repealing the Large Scale Residential and Non- residential Development regulations and replacing them with the new Site Plan Review Ordinance, be given first vote for consideration. Individual Councilmembers expressed their views. Affirmative roll call vote unanimous, 7/0, all Councihnembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Horowitz, that the ordinance amending Chapter 36, entitled "Zoning Ordinance" of the Code of Ordinances of Iowa City, Iowa, by adopting sign regulations for the CB.5 zone, be given first vote for consideration. Affmnative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Kubby, seconded by Ambrisco, that the ordinance amending the Zoning Ordinance by amending Section 36-76, Perfonnance Requirements, to establish new particulate matter emission requirements, be given second vote for consideration. Affmnative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Novick, that the rule requiring an ordinance to be consider 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. 92-3549, Bk. 34, p. 32, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, lOW A ENTITLED "ZONING" BY REPEALING THE HIGH RISE MULTI-FAMILY RESIDENTIAL (RM',145) ZONE REGULATIONS AND, WHERE '.. Council Activities September 15, 1992 Page 4 APPROPRIATE, REPLACING RM-145 REGULATIONS WITH THE PLANNED mGH DENSITY MULTI-FAMILY RESIDENTIAL (PRM) REGULATIONS, 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 Ambrisco, seconded by Novick, that the ordinance be fmally adopted at this time. AffIrmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. The Mayor announced that the applicant (Karl and Leona Buchmayer) had requested deferral of Furrows Edge Acres. Moved by Kubby, seconded by Horowitz, to defer a resolution approving the preliminary plat of Furrows Edge Acres Subdivision of Johnson County, Iowa, to the 9/29 meeting. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Larson, to adopt RES. 92-254, Bk. 108, p. 254, APPROVING THE FINAL PLAT OF PARK WEST SUBDIVISION, PART ONE, IOWA CITY, row A. Gene Kroeger, partner in Park West, appeared for discussion. Individual Councilmembers expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Kubby, Larson, McDonald, Ambrisco, Courtney. Nays: Horowitz, Novick. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 92-255, Bk. 108, p. 255, APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR ROCHESTER HILLS CONDOMINIUMS. PCD Director Franklin present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: Kubby. The following individuals appeared regarding the cutting down of trees for the College Green Park Restoration Project (Project Green): Brian Bochmann, 1131 Franklin St.; Steve Marsden, 1035 Howell St.; Rebecca Rosenbaum, 1035 Howell St.; and Timothy Keenan, 703 N. Dubuque St. David Roe appeared regarding the City's cigarette ordinance. Larry Schnittjer, MMS Consultants, appeared regarding environmental concerns surrounding the Rochester Hills Project. The Mayor announced the following vacancies: Riverfront & Natural Area Comm. . two vacancies for three-year tenns ending 12/1/95. These appointments will be made at the 10/27/92 meeting of the City Council. Moved by Horowitz, seconded by Ambrisco, to appoint Michael Dean Homewood, 3592 Vista Park, to the Bd. of Electrical Examiners & Appeals for a journeyman electrician for a four. year tenn ending 10125/96; re-appoint Keith Ruff, 601 S, Gilbert, Grace Cooper, 600 W. Benton, Mary Ann Dennis, 914 Fairchild, to the CCN Comm. for a three-year term ending 11/1/95; appoint Alan Mack, 9 Parsons Ave., to the Design Review Comm. for an unexpired term ending 7/1/94; appoint Kurt Kastendick, 903 West Side Dr., to the Mayor's Youth Employment Bd. for a three-year tenn ending 11/4/95. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by McDonald, to defer an appointment to the Bd. of Appeals.for an unexpired tenn ending 12/31/93 to the 9/29 Council meeting. The Mayor declared the motion carried unanimously, 7/0, all Council members present. Councilmember Horowitz reported on her attendance at a Ty 'N Cae neighborhood party and the welcome reception for VISTA volunteers currently placed in Johnson County. Ambrisco noted the advertising blitz by cable television owners regarding proposed cable television ._' ___M'_"~'" __.............__.,__...-.M........_ -... ............. Council Activities September IS, 1992 Page 5 legislation and requested staff follow up with the Iowa League of Municipalities and the National League concerning their position. Larson noted that the poverty rate in the State of Iowa was 10% and in Johnson County 17%, and encouraged the public to support social agencies. Courtney asked that discussion be scheduled for the 9128 work session regarding the parking policy established at the Clinton Street ramp. The Mayor announced the United Way goal of one million dollars and urged everyone to return their pledge cards when contacted. The City Atty. announced she would be participating in the opening ceremony of the Iowa League of Municipalities meeting 9124 in Waterloo, and announced she would be speaking to the Chamber of Commerce regarding the lawn chemicaVpesticide ordinances. Moved by Larson, seconded by Kubby, to adopt RES. 92-256, Bk. 108, p. 256, OF SUPPORT FOR ESTABLISHING PROPERTY TAX EXEMPTION FOR THE PROPOSED CITIZEN BUILDING PROJECT. Developer Bob Burns and Community Development Coordinator Marianne Milkman present for discussion. AffIrmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Novick, to adopt RES. 92-257, Bk. 108, p. 257, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ArrEST A CONTRACT FOR THE CONSTRUCTION OF THE NORTH DODGE WATER RESERVOIR REPAINT AND REPAIR PROJECT, to Diversified Coatings, Inc. for $175,180. AffIrmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted, Moved by Larson, seconded by Horowitz, to adopt RES. 92-258, Bk. 108, p. 258, A WARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ArrEST A CONTRACT FOR THE CONSTRUCTION OF THE HIGHWAY 6 INTERSECTION IMPROVEMENTS PROJECT, to Metro Pavers, Inc. for $196,910. AffIrmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Ambrisco, to adopt RES. 92-259, Bk. 108, p. 259, AWARDING CONTRACT AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT FOR THE WORK TO BE PERFORMED REGARDING THE ASBESTOS ABATEMENT AND WALL DEMOLITION FOR THE CIVIC CENTER EAST LOWER LEVEL, to Haasco Ltd. for $28,750. AffIrmative roll call vole unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Larson, to adopt RES. 92-260, Bk. 108, p. 260, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ArrEST A CONTRACT FOR THE CONSTRUCTION OF THE CHAUNCEY SWAN PLAZA PARKING FACILITY, to Conlon Construction for $2,907,500. Affirmative roll call vole unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Horowitz, to adopt RES. 92.261, Bk. 108, p. 261, AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH STERLING CODIFIERS, INC. FOR REORGANIZATION, UPDATING, RECODIFICATION AND SUPPLEMENT SERVICES, AND FURTHER DIRECTING CITY A TIORNEY TO GIVE . WRmEN NOTICE OF TERMINATION OF THE CURRENT SUPPLEMENT SERVICES CONTRACT WITH MUNICIPAL CODE. AffInnative roll call VOle unanimous, 7/0, all I 1 , , ~. Council Activities September 15, 1992 Page 6 '" Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Ambrisco, to adjourn 11:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Darrel G. Courtney, Mayor Marian K. Karr, City Clerk cl_ll.mln . ,'to ....'!! .,' ~. .~":!'~_. - COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 29, 1992 Iowa City City Council, regular mtg., 7:30 p.m. at the Civic Center. Mayor Courtney presiding. Councilmembers present: Ambrisco Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Absent: None. Staffmembers present: Atkins, Helling, Gentry, Karr, Franklin, Rocca, Pumfrey, Yuculs, Robinson. Council minutes tape recorded on Tapes 92.86, 92.87, 92-88, Both Sides. The Mayor proclaimed 10/4.10/92 as FIRE PREVENTION WEEK, Fire Marshal Rocca & Fire Depl. Mascot Sparky accepted; 10/4.10/92 as AVIATION EDUCATION WEEK, Airport Commissioners Blum & Ockenfels accepted; 10/31/92, between dusk & 8:30 p.m. as TRICK OR TREAT NIGHT DESIGNATiON. Moved by Ambrisco, seconded by Horowitz, that the foliowlng items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the re'Jular meeting of 9/15/92, as published, subject to correction as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. . 8/18/92; Civil Service Comm. . 7120192, 9/3/92, CCN . 8/26/92; P&R Comm. . 8/26/92; Sr. Center Comm. . 8/17/92; P&Z Comm. . 9/17/92. Permit Motions & Resolutions: Approving a Class C Liquor License for Iowa City Yacht Club, Inc., dba Iowa City Yacht Club, 13 S. Linn SI. Approving a Class B Beer Permit for L TL Restaurant, Inc., dba Mazzlo's Pizza, 1950 L. Muscatine Ave. Approving a Class C Beer Permit for Inland Transport Company dba Kirkwood 76, 300 Kirkwood Ave. Approving a Class C Beer Permit for Nordstrom 011 Company dba Sunset Handlmart, 1410 Wiliow Creek Dr. RES. 92.262, Bk. 108, p. 262, ISSUE CIGARETTE PERMIT. Approving a Class C Liquor License for Diamond Dave's Taco Company Leasing Corporation, dba Diamond Dave's Taco Co., 1604 Sycamore #330 Sycamore Mali. Refund of a Class A Liquor License for Loyal Order of Moose Lodge #1096 dba Loyal Order of Moose Lodge #1096, 950 Dover SI. Approving a Class C Liquor License for Michael H. Tanchlnh, dba China Palace, 21 Sturgis Corner. Approving a transfer of a Special Class C Liquor License for Magnifico's Mostiy Italian, 227 E. Washington SI. Setting Public Hearings: RES. 92.263, Bk. 108, p. 263, SETTING PUBliC HEARING, for 10/13/92, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE EXECUTION OF THE CIVIC CENTER EAST LOWER LEVEL REMODELING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Motions: Approve disbursements in the amount of $9,615,999.51 for the period of 8/1 through 8/31/92, as recommended by the Fin. Dir. Resolutions: RES. 92.264, Bk. 108, p. 264, AUTHORIZING EXECUTION OF AMENDMENT #5 TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC. 9033E. Correspondence: Letters regarding the proposed pesticide application ordinance from: Mr. & Mrs. Glen Bradley, Environmental Advocates Urban Pesticide Comm., Leigh & Doug Hornick, Candida Maurer & Michael Santangelo, Mary Price, Ron Vogel. Letters regarding the Capitol Street Ramp restrictions from: Mlchelie Brophy.Baermann, Jim Ubben, Robert Van Natta. Letters regarding the Advanced Drainage Property (ADS) from: Edward & Eudenia Gruweli, Lavina Miller. Arlana & Larry Betenbender requesting regulation of outdoor basketbali courts. Hal Brainerd opposing the closing of Old Dubuque Road. Anne Armknecht, Mental Health Task Force, requesting free bus rides for persons \. Council Activities September 29, 1992 Page 2 I with disabilities. Memorandum from the Civil Service Comm. submitting certified list of applicants for the following positions: Fire Lieutenant/Fire Dept.; Buyer I/Equipment Buyer; Maintenance Worker II/Refuse; Cashier/Parking; Chemist/Pollution Control; Maintenance Worker I/Refuse; Maintenance Worker I/Government Buildings; Maintenance Worker III/Streets; Maintenance Worker IIIStreets; Account Clerk/Accounting; Sr. Treatment Plant OperatoriWater; Maintenance Worker I/Sr. Center; Water Meter ReaderiWater; Sr. Engineering Technician/Engineering; Sr. Maintenance Worker/Streets; Maintenance Worker I/Streets. Appilcation for Use of Streets & Public Grounds: Craig Carneyor of Racquet Master for use of public sidewalks for Sidewalk Days on 9/24.26, approved. James Humston for use of the 1400 block of Franklin St. for a neighborhood block party on 9/19, approved. Application for City Piaza Use Permit: Johnson County ERA Coalition to set up table on City Plaza to register voters & offer buttons & shirts for donations 9/18-26, 9/27. 29, 10/1-2, approved. Affirmative roil call vote unanimous, 7/0, ail Councilmembers present. The Mayor declared the motion carried and repeated the pubilc hearing as set. Kubby noted that all discussion would take place on the closing of Dubuque Road on October 13th. Moved by Ambrisco, seconded by Horowitz, to set a pubilc hearing for 10/13/92, on an ordinance vacating the ailey located adjacent to the east side of 41 0 Reno St. (Jim Jensen). The Mayor declared the motion carried unanimously, 7/0, ail Councilmembers present. Moved by Horowitz, seconded by McDonald, to set a public hearing for 10/13/92, on an ordinance amending Chapter 36 of the Code of Ordinances of Iowa City, Iowa, by adopting regulations permitting non.requlred off.street parking on a separate lot within commercial and industrial zones. The Mayor declared the motion carried unanimously, 7/0, ail Councilmembers present. Moved by Ambrlsco, seconded by Horowitz, that the rule requiring ordinances to be considered at and voted on for final passage at two Council meetings prior to the meeting at which it is to be finaily passed be suspended, the second consideration and vote be waived, and that ORD. 92.3550, Bk. 34, p. 33, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ENTITLED "PLANNING," BY REPEAliNG ARTICLE III ENTITLED "LARGE SCALE DEVELOPMENTS" AND ADDING THERETO A NEW ARTICLE III ENTITLED "SITE PLAN REVIEW:'be voted on for final passage at this time." The Mayor declared the motion carried, 6/1, with the foilowing division of roll call vote: Ayes: Larson, McDonald, Novick, Ambrlsco, Courtney, Horowitz. Nays: Kubby. Moved by Ambrisco, seconded by Horowitz, that the ordinance flnaily adopted at this time. Affirmative roil call vote unanimous, 7/0, ail Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Horowitz, 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 finaily passed be suspended, the second consideration and vote be waived, and that ORD. 92-3551, Bk. 34, p. 34, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA ENTITLED "ZONING" BY ADOPTING SIGN REGULATIONS FOR THE CENTRAL BUSINESS SUPPORT ZONE (CB.5), be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the foilowing division of roil call vote: Ayes: Novick, Ambrlsco, Courtney, Horowitz, Larson, McDonald. Nays: Kubby. Moved by Ambrisco, seconded Council Activities September 29, 1992 Page 3 by Horowitz, that the ordinance be finally adopted at this lime. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by McDonald, to adopt ORD. 92,3552, Bk. 34, p. 35, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA ENTITLED "ZONING,' TO ESTABliSH NEW PARTICULATE MATTER EMISSION REQUIREMENTS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 92.265, Bk. 108, p. 265, APPROVING THE PREliMINARY PLAT OF FURROWS EDGE ACRES SUBDIVISION OF JOHNSON COUNTY, IOWA. PCD Director Karin Franklin present for discussion. Council directed staff to send a letter to the County staling City concerns about access onto Highway 1 and to include It as a part of the Fringe Area discussion. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Horowitz, to adopt RES. 92.266, Bk. 108, p. 266, APPROVING THE FINAL PLAT OF VILLAGE GREEN, PART XII, IOWA CITY, IOWA. PCD Dlr. Karin Franklin present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: Kubby. The Mayor announced the following vacancies: Bd. of Appeals. one vacancy for a five. year term ending 12/31/97; Bd. of Examiners of Plumbers. two vacancies for two.year terms ending 12/31/94; Mayor's Youth Employment Bd. . one vacancy for a three-year term ending 12/30/95; Sr. Center Comm. . two vacancies for three-year terms ending 12/31/95. These appointments will be made at the 11/10/92 meeting of the City Council. Moved by Horowitz, seconded by Ambrisco, to appoint Velma Tribble, 1326 Bristol Dr. and John Staska, 33 Norwood Circle, to the Bd. of Appeals for unexpired terms ending 12/31/93; appoint Charles Eastham, 1152 E. Court St., to the Housing Comm. for an unexpired term ending 511/94. The Mayor declared tho motion carried unanimously, 7/0, all Councllmembers present. Councllmember Kubby noted the Parks & Recreation Department receipt of the Iowa IlIinolslTrees Forever grant for a tree planting program within the City. She also stated that City Carton would be accepting magazines for one day only on 1117. Larson referenced letters received regarding a amphitheater being built in the backyard of a university fraternity and a basketball court in the backyard of a residential property, and stated staff was researching whether restriction currently exist as well as neighbor's rights. Larson asked Council concurrence for the City Manager to meet with University representatives urging University booking more concerts. The Mayor suggested that the Director of the Convention and Visitors Bureau also be involved. Novick Invited citizens to a meet the candidates reception sponsored by the League of Women Voters 10/8, Iowa State Bank; a candidate forum Is scheduled for 10/28 at 7 PM at the Iowa City Public Library. Novick reported that Malibu, California had recently passed legislation requiring anyone planting a tree, shrub or flower that may reach a height of six feet to get a permit. Ambrisco acknowledged the recent Iowa Supreme Court favorable decision to the City regarding University water rates, and commended City Atty. Linda Genlry, the City legal department, and the law firm of Hayek and Hayek. Moved by Horowitz, seconded by Ambrlsco, to set a public hearing on 10/13/92, on an ordinance to vacate as a corrective legal action, the westerly 105.29 feet of the alley between " *REVISED 10/13/92 Council Activities September 29, 1992 Page 4 Maiden Lane and Gilbert Court at LaFayette Street, Block 4, Lyon's First Addition, Iowa City, Iowa, and the northerly platted alley In Block 4, Lyon's First Addition of Iowa City, Iowa (Capitol Implement). The Mayor declared the motion carried unanimously, 7/0, all Councllmembers present. Moved by Horowitz, seconded by Ambrisco, to adopt RES. 92.267, Bk. 108, p. 267, INTENT TO CONVEY, BY QUIT CLAIM DEED, A PORTION OF LOTS THREE AND FOUR OF COUNTY SEAT ADDITION TO IOWA CITY, IOWA AND ALLEYS LOCATED IN BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY, IOWA AS A CORRECTIVE LEGAL ACTION (Capitol Implement). Affirmative roll call vote unanimous, 7/0, all Council members present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Ambrisco, to adopt RES. 92.268, Bk. 108, p. 268, DIRECTING SALE OF $3,450,000 GENERAL OBLIGATION CAPITAL LOAN NOTES. Dave Dlr~.s, Evensen Dodge Inc. updated Council on the bid opening. The Mayor declared the resolution carried, 6/1, with the following division of roll call vote: Ayes: McDonald, Novick, Ambrisco, Courtney, Horowitz, Larson. Nays: Kubby. Public comments were received on the proposed commercial application of pesticides and private application of pesticides ordinances. The following Individuals appeared: Mary Lou Hillery, 2866 Sterling Dr.; Douglas Jones, 816 Park Rd.; Jennifer Britton, 2i28 Muscatlne Ave.; Ed Rlnderspacher, RR 2 (West Branch), Quality Care; Curt Moore, RR 6; Mark Smith, 205 N. Westminster; John Balmer, 10 Princeton Ct., Chamber of Commerce President; Tom Summy, 2505 Rochester; Darryl Johnson, All American Turf Beauty; Ron Vogel, 307 3rd Ave.; John Crossmook, Tru Green; Dianna Harris, 1025 E. Davenport St., presented a letter from Diane Eglseder; Rusty Martin, 802 E. Washington St.; John Chaney, AIi Pro Maintenance; Mary Lohse; Jim Murphy, 711 E. Church St.; Jack Tank; GeoffWilmlng, 1117 W. Benton St.; Caroline Dieterle, 727 Walnut St.; Tim Madsen, 2108 Hollywood Blvd., Sunshine Lawn Care; Don Daklns, 710 S. 1st Ave.; Kerry Sesker, 2820 Brookside Dr.; Barbara Chaney, All Pro Maintenance; Mark Phillips, 1165 Oakes Dr.; Charles Thayer, 7 Montrose Ave.; Russ Wise, Quality Care; Mona Bond, Iowa * Alliance of Environmental Concerns; Mary Latta, 1106 Muscatlne Ave.; Kevin Johnson, All American Turf Beauty; Chris Soldat; Jim St. John; Ron Salisbury, Des Moines, Iowa Pest Control; Ron Stutsman; Nathan Shepherd, 517 S. Lucas; Carol deProsse, 1113 E, College St.; Marv Hartwig, 212 Post Rd.; Kevin Houlahan, 1020 Tower Ct.; Bob Braverman, 2040 Waterfront Dr.; Joe Bolkcom, 328 S. Governor. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 92-269, Bk. 108, p. 269, AUTHORIZING EXECUTION OF A REIMBURSEMENT FOR OVERWIDTH PAVING ON GALWAY DRIVE. Affirmative roll call vote unanimous, 7/0, ali Councllmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Horowitz, to adopt RES. 92.270, Bk. 108, p. 270, RESOLUTION FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA (Malden Lane Paving Assessment Project). Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by McDonald, to adopt RES. 92.271, Bk. 108, p. 271, AUTHORIZING EXECUTION OF A PERMANENT SAMPLING WELL EASEMENT (Fay Hurt). Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the resolution adopted. -.. Council Activities September 29, 1992 Page 4 .0"" ""'~ 01.'" Coo" " LaFo,,,, SI.,I, BI,ok j L~"" ",m Add.,", low. CI., Iowa, and the noit~erly platted alley In Block 4, Lyon's First/Addition of Iowa City, Iowa (Capitol Implement). The 30r declared the motion carried unanimously, 7/0, all Councllmembers present. ' I Moved by Ho ~Witz, seconded by Ambrisco, t9' adopt RES. 92.267, Bk. 10B, p. 267, INTENT TO CONVEY, ~Y QUIT CLAIM DEED, A POWION OF LOTS THREE AND FOUR OF COUNTY SEAT ADDITION TO IOWA CITY, IOWA"ND ALLEYS LOCATED IN BLOCK FOUR, LYON'S FIRST ADDITld~, IOWA CITY, IOWA A~ A CORRECTIVE LEGAL ACTION (Capitol Implement). Affirmative roll call vote unanlmouZs; :1/0, all Councllmembers present. The Mayor declared the resolution addpted. .' Moved by MCDonala~ seconded by ~~ risco, to adopt RES. 92-268, Bk. 108, p. 268, DIRECTING SALE OF $3.450,~00 GENERAIWBLlGATION CAPITAL LOAN NOTES. Dave Dirks, Evensen Dodge inc. updated ~~ouncil on fhe bid opening. The Mayor declared the resolution carried, 6/1, with the following diVision, pf,roll call vote: Ayes: McDonald, Novick, Ambrlsco, Courtney, Horowitz, Larson. Nay: KubbY.i Public comments were rec ved ory/the proposed commercial application of pesticides and private application of pesticides ordl ances. The following Individuals appeared: Mary Lou Hillery, 2866 Sterling Dr.; Douglas Jones, 16 Park Rd.; Jennifer Britton, 2128 Muscatine Ave.; Ed , Rinderspacher, RR 2 (West Branch),' Quality Care; Curt Moore, RR 6; Mark Smith, 205 N. Westminster; John Balmer, 10 Princet Ct., Chamber of Commerce President; Tom Summy, 2505 Rochester; Darryl Johnson, All A erican Turf Beauty; Ron Vogel, 307 3rd Ave.; John Crossmook, Tru Green; Dianna Harris, 1 25 E. Davenport St., presented a letter from Diane I Eglseder; Rusty Martin, 802 E. Washington t.; John Chaney, All Pro Maintenance; Mary Lohse; Jim Murphy, 711 E. Church St.; J~ck Tank; ~offWilming, 1117W. Benton St.; Caroline Dieterle, 727 Walnut St.; Tim Madsen, 2}08 Hollywoo~\Blvd., Sunshine Lawn Care; Don Daklns, 710 S. 1 st Ave.; Kerry Sesker, 2820 Brookside Dr.; BaiQara Chaney, All Pro Maintenance; Mark Phillips, 1165 Oakes Dr.; Charles Thayer, 7 Montrose AV~.; Russ Wise, Quality Care; Mona Bona, Iowa Alliance of Environmental Concerns; Mary Latta, 1106 Muscatlne Ave.; Kevin Johnson, All American Turf Beauty; Chrl~!Soldat; Jim St. John; Ron Salisbury, Des Moines, Iowa Pest Control; Ron Stutsman; Nathan Shepherd, 517 S. Lucas; O~OI deProsse, 1113 E. College St.; Marv Hartwig, 212 Post Rd.; K~vln Houlahan, 1020 Tower t.; Bob Braverman, 2040 Waterfront Dr.; Joe Bolkcom, 328.S. Governor. Moved by Ambrlsco, seconded by Horowitz, to ~dopt RES. 92.269, Bk. 108, p. 269, AUTHORIZIN~EXECPTION OF A REIMBURSEMENt FOR OVERWIDTH PAVING ON GALWAY DRI E. Afflfmatlve roll call vote unanimous, 7/0, all Council members present. The Mayor declar~ the r~solutlon adopted. Mov d by MPponald, seconded by Horowitz, to adopt RES. 92.270, Bk. 108, p. 270, RESOLUTI N FO~ THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CI ,IO~A (Maiden Lane Paving Assessment Project). Affirmative roll call vote unanlmo s, 7/0, a(1 Councllmembers present. The Mayor declared th~ resolution adopted. oved b Ambrlsco, seconded by McDonald, to adopt RES. 9,2-271, Bk. 108, p. 271, AUTH RIZING XECUTION OF A PERMANENT SAMPLING WELL E~SEMENT (Fay Hurt). Afflr atlve roll all vote unanimous, 7/0, all Council members present. Th\MaYOr declared the resolution ado ted. \ ) ~------_.--................_'_......._..~_._..._-- ~~ """ , I I -.. Council Activities September 29, 1992 Page 5 Moved by Horowitz, seconded by McDonald, to adopt RES. 92-272, Bk. 108, p. 272, TEMPORARILY CLOSING MELROSE AVENUE RIGHT-OF.WAY FROM THE EAST CURB LINE OF HAWKINS DRIVE TO THE WEST CURB LINE OF SOUTH GRAND AVENUE BETWEEN THE NORTH CURB LINE AND THE NORTH PROPERTY LINE OF MELROSE AVENUE AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF THE PUBLIC RIGHT.OF.WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. Affirmative roil cail vote unanimous, 7/0, ail Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Horowitz, to adopt RES. 92.273, Bk. 108, p. 273, AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH IOWA. ILLINOIS GAS & ELECTRIC COMPANY FOR THE CHAUNCEY SWAN PARKING FACILITY PROJECT. Affirmative roil cail vote unanimous, 7/0, ail Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Horowitz, to adopt RES. 92.274, Bk. 108, p. 274, AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. Affirmative roil cail vote unanimous, 7/0, ail Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Horowitz, to adjourn 12:10 a.m. The Mayor declared the motion carried unanimously, 7/0, ail Councilmembers present. }J~A;A/JI) K ~ Mar n K. Karr, City Clerk I ~~~~r_V,.'id."';.; '<"""~~':.' ',:,.' ',.', '. , '", ,Ii',. ;AC' City of Iowa City MEMORANDUM Date: October 6, 1992 To: Mayor and City Council From: City Clerk Re: Council Work Session, September 28, 1992 - 6:30 PM In the Council Chambers Mayor Darrel Courtney presiding. Councilmembers: Ambrlsco, Courtney, Horowitz, KUbby, Larson, McDonald, Novick. Staffmembers present: Atkins, Helling, Gentry, Karr, Franklin, Fosse, Fowler, Yucuis, Schmadeke, Robinson, Boothroy, Trueblood, Donahue. Tape recorded on Tapes 92.81, Side 2; 92.84, Sides 1 and 2; 92.85, Side 1. ADDITIONS TO THE CONSENT CALENDAR: Reel 92.81, Side 2 Council agreed to add the foilowing Items to the consent calendar: 3c(8) Class C lIquor license, China Palace, 3c(9) Transfer of Class C liquor i1cense for Magnifico's, Mostly Italian, 3c(10) Amend Resolution to include Soho's for cigarette permit. PLANNING AND ZONING ITEMS: Reel 92-81, Side 2 PCD Director Karin Franklin presented information about the foliowlng Planning and Zoning Items: A. SETTING A PUBLIC HEARING FOR OCTOBER 13, 1992, ON AN ORDINANCE VACATING THE ALLEY LOCATED ADJACENT TO THE EAST SIDE OF 410 RENO STREET. (Jim Jensen) B. SETTING A PUBLIC HEARING FOR OCTOBER 13, 1992, ON AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ENTITLED 'ZONING' BY ADOPTING REGULATIONS PERMITTING NON-REQUIRED OFF-STREET PARKING ON A SEPARATE LOT WITHIN COMMERCIAL AND INDUSTRIAL ZONES. C. ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF IOWA CITY,IOWA, ENTITLED "PLANNING,' BY REPEALING ARTICLE III ENTITLED "LARGE SCALE DEVELOPMENTS' AND ADDING THERETO A NEW ARTICLE III ENTITLED "SITE PLAN REVIEW: (SECOND CONSIDERATION) Additional Information under Item F. D. ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ENTITLED 'ZONING' BY ADOPTING SIGN REGULATIONS FOR THE CENTRAL BUSINESS SUPPORT ZONE (CB-5). (SECOND CONSIDERATION) TO<. 9 0.. 2 E. ORDINANCE AMENDING CHAPTER 3G OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA ENTITLED 'ZONING' TO ESTABLISH NEW PARTICULATE MAllER EMISSION REQUIREMENTS. (PASSED AND ADOPTED) F. RESOLUTION APPROVING THE PRELIMINARY PLAT OF FURROWS EDGE ACRES SUBDIVISION OF JOHNSON COUNTY, IOWA. (SUB 92-0012) Owner Karl Buchmayer and Larry Schnlttjer, MMS Consultants, presented information about the Furrows Edge Acres Subdivision plans. G. RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN, PART XII, IOWA CITY, IOWA (SUB 92.0016) (GO.DAY LIMITATION PERIOD: SEPTEMBER 29,1992.) MAIDEN LANE PLAN: Reel 92.81, Side 2 PCD Director Franklin presented information. Daryl Woody, owner of the Sanctuary, spoke In favor of a one.way street and maximizing the number of parking spaces. (Material was distributed.) EROSION AND GRADING ORDINANCE ENFORCEMENT: Reel 92.81, Side 2 City Engineer Rick Fosse, HIS Director Doug Boothroy, City Attorney Unda Gentry, and PCD Director Karin Franklin presented Information. Larry Schnittjer, MMS Consultants, responded to questions. A majority of Council agreed that a performance bond for grading should not be required. PARKING RAMP RESTRICTIONS. CAPITOL STREET RAMP: Reel 92.94, Side 1 Parking Director Joe Fowler and Finance Director Don Yuculs presented Information. Paul Smith (DTA), Cathy Morely (marketing director-Qld Capitol Mall), Jim Kempf (DTA), and Wilfreda Hleronymous presented information. Council agreed to continue to monitor the Capitol Street parking ramp restrictions monthly and tentatively scheduled another discussion on November 10, 1992, Mayor Courtney asked Fowler to provide Council with figures before the November 10 meeting. Kubby asked that Council be also provided with transit, meter, and parking ramp figures. PESTICIDE APPLICATION ORDINANCES: Reel 92-84, Side 2 City Attorney Linda Gentry, HIS Director Doug Boothroy, Parks & Rec Director Terry Trueblood, Assistant City Manager Dale Heliing, City Forester Terry Robinson, and City Clerk Marian Karr presented information about the proposed pesticide ordinances. Larson requested that staff be available to answer questions at Council's formal meeting. COUNCIL AGENDAfTIME: Reel 92.85, Side 1 1. Kubby inquired about the request from the Mental Health Task Force about allowing people with free bus passes to ride during peak times. Atkins stated that the requests were forwarded to Transit Manager John Lundeli for comment and Human Services Coordinator Marge Penney Is meeting with the Menial Health Task Force. T-,;; 9 *REVISED 10/12/92 ~ E. ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA ENTITLED 'ZONING' TO ESTABLISH NEW PARTICULATE MATTER EMISSION REQUIREMENTS. (PASSED AND ADOPTED) F. RESOLUTION APPROVING THE PRELIMINARY PLAT OF FURROWS EDGE ACRES SUBDIVISION OF JOHNSON COUNTY, IOWA. (SUB 92-0012) Owner Karl Buchmayer and Larry SchnittJer, MMS Consultants, presented Information about the Furrows Edge Acres Subdivision plans. G. RESOLUTION Ae,PROVING THE FINAL PLAT OF VILLAGE GREEN, PART XII, IOWA CITY, IOWA (SUB 92-0016) (60.DAY LIMITATION PERIOD: SEPTEMBER 29, 1992.) MAIDEN LANE PLAN: Reel 92,81, Side 2 PCD Director Franklin presented information. Daryl Woodson, owner of the Sanctuary, spoke In * favor of a one.way street and maximizing the number of parking spaces. (Material was distributed.) EROSION AND GRADING ORDINANCE ENFORCEMENT: Reel 92.81, Side 2 City Engineer Rick Fosse, HIS Director Doug Boothroy, City Attorney Linda Gentry, and PCD Director Karin Franklin presented informallon. Larry Schnittjer, MMS Consultants, responded to questions. A majority of Councli agreed that a performance bond for grading should not be required. PARKING RAMP RESTRICTIONS. CAPITOL STREET RAMP: Reel 92-94, Side 1 ParkJng Director Joe Fowler and Finance Director Don Yucuis presented information. Paul Smith (DTA), Cathy Morely (marketing director-Qld Capllol Mali), Jim Kempf (DTA), and Wilfreda Hleronymous presented Information. Council agreed to continue to monitor the Capitol Street parking ramp restrictions monthly and tentatively scheduled another discussion on November 10, 1992. Mayor Courtney asked Fowler to provide Council with figures before the November 10 meeting. Kubby asked that Council be also provided with !ranslt, meter, and parking ramp figures. PESTICIDE APPLICATION ORDINANCES: Reel 92.84, Side 2 City Attorney Linda Gentry, HIS Director Doug Boothroy, Parks & Rec Director Terry Trueblood, Assistant City Manager Dale Heiling, City Forester Terry Robinson, and City Clerk Marian Karr presented information about the proposed pesticide ordinances. Larson requested that staff be available to answer questions at Council's formal meellng. COUNCIL AGENDAfTIME: Reel 92-85, Side 1 1. Kubby Inquired about the request from the Mental Health Task Force about aliowing people with free bus passes to ride during peak times. AtkJns stated that the requests were forwarded to Transit Manager John Lundeil for comment and Human Services Coordinator Marge Penney is meellng with the Mental Health Task Force. :r~:2? -.. " 3 2. Kubby inquired about the two complaints received regarding athletic courts and flood lights In residential areas. Atkins stated he will obtain further Information. Ambrlsco asked that the University's cooperation be sought on this matter. 3. Kubby suggested that both City Councllmembers and County Board of Supervisors be represented on the committee formed to address a new Fringe Area Policy. 4. Kubby inquired about the rallroad crossing memorandums regarding maintenance. City Attorney Gentry stated that she Is preparing information. 5. Kubby announced that she has been Invited by the Department of Education to speak at a conference as a Councllmember about environmental ethics. 6. (Agenda Item #17 -closing portion of Melrose Avenue right-of-way) Novick asked why the University is not required to put in a temporary sidewalk. Gentry stated because It Is not muddy. 7. (Agenda Item #16.permanent sampling well easement for Iowa City sanitary disposal facility) In response to Novick, Atkins stated that the DNR required the City to find a spot off the site to drill a sampling well. 8. Horowitz requested the City obtain a progress report about the Assessor's mapping project. 9. (Agenda Item #10-vacate alley between Malden Lane and Gilbert Court) Karr noted that the public hearing date of October 13, 1992, should be added to the agenda Item. 10. Courtney announced the following meeting schedule: October 5 - October 28 - October 12 - Special meeting with Planning & Zoning at5:15 p.m. School Safety Committee at 3:00 or 3:30 p.m. Council Work Session 6:30 PM APPOINTMENTS: Reel 92-85, Side 1 Board of Appeals - Velma Tribble and John Staska Housing Commission - Charlie Eastham Meeting adjourned at 9:30 PM. 9.28wks.mmo ':::r-~1