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HomeMy WebLinkAbout1996-02-27 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 27, 1996 Iowa City City Council, regular meeting, 7:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Denney, Miklo, Yucuis, McClure. Council minutes tape recorded on Tapes 96-33, Side 2; 96-34, Both Sides. The Mayor presented Citizenship Awards to students of Horace Mann Elementary School: Derek Dreier, Sonya Erickson, Aldino Frassinelli, Kevin Hansen, Mary Hicks, Nell Smith. The Mayor proclaimed Designation of Iowa City as a "Bicycle Friendly Community", Greg Kovaciny, Bicyclist of Iowa City, Terry Dahms, Friends of Iowa River Scenic Trail (FIRST), and Asst. Transportation Planner Denhey accepted; Iowa City Community Theatre Week - March 24-30, 1996, Deanne Thayer accepted; American Red Cross Month - March, 1996, Betsy Tatro accepted. The Mayor announced that she had taped her State of the City message and the tape of her message would be rebroadcast on cable along with this meeting. Printed copies of her message were available in the City Clerk's office. Moved by Vanderhoef, seconded by Norton, that the following items and recommenda- tions in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council actions of the regular meeting of February 13, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Riverfront & Natural Areas Comm. meet- ing of December 20, 1995, January 17, 1996; P&R Comm. meeting of January 10, 1996; Airport Corem. meeting of January 11, 1996; Bd. of Library Trustees meeting of January 25, 1996; Rules Comm. meeting of February 9, 1996. Permit Motions: Approving a Class "E" Liquor License for Drugtown //1, 521 Hollywood Blvd. Approving a Class "E" Beer Permit for Drugtown//1,521 Hollywood Blvd. Approving a Class "B" Beer permit for Ko's Kitchen, 18 S. Clinton St. Setting Public Hearings: RES. 96-40, Bk. 115, p. 40, SETTING A PUBLIC HEAR- ING for March 5, 1996, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CONSTRUCTION OF THE HIGHWAY 1/GILBERT STREET INTERSECTION IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Motions: Approve disbursements in the amount of 97,289,582.02 for the period of January 1 through January 31, 1996, as recommended by the Finance Director subject to audit. Correspondence: Letters regarding Iowa City Human Rights Commission fund- ing: Rabbi Jeff Portman, Reverend Rick Yramategui. Letters regarding public transit: Edwin L. Clopton, Bonnie Love, Rockne L. and Deborah A. Foreman. Melrose Avenue Neighborhood Association regarding Melrose Avenue reconstruction project. Chair of the Penny Bryn Neighborhood Association requesting funding for traffic calming. Memorandum from the Iowa City Civil Service Commission submitting a certified list of applicants for the position of Construction Inspector II. Petition from Regina PTO requesting an all-pedestrian phase button operation at the intersection of First Ave. & Rochester Ave. Craig & Nancy Willis, Security Abstract Company, regarding the City Assessor position. Memo from City Manager regarding appointment of Fire Chief. Applications for Use of Streets and Public Grounds: RiverRun/RiverFest Commis- sion to hold RiverRun 1996 on April 28, 1996, approved. Mark Ginsberg to hold Jazz Fest on July 3 and 4, 1996, approved. Council Activities February 27, 1996 Page 2 revised 3/25/96 Affirmative roll call vote unanimous, 7~0, all Council Members present. Council requested staff respond to the letter from Bonnie Love regarding Eastdale buses. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Kubby, seconded by Lehman, to set a public hearing for March 26 on an amendment to the Comprehensive Plan to incorporate an amendment to the JCCOG Arterial Street Plan which includes Oakdale Boulevard. The Mayor declared the motion carried unani- mously, 7~0, all Council Members present. Moved by Kubby, seconded by Norton, to set a public hearing for March 26 on an ordinance amending the Zoning Chapter by changing the use regulations of an approximate .14 acre parcel located at 24 N. Van Buren Street from RM-44, High Density Multi-Family Residential, to R/O, Residential/Office (Raley). The Mayor declared the motion carried unani- mously, 7~0, all Council Members present. A public hearing was held on an ordinance amending Title 14, Chapter 6, "Zoning," Article H, "Industrial Zones," to allow the outdoor storage of recyclable materials in the I-1 zone as an accessory use to a recycling processing facility by special exception. No one appeared. A public hearing was held on an ordinance amending Title 14, Chapter 6, "Zoning," to allow temporary real estate sales centers in residential zones. No one appeared. Sr. Planner Miklo present for discussion. A public hearing was held on an ordinance amending the Conditional Zoning Agreement for the D&L Subdivision (Dane & Larsen), located southeast of the intersection of Highway 1 and Sunset Street, to eliminate the requirement to provide access to property to the south. No one appeared. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas Ordinance," Subsection I, entitled "Steep Slopes," to allow consideration of development activities within areas containing previously altered slopes. Richard Rhodes, 2014 Rochester Avenue, appeared. Sr. Planner Miklo present for discussion. Moved by Lehman, seconded by Thornberry, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas Ordinance," Subsection I, entitled "Steep Slopes," to allow consider- ation of development activities within areas containing previously altered slopes, be given first vote for consideration. St. Planner Miklo present for discussion. Moved by Kubby, seconded by Lehman, to amend the ordinance by deleting the terms "man-made" and substituting "human activity" and inserting the words "human activity" into the definition of protected slopes. The Mayor declared the motion carried, 6/1, Thornberry voting "nay." The Mayor declared the motion carried on the amended ordinance, 6/1, with the following division of roU call vote: Ayes: Baker, Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Kubby. Absent: None. A public hearing was held on an ordinance amending the Zoning Chapter by approving a Sensitive Areas Development Plan and changing the use regulations from PRM, Planned H~gh Density Multi-Family Residential Zone, to PRMOSA, Planned High Density Multi-family Residential - Sensitive Areas Overlay Zone for a 0.32 acre property located at 517 S. Linn Street (Kidwell). No one appeared. Moved by Thornberry, seconded by Vanderhoef, that the ordinance amending the Zoning Chapter by approving a Sensitive Areas Development Plan and changing the use regulations from PRM, Planned High Density Multi-Family Residential Zone, to PRM-OSA, Planned High Density Multi-family Residential - Sensitive Areas Overlay Zone for a 0.32 acre property located at 51 7 S. Linn Street (Kidwell), be given first vote for consideration. Appli- cant Kevin Kidwell appeared. The Mayor declared the motion carried, 6/1, with the following Council Activities February 27, 1996 Page 3 division of roll call vote: Aves: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. Nays: Kubby. Absent: None. Moved by Thornberry, seconded by Vanderhoef, to adopt ORD. 96-3718, Bk. 39, p. 12, AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS FOR A .5 ACRE PROPERTY LOCATED AT 840 CROSS PARK AVENUE FROM CO-1, COMMERCIAL OFFICE, TO CC-2, COMMUNITY COMMERCIAL (Sundblad). The Mayor declaredthe ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Novick, Thornberry, Vanderho- ef, Baker, Kubby, Lehman. Nays: Norton. Absent: None. A public hearing was held on the proposed fiscal year 1997 operating budget, fiscal years 1997 through 1999 three-year financial plan and the seven year capital improvements program (FY1996 through FY2002). The following individuals appeared: Leanne Mayhew, 2199 Taylor Dr.; Lori Bears, 369 Bon Aire; Intesar Duncan, 1229 Burns Ave.; Verne Nelson, 3414 E. Court St., representing Iowa City/Coralville Convention & Visitors Bureau; Delores "Dee" Capps, 2801 Hwy. 6 E. #65; Holly Berkowitz, 612 Granada Ct.; Joe Daringer, 2419 Lakeside Manor; and Colin Gordon, 225 Church St. Moved by Kubby, seconded by Lehman, to accept correspondence from: Holly Berkowitz; Dave Couchman; Convention & Visitors Bureau. The Mayor declared the motion carried unanimously, 7~0, all Council Members pres- ent. A public hearing was held on plans, specifications, form of contract and estimated cost of construction of the 1996 Curb Ramp Project. No one appeared. Moved by Kubby, seconded by Lehman, to adopt RES. 96-41, Bk. 115, p. 41, AP- PROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1996 CURB RAMPS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVER- TISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS at 10:30 a.m. March 19, 1996. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Norton, that the ordinance amending Title 14, Chapter 3, "City Utilities," Article E, "Wastewater Treatment Works Indirect Discharge" for the City Code by adding provisions to regulate holding tank waste transporters (liquid waste haulers), be given second vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the current vacancies: St. Center Corem. - One vacancy to fill an unexpired term ending December 31, 1996. This appointment will be made at the March 26, 1996, meeting of the City Council. Housing & Community Development Comm. - One vacan- cy to fill an unexpired term ending September 1, 1998. This appointment will be made at the April 9, 1996, meeting of the City Council. The Mayor noted the previously announced vacancies: P&Z Comm. - One vacancy for a five-year term ending May 1, 2001. This appointment will be made at March 26, 1996, meeting of the City Council. Moved by Lehman, seconded by Thornberry, to re-appoint Lyra Dickerson, 324 Post Rd., to the Civil Service Comm. for a six-year term ending April 1, 2002; appoint Benjamin Chair, 452 N. Seventh Ave., to the P&Z Comm. to fill an unexpired term ending May 1,2001; appoint Lori Goetsch, 1108Carver St., to the Riverfront & Natural Areas Comm. for an unex- pired term ending December 1, 1998. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Norton reminded citizens of the special testing of emergency sirens on February 28; stressed the importance of ~eceiving Board and Commission minutes in a timely fashion; and urged citizens to apply for vacancies on City Boards and Commissions. Council Activities February 27, 1996 Page 4 Council Member Kubby noted the petition received from the Regina PT0 for a pedestri- an phase button at First Avenue Rochester and asked the matter be referred to the Traffic Engr.; and invited citizens to attend the second meeting of a group called Progressive Johnson County on February 29. Council Member Lehman noted the accomplishments of Angie Lee, the University of Iowa Women's Basketball Coach and her team for capturing the Big Ten title; and stated his support and pride in the Regina Girls Basketball team becoming the first Iowa City women's team to play in a state tournament. Council Member Thornberry outlined his reason for not supporting the request to review the combining of the City and County Assessor offices. He noted the recent memo .from City staff regarding the potential water runoff problem over the Pleasant Valley Golf Course and requested staff look at the matter again. Council Member Baker reiterated the desire to hear from staff on the petition received from the Regina PTO concerning the First Avenue and Rochester intersection; noted the North Liberty City Council meeting being held that same evening on a rezoning request for a large multi-family development; called attention to an article in the City High newspaper regarding the committee formed to determine the new principal and the visual schematic of gender breakdown; and acknowledged the pride and support of the whole community in the success of the Regina Girls Basketball team. He outlined his reasons for proposing the possible coordi- nation/consolidation of the City and County Assessors offices. Mayor Novick reported she had received an inquiry regarding a spring leaf pick-up. After discussion Council agreed to maintain the street sweeping schedule and not schedule a leaf pick-up. The City Manager announced the hiring of Housing Administrator, Robert Hagarty. Moved by Kubby, seconded by Lehman, to adjourn 9:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. MarWiCK. Karr, City Clerk Naomi J. Nb~/ick', Mayor Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceed- ings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 2/13/96 Iowa City City Council, regular meeting, 7;30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. The Mayor presented Citizenship Awards to Julie Dwyer and Rick Kron, students of Regina Elementary School. Moved and seconded 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 January 30 and of the special meeting of February 6, as pub- lished, subject to corrections, as recom- mended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. meeting of January 25, Feb- ruary 1; Bd. of Appeals meeting of Octo- ber 30, December 1 i. Permit Motions: Class "C" Beer Permit for DellMart #2, 1920 Lower Muscatine Rd. Class "E" Beer Permit for Hy-Vee Food Store//1,501 Hollywood Bird. Class "E" Beer Permit for H¥-Vee #2, 310 N. First Ave. Class "E" Beer Permit for Hy-Vee Food Store//3, 1201 N. Dodge St. Class "E" Liquor License for Econofoods //473, 1987 Broadway. Class "E" Liquor License for John's Grocery, 401 E. Market St. Class "B" Beer Permit for Fries BBQ & Grill, 1940 Lower Muscatine Rd. Class C Liquor License for The Fieldhouse, 111 E. College St. RES. 96-26, ISSUE DANCING PERMIT. Setting Public Hearings: RES. 96-27, SETTING A PUBLIC HEARING TO DIS- CUSS THE PROPOSED OPERATING BUD- GET FOR THE FISCAL YEAR JULY 1, 1996 THROUGH JUNE 30, 1997, THE ' PROPOSED THREE-YEAR FINANCIAL · PLAN, AND ALSO THE SEVEN YEAR CAPITAL IMPROVEMENTS PROGRAM. RES. 96°28, SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST OF CONSTRUCTION OF THE 1996 CURB RAMP PROJECT. Official Actions February 13, 1996 Page 2 Resolutions: RES. 96-29, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVE- MENTS FOR LOT 152 AND LOTS 168- 179 INCLUSIVE OF COURT HILL-SCOTT BOULEVARD ADDITION, PART IX. RES. 96-30, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A WATERMAIN EASE- MENT AND A PORTION OF A PRIVATE STREET, UTILITY AND ACCESS EASE- MENT LOCATED IN COURT HILL-SCOTT BOULEVARD ADDITION PART IX, AND TO APPROVE AND EXECUTE A SUBSTITUT- ED PRIVATE STREET, UTILITY, AND AC- CESS EASEMENT AGREEMENT FOR THE SAME PROPERTY. RES. 96-31, AUTHO- RIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 434 CRESTVIEW AVENUE, IOWA CITY, IOWA. RES. 96-32, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 416 SOUTH DODGE STREET, IOWA CITY, IOWA. RES. 96-33, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A COMMON AREA ACCESS EASEMENT AND A WATER MAIN AND UTILITY EASEMENT LOCATED ON LOTS 3 AND 4, D & L SUBDIVISION, IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A SUBSTITUTED WATER MAIN EASEMENT AGREEMENT FOR THE SAME PROPERTY, RES. 96-34, ACCEPT- ING THE WORK FOR THE IOWA CITY LANDFILL LEACHATE CONTROL SYSTEM PROJECT. Correspondence: Memorandum from the Traffic Engineer regarding parking of] south side of Pepper Drive from Birch Street west to Sandusky Drive. Larry Molnar regarding the transit public hearing. Dave Couchman regarding transit issues. Annie Tucker regarding funding for media- tion. Correspondence regarding transit system from: Rockne Foreman, Jason Moritz, Marsha Hucke, Julie Talbot, Chris Roberts, Val Mowry, Sara Beth Schneider, Kitsten Phillips. Request and petition from Helen Letoroe PTA Safety Comm. and concerned Lemme parents regarding adult crossing guard. Michaelanne Widness regarding design for First Ave. improve- Official Actions February 13, 1996 Page 3 ments. Rodney & Bethann Alber regarding Iowa City water supply & facilities project. The Mayor declared the motion carried. Rodney & Bethann Alber, 400 First Ave- nue, presented a statement regarding CiW plans for water renovation projects and location of wells. Mike Finley, 715 S. First Ave., ap- peared regarding the First Avenue widening project, stated his concerns for the safety of school children, and his desire not to widen the street to four lanes. Judy PIoessl, 134 Raven St., Helen Letoroe PTA Safety Comm., appeared supporting a petition for a crossing guard at Dartmouth and Washington Streets. Moved and seconded to set a public hear- ing for February 27 on an ordinance amending Title 14, Chapter 6, "Zoning," Article H, "in- dustrial Zones," to allow the outdoor storage of recyclable materials in the l-1 zone as an acces- sory use to a recycling processing facility by special exception. The Mayor declared the motion carried. Moved and seconded to set a public hear- ing for February 27 on an ordinance amending Title 14, Chapter 6, "Zoning," to allow tempo- rery real estate sales centers in residential zones. The Mayor declared the motion carried. Moved and seconded to set a public hear- ing for February 27 on an ordinance amending the Conditional Zoning Agreement for the D&L Subdivision, located southeast of the intersec- tion of Highway 1 and Sunset Street, to elimi- nate the requirement to provide access to property to the south. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zon- ing," Article K, entitled "Environmental Regula- tions," Section 1, entitled "Sensitive Areas Ordinance," Subsection I, entitled "Steep Slopes," to allow consideration of development activities within areas containing previously altered slopes. Richard Rhodes, 2014 Roches- ter Ave. and John Moreland, 2602 Rochester Ave. appeared. Moved and seconded to accept correspondence from: Richard Rhodes. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to I~ebruary 27. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Zoning Chapter by approving a Sensitive Areas Development Plan and chang- ing the use regulations from PRM, Planned High Density Multi-Family Residential Zone, to PRM- Official Actions February 13, 1996 Page 4 OSA, Planned High Density Multi-family Resi- dential - Sensitive Areas Overlay Zone for a 0.32 acre property located at 517 S. Linn Street. Moved and seconded to continue the public hearing to February 27. The Mayor declared the motion carried. Moved and seconded that the rule requir- ing 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. 96-3716, AMENDING THE ZONING CHAPTER BY CONDI- TIONALLY CHANGING THE USE REGULA- TIONS OF APPROXIMATELY .3 ACRE PROPER- TY LOCATED AT 1500 SYCAMORE STREET FROM RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO C0-1, COMMERCIAL OF- FICE, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded that the ordinance amending the Zoning Chapter by changing the use regulations for a .5 acre property located at 840 Cross Park Avenue from CO-1, Commer- cial Office, to CC-2, Community Commercial, be given second vote for consideration. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 3, "City Utilities," Article E, "Wastewater Treatment Works Indirect Discharge" for the City Code by adding provisions to regulate holding tank waste transporters (Liquid Waste Haulers). Mike Olin, representing Roto-Rooter, 850 Capitol St., ap- peared. Moved and seconded that the ordinance amending Title 14, Chapter 3, "City Utilities," Article E, "Wastewater Treatment Works Indirect Discharge" of the City Code by adding provisions to regulate holding tank waste transporters (liquid waste haulers), be given first vote for considerations. The Mayor de- clared the motion carried. Moved and seconded to adopt RES. 96- 35, APPROVING THE PROPERTY TAX EXEMP- TION APPLICATION FOR THE CITIZEN BUILD- ING PROJECT. Moved and seconded to adopt RES. 96- 36, AWARDING CONTRACT AND AUTHORIZ- ING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUC- TION OF THE HIGHLANDER AREA SANITARY Official Actions February 13, 1996 Page 5 SEWER, LIFT STATION, AND FORCE MAIN PROJECT. Moved and seconded to adopt RES. 96- 37, TEMPORARILY CLOSING PORTIONS OF MADISON STREET RIGHT-OF-WAY AND AU- THORIZING THE EXECUTION OF AN AGREE- MENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. Moved and seconded to adopt RES. 96- 38, AWARDING CONTRACT AND AUTHORIZ- ING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUC- TION OF THE IOWA RIVER TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE PROJECT, STP-E-371513)--8V-52. Moved and seconded to adopt RES. 96- 39, AUTHORIZING EXECUTION OF A DRAIN- AGE AGREEMENT BY AND BETWEEN ROBERT H. WOLF AND ERMA J. WOLF, HUSBAND AND WIFE, (COLLECTIVELY "WOLFS"), J.E.B.B.L.C., AN IOWA LIMITED LIABILITY COMPANY ("J.E.B.B."), BART SCHUCHERT AND GENE SCHUCHERT, (COLLECTIVELY "SCHUCHERTS"), SHAM RUSSELL AND ANGELINE M. RUSSELL, (COLLECTIVELY "RUSSELLS"), ACE AUTO RECYCLERS, INC. AN IOWA CORPORATION ("ACE") AND CITY OF IOWA CITY, IOWA AN IOWA MUNICIPAL CORPORATION ("CITY"). Moved and seconded that the rule requir- ing 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. 96-3717, AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," SUBSECTION 1, "DEFINITIONS," OF THE CITY CODE BY AMENDING THE DEFINI- TION OF TAXICAB, be finally adopted at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. The Mayor noted the current vacancies: Civil Service Comm. - One vacancy for a six- year term ending April 1, 2002; P&Z Comm. - ~)ne vacancy to fill an unexpired term ending May 1, 2001; Riverfront & Natural Areas Comm. - One vacancy for an unexpired term ending December 1,1998. These appointments will be made at the February 27 meeting of the City Council. P&Z Comm. 4 One vacancy for a five-year term ending May 1, 2001; St. Center Official Actions Februa~ 13, 1996 Page 6 Comm. - one vacancy for an unexpired term ending December 31, 1997, These appoint- ments will be made at March 26 meeting of the City Council. Moved and seconded to adjourn 9:35 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk. s/NAOMI NOVICK. MAYOR s/MARIAN K. KARR, CITY CLERK Submitted for publication 2/22/96. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 13, 1996 Iowa City City Council, regular meeting, 7:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Arkins, Helling, Woito, Karr, Franklin, Schmadeke, Fosse. Council Minutes tape recorded on Tapes 96-22, Side 2; 96-26, Both Sides. The Mayor presented Citizenship Awards to Julie Dwyer and Rick Kron, students of Regina Elementary School. Moved by Lehman, seconded by Norton, that the following itemsand recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council actions of the regular meeting of January 30, 1996, and of the special meeting of February 6, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. meeting of January 26, 1996, February 1, 1996; Bd. of Appeals meeting of October 30, 1995, December 11, 1995. Permit Motions: Approving a Class "C" Beer Permit for DellMart #2, 1920 Lower Muscatine Rd. Approving a Class "E" Beer Permit for Hy-Vee Food Store #1, 501 Hollywood Blvd. Approving a Class "E" Beer Permit for Hy-Vee #2, 310 N. First Ave. Approving a Class "E" Beer Permit for Hy-Vee Food Store #3, 1201 N. Dodge St. Approving a Class "E" Liquor License for Econofoods #473, 1987 Broadway. Approving a Class "E" Liquor License for John's Grocery, 401 E. Market St. Approving a Class "B" Beer Permit for Fries BBQ & Grill, 1940 Lower Muscatine Rd. Approving a Class C Liquor License for The Fieldhouse, 111 E. College St. RES. 96-26, Bk. 115, p. 26, ISSUE DANCING PERMIT. Setting Public Hearings: RES. 96-27, Bk. 115, p. 27, SETTING A PUBLIC HEARING for February 27, 1996, TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1996 THROUGH JUNE 30, 1997, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE SEVEN YEAR CAPITAL !MPROVE- MENTS PROGRAM. RES. 96-28, Bk. 115, p.28, SETTING PUBLIC HEARING for February 27, 1996, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST OF CONSTRUCTION OF THE 1996 CURB RAMP PROJECT. Resolutions, Bk. 115: RES. 96-29, p. 29, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR LOT 152 AND LOTS 168-179 INCLUSIVE OF COURT HILL-SCOTT BOULEVARD ADDITION, PART IX. RES. 96-30, p. 30, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A WATERMAIN EASEMENT AND A PORTION OF A PRIVATE STREET, UTILITY AND ACCESS EASEMENT LOCATED IN COURT HILL- SCOTT BOULEVARD ADDITION PART IX, AND TO APPROVE AND EXECUTE A SUBSTITUTED PRIVATE STREET, UTILITY, AND ACCESS EASEMENT AGREEMENT FOR THE SAME PROPERTY. RES. 96-31, p. 31, AUTHORIZING THE MAYOR T.O SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 434 CRESTVIEW AVENUE, IOWA CITY, IOWA. RES. 96-32, p. 32, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 416 SOUTH DODGE STREET, IOWA CITY, IOWA. RES. 96-33, p. 33, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A COMMON AREA ACCESS EASE- MENT AND AWATER MAIN AND UTILITY EASEMENT LOCATED ON LOTS 3 AND 4, D & L SUBDIVISION, IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A SUBSTITUTED WATER MAIN EASEMENT AGREEMENT FOR THE SAME PROPERTY. Council Activities Regular Council Meeting February 13, 1996 Page 2 RES. 96-34, p. 34, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL LEACHATE CONTROL SYSTEM PROJECT. Correspondence: Memorandum from the Traffic Engineer regarding parking on south side of Pepper Drive from Birch Street west to Sandusky Drive. Larry Molnar regarding the transit public hearing. Dave Couchman regarding transit issues. Annie Tucker regarding funding for mediation. Correspondence regarding transit system from: Rockne Foreman, Jason Moritz, Marsha Hucke, Julie Talbot, Chris Roberts, Val Mowry, Sara Beth Schneider, Kitsten Phillips. Request and petition from Helen Letoroe PTA Safety Comm. and concerned Letoroe parents regarding adult crossing guard. Michaelanne Widness regarding design for First Ave. improvements. Rodney & Bethann Alber regarding Iowa City water supply & facilities project. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Rodney & Bethann Alber, 400 First Avenue, presented a statement regarding City plans for water renovation projects and location of wells. Mike Finley, 715 S. First Ave., appeared regarding the First Avenue widening project, stated his concerns for the safety of school children, and his desire not to widen the street to four lanes. Judy Ploessl, 134 Raven St., Helen Lemme PTA Safety Comm., appeared supporting a petition for a crossing guard at Dartmouth and Washington Streets. Staff will follow-up. Moved by Lehman, seconded by Thornberry, to set a public hearing for February 27 on an ordinance amending Title 14, Chapter 6, "Zoning," Article H, "Industrial Zones," to allow the outdoor storage of recyclable materials in the I-1 zone as an accessory use to a recycling processing facility by special exception. The Mayor declared the motion carried unanimously, 6/0, Baker absent. Moved by Norton, seconded by Lehman, to set a public hearing for February 27 on an ordinance amending Title 14, Chapter 6, "Zoning," to allow temporary real estate sales centers in residential zones. The Mayor declared the motion carried, 6~0, Baker absent. Moved by Vanderhoef, seconded by Thornberry, to set a public hearing for February 27 on an ordinance amending the Conditional Zoning Agreement for the D&L Subdiwsion, located southeast of the intersection of Highway 1 and Sunset Street, to eliminate the requirement to provide access to property to the south. The Mayor declared the motion carried, 6~0, Baker absent. A public hearing was held on an ordinance amending Title 14. Chapter 6, entitled "Zoning," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas Ordinance," Subsection I, entitled "Steep Slopes," to allow consideration of development activities within areas containing previously altered slopes. Richard Rhodes, 2014 Rochester Ave. and John Moreland, 2602 Rochester Ave. appeared. Moved by Norton, seconded by Vanderhoef, to accept correspondence from: Richard Rhodes. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, to continue the public hearing to February 27, 1996. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held on an ordinance amending the Zoning Chapter by approving a Sensitive Areas Development Plan and changing the use regulations from PRM, Planned High Density Multi-Family Residential Zone, to PRM-OSA, Planned High Density Multi-family Residential- Sensitive Areas Overlay Zone for a 0.32 acre property located at 517 S. Linn Street (Kidwell). No one appeared. Moved by Norton. seconded by Lehman. to continue the public hearing to February 27, 1996. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Council Activities Regular Council Meeting February 13, 1996 Page 3 Moved by Norton, seconded by Kubby, 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. 96-3716, Bk. 39, p. 10, AMENDING THE ZONING CHAPTER BY CONDITION- ALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY .3 ACRE PROPERTY LOCATED AT 1500 SYCAMORE STREET FROM RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO C0-1, COMMERCIAL OFFICE (4C's), be voted on for final passage at this time. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Lehman, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7~0, all Council Member present. The Mayor declared the ordinance adopted. Moved by Lehman, seconded by Thornberry, that the ordinance amending the Zoning Chapter by changing the use regulations for a .5 acre property located at 840 Cross Park Avenue from CO-1, Commercial Office, to CC-2, Community Commercial (Sundblad), be given second vote for consideration. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman. Nays: Norton. Absent: None. A public hearing was held on an ordinance amending Title 14, Chapter 3, "City Utilities," Article E, "Wastewater Treatment Works Indirect Discharge" for the City Code by adding provisions to regulate holding tank waste transporters (Liquid Waste Haulers). Mike Olin, representing Roto-Rooter, 850 Capitol St., appeared. Moved by Kubby, seconded by Baker, that the ordinance amending Title 14, Chapter 3, "City Utilities," Article E, "Wastewater Treatment Works Indirect Discharge" of the City Code by adding provisions to regulate holding tank waste transporters (liquid waste haulers), be given first vote for considerations. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 96-35, Bk. 115, p. 35. APPROVING THE PROPERTY TAX EXEMPTION APPLICATION FOR THE CITIZEN BUILDING PROJECT. PCD Director Franklin present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Baker, Kubby, Lehman, Norton, Nowck. Nays: Thornberry. Absent: None, Moved by Lehman, seconded by Thornberry, to adopt RES. 96-36, Bk. 115, p. 36, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT to Maxwell Construction for $224,720.12. City Engr. Fosse present for discussion. Affirmative roll call vote unammous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 96-37. Bk. 115, p. 37, TEMPORARILY CLOSING PORTIONS OF MADISON .STREET RIGHT-OF-WAY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Thornberry, to adopt RES. 96-38, Bk. 115, p. 38, AWARDING CONTRACTAND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA RIVER TRAIL, 10WA MEMORIAL UNION BRIDGETO IOWA AVENUE PROJECT, STP-E-3715(3)--8V-52 to Peterson Contractors, Council Activities Regular Council Meeting February 13, 1996 Page 4 Inc., for $194,163.42. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Lehman, to adopt RES. 96-39, Bk. 115, p. 39, AUTHORIZING EXECUTION OF A DRAINAGE AGREEMENT BY AND BETWEEN ROBERT H. W0LFAND ERMA J. WOLF, HUSBAND AND WIFE, (COLLECTIVELY "WOLFS"), J.E.B.B.L.C., AN IOWA LIMITED LIABILITY COMPANY ("J.E.B.B."), BART SCHUCHERT AND GENE SCHUCHERT, (COLLECTIVELY "SCHUCHERTS"), SHAM RUSSELL AND ANGELINE M. RUSSELL, (COLLECTIVELY "RUSSELLS"), ACE AUTO RECYCLERS, INC. AN IOWA CORPORATION ("ACE") AND CITY OF IOWA CITY, IOWA AN IOWA MUNICIPAL CORPORA- TION ("CITY"). City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. In response to the City Mgr., City Engr. Fosse updated Council on the Public Works Design Standards currently being reviewed by P&Z, noting it was scheduled for action at the P&Z meeting of March 7. After discussion, Council agreed to wait for a recommendation from P&Z, remove the item from their work session of February 20, and directed staff to explore with P&Z the possibility of adopting a portion of the standards. Staff will follow-up. Moved by Thornberry, seconded by Kubby, 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. 96-3717, Bk. 39, p. 11, AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," SUBSECTION 1, "DEFINITIONS," OF THE CITY CODE BY AMENDING THE DEFINITION OF TAXICAB, be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Norton, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Regarding Agenda item #12, Resolution 96-39, Council Member Lehman verified the agreement was for the drainage ditch only. The City Atty. stated the agreement involves public and private properties. The Mayor noted the current vacancies: Civil Service Comm. - One vacancy for a six- year term ending April 1, 2002; P&Z Comm. - One vacancy to fill an unexpired term ending May 1, 2001; Riverfront & Natural Areas Comm. - One vacancy for an unexpired term ending December 1, 1998. These appointments will be made at the February 27, 1996, meeting of the City Council. P&Z Comm. - One vacancy for a five-year term ending May 1, 2001; Sr. Center Comm. - one vacancy for an unexpired term ending December 31, 1997. These appointments will be made at March 26, 1996, meeting of the C~ty Council. Council Member Norton reported on his visit to the Veterans Hospital; stated he would be following up on the emergency plan for responding to a break m the Coralville dam with Emergency Management Commission; reported on a Longfellow Neighborhood Association meeting; and discussion on the Ralston Creek Trail. Council Member Kubby thanked the Greater Iowa City Fellowship for voluntarily agreeing to a payment in lieu of property taxes for low income housing, and encouraged other congregations to do the same. Council Member Lehman reported on his tour of the Citizen Building and the incredible job to renovate the building into apartments. Council Member Thornberry stated his concern with the gender make-up being mentioned each time a Board or Commission vacancy ~s announced. The Mayor stated the gender make-up was announced in an effort to strive for gender balance on City Boards and Commissions. Thornberry noted his mother was a recent patient at Mercy Hospital. Council Activities Regular Council Meeting February 13, 1996 Page 5 Council Member Vanderhoef referenced the letter included in Council packet congratulating Police Officer AI Mebus on his completion of training in the Training for Intervention Procedures (TIPS) program. Council Member Baker referenced the Press Citizen editorial supporting the Human Rights Commission request for staff, noting Council had already acted favorably on the investigator position request, and stated his displeasure with the editorial remarks against the Commission. Baker referenced information furnished to Council regarding construction permit fees in the State, noting Iowa City had lower fees than most ether cities in the State including Coralville. In response to phone calls, Baker stated he was unaware of any proposed City ordinance requiring all businesses to provide health insurance for their employees. Baker reiterated his desire to schedule Council discussion to review zoning ordinances/requirements for development of the Near South Side concerning commercial/residential uses. In response to concerns expressed by Council Member Thornberry regarding gender balance and Board/Commission vacancies, Council Member Kubby stated her desire to maintain the present practice in hopes the gender information would encourage applicants. Mayor Novick referenced copies of information furnished to Council on a parking ticket (Cathleen McCready) matter and requested further information; noted the letter from Lynne Stamus regarding raised planters for persons with disabilities and stated the Parks Department was already communicating with the individual; and reported that eight deer had been sighted swimming from the peninsula to Park Road. The City Mgr. stated that Human Service Planner Severson would be presenting the Aid to Agencies information to Council at their February 14 meeting. Council asked the City Mgr. to commend the Police and Fire Departments for their handling the President's visit the previous week-end. The Citv Atty. reported she was currently in the final stages of interviewing for the Asst. City Atty. position. Moved by Kubby, seconded by Lehman, to adjourn 9:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr, City Clerk