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HomeMy WebLinkAbout1996-04-23 Council minutesSubject to change as finalized by the City Clerk. Clerk's Office, 356-5040. For a final official copy, contact the City COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 23, 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, Schoon, Franklin, Rocca, Jensen, Scott, Schmadeke, Winstead. Council minutes tape recorded on Tapes 96-51, Side I & 96-54, Both Sides. The Mayor proclaimed Volunteer Week - April 21-27, 1996, Carol Lear, Volunteer Administrators Network, accepted; Day of Honor for the National Merit Scholarship Finalists - April 24, 1996; Arbor Day - April 26, 1996; SAFE KIDS Week - May 4-11, 1996, Margaret Si~lber, Mercy Hospital, accepted. The Mayor presented the Outstanding Student Citizen Awards to Shimek Elementary: Laura Mason-Marshall, Molly Monserud, Molly Stapleton, and Lindsey White. The Mayor, Mercy Hospital representative Margaret Sillber, and Fire Chief Rocca recognized the efforts of Fire Marshall Roger Jensen in formulating the Johnson County SAFE KIDS Coalition. Moved by Thornberry, seconded by Vanderhoef, that the following items and recom- mendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the special meeting of April 8, 1996, and the regular meeting of April 9, 1996, as published, subject to corrections, as recom- mended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. - March 6, 1996; Airport Comm. - March 14, 1996; Broadband Telecomm. Comm. - March 22, 1996; 8d. of Library Trustees - March 28, 1996; Historic Preservation Comm. - March 30, 1996; P&Z Comm. - April 4, 1996; Design Review Comm. - April 15, 1996; Rules Comm. - April 17, 1996. Permit Motions: Approving a Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss. Approving a Class A Liquor License for Loyal Order of Moose Lodge #1096, 950 Dover St. Approving a Class E Beer Permit for Dubuque Street HandiMart, 204 N. Dubuque St. Approving a Class B Beer Permit for Chill & Grill, 206 N. Linn St. RES. 96-94, Bk. 115, p. 94, ISSUE DANCING PERMIT. Setting Public Hearings: Setting a public hearing for May 7, 1996, on an ordinance amending the Finances, Taxation, and Fees Chapter of the City Code by amending Title 3, Chapter 4, Subsection 6, entitled "Public Transportation," to in- crease the fare for public transportation. RES. 96-95, Bk. 115, p. 95, SETTING A PUBLIC HEARING for May 7, 1996, ON AMENDING THE FY96 OPERATING BUDGET. RES. 96-96, Bk. 115, p. 96, SETTING A PUBLIC HEARING for May 7, 1996, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1996 SANITARY AND STORM SEWER PROJECT, DIRECT- ING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 96-97, Bk. 115, p. 97, SETTING A PUBLIC HEARING for May 7, 1996, ON PLANS, SPECIFI- CATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF SILURIAN WELLS NO. 3 AND NO. 4 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 96-98. BK. 115, p. 98, SETTING A PUBLIC HEARING for May 7, 1996, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE AVENUE BRIDGE RECONSTRUCTION PROJECT, PHASE I (PROJECT NO. BRM-3715(2)--8N-52), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEAR- Council Actions April 23, 1996 Page 2 ING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 96-99, Bk. 115, p. 99, SETTING A PUBLIC HEARING for May 7, 1996, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1996 MAINTENANCE AND REPAIR PROJECT- CAPITOL STREET PARKING RAMP, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 96-100, Bk. 115, p. 100, SETTING A PUBLIC HEARING for May 7, 1996, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF THE COST FOR THE CONSTRUCTION OF THE FIRST AVENUE RECONSTRUCTION PROJECT, STP-U-3715(8)--70-52, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGI- NEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Motions: Approve disbursements in the amount of $8,590,494.89 for the period of March 1 through March 31, 1996, as recommended by the Finance Director Subject to audit. Resolutions, Bk. 115: RES. 96-101, p. 101, AUTHORIZING ABANDONED 81CYCLE SALE TO BE HELD MAY 4, 1996. RES. 96-102, p. 102, APPROVING PROCE- DURAL RULES OF THE IOWA CITY, IOWA, BOARD OF ADJUSTMENT. RES. 96-103, p. 103, RESOLUTION NAMING DEPOSITORIES. RES. 96-104, p. 104, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR WHISPERING MEADOWS OUTLOT A- MEADOWLARK II CONDOS. RES. 96-105, p. 105, ACCEPTING THE WORK FOR THE PAVING AND WATER MAIN PUBLIC IMPROVEMENTS FOR 916 SCOTT PARK DRIVE. Correspondence: Rene Paine, Volunteer Administrators Network regarding celebration. Alpha Phi Omega Fraternity regarding Spring Clean-Up to be held April 27, 1996. Kelsey Wilcox regarding recycling. Jane Klitzka, Vice President of Grant Wood Neighborhood Association regarding Whispering Meadows Wetlands Park. Gerald Meis, Lenoch & Cilek, regarding Lenoch & Cilek building. Members of Consultation of Reli- gious Communities regarding St. Patrick's. Memorandum from the Civil Service Comm. submitting certified list of applicants for the position of Emergency Communications Dispatcher. Memoranda from the Traffic Engineer regarding: Removal of one-hour parking prohibition on the north side of the 100 block of East Lafayette Street; Stop sign installation on Stevens Drive at its intersection with Southgate Avenue; Stop sign installation on Southgate Avenue at its intersection with Gilbert Street. Mike Streb regarding St. Patrick's parking lot. E-Mail from Charlie & Nellie Kremenak regarding St. Patrick's parking lot & parish hall. Lemme Elementary School Committee regarding adult crossing guard. Applications for Use of City Plaza: Jacqueline Gharib for WINDS - April 13, 1996, approved. Steve Kouzounas for University of Iowa Animal Coalition - April 21, 1996, approved. James Madden for Jacqueline Kennedy Onassis Festival - April 25, 1996, approved. Stephen Groff for Iowa City Astronomy Club - April 25, 1996, approved. Karen Kubby for American Federation of Teachers- May 1, 1996, approved. Applications for Use of City Streets: CROP Walk - April 21, 1996, approved. Affirmative roll call vote unanimous. 7~0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Judy Ploessl, Helen Lemme Elementary School Safety Committee, stated sho had presented a petition to Council on February 15 requesting a crossing guard at the intersection of Washington and Dartmouth, a traffic study was completed April 16, and requested Council consideration. Staff will follow-up. Philip Zell, Senior Center Commissioner, updated Council on activities at the Center. Council Actions April 23, 1996 Page 3 A public hearing was he~d on an ordinance amending the Zoning Chapter to change the use regulations of a 3.09 acre tract from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing Overlay, and approval of a preliminary OPDH plan for property located on the north side of Village Road (Village Partners/Frantz). No one appeared. Mcved by Norton, seconded by Vanderhoef, to defer to June 4, 1996, first consider- ation of an ordinance amending City Code Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," by creating a new overlay zoning district entitled "Design Review Overlay Zone." Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, Kubby and Baker voting "nay." Moved by Kubby, seconded by Thornberry, that the ordinance amending the Zoning Chapter to change the use regulations of a 1.88 acre tract from RR-1, Rural Residential, to RS-5, Low Density Single-Family Residential for property located at 3263 Rohret Road (Streb), be given first vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Thornberry, to accept correspondence from Mary Joan Streb. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, 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. 96-3728, Bk. 39, p. 22, AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE .14ACRE PARCEL LOCATED AT 24 N. VAN BUREN STREET FROM RM-44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL, TO R/O, RESIDENTIAL/OFFICE (Raley), be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Thornberry, Vanderhoef, Baker, Lehman, Norton, Novick. Nays: Kubby. Absent: None. Moved by Vanderhoef, seconded by Thornberry, 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. Moved by Vanderhoef, seconded by Lehman, to adopt RES. 96-106, Bk. 115, p. 106, APPROVING A PRELIMINARY PLAT FOR GALWAY HILLS, PARTS THREE AND FOUR, IOWA CITY, IOWA. The City Arty. reported on conversations with the neighbors and noted corre- spondence was distributed. The Mayor stated Council would be voting on the original resolu- tion as presented two weeks ago. Council acknowledged the efforts of City Atty. Woito, Atty. Mullen and Larry Schnittjer. Affirmative roll call vote unanimous, 7~0, all Council Members present. i-he Mayor declared the resolution adopted. Moved by Norton, seconded by Thornberry, to accept correspondence from Galway Hills residents. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Lehman, seconded by Thornberry, to adopt RES. 96-107, Bk. 115, p. 107, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF RIVER HILL ADDITION, JOHNSON COUNTY, IOWA. PCD Director F~anklin present for discussion. Affirma- tive roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on Iowa City's FY97 Annual Action Plan, that is part of the consolidated plan (CITY STEPS), authorizing the City Manager to submit said plan and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the Authorized Chief Executive Officer for the Consolidated Plan. No one appeared. Moved by Kubby, seconded by Norton, to accept correspondence from Maryann Dennis, Greater Iowa City Housing Fellowship. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Council Actions April 23, 1 996 Page 4 Moved by F, ubby, seconded by Lehman, to adopt RES. 96-108, Bk. 115, p. 108, ADOPTING IOWA CITY'S FY97 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLI- DATED PLAN, ICITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN, excluding the CDBG allocation for the Free Medical Clinic. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Baker, seconded by Lehman, to adopt RES. 96-109, Bk. 115, p. 109, ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR THE FREE MEDICAL CLINIC WITHIN THE FY97 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS). Affirmative roll call vote unanimous, 6~0, Kubby abstaining. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Norton, to continue to May 7, 1996, a public hearing on allocation of $100,O00 of FY96 Community Development Block Grant and $100,000 of FY96 Home Investment Partnership funds to Robert Burns and Greater Iowa City Housing Fellowship for an affordable rental housing project. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Landfill Force Main Project. No one appeared. Moved by Vanderhoef, seconded by Thornberry, to defer indefinitely a resolution approve plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Landfill Force Main Project, establishing amount of bid security to accompany each bid, directing city clerk to publish advertisement for bids, and fixing time and place for receipt of bids. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Thornberry, seconded by Lehman, 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. 96-3729, Bk. 39, p. 23, AMENDING TITLE 6 "PUBLIC HEALTH AND SAFETY," BY ADDING A NEW CHAPTER 8, TO BE ENTITLED "PROHIBITED CONDUCT ON PUBLIC BUSES", be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Thornberry, Vanderhoef, Baker, Lehman, Norton, Novick. Nays: Kubby. Absent: None. Moved by Thornberry, seconded by Lehman, that the ordinance be finally adopted at this time. Affirmative roll call vote unani- mous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Baker, seconded by Vanderhoef, 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. 96-3730, Bk. 39, p. 24, REPEALING ORDINANCE NO. 92-3530 ESTABLISH- ING A'rAX FINANCING INCREMENT MECHANISM FORTHE NORTHGATE CORPORATE PARK URBAN RENEWAL AREA, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Vanderhoef, Baker, Lehman, Norton, Novick, Thornberry. Nays: Kubby. Absent: None. Moved by Baker, seconded by Lehman, that the ordinance be finally adopted at this time. Affirmative roll call vote unani- mous, 7~0, all Council Members present. The Mayor declared the ordinance adopted. Council Actions April 23, 1996 Page 5 Moved by Lehman, seconded by Vanderhoef, to adopt ORD. 96-3731, Bk. 39, p. 25, AMENDING TITLE 14, CHAPTER 3, "CITY UTILITIES," ARTICLE E, "WASTEWATER TREAT- MENT WORKS INDIRECT DISCHARGE" OF THE CITY CODE BY ADDING PROVISIONS TO REGULATE HOLDING TANK WASTE TRANSPORTERS (LIQUID WASTE) HAULERS. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 96-11 O, Bk. 115, p. 110, FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $120,000 GENERAL OBLIGATION CAPITAL LOAN NOTES OF IOWA CITY, IOWA, AND PROVIDING EVIDENCE OF NOTICE THEREOF for May 7, 1996. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 96-11 1, Bk. 115, p. 111, FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $175,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A GENERAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF for May 7, 1996. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 96-112, Bk. 115, p. 112, ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDEN- TIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY97, FY98, AND FY99. Affirmative roll call vote unanimous, 710, all Council Members present. '[he Mayor declared the resolution adopted. Moved by Lehman, seconded by Norton, to adopt RES. 96-113, Bk. 115, p. 113, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREE- MENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE COMPANY D/B/A JAVA HOUSE FOR A SIDEWALK CAFE. City Clerk Karr present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 96-114, Bk. 115, p. 114, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND BEAR CREEK ARCHEOLOGY, INC., OF CRESCO, IOWA, TO PROVIDE CONSULTANT SERVICES FOR AN ARCHEOLOGICAL SURVEY AND CULTURAL RESOURCES INVESTIGATION OF THE WATER FACILITIES SITE. PW Director Schmadeke present ~or d~scussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopt- ed. Moved by Thornberry, seconded by Lehman, to adopt RES. 96-11 5, Bk. 115, p. 115, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND, PROFESSIONAL ENGINEERS, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT. Civil Engr. Winstead present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopt- ed. Moved by Baker, seconded by Thornberry, to adopt RES. 96-116, Bk. 115, p. 116, AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE FIRST AVENUE RECONSTRUC- TION PROJECT WITH THE IOWA DEPARTMENT OF TRANSPORTATION. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, Novick, Thornberry, Baker. Nays: Vanderhoef. Absent: None. Council Actions April 23, 1996 Page 6 Moved by Lehman, seconded by Vanderhoef, to adopt RES. 96-117, Bk. 115, p. 117, AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE FIRST AVENUE RAILROAD CROSSING SURFACE RECONSTRUCTION PROJECT WITH THE STATE OF IOWA AND THE IOWA INTERSTATE RAILROAD. Civil Engr. Winstead present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present, The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Historic Preservation Comm. - One at-large vacancy to fill a three-year term ending March 29, 1 999. This appointment will be made at the May 21, 1996, meeting of the City Council. Council Member Norton requested Board and Commission vacancies be advertised in the neighborhood newsletters. Staff will follow-up. Norton reiterated an earlier request to remove City equipment from view during ceremonies at the cemetery. The City Mgr. stated he had contacted the Parks & Recreation department. Norton noted the letter from Jane Klitzka, Grant Wood Neighborhood Assn. (Consent Calendar) and requested an update on construction materials in the wetlands. The City Mgr. reported the contractor had been notified. Norton stated concerns regarding skateboarding in the City Plaza. Council Member Kubby invited everyone to attend the May Day celebration sponsored by the American Federation of Teachers, Local 716, on May 1 at the Plaza stage in the mini- park. Council Member Thornberry reported on the tree planting at Reno Park in honor of the children who died in the Oklahoma City bombing, noting that the two red bud trees were partially paid for by children from the Goosetown neighborhood. Council Member Vanderhoef thanked Roosevelt School, especially librarian Marianne Marie Kraus, for inviting her to participate in their reading project. She also acknowledge Hoover School for allowing her to participate in Career Day. Vanderhoef noted the recent house/apartment fire on Washington Street, stated the house had been cited for a number of violations, and urged the judge to issue a ruling to ensure safe housing in the community. The City Arty. said she had sent a letter to the judge asking for a ruling. Council Member Baker requested a clarification on starting formal Council meetings at 7:00 rather than 7:30. The City Clerk said a resolution will be placed on Council's agenda at their meeting May 7. The Mayor announced Council would discuss their meeting schedule at that time. In response to Baker, the City Clerk announced that the meeting with Coralville schedule for May 16 has been postpongd. Baker reported on the Energy Conservation Survey Program offered by MidAmerica Energy Company, and urged citizens to contact the company to take advantage of the program. He noted the articles supplied by Couacil Member Thornberry on publicly owned water and sewer systems, and from Dee Norton on federal cut backs and the impact across the country. Baker questioned meetings on the sales tax issue. The City Clerk stated Council has scheduled a work session for May 13 on that issue and she is working with the other dates provided at Council's work session to schedule meetings with Coralville and ICAD; a joint meeting with the County and city officials regarding the sales tax is also a possibility. Novick suggested scheduling a meeting on the fringe agreement also. Baker asked Council to consider moving "City Council Information" early on the agenda. Baker noted the construction of an apartment at the corner of College and Summit and neighborhood concerns regarding the project, and displayed information for those interested in contacting the owner. The Mayor noted the parties and tree planting in recognition of community volunteers; reminded citizens of the Crisis Center breakfast scheduled April 27; the Project GREEN Garden Sale the morning of May 4; and the last legislative forum sponsored by the League of Women Voters also on May 4. She also announced that the City was recruiting Census workers to help with the City Census starting August 29. Council Actions April 23, 1996 Page 7 The City Arty. clarified earlier remarks concerning a delay in receiving a judge's ruling (Council Time) noting that the judicial system was heavily weighed down with an incredible workload. Moved by Kubby, seconded by Lehman, to adjourn 9:45 p.m. The Mayor declared the motion carried unanimously, 710, all Council Members present. Mar)an K. Karr, City Clerk Naomi J. ~],~vi~k, 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 fo!lowing proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS- 4/8/96 Iowa City City Council, special meeting, 5:30 p.m. at the Civic Center. Mayor Novlck presiding. Council Merehere present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Moved and seconded to adjourn into executive session to discuss strategy with counsel in maltere that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the pdce the governmental body would have to pay for that pmpeity. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn 6:56 p.m. The Mayor declared the motion carded. A more complete description of Council activities is on file in the office of the City Clerk. s/NAOMI J. NOVICK, MAYOR s/MARIAN K. KARR, CITY CLERK _ , 13'1't 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 followlog proceed- ings and claims is $ . Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 419196 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 proclaimed Fair Housing Month - April; Community Development Day - April 11, Linda Murray accepted; Days of Remembrance of the Victims of the Holocaust -April 14-21; Medical Laboratory Week - April 15-20; A Day of Honor for Bethel A.M.E. Church - April 19, Ray. Willie W. Clemmons accepted; Infant Immunization Week - April 21-27; Week of the Young Child - April 21-27, Barbara Endel accepted; Crisis Canter Week - April 21-28, Ellen McCabe accepted. The Mayor presented the Outstanding Student Citizen Awards to Roosevelt Elementary Student Council; and Grant Wood Elementary students: Shanna Emerson, Sara Griffin, Nick Rocca, Jennifer Leggatt. 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 special meeti,~l u~ Murci~ 25, u.d ii~u regular meeting of March 26, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. meeting of January 9, February 13, March 4. Human Rights Comm. meeting of February 26. (a) Recommendation to amend the Iowa City Human Rights Comm. by- laws as follows by an addition to Section Xi - Human Rights Complaint Process, as follows: In a human rights complaint alleging sexual harassment, the parties making the probable cause determination as to whether discrimination occurred must weigh the Official Actions April 9, 1996 Page 2 prejudicial value and relevance of any evidence concerning the past sexual behavior of the complainant. Bd. of Appeals meeting of March 4. Bd. of Adjustment meeting of March 13. Design Review Comm. meeting of March 18. (a) Recommendation that the proposed Design Review Overlay Zone Ordinance be emended so that the City Council acts as the final arbiter in the appeal process. P&Z Comm. meeting of March 21. Permit Motions: Class C Liquor License for Red Lobster #759, 1069 Highway 1 West. Class C Liquor License for Kitty Hawk, 1012 Gilbert Ct. Class C Liquor License for Panchero's, Inc., 32 S. Clinton St. Class C Liquor License for Regina Gala, 2140 Rochester Ave. Class B Beer Permit for Sam's Pizza I.C., 321 S. Gilbert St. Class C Liquor License for Golden Oldies, 1910 S. Gilbert St. Class C Liquor License for Mondo's Sports Cafe, 212 S. Clinton St. RES. 96-80, ISSUE A DANCING PERMIT. Setting Public Hearings: Motion to set a public hearing for April 23, to discuss the allocation of $100,000 of FY96 Community Development 8lock Grant and $100,000 of FY96 Home Investment Partnership Funds to Robert Burns and Greater iowa City Housing Fellowship for an affordable rental housing project. RES. 96-81, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION, Resolutions: RES, 96-82, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR REHABILITATION OF THE PROPERTY LOCATED AT 226 Official Actions April 9, 1996 Page 3 ORCHARD COURT, IOWA CITY, IOWA. RES. 96-83, ACCI~PTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR WALDEN WOOD, PART 9. Correspondence: Robert Oppliger regarding BBoPs. Russell Karkowski, Jalandhara Meditation Center, regarding Tibetan lamas. Kenneth Moore {President) and Laura Reed {President-elect), University of Iowa Staff Council, regarding transit service. Karen Chappall, Joyce Summerwill, and Shirley Wyrick (Co-Chairs), The CenterSpace Committee regarding CenterSpace. Memoranda from the Traffic Engineer regarding: Stop sign installation on Fifth Avenue at its intersection with F Street and removal of stop signs on F Street at its intersection with Fifth Avenue; Stop sign installation on F Street at its intersection with Sixth Avenue; Stop sign installation on Waterfront Drive at its northerly intersection with Stevens Drive; Parking prohibition on both the north and south sides of Stevens Drive from its intersection with Gilbert Street east to its easterly intersection with Waterfront Drive. Jennifer McLarty, Iowa City Children's Museum, regarding locating their proposed museum in downtown Iowa City. Applications for Use of City Plaza: Nicole Cook for the Rape Victim Advocacy Program Clothesline Project Display to be held April 27, approved. Applications for Use of City Streets: Diane Denneny for tha Children's Miracle Network Telethon/Ronald McDonald House Race to be held Saturday, May 4, approved. The Mayor declared the motion carried. Holly Berkowitz, 612 Granada Ct., appeared as the crawdad lady and urged citizens to lobby for clean water. Richard Rhodes, 2014 Rochester Ave., presented a written statement concerning transportation networks in new subdivisions. Anne Buss, 525 W. Benton, appeared regarding use of the city utility newsletter for information on trash pick- up for multiple units; the City's recycling Official Actions April 9, 1996 Page 4 program; further exploration of a one cent sales tax; and Council travel. Moved and seconded to set a public hearing for April 23 on an ordinance amending the Zoning Chapter to change the use regulations of a 3.09 acre tract from RS-5, Low DensiW Single-Family Residential, to OPDH-5, Planned Development Housing Overlay, and approval of a preliminary OPDH plan for property located on the north side of Village Road. The Mayor declared the motion carried. A public hearing was held on Amendments to CiW Code Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones,"' by creating a new overlay zoning district entitled "Design Review Overlay Zone." The following individuals appeared: Martin Haynes, Chair, Design Review Commission; John Beckord, President, Chamber of Commerce; Tom Gelman, Chair, Chamber of Commerce; Anna Buss, 525 W. Benton; and Glenn Siders, Homebuilders Association. Moved and seconded to accept correspondence from: Daryl Woodson, Sanctuary; Suzanne Streitz, Downtown Association; Michael Brannin, Friends of Historic Preservation; John Gross, Technigraphics; Carol Spaziani, Arts Iowa City. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Zoning Chapter to change the use regulations of a 1.88 acre tract from RR-1, Rural Residential, to RS-5, Low Density Single- Family Residential for property located at 3263 Rohret Road. Moved and seconded that the ordinance amending the Zoning Chapter bv 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, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 96- 3722, AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE H, "INDUSTRIAL ZONES," TO ALLOW THE OUTDOOR STORAGE OF RECYCLABLE MATERIALS IN THE I-1, GENERAL INDUSTRIAL ZONE, AS AN ACCESSORY USE TO A RECYCLING Official Actions April 9, 1996 Page 5 PROCESSING FACILITY BY SPECIAL EXCEPTION. Moved and seconded to adopt ORD. 96- 3723, AMENDING TITLE 14, CHAPTER 6, "ZONING," TO ALLOW REAL ESTATE SALES CENTERS iN RESIDENTIAL ZONES, AND RELATED AMENDMENTS. Moved and seconded to defer indefinitely a resolution approving an amendment to the Comprehensive Plan by incorporating an amendment to the JCCOG Arterial Street Plan which adds the extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66. The Mayor declared the motion carried, Moved and seconded to adopt RES, 96-84, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WOODLAND RIDGE, PART ONE, JOHNSON COUNTY, IOWA, Moved and seconded to adopt a resolution approving a preliminary plat for Galway Hills, Parts three and four, a 27.77 acre, 78-Lot Subdivision located south of Galway Drive, east of Highway 218, The following individuals appeared: Dale Reiman, 28 Galway Place; Jody Murph, 3505 Galway Ct.; Mark Kamps, 16 Galway Place; Larry Schnittjer, MMS Consultants; and John Bayless, 524 Galway Dr. Moved and seconded to defer the resolution to April 23. The Mayor declared the motion carried. Moved and seconded to amend the motion to allow consideration of the resolution at a special meeting prior to April 23 should the matter be resolved sooner, The Mayor declared the motion to amend carried. Moved and seconded to accept correspondence from: Bev & Fred Johlin; Mark Kamps; Petrie & Stanley Naides; William & Jody Murph. The Mayor declared the motion carried. Public discussion was held on Burlington/Gilbert Street Intersection, Larry Waters, 1538 Rochester, appeared, Moved and seconded to accept correspondence from: Janice Blough, Dodge Cleaners, The Mayor declared the motion carried, A public hearing was held to discuss the Community Development Block Grant {CDBG) and Home Investment Partnerships (HOME) funding recommendations for FY97. The Official Actions April 9, 1996 Page 6 following individuals appeared: Linda Murray, Chair, HCD Commission; Lisa Pauley, Neighborhood Center of Johnson Count,/Board Member, Pheasant Ridge Apts.; Linda Miller, Program Coordinator, Mayor's Youth Employment Program; Robert Ballantyne, Director, ECI Employment and Training Consortium; Maryann Dennis, Administrator, Greater Iowa CiW Housing Fellowship; Michael Richards, Heartland Candleworks; and Rebecca Teasdale, Furniture Project, Domestic Violence Intervention Program. Moved and seconded to continue the public hearing to April 23. The Mayor declared the motion carried. A public hearing was held on plans, specifications, form of contract and estimate of cost for construction of Contract 2 of the Wastewater Treatment Connection Project, also known as Napoleon Park Pumping Station and North Plant Improvements Project, Moved and seconded to adopt RES. 96-85, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on plal)s, specifications, form of contract, and estimate of cost for the construction of the Melrose Avenue West Reconstruction Project, STP-U- 3715{6)--70-52. Moved and seconded to adopt RES. 96-86, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE AVENUE WEST RECONSTRUCTION PROJECT, STP-U-3715{6)--70-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE. A public hearing was held on plans, specifications, and estimate of cost for the construction of the Pine Street Pedestrian Tunnel Project. Official Actions April 9, 1996 Page 7 Moved and seconded to defer indefinitely a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Pine Street Pedestrian Tunnel Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. The Mayor declared the motion carried. Moved and seconded that the ordinance establishing passenger conduct on buses in Iowa City by establishing conduct guidelines for passengers and establishing guidelines for the removal of passengers, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt RES. 96-87, RESCINDING RESOLUTION NO. 92-75 ESTABLISHING THE NORTHGATECO RPORATE PARK URBAN RENEWAL PLAN. Moved and seconded that the ordinance repealing Ordinance No. 92-3530 Establishing a Tax Financing Increment Mechanism for the Northgate Corporate Park Urban Renewal Area, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to combine Items No. 15 through 18. The Mayor declared the motion carried. Moved and seconded 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 the following ordinances be adopted at this time: ORD. 96-3724, AMENDING SECTION 14, CHAPTER 5, ARTICLE A, BUILDING CODE, BY ADOPTING VOLUMES 1,2, AND 3 OF THE 1994 EDITION OF THE UNIFORM BUILDING CODE PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 96-3725, AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 1994 EDITION OF THE UNIFORM FIRE CODE AND PROVIDING FOR Official Actions April 9, 1996 Page 8 CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 96- 3726, AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 1994 EDITION OF THE UNIFORM PLUMBING CODE, WITH CERTAIN AMENDMENTS, TO REGULATE THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL PIPING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; ORD. 96-3727, AMENDING SECTION 14, CHAPTER 5, ARTICLE F, "DANGEROUS BUILDING CODE," BY ADOPTING THE 1994 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS WITH CERTAIN AMENDMENTS THERETO. The Mayor declared the motion carried. Moved and seconded that the ordinances be finally adopted at this time. The Mayor declared the ordinances adopted. Moved and seconded to accept the form of Tax Exemption Certificate pertaining to the $6,100,000 General Obligation Bonds. The Mayor decJared the motion carried. Moved and seconded to adopt RES. 96-88, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,100,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Moved and seconded to accept the form of Tax Exemption Certificate pertaining to the $18,300,O00 Sewer Revenue Bonds. The Mayor declared the motion carried. Moved and seconded to adopt RES. 96-89, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $18,300,000 SEWER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. Official Actions April 9, 1996 Page 9 Moved and seconded to approve disbursements in the amount of $6,742,448.77 for the period of February 1 through February 29, 1996, as recommended by the Finance Director subject to audit. The Mayor declared the motion carried. Moved and seconded to adopt RES. 96-90, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MWR TELECOM, INC. TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A FIBER OPTIC NETWORK. Moved and seconded to adopt RES. 96-91, APPROVING, EXECUTION OF A PERMANENT SANITARY SEWER, STORM SEWER AND WATER MAIN EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND B & S PROPERTIES. Moved and seconded to adopt RES. 96-92, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I-FEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER PEDESTRIAN TRAIL FROM PARK ROAD TO TAFT SPEEDWAY. Moved and seconded to adopt RES. 96-93, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF SCOTT BOULEVARD TRUNK SEWER PROJECT. Moved and seconded to adopt a resolution amending agreement between Trinity Episcopal Church and City of Iowa City, Iowa, for use of public right-of-way for portions of Gilbert and College Streets in Iowa City, Iowa. The Mayor declared the resolution defeated. Moved and seconded to accept correspondence from Edward Pisney, McComas-Lacina Construction. The Mayor declared the motion carried. The Mayor noted the current vacancy: Historic Preservation Comm. - One at-large vacancy to fill a three-year term ending March Official Actions April 9, 1996 Page 10 29, 1999. This appointment will be made at the May 21 meeting of the City Council. Moved and seconded to appoint David Purdy, 831 E. Market, to the Housing and Community Development Commission to fill an unexpired term ending September 1, 1998. The Mayor declared the motion carried. Moved and seconded to adjourn 12:40 a.m. The Mayor declared the motion carried. For a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. s/NAOMI NOVICK, MAYOR s/MARIAN K. KARR, CITY CLERK Submitted for publication 4/18/96 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 APRIL 8, 1996 Iowa City City Council, special meeting, 5:30 p.m. at the Civic Center. Mayor Novick presiding. Council Membem present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembem present: Karr. Council minutes tape recorded on Tape 96-42, Side 2. Moved by Thomberry, seconded by Lehman, to adjourn into executive session to discuss strategy with counsel in mattera that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be masonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 5:32 p.m. Council returned to open session 6:54 p.m. Moved by Kubby, seconded by Thornberry, to adjourn 6:56 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr. City Clerk 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 APRIL 9, 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 (8:20 p.m.), Helling, Woito, Karr, Schoon, Nasby, Davidson, Fosse, McClure, Schmadeke, Elias, Yucuis. Council minutes tape recorded on Tapes 95-48, 95-49 & 95-50, Both Sides. The Mayor proclaimed Fair Housing Month - April 1996; Community Development Day ~ April 11, 1996, Linda Murray accepted; Days of Remembrance of the Victims of the Holocaust ~ April 14-21, 1996; Medical Laboratory Week - April 15-20, 1996; A Day of Honor for Bethel A.M.E. Church - April 19, 1996, Rev. Willie W. Clemmons accepted; Infant Immunization Week - April 21~27, 1996; Week of the Young Child - April 21-27, 1996, Barbara Endel accepted; Crisis Center Week - April 21-28, 1996, Ellen McCabe accepted. The Mayor announced that she had just returned from Des Moines where Iowa City received a Tree City U.S.A. award and a growth award for achievement in education and public relations for our Tree Safety Worker Program. Additionally City Forester Terry Robinson was named Outstanding Professional of the Year for Urban Forestry in Iowa by the Iowa Urban & Forestry Council. The Mayor presented the Outstanding Student Citizen Awards to Roosevelt Elementary Student Council; and Grant Wood Elementary students; Shanna Emerson, Sara Griffin, Nick Rocca, Jennifer Leggott. Moved by Lehman, seconded by Thornberry, 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 special meeting of March 25, 1996, and the regular meeting of March 26, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. meeting of January 9, 1996, February 13, 1996, March 4, 1996. Human Rights Comm. meeting of February 26, 1996. (a) Recommendation to amend the Iowa City Human Rights Comm. by- laws as follows by an addition to Section Xi - Human Righi. s CumpluiJ,i. P~ocess, as follows: In a human rights complaint alleging sexual harassment, the parties making the probable cause determination as to whether discrimination occurred must weigh the prejudicial value and relevance of any evidence concerning the past sexual behavior of the complainant. Bd. of Appeals meeting of March 4, 1996. Bd. of Adjustment meeting of March 13, 1996. Design Review Comm. meeting of March 18, 1996. (a) Recommendation that the proposed Design Review Overlay Zone Ordinance be amended so that the City Council acts as the final arbiter in the appeal process. P&Z Comm. meeting of March 21, 1996. Permit Motions: Approving a Class C Liquor License for Red Lobster //759, 1069 Highway 1 West. Approving a Class C Liquor License for Kitty Hawk, 1012 Gilbert Ct. Approving a Class C Liquor License for Panchero's, Inc., 32 S. Clinton St. Approving a Class C Liquor License for Regina Gala, 2140 Rochester Ave. Approving Council Activities April 9, 1996 Page 2 a Class B Beer Permit for Sam's Pizza I.C., 321 S. Gilbert St. Approving a Class C Liquor License for Golden Oldies, 1910 S. Gilbert St. Approving a Class C Liquor License for Mondo's Sports Care, 212 S. Clinton St. RES. 96-80, Bk. 115, p. 80, ISSUE A DANCING PERMIT. Setting Public Hearings: Motion to set a public hearing for April 23, 1996, to discuss the allocation of $100,000 of FY96 Community Development Block Grant and $100,000 of FY96 Home Investment Partnership Funds to Robert Burns and Greater Iowa City Housing Fellowship for an affordable rental housing project. RES. 98-81, Bk. 115, p. 81, SETTING A PUBLIC HEARING for April 23, 1996, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 115: RES. 96-82, p. 82, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR REHABILITATION OF THE PROPERTY LOCATED AT 226 ORCHARD COURT, IOWA CITY, IOWA, RES. 96-83, p. 83, ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR WALDEN WOOD, PART 9. Correspondence: Robert Oppliger regarding BBoPs. Russell Karkowski, Jalandhara Meditation Center, regarding Tibetan lamas. Kenneth Moore (President) and Laura Reed (President-elect), University of Iowa Staff Council, regarding transit service. Karen Chappell, Joyce Summerwill, and Shirley Wyrick (Co-Chairs), The CenterSpace Committee regarding CenterSpace. Memoranda from the Traffic Engineer regarding: Stop sign installation on Fifth Avenue at its intersection with F Street and removal of stop signs on F Street at its intersection with Fifth Avenue; Stop sign installation on F Street at its intersection with Sixth Avenue; Stop sign installation on Waterfront Drive at its northerly intersection with Stevens Drive; Parking prohibition on both the north and south sides of Stevens Drive from its intersection with Gilbert Street east to its easterly intersection with Waterfront Drive. Jennifer McLarty, Iowa City Chddren's Museum, regarding locating their proposed museum in downtown iowa CiTy. Applications for Use of City Plaza: Nicole Cook for the Rape Victim Advocacy Program Clothesline Project Display to be held April 27, 1996, approved. Applications for Use of City Streets; Diane Denneny for the Children's Miracle Network Telethon/Ronald McDonald House Race to be held Saturday, May 4, 1996, approved. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Holly Berkowitz, 612 Granada Ct., appeared as the crawdad lady and urged citizens to lobby for clean water. Richard Rhodes, 2014 Rochester Ave., presented a written statement concerning transportation networks in new subdivisions. Anna Buss, 525 W. Benton, appeared regarding use of the city utility newsletter for information on trash pick-up for multiple units; the City's recycling program; further exploration of a one cent sales tax; and Council travel. Council Activities April 9, 1996 Page 3 Moved by Kubby, seconded by Norton, to set a public hearing for April 23, 1996, on an ordinance amending the Zoning Chapter to change the use regulations of a 3.09 acre tract from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing Overlay, and approval of a preliminary OPDH plan for property located on the north side of Village Road (Village Partners/Frantz). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on Amendments to City Code Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," by creating a new overlay zoning district entitled "Design Review Overlay Zone." The following individuals appeared: Martin Haynes, Chair, Design Review Commission; John Beckord, President, Chamber of Commerce; Tom Gelman, Chair, Chamber of Commerce; Anna Buss, 525 W. Benton; and Glenn Siders, Homebuilders Association. Planner Schoon present for discussion. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from: Daryl Woodson, Sanctuary; Suzanne Streitz, Downtown Association; Michael Brannin, Friends of Historic Preservation; John Gross, Technigraphics; Carol Spaziani, Arts Iowa City. 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 to change the use regulations of a 1.88 acre tract from RR-1, Rural Residential, to RS-5, Low Density Single- Family Residential for property located at 3263 Rohret Road (Streb). No one appeared. Moved by Vanderhoef, seconded by Lehman, that the 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 RIO, Residential/Office (Raley), be given first vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Norton, to adopt ORD. 96-3722, Bk. 39, p. 16, AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE H, "INDUSTRIAL ZONES," TO ALLOW THE OUTDOOR STORAGE OF RECYCLABLE MATERIALS IN THE Iol, GENERAL INDUSTRIAL ZONE, AS AN ACCESSORY USE TO A RECYCLING PROCESSING FACILITY BY SPECIAL EXCEPTION. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Norton, secondea by Lehman, to adopt ORD. 96-3723, Bk. 39, p. 17, AMENDING TITLE 14, CHAPTER 6, "ZONING," TO ALLOW REAL ESTATE SALES CENTERS IN RESIDENTIAL ZONES, AND RELATED AMENDMENTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby. seconded by Thornberry, to defer indefinitely a resolution approving an amendment to the Comprehensive Plan by incorporating an amendment to the JCCOG Arterial Street Plan which adds the extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66. JCCOG Dir. Davidson present for discussion. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Lehman, seconded by Thornberry, to adopt RES. 96-84, Bk. 115, p. 84, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WOODLAND RIDGE, PART ONE, JOHNSON COUNTY. IOWA. Asst. PCD Dir. Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities April 9, 1996 Page 4 Moved by Vanderhoef, seconded by Lehman, to adopt a resolution approving a preliminary plat for Galway Hills, Parts three and four, a 27.77 acre, 78-Lot Subdivision located south of Galway Drive, east of Highway 218. The following individuals appeared: Dale Reiman, 28 Galway Place; Jody Murph, 3505 Galway Ct.; Mark Kamps, 16 Galway Place; Larry Schnittjer, MMS Consultants; and John Bayless, 524 Galway Dr. Asst. Dir. PCD Davidson present for discussion. After discussion, moved by Kubby, seconded by Baker, to defer the resolution to April 23, 1996. The Mayor declared the motion carried, 4/3, Lehman, Thornberry, Vanderhoef voting no. After further discussion it was moved by Kubby, and seconded by Norton, to amend the motion to allow consideration of the resolution at a special meeting prior to April 23, 1996, should the matter be resolved sooner. The Mayor declared the motion to amend carried, 6/1, Lehman voting no. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from: Bev& Fred Johlin; Mark Kamps; Petrie & Stanley Naides; William & Jody Murph. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Public discussion was held on Burlington/Gilbert Street Intersection. Larry Waters, 1538 Rochester, appeared. Civil Engr. McClure present for discussion. Moved by Thornberry, seconded by Kubby, to accept correspondence from: Janice Blough, Dodge Cleaners. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held to discuss the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) funding recommendations for FY97. The following individuals appeared: Linda Murray, Chair, HCD Commission; Lisa Pauley, Neighborhood Center of Johnson County Board Member, Pheasant Ridge Apts.; Linda Miller, Program Coordinator, Mayor's Youth Employment Program; Robert Ballantyne, Director, ECI Employment and Training Consortium; Maryann Dennis, Administrator, Greater Iowa City Housing Fellowship; Sandi Schutt, Housing Specialist, Iowa City Housing Authority; Michael Richards, Heartland Candleworks; and Rebecca Teasdale, Furniture Project, Domestic Violence Intervention Program. Community Development Planner Nasby present for discussion. Moved by Lehman, seconded by Norton, to continue the public hearing to April 23, 1996. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on plans, specifications, form of contract and estimate of cost for construction of Contract 2 of the Wastewater Treatment Connection Project, also known as Napoleon Park Pumping Station and North Plant Improvements Project. No one appeared. Moved by Lehman, seconded by Vanderhoef, to adopt RES. 96-85, Bk. 115, p. 85, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS for May 21, 1996. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Melrose Avenue West Reconstruction Project. STP-U-3715(6)- -70-52. No one appeared. Council Activities April 9, 1996 Page 5 Moved by Lehman, seconded by Vanderhoef, to adopt RES. 96-86, Bk. 11 5, p. 86, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE AVENUE WEST RECONSTRUCTION PROJECT, STP-U-3715(6)--70-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 6~0, Baker absent. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, and estimate of cost for the construction of the Pine Street Pedestrian Tunnel Project. No one appeared. Moved by Norton, seconded by Lehman, to defer indefinitely a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Pine Street Pedestrian Tunnel Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. City Engr. Fosse present for discussion. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Vanderhoef, seconded by Norton, that the ordinance establishing passenger conduct on buses in Iowa City by establishing conduct guidelines for passengers and establishing guidelines for the removal of passengers, be given first vote for consideration. Parking & Transit Dir. Fowler present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Baker, seconded by Thornberry, to adopt RES. 96-87, Bk. 115, p. 87, RESCINDING RESOLUTION NO. 92-75 ESTABLISHING THE NORTHGATE CORPORATE PARK URBAN RENEWAL PLAN. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Lehman, that the ordinance repealing Ordinance No. 92-3530 Establishing a Tax Financing Increment Mechanism for the Northgate Corporate Park Urban Renewal Area, be given first vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Lehman, seconded by Norton, to combine Items No. 15 through 18. The Mayor declared the motion carried. Moved by Norton, seconded by Lehman, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings pr~or to the meeting at which ~t ~s to be f~nally passed be suspended, the second consideration and vote be waived, and that the following ordinances be adopted at this time: ORD. 96- 3724, Bk. 39, p. 18, AMENDING SECTION 14, CHAPTER 5, ARTICLE A, BUILDING CODE, BY ADOPTING VOLUMES 1,2, AND 3 OF THE 1994 EDITION OF THE UNIFORM BUILDING CODE PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 96-3725, Bk. 39, p. 19, AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 1994 EDITION OF THE UNIFORM FIRE CODE AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 96-3726, Bk. 39, p. 20, AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 1994 EDITION OF THE UNIFORM PLUMBING CODE, WITH CERTAIN AMENDMENTS, TO REGULATE THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION ,¥ Council Activities April 9, 1996 Page 6 OF ALL PIPING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; ORD. 96-3727, Bk. 39, p. 21, AMENDING SECTION 14, CHAPTER 5, ARTICLE F, "DANGEROUS BUILDING CODE," BY ADOPTING THE 1994 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS WITH CERTAIN AMENDMENTS THERETO. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Lehman, that the ordinances be finally adopted at this time. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinances adopted. Moved by Kubby, seconded by Norton, to accept the form of Tax Exemption Certificate pertaining to the $6,100,000 General Obligation Bonds. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Norton, seconded by Lehman, to adopt RES. 96-88, Bk. 115, p. 88, AUTHORIZING AND PROVIDING FORTHE ISSUANCE OF $6,100,O00 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Vanderhoef, to accept the form of Tax Exemption Certificate pertaining to the $18,300,000 Sewer Revenue Bonds. The Mayor declared the motion carried unanimous, 7~0, all Council Members present. Moved by Norton, seconded by Thornberry, to adopt RES. 96-89, Bk. 11 5, p. 89, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $18,300,000 SEWER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Thornberry, to approve disbursements in the amount of $6,742,448.77 for the period of February 1 through February 29, 1 996, as recommended by the Finance Director subject to audit. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconde. d oy Vd ,du huu,, to adopt nEo. Bk. I 15, p. 90, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MWR TELECOM, INC. TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A FIBER OPTIC NETWORK. City Eng,. Fosse present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Norton, to adopt RES. 96-91, Bk. 115, p. 91, APPROVING, EXECUTION OF A PERMANENT SANITARY SEWER, STORM SEWER AND WATER MAIN EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND B & S PROPERTIES. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Kubby, to adopt RES. 96-92. Bk. 115, p. 92, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT Council Activities April 9, 1996 Page 7 SERVICES FOR THE IOWA RIVER PEDESTRIAN TRAIL FROM PARK ROAD TO TAFT SPEEDWAY. Public Works Dir. Schmadeke present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Thornberry, to adopt RES, 96-93, Bk. 115, p. 93, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF SCOTT BOULEVARD TRUNK SEWER PROJECT. Public Works Dir. Schmadeke and 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 a resolution amending agreement between Trinity Episcopal Church and City of Iowa City, Iowa, for use of public right-of-way for portions of Gilbert and College Streets in iowa City, Iowa. City Engr. Fosse present for discussion. The Mayor declared the resolution dsfeated, 0~7, all Council Members present. Moved by Kubby, seconded by Lehman, to accept correspondence from Edward Pisney, McComas-Lacina Construction. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the current vacancy: Historic Preservation Corem. - One at-large vacancy to fill a three-year term ending March 29, 1999. This appointment will be made at the May 21, 1996, meeting of the City Council. Moved by Kubby, seconded by Lehman, to appoint David Purdy, 831 E. Market, to the Housing and Community Development Commission to fill an unexpired term ending September 1, 1998. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Council Member Norton asked Council to take the necessary steps to get the fringe area agreement with the County resolved; and establish a working relationship with the School Board on pending matters. Council Member Kubby reminded citizens of the fifth annual Ralston Creek Clean-up scheduled April 20; and the appearance by author Randall Arendt scheduled April 23, at 7:00 p.m. at Van Allen Hall. Council Member Thornberry noted the delay in recycling pick-up, and questioned the status. The City Manager stated two trucks naa broken down and staff was exploring The lease of a third truck. The Mayor announced that Iowa City had been awarded a $9000 grant by the State Historical Society for a historical survey evaluation project. Moved by Thornberry, seconded by Lehman, to adjourn 12:40 a,m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr, City Clerk