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HomeMy WebLinkAbout1995-03-28 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MARCH 28, 1995 Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Woito, Karr, Miklo, Fosse, Ogren, Scott, Schoon, Schmadeke, O'Malley, Boothroy. Council minutes tape recorded on Tapes 95- 40, Side 2; 95-45, Sides 1 & 2; 95-46, Side 1. The Mayor presented Citizenship Awards to students of Roosevelt Elementary School: Jung Eun Lee; Sosuke Matsui; Yu~ Sun. The Mayor proclaimed Daffodil Days - March 28-31, 1 995. Ray Muston, Jana Egeland, and Anne Hesse accepted the proclamation and distributed daffodils to Council.; Fair Housing Month - April 1995; Child Abuse Prevention Month - April 1 995. Moved by Kubby, seconded by Novick, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of February 28, 1995, and the special meeting of March 7, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. meeting of February 14, 1995; Mayor's Youth Employment Bd. meeting of February 21, 1995; P&RComm. meeting of March 1, 1995; Bd. of Appeals meeting of February 6, 1995; Airport Comm. meeting of February 14, 1995; Sr. Center Comm. meeting of January 23, 1995, February 27, 1995; P&Z Comm. meeting of March 2, 1995; Comm. on Community Needs meeting of January 25, 1995; Bd. of Library Trustees meeting of February 23, 1995; Broadband Telecomm. Comm. meeting of February 20, 1995; Design Review Corem. meeting of February 13, 1995, March 20, 1995; Rules Comm. of March 27, 1995. Permit Motions: Approving a Class "C" Liquor License for The Deadwood, 6 S. Dubuque St. Approving a Class "C" Liquor License for Sports Column, 12 S. Dubuque St. Approving a Class "C" Liquor License for The Kitty Hawk, 1012 Gilbert Ct. Approving a Class "B" Beer Permit for Happy Joe's Pizza and Ice Cream Parlor, 225 S. Gilbert St. Approving a Class "C" Liquor License for First Avenue Club, 1 550 First Avenue. RES. 95-53, Bk. 113, p. 53, ISSUINGA DANCING PERMIT. RES. 95-54, BK. 113, P. 54, ISSUING CIGARETTE PERMIT. Setting Public Hearings: Setting a public hearing on April 25, 1995, relative to an application for rental vouchers and certificates and replacement vouch- ers/certificates for portability. Setting a public hearing for April 11, 1995, to receive comments on Iowa City's Consolidated Plan for FY1995-FY2000 (aka City Steps). Motions: approve disbursements in the amount of $6,445,697.56 for the period of February 1 through February 28, 1995, as recommended by the Finance Director subject to audit. Resolutions, Bk. 113: RES-55, p. 55, ACCEPTING THE WORK FOR CIVIC CENTER POLICE DEPARTMENT LOWER LEVEL REMODELING. RES. 95~56, p. 56, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 613 RONALDS STREET, IOWA CITY, IOWA. Correspondence: Mayor Grover of Solon, Iowa, expressing the support of the Solon City Council for local option sales tax. State Historical Society of Iowa regarding the acceptance of St. Mary's Rectory for nomination to the National Register of Historic Places. James E. Clayton regarding sidewalk cafe ordinance. Morgan Jones regarding the expansion of the intersection of First Avenue and Muscatine. Jane Klitzka of the Grant Wood Neighborhood Association regarding the East Loop Bus Route. Ernie Galer of the Home Builders Association of Iowa City regarding suggestion to reduce solid waste in the landfill. E. Lucile Miller regarding sidewalk cafes. Nila Haug requesting mediation of a dispute. Laurie Robinson of the Johnson County Historical Society regarding funding. Rod Sullivan regarding citizen participation. Robert G. Dostal Council Activities March 28, 1995 Page 2 regarding refuse disposal. Memorandum from the Civil Service Commission subrnitting a certified list of applicants for the position of Maintenance Worker I - Senior Center. Applications for the use of streets and public grounds: Lefler~Quantum Cycling Club to have a bicycle race on April 30, 1995, approved. Pat Gingrich to have the Johnson County CROP Walk on April 9, 1995, approved. Perry Johnson, River Fest Comm., to have the River Run on April 23, 1995, approved. March of Dimes Birth Defects Foundation to have the March of Dimes Walk America on May 7, 1995, ap- proved. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried, and repeated the public hearings as set. Larry Quigley appeared regarding handicap accessibility to downtown businesses. The City Manager will report back. John Lohman, Student Body President, introduced President - elect Tim Williams and Vice-president elect Jeremy Johnson, and invited Council Member to inaugural Saturday evening in the Senate Chambers of the Old Capitol. Moved by Novick, seconded by Pigott, to set a public hearing for April 11, 1995, on an ordinance conditionally amending the use regulations of approximately 34.21 acres located west of Taft Avenue along Court Street extended from RS-5, Low Density Single-Family Residential, to CN-1, Neighborhood Commercial (6.93 acres), RM-12, Low Density Multi- Family Residential (12 acres), and RS-8, Medium Density Single-Family Residential (8.14 and 7.14 acres) (Windsor Ridge). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Lehman, to set a public hearing for April 11, 1995, on an ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by adopting design standards for exterior stairwells and exterior corridors on multi-family residential buildings. Council requested that a representative of the Board of Appeals be present for discussion, and photographs be available, at the next meeting. The Mayor declared the motion carried unanimously, 710, all Council Members present. Moved by Pigott, seconded by Throgmorton, to set a public hearing for April 11, 1995, on an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article N, entitled, "Off Street Parking and Loading," to reduce the amount of required off-street parking spaces and amend the parking area design standards in the CN-1, Neighborhood Commercial zone. The Mayor declared the motion carried unanimously, 710, all Council Members present. A public hearing was held on an ordinance establishing the Moffitt Cottage Historic District for property located between Muscatine Avenue and Ralston Creek, north of Court Street. Doug Russell, Historic Preservation Chair, appeared. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zoning," of the City Code by revising Article L, entitled "Provisional Uses and Special Exceptions," Section 1 M, entitled "Neighborhood Centers," to repeal the access requirement for neighborhood centers. No one appeared. Moved by Novick, seconded by Kubby, that the ordinance amending Ordinance No. 89- 3418 and the accompanying Conditional Zoning Agreement for approximately 28 acres located south of Highway 1 West (Westport Plaza) to allow an additional freestanding pylon sign, be given first vote for consideration. Individual Council Members expressed their views. The Mayor declared the motion defeated unanimously, 0/7, all Council Members present. Moved by Pigott, seconded by Lehman, that the ordinance conditionally amending the use regulations of approximately 13.09 acres located at 655 Meadow Street from RM-12, Low Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential, to RS- 8, Medium Density Single-Family Residential (East Hill), be given second vote for consider- ation. Sr. Planner Miklo present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council Activities March 28, 1995 Page 3 A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the North Summit Alley Embankment Improvement Project. No one appeared. Moved by Pigott, seconded by Novick, to adopt RES. 95-57, Bk. 113, p. 57, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH SUMMIT ALLEY EMBANKMENT IMPROVEMENT 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 at 10:30 a.m. on April 18, 1995. Individual Council Members expressed their views. 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 construction of a pump test/production well, a production well, and observation wells in the Silurian Aquifer at the Water Facility site. No one appeared. Moved by Novick, seconded by Pigott, to adopt RES. 95-58, Bk. 113, p. 58, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF A PUMP TEST/PRODUCTION WELL, A PRODUCTION WELL AND OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE WATER FACILITY SITE, ESTABLISHING THE AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS at 10;30a.m. on April 18, 1995. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the issuance of 92,535,000 Parking System Revenue Bonds to refund the 1985 Parking Revenue Bond Issue. Dave Dirks, Evenson-Dodge, presented information on the bond opening. Moved by Novick, seconded by Lehman, to adopt RES. 95-59, Bk. 113, p. 59, INST!TUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,500,000 PARKING SYSTEM REVENUE BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Novick, to adopt RES. 95-60, Bk. 113, p. 60, DIRECTING SALE OF NOT TO EXCEED 92,500,000 TAXABLE PARKING SYSTEM REVENUE BONDS AND RATIFYING PUBLICATION OF NOTICE OF BOND SALE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Throgmorton, to adopt RES. 95-61, Bk. 113, p. 61, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF NOT TO EXCEED $2,500,000 TAXABLE PARKING SYSTEM REVENUE BONDS OFTHE 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 Novick, seconded by Kubby, to appoint Julie Seal, 2164 Bancroft Dr. to the Animal Control Advisory Board for a three-year term ending April 5, 1998; and to accept the recommendation of Project GREEN that Bernie Knight be reappointed as Trustee of the Green Fund for a three-year term ending March 1, 1998. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Kubby updated citizens on her attendance at the National League of Cities meeting in Washington, D.C. She congratulated Alice's Rainbow Childcare for being accredited. Kubby announced a pilot program developed by property owners and managers for the collection of recyclables in multi family buildings, from March 13-June 2. Council Member Novick reported on a recycling program in Baltimore where all types of paper are picked up in one paper bag and asked staff to consider this program. The City Manager will follow-up. She stated she returned with information from a National League of Council Activities March 28, 1995 Page 4 revised 4/11/95 Cities meeting concerning water issues. Novick reported on a meeting with Coralville Council Member Herwig and suggested a joint meeting of governmental bodies to discuss the local option sales tax. She also reminded citizens of the Chickadee (Fish & Wildlife) Check-off on their State of Iowa tax form. Council Member Throgmorton reported on the National League of Cities meeting. He noted the March 1 Parks & recreation minutes stating his support for a statement made by Commissioner Lidell allowing girls to play Boys Baseball and boys playing Girls Softball. Throgmorton urged citizens to visit the Clothesline Project, a display of violence against women, currently at the Iowa Memorial Union. Council Member Pigott stated the Environmental Advocates will be honoring the Environmentalist of the Year award on April 6. He noted the memo in Council's packet concerning the Burlington Street dam and stated he looked forward to getting the cost estimates for the project. Pigott encouraged city participation in the Worldwide Web communication network. Council Member Baker reported on a session entitled "Engaging Citizens" at the National League of Cities. He reminded citizens of two events scheduled March 29th. The first a Melrose Avenue neighborhood meeting at the First Mennonite Church concerning Melrose Avenue, and secondly the water forum at the Public Library. Baker complimented area legislators especially noting a comment from Rep. Dick Myers concerning the Stanley Amendment, the Tax Payers Rights Amendment. The City Attorney stated she would be a presenter in a government practice law seminar sponsored by the Bar Association and introduced new Asst. City Attorney 8ev Ogren. Moved by Throgmorton, seconded by Lehman, to receive a recommendation of the Board of Appeals that the Council disapprove an ordinance creating design standards and location restrictions for exterior stairs and corridors; and a recommendation from the Design Review Committee regarding the Burlington and Gilbert Streets Intersection Improvements. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Baker, to adopt RES. 95-62, Bk. 113, p. 62, DIRECTING SALE OF $8,500,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS. Dave Dirks, Evenson-Dodge, updated Council on the bond sale. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Throgmorton, to accept the form of Tax Exemption Certificate pertaining to the $8,500,000 General Obligation Bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Pigott, to adopt RES. 95-63, Bk. 113, p. 63, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,500,000 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 Novick, seconded by Pigott, to adopt RES. 95-64, Bk. 113, p. 64, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY RIGHTS FOR FUTURE HOUSING CONSTRUCTION. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Throgmorton, to adopt RES. 95-65, Bk. 113, p. 65, ADOPTING THE BYLAWS FOR THE IOWA CITY BOARD OF APPEALS, as amended by the Rules Comm. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. After discussion, the Council directed staff to amend their Board and Commission by-~aws to allow the combining of unexpired terms of six months or less with a full term providing this change does not conflict with State Code. Moved by Lehman, seconded by Kubby, to adopt RES. 95-66, 8k. 113, p. 66, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION Council Activities March 28, 1995 Page 5 PROJECT, PHASE 2, to Streb Construction for $1,435,847.25. 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. 95-67, Bk. 113, p. 67, AUTHORIZING EXECUTION OF AN AGREEMENT WITH JOHNSON COUNTY, IOWA, FOR TEMPORARY USE OF PORTIONS OF MAIER AVENUE, A COUNTY ROAD, AS DETOUR DURING ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Throgmorton, to adopt RES. 95-68, Bk. 113, p. 68, 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 MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ABBEY LANE SANITARY TRUNK SEWER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Throgmorton, seconded by Lehman, to adopt RES. 95-69, Bk. 113, p. 69, 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 SHIVE-HATTERY ENGINEERS & ARCHITECTS, INC. TO PROVIDE ENGINEERING CONSUL- TANT SERVICES FOR THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, to adopt a resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between Shoemaker-Haaland Professional Engineers of Coralville and the City of Iowa City to provide engineering services for the Highlander Area Sanitary Sewer, Lift Station, and Force Main Project. Sr. Planner Miklo, Economic Dev. Planner Schoon, and City Engr. Fosse present for discussion. After discussion it was moved by Throgmorton, seconded by Pigott, to defer the resolution to the April 11, 1995 Council meeting. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Baker, Kubby, Pigott, Throgmorton. Nays: Lehman, Novick, Horowitz. Absent: None. Moved by Kubby, seconded by Lehman, to adopt RES. 95-70, Bk. 113, p. 70, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HY-VEE FOOD STORES, INC. AND CITY OF IOWA CITY, IOWA, FOR CONSTRUCT[ON AND COST SHARING OF STORM WATER DRAINAGE IN THE BOYRUM-WATERFRONT-GILBERT STREET STORM WATER DRAINAGE AREA LOCATED IN IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Throgmorton, to adopt RES. 95-71, Bk. 113, p. 71, AUTHORIZING THE CITY TO EXECUTE AN AGREEMENT WITH GOULD EVANS ASSOCIATES CONCERNING A NEAR SOUTHSIDE DESIGN PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Throgmorton, to adopt RES. 95-72, Bk. 113, p. 72, APPROVING THE DESIGN PLANS FOR THE HIERONYMUS SQUARE PROJECT LOCATED AT 101 EAST BURLINGTON STREET. Economic Dev. Planner Schoon present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Baker, to adopt a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest contract for construction of Whispering Meadows Housing Projects IAOSPO22009 and a resolution rejecting the bid for contract for the Whispering Meadows Housing Project IAO5P022008. HIS Director Boothroy present for discussion. The following individuals appeared: Atty. Robert Downer, representing McComas-Lacina Construction Co.; and Atty. Bruce Haupert, rep. Frantz Construction Co. After discussion, moved by Kubby, seconded by Lehman, to defer the Council Activities March 28, 1995 Page 6 resolutions to April 3, 1995, special Council meeting at 8:15 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman, that the ordinance amending Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code, to amend the boundaries of the voting precincts in Iowa City to include properties annexed and to exclude properties severed since 1993, 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 Novick, seconded by Pigott, to adopt ORD. 95-3671, Bk. 38, p. 8, AMENDING THE IOWA CITY CHARTER, SECTIONS 2.068B (MAYOR), 2.08C AND 2.08E (APPOINTMENTS), 3.01A (NOMINATION), 6.01 (LIMITATIONS ON THE AMOUNT OF CAMPAIGN CONTRIBUTIONS) AND 7.04D (PROCEDURE AFTER FLUNG), AS RECOMMENDED BY THE CHARTER REVIEW COMM. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Pigott, to adjourn 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. City Clerk · o itz, Mayor OFFICIAL COUNCIL ACTIONS - 2~28195 The cost of publishing the following pro- ceedings and claims is $ , Cumula- tive cost for this calendar year for said publica- tion is $ Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Novick, Pigott, Throgmorton. Absent: Lehman. The Mayor presented citizenship awards to students of Horace Mann Elementary School: Damian Lawrence; Rachel Goss; Erin Ponto; Arna Wilkinson. The Mayor delivered the State of the City Address. The Mayor proclaimed Fine Art and Fun Days - March 3-12; Children and Hospitals Week - March 19-25. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Actions of the regular meeting of February 14 and the special meeting of February 21, as pub- lished, subject to corrections, as recom- mended by the City Clerk. Minutes of Boards and Commissions: Housing Corem. meeting of November 8; Airport Comm. meeting of January 10; Broadband Telecomre. Comm. meeting of January 30; Bd. of Adjustment meeting of February 8; P&Z Comm. meeting of Feb- ruary 16; Bd. of Appeals meeting of De- cember 5; Animal Control Advisory Bd. meeting of November 16, January 18. Permit Motions: Class "B" Beer Permit for La Perlite Mexican Cafe, 327 E. Market St. Class "C" Beer Permit for Dell Mart//2, 1920 Lower Muscatine Rd. Refund of an unused portion of a Class "E" Beer Permit for Osco Drug Store//448, 201 S. Clinton St. Setting Public Hearings: Setting a public hearing for March 7 on an ordinance establishing regulations for sidewalk cafes. Setting a public hearing for March 7 on an ordinance amending Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code, to amend the boundaries of the voting precincts in Iowa City to include properties annexed and to exclude proper- ties severed since 1993. Motions: Approve disbursements in the amount of (~9,234,291.55 for the period of January 1 through January 31 as Official Actions February 28, 1995 Page 2 recommended by the Finance Dir. subject to audit. Resolutions: RES, 95-33, AUTHO- RIZING TPE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASEAGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASE- MENT AGREEMENT FOR WILLOW CREEK SUBDIVISION. Correspondence: Jeff McCullough, member of the Charter Review Comm., submittin.;] supplemental information. Sally Crowe re!]arding proposed projects. Letter regarding Lake Calvin from: Stephen Bright; Carol Ann Marlow. Dan Berry and Gerry A~3brose regarding lighting, street and sidewalk in the 100 block of Iowa Avenue. Sr. Center Comm. regarding funding for additional staff. Ed Barker regarding water/wastewater issues. The Mayor declared the motion carried. Chris Randall, 3328 Shamrock Dr., ap- peared to encourage Council to continue sup- port for PATV and reach agreement with TCl on the cable franchise. Jim Clayton, 304 Reno St., appeared with concerns regarding new regulations for sidewalk cafes, Mike Rose, 716 Walnut St., appeared to support additional funding for the Police Department. Moved and seconded to set a public hear- ing for March 28 on an ordinance establishing the Moffitt Cottage Historic District for proper- ty located between Muscatine Avenue and Ralston Cre,~k, north of Court Street. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally amending the use regulations of approximate!y 13.09 acres located at 655 Meadow Street from RM-12, Low Density Multi-Family Residential, and RS-5, Low Densi- ty Single-Family Residential, to RS-8, Medium Density Single-Family Residential. The following individuals appeared: Nicholas Chmaruk, 909 Dover St; Gene Kroeger, 320 Willis St.; Richard Rhodes, 2014 Rochester Ave.; and Suzanne Gurnett Streitz, 847 Dover St. Moved and seconded to accept correspondence from: James & Eileen Mengis; Patrick Jepson; Doug- las & Christine Trank; Jane Benge; Nicholas Chmaruk & Jo Rene Trabert-Chmaruk; Cheryl Contant; Ardis & Richard Gerlach; Barbara Heck; Stephen MerkeI-Hoss; Anthony Link; Elizabeth Robb; Edward & Mary Flaherty; Kristy Weber; Diane Stamp; Barbara Freyenberger; Susan Harman; Sarah Eaton; Denise & Christo- Official Actions February 28, 1995 Page 3 pher Gilstrap; Kathleen & Ronald Metzger; John & Lois Hirko; Donald L. Green; Bill & Katie Crow; Carolyn Parsons; Thomas Lewis; Beth Larsen; Russell & Delores Fate; Marcia Kue- chenmeister; Charles & La Donna Struckman; Steven Connelly; Helen & Hugh Jennings; John Bendorf; John Kramer; Jack Hoehnle; Charles & Agnes Contant; Douglas Kolarik; Betty Buch- walter; Lisa Bergmann; Bayard Bosserman; Dixie & Duane Meyer; Nell Nuehring. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to March 7. The Mayor declared the motion carried. Moved and seconded to defer to March 7 a resolution approving the final plat of D&L Subdivision, a 6,41 Acre, four lot commercial subdivision located on the south side of High- way 1 west, west of Sunset Street. The Mayor declared the motion carried. Moved and seconded to adopt RES. 95- 34, APPROVING THE PRELIMINARY PLAT OF ORCHARD VIEW ESTATES, JOHNSON COUN- TY, IOWA, Moved and seconded to submit a letter to the Johnson County Board of Supervisors recommending approval of the rezoning of a 0.73 acre property from A1, Rural, to RS, Suburban Residential for property located in Fringe Area 4 near the southeast corner of Newport Road and Prairie du Chien Road. The Mayor declared the motion carried. Moved end seconded to adopt RES. 95- 35, APPROVING THE PRELIMINARY AND FINAL PLAT OF SEDLACEK 2ND ADDITION, JOHNSON COUNTY, IOWA. A public hearing was held on plans, speci- fications, form of contract, and estimate of cost for the Rohret Road Reconstruction, Phase 2. The following individuals appeared: Charles Lisle, 3733 Rohret Rd.; Jim Bates, 3502 Fox- aria Dr.; and Craig Kohl, 3342 Rohret Rd. Moved and seconded to adopt RES. 95- 36, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DI- RECTING CITY CLERK TO PUBLISH ADVER- TISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on the proposed Fiscal Year 1996 operating budget, Fiscal Years 1996 through 1998 three-year Financial Plan Official Actions February 28, 1995 Page 4 and the seven-year Capital Improvements Program. The following individuals appeared: Harold Engen, Sr. Center Comm.; Carol Thomp- son, Chair of Free Medical Clinic; Mary Kathryn Wallace, St. Center Comm.; Jay Honohan, 2503 Friendship; Terri Miller, Sr. Center Comm.; non Vogel; Freida Shannon, Sr. Center Comm.; Larry Eckholt, Iowa Arts Festival; Wendy Ford, Convention & Visitors Bureau; Jim Clayton, 304 Reno St.; Jay LeaVesseur, 828 Pepper Dr.; Sue Dulek, Neighborhood Centers of Johnson County; Sarai Lenoch, Cedarwood Apartment, 2030 Broadway St.; Liz Hudson, 1 960 Broadway St.; and Kim Yaman, Pheasant Ridge Apartments, 2530 Barreit. Moved and seconded to accept correspondence from: Gordon Feenstra; Longfellow Neighborhood Association Executive Comm.; Wendy Ford, Executive Dir. of Iowa City & Coralville Conven- tion & Visitors Bureau; Petition from Ty'n Cae Neighborhood; Bruce Glasgow; Petition from participants & volunteers at the St. Center; Article from the Dubuque Telegraph Herald. The Mayor Pro tem declared the motion carried. A public hearing was held on the issuance of $8,260,000 General Obligation Bonds to finance the costs of the construction, recon- struction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of a sewage treat- ment plant and sanitary and storm sewers; the reconstruction and improvement of waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits from floods or high waters and the reconstruction, improvement and repair of the waterworks. Moved and seconded to adopt RES. 95- 37, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $8,260,000 GENERAL OBLIGATION BONDS. A public hearing was held on the issuance of $240,000 General Obligation Bonds to finance the costs of the construction and equipping of soccer recreation fields. Moved and seconded to adopt RES. 95- 38, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZA- TION AND ISSUANCE OF NOT TO EXCEED $240,000 GENERAL OBLIGATION BONDS. The Mayor Pro tern noted the previously announced vacancies: Bd. of Library Trustees - one vacancy for an unexpired term ending July 1, 1999; Bd. of Appeals - one vacancy for a mechanical professional for an unexpired term Official Actions February 28, 1995 Page 5 ending December 31, 1998; Housing Comm. - thrse vacancies for three-year terms ending May 1, 1998; P&Z Comm. - two vacancies for five year terms ending May 1, 2000. These appointments will be made at the March 7 meeting of the City Council. The Mayor Pro tern noted the current vacancies: Committee on Community Needs - One vacancy to filf an unexpired term ending November 1, 1995. This appointment will be made at the April 11 meeting of the City Coun- cil. The Mayor Pro tern noted the vacancy on the Animal Control Advisory Board for a three- year term ending April 5, 1998, would be re- advertised. Moved and seconded to adopt RES. 95- 39, CHANGING THE NAME OF RUSSELL STREET LOCATED IN HOLLYWOOD MANOR, PART 5, TO RUSSELL DRIVE, Moved and seconded to adopt RES. 95- 40, RESOLUTION NAMING DEPOSITORIES. Moved and seconded that the ordinance amending the Iowa City Charter, Sections 2.068B (Mayor), 2.08C and 2.08E (Appoint- ments), 3.O1A (Nominations), 6.01 (Limitations on the amount of campaign contributions) and 7.04D (procedure after filing), as recommended by the Charter Review Comm., be given first vote for consideration. The Mayor Pro tern de- clared the motion carried. Moved and seconded to adjourn 11:10 p.m. The Mayor Pro tern declared the motion carried. For a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. s/SUSAN M. HOROWITZ, MAYOR s/MARIAN K. I(ARR, CITY CLERK bmitted for publication 3/9/95. J OFFICIAL COUNCIL ACTIONS - 3/7195 The cost of publishing the following pro- ceedings and claims is .~ . Cumula- tive cost for this calendar year for said publica- tion is ~ Iowa City City Council special meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. The Mayor proclaimed American Red Cross Month - March; Women's History Month - March. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Minutes of Boards and Commissions: Human Rights Comm. meeting of January 23; Housing Comm. meeting of January 10, February 14. Permit Motions: Class "E" Liquor Li- cense for Econofoods, #473, 1987 Broad- way. Class "C" Liquor License for Gringo's, 115 E. College St. Class "C" Liquor License for Elks Lodge B.P.O.E. //590, 637 Foster Rd. Special Five Day Class "C" Liquor License for Regina Gala, 2140 Rochester Ave. Setting Public Hearings: RES. 95-41, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF A PUMP TEST/PRODUCTION WELL, A PRODUC- TION WELL AND OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE WA- TER FACILITY SITE, 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. 95- 42, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH SUMMIT ALLEY EMBANKMENT IMPROVE- MENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 95-43, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED 92,535,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA AND PRO- VIDING FOR PUBLICATION OF NOTICE THEREOF. Official Actions March 7, 1995 Page 2 Resolutions: RES. 95-44, AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT, RENTAL CER- TIFICATE AND RENTAL VOUCHER PROGRAM. PROJECT NO, IAOS-VO22-019. Correspondence: Sonia Ettinger supporting the proposed ordinance regarding sidewalk cafes. Hoover Elementary School sixth graders regarding projects to raise funds for Cystic Fibrosis and Muscular Dystrophy. Traffic Engi- neer regarding: parking prohibition on the east side of the 800 block of South Dubuque St.; stop sign installation on Wright St. at its inter- section with Clinton St.; stop sign installation on Wright St. at its intersection with Dubuque St. City Plaza Use Permits: Jan Baker of Am- nesty International for permission to use the stage area for a rally against reinstating the death penalty on March 4, approved. The Mayor declared the motion carried. Walter Shelton, Senior Center Commission Member, distributed copies of the March issue of the Four Rivers Senior Journal and invited Council Members to the Center. Moved and seconded to set a public hear- ing for March 28, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," of the City Code by revising Article L, entitled "Provi- sional Uses and Special Exceptions," Section 1 M, entitled "Neighborhood Centers," to repeal the access requirement for neighborhood cen- ters. The Mayor declared the motion carried, A public hearing was held on an ordinance amending the Conditional Zoning Agreement for 1069 Highway 1 to allow an additional free- standing pylon sign. Bill Macrum, Chandler Signs, Inc., appeared A pubtic hearing was held on an ordinance conditionally amending the use regulations of approximately 13.09 acres located at 655 Meadow Street from RM-12, Low Density Multi-Family Residential, and RS-5, Low Densi- ty Single-Family Residential, to RS-8, Medium Density Single-Family Residential. The follow- ing individuals appeared: Nicholas Chmaruk, 909 Dover St.; Russell Fate, 806 Dover St,; Gene Kroeger, East Hill Subdivision. Moved and seconded to accept correspondence from: Nicholas Chmaruk & Jo Rene Trabert-Chmaruk; Jeffrey Streitz; Jeanne Jones; Frank Tauber; John Lee; Maureen Lenoch; Robert Pierce. The Mayor declared the motion carried. Moved and seconded that the ordinance conditionally amending the use regulations of approximately 13,09 acres located at 655 Official Actions March 7, 1995 Page 3 Meadow Street from RM-12, Low Density Multi-Family Residential, and RS-5, Low Densi- ty Single-Family Residential, to RS-8, Medium Density Single-Family Residential, be given first vote for consideration. Nicholas Chmaruk, 909 Dover St., appeared. The Mayor declared the motion carried. Moved and seconded to adopt RES. 95-45, APPROVING THE FINAL PLAT OF D AND L SUBDIVISION, IOWA CITY, IOWA. A public hearing was held on the filing of an application with the Iowa Department of Transportation for FY96 Iowa Dot State Transit Assistance and Federal Transit Administration funding. Moved and seconded to adopt RES. 95-46, AUTHORIZING THE FILING OF AN APPLICA- TION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY96 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. A public hearing was held on an ordinance amending Title 1, Chapter 9, Section 3, "Elec- tion Precincts" of the City Code, to amend the boundaries of the voting precincts in Iowa City to include properties annexed and to exclude properties severed since 1993. A public hearing was held on an ordinance establishing regulations for sidewalk cafes. The following individuals appeared: Jim Clayton, 304 Reno St.; Doug Hoskins, 1012 Burlington St.; Bill Macrum, San Antonio, TX.; and Gerry Ambrose, 2915 Dubuque St. Moved and sec- onded to continue the public hearing to April 11. The Mayor declared the motion carried. Moved and seconded to appoint Jim Swaim, 1024 Woodlawn, to the Bd. of Library Trustees to fill an unexpired term ending July 1, 1999; appoint John Staska, 33 Norwood Circle, to the Bd. of Appeals for a mechanical professional for an unexpired term ending De- cember 31, 1998; re-appoint Ann Bovbjerg, 1710 Ridge Rd. and appoint Lea Supple, 2010 Grantwood, to the P&Z Comm. to fill two va- cancies for five year terms ending May 1, 2000. The Mayor declared the motion carried. Moved and seconded to defer to April 25, an appointment to the Housing Comm. to fill three vacancies for three-year terms ending May 1, 1998. The Mayor declared the motion carried. Moved and seconded to delete from the agenda and no longer advertise the vacancy on Committee on Community Needs for an unex- pired term ending November 1, 1995. The Mayor declared the motion carried. Official Actions March 7, 1995 Page 4 Moved and seconded to accept a recom- mendation of the Board of Appeals that the City Council approve new bylaws, and refer the by-laws to the Rules Committee. The Mayor declared the motion carried, Moved and seconded to accept a recom- mendation of the Housing Commission that an allocation in the amount of $35,000 for LIFE Skills come from the City budget for FY96. The Mayor declared the motion carried. Moved and seconded to adopt RES. 95-47, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY RIGHTS IN CONJUNCTION WITH THE WASTEWATER TREATMENT CONNEC- TiON PROJECT. Moved and seconded to adopt RES. 95-48, APPROVING A CHAPTER 28E AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND THE CITY OF 10WA CITY FOR CERTAIN ROAD MAINTENANCE PURPOSES. Moved and seconded to adopt RES. 95-49, CERTIFYING UNPAID MOWING AND CLEAN-UP CHARGES TO JOHNSON COUNTY FOR COL- LECTION IN THE SAME MANNER AS A PROP- ERTY TAX. Moved and seconded to adopt RES. 95-50, ADOPTING THE ANNUAL BUDGET EXCLUDING HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR ENDING JUNE 30, 1996. Moved and seconded to amend the resolution by re- moving two items on the Aid to Agencies sec- tion of the budget, HACAP and the Free Medi- cal Clinic, for separate consideration. The May- or declared the motion to amend carried. Moved and seconded to adopt RES. 95-51, ADOPTING THE ANNUAL BUDGET FOR HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR ENDING JUNE 30, 1996. Moved and seconded to adopt RES. 95-52, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1996 THROUGH 1998 AND THE SEV- EN-YEAR CAPITAL IMPROVEMENTS PROGRAM. Moved and seconded that the ordinance amending the Iowa City Charter, Sections 2,068B (Mayor), 2.08C and 2.O8E (Appoint- ments), 3.O1A(Nominations), 6.01 (Limitations on the amount of Campaign Contributions) and 7.04D (Procedure after filing), as recommended by the Charter Review Comm., be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adjourn 10:25 p.m. The Mayor declared the motion carried. Official Actions March 7, 1995 Page 5 A more complete description of Council activities is on file in the office of the City Clerk. s/SUSAN M. HOROWITZ, MAYOR s/MARIAN K. KARR, CITY CLERK S.~bmitted for publication 3/16/95. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 28, 1995 Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Novick, Pigott, Throgmorton. Absent: Lehman. Staffmembers present: Atkins, Helling, Woito, Karr, Miklo, Winklehake, Winstead, Fosse, Yucuis. Council minutes tape recorded on Tapes 95-34 & 95-35, Both Sides; 95-36, Side 1. The Mayor presented citizenship awards to students of Horace Mann Elementary School: Damian Lawrence; Rachel Goss; Erin Ponto; Arna Wilkinson. The Mayor delivered the State of the City Address. The Mayor proclaimed Fine Art and Fun Days - March 3~12, 1995; Children and Hospitals Week- March 19-25, 1995. Moved by Pigott, seconded by Novick, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Actions of the regular meeting of February 14, 1995, and the special meeting of February 21, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing Comm. meeting of November 8, 1994; Airport Comm. meeting of January 10, 1995; Broadband Telecomm. Comm. meeting of January 30, 1995; Bd. of Adjustment meeting of February 8, 1995; P&Z Comm. meeting of February 16, 1995; Bd. of Appeals meeting of December 5, 1994; Animal Control Advisory Bd. meeting of November 16, 1994, January 18, 1995. Permit Motions: Approving a Class "B" Beer Permit for La Perlita Mexican Cafe, 327 E. Market St. Approving a Class "C" Beer Permit for Dell Mart #2, 1920 Lower Muscatine Rd. Approving a refund of an unused portion of a Class "E" Beer Permit for Osco Drug Store//448, 201 S. Clinton St. Setting Public Hearings: Setting a public hearing for March 7, 1995, on an ordinance establishing regulations for sidewalk cafes. Setting a public hearing for March 7, 1995, on an ordinance amending Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code, to amend the boundaries of the voting precincts in Iowa City to include properties annexed and to exclude properties severed since 1993. Motions: Approve disbursements in the amount of 99,234,291.55 for the period of January 1 through January 31, 1995, as recommended by the Finance Dir. subject to audit. Resolutions: RES. 95-33, Bk. 113, p. 33, AUTHORIZINGTHE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT AGREEMENT FOR WILLOW CREEK SUBDIVISION. Correspondence: Jeff McCullough, member of the Charter Review Comm., submitting supplemental information. Sally Crowe regarding proposed projects. Letter regarding Lake Calvin from; Stephen Bright; Carol Ann Marlow. Dan Berry and Gerry Ambrose regarding lighting, street and sidewalk in the 100 block of Iowa Avenue. Sr. Center Comm. regarding funding for additional staff. Ed Barker regarding water/waste- water issues. Novick noted Iowa City has allowed sidewalk cafes for years and the public hearing on March 7 was for new regulations. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor declared the motion carried and repeated the public hearings as set. Chris Randall, 3328 Shamrock Dr., appeared to encourage Council to continue support for PATV and reach agreement with TCI on the cable franchise. Jim Clayton, 304 Reno St., appeared with concerns regarding new regulations for sidewalk cafes. Mike Rose, 716 Walnut St., appeared to support additional funding for the Police Department. Moved by Kubby, seconded by Pigott, to set a public hearing for March 28, 1995, on an ordinance establishing the Moffitt Cottage Historic District for property located between Council Activities February 28, 1995 Page 2 Muscatine Avenue and Ralston Creek, north of Court Street. The Mayor declared the motion carried unanimously, 6/0, Lehman absent. A public hearing was held on an ordinance conditionally amending the use regulations of approximately 13.09 acres located at 655 Meadow Street from RM-12, Low Density Multi- Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential (East Hill). The following i.ndividuals appeared: Nicholas Chmaruk, 909 Dover St; Gene Kroeger, 320 Willis St.; Richard Rhodes, 2014 Rochester Ave.; and Suzanne Gurnett Streitz, 847 Dover St. St. Planner Miklo present for discussion. Moved by Pigott, seconded by Kubby, to accept correspondence from: James & Eileen Mengis; Patrick Jepson; Douglas & Christine Trank; Jane Benge; Nicholas Chmaruk & Jo Rene Trabert- Chmaruk; Cheryl Contant; Ardis & Richard Gerlach; Barbara Heck; Stephen MerkeI-Hess; Anthony Link; Elizabeth Robb; Edward & Mary Flaherty; Kristy Weber; Diane Stamp; Barbara Freyenberger; Susan Harman; Sarah Eaton; Denise & Christopher Gilstrap; Kathleen & Ronald Metzger; John & Lois Hirko; Donald L. Green; Bill & Katie Crow; Carolyn Parsons; Thomas Lewis; Beth Larsen; Russell &Delores Fate; Marcia Kuechenmeister; Charles & La Donna Struckman; Steven Connelly; Helen & Hugh Jennings; John Bendoff; John Kramer; Jack Hoehnle; Charles & Agnes Contant; Douglas Kolarik; Betty Buchwalter; Lisa Bergmann; Bayard Bosserman; Dixie & Duane Meyer; Neil Nuehring. The Mayor declared the motion carried unanimously, 6/0, Lehman absent. Moved by Pigott, seconded by Throgmorton, to continue the public hearing to March 7, 1995. The Mayor declared the motion carried unanimously, 6/0, Lehman absent. Moved by Kubby, seconded by Novick, to defer to March 7, 1995, a resolution appro- ving the final plat of D&L Subdivision, a 6.41 Acre, four lot commercial subdivision located on the south side of Highway 1 west, west of Sunset Street. The Mayor declared the motion carried unanimously, 6/0, Lehman absent. Moved by Novick, seconded by Baker, to adopt RES. 95-34, Bk. 113, p. 34, APPROVING THE PRELIMINARY PLAT OF ORCHARD VIEW ESTATES, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Throgmorton, to submit a letter to the Johnson County Board of Supervisors recommending approval of the rezoning of a 0.73 acre property from A1, Rural, to RS, Suburban Residential for property located in Fringe Area 4 near the southeast corner of Newport Road and Prairie du Chien Road. Sr. Planner Miklo present for discussion. The Mayor declared the motion carried unanimously, 6~0, Lehman absent. Moved by Pigott, seconded by Novick, to adopt RES. 95-35, Bk. 113, p. 36, APPROVING THE PRELIMINARY AND FINAL PLAT OF SEDLACEK 2ND ADDITION, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the Rohret Road Reconstruction, Phase 2, The following individuals appeared: Charles Lisle, 3733 Rohret Rd.; Jim Bates, 3502 Foxana Dr.; and Craig Kohl, 3342 Rohret Rd. City Engr. Fosse and Civil Engr. Winstead present for discussion. Mayor Horowitz left the Council meeting. Mayor Pro tern Novick now presiding. Moved by Baker, seconded by Pigott, to adopt RES. 95-36, Bk. 113, p. 36, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2, 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. Affirmative roll call vote unanimous, 5/0, Horowitz, Lehman absent. The Mayor Pro tern declared the resolution adopted. A public hearing was held on the proposed Fiscal Year 1996 operating budget, Fiscal Years 1996 through 1 998 th~'ee-year Financial Plan and the seven-year Capital Improvements Council Activities February 28, 1995 Page 3 Program (FY1995 through FY2001). The following individuals appeared: Harold Engen, St. Center Comm.; Carol Thompson, Chair of Free Medical Clinic; Mary Kathryn Wallace, St. Center Comm.; Jay Honohan, 2503 Friendship; Terri Miller, Sr. Center Comm.; Ron Vogel; Freida' Shannon, Sr. Center Comm.; Larry Eckholt, Iowa Arts Festival; Wendy Ford, Convention & Visitors Bureau; Jim Clayton, 30fi Reno St.; Jay LeaVesseur, 828 Pepper Dr.; Sue Dulek, Neighborhood Centers of Johnson County; Sarai Lenoch, Cedarwood Apartment, 2030 Broadway St.; Liz Hudson, 1960 BroadwaY/ St.; and Kim Yaman, Pheasant Ridge Apartments, 2530 Bartelt. Police Chief Winkelhake present for discussion. Moved by Pigott, seconded by Throgmorton, to accept correspondence from: Gordon Feenstra; Longfellow Neighborhood Association Executive Comm.; Wendy Ford, Executive Dir. of Iowa City & Coralville Convention & Visitors Bureau; Petition from Ty'n Cae Neighborhood; Bruce Glasgow; Petition from participants & volunteers at the Sr. Center; Article from the Dubuque Telegraph Herald (submitted by Harold Engen). The Mayor Pro tem declared the motion carried unanimously, 5~0, Horowitz, Lehman absent. Individual Council Members expressed their views. Council took a brief recess, 10:30 p.m. Reconvened 10:38 p.m. A public hearing was held on the issuance of 98,260,000 General Obligation Bonds to finance the costs of the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of a sewage treatment plant and sanitary and storm sewers; the reconstruction and improvement of waterways, and real and personal property, useful for the protection or reclamation of property situati~d within the corporate limits from floods or high waters and the recon- struction, improvement and repair of the waterworks. No one appeared. Moved by Pigott, seconded by Baker, to adopt RES. 95-37, Bk. 113, p. 37, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF ~8,260,000 GENERAL OBLIGATION BONDS (street improvements; sewage treatment plant and sanitary and storm sewers; waterworks). Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 5/0, Horowitz, Lehman absent. The Mayor Pro tern declared the resolution adopted. A public hearing was held on the issuance of 9240,000 General Obligation Bonds to finance the costs of the construction and equipping of soccer recreation fields. No one appeared. Moved by Kubby, seconded by Pigott, to adopt RES. 95-38, Bk. 113, p. 38, INSTITUT- ING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOTTO EXCEED 9240,000 GENERAL OBLIGATION BONDS (soccer recreation fields). Affirmative roll call vote unanimous, 5~0, Horowitz, Lehman absent. The Mayor Pro tem declared the resolution adopted. The Mayor Pro tem noted the previously announced vacancies: Bd. of Library Trustees - one vacancy for an unexpired term ending July 1, 1999; Bd. of Appeals - one vacancy for a mechanical professional for an unexpired term ending December 31,1998; Housing Comm. -three vacancies for three-year terms ending May 1, 1998; P&Z Comm. - two vacancies for five year terms ending May 1,2000. These appointments will be made at the March 7, 1995, meeting of the City Council. The Mayor Pro tem noted the current vacancies: Committee on Community Needs - One vacancy to fill an unexpired term ending November 1, 1995. This appointment will be made at the April 11, 1995, meeting of the City Council. The Mayor Pro tern noted the vacancy on the Animal Control Advisory Board for a three-year term ending April 5, 1998, would be re-advertised. Council Member Baker questioned when the Council would be talking about the issue of a sales tax. After discussion, it was agreed that the matter would be discussed on March 29 as part of the water forum. Baker requested staff report back on concerns expressed Council Activities February 28, 1995 Page 4 r~cleaning City Plaza on Saturdays and Sundays. Pigott requested an update on the "Adopt- A-Bed" program also. City Mgr. will follow-up. Council Member Pigott encouraged everyone to attend the Environmental Advocates potluck supper scheduled for Wednesday, April 5, 6:00 p.m. at the First Christian Church on Iowa Avenue; noting that meeting will honor the Environmentalist of the Year. Council Member Throgmorton commented he enjoyed taking part in the Chamber W~lk of the Stars the previous week-end. He read a letter opposing the death penalty, noting the letter would be sent to State Senators signed by three Council Members (Throgmorton, Pigott, Kubby). Moved by Throgmorton, seconded by Pigott, To adopt RES. 95-39, Bk. 113, p. 39, CHANGING THE NAME OF RUSSELL STREET LOCATED IN HOLLYWOOD MANOR, PART 5, TO RUSSELL DRIVE. Affirmative roll call vote unanimous, 5/0, Horowitz, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by Kubby, seconded by Throgmorton, to adopt RES. 95-40, Bk.' 113, p. 40, RESOLUTION NAMING DEPOSITORIES. Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 510, Horowitz, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by Kubby, seconded by Pigott, that the ordinance amending the Iowa City Charter, Sections 2.068B (Mayor), 2.08C and 2.O8E (Appointments), 3.01A (Nominations), 6.01 (Limitations on the amount of campaign contributions) and 7.04D (procedure after filing), as recommended by the Charter Review Corem., be given first vote for consideration. Individual Council Members expressed their views on the recommendations as presented, and a majority of Council Members requested that the matter of district voting be scheduled for a Council work session in the near future. Affirmative roll call vote unanimous, 5~0, Horowitz, Lehman absent. The Mayor Pro tern declared the motion carried. Moved by Kubby, seconded by Pigott, to adjourn 11:10 p.m. The Mayor Pro tem declared the motion carried unanimously, 5/0, Horowitz, Lehman absent. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MARCH 7, 1995 Iowa City City Council special meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmortono Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Schmadeke, Yucuis, Miklo, Schoon. Council minutes tape recorded on Tapes 95-36, Side 2; 95-39, Both Sides; 95-40, Side 1. The Mayor proclaimed American Red Cross Month - March 1995; Women's History Month - March 1995. Moved by Novick, seconded by Lehman, that ihe following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Minutes of Boards and Commissions: Human Rights Comm. meeting of January 23, 1995; Housing Comm, meeting of January 10, 1995, February 14, 1995. Permit Motions: Approving a Class "E" Liquor License for Econofoods, #473, 1 987 Broadway. Approving a Class "C" Liquor License for Gringo's, 115 E. College St. Approving a Class "C" Liquor License for Elks Lodge B.P.O.E. #590, 637 Foster Rd. Approving a Special Five Day Class "C" Liquor License for Regina Gala, 2140 Roches- ter Ave. Setting Public Hearings: RES. 95-41, Bk. 113, p. 41, SETTING A PUBLIC HEARING for March 28, 1995, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF A PUMP TEST/PRODUCTION WELL, A PRODUCTION WELL AND OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE WATER FACILITY SITE, 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. 95-42, Bk. 113, p. 42, SETTING A PUBLIC HEARING for March 28, 1995, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH SUMMIT ALLEY EMBANKMENT 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. RES. 95-43, Bk. 113, p. 43, FIXING DATE on March 28, 1995, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $2,535,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions: RES. 95-44, Bk. 113, p. 44, AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT, RENTALCERTIFICATE AND RENTAL VOUCHER PROGRAM. PROJECT NO. IA05-V022-019. Correspondence: Sonia Ettinger supporting the proposed ordinance regarding sidewalk cafes. Hoover Elementary School sixth graders regarding projects to raise funds for Cystic Fibrosis and Muscular Dystrophy. Traffic Engineer regarding: parking prohibition on the east side of the 800 block of South Dubuque St.; stop sign installation on Wright St. at its intersection with Clinton St.; stop sign installation on Wright St. at its intersection with Dubuque St. City Plaza Use Permits: Jan Baker of Amnesty International for permission to use the stage area for a rally against reinstating the death penalty on March 4, 1995, approved. In response to the Mayor, the City Manager explained that the Council would be voting on the bond sale the same evening as the public hearing in order save issuance costs. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Walter Shelton, Senior Center Commission Member, distributed copies of the March issue of the Four Rivers Senior Journal and invited Council Members to the Center. Moved by Novick, seconded by Throgmorton, to set a public hearing for March 28, 1995, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," of the City Code by revising Article L, entitled "Provisional Uses and Special Exceptions," Section 1M, entitled Council Activities March 7, 1995 Page 2 "Neighborhood Centers," to repeal the access requirement for neighborhood centers. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Conditiona~ Zoning Agreement for 1069 Highway 1 (Westport Plaza) to allow an additional freestanding pylon sign (Red Lobster). Bill Macrum, Chandler Signs, Inc., appeared A public hearing was held on an ordinance conditionally amending the use regulations of approximately 13.09 acres located at 655 Meado~ Street from RM-1 2, Low Density Multi- Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential (East Hill). The following individuals appeared: Nicholas Chmaruk, 909 Dover St.; Russell Fate, 806 Dover St.; Gene Kroeger, East Hill Subdivision. Sr. Planner Miklo present for discussion. Moved by Pigott, seconded by Throgmorton, to accept correspondence from: Nicholas Chmaruk & Jo Rene Trabert-Chmaruk; Jeffrey Streitz; Jeanne Jones; Frank Tauber; John Lee; Maureen Lenoch; Robert Pierce. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Throgmorton, that the ordinance conditionally amending the use regulations of approximately 13.09 acres located at 655 Meadow Street from RM-12, Low Density Multi~Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential (East Hill), be given first vote for consideration. Individual Council Members expressed their views. Sr. Planner Miklo present for discussion. Nicholas Chmaruk, 909 Dover St., appeared. After discussion the City Attorney stated an administerial change would be made to the conditional zoning agreement page 3, paragraph 3b, first paragraph at the top of the page by inserting the word "maximum" between the words "a" and "total" to read "a maximum total". Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Baker, to adopt RES. 95-45, Bk., 113, p. 45, APPR- OVING THE FINAL PLAT OF D AND L SUBDIVISION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the resolution adopted. A public hearing was held on the filing of an application with the Iowa Department of Transportation for FY96 Iowa Dot State Transit Assistance and Federal Transit Administration funding. No one appeared. Moved by Lehman, seconded by Novick, to adopt RES. 95-46, Bk. 113, p. 46, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY96 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. Affirmative rol~ call vote unanimous, 6/0, Throgmor~ ton absent. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code, to amend the boundaries of the voting precincts in Iowa City to include properties annexed and to exclude properties severed since 1993. No one appeared. A public hearing was held on an ordinance establishing regulations for sidewalk cafes. The following individuals appeared: Jim Clayton, 304 Reno St.; Doug Hoskins, 1012 Burlington St.; Bill Macrum, San Antonio, TX.; and Gerry Ambrose, 291 5 Dubuque St. Moved by Pigott, seconded by Throgmorton, to continue the public hearing to April 11 to allow staff time to research other cities and reconvene an expanded committee. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor stated discussion of item #10 announcement of CCN vacancy, would occur with item #11 (3) appointments to the Housing Commission. Moved by Pigott, seconded by Novick, to appoint Jim Swaim, 1024 Woodlawn, to the Bd. of Library Trustees to fill an unexpired term ending July 1, 1999; and appoint John Staska, 33 Norwood Circle, to the Bd. of Appeals for a mechanical professional for an unexpired term ending December 31, 1998; re-appoint Ann Bovbjerg, 1710 Ridge Rd. and appoint Lea Supple, 2010 Grantwood, to the P&Z Comm. to fill two vacancies for five year Council Activities March 7, 1995 Page 3 terms ending May 1, 2000. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. After discussion, moved by Kubby, seconded by Pigott, to defer to April 25, 1995 an appointment to the Housing Comm. to fill three vacancies for three-year terms ending May 1, 1998. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Kubby, seconded by Novick, to delete from the agenda and no longer advertise the vacancy on Committee on Community Needs for an unexpired term ending November 1, 1995. The Mayor declared the motion carried unanimously, 7/0, al~ Council Members present. Council Member Lehman noted the many wonderful projects going on in the community and urged citizens to keep informed and get involved. Council Member Kubby announced that student§ at Hoover School were raising money for cystic fibrosis and muscular dystrophy by selling calendars for $5.00, and asked citizens to call the school for further information. Council Member Novick reported that the Hoover students were not only raising money for the diseases but also studying the disease and the learning how people with the diseases are living and coping. Council Member Throgmorton thanked individuals for allowing him to speak at the Zion Lutheran Church on the concept of sustainable development. Council Member Pigott stated he had received a note concerning the City procedure for late notices on water and sewer bills for renters, and questioned Council interest in changing the present procedure. The City Manager will follow-up with Council Member Pigott regarding the note received. Council Member Baker requested an update from Parking & Transit Manager Fowler on the parking ramp improvements. Baker indicated he would not be attending the specia! work session scheduled Mar~h 20th. Moved by Novick, seconded by Throgmorton, to accept a recommendation of the Board of Appeals that the City Council approve new bylaws, and refer the by-laws to the Rules Committee. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Throgmorton, to accept a recommendation of the Housing Commission that an allocation in the amount of $35,000 for LIFE Skills come from the City budget for FY96. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Novick, to adopt RES. 95-47, Bk. 113, p. 47, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY RIGHTS IN CONJUNCTION WITH THE WASTEWATER TREATMENT CONNECTION PROJECT. In response to Council, staff will prepare a memo on relocation and potential property acquisitions. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, to adopt RES. 95-48, Bk. 113, p. 48, APPROVING A CHAPTER 28E AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND THE CITY OF IOWA CITY FOR CERTAIN ROAD MAINTENANCE PURPOSES (Sycamore St.). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Kubby, to adopt RES. 95-49, Bk. 113, p. 49, CERTIFYING UNPAID MOWING AND CLEAN-UP CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Affirmative roll cal~ vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Novick, to adopt RES. 95-50, Bk. 113, p. 50, ADOPTING THE ANNUAL BUDGET EXCLUDING HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR ENDING JUNE 30, 1996. Kubby stated she would be abstaining from the Council Activities March 7, 1995 Page 4 vote on the Free Medical Clinic and HACAP funding as she serves on the Board of each agency and requested separate consideration of their funding. Moved by Kubby, seconded by Baker, to amend the resolution by removing two items on the Aid to Agencies section of the budget, HACAP and the Free Medical Clinic, for separate consideration. The Mayor declared the motion to amend carried unanimously, 710, all Council Members present. Council thanked Finance Director Yucuis and his staff for their efforts in preparing the budget. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted as amended. Moved by Throgmorton, seconded by Lehman, to adopt RES. 95-51, Bk. 113, p. 51, ADOPTING THE ANNUAL BUDGET FOR HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR ENDING JUNE 30, 1996. Affirmative roll call vote unanimous, 6~0, Kubby abstaining. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, to adopt RES. 95-52, Bk. 113, p. 52, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1996THROUGH 1998 ANDTHE SEVEN-YEAR CAPITALIMPROVEMENTS PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, that the ordinance amending the Iowa City Charter, Sections 2.068B (Mayor), 2.O8C and 2.08E (Appointments), 3.01A (Nominations), 6.01 (Limitations on the amount of Campaign Contributions) and 7.04D (Procedure after filing), as recommended by the Charter Review Comm., be given second vote for consider- ation. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by IDaker, to adjourn 10:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk ccle[k[¢cO30?.m~n