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HomeMy WebLinkAbout1995-06-06 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 6, 1995 Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council members present: Baker, Horowitz, Novick, Pigott, Throgmorton. Absent: Kubby, Lehman. Staffmembers present: Atkins, Helling, Burnside, Karr, Franklin, Denney, Davidson, Pelkey, Neumann. Council minutes tape recorded on Tapes 95-75, both sides; 95- 76, side 1. The Mayor proclaimed City High Little Hawks Boys Track Team Recognition Day - June 7, 1995; Regina High School Running Regals Girls Track Team Recognition Day - June 7, 1995; Day of Honor for Jay Chyung - June 12, 1995; Crime Prevention Week- June 9-16, 1995; Iowa River Month -June 1995. The Mayor and Riverfront and Natural Areas Commission Chair Les Kuehl presented the 1995 Riverfront and Natural Areas Commission Special Recognition Awards to: Steve Hendrix, Richard Rhodes, Carol Thompson, Lon Drake, Rochelle Prouty, and New Pioneer Co- op & Teresa Carbray. Moved by Novick, seconded by Pigott, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of OfficialActions of the special meeting of May 22, 1995, and the regular meeting of May 23, 1995, as published, subject to corrections, as recom- mended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment meeting of May 10, 1995; Historic Preservation Comm. meeting of April 11, 1995, April 20, 1995, May 9, 1995; P&Z Comm. meeting of May 18, 1995. Permit Motions: Approving a Class "C" Liquor License for Dublin Underground, 5 S. Dubuque St. Approving a Class "C" Liquor License for Wig & Pen Pizza Pub, 1220 Hwy. 6 West. Approving an Outdoor Service Area for Wig & Pen Pizza Pub, 1220 Hwy. 6 West. Approving a Special Class C Liquor License for the Bread Garden, 224 S. Clinton St. Setting Public Hearings: Setting a public hearing for June 27, 1995, to discuss amendments to the 1994 Home Investment Partnerships Program Description. Resolutions, Bk. 113: RES. 95-129, p. 129, ACCEPTING THE WORK FOR THE EXTENSION OF SANITARY SEWER IN THE FORMER LOOS STREET RIGHT-OF-WAY. RES. 95-1 30, p. 130, ACCEPTING THE WORK FOR THE EXTENSION OF SANITARY SEWER TO THE SOUTH SIDE OF ROHRET ROAD FROM THE WEST SIDE OF DEERFIELD DRIVE. Correspondence: Dusty Villhauer regarding river water. Letter signed by 16 Meadow Ridge residents regarding the intersection of Foster Road and Dubuque Street. Janet Peck regarding the collection of solid waste. Letter from Don KIotz regarding recycling. John Dane regarding recognition of the end of WWII. Affirmative roll call vote unanimous, 5/0, Kubby, Lehman absent. The Mayor declared the motion carried. Larry Eckholt, President of the Board of Directors of Iowa Arts Festival, requested Council waiver of the noise ordinance to allow for an outside movie showing during Arts Fest June 16. After receiving information from Asst. City Atty. Burnside the Council granted the request. David Nadler, 1973 Meadowridge Lane, requested signalization of the Foster Road/Dubuque Street intersection. The matter was referred to the City Manager for response. Mark Brown, 320 S. Dubuque St., noted concerns of incomplete sidewalks or no sidewalks. Mr. Brown will furnish a list of specific locations to staff. Lyone Fein, 605 E. Burlington St., requested further explanations of Council agenda items for the audience. Joyce Myer, 1711 Muscatine Ave., raised concerns regarding the cost of monthly water billing. Staff will follow-up with Ms. Myer. George Haskell presented information regarding the Board of Adjustment special exception for 503 Melrose Ave. PCD Director Franklin present for discussion. Council Activities June 6,1995 Page 2 Moved by Pigott, seconded by Throgmorton, to set a public hearing for June 27, 1995, on a resolution vacating Oakes Fourth Addition, a 5.21 acre, 11-lot residential subdivision located at the end of Quincent Street, north of Dubuque Road. The Mayor declared the motion carried unanimously, 5/0, Kubby, Lehman absent. Moved by Pigott, seconded by Baker, to adopt "Iowa City: Beyond 2000 -- Iowa City's Vision for the future" as an amendment to the Iowa City Comprehensive Plan. Linda Carter appeared. PCD Director Franklin present for discussion. After discussion, moved by Pigott, seconded by Throgmorton, to defer the resolution to June 27, 1995. The Mayor declared the motion carried unanimously, 5/0, Kubby and Lehman absent. Moved by Pigott, seconded by Baker, that the ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by requiring City approval of exterior stairwells, exterior corridors and exterior lifts on multi-family residential buildings, be given second vote for consideration. Affirmative roll call vote unanimous, 5/0, Kubby, Lehman absent. The Mayor declared the motion carried. Moved by Pigott, seconded by Novick, that the ordinance amending the Zoning Ordinance by conditionally changing the use regulations of 1.63 acres of land located on the west side of Waterfront Drive, approximately 140 feet north of Stevens Drive from CC-2, Community Commercial, to Cl-1, Intensive Commercial (Boyd & Rummelhart), be given second vote for consideration. Affirmative roll call vote unanimous, 5/0, Kubby, Lehman absent. The Mayor declared the motion carried. Moved by Novick, seconded by Baker, to adopt RES. 95-131, Bk. 113, p. 131, APPROVING THE PRELIMINARY PLAT OF EAST HILL SUBDIVISION, IOWA CITY, IOWA. Individual Council Members expressed their views. Moved by Novick, seconded by Baker, to accept correspondence from James & Marjorie Schallau. The Mayor declared the motion carried unanimously, 5/0, Kubby, Lehman absent. Affirmative roll call vote unanimous, 5/O, Kubby, Lehman absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Baker, to submit a letter to the Johnson County Board of Supervisors recommending approval of an application submitted by AI Streb to rezone 73.85 acres located in Fringe Area 5 east of Scott Boulevard and .5 mile north of Highway 6 from RS, Suburban Residential, to M-1. PCD Director Franklin reported on the Board of Supervisors meeting held earlier in the day and stated the applicant had amended his request to M-l. Staff has prepared an amended letter for Council consideration. The Mayor declared the amended motion carried unanimously, 5/0, Kubby, Lehman absent. A public hearing was held on an ordinance amending Title 14, Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste" of the City Code by revising residential solid waste (refuse) collection programs including recycling, bulky waste, yard waste and instituting a unit-based fee system. The following individuals appeared: Michaelanne Widness, 629 Melrose Ave. and Richard Rhodes, 2014 Rochester Ave. Moved by Pigott, seconded by Throgmorton, that an ordinance amending Title 14, Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste" of the City Code by revising residential solid waste collection programs including curbside recycling, bulky waste, yard waste and instituting a unit-based fee system for refuse, and also amending Title 3, Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," by revising fees for collection of residential refuse, bulky waste, white goods, untreated lumber, and also for landfill use fees, be given first vote for consideration. Solid Waste Supt. Pelkey present for discussion. Affirmative roll call vote unanimous, 5/0, Kubby, Lehman absent. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies: Bd. of Adjustment - One vacancy for an unexpired term plus a five-year term ending January 1, 2001; Human Rights Council Activities June 6, 1995 *Revised Page 3 June 28, 1995 Comm. - One vacancy for an unexpired term ending January 1, 1998. These appointments will be made at the June 27, 1995, special meeting of the City Council. The Mayor noted the current vacancy: Human Rights Comm. - One vacancy for an unexpired term ending January 1, 1997. This appointment will be made at the July 18, 1995, meeting of the City Council. Council Member Baker wished his son, Ben, a Happy 10th Birthday. He acknowledged the recent award designation to Press Citizen reporter Jori Yates for being named Outstanding Reporter in Iowa City. Baker thanked Larry Svoboda for his time and efforts in working with staff, City ordinances and City codes to build the apartment building on Dubuque St. Baker questioned when Council would be receiving information from the Transit Department regarding fare changes. The City Manager will follow-up with the Transit and Parking Manager. He also noted a recent article in ICON, and announced a meeting June 13, from 7:00-9:00 in Meeting Room A of the Public Library concerning local politics. Baker asked Council Members and the public to help define the following terms: liberal; conservative; progressive; process; values; neighborhood; environmentalists; micro-management; and affordable housing. Council Member Pigott introduced his wife, Molly Boyle. Mayor Horowitz reported on her attendance at the ground breaking of the new neighborhood center at Pheasant Ridge. The Mayor noted a letter from John D~ne requesting City participating in planning for the recognition of the end of World War II Commemorative Year, and urged anyone with items to contact Mr. Dane. Finally, she asked citizens to dispose ~'of grass clippings in a compost pile or back onto the lawns, noting that grass clippings in the street clogs up the sewer system. Asst. City Atty. Burnside distributed copies of the judges decision that had been received in the Glasgow versus the City open meetings law case. She reported that the judge found that the executive session held September 13 was not an illegally closed meeting. Moved by Throgmorton, seconded by Pigott, to adopt RES. 95-132, Bk. 113, p. 132, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND OUT TO LUNCH, INC., D/B/A BLIMPIE SUBS & SALADS FORA SIDEWALK CAFE. Affirmative roll call vote unanimous, 5/0, Kubby, Lehman absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, to adopt RES. 95-133, Bk. 113, p. 133, AMENDING THE AFSCME CLASSIFICATION/COMPENSATION PLANS FOR FY95 AND FY96 (reclassify Buyer I from paygrade 5 to paygrade 6). Affirmative roll call vote unanimous, 5~0, Kubby, Lehman absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Throgmorton, that the ordinance amending City Code Title 12, Chapter 5 Section 3 entitled "Telephone Franchise", to adopt standards for entering franchise agreements to provide electronic communications services, be given second vote for consideration. Affirmative roll call vote unanimous, 5/0, Kubby, Lehman absent. The Mayor declared the motion carried. Moved by Novick, seconded by Baker, that the ordinance amending Title 14, Chapter 5-E entitled "Building and Housing" City Code by revising Article E entitled "Housing Code" to enhance the life safety provisions for existing rental housing, be given second vote for consideration. Affirmative roll call vote unanimous, 5~0, Kubby, Lehman absent. The Mayor declared the motion carried. Moved by Pigott, seconded by Baker, that the ordinance amending Title 14, Chapter 3, entitled "City Utilities," of the City Code by revising Article C, entitled "Potable Water Use and Service" to provide for the use of abandonment of private wells under extraordinary circumstances within the Iowa City City limits, be given second vote for consideration, Council Activities June 6, 1995 Page 4 Affirmative roll call vote unanimous, 5/O, Kubby, Lehman absent. The Mayor declared the motion carried. Moved by Baker, seconded by Novick, to adjourn 9:20 p.m. The Mayor declared the motion carried unanimously, 5~0, Kubby, Lehman absent. · , City Clerk OFFICIAL COUNCIL ACTIONS-5/22/95 The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ Iowa City City Council, special meeting, 6:37 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott. Absent: Throgmorton. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters 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. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 7:25 p.m. The Mayor declared the motion carried. A more complete description of Council activities ~is on file jn the office of the,C~y s/)~USAN M. HOROWITZ, MAYOR ( S/SU~AN K. WALSH, DEPUTY CITY CLERK~ Submitted for publication 5/25/95 OFFICIAL COUNCIL ACTIONS - 5~23~95 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, Lehman, Novick, Pigott. Absent; Throgmorton. The Mayor presented Citizenship Awards to students from Mark Twain Elementary School: Kaleia Hornaday, Jessica Larsen, Sven Nelson, Megan Ruxton. 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 Actions of the special meeting of May 8 and the regular meeting of May 9, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. meeting of April 12; Bd. of Library Trustees meeting of April 27; P&Z Comm, meeting of May 4; Mayor's Youth Employment Bd, meeting of April 25; Airport Comm. meeting of April 11; Hous- ing Comm. meeting of April 11. Permit Motions: Class "C" Liquor License for Linn Street Cafe, 121 N. Linn St. Class "E" Beer Permit for Walgreens, 1646 Sycamore. Class "B" Beer Permit for Iowa City Tennis & Fitness Ctr., 2400 N. Dodge St. Class "C" Liquor License for Mumm's Saloon & Eatery, 21 W. Benton St, Outdoor Service Area for Fitzpatrick's, 525 S. Gilbert St. Class C Liquor License for Seasoh's Best, 325 E. Washington St. Outdoor Service Area for Seasoh's Best, 325 E. Washington St. Motions: Approve disbursements in the amount of $10,260,349.04 for the period of April 1 through April 30, as recommended by the Finance Dir. subject to audit. Resolutions: RES. 95-114, ACCEPT- ING THE WORK FOR CHAUNCEY SWAN PLAZA PARKING FACILITY, RES. 95-115, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN Official Council Actions May 23, 1995 Page 2 THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST COMPANY FOR PROPERTY LOCATED AT 1521 BROA- DWAY STREET. RES. 95-116, AUTHO- RIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 918 IOWA AVENUE, iOWA CITY, IOWA. RES. 95-117, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AT- TEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER MAN- AGEMENT EASEMENT AGREEMENT FOR SOUTH POINTE ADDITION. RES. 95-118, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PUBLIC WALKWAY EASEMENT AGREEMENT FOR LOTS 13, 14, AND 15, WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA. RES. 95-119, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC WALKWAY FOR LOTS 13, 14 AND 15, WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA. RES. 95-120, AUTHO- RIZING THE ADOPTION OF THE ALLOW- ANCES FOR TENANT-FURNISHED UTILI- TIES AND OTHER SERVICES FOR THE IOWA CITY HOUSING AUTHORITY PRO- GRAMS, RES. 95-121, AUTHORIZING THE ADOPTION OF THE REVISED VOUC- HER PAYMENT STANDARDS FOR THE IOWA CITY HOUSING AUTHORITY VOUCHER PROGRAM. RES. 95-122, AUTHORIZING EXECUTION OF AMENDATORY AGREEMENT //13 TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC HOUSING. Correspondence: Joyce Myer regard- ing garbage collection rates, Adam Rohrer regarding city parks, Ed Barker regarding Iowa City's waste water plants. Letters regarding Melrose Avenue from: Pat Birk, Barbara and James Andrews. Letter and petition signed by eleven residents from the Jefferson/Gilbert area regarding the alley between Jefferson and Market. Mem- oranda from the Traffic Engineer regard- Official Council Actions May 23, 1995 Page 3 ing: Addition to the existing parking meter zone on the south side of the 500 block of Iowa Avenue; Existing loading zone in front of 715 North Van Buren Street; Removal of parking prohibition on the north side of the 11 O0 block of Hollywood Boulevard. Martha C. Fieseler regarding Johnson County Seats. Applications for City Plaza Use Per- mits: National Organization for Women to set up a table on May 12 for the purpose of distributing literature and offering but- tons and bumper stickers for donations, approved. Iowa Socialist Workers Cam- paign to set up a table on May 13 for the purpose of distributing campaign literature, approved. Spiritual Assembly of Baha'is to set up a table on May 18, 21, 23, and 26 for the purpose of distributing literature, approved. Applications for the Use of Streets and Public Grounds; Todd Shepherd for the use of South Governor Street between Bowery and the railroad tracks for a block party on May 29, approved. John D. Pe- ters for the use of public streets for the Mormon Trek Commemorative Run on June 10, approved. National Multiple Sclerosis Society to use public streets for the MS 150 Bike Ride on September 24, approved. The Mayor declared the motion carried. Rene Paine, 4347 River Bend Rd., Director of PATV noted PATV's 5th year anniversary; refranchising negotiations; and distributed copies of PATV's Annual Report. Ed Barker appeared regarding cost associated with the proposed water and wastewater treatment facilities. Elinor Maffitt appeared regarding the current SEATS service and Iowa City's para- transit proposal. Anna Buss, 525 W. Benton, appeared regarding the city's purchase of patrol bicycles for Police Department. Ed Barker noted the City Mgr. letter to Representative Jim Leach regarding social programs. A public hearing was held on an ordinance amending City Code Title 14, Chapter 5, enti- tled "Building and Housing," Article H, entitled "Site Plan Review," by adopting design stan- dards for exterior stairwells and exterior corri- dors on multi-family residential buildings, Official Council Actions May 23, 1995 Page 4 Moved and seconded that the ordinance amending City Code Title 14, Chapter 5, enti- tled "Building and Housing," Article H, entitled "Site Plan Review," by requiring City approval of designs for exterior stairwells and exterior corridors on multi-family residential buildings, be given first vote for consideration. The Mayor declared the motion carried. A public hearing was held on an amend- ment to the Comprehensive Plan to adopt "IOWA CITY: BEYOND 2000 -- Iowa City's Vision for the Future." The following individuals appeared: Linda Carter, Johnson County Coali- tion for Persons with Disabilities; Tim Clancy; Nancy Ostragni, Sweetbriar Ave., Johnson County Coalition for Persons with Disabilities; Mark Brown; Derek Maurer, 328 S. Governor; George Starr, 830 Davenport St. Moved end seconded to accept correspondence from: Ethel Madison; Johnson County Coalition for Persons with Disabilities. The Mayor declared the mo- tion carried. Moved and seconded that the ordinance conditionally amending the use regulations of an approximate 1.63 acre lot located on the west side of Waterfront Drive, approximately 140 feet north of Stevens Drive from CC-2, Community Commercial, to C1-1, Intensive Commercial, be given first vote for consider- ation. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 95- 3677, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE N, ENTITLED "OFF STREET PARKING AND LOAD- ING," TO REDUCE THE AMOUNT OF REQUIRED OFF-STREET PARKING SPACES REQUIRED AND AMEND THE PARKING AREA DESIGN STANDARDS IN THE CN-1, NEIGH- BORHOOD COMMERCIAL ZONE. Moved and seconded to adopt ORD. 95- 3678, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 34.21 ACRES OF LAND LOCATED WEST OF TAFT AVENUE ALONG COURT STREET EXTENDED FROM RS-5, LOW DENSITY SINGLE FAMILY RESIDENTIAL, TO CN-1, NEIGHBORHOOD COMMERCIAL, RM-12, LOW DENSITY MULTI- FAMILY RESIDENTIAL, AND RS-8, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL. Official Council Actions May 23, 1995 Page 5 Moved and seconded to defer to June 6 a resolution approving the preliminary plat of East Hill Subdivision, a 36-1ot, 13.11 acre residential subdivision located at 655 Meadow Street. The Mayor declared the motion carried. Moved and seconded to submit a letter to the Johnson County Board of Supervisors recommending approval, with conditions, of an application submitted by Alan Wainstein for a conditional use permit to allow a home busi- ness, an art gallery, for property located in Fringe Area 5 at 3800 Owl Song Lane, S.E., immediately north of lyemess Court and east of Arlington Drive. The Mayor declared the motion carried. A public hearing was he~d on an ordinance amending Title 14, Chapter 5-E entitled "Build- ing and Housing" City Code by revising Article E entitled "Housing Code" to enhance the life safety provisions for existing rental housing. The following individuals appeared: Dick Hupfeld, 3 Mt. Vernon Ct., President of the Greater Iowa City Apartment Association; Ed Barker, Board of Directors of the Apartment Association; Anna Buss, 525 W. Benton, Property Manager, Landlord's Association, & Bd. of Appeals member; and Derek Maurer, 328 S. Governor. Moved and seconded that the ordinance amending Title 14, Chapter 5-E entitled "Build- ing and Housing" City Code by revising Article E entitled "Housing Code" to enhance the Life Safety Provisions for existing rental housing, be given first vote for consideration. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies: Bd, of Adjustment. One vacancy for an unexpired term plus a five-year term ending January 1, 2001. This appoint- ment will be made at the June 27 special meeting of the City Council. The Mayor noted the current vacancies: Human Rights Corem. - One vacancy for an unexpired term ending January 1, 1998. This appointment will be made at the June 27 special meeting of the City Council. Moved and seconded to re-appoint Charles Traw, 411 MacBride Dr., and appoint Mark Martin, 720 S. 7th Ave., and Mary McMurray, 1201 Seymour Ave., to the Board of Library Trustees to fill three vacancies for six-year Official Council Actions May 23, 1995 Page 6 terms ending July 1, 2001. Re-appoint Clara Swan, 928 N. Dodge, Karyl Larson, 714 112 Kimball, Gary Nagle, 18 Warwick Circle, and appoint Martin Haynes, 805 Southlawn, to the Design Review Committee to fill four vacancies for three-year terms ending July 1, 1998. Appoint Elizabeth McKray, 603 Brookland Park Dr., to the Broadband Telecommunications Commission to fill one vacancy for an unex- pired term ending March 13, 1997. The Mayor declared the motion carried. Moved and seconded to adopt RES. 95- 123, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBOR~ HOODS" (PIN) GRANT FUNDS. The following individuals appeared: Pain Ehrhardt, Executive Committee Longfellow Neighborhood Assn., Neighborhood Council; Jeff Cholewa, 2204 Arizona, Grant Wood Neighborhood Assn. Moved and seconded to adopt RES. 95- 124, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY96 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVER- SITY HEIGF!TS. Moved and seconded to adopt RES. 95- 125, AUTHORIZING EXECUTION OF A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE TO JOINTLY BID ON ASPHALTIC CONCRETE STREET IMPROVEMENTS. Moved and seconded to adopt RES. 95- 126, AWARDING CONTRACT AND AUTHORIZ- ING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUC- TION OF THE 1995 ASPHALT RESURFACING PROJECT. Moved and seconded to adopt RES. 95- 127, AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING REIMBURSEMENT FOR PUBLIC IMPROVEMENT OVERSIZING COSTS IN PHASE ONE OF WHISPERING MEADOWS SUBDIVISION, PART TWO. Moved and seconded to adopt RES. 95- 128, AUTHORIZING THE HISTORIC PRESER- VATION COMMISSION TO FILE AN APPLICA- TION FOR A HISTORIC RESOURCES DEVELOP- MENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING Official Council Actions May 23, 1995 Page 7 NATIONAL REGISTER NOMINAl'IONS FOR PROPOSED COLLEGE GREEN AND EAST COL- LEGE STREET HISTORIC DISTRICTS. Moved and seconded that the ordinance amending Title 14, Chapter 3, entitled "City Utilities," of the City Code by revising Article C. Entitled "Potable Water Use and Service" to provide for the use or abandonment of private wells under extraordinary circumstances within the Iowa City City limits, be given first vote for consideration. John Rummelhart appeared. The Mayor declared the motion carried. Moved and seconded to defer to June 6 an ordinance amending Title 14, Chapter 3, enti- tled "City Utilities," Article H, entitled "Solid Waste" of the City Code by revising residential solid waste collection programs including recycling, bulky waste, yard waste and institut- ing a unit-based fee system, and to set a public hearing on the ordinance for June 6. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 12, Chapter 3, Section 1, enti- tled "Telephone Franchise", to adopt standards for entering franchise agreements to provide e~ectronic communications services, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to adjourn 10:24 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City s/~USAN M. HOROWITZ, MAYORr siSUS,AN I(. WALSh, DEPUTY CITY CL'ERK---M Submitted for publication 611195 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 22, 1995 Iowa City City Council, special meeting, 6:37 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott. Absent: Throgmorton. Staffmembers present: Atkins, Helling, Woito, Walsh, Ogren. Council minutes tape recorded on Tape 95-64, Side 2. Moved by Pigott, seconded by Kubby, to adjourn to executive session to discuss strategy with counsel in matters 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. Affirmative roll call vote unanimous, 6~0, Throgmorton absent. The Mayor declared the motion carried and adjourned into executive session 6:39 Council returned to open session 7:23 p.m. Moved by Kubby, seconded by Lehman, to adjourn the special meeting 7:25 p.m. The Mayor declared the motion carried unanimously, 6/0, T. hrogmorton absent. Susan M. Horowitz, Mayor Susan K. Walsh, Deputy City Clerk COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 23, 1995 Iowa City City Council, regular meeting, 7:30 p.m, atthe Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott. Absent: Throgmorton. Staffmembers present: Atkins, Woito, Walsh, Franklin, Boothroy, Rocca, Klinefelter, Bovey, Klingaman, Fosse, Schmadeke. Council minutes tape recorded on Tapes 95-68 & 95-69, both sides. The Mayor presented Citizenship Awards to students from Mark Twain Elementary School: Kaleia Hornaday, Jessica Larsen, Sven Nelson, Megan Ruxton. The Mayor noted the Regina High School Girl's Track Team winning the Class 1A Championship and expressed sympathy to the family of Mike Howard. Moved by Novick, seconded by Lehman, 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 special meeting of May 8, 1995, and the regular meeting of May 9, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. meeting of April 12, 1995; Bd. of Library Trustees meeting of April 27, 1995; P&Z Comm. meeting of May 4, 1995; Mayor's Youth Employment Bd. meeting of April 25, 1995; Airport Comm. meeting of April 11, 1995; Housing Comm. meeting of April 11, 1995. Permit Motions: Approving a Class "C" Liquor License for Linn Street Cafe, 121 N. Linn St. Approving a Class "E" Beer Permit for Walgreens, 1646 Sycamore. Approving a Class "B" Beer Permit for Iowa City Tennis & Fitness Ctr., 2400 N. Dodge St. Approving a Class "C" Liquor License for Mumm's Saloon & Eatery, 21 W. Benton St. Approving an Outdoor Service Area for ~itzpatrick's, 525 S. Gilbert St. Approving a Class C Liquor License for Season's Best, 325 E. Washington St. Approving an Outdoor Service Area for Season's Best, 325 E. Washington St. Motions: Approve disbursements in the amount of $10,260,349.O4 for the period of April 1 through April 30, 1995, as recommended by the Finance Dir. subject to audit. Resolutions, Bk. 113: RES. 95-114, p. 114, ACCEPTING THE WORK FOR CHAUNCEY SWAN PLAZA PARKING FACILITY. RES. 95-115, p. 115, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST COMPANY FOR PROPERTY LOCATED AT 1521 BROADWAY STREET. RES. 95-116, p. 116, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 918 IOWA AVENUE, IOWA CITY, IOWA. RES. 95-117, p. 117, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORM- WATER MANAGEMENT EASEMENT AGREEMENT FOR SOUTH POINTE ADDITIC · ES. 95-118, p. 118, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERN ATTEST A PUBLIC WALKWAY EASEMENT AGREEMENT FOR LOTS 13, 14, AND: 5, WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA. RES. 95-119, p. 119, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC WALKWAY FOR LOTS 13, 14 AND 15, WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA. RES. 95- 1 20, p. 120, AUTHORIZING THE ADOPTION OF THE ALLOWANCES FOR TENANT- FURNISHED UTILITIES AND OTHER SERVICES FOR THE IOWA CITY HOUSING AU- THORITY PROGRAMS. RES. 95-121, p. 12:1, AUTHORIZING THE ADOPTION OF THE REVISED VOUCHER PAYMENT STANDARDS FOR THE IOWA CITY HOUSING AU- THORITY VOUCHER PROGRAM. RES. 95-122, p. 122, AUTHORIZING EXECUTION OF AMENDATORY AGREEMENT //13 TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC HOUSING. Council Activities May 23, 1995 Page 2 Correspondence: Joyce Myer regarding garbage collection rates. Adam Rohrer regarding city parks. Ed Barker regarding Iowa City's waste water plants. Letters regarding Melrose Avenue from: Pat 8irk, Barbara and James Andrews. Letter and petition signed by eleven residents from the Jefferson/Gilbert area regarding the alley between Jefferson and Market. Memoranda from the Traffic Engineer regarding: Addition to the existing parking meter zone on the south side of the 500 block of Iowa Avenue; Existing loading zone in front of 715 North Van Buren Street; Removal of parking prohibition on the north side of the 1100 block of Hollywood Boulevard. Martha C. Fieseler regarding Johnson County Seats. Applications for City Plaza Use Permits: National Organization for Women to set up a table on May 12, 1995, for the purpose of distributing literature and offering buttons and bumper stickers for donations, approved. Iowa Socialist Workers Campaign to set up a table on May 13, 1995, for the purpose of distributing campaign literature, approved. Spiritual Assembly of Baha'is to set up a table on May 18, 21,23, and 26, 1995, for the purpose of distributing literature, approved. Applications for the Use of'Streets and Public Grounds: Todd Shepherd for the use of South Governor Street between Bowery and the railroad tracks for a block party on May 29, 1995, approved, John D. Peters for the use of public streets for the Mormon Trek Commemorative Run on June 10, 1995, approved. National Multiple Sclerosis Society to use public streets for the MS 150 Bike Ride on September 24, 1995, approved. After discussion, Council agreed to converting the six foot sidewalks in the West Side Park Addition (agenda Item No. 3e(6)) to eight foot sidewalks. The City Attorney will provide an ancillary agreement for further Council consideration. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor de~-Iared the motion carried. Rene Paine, 4347 River Bend Rd., Director of PATV noted PATV's 5th year anniversary; refranchising negotiations; and distributed copies of PATV's Annual Report. Ed Barker appeared regarding cost associated with the proposed water and wastewater treatment facilities. Elinor Maffitt appeared regarding the current SEATS service and Iowa City's paratransit proposal. Anna Buss, 525 W. Benton, appeared regarding the city's purchase of patrol bicycles for Police Department. Ed Barker noted the City Mgr. letter to Representative Jim Leach regarding social programs. A public hearing was held 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. PCD Director Franklin present for discussion. No one appeared. Moved by Kubby, seconded by Pigott, that the ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by requiring City approval of designs for exterior stairwells and exterior corridors on multi-family residential buildings, be given first vote for consideration. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the motion carried. A public hearing was held on an amendment to the Comprehensive P~an to adopt "IOWA CITY: BEYOND 2000 -- Iowa City's Vision for the Future." The following individuals appeared: Linda Carter, Johnson County Coalition for Persons with Disabilities; Tim Clancy; Nancy Ostragni, Sweetbriar Ave., Johnson County Coalition for Persons with Disabilities; Mark Brown; Derek Maurer, 328 S. Governor; George Starr, 830 Davenport St. Moved by Pigott, seconded by Kubby, to accept correspondence from: Ethel Madison; Johnson County Coalition for Persons with Disabilities. The Mayor declared the motion carried unanimously, 6/0, Throgmorto.n absent. Moved by Pigott, seconded by Baker, that the ordinance conditionally amending the use regulations of an approximate 1.63 acre lot located on the west side of Waterfront Drive, Council Activities May 23, 199§ Page 3 approximately 140 feet north of Stevens Drive from CC-2, Community Commercial, to CI-1, Intensive Commercial (Boyd & Rummelhart), be given first vote for consideration. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the motion carried. Moved by Novick, seconded by Lehman, to adopt ORD. 95-3677, Bk. 38, p. 14, 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 REQUIRED AND AMEND THE PARKING AREA DESIGN STANDARDS IN THE CN-1, NEIGHBORHOOD COMMERCIAL ZONE. Affirmative roll call vote unanimous, 6~0, Throgmorton absent. The Mayor declared the ordinance adopted. Moved by Pigott, seconded by Baker, to adopt ORD. 95-3678, Bk. 38, p. 15, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 34.21 ACRES OF LAND LOCATED WEST OF TAFT AVENUE ALONG COURT STREET EXTENDED FROM RS-5, LOW DENSITY SINGLE FAMILY RESIDENTIAL, TO CN-1, NEIGHBORHOOD COMMERCIAL, RM-12, LOW DENSITY MULTI- FAMILY RESIDENTIAL, AND RS-8, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (Windsor Ridge). Affirmative roll call vote unanimous, 6/0, Throgmorton absent. Moved by Novick, seconded by Lehman, to defer to June 6, 1995, a resolution approving the preliminary plat of East Hill Subdivision, a 36-1ot, 13.11 acre residential subdivision located at 655 Meadow Street. The Mayor declared the motion carried unanimously, 6~0, Throgmorton absent. Moved by Kubby, seconded by Baker, to submit a letter to the Johnson County Board of Supervisors recommending approval, with conditions, of an application submitted by Alan Weinstein for a conditional use permit to allow a home business, an art gallery, for property located in Fringe Area 5 at 3800 Owl Song Lane, S.E., immgdiately north of Iverness Court and east of Arlington Drive. The Mayor declared the motion carried unanimously, 6~0, Throgmorton absent. A public hearing was held on an ordinance amending Title 14, Chapter 5-E entitled "Building and Housing" City Code by revising Article E entitled "Housing Code" to enhance the life safety provisions for existing rental housing. The following individuals appeared: Dick Hupfeld, 3 Mt. Verr~on Ct., President of the Greater Iowa City Apartment Association; Ed Barker, Board of Directors of the Apartment Association; Anna Buss, 525 W. Benton, Property Manager, Landlord's Association, & Bd. of Appeals member; and Derek Maurer, 328 S. Governor. Housing & Inspection Services Director Boothroy; St. Housing Inspector Klinefelter; and Fire Marshal Rocca present for discussion. Moved by Novick, seconded by Pigott, that the ordinance amending Title 14, Chapter 5-E entitled "Building and Housing" City Code by revising Article E entitled "Housing Code" to enhance the Life Safety Provisions for existing rental housing, be given first vote for consideration. Council directed the City Manager to schedule further discussion of establishment of a Housing task force and development of an inspection checklist. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies: 8d. of Adjustment - One vacancy for an unexpired term plus a five-year term ending January 1, 2001. This appointment will be made at the June 27, 1995, special meeting of the City Council. The Mayor noted the current vacancies: Human Rights Comm. - One vacancy for an unexpired term ending January 1, 1998. This appointment will be made at the June 27, 1995, special meeting of the City Council. Moved by Pigott, seconded by Lehman, to re-appoint Charles Traw, 411 MacBride Dr., and appoint Mark Martin, 720 S. 7th Ave., and Mary McMurray, 1201 Seymour Ave., to the Board of Library Trustees to fill three vacancies for six-year terms ending July 1, 2001. Re- appoint Clara Swan, 928 N. Dodge, Karyl Larson, 714 1/2 Kimball, Gary Nagle, 18 Warwick Circle, and appoint Martin Haynes, 805 Southlawn, to the Design Review Committee to fill Council Activities May 23, 1995 Page 4 four vacancies for three-year terms ending July 1, 1998. Appoint Elizabeth McKray, 603 Brookland Park Dr., to the Broadband Telecommunications Commission to fill one vacancy for an unexpired term ending March 13, 1997. The Mayor declared the motion carried unanimously, 6/0, Throgmorton absent. Council Member Baker noted discussion the previous night regarding the time frame on construction and financing for the proposed water plant & wastewater treatment facility, and stated the City Manager will follow up with additional information and options. Council Me.mber Pigott outlined his goals for the water and wastewater projects. Council Member Novick reported on a local group of people interested in an ordinance requiring bicycle helmets. Any one with information on communities with such an ordinance should contact her. Council Member Kubby stated that Ralston Creek had a red color to it and urged citizens to not dump things into the creek; suggested the Neighborhood Council evaluate the stop sign experiment conducted in three Iowa City neighborhoods; and complimented City staff on a water education program on the government access channel. Council Member Lehman reported that he also saw red water running in the gutters that was coming from a flowering tree on West Benton St. Moved by Novick, seconded by Pigott, to adopt RES. 95-1 23, Bk. 113, p. 123, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. The following individuals appeared: Pain Ehrhardt, Executive Committee Longfellow Neighborhood Assn., Neighborhood Council; Jeff Cholewa, 2204 Arizona, Grant Wood Neighborhood Assn. Affirmative roll call vote unanimous, 6~0, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Novick, to adopt RES. 95-124, Bk. 113, p. 124, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY96 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CI.TY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Affirmative roll call vote unanimous, 5~0, Baker and Throgmorton absent. The Mayor declared the motion carried. Moved by Novick, seconded by Kubby, to adopt RES. 95-1 25, Bk. 113, p. 125, AUTHORIZING EXECUTION OF A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE TO JOINTLY BID ON ASPHALTIC CONCRETE STREET IMPROVEMENTS. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Novick, to adopt RES. 95-126, Bk. 113, p. 126, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE 1995 ASPHALT RESURFACING PROJECT to L.L. Pelling Co. for $612,924.55. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 610, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Pigott, to adopt RES. 95-127, Bk. 113, p. 127, AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING REIMBURSEMENT FOR PUBLIC IMPROVEMENT OVERSIZING COSTS IN PHASE ONE OF WHISPERING MEADOWS SUBDIVISION, PART TWO. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Novick, to adopt RES. 95-128, Bk. 113, p. 128, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING NATIONAL REGISTER NOMINATIONS FOR PROPOSED COLLEGE GREEN AND EAST COLLEGE STREET HISTORIC DISTRICTS. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the resolution adopted. Council Activities May 23,1995 Page 5 Moved by Kubby, seconded by Lehman, that the ordinance amending Title 14, Chapter 3, entitled "City Utilities," of the City Code by revising Article C. Entitled "Potable Water Use and Service" to provide for the use or abandonment of private wells under extraordinary circumstances within the Iowa City City limits, be given first vote for consideration. John Rummelhart appeared. Public Works Dir. Schmadeke present for discussion. Affirmative roll call vote unanimous, 6~0, Throgmorton absent. The Mayor declared the motion carried. Moved by Pigott, seconded by Kubby, to defer to June 6, 1995, an ordinance amending Title 14, Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste" of the City Code by revising residential solid waste (refuse) collection programs including recycling, bulky waste, yard waste and instituting a unit-based fee system, and to set a public hearing on the ordinance for June 6, 1995. The Mayor declared the motion carried unanimously, 6~0, Throgmorton absent. Moved by Novick, seconded by Pigott, that the ordinance amending Title 12, Chapter 3 Section 1 entitled "Telephone Franchise", to adopt standards for entering franchise agreements to provide electronic communications services, be given first vote for consider- ation. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the motion carried. Moved by Kubby, seconded by Lehman, to adjourn 10:24 p.m. The Mayor declared the motion carried unanimously, 6/0, Throgmorton absent. Susan K. Walsh, Deputy City Clerk Susan M. Horowitz, Mayor