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HomeMy WebLinkAbout1995-10-10 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 10, 1995 Iowa City City Council, regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker (7:38 p.m.), Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Arkins, Hailing, Woito, Karr, Shank, Miklo, Nasby, Schmadeke, Schoon, Moreno. Council minutes tape recorded on Tapes 95-121, both sides. The Mayor reminded everyone to vote in the City Council Primary and that polls were open until 8:00 p.m. She also welcomed his Honor Hamidou KAMIDOR Njimoluh, Minister Plenipotentiary and Diplomatic Counselor from Cameroon; and members of a University of Iowa Journalism Class. The Mayor presented the Citizenship Awards to students of Hoover Elementary School: Scott Houghton, Chris Richey, Mikaila Teale. The Mayor proclaimed Domestic Violence Awareness Month - October 1995; Pastoral Care Week - October 23-29, 1995; World Food Day - October 16, 1995. Moved by Pigott, seconded by Throgmorton, that the following items and recommenda- tions in the Consent Calendar be received, or approved, and/or adopted as amended; Approval of Official Council actions of the regular meeting of September 26, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Cornre. meeting of September 13, 1995; P&Z Comm. meeting of September 21, 1995; Bd. of Adjustment meeting of September 13, 1995. Permit Motions: Approving a Class "C" Beer Permit for Millermart, Inc. 2303 Muscatine Ave, Approving a Class "C" Beer Permit for DeliMart //1, 525 Hwy 1 West. Approving a Class "C" Beer Permit for Mini Mart, 731 S. Riverside Dr. RES. 95-291, Bk. 114, p. 291, ISSUE CIGARETTE PERMIT. Approving a Special Class C Liquor for Denan Thai, 21 Sturgis Corner Dr, Setting public hearings: Setting a public hearing for October 24, 1995, on the Melrose Avenue Street and Bridge Reconstruction Project. RES. 95-292, Bk. 114, p. 292, SETTING PUBLIC HEARING for October 24, 1995, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Setting a public hearing on October 24, 1995, to be held jointly with the Broadband Telecommunica- tions Commission, on a proposed Franchise Agreement Between the City of Iowa City and Cablevision VII, Inc. Setting a public hearing on October 24, 1995, to be held jointly with the Broadband Talecommunications Commission, on an ordinance amending Title XII, Entitled "Franchises" of the Code of Ordinance of the City of Iowa City, to repeal Chapter 4 and to adopt a new Chapter 4 to be known as "Cable Television Franchise Enabling Ordinance", Resolutions, Bk. 114: RES. 95-293, p. 293, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 322 E. BLOOMINGTON STREET, IOWA CITY, IOWA. RES. 95-294, p. 294, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 420 N. GILBERT STREET, IOWA CITY, IOWA. RES. 95-295, p. 295, APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) AMENDMENT//16 TO THE CONSOLIDATED ANNUAL Council Activities Iowa City City Council October 10, 1995 Page 2 CONTRIBUTIONS CONTRACT KC-9166. RES. 95-296, p. 296, AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND BUDGET. Correspondence: Bernard and JoAnna Milder requesting expedited action in the sale of alley property. Charles and Doris Lisle expressing appreciation for city staff's work on the Rohret Road improvement project. Thomas Summy regarding the request of Midtown Restaurant to locate near the Scott Boulevard and Court Street intersec- tion. Miller/Orchard Neighborhood Association regarding affordable housing. Charles Traw, President of Library Bd. of Trustees, regarding update on the Library expansion. Applications for City Plaza Use Permits: Iowa Socialist Workers Campaign for permission to set up a table on September 30, 1995, for the purpose of offering papers and pamphlets for donations, approved. City Mgr. Atkins noted the setting of a public hearing for the South River Corridor Interceptor and Relief Sewers Project, noting no response had been received from DNR on the City's revised schedule. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Terri Miller, Senior Center Commissioner, briefed Council on the activities of the Center. Mayor Horowitz thanked staff and the Commission for all their efforts on the closing ceremonies on the Commemorative Year of World War Ih Joan Hart, 328 E. Jefferson St., appeared regarding the traffic flow in the 300 block of East Jefferson, requesting the alley be designated one way. Staff will follow-up. Moved by Pigott, seconded by Lehman, to set a public hearing for October 24, 1995 on an ordinance amending the Zoning Chapter by adopting a Sensitive Areas Ordinance to regulate development on properties containing environmentally sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric soils, prairie remnants and archaeological sites. Sr. Planner Miklo present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Zoning Chapter by conditionally changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential {Whispering Meadows - Outlot A). No one appeared. Moved by Novick, seconded by Lehman, that the ordinance amending the Zoning Chapter by conditionally changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Dr. and south of Highway 6 from ID-RS Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential, be given first vote for consideration (Whispering Meadows - Outlot A). Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Lehman, seconded by Novick, to adopt ORD. 95-3694, Bk. 38, p. 31, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 30 ACRES OF LAND LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF ROHRET ROAD FROM RS-5, LOW DENSITY SINGLE-FAMILY, TO OPDH-8, PLANNED DEVELOPMENT HOUSING OVERLAY (Mormon Trek Village). Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopted. Council Activities Iowa City City Council October 10, 1995 Page 3 Moved by Novick, seconded by Kubby, to defer to October 24, 1995, a resolution for final plat approval of Kennedy's Waterfront Addition, Pan three. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Kubby, seconded by Novick, to accept correspondence from: Charles Mullen, attorney for Southgate Development Co. The Mayor declared the motion carried unanimously, 7~0, all Council Members present.. A public hearing was held on the City's Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report for Fiscal Year 1994. No one appeared. The Mayor noted the previously announced vacancies: St. Center Cornre. - Two vacancies for three-year terms ending December 31, 1998, These appointments will be made at the October 24, 1995, meeting of the City Council. Bd. of Appeals - One vacancy for a licensed electrician for a five-year term ending December 31, 2000. Design Review Cornre. - Two vacancies for unexpired terms ending July 1, 1997. Human Rights Cornre. - Three vacancies for three-year terms ending January 1, 1999, P&R Comm. - Two vacancies for four- year terms ending January 1,2000. P&Z Comm. - One vacancy for an unexpired term ending May 1, 1996, plus a five-year term ending May 1, 2001. These appointments will be made at the November 7, 1995, meeting of the City Council. The Mayor urged residents to consider applying for one of the vacancies. Moved by Kubby, seconded by Novick, to re-appoint Richard Hoppin, 426 Lee St. and Jessica Neary, 715 N. Linn//3, to the Riverfront and Natural Areas Commission to fill two vacancies for three-year terms ending December 1, 1998. The Mayor declared the motion carried unanimously, 7/0, all Council Members present, Council Member Lehman noted the completion of the Rohret Road Project almost two months ahead of schedule, and acknowledged the letter complimenting Sr. Construction Inspector Ed McGinnis for his work. Lehman referred to Council discussion the previous evening regarding the request from MidTown Restaurant to move into the eastside, and explained reasons why the move will not take place. The Mayor stated she had also sent a letter to the owners, Council Member Kubby noted the cooperation between the City and the University on several projects affecting Madison Street. She also called attention to the Home Fire Drill scheduled October 15, and encouraged people to participate. Council Member Novick reported on a visit from a member of the Italian Parliament Civic Center tour conducted by City Manager Arkins, and especially the City's Document Services Department. She also stated she had been informed of some smaller cities in Iowa that pay their Board and Commission members. Council Member Throgmorton informed citizens that during the work session of October 23, Council would be discussing possible appointments to an ad hoc economic development committee and outlined the tasks to be addressed. Council Member Pigott congratulated James Linn of the Iowa City Police Department on his election as President of the Administrative Officers Course at the Southern Police Institute of the University of Louisville. He also referenced the memo from Traffic Engr. 8rachtel regarding synchronization of lights on Burlington Street, noting that newer equipment is being installed to help implement a coordinated plan but because of a number of reasons it may not be noticeable. The Mayor noted the Council Chambers door was now equipped with special button allowing accessibility. She welcomed new President Mary Sue Coleman to the University of Iowa, and reported she had presented keys to the City to the Homecoming King and Queen. Council Activities Iowa City City Council October 10, 1995 Page 4 Mayor Horowitz announced that through the Cable television division, government channel, Channel 4, viewers could now access World Wide Web through interactive lnfoVision. Moved by Pigott, seconded by Kubby, to adopt RES. 95-297, Bk. 114, p. 297, AP- PROVING A JOINT AGREEMENT OF COMMUNICATION AND COOPERATION WITH RESPECT TO ALLOCATION AND DIVISION OF PROPERTY TAXES FOR INDUSTRIAL NEW JOBS TRAINING PROGRAMS (Kirkwood Community College). 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. 95-298, Bk. 114, p. 298, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE WATER SUPPLY AND TREATMENT FACILITY SITE to Layne-Western for 9333,5886.80. Public Works Director Schmadeke present for discussion, Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubb¥, seconded by Throgmorton, to consider a resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Ground Storage Reservoir Pump System Improvements. Public Works Director Schmadeke present for discussion. The Mayor declared the resolution defeated, 0~7, with the following division of roll call vote: Ayes: None. Nays: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman. Absent: None. Moved by Novick, seconded by Pigott, to adopt RES. 95-299, Bk. 114, p. 299, INTENT TO CONVEY TWO SINGLE-FAMILY RESIDENTIAL DWELLINGS, STREET ADDRESS OF 3331 DUBUQUE STREET AND 3337 DUBUQUE STREET, IOWA CITY, IOWA, BY A SEALED BIDDING PROCESS, AND SETTING A PUBLIC HEARING FOR OCTOBER 24, 1995. City Atty. Woito displayed a copy of the ad scheduled for publication. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor announced the election results and the top four vote getters as Julianna Johnston, Dee Vanderhoef, Karen Kubby, and Howie Vernon. Moved by Pigott, seconded by Novick, that the ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," Section 3, "Historic Preservation Commission," by increasing the required number of at large appointments to the Historic Preservation Commission, and by amending the provisions for filling vacated, unexpired terms, be given second vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Baker, that ordinance amending City Code Title 9, Chapter 1, entitled" Motor Vehicles and Traffic," Article 7, entitled "Toy Vehicles," be given second vote for consideration. After discussion, Moved by Kubby, seconded by Throgmorton, to amend the ordinance by deleting parking lots from the definition of roadway. The Mayor declared the motion defeated, 2/5, with Kubby and Throgmorton voting in the affirmative. After additional discussion, moved by Throgmorton, seconded by Kubby, to defer second consideration of the ordinance to allow staff time to review the issue of where skateboards, rollerblades and other toy vehicles are al!owed. The Mayor declared the motion defeated, 2~5, with Kubby and Throgmorton voting in the affirmative. The Mayor declared the motion on second consideration of the ordinance carried, 7/0, all Council Members present, with an understanding that staff review areas in which toy vehicles are permitted. Council Activities Iowa City City Council October 10, 1995 Page 5 Moved by Kubby, seconded by Baker, that the ordinance amending Title 2, "Human Rights," City Code, by amending the subpoena power of the Human Rights Commission, by adding the definition of Gender Identity, and by adding Gender Identity as a protected class, 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 Pigott, seconded by Throgmorton, to adjourn 8:50 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. MatrOn K, Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official colby, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceed- ings and claims is $/ Cumulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 9/26~95 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, Pigotl, Throgmorton. Absent: None. The Mayor proclaimed HEAT's On Day - October 7; Special Populations Week - October 2-8; Fire Prevention Week - September 26. Firefighter Stagg accepted the proclamation and briefed Council on the county wide home fire drill scheduled October 15. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council actions of the special meetings of September 11 and 20, and the regular meeting of September 12, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. meeting of August 9; Broad- band Telecomm. Comm. meeting of Au- gust 28; P&Z Comm. and Riverfront & Natural Areas Cornre, joint meeting of August 10; Airport Comm. meeting of Au- gust 10; Bd. of Library Trustees meeting of August 24, September 7; P&Z Comm. meeting of September 7; Design Review Comm. special meetings of August 21, August 30; Historic Preservation Comm. meeting of July 11, July 25, August 8. Permit Motions: Class "C" Liquor License for Hilltop Lounge, 1100 N. Dodge St. Class "C" Liquor License for Diamond Dave's Taco Company, 1604 Sycarqore St. Class "C" Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Setting public hearings: Setting a public hearing on October 10 to discuss the FY1994 Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report. Motions: Approve disbursements tn the amount of 89,787,387.14 for the period of August 1 through August 31, as recommended by the Finance Director subject to audit. Official Actions September 26, 1995 Page 2 revised 10/10/95 Resolutions: RES. 95-283, APPROV- ING THE PUBLIC HOUSING MANAGE- MENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY. Correspondence: Randy Dickson regarding a cultural management survey for the water plant property. Rod Lakes regarding a foreign-made back hoe. John A. Gross regarding the Bus and Shop Program rates. MelroseAve. Neighborhood Assn. regarding the Melrose Ave. Bridge and street alternatives. City Plaza Use Permits: Josh Timmars for permission to set up a table on Sep- tember 14 and 15 for the purpose of distributing information regarding the campaign to organize graduate students, approved. Rebecca Thomas for permission to set up a table on September 23 and 29 for the purpose of distributing information regarding her church, approved. Applications for Use of Streets and Public Grounds: Downtown Association for the use of public sidewalks for Side- walk Days, September 21 - 24, approved. Frank Howard for the use of William Street between Bradford and Wayne, on Septem- ber 16 for a block party, approved. Regina High School for the use of public streets for the Regina Homecoming Parade on September 22, approved. Jean Lloyd-Jones for the use of Gould Street on October 8 for a block party, approved. The Mayor declared the motion carried. Derek Maurer, 328 S. Governor, Board Member of Public Access Television (PATV) updated Council on events and activities at Public Access and reminded citizens of the Annual Meeting and election to the Board scheduled for November 17, 7:00 p,m., Room A of the Public Library. Dick Hupfeld, 3 Mr. Vernon Ct., appeared regarding inconsistencies of rental inspections and the scope of the Service Quality Committee for Housing Code Enforcement. Todd Janus, 2302 Abbey Lane, stated he did not leave in protest after the vote on Mormon Trek Village, as reported in the Press Citizen. A public hearing was held on an ordinance amending the Zoning Chapter by changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Devel- Official Actions September 26, 1995 Page 3 opment Single-Family Residential, to RM-12, Low Density, Multi-Family Residential. Atty. Chuck Mullen, representing CB Development, presented a signed conditional zoning agree- ment and thanked City Attorney Woito in helping getting this matter resolved. Moved and seconded to continue the public hearing to October 10. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded that the rule requir- ing ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3693, AMENDING CITY CODE TITLE 14, CHAPTER 6, ARTICLE V, "MINOR MODIFICATION PROCE- DURES," TO ALLOW PARKING FOR PERSONS WITH DISABILITIES IN THE FRONT YARD OF A COMMERCIAL ZONE EVEN WHEN LOCATED ADJACENT TO A RESIDENTIAL ZONE, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to adopt RES. 95- 284, APPROVING THE PRELIMINARY AND FINAL PLAT OF DONOHOE FOURTH SUBDIVI- SION, JOHNSON COUNTY, IOWA. Moved and seconded to defer to October 10 a resolution approving the final plat of Kennedy's Waterfront Addition, Part Three, a 31.23 acre, 11-1ot commercial subdivision located south of Highway 1 between Gilbert Street and the Iowa River. The Mayor declared the motion carried. A public hearing was held on plans, speci- fications, form of contract and estimate of cost for construction of the Iowa City Sanitary Landfill FY91 cover and FY96 cell construction project. Moved and seconded to adopt RES. 95- 285, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA Official Actions September 26, 1995 Page 4 SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION PROJECT, ESTABLISH- ING AMOUNT OF BID SECURITY TO ACCOM- PANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on an ordinance amending the City Code Title 2, Human Rights Ordinance, Chapter 2, Section 2-2-2. and 2-1-1 (J). The following individuals appeared: Allson Ames Gelstad, Chair Human Rights Commis- sion; Brett 8eemyn; Josh Kronick; Dawn Arkins, 1014 Hudson; Cindy Burke, 625 S. Dodge; Lyone Fain, 605 E. Burlington; and Richard Shannon, 430 E. Bloomington. Moved and seconded to accept correspondence from: Study Group members from the United Church of Christ; Brett Beemyn. The Mayor declared the motion carried. A public hearing was held on the con- veyance of a twenty-foot wide, vacated portion of alley right of way located east of Gilbert Court. immediately south of the Iowa Interstate Railway and immediately north of Lot 4 of Block 3, Lyon's Addition, to Bernard and Joanna Milder. Moved and seconded to adopt RES. 95- 286, AUTHORIZING CONVEYANCE OF A TWENTY-FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF GILBERT COURT, IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILWAY AND IMME- DIATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION, TO BERNARD AND JOANNA MILDER. The Mayor noted the previously an- nounced vacancies: Riverfront & Natural Areas Cornre. - Two vacancies for three-year terms ending December 1, 1998. These appoint- ments will be made at the October 10 meeting of the City Council. Sr. Center Comm. - Two vacancies for three-year terms ending Decem- ber 31, 1998. These appointments will be made at the October 24 meeting of the City Council. The Mayor noted the current vacancies: Bd. of Appeals - One vacancy for a licensed electrician for a five-year term ending Decem- ber 31, 2000. Design Review Cornre. - Two vacancies for unexpired terms ending July 1, 1997. Human Rights Comm. - Three vacancies for three-year terms ending January 1, 1999. P&R Cornre. - Two vacancies for four-year terms ending January 1, 2000. P&Z Cornre. - Official Actions September 26, 1995 Page 5 One vacancy for an unexpired term ending May 1, 1996, plus a five-year term ending May 1, 2001. These appointments will be made at the November 7 meeting of the City Council. Moved and seconded to appoint Ruedi Kuenzli, 705 S. Summit St., to the Historic Preservation Commission to fill one vacancy for a Summit Street representative for an unex- pired term ending March 29, 1998. The Mayor declared the motion carried. Moved and seconded to adopt RES. 95- 287, ACKNOWLEDGING THE CONVICTION OF SINCLAIR RETAIL FOR SALES OF ALCOHOLIC BEVERAGES TO PERSONS UNDER THE LEGAL DRINKING AGE, AND IMPOSING A $300.00 CIVIL PENALTY TO BE PAID TO IOWA CITY. Moved and seconded to adopt RES. 95- 288, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR USE OF CITY STREETS AS A DETOUR. Moved and seconded to adopt RES. 95- 289, APPROVING, AUTHORIZING AND DI- RECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY OF CEDAR RAPIDS TO PROVIDE ENGINEERING CONSUL- TANT SERVICES FOR THE FIRST AVENUE IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 95- 290, ESTABLISHING A POLICY ON DESIGN- ING, MODIFYING AND MAINTAINING PUBLIC STREETS TO FACILITATE BICYCLE USAGE. Moved and seconded that the ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preser- vation Regulations," Section 3, "Historic Pres- ervation Commission," by increasing the re- quired number of at large appointments to the Historic Preservation Commission, and by amending the provisions for filling vacated, unexpired terms, be given first vote for consid- eration, The Mayor declared the motion carried. Moved and seconded that the ordinance amending City Code Title 9, Chapter 1, entitled "Motor Vehicles and Traffic," Article 7, entitled "Toy Vehicles," be given first vote for consider- ation, The Mayor declared the motion carried, Moved and seconded to adjourn 9:40 p.m, The Mayor declared the motion carried. For a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. Official Actions September 26, 1995 Page 6 Submitted for publication 10/5/95 Official Actions September 26, 1995 Page 2 Resolutions: RES. 95-283, APPROV- ING THE PUBLIC HOUSING MENT ASSESSMENT PROGRAM CERTIFICATION OF THE IOWA HOUSING AUTHORITY. Correspondence: Randy regarding a cultural mana for the water plant regarding a foreign-made A. Gross regarding the Program rates. Melrose A Assn. regarding the and street alternative= City Plaza Use for permission to tember 14 and distributing campaign to for wal o set up 8 t purl Lloyd-Jol survey Lakes hoe. John and Shop hborhood Ave. Bridge Josh Timmars up a table on Sap- for the purpose of regarding the graduate students, )mas for permission le on September 23 and 29 distributing information church, approved. for Use of Streets and rounds: Downtown Association use of public sidewalks for Side- September 21 - 24, approve& for the use of William Street n Bradford and Wayne, on Septem- ,r a block party, approved. Regina for the use of public streets ina Homecoming Parade on er 22. approved. Jean for the use of Gould Street on a block party, approved. the motion carried. ,r, 328 S. Governor, Board Access Television (PATV) ,n events and activities at reminded citizens of the election to the Board 17, 7:00 p.m.. Room ry. Dick Hupfeld, 3 Mr. egarding inconsistencies and the scope of the tee for Housing Code 2302 Abbey Lane, the Press Citizen that stated several got up and left Village vote, on an ordinance changing the 2.02 acre Drive and Mayor decl Derek Member of updated Council Public Access a~ Annual Meeting scheduled for A of the Public Lib~ Vernon Ct., of rental insp Service Quality Enforcement. apologized to Council erroneously printed articl members of the (in protest) on the A public hearing was amending the Zoning use regulations on an tract of land located east of south of Highway 6 from ID-RS, Interim Devel- Subject to change as finalized by the City Clerk, For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 26, 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, Helling, Woito, Karr, Burnside, Shank, Franklin, Fosse. Council minutes tape recorded on Tapes 95-114, Both Sides; 95-115, Side 1. The Mayor proclaimed HEAT's On Day - October 7, 1995; Special Populations Week- October 2-8, 1995; Fire Prevention Week - September 26, 1995. Firefighter Stagg accepted the proclamation and briefed Council on the county wide home fire drill scheduled October 15. Moved by Kubby, seconded by Pigott, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council actions of the special meetings of September 11 and 20, and the regular meeting of September 12, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. meeting of August 9, 1995; Broadband Telecomm. Comm. meeting of August 28, 1995; P&Z Comm. and Riverfront & Natural Areas Comm. joint meeting of August 1 O, 1995; Airport Comm. meeting of August 1 O, 1995; Bd. of Library Trustees meeting of August 24, 1995, September 7, 1995; P&Z Cornre. meeting of September 7, 1995; Design Review Comm. special meetings of August 21, 1995, August 30, 1995; Historic Preservation Comm. meeting of July 11, 1995, July 25, 1995, August 8, 1995. Permit Motions: Approving a Class "C" Liquor License for Hilltop Lounge, 11 O0 N. Dodge St. Approving a Class "C" Liquor License for Diamond Dave's Taco Company, 1604 Sycamore St, Approving a Class "C" Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Setting public hearings: Setting a public hearing on October 10, 1995, to discuss the FY1994 Comprehensive Housing Affordability Strategy ICHAS) Annual Performance Report. Motions: Approve disbursements in the amount of $9,787,387.14 for the period of August 1 through August 31, 1995, as recommended by the Finance Director subject to audit. Resolutions: RES. 95-283, Bk. 114, p. 283, APPROVING THE PUBLIC HOUS- ING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY. Correspondence: Randy Dickson regarding a cultural management survey for the water plant property. Rod Lakes regarding a foreign-made back hoe. John A. Gross regarding the Bus and Shop Program rates. Melrose Ave. Neighborhood Assn. regarding the Melrose Ave, Bridge and street alternatives. City Plaza Use Permits: Josh Timmers for permission to set up a table on September 14 and 15, 1995, for the purpose of distributing information regarding the campaign to organize graduate students, approved. Rebecca Thomas for permission to set up a table on September 23 and 29, 1995, for the purpose of distributing information regarding her church, approved. Applications for Use of Streets and Public Grounds: Downtown Association for the use of public sidewalks for Sidewalk Days, September 21 - 24, 1995, approved. Frank Howard for the use of William Street between Bradford and Wayne, on September 16, 1995, for a block party, approved. Regina High School for the use of public streets for the Regina Homecoming Parade on September 22, 1995, approved, Council Activities September 26, 1995 Page 2 revised 10/10/95 Jean Lloyd-Jones for the use of Gould Street on October 8 1995, for a block party, approved. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Derek Maurer, 328 S. Governor, Board Member of Public Access Television (PATV) updated Council on events and activities at Public Access and reminded citizens of the Annual Meeting and election to the Board scheduled for November 17, 7:00 p.m., Room A of the Public Library. Dick Hupfeld, 3 Mt. Vernon Ct., appeared regarding inconsistencies of rental inspections and the scope of the Service Quality Committee for Housing Code Enforcement. Todd Janus, 2302 Abbey Lane, stated he did not leave in protest after the vote on Mormon Trek Village, as reported in the Press Citizen. A public hearing was held on an ordinance amending the Zoning Chapter by changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 flora ID-RS, Interim Development Single-Family Residential, to RM- 12, Low Density, Multi-Family Residential (Outlot A - Whispering Meadows). Atty. Chuck Mullen, representing CB Development, presented a signed conditional zoning agreement and thanked City Attorney Woito in helping getting this matter resolved, Moved by Novick, seconded by Pigott, to continue the public hearing to October 10, 1995. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Throgmorton, seconded by Pigott, that the ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon '[rek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay (Mormon Trek Village), be given second vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present, The Mayor declared the motion carried. Moved by Pigott, seconded by Novick, tha. t the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3693, Bk. 38, p. 30, AMENDING CITY CODE TITLE 14, CHAPTER 6, ARTICLE V, "MINOR MODIFICATION PROCEDURES," TO ALLOW PARKING FOR PERSONS WITH DISABILITIES IN THE FRONT YARD OF A COMMERCIAL ZONE EVEN WHEN LOCATED ADJACENT TO A RESIDENTIAL ZONE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Kubby, that the ordinance be finally adopted at this time, Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Baker, seconded by Pigott, to adopt RES. 95-284, Bko 114, p. 284, APPROVING THE PRELIMINARY AND FINAL PLAT OF DONOHOE FOURTH SUBDIVISION, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Throgmorton, to defer to October 10, 1995, a resolution approving the final plat of Kennedy's Waterfront Addition, Part Three, a 31.23 acre, 11-lot commercial subdivision located south of Highway 1 between Gilbert Street and the Iowa River, The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held on plans, specifications, form of contract and estimate of cost for construction of the Iowa City Sanitary Landfill FY91 cover and FY96 cell construction project. No one appeared. Council Activities September 26, 1995 Page 3 Moved by Novick, seconded by Lehman, to adopt RES. 95-285, Bk. 114, p. 285, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending the City Code Title 2, Human Rights Ordinance, Chapter 2, Section 2-2-2, and 2-1-1 (J). The following individuals appeared: Alison Ames Galstad, Chair Human Rights Commission; Brett Beemyn; Josh Kronick; Dawn Atkins, 1014 Hudson; Cindy Burke, 625 S. Dodge; Lyone Fein, 605 E. Burlington; and Richard Shannon, 430 E. Bloomington. Moved by Kubby, seconded by Throgmorton, to accept correspondence from: Study Group members from the United Church of Christ; Brett Beemyn. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held on the conveyance of a twenty-foot wide, vacated portion of alley right of way located east of Gilbert Court, immediately south of the Iowa Interstate Railway and immediately north of Lot 4 of Block 3, Lyon's Addition, to Bernard and Joanna Milder. No one appeared. Moved by Lehman, seconded by Novick, to adopt RES. 95-286, Bk. 114, p. 286, AUTHORIZING CONVEYANCE OF A TWENTY-FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF GILBERT COURT, IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILWAY AND IMMEDIATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION, TO BERNARD AND JOANNA MILDER. Affirmative roll call vote unanimous, 6~0, Baker absent. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Riverfront & Natural Areas Comm. - Two vacancies for three-year terms ending December 1, 1998. These appointments. will be made at the October 10, 1995, meeting of the City Council. St. Center Comm. - Two vacancies for three-year terms ending December 31,1998. These appointments will be made at the October 24, 1995, meeting of the City Council. The Mayor noted the current vacancies: Bd. of Appeals - One vacancy for a licensed electrician for a five-year term ending December 31, 2000. Design Review Comm, - Two vacancies for unexpired terms ending July 1, 1997. Human Rights Comm, - Three vacancies for three-year terms ending January 1, 1999. P&R Cornre. - Two vacancies for four-year terms ending January 1, 2000. P&Z Comm. - One vacancy for an unexpired term ending May 1, 1996, plus a five-year term ending May 1, 2001. These appointments will be made at the November 7, 1995, meeting of the City Council. Moved by Kubby, seconded by Throgmorton, to appoint Ruedi Kuenzli, 705 S. Summit St., to the Historic Preservation Commission to fill one vacancy for a Summit Street representative for an unexpired term ending March 29, 1998. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Council Member Lehman complimented staff for working out the agreement with CB Development, and encouraged staff and interested citizens work together on housing inspection issues raised by Dick Hupfeld during public discussion. Individual Council Members expressed their views on the membership and direction of the Service Quality Committee on Housing Code Enforcement. The City Manager will follow-up on renter representation on the Task Force. Council Member Kubby questioned the procedure for hearing additional comments form the Human Rights Commission and voting on the proposed changes to the Human Rights Ordinance in light of the fact the public hearing was closed (agenda item//8). City Arty. Woito stated another public hearing could be held the same evening as a vote on the Council Activities September 26, 1995 Page 4 ordinance if Council wished. Kubby reminded citizens of the upcoming Hospice Road Races scheduled October 29, noting she would be running for the Free Medical Clinic and Council Member Pigott for the Emma Goldman Clinic; and the City/West football game scheduled September 29. Council Member Novick raised concerns regarding the proposal from Gould Evans Associates for trees in the middle of Burlington Street, She reminded citizens of a city council candidate forum October 3. Council Member Throgmorton noted a special Council meeting scheduled Saturday morning, September 30, on affordable housing. Council Member Baker noted the recent acquisition of an electric bus in Cedar Rapids. Mayor Horowitz announced a special sesquicentennial event planned for September 28 at Terrill Mill Park re-enacting the stagecoach bringing mail to Iowa City. She reported that the Corps of Engineers informed her that the Coralville Dam study would be 100 percent federally funded, and the State would fund the feasibility study which was the portion the City was previously asked to fund. The Mayor asked Council Members to contact Congressman Leach, prior to a House vote, supporting the University modeling study. City Attorney Woito announced her daughter, Andrea Woito, was displaying her art as part of the Gallery Walk, a fund raiser for Domestic Violence Project. The exhibit will be at Iowa State Bank and Trust Bank and a reception is planned for October 6. Moved by Novick, seconded by Kubby, to adopt RES. 95-287, Bk. 114, p. 287, ACKNOWLEDGING THE CONVICTION OF SINCLAIR RETAIL FOR SALES OF ALCOHOLIC BEVERAGES TO PERSONS UNDER THE LEGAL DRINKING AGE, AND IMPOSING A ~300.00 CIVIL PENALTY TO BE PAID TO IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Baker, to adopt RES. 95-288, Bk. 114, p. 288, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR USE OF CITY STREETS AS A DETOUR (I-80/I-380/Melrose Avenue). City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 6~0, Kubby absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, to adopt RES. 95-289, Bk. 114, p. 289, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY OF CEDAR RAPIDS TO PROVIDE ENGINEERING CONSUL- TANT SERVICES FOR THE FIRST AVENUE IMPROVEMENTS PROJECT. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Throgmorton, seconded by Kubby, to adopt RES. 95-290, Bk, 114, p. 290, ESTABLISHING A POLICY ON DESIGNING, MODIFYING AND MAINTAINING PUBLIC STREETS TO FACILITATE BICYCLE USAGE. Individual Council Members expressed their views. 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 Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," Section 3, "Historic Preservation Commission," by increasing the required number of at large appointments to the Historic Preservation Commission, and by amending the provisions for filling vacated, unexpired terms, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Lehman, seconded by Baker, that the ordinance amending City Code Title 9, Chapter 1, entitled "Motor Vehicles and Traffic," Article 7, entitled "Toy Vehicles," be given first vote for consideration. Individual Council Members expressed their views. The Council Activities September 26, 1995 Page 5 Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Horowitz, Lehman, Novick, Pigott, Baker. Nays: Kubby, Throgmorton. Absent: None. Moved by Throgmorton, seconded by Lehman, to adjourn 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Susan M. Horowitz, Mayor Madan K. Karr, City Clerk