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HomeMy WebLinkAbout1995-10-24 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 24, 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. Staff members present: Arkins, Helling, Woito, Karr, Franklin, Miklo, Burnside, Shaffer, Schmadeke, Davidson, Gannon, Fosse. Council minutes tape recorded on Tapes 95-124, 95-125, and 95-126, Both Sides. The Mayor presented the Citizenship Awards to students of Helen Lemme Elementary School: Megan Fickel, Nathaniel Fisher, Allison Page, Tracy Vailga. The Mayor proclaimed Pornography Awareness Week October 29-November 5, 1995, Matt Bailey, Church of Latter Day Saints accepting. Scouting for Food Week - October 21-28, 1995, Pack 210 accepting. Moved by Throgmorton, 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 Council actions of the special meeting and the regular meet- ing of October 10, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. meeting of September 14, 1995; P&Z Corem. meeting of October 5, 1995; Historic Preservation Comm. meeting of September 19, 1995; Bd. of Library Trustees special meeting of September 19, 1995, September 28, 1995; Riverfront and Natural Areas Comm. special meeting of August 30, 1995, September 20, 1995; Housing and Community Development Comm. meeting of September 21, 1995. Permit Motions: Approving a Class "C" Liquor License for La Casa, Ltd., 1200 S. Gilbert Ct. Approving a Class "C" Liquor License for The Que, 211 Iowa Ave. Approving a Class "C" Beer Permit for Kirkwood 76 Mart, 300 Kirkwood Ave. Approv- ing a Class "B" Beer Permit for Godfather's Pizza, 207 E. Washington St. Approving a Class "B" Beer Permit for Godfather's Pizza, 531 Highway 1 W. Approving a Class "C" Beer Permit for Fareway Stores, Inc., 2530 Westwinds Dr. Approving a Class "E" Beer Permit for ExpresStop, 2545 N. Dodge St. Approving a Class "E" Beer Permit for QuikTrip //548, 955 Mormon Trek. RES. 95-300, Bk. 114, p. 300, ISSUE DANCING PERMIT. Motions: Approve disbursements in the amount of $12,424,182.84 for the period of September 1 through September 30, 1995, as recommended by the Finance Director subject to audit. Accept Abstract of Votes for the Iowa City Primary Election held on October 10, 1995. Resolutions, Bk. 114: RES. 95-301, p. 301, ACCEPTING THE WORK FOR THE FY95 ASPHALT RESURFACING PROJECT. RES. 95-302, p. 302, ACCEPTING THE WORK FOR THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2. RES. 95- 303, p. 303, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION FOR PROPERTY LOCATED AT 918 E. BLOOMINGTON STREET. RES. 95-304, p. 304, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OFALIEN FOR PROPERTY LOCATED AT 712 IOWA AVENUE, IOWA CITY, IOWA. RES. 95-305, p. 305, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 632 RENO STREET, IOWA CITY, IOWA. RES. 95-306, p. 306, AUTHORIZING THE MAYOR TO SIGN AND THE CITY Council Activities October 24, 1995 Page 2 CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 820 HUDSON AVENUE, IOWA CITY, IOWA. RES. 951307, p. 307, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1908 F STREET, IOWA CITY, IOWA. Correspondence: Wanda Evans regarding amendment to Human Rights Ordinance. Don Swanson, Mayor of University Heights, regarding the Melrose Project. Free Medical Clinic expressing appreciation for the Council's support. Nine residents of Ecumenical Towers regarding high temperatures in apartments. Memorandum from the Purchasing Division regarding notice of the purchase of equipment ~ five transit coaches. The following political subdivisions have been contacted: City of Coralville; Johnson County Board of _Sy~p~ervisors; Iowa City Community School District. .~-~t-~,~: Dick Hupfeld, President~'~'~'~ity Area Apartment Association regarding housing code enforcement activities. Robert Burns regarding Rezoning Application No. REZ95-0010 Saratoga Springs, Dubuque Rd. Applications for City Plaza Use Permits: Johnson County I-Club for the use of the fountain area for a Pep Rally on October 19, 1995, approved. Rebecca Thomas for permission to set up a table on October 20 and 27, 1995, for the purpose of distribut- ing literature regarding her church, approved. Domestic Violence Intervention Program for the use of the stage area on October 10, 1995, for the "Clothesline Project, approved. Application for the Use of Streets and Public Grounds: Cecile Kuenzli for the use of a portion of Seymour Street for the Longfellow Neighborhood Association meeting and potluck on October 15, 1995, approved. Affirmative roll call vote unanimous, 6~0, Baker absent. The Mayor declared the motion carried. Bruce Glasgow, 834 N. Johnson, appeared regarding the denial by the Bd. of Adjustment for a restaurant on Scott Court (Streit/MidTown). John Murphy, Downtown Association, read a letter from John Gross requesting a reduction of the Bus & Shop reimbursement rate. After discussion Council directed staff to lower the rate to $.35 for one year. Murphy thanked the Council for their help with the Friday Night Concert Series and acknowledged Steve Atkins, Dale Helling, Joyce Carroll, and Lorraine Saeger for helping with various permits throughout the year. Eric Neubauer, 1512 Burge Hall, and Neil Whitacre, appeared urging Council to not ban skateboarding in the downtown area. The City Attorney noted the item was scheduled later on the agenda. A public hearing was held 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. The following individuals appeared: Tom Scott, Sensitive Areas Committee and Chair of P & Z Commission, 419 E. Fairchild; Richard (Sandy) Rhodes, Sensitive Areas Committee, 2014 Rochester; William Knabe, Weeher Harlocke Neighborhood Assn., 1101 Weeher Circle; Larry Wilson, Riverfront & Natural Areas Commission, 308 Koser; John Moreland, Jr., Sensitive Areas Committee, 2602 Rochester; Carol Thompson, Technical Advisory Committee for P & Z Commission, 1116 Muscatine; Larry Schnittjer, MMS Consultants, 1917 S. Gilbert; Richard Hollis, 3351 Lower W. Branch Rd.; Jim Walters, 2511 Hw¥. 1 SW; George Starr, Sensitive Areas Committee and P & Z Commission, 830 Davenport. Moved by Kubby, seconded by Lehman, to continue the public hearing to November 7, 1995, with first consideration of the ordinance to be placed on the agenda at the same meeting. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Activities October 24, 1995 Page 3 Moved by Novick, seconded by Kubby, 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 Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential (Outlot A - Whispering Meadows), 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 Novick, seconded by Kubby, to defer to November 7, 1995, final plat approval of Kennedy's Waterfront Addition, Part Three. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Pigott, seconded by Novick, to adopt RES. 95-308, 8k. 114, p. 308, FINAL PLAT APPROVAL OF EAST HILL SUBDIVISION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6~0, Baker absent. The Mayor declared the resolution adopted. Moved by Throgmorton, seconded by Pigott, to defer to November 7, 1995, a resolution for approval of the preliminary and final plats of Windsor Ridge - Part Six, a resubdivision of Tract "A," Windsor Ridge - Part One, and Outlot "A," Windsor Ridge - Part Three. The Mayor declared the motion carried unanimously, 6~0, Baker absent. Moved by Pigott, seconded by Throgmorton, to combine a public hearing on a proposed Franchise Agreement between the City of Iowa City and Cablevision VII, Inc. and a public hearing on an ordinance amending Title Xll, entitled "Franchises" of the Code of Ordinances 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". The Mayor declared the motion carried unanimously, 7~0, all Council Members present. The following individuals appeared: Stephen Cree, 719 N. Johnson; Lori Riley, 2022 Davis; Betty McKray, Broadband Telecommu- nications Commission, 603 Brookland Park; Doug Aliaire, Chair of PATV, 233 Highland; Bob Soldofsky, 229 Lowell; Steve Wurtzler, Board of Directors PATV, 706 E. College; Barbara Black, Iowa City Public Library, 123 S. Linn; Susan Rogusky, Senior Center Volunteer Specialist; Vicky Grube, 117 Richards; Jim Larew; Joe Tye; Trey Stevens, former Broadband Telecommunications Commission; Steve Hoch, Broadband Telecommunications Commission, 830 Evergreen; and Rob Lewis. Asst. City Mgr. Helling, Asst. City Atty. Burnside and Cable Television Specialist Shaffer present for discussion. Moved by Kubby, seconded by Throgmorton, to accept correspondence from: Dale Bingham; Bob Welsh; Carol Spaziani, Bob Soldofsky and John McDonald; Rusty Martin; Linda Yanney; J.V. Martin; Criss Gilbert; Regenia Bailey. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held on the conveyance of two single-family ~esidential dwellings located at 3331 Dubuque Street and 3337 Dubuque Street, Iowa City, Iowa, by a sealed bidding process. No one appeared. Moved by Novick, seconded by Pigott, to adopt RES. 95-309, Bk. 114, p. 309, AUTHORIZING CONVEYANCE OF SINGLE FAMILY DWELLINGS, STREET ADDRESS OF 3331 DUBUQUE STREET AND/OR 3337 DUBUQUE STREET, IOWA CITY, IOWA, TO SUCCESSFUL BIDDERS DETERMINED AT THE BID OPENING OCTOBER 24, 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 Melrose Avenue Street and Bridge Reconstruction Project. The following individuals appeared: Michaelanne Widness, Melrose Avenu9 Neighborhood Assn., 629 Melrose; Gregg Geerdes, 3 Oak Park; George Haskell, 223 Lucon; Betty McKray, 603 Brook Park; D. N. McCIoskey, 320 Melrose; Nancy Dejmal, 223 Lucon; Shelton Stromquist, 316 Myrtle; Eric Anderson, 8 Arbury; Jack Widness, 629 Melrose; and Dick Gibson, Director of Planning & Administrative Services, University of Iowa. City Engr. Rick Fosse present for discussion. Moved by Pigott, seconded by Kubby, to accept Council Activities October 24, 1995 Page 4 correspondence from: Michaelanne Widness; Jack Widness. 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 Contract 1 of the Wastewater Treatment Connection Project, also known as the South River Corridor Interceptor and Relief Sewers Project. The following individuals appeared: Aleda Feuerbach, 5 Princeton; Arie Kroeze; and David Dawes, representing the Pepperwood Neighborhood Assn., 1055 Briar. PW Director Schmadeke present for discussion. Moved by Throgmorton, seconded by Baker, to adopt RES. 95~310, Bk. 114, p. 310, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONTRACT I OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS THE SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS 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. The Mayor noted the previously announced 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 Commission - 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. Moved by Kubby, seconded by Lehman, to appoint Philip Zell, 2126 Plaen View Dr., and to re-advertise the second vacancy to the Senior Center Commission for three-year terms ending December 31, 1998. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Council Member Lehman noted the 25th wedding anniversary of Mayor Horowitz and her husband Joel. Council Member Kubb¥ noted Council discussion the previous evening regarding the Robert Burns project (Saratoga Springs). In response to Kubby, the City Atty. suggested a motion be made concerning Saratoga Springs. Moved by Kubby, seconded by Novick, to send back to P & Z the ~etter from Robert Burns dated October 20, 1995, and ask that a recommendation be forwarded to Council as soon as possible on the Saratoga Spdngs project. Kubby reminded citizens of a meeting November 1 at SE Junior High concerning the location of a Hy-Vee store on the corner of Muscatine and First Avenue (former Eagle's site), noting Council Member Baker would be attending. Council Member Novick noted a meeting October 26 to discuss the possible Crandic Railroad transportation between Cedar Rapids and Iowa City. She also said a video will be shown on the government channel explaining the federal deficit and what it might take to balance the federal budget in the next 10-20 years, watch the newspapers for times. Council Member Throgmorton pointed out the letter from Dick Hupfeld and the Greater Iowa City Area Apartment Assn. and questioned scheduling a Council work session to discuss the items. The City Manager stated the letter had been referred to the Housing Code task force. Council Member Baker requested Council discuss scheduling a joint meeting with the University of Iowa Student Senate. Mayor Horowitz stated she had received a reply from incoming University of ~owa President Mary Sue Coleman saying she was looking forward to her arrival in Iowa City. She reminded everyone of the Hospice Road Races scheduled Sunday, and noted the Johnson County Heritage Museum would no longer be charging an admission fee. Council Activities October 24, 1995 Page 5 City Arty. Woito reminded Council she would be attending the Environmental Law Seminar. Moved by Kubby, seconded by Throgmorton, to accept a recommendation of the Housing and Community Development Commission that the budget amendment to the Supplemental CDBG Budget (Flood Allocation #2) be approved. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Novick, seconded by Baker, to defer indefinitely a resolution approving and authorizing execution of an agreement for the temporary use of the E. Washington Street right-of-way between the City of Iowa City and M.C. Ginsberg Jewelers, Inc. The Mayor declared the motion carried unanimously, 7101, all Council Members present. Moved by Throgmorton, seconded by Pigott, to adopt RES, 95-311, Bk. 114, p. 311, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION PROJECT to McAninch Construction for $1,132,764.00. 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. 95-312, Bk. 114, p. 312, AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1994 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT (A.K.A. FLOOD #2) PROGRAM BUDGET. 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. 95-31 3, Bk. 114, p. 313, ADOPTING THE CITY OF IOWA CITY COMPREHENSIVE HOUSING AFFORDABILITY STRATE- GY (CHAS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1994, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID REPORT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Novick, to adopt ORD. 95-3695, Bk. 38, p. 32, AMENDING TITLE 14, CHAPTER 4, "LAND CONTROL AND DEVELOPMENT," ARTICLE C, "HISTORIC PRESERVATION REGULATIONS," SECTION 3, "HISTORIC PRESERVATION COMMISSION," BY AMENDING THE MEMBERSHIP RULES OF THE HISTORIC PRESERVATION COMMISSION. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Lehman, seconded by Novick, to adopt RES. 95-314, Bk. 114, p. 314, AMENDING THE BY-LAWS OF THE IOWA CITY HISTORIC PRESERVATION COMMISSION BY AMENDING THE PROVISIONS FOR FILLING VACATED, UNEXPIRED TERMS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Baker, seconded by Novick, to adopt an ordinance amending City Code Title 9, Chapter 1, entitled "Motor Vehicles and Traffic," Article 7, entitled "Toy Vehicles." The following individuals appeared: Eric Neubauer, 1512 Burge Hall, and John Castelloe, 429 N. Gilbert, regarding his letter. After discussion, moved by Kubby, seconded by "rhrogmorton, to defer the ordinance to November 21, 1995. The Mayor declared the motion carried, 6/1, with Lehman voting "Nay." 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 second vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Council Activities October 24, 1995 Page 6 Moved by Throgmorton, seconded by Kubby, to adjourn 12:15 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Karr, City Clerk orowltz, Mayor Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceed- ings and claims is $ . Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 10/10/95 Iowa City City E~k~k., special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: Baker. 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 7:30 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/MARIAN K. KARR, ,(~ITY, (~LERK ~ Submitted for publication 10/18/95 Subject to change as finalized by the CiW Clerk, For a final official copy, contact the City Clerk's Office, 356-5040, The cost of publishing the following proceed- ings and claims is $ . Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 10/10/95 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, Pigott, Throgmorton. Absent: None. 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; Pastoral Care Week - October 23-29; World Food Day - October 16. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council actions of the regular meeting of September 26, as published, subject to corrections, as rec- ommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. meeting of September 13; P&Z Comm. meeting of September 21; Bd. of Adjustment meeting of September 13. Permit Motions: Class "C" Beer Permit for Millermart, Inc. 2303 Muscatine Ave. Class "C" Beer Permit for DellMart //1, 525 Hwy 1 West. Class "C" Beer Permit for Mini Mart, 731 S. Riverside Dr. RES. 95-291, ISSUE CIGARETTE PERMIT. Special Class C Liquor for Denan Thai, 21 Sturgis Corner Dr. Setting public hearings: Setting a public hearing for October 24 on the Melrose Avenue Street and Bridge Recon- struction Project. RES. 95-292, SETTING PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT AND ESTI- MATE OF COST FOR CONTRACT 1 SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT, DIRECT- ING THE CITY CLERK TO PUBLISH NO- TICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Setting a public hearing on October 2.4 to be held jointly with the Broadband Tale- Official Actions October 10, 1995 Page 2 communications Commission, on a pro- posed Franchise Agreement Between the City of Iowa City and Cablevision VII, Inc. Setting a public hearing on October 24 to be held jointly with the Broadband Tele- communications Commission, on an ordi- nance amending Title XII, Entitled "Fran- chises" of the Code of Ordinance of the City of Iowa Citv, to repeal Chapter 4 and to adopt a new Chapter 4 to be known as "Cable Televisio;1 Franchise Enabling Ordi- nance". Resolutions: RES. 95-293, AUTHO- RIZING 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, 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, APPROVING COMPREHEN- SIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) AMENDMENT //16 TO THE CONSOLIDATED ANNUAL CONTRI- BUTIONS CONTRACT KC-9166. RES. 95- 296, AUTHORIZING AND APPROVING AN AMENDMENTTO 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 improve- ment project. Thomas Summy regarding the request of Midtown Restaurant to locate near the Scott Boulevard and Court Street intersection. Miller/Orchard Neigh- borhood Association regarding affordable housing. Charles Traw, President of Li- brary Bd. of Trustees, regarding update on the Library expansion. Applications for City Plaza Use Per- mits: Iowa Socialist Workers Campaign for permission to set up a table on September 30 for the purpose of offering papers and pamphlets for donations, approved. The Mayor declared the motion carried. Terri Miller, Senior Center Commissioner, briefed Council on the activities of the Center. Joan Hart, 328 E. Jefferson St., appeared regarding the traffic flow in the 300 block of Official Actions October 10, 1995 Page 3 East Jefferson, requesting the alley be desig- nated one way. Moved and seconded to set a public hear- ing for October 24 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. The Mayor declared the motion carried. 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 Residen- tial. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 95- 3694, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 30 ACRES OF LAND LO- CATED WEST OF MORMON TREK BOULE- VARD AND SOUTH OF ROHRET ROAD FROM RS-5, LOW DENSITY SINGLE-FAMILY, TO OPDH-8, PLANNED DEVELOPMENT HOUSING OVERLAY. Moved and seconded to defer to October 24 a resolution for final plat approval of Kennedy's Waterfront Addition, Part three. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Charles Mullen, attorney for Southgate Devel- opment Co. The Mayor declared the motion carried. A public hearing was held on the City's Comprehensive Housing Affordability Strategy Annual Performance Report for Fiscal Year 1994. The Mayor noted the previously announced vacancies: St. 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. 8d. of Appeals - One vacancy for a Official Actions October 10, 1995 Page 4 licensed electrician for a five-year term ending December 31, 2000. Design Review Corem. - Two vacancies for unexpired terms ending July 1, 1997. Human Rights Comm. - Three vacan- cies 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 meeting of the City Council. Moved and seconded to re-appoint Richard Hoppin, 428 Lee St. and Jessica Neary, 715 N. Linn 83, 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. Moved and seconded to adopt RES. 95- 297. APPROVING A JOINT AGREEMENT OF COMMUNICATION AND COOPERATION WITH RESPECT TO ALLOCATION AND DIVISION OF PROPERTY TAXES FOR INDUSTRIAL NEW JOBS TRAINING PROGRAMS. Moved and seconded to adopt RES. 95- 298, AWARDING CONTRACT AND AUTHORIZ- ING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUC- TION OF A PRODUCTION WELL IN THE JOR- DAN AQUIFER AT THE WATER SUPPLY AND TREATMENT FACILITY SITE. Moved and seconded to consider a resolu- tion awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Ground Storage Reservoir Pump System Improvements. The Mayor de- clared the resolution defeated. Moved and seconded to adopt RES. 95- 299, INTENT TO CONVEY TWO SINGLE-FAMI- LY RESIDENTIAL DWELLINGS, STREET AD- DRESSOF 3331 DUBUQUE STREET AND 3337 DUBUQUE STREET, IOWA CITY, IOWA, BY A SEALED BIDDING PROCESS, AND SETTING A PUBLIC HEARING FOR OCTOBER 24, 1995. 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 second vote for consideration. The Mayor declared the motion carried. Official Actions October 10, 1995 Page 5 Moved and seconded that ordinance amending City Code Title 9, Chapter 1, entitled "Motor Vehicles and Traffic," Article 7, enti- tled "Toy Vehicles," be given second vote for consideration. Moved and seconded to amend the ordinance by deleting parking lots from the definition of roadway. The Mayor declared the motion defeated. Moved and seconded to defer second consideration of the ordinance to allow staff time to review the issue of where skate- boards, rollerblades and other toy vehicles are allowed. The Mayor declared the motion de- feated. The Mayor declared the motion on second consideration of the ordinance carried, with an understanding that staff review areas in which toy vehicles are permitted. Moved and seconded that the ordinance amending Title 2, "Human Rights," City Code, by amending the subpoena power of the Hu- man Rights Commission, by adding the defini- tion of Gender Identity, and by adding Gender Identity as a protected class, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to adjourn 8:50 p.m. The Mayor declared the motion carried. A more complete description of Council activities,is on file in the office of th~ City C le r k. )~,~,,c~g.~'~, s/SUSAN M. HOROWITZ, MAYO~ s/MARIAN K.. KARR, CI Y CL RK Submitted for publication 10/19/95 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 OCTOBER 10, 1995 Iowa City City g~e~l~, special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: Baker. Staff members present: Arkins, Helling, Woito, Karr, Holecek. Council minutes tape recorded on Tapes 95-121, Side 1. Moved by Pigott, seconded by Novick, 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, Baker absent. The Mayor declared the motion carried and adjourned into executive session 6:37 p.m. Council returned- to open session 7:28 p.m. Moved by Pigott, seconded by Kubby, to adjourn the special meeting 7:30 p.m. The Mayor declared the motion carried unanimously, 6/0, Baker absent. Susan M. Horowitz, Mayor Marian K. Kerr, CiW Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 10, 1995 Iowa City City Council, regular meeting, 7:30 p.m. atthe Civic Center. Mayor Horowitz presiding. Council Members present: Baker (7:38 p.m.), Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, 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 Careercon; 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 Comm. 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. Approvin~ 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 he~ring 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 I - 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 Telecommunications Commission, on an ordinance amending Title Xll, 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 #16TO 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 II. 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. St. 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 eastof 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 appoared. 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 ea~st 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 voze 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, Part 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 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. 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 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 St. 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 Atkins, 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. Brachtel 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 InfoVision. 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 FORTHE 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 Kubby, 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 Arty. 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 allowed. 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 IdentiW 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, 710, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk