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HomeMy WebLinkAbout1995-11-21 Minutes numberedSubject 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 NOVEMBER 21, 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: Arkins, Helling, Woito, Karr, Franklin, Yucuis, Milkman, Schoon, Davidson, Boothroy. Council_minutes tape recorded on Tapes 95- 132, Side 2; 95-134 & 95-135, Both Sides. Mayor Horowitz and Mayor Axeen of Coralville, co-presented a proclamation - West High Trojans Football Team Recognition Day - November 21, 1995, in recognition of their 1995 Class 4A State Football Championship. Coach Morgan, Athletic Director Riley, and captains Ben Worley, Carlos Honore, Ryan Hansen and Tony Beminio accepted. The Mayor presented Citizenship Awards to students from Lincoln Elementary School: Laura Britigan, Matt Clancy, Chris Jensen, Martha Kienzle. The Mayor presented the Department of Finance the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending June 30, 1994. Finance Director Yucuis accepted. The Mayor proclaimed Family Week - November 19-25, 1995. Matt Bailey, Church of the Latter Day Saints accepted.; Pass the Buck - Shop Local Month - December 1995; World AIDS Day- December 1, 1995. 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 Official Council Actions of the special meeting of November 6, 1995, and of the regular meeting of November 7, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Library Trustees meeting of Odtober 26, 1995; Airport Comm. meeting of October 12, 1 995; P&Z Comm. meeting of November 2, 1995; Animal Control Advisory Bd. meeting of May 18, 1995, July 20, 1995, September 21, 1995; Historic Preservation Comm. meeting of October 10, 1995. Permit Motions: Approving a Special Class "C" Liquor License for India Care II, 227 E. Washington St, Approving a Special Class "C" Liquor License for Country Kitchen of Iowa City, 1402 Gilbert Street. Approving a Class "C" Liquor License for The Sanctuary Restaurant, 405 S. Gilbert St. Approving a Class "C" Liquor License for The Ground Round, 830 S. Riverside Dr. Approving a Special Class "C" Liquor License for Pagliai's Pizza, 302 E. Bloomington St. Approving a Class "B" Beer Permit for Duds__,~q_~ 'n Suds, 5 Sturgis Drive. Approving a Class "B" Beer Permit for Pizza Hut #402005, 1921 Keokuk Street. Approving a Class "B" Beer Permit for Pizza Plus, 1950 Lower Muscatine Road. Setting Public Hearings: RES. 95-326, Bk. 114, p. 326, SETTING A PUBLIC HEARING for December 5, 1995 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY,ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 95-327, Bk. 114, P. 327, SETTING A PUBLIC HEARING on December 5, 1995, ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY UTILITIES TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE WATER USE AND SERVICE, AND WASTEWATER TREATMENT WORKS USER CHARGES. RES. 95-328, Bk. 114, p. 328, FIXING A DATE FOR A MEETING on_~ L/~/~ December 5, 1995, ON THE PROPOSITION OF THE ISSUANCE OF $6,200,000 WATER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICA- TION OF NOTICE THEREOF. RES. 95-329, Bk. 114, p. 329, FIXING A DATE FOR A Council Activities November 21, 1995 Page 2 MEETING on December 5, 1995, ON THE PROPOSITION OF THE ISSUANCE OF $28,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION NOTICE THEREOF. Setting a public hearing for December 5, 1 995, to ,-~/~' discuss the FY1995 Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report. Setting a public hearing for December 5, 1995, for public --'~/~/? comment on the priorities and strategies identified within the City's Consolidated plan (a.k.a. City Steps)for FY1995-FY2000. Motions: Approve disbursements in the amount of $6,957,009.05 for the period of October 1 through October 31, 1995, as recommended by the Finance Director subject to .audit. Resolutions, Bk. 114: RES. 95-330, p. 330, ACCEPTING THE WORK FOR THE EMERGENCY FLUE REPAIR SERVICES FOR THE IOWA CITY SENIOR CENTER. RES. 95-331, p. 331, ACCEPTING THE WORK FOR THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT. RES. 95-332, p. 332, AUTHORIZING EXECUTION OF A CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT IKC~9166) BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT. Correspondence: John Castelloe regarding rollerblading. Memoranda from the Traffic Engineer: additional handicap parking in the 200 block of E. Washington Street; change in weight limit on the WooIf Avenue Bridge; change in weight limit on the Melrose Avenue Bridge. .3 ~.~"7 Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Council Member Elect Dean Thornberry, 1202 Oakes Dr., complimented outgoing Council Member Pigott on his fair and honest campaign. Brian Holm, 4090 Kitty Lee Rd., ,-~'-/-~ appeared regarding item//22 on Council's agenda concerning toy vehicles, and encouraged the continued use of the Chauncey Swan parking facility for hockey playing after hours. Moved by Pigott, seconded by Novick, to set a public hearing for December 5 on an ordinance amending the Zoning Chapter by repealing Title 14, Chapter 6, Article J, Section 1, River Corridor Overlay Zone. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Throgmorton, seconded by Lehman, to set a public hearing for December 5 on an ordinance amending Title 14, Chapter 5, Building and Housing, Article H, Site Plan Review, to include a reference to the Sensitive Areas Site Plan. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Lehman, seconded by Pigott, to set a public hearing for December 5 on an ordinance amending Title 1 4, Chapter 5, Building and Housing, Article I, Grading Ordinance, to make it consistent with the Sensitive Areas Ordinance. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Kubby, seconded by Throgmorton, to set a public hearing for December 5 .'~L/~,~ on an ordinance amending Title 6, Public Health and Safety, Chapter 3, Weed Control, Section 3, Natural Areas, to make it consistent with the Sensitive Areas Ordinance. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Kubby, seconded by Lehman, to set a public hearing for December ,~ on an ordinance amending the Zomng Chapter to change the separation requirements for aboveground storage tanks. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Baker, seconded by Pigott, to set a public hearing for December 5 on an ordinance amending the Zoning Chapter to clarify the definition of time/temperature signs. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Council Activities November 21, 1995 Page 3 A public hearing was held on an ordinance amending the Zoning Chapter to allow adult day care, elder family homes, and elder group homes under certain conditions in Iowa City, and to change the definition of elderly. PCD Director Franklin present for discussion. Moved by Kubby, seconded by Throgmorton, to continue the public hearing to December 5. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held on an ordinance amending .the Zoning Chapter to require bicycle parking for commercial and multi-family residential development. The following individuals appeared: Gregory Kovaciny, 521 Clark, bicycle advocacy director of Bicyclist of Iowa City, member of JCCOG Regional Trails and Bicycling Committee, member JCCOG Transportation Technical Advisory Committee, and the primary author of JCCOG RTBC- JCCOG Urbanized Area Bicycle Plan; Del Holland, 1039 E. College; Richard "Sandy" Rhodes, 2014 Rochester Ave.; and Ed Barker. Moved by Kubby, seconded by Lehman, to continue the public hearing to December 5. 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 of an approximate 5.7 acre tract of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family Residential, to OPDHo8, Planned Development Housing Overlay (Saratoga Springs). The following individuals appeared: Bob Burns, 319 E. Washington, architect and applicant; Jerry Zinn, 150 Oberlin, President of Habitat for Humanity; Charlie Eastham, 1152 E. Court; President of the Greater Iowa City Fellowship; Linda Murray, 2128 S. Riverside Dr., Chair of the Housing and Community Development Commission; Mary Losch, 1252 Oakes Dr., representing the neighbors; Mary Ann Dennis, PO Box 1402, Adm. for the Greater Iowa City Housing Fellowship; and David Curry, 1333 Bristol Dr. PCD Director Franklin present for discussion. Moved by Kubby, seconded by Pigott, to accept correspondence from: Dubuque Road Neighbors; M. T. Gordon; Richard Donohue; James Kessler. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Kubby, seconded by Throgmorton, to continue the public hearing to November 27 and consult with Planning and Zoning Corem. regarding dealing only with rezoning of the Hitchcock property and appropriate conditional zoning agreement; and set special formal meetings for November 27 and 28 ~or consideration of the ordinance. The Mayor declared the motion carried unanimous- ly, 7~0, ali Council Members present. Moved by Kubby, seconded by Throgmorton, that the 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, be given second vote for consideration. Moved by Throgmorton, seconded by Novick, to amend the ordinance to incorporate the changes recommended by Larry Schnittjer and concurred by staff as distributed November 21. The Mayor declared the motion to amend carried unanimously, 7~0, all Council Members present. Affirmative roll call vote unanimous on second consideration as amended, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Lehman, to adopt RES. 95-333, Bk. 114, p. 333, FINAL PLAT APPROVAL OF KENNEDY'S WATERFRONT ADDITION, PART THREE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6~0, Throgmorton absent. The Mayor declared the resolution adopted. Council Member Kubby noted the Ed Cole was in the audience concerning development of his property and stated Councd just received a memo regarding his subdivision that evening. Moved by Baker, seconded by Pigott, to adopt RES. 95-334, Bk. 114, p. 334, APPROVING THE PRELIMINARY PLAT OF W.B. DEVELOPMENT, IOWA CITY, IOWA. Council Activities November 21, 1995 Page 4 Affirmative roll call vote unammous, 6/0, Throgmorton absent. The Mayor declared the resolution adopted. Council took a brief recess 10:00 p.m. and returned to open session 10:10 p.m. A public hearing was held on a resolution adopting the Near South Side Design Plan. Glen LeRoy, Gould Evans Associates, made a formal presentation. A public hearing was held on the conveyance of 1926 and 1946 Broadway, also described as Lot 2 of Block 2 of Braverman Center, Iowa City, Iowa, to Hawkeye Area Community Action Program (HACAP). No one appeared. Moved by Pigott, seconded by Novick, to adopt RES. 95-335, Bk. 114, p. 335, AUTHORIZING CONVEYANCE OF 1926 AND 1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2 OF BRAVERMAN CENTER, IOWA CITY, 10WA, TO HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) BY INSTALLMENT CONTRACT. After discussion, Council directed staff to contact HACAP regarding a contribution for fire protection. The City Manager will follow-up. Affirmative roll call vote unanimous, 6~0, Kubby abstaining. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Historic Preservation Comm. - One vacancy for a representative of the Moffitt Cottage Historic District for a three-year term ending March 29, 1999; P&R Comm. - One vacancy for an unexpired term ending January 1, 1999. These appointments will be made at The January 16, 1996, meeting of the City Council. Moved by Novick, seconded by Throgmorton, to appoint Kenneth E. Mobily, 1128 Hampton Ct., to the Senior Center Commission to fill one vacancy for a three-year term ending December 31, 1998. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Council Member Baker asked if the City was doing another leaf pick-up. The City Manager stated City crews would be working Friday and Saturday. Baker questioned whether door-to-door solicitation was legal. The City Attorney stated it was legal. Council Member Pigott asked Council consideration-of establishment of a Committee to do an overall strategic vision for the downtown in light of changes forthcoming with the Near South Side and proposed malls in Coralville. The Mayor will look at scheduling this matter prior to the end of the year. Council Member Throgmorton reported on the Downtown Association's annual event held November 17; a meeting of the City Federation of Labor in which the contract with America was discussed; PATV's annual Board meeting; and the City Employees Luncheon held November 17. Council Member Novick also noted the City employees luncheon and passed along comments received on revisions to the bus schedule to allow a 45 minute turn around rather than the present 30 minute. The City Manager will follow-up and stated recommendations were included in the upcoming budget. Mayor Horowitz reported on the Chamber of Commerce Business Awards Breakfast held November 1 5; her attendance at the Salvation Army Kettle Kickoff also on November 1 5; and outlined upcoming events scheduled for December 28 kicking off the Sesquicentennial celebration. The City Manager reported that the bid opening was held earlier in the day for the first major part of the wastewater and interceptor project and the low bid was $12.8 million. The Engineer's estimate was $18.2 million. The City Attorney reported on her attendance at the Iowa Municipal Attorney's Association meeting November 17. Moved by Kubby, seconded by Pigott, to adopt RES. 95-336, Bk. 114, p. 336, AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND DAVID BRAVERMAN 3q75 3'-/77 ' qgl 3qg7 qgq 3qTD Council Activities November 21, 1995 Page 5 revised 12/5/95 TRUST, AS CONTRACT VENDOR, DARYL WOODSON, D/B/A THE SANCTUARY RESTAU- RANT AND PUB, IN IOWA CITY, IOWA. 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 RES. 95-337, Bk. 114, p. 337, AUTHORIZING AND RATIFYING THE ACQUISITION OF BOTH PERMANENT AND TEMPO- RARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Novick, to adopt RES. 95-338, Bk. 114, p. 338, AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE HIGHLANDER AREA SANITARY SEWER, LiFT STATION, AND FORCE MAIN PROJECT. 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. 95-339, Bk. 114, p. 339,. AMENDING THE BUDGETED POSITIONS IN THE SANITATION DIVISION OF THE PUBLIC WORKS DEPARTMENT {add one Maintenance Worker II - Refuse). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, to defer to December 5, a resolution authorizing execution of an agreement to acquire property rights for the South River CorridorANastewater Treatment Connection project, ~n lieu of condemnation. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Novick, to adopt RES. 95-340, Bk. 114, p. 340, AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. Kubby requested Council schedule an executive session to discuss collective bargaining prior to the bargammg process. The Mayor wdl review the schedule. Afflrmatwe roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Throgmorton, that the rule requiring ordinance to be~. considered and voted on for final passage at two Council meetings pr~or to the meeting at which it is to be finally passed be suspended, the second considerat on and vote be waved, and that ORD. 95-3698, Bk. 38, p. 35, AMENDING TITLE III "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, BY AMENDING TITLE III, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "PUBL!C TRANSPORTATION," to estabhsh a charge for Bus'n Shop coupons of $.35, 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 Novick, seconded by Lehman, that the ordinance amending Title XlI, 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, 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 November 21, 1995 Page 6 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; Wendy Dameron, 48 Penfro Dr.; Brian Holm, 4090 Kitty Lee Rd.; and Dean Thornberry, 1202 Oakes Dr. Individual Council Members expressed their views. After discussion, moved by Kubby, seconded by Throgmo- rton, to defer the ordinance indefinitely. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Baker, Kubby, Pigott, Throgmortom Nays: Horowitz, Lehman, Novick. Absent: None. Moved by Lehman, seconded by Throgmorton, to adjourn 1,1:25 p.rn. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Susan M. Horowitz, .Mayor Marian K. Karr, City Clerk City of Iowa City MEMORANDUM DATE: TO: FROM: RE: November 9, 1995 City Council and Council Members Elect City Manager Material Sent to Council and Council Elect Only Copy of letter from Mayor Horowitz to Senators Harking and Grassley regarding. ~ 504 the Safe Drinking Water Act. Memoranda from the City Manager: a. Pending Development Issues b. Harlock-Weeber Area - Purchase of Jensen Property c. Day Off d. Upcoming Issues Memorandum from the Associate Planner regarding Grantee Performance Reports for 1993 and 1994. _~ 5o~ £ Memorandum from the Parking Manager regarding Chauncey Swan Ramp Enforcement. Memorandum and Woolf Avenue Bridge Inspection Report from the Assistant City Engineer. Letter from John Hayek regarding Glasgow v. City. Copy of letter from the Iowa City Road Races Director expressing appreciation for police assistance in changing race route as a result of the fire on Gilbert Street. Invitation from the Salvation Army for the Kettle Kick-Off on November 15, 1995, at 12:00 noon. Agenda for the November g, 1995, meeting of the Board of Supervisors. Hemo from Ctt? Clerk re~ardln~ ~e¥ised scheOle £o~ ~ematnder or year. Hemo from City Clerk regarding upcomin% workshops. Memo from City Atty. regarding Legal Opinion Request: Prevailing Wage Requirement ~n Iowa City's South River Corridor/Wastewater Treatment Connection ProJecy. City of iowa City MEMORANDUM DATE: TO: FROM: RE: November 14, 1995 City Council and City Council-Elect City Manager Material Mailed to Council and Council-Elect Only Memorandum from the Assistant Director of Planning and Community Development regarding Near Southside design plan. .~s/7_ Memoranda from the City Manager: a. Miscellaneous (Prairie vegetation along Rohret Road; Interceptor Sewers; Transit Rider Survey; Fire Department - Ride Along; October Building Permits Sam Doyle Complaint - Council Meeting of November 7 City of iowa City MEMORANDUM DATE: TO: FROM: RE: November 17, 1995 City Council City Manager Material in Information Packet Copy of letter from Council Member Novick to George Knorr regarding the Iowa City Airport. Memoranda from the City Manager: a. Property Tax Payment - Big 10 Ranking b. Prevailing Wage Rate - Wastewater Treatment Project Copy of letter from the City Manager to the Department of Natural Resources regarding NPDES permit schedule for wastewater improvements. Material from the Department o( Planning and Community Development: a. Memorandum regarding West High driveway b. Memorandum regarding alternate CDBG/HOME projects Ce for Melrose Avenue street and bridge reconstruction Memoranda from the City Attorney: a. Legal Opinion Request: Conflict of interest regarding city purchases from Iowa Book and Supply Company b. Partial litigation update c. Transmittal of check in the amount of $300; Sinclair Oil d. Preliminary research on more stringent mobile home landlord/ tenant local ordinance Memoranda from the City Clerk: a. Schedule for January meetings b. Council Work Session of November 6, 1995 Copy of letter to BRW, Inc., regarding recommended design alternative~ Memorandum from the Parking Manager regarding Chauncey Swan Ramp enforcement..~J~_ Copy of letter from the Iowa City Assessor to Gloria Dei Lutheran Church regarding payment in lieu of taxes. Minutes of the September 21, 1995, meeting of the PATV Board of Directors. Agendas for the November 14, 1995, formal and informal meetings of the Johnson County Board of Supervisors. Article: A Federal Groundwater Protection Program - Test the Limits Agenda for the 11/21/95 Informal & Formal meetings of the Board of Supervisors. .3 5.3 53 7 ,.:753 g_ ¥Y97 Human Service Agency Funding Requests. Investment Report FY ended 6/30/95. FY96 Comparison of Budget to Actual Revenues, Expenditures and cash posttion for three months ending 9/30/95. Memo from Senior mlanner reRmrding Ed Cole Subdiv~sion.