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HomeMy WebLinkAbout1995-12-05 Minutes numberedSubject to change as finalized by the City Clerk. Clerk's Office, 356-5040. revised 12/19/95 For a final official copy, contact the City COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 5, 1995 Iowa City City Council, regular meeting, 7:30 p.m. Mayor Horowitz presiding. Council · Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Burnside, Karr, Franklin, Fosse, Schmadeke, Milkman, Yucuis, Moreno, Shaffer. Council tapes recorded on Tapes 95-140, Side 2; 95-143 & 95-144, Both Sides. The Mayor proclaimed Drunk and Drugged Driving Prevention Month- December 1995, and Lights on for Life Day - December 15, 1995, Deb Hamroes, Mecca, accepted. Mayor. Horowitz announced that the City had received an award from the National Safe Kids Campaign and Johnson County Safe Kid Coalition for outstanding local coalition. The project is led by the Iowa City Fire Department and Mercy Hospital. Moved by Lehman, seconded by Novick, to adopt the following items and recommen- dations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council actions of the special meetings of November 20, November 27, and November 28, 1995, and of the regular meeting of November 21, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. - September 18,__,~ 1995, October 19, 1995, November 20, 1995; Broadband Telecomm. Comm. meetin _~.~Z~ of October 30, 1995; Housing and Community Development Comm. meeting of_~ November 9, 1995; Bd. of Appeals meeting of July 10, 1995, August 10, 1995,_~ August 28, 1995; P&Z Comm. meeting of November 16, 1995. Permit Motions: Approving a Special Class "C" Liquor License for Pizza Hut__~ //402041, 127 Iowa Ave. Approving a Class "C" Liquor License for Gabe's, 330 Washington St. Approving an Outdoor Service Area for Gabe's, 330 E. Washington St. Approving a Class "E" Liquor License for Randali's Pantry, 1851 Lower Muscatine Rd. Approving a Class "E" Beer Permit for Randali's Pantry, 1851 Lower Muscatine Rd. Approving arefund for an unused portion of a Class "C" Beer Permit for Sinclair Retail //14005, 731 Riverside Dr. RES. 95-341, Bk. 114, p. 341, iSSUE DANCING PERMIT. Motions: Accepting Abstract of Votes for the Iowa City Election held on November 7, 1995. Resolutions, Bk. 114: RES. 95-342, p. 342, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCT- ING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORIC RESOURCES WITHIN A PORTION OF THE ORIGINAL TOWN PLAT. RES. 95-343, p. 343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1502 YEWELL STREET, IOWA CITY, IOWA. RES. 95-3,-I.4, p. 344, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1503 ROCHESTER AVENUE, IOWA CITY, IOWA. RES. 95-345, p. 345, AUTHORIZING. THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 619 DEARBORN STREET. RES. 95-346, p. 346, ACCEPTING THE WORK FOR THE SOUTH SITE SOCCER FIELD AND WASTEWA- TER PIPELINE GRADING PROJECT AND APPROVING THE SUPPLEMENTAL CON- TRACT FOR REMAINING FERTILIZATION. RES. 95-347, p. 347, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SANITARY SEWER EASEMENT AND A PORTION OF A STORMWATER MANAGEMENT EASEMENT LOCATED ON OUTLOT "A", WHISPERING MEADOWS SUBDIVISION, Council Activities December 5, 1995 Page 2 PART ONE, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A SUBSTITUTED SANITARY SEWER EASEMENT AGREEMENT FOR THE SAME PROPERTY. Setting Public Hearings: RES. 95-348, Bk. 114, p. 348, SETTING A PUBLIC HEARING for December 19, 1995 ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY UTILITIES TO CHANGE THE FEES, RATES AND CHARGES SECTION FOR LANDFILL USE FEES. RES. 95-349, Bk. 114, p. 349, SETTING A PUBLIC HEARING for December 19, 1995 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE, 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. Correspondence: Chair of the Broadband Telecommunications Commission regarding the franchise agreement. Museum Director of the Johnson County Historical Society requesting funding for the next fiscal year. Bob Elliot regarding City Council establishing priorities and addressing issues, policies and concepts. Applications for the Use of Streets: Downtown Association for the use of public streets for a holiday kick-off on December 2, 1995, approved. Application for City Plaza Use Permits: Delanie Jenkins for permission to set up a table for a bake sale to benefit lCARE on December 1, 1995, approved. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Charlie Eastham, President of the Greater Iowa City Housing Fellowship, presented a statement regarding the Saratoga Springs Housing Project and encouraged Council to work together in obtaining land for affordable housing. Moved by Pigott, seconded by Kubby, to accept correspondence from Robert Burns and Charlie Eastham. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Ed Barker, 6 Lime Kiln Lane, expressed appreciation to the following City departments: Police, Fire, Public Works, HIS, Library and Senior Center. Moved by Novick, seconded by Throgmorton, to set a public hearing for December 19 on an ordinance amending Title 14, Chapter 6, entitled "Zoning," to allow recycling processing facilities in the 1-1, General Industrial, zone and related amendments. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the applicant has requested expedited action. Moved by Novick, seconded by Pigott, to set a public hearing for December 19 on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," to reference the Parking Facility Impact Fee Ordinance in the off-street parking regulations section of the Zoning Chapter. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Pigott, seconded by Kubby, to adopt ORD. 95-3699, Bk. 38, p.36, AMEND- ING THE ZONING CHAPTER BY INCORPORATING A NEW SECTION 14-6k-1, ENTITLED "SENSITIVE AREAS ORDINANCE," TO REGULATE DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS IN IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on an ordinance amending the Zoning Chapter by repealing Title 14, Chapter 6, Article J, Section 1, River Corridor Overlay Zone. Harvey Wehde, presented a statement requesting deferral until further information is available. Moved by Kubby, seconded by Lehman, that the ordinance amending the Zoning Chapter by repealing title 1 4, Chapter 6, Article J, Section 1, River Corridor Overlay Zone, be Council Activities December 5, 1995 Page 3 given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held 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, No one appeared. Moved by Pigott, seconded by Novick, that the ordinance amending Title 14, Chapter ,~(~ 5, Building and Housing, Article H, Site Plan Review, to include a reference to the Sensitive Areas Site Plan, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present, The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 5, Building and 3(-o~ Housing, Article I, Grading Ordinance, to make it consistent with the Sensitive Areas Ordinance. No one appeared. Move by Throgmorton, seconded by Pigott, that the ordinance amending Title 14, Chapter 5, Building and Housing, Article I, Grading Ordinance, to make it consistent with the Sensitive Areas Ordinance, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held 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. No one appeared. Moved by Novick, seconded by Lehman, that the ordinance amending Title 6, Public ~U/. Health and Safety, Chapter 3, Weed Control, Section 3, Natural Areas, to make it consistent with the Sensitive Areas Ordinance, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled -.~ "Zoning," Article 5, entitled "Performance Standards," Section lOB, concerning the location of aboveground storage tanks, No one appeared. A public hearing was held on an ordinance amending the Zoning Chapter to clarify the definition of time/temperature signs. No one appeared. A public hearing was held on an ordinance amending the Zoning Chapter to allow adult ~L~-7 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 outlined two revisions requested by Council to permit up to 8 people in an elder family home and a provision to require certification of an elder group home. Moved by Kubby, seconded by Lehman, that the 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, be given first vote for consideration as amended. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried, A public hearing was held on an ordinance amending the Zoning Chapter to require bicycle parking for commercial and multi-family residential developments, PCD Director Franklin outlined the provision that allows the substitution of bicycle parking for one or two parking spaces as requested by Council, noting Council should clarify whether it should be required or allowed as an option and whether it should apply to commercial uses, multifamily uses, or both. Individual Council Members expressed their views. Moved by Pigott, seconded by Throgmorton, to accept correspondence from: Shelley Platther; Lynette Seigley; Dan Nidey, World of Bikes; William Gross; Barker Apartments. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The following individuals appeared: Feather Lacey; Bruce Glasgow, 834 N. Johnson; Ed Barker, 6 Lime Kiln Lane, representing the Greater Iowa City Apartment Assn.; Anna Buss, 525 W. Benton; Richard "Sandy" Rhodes, 2014 Rochester; Dean Thornberry; David Fitzgerald; Gloria Marchman, 1109 Tower Ct,; Greg Council Activities December 5, 1995 Page 4 Kovaciny, 521 Clark, Bicycle Advocacy Director, Bicyclists of Iowa City, member JCCOG Regional Trails and Bicvcling Committee, member JCCOG Transportation Technical Advisory Committee, and primary author JCCOG RTCB Urbanized Area Bicycle Plan; Shelley Plattner, 1305 Yewell St. After discussion Council agreed to amend the language to allow the option for substitution of a maximum of two parking spaces for bicycle parking in commercial zones. Moved by Kubby, seconded by Throgmorton, that the ordinance amending the Zoning ,~o,~ Chapter to require bicycle parking for commercial and multi-family residential developments, be given first vote for consideration as amended. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Novick, Pigott, Throgmorton, Horowitz. Nays: Baker. Absent: None. Moved by Novick, seconded by Throgmorton, to send a letter to the Johnson County -~--~ Board of Supervisors recommending approval of a requested rezoning of approximately 66 acres from RS, Suburban Residential, to M1, Light Industrial, for property located in Fringe Area 5 on the east side of Scott Boulevard, North of 420th St. SE (Streb). 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 1995. Community Development Coordinator Milkman present for discussion. A public hearing was held on amendments to the priorities strategies and goals of the ~ consolidated plan (City Steps) for FY1995-FY2000. No one appeared. Council took a brief recess. A public hearing was held on the proposed rate increase for water and wastewater ~--~ fees. The following individuals appeared: Ed Barker, 6 Lime Kiln Lane; Anna Buss, 525 W. Benton; and Dean Thornberry. Finance Director Yucuis present for discussion. Moved by Novick, seconded by Lehman, to continue the public hearing to December 19, 1995. The Mayor declared the motion carried, 5/2, with Kubby and Baker voting "Nay." After discussion, moved by Throgmorton, seconded by Pigott, to reconsider the previous vote to continue the public hearing to December 19. The Mayor declared the motion to reconsider carried, 4/3, with Horowitz, Novick, Lehman voting "Nay". Moved by Novick, seconded by Lehman, to continue the public hearing to December 19, 1995. The Mayor declared the motion defeated, 3~4, with Baker, Pigott, Throgmorton and Kubby voting "Nay". Moved by Kubby, seconded by Throgmorton, to continue the public hearing to January 16, 1996. The Mayor declared the motion carried, 5/2, with Lehman and Horowitz voting "Nay". A public hearing was held on the proposition of the issuance of $6,200,000 Water Revenue Bonds of Iowa City, Iowa. Finance Director Yucuis present for discussion. Moved by Kubby, seconded by Throgmorton, to adopt RES. 95-350, Bk. 114, p. 350, -~ ,.~ INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,200,000 WATER REVENUE BONDS. Dee W. Norton appeared. Affirmative roll ' call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the issuance of 828,000,000 Sewer Revenue Bonds of Iowa City, Iowa. No one appeared. Finance Director Yucuis present for discussion. Moved by Lehman, seconded by Throgmorton, to adopt RES. 95-351, Bk. 114, p. 351, _-.~-_~ ~' _ INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED 828,000,000 SEWER REVENUE BONDS. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of ground storage reservoir pump system improvements project. No one appeared. Council Activities December 5, 1995 Page 5 Moved by Kubby, seconded by Pigott, to adopt RES. 95-352, Bk. 114, p. 352, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS at 10:30 a,m. January 9, 1996, Affirmative roll call vote unanimous, 7/O, all Council Members present, The Mayor declared the resolution adopted. The Mayor noted the previously announced 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. Council Member Kubby noted a pledge made by Council during the last budget session to figure out a system of funding local festivals and the Convention and Visitors Bureau (CVB) funding and urged Council and the public to contact her regarding this as she would be meeting with CVB as an individual Council Member. Kubby pledged her best to promote better interaction both personally and politically with Council Members. Council Member Novick outlined activities scheduled for December 28 for the kick off of the Iowa Sesquicentennial celebration on the University of Iowa campus. Novick announced two public meetings at the Coralville Public Library scheduled for January 24 and February 28 sponsored by the League of Women Voters winding up their study on county government. Council Member Throgmorton announced he would be a guest on "News To Us" on December 6. Throgmorton encouraged all relevant organizations, especially women_.~(~_ organizations as a large number of lower income household in Iowa City are headed by women, to begin looking at the affordable housing issue and provide information to Council. Council Member Baker stated he would be representing the City at the Blood Donor Center ribbon cutting December 8. Baker outlined Council discussion the previous evening regarding the traffic signals on Melrose in front of West High and clarified his expectation that the School District assume some of the financial responsibility. He stated his reluctance to commit full City funding for that portion of the project. Mayor Horowitz reviewed her and Council Member Baker's attendance at the National League of Cities meeting. Horowitz acknowledged City staff, family, fellow Council Members and the citizens of Iowa City for allowing her to serve on Council the past eight years. Recommendations accepted as follows; Housing and Community Development~_~ Commission: (1)that $398,441 in FY95 and FY96 CDBGand HOME funds be allocated to the Greater Iowa City Housing Fellowship (GICHF)\Burns affordable rental housing project on Old Dubuque Road. (2) that the FY95 CDBG and HOME funds be reallocated to the Housing for Working Singles project if the GICHF\Burns project does not receive favorable Council action on the rezoning; Design Review Comm. regarding amendments to the Zoning Chapter clarifying the definition of time and temperature signs. Moved by Throgmorton, seconded by Pigott, to adopt RES. 95-353, Bk. 114, p. 353, ADOPTING THE NEAR SOUTHSIDE DESIGN PLAN. Affirmative roll call vote unanimous, 7~0, all Council Members. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Novick, to adopt RES. 95-354, Bk. 114, p. 354, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT 1 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS THE SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT to Park Council Activities December 5, 1995 Page 6 Construction Company for t~12,760,812.00. 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. 95-355, Bk. 114, p. 355, AUTHORIZING EXECUTION OF AN AGREEMENT TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH RIVER CORRIDOR WASTEWATER TREATMENT CONNECTION PROJECT, IN LIEU OF CONDEMNATION. 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 ORD. 95-3700, Bk. 38, p. 37, REPEALING CITY CODE TITLE 12, CHAPTER 4 ENTITLED BROADBAND TELECOMMUNICA- TIONS FRANCHISE, AND ADOPTING A NEW CHAPTER 4 IN PLACE THEREOF. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopied. Moved by Kubb¥, seconded bv Lehman, to adopt RES. 95-356, Bk. 114, p. 356, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND CABLEVISION VII, INC. TO OPERATE A CABLE TELEVISION SYSTEM IN IOWA CITY. 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 Throgmorton, to adjourn 11:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk cc1205.mln City of Iowa City MEMORANDUM DATE: TO: FROM: RE: December 1, lgg5 City Council City Ma6ager Material in Information Packet Memoranda from the City Manager: a. Urban Renewal Parcel - A Reminder b. Receipt of Gifts c. Annual Paper Contract d. Miscellaneous Memoranda from the City Engineer regarding Melrose Avenue Widening Project - Traffic Signals at West High School Drive. Memorandum from the Assistant Director of Planning and Community Development 3~ ~ and the City Engineer regarding proposed design of First Avenue reconstruction. Memorandum from the Director of Planning and Community Development regarding.~_~_ Neighborhood Commercial Zone. Memoranda from the City Clerk: a. Council Procedure b. City Council Work Session of November 20, 1995. Copy of letter from HyVee Food Stores, Inc., to Dan Dakins regarding the ~ proposed HyVee Store at First Avenue and Muscatine. Agenda and minutes for meeting of the Council on Disability Rights and ,~ Education. Agenda for the November 30~ 1995, meeting of the Johnson County Board of 3~Q, Supervisors. Cony of letter from Hayor to Board of Supervisors re~ardJng proposed fringe area agreement. Memo from PCD Director regarding Frinte Area Agreement. Agenda for the 12/5/95 Informal meetin~ of the Board of Supervisors. Memo from City !i~r., City Clerk and Finance Dir. re~arding Budget Review Schedule. Memo from Council Member Pi~ott regardin~ Downtown Strategy Group 9O