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HomeMy WebLinkAbout1995-12-05 Council minutesrevised 12/19/95 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 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, 1 995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. - September 18, 1 995, October 19, 1995, November 20, 1995; Broadband Telecomm. Comm. meeting 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 E. 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 Lowe~ Muscatine Rd. Approving a refund 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. 95-344, 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, IOWACITY, 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 ASANITARY SEWER EASEMENT AND A PORTION OF A STORMWATER MANAGEMENT EASEMENT LOCATED ON OUTLeT "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 ICARE 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 I-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 Pa~king 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 14, 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 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 presen;. 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 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 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, eider 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. Individua~ 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 Bicycling Committee, member JCCOG Transportation Technical Advisory Committee, and primary author JCCOG RTCB Urbanized Area Bicycle Plan; Shelley Platther, 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 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. DeeW. 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 $28,000,000 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 $28,000,000 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, 7~0, 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 Corem. - 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 outhned 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 Councd 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 CDBG and 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 'rhrogmorton, 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 912,760,812.00. 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. 9,5-355, 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, 710, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubb¥, seconded by 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. S/usan M. Horowitz, Mayor ~ rr, City Clerk cc1205.min 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 - 11/20/95 iowa City Citv Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby. Lehman, Novick, Pigott, Throgmorton. Absent: None. 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 bodv in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 7:15 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the of, rice of the City s/SOSAN M. HOROWITZ, MAYO~R ~ Submitted for publication 11/22/95 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clark's Office, 356-5040. The cost of publishing the following pro- ceedings and claims is $ . Cumula- tive cost for this calendar year for said publica- tion is $ OFFICIAL COUNCIL ACTIONS - 11/2 1195 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, P/gott, Throgmorton. Absent: None. Mayor Horowitz and Mayor Axeen of Coralville, co-presented a proclamation - West High Trojans Football Team Recognition Day - November 21, 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. The Mayor proclaimed Family Week - November 19-25. Matt Bailey, Church of the Latter Day Saints accepted; Pass the Buck - Shop Local Month - December; World AIDS Day - December 1. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the special meeting of November 6, and of the regular meeting of November 7, as published, subject to corrections, as rec- ommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Library Trustees meeting of October 26; Airport Comm. meeting of October 12; P&Z Corem. meeting of November 2; Animal Control Advisory 8d. meeting of May 18, July 20, September 21; Historic Preservation Comm. meeting of October 10. Permit Motions: Special Class "C" Liquor License for India Cafe II, 227 E. Washington St. Special Class "C" Liquor License for Country Kitchen of Iowa City, 1402 Gilbert Street. Class "C" Liquor License for The Sanctuary Restaurant, 405 S. Gilbert St. Class "C" Liquor License for Official Actions November 21, 1995 Page 2 The Ground Round, 830 S. Riverside Dr. Special Class "C" Liquor License for Pagliai's Pizza, 302 E. Bloomington St. Class "B" Beer Permit for Duds 'n Suds, 5 Sturgis Drive. Class "B" Beer Permit for Pizza Hut 8402005, 1921 Keokuk Street, Class "B" Beer Permit for Pizza Plus, 1950 Lower Muscatine Road. Setting Public Hearings: RES. 95- 326, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, 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, SETTING A PUBLIC HEARING 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 WA- TER USE AND SERVICE, AND WASTE- WATER TREATMENT WORKS USER CHARGES. RES. 95-328, FIXING A DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,200,000 WA- TER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICA- TION OF NOTICE THEREOF. RES. 95-329, FIXING A DATE FOR A MEETING 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, to discuss the FY1995 Comprehensive Hous- ing Affordability Strategy (CHAS) Annual Performance Report. Setting a public hear- ing for December 5, for public comment on the priorities and strategies identified within the City's Consolidated plan for FY1995-FY2000. Motions: Approve disbursements in the amount of $6,957,009.05 for the period of October 1 through October 31, as recommended by the Finance Director subject to audit. Resolutions, RES. 95-330, ACCEPT- ING THE WORK FOR THE EMERGENCY FLUE REPAIR SERVICES FOR THE IOWA CITY SENIOR CENTER. RES. 95-331, Official Actions November 21, 1995 Page 3 ACCEPTING THE WORK FOR THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT. RES. 95-332, AUTHORIZING EXECUTION OF A CONSOLIDATED ANNU- AL CONTRIBUTIONS CONTRACT (KC- 9166) BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 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. The Mayor declared the motion carried. Council Member Elect Dean Thornberry, 1202 Oakes Dr., complimented outgoing Coun- cil Member Pigott on his fair and honest cam- paign. Brian Holm, 4090 Kitty Lee Rd., ap- peared 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 and seconded to set a public hear- ing 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. Moved and seconded to set a public hear- ing for December 5 on an ordinance amending Title 14, Chapter 5, Building and Housing. Article H, Site Plan Review, to include a refer- ence to the Sensitive Areas Site Plan. The Mayor declared the motion carried. Moved and seconded to set a public hear- ing for December 5 on an ordinance amending Title 14, Chapter 5, Building end Housing, Article I, Grading Ordinance, to make it consis- tent with the Sensitive Areas Ordinance. The Mayor declared the motion carried. Moved and seconded to set a public hear- ing for December ,5 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. Moved and seconded to set a public hear- ing for December § on an ordinance amending the Zoning Chapter to change the separation requirements for aboveground storage tanks. The Mayor declared the motion carried. Official Actions November 21, 1995 Page 4 Moved and seconded to set a public hear- ing for December 5 on an ordinance amending the Zoning Chapter to clarify the definition of time/temperature signs. The Mayor declared the motion carried. 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. Moved and seconded to continue the public hearing to December 5. 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 resi- dential development. The following individuals appeared: Gregory Kovaciny, 521 Clark, bicycle advocacy director of Ricyclist of Iowa City, member of JCCOG Regional Trails and Bicy- cling Committee. member JCCOG Transporta- tion Technical Advisory Committee, and the primary author of JCCOG RTBC-JCCOG Urban- ized Area Bicycle Plan; Del Holland, 1039 F. College; Richard "Sandy" Rhodes, 2014 Roch- ester Ave.; and Ed Barker. Moved and second- ed to continue the public hearing to December 5. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Zoning Chapter by conditionalIv 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 OPDH-8, Planned Development Housing Over- lay. The following individuals appeared: Bob Burns, 319 E. Washington, architect and appli- cant; 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; Mar,/ Losch, 1252 Oakes Dr., representing the neighbors; Mary Ann Dennis, PO Box 1402, Adm. for the Great- er Iowa City Housing Fellowship; and David Curry, 1333 Bristol Dr. Moved and seconded to accept correspondence from: Dubuque Road Neighbors; M. T. Gordon; Richard Donohue; James Kessler. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to November 27 and consult with Planning and Zoning Comm. regarding dealing only with rezoning of the Hitchcock property and appropriate conditional zoning Official Actions November 21, 1995 Page 5 agreement; and set special formal meetings for November 27 and 28 for consideration of the ordinance. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the Zoning Chapter by adopting a Sensitive Areas Ordinance to regulate develop- ment 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 and seconded to amend the ordinance to incor- porate the changes recommended by Larry Schnittjer and concurred by staff as distributed November 21. The Mayor declared the motion to amend carried. The Mayor declared the motion carried on second consideration. Moved and seconded to adopt RES. 95- 333, FINAL PLAT APPROVAL OF KENNEDY'S WATERFRONT ADDITION, PART THREE, IOWA CITY, 10WA. Moved and seconded to adopt RES. 95- 334, APPROVING THE PRELIMINARY PLAT OF W.B. DEVELOPMENT, IOWA CITY, IOWA. A public hearing was held on a resolution adopting the Near South Side Design Plan. Glen LeRoy, Gould Evans Associates, mede a formal presentation. A public hearing was held on the convey- ance of 1926 and 1946 Broadwav, also de- scribed as Lot 2 of Block 2 of Braverman Center, Iowa City, Iowa, to Hawkeye Area Community Action Program. Moved and seconded to adopt RES. 95- 335, AUTHORIZING 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) BY INSTALLMENT CONTRACT. 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 unex- pired term ending January 1, 1999. These appointments will be made at The January 16 meeting of the City Council. Moved and seconded 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. Official Actions November 21, 1995 Page 6 Moved and seconded to adopt RES. 95- 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 TRUST, AS CONTRACT VEN- DOR, DARYL WOODSON, D/B/A THE SANCTU- ARY RESTAURANT AND PUB, IN IOWA CITY, IOWA. Moved and seconded to adopt RES. 95- 337, AUTHORIZING AND RATIFYING THE ACQUISITION OF BOTH PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. Moved end seconded to adopt RES. 95- 338, AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUC- ']'ION EASEMENTS FOR THE CONSTRUCTION OF THE HIGHLANDER AREA SANITARY SEW- ER, LIFT STATION, AND FORCE MAIN PRO- JECT. Moved and seconded to adopt RES. 95- 339, AMENDING THE BUDGETED POSITIONS IN THE SANITATION DIVISION OF THE PUBLIC WORKS DEPARTMENT. Moved and seconded to defer to December 5 a resolution authorizing execution of an agreement to acquire property rights for the South River Corridor/Wastewater Treatment Connection project, in lieu of condemnation. The Mayor declared the motion carried. Moved and seconded to adopt RES. 95- 340, AUTHORIZING JOINT AGREEMENT BE- TWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGO- TIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. Moved and seconded that the rule requir- ing ordinance to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3698, AMENDING TITLE III "CITY FINANCES, TAXA- TION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, BY AMEND- ING TITLE III, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "PUBLIC TRANSPOR- TATION," to establish a charge for Bus'n Shop coupons of $.35, be voted on for final passage at this time, The Mayor declared the motion revised 12/5/95 Official Actions November 21, 1995 Page 7 carried. Moved and seconded that the ordi- nance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded that the ordinance amending Title XII, 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. The Mayor declared the motion carried. Moved and seconded to adopt an ordi- nance amending City Code Title 9, Chapter 1, entitled "Motor Vehicles and Traffic," Article 7, entitled "Toy Vehicles." The following individu- als appeared: Eric Neubauer, 1512 Burge; Wendy Damarch, 48 Penfro Dr.; Brian Holm, 4090 Kitty Lee Rd.; and Dean Thornberry, 1 202 Oakes Dr. Moved and seconded to defer the ordinance indefinitely. The Mayor declared the motion to defer carried. Moved and seconded to adjourn 11:25 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk and the Finance Department. s/SUSAN M. HOROWITZ, MAYOR s/MARIAN K. KARR, CiTY CLERK Submitted !or publication 11/30/9,5. .,_,/ Official Actions November 21, 1995 Page 7 els Wendy 4090 1202 the c the motion Moved and p.m. The Mayor A more activities is o~ and the Fin~ s/SU.~ s/MARl/ carried. Moved and seconded that the ordi- nance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded ,t, hat the,,,~ance amending Title XI', entitled Franc~rsed,~of the Code of Ordinances of the City of[Iowa City, to repeal chapter 4 a,nd to adopt a new Chapter l~,to be known as Cable Television Franchise Eh~bling Ordinance, be given second vote fo,,r/ consideration. The Mayor declared the motion carrib~d. M~ and seconded to adopt a~' ordi- nancei ing City Code Title 9, C,~apter 1, entitled 3r Vehicle,,,, and Traffic)?' Article 7, entitled Vehicles. The follo~¥ing individu- Eric Neubauer,' 1512 Burge; ~ron, 48 Penfro Dr.; Brian Holm, Rd.; and Dean Thornberry, a. nd secondod to defer The Mayor declared ~ried. to adjourn 11:25 ~d the motion carried. lescription of Council in the :ice of the City Clerk M. HC MAYOR CITY for publication 11/30 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 - 11/27/95 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. A public hearing was held on an ordinance amending the Zoning Chapter by conditionally changing the use regulations of an approximate 2.0 acre tract of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay. Planning and Zoning Comm. Members present for a consult with Council on the matter. The following individuals appeared: Liz Swenson, 829 Kirkwood; Mary Losch, 1252 Oakes Dr.; Bob Burns, 319 E. Washington St.; Ben Moore, 25 Edgewood Circle. Moved and seconded that an ordinance amending the Zoning Chapter by changing the use regulations of an approximate 2.O acre tract of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family residential, to OPDH-8, Planned Development Housing Overlay. The Mayor declared the ordinance defeated. Moved and seconded to adjourn 7:40 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk. s/SUSAN M. HOROWITZ, MAYOR s/MARIAN K. KARR, CITY CLERK Submitted for publicat!on 11/~9/95 ~ 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 ACTOINS - 11/28/95 iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. The Mayor announced this special meeting had been scheduled for second consideration of an ordinance amending the Zoning Chapter by changing the use regulations of an approximate 2.0 acre tract of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family residential, to OPDH-8, Planned Development Housing Overlay, but first consideration of the ordinance failed the previous evening. The Mayor opened the formal meeting up for public discussion of the matter. The following individuals appeared: Applicant Bob Burns, 319 E. Washington and Atty. Steve Ballard, representing Mr. Burns. After discussion Council agreed not to reconsider the matter. Moved and seconded to adjourn 7:05 p.m. The Mayor declared the motion carried. A more complete description of Council activities is~ on file in the office of the City Clerk._/~/-~D~ .'~ S/.~USAN M. HORDWIYZ, MAYOR s/MARIAN K. KARR, CITY CLERK Submitted for publication 11/30/95 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 NOVEMBER 20, 1995 Iowa City City Council, special meeting, 6:30 p.m. atthe Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin, Schmadeke. Council minutes tape recorded on Tapes 95-132, Side 1. Moved by Throgmorton, seconded by Lehman, to adjourn to exScutive 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; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:32 p.m. Council returned to open session 7:10 p.m. Moved by Kubby, seconded by Pigott, to adjourn the special meeting 7:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present, Susan M. Horowitz, Mayor Marian K. Karr, City 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 NOVEMBER 21, 1995 Iowa City City Council, regular meeting, 7:30 p.m. atthe Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, 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 fiacal 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 October 26, 1995; Airport Cornre. meeting of October 12, 1995; 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 '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 P)us, 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 D~RECTING 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 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, 1995, 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 96,957,009.05 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 (KC-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. 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 plaving 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 14, 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 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 5 on an ordinance amending the Zoning 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 Holiand, 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 OPDH-8, 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 Comm. regarding dealing only with rezoning of the Hitchcock property and appropriate conditional zoning agreement; and set special formal meetings for November 27 and 28 for consideration of the ordinance. The Mayor declared the motion carried unanimous- ly, 710, all 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 Council 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 unanimous, 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, IOWA, 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 deolared 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. Mobi~y, 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 Meml~er 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 w~th America was disc~Jssed; 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 15; her attendance at the Salvation Army Kettle Kickoff also on November 15; 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 Council Activities November 21, 1995 Page 5 revised 12/5/91 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 FORTHE CONSTRUCTION OFTHE 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 dall 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 Corridor/~Nastewater Treatment Connection project, in 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 Councd schedule an executive session to discuss collective bargaining prior to the bargaining process. The Mayor wdl review the schedule. Affirmative 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 prior to the meeting at which it ~s to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3698, 8k. 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, "PUBLIC TRANSPORTATION," to establish a charge for Bus'n Shop coupons of 6.35, be voted on for hnal passage at this t~me. 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 XII, 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, Throgmorton, Nays: Horowitz, Lehman, Novick. Absent: None. Moved by Lehman, seconded by Throgmorton, to adjourn 11:25 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk Council Activities November 21, 1995 Page 5 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 ott, seconded by Novick, to adopt RES. 95~337, Bk. 1 14, p. 337, AUTHORIZING THE ACQUISITION OF BOTH PERMANENT AND TEMPO- !EASEMENTS FORTHE CONSTRUCTION OFTHE LONGFELLOW AREA Y SEWER PROJECT. Affirmative roll call vote unanimous, 7/0, all The Mayor declared the resolution adopted. seconded by Novick, to adopt RES. 95-338, Bk. I p. 338, IISITION OF PERMANENT AND TEMPORARY OF THE HIGHLANDER AREA SANI SEWER, MAIN PROJECT. Affirmative roll call vote u 7~0, all Mayor declared the resolution adopted. property rig ~of condemnation. ~rs present. STORM AND Council Members Moved by Lehma AUTHORIZING THE ACC EASEMENTS FOR THE LIFT STATION, AND Council Members present. Moved by Novick, AMENDING THE BUDGETED WORKS DEPARTMENT ladd unanimous, 7~0, all Council Moved by Novick execution of an agreement to ac( Treatment Connection proj unanimously, 7~0, all Coun¢ )nded by Kubby, to adopt RES. 95-3 Bk. 114, p. 339, IN THE SANITATION D OF THE PUBLIC Maintenance Worker II - Refus Affirmative roll call vote iresent. The Mayor de, resolution adopted. I by Pigott, to defer to De( 5, a resolution authorizing ,outh River Corridor/~Vastewater Mayor declared the motion carried Moved by Kubby, seconded Novick, AUTHORIZING JOINT AGREEMEN1 lETWEE TRUSTEES AND THE CITY COUNCl NEGOTIATING PROCEDURES FOR requested Council schedule an executive bargaining process. The Mayor will revi 7~0, all Council Members present. Ti- Moved by Pigott, seconded considered and voted on for fina at which it is to be finally ~ended, and that ORD. 95-3698, Bk. p. 35, AND FEES," CHAPTER 4, JLE OF FEES PENALTIES" OF THE BY A AND FEES," CHAPTER TRANSPC RES. 95-340, Bk. 114, p. 340, IOWA CITY LIBRARY BOARD OF CITY OF IOWA CITY TO COORDINATE OF COLLECTIVE BARGAINING. Kubby ~on to discuss collective bargaining prior to the ~e schedule. Affirmative roll call vote unanimous, ' declared the rosolution adopted. that the rule requiring ordinance to be Council meetings prior to the meeting at second consideration and vote be waived, G TITLE III "CITY FINANCES, TAXATION CHARGES, BONDS, FINES AND ITLE Ill, "CITY FINANCES, TAXATION to establish a charge for Bus'n Shop coupons of $.35, be unanimous, 7~0, all by P~gott, seconde¢ roll call vote unan' ,, adopted, to adopt a be given Membe on for final passage his time. Affirmative roll call vote ncil Members present. The Mayo motion carried. Moved Kubby, that the ordinance ' adopted at this time. Affirmative 7~0, all Council Members present. ~e Mayor declared the ordinance Novick, seconded by Lehman, that the the Code of Ordinances of the City of Iowa Chapter 4 to be known as "Cable Television vote for consideration. Affirmative roll call vote present. The Mayor declared the motion carried. g Title Xll, entitled to repeal chapter 4 and ,chise Enabhng Ordinance, ~nimous, 7/0, all Council Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCIPTION OF COUNCIL ACTIVITIES NOVEMBER 27, 1995 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin, Nasby, Milkman, Boothroy, Burnside. Council minutes tape recorded on Tapes 95-136, both sides. A public hearing was held on an ordinance amending the Zoning' Chapter by conditionally changing the use regulations of an approximate 2.0 acre tract of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay (Saratoga Springs). Planning and Zoning Corem. Members present for a consult with Council on the matter. The following individuals appeared: Liz Swenson, 829 Kirkwood; Mary Losch, 1252 Oakes Dr.; Bob Burns, 319 E. Washington St.; Ben Moore, 25 Edgewood Circle. Moved by Kubby, seconded by Baker, that an ordinance amending the Zoning Chapter by changing the use regulations of an approximate 2.0 acre tract of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family residential, to OPDH-8, Planned Development Housing Overlay (Saratoga Springs)..The Mayor declared the ordinance defeated unanimously, 0/7, all Council Members present. Moved by Pigott, seconded by Lehman, to adjourn 7:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCIPTION OF COUNCIL ACTIVITIES NOVEMBER 28, 1995 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin, Boothroy, Miklo. Council minutes tape recorded on Tapes 95-140, Side 1. The Mayor announced this special meeting had been scheduled for s~cond consideration of an ordinance amending tl~e Zoning Chapter by changing the use regulations of an approximate 2.0 acre tract of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family residential, to OPDH-8, Planned Development Housing Overlay (Saratoga Springs), but first consideration of the ordinance failed the previous evening. The Mayor opened the formal meeting up for public discussion of the matter. The following individuals appeared: Applicant Bob Burns, 319 E. Washington and Atty. Steve Ballard, representing Mr. Burns (both requesting reconsideration of the matter.) PCD Director Franklin, St, Planner Miklo, and City Atty. Woito present for discussion. After discussion Council agreed not to reconsider the matter. Moved by Lehman, seconded by Novick, to adjourn 7:05 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk