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HomeMy WebLinkAbout1995-12-19 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 19, 1995 Iowa City City Council, regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Miklo, Klinefalter, Yucuis, Fosse, Schoon, Schmadeke. Council minutes tape recorded on Tapes 95- 146, Both Sides; 95-147, Side 1. Council Members sang Happy Birthday to Iowa City historian Irving Weber for his 95th Birthday. The Mayor presented the Citizenship Awards to students of Longfellow Elementary School: J. Ashley Calkins; Cassye Dunkbase; Phil Wiese; Chris Williams. Mayor Pro tam Novick presented parting gifts to Mayor Horowitz and Council Members Throgmorton and Pigott. The Mayor proclaimed A Day of Recognition for the Iowa City Host Lions Club - December 15, 1995; Howard Vernon Day - December 15, 1995. Moved by Pigott, seconded by Throgmorton, that the following items and recommenda- tions in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Council actions of the regular meeting of December 5, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Library Trustees meeting of November 16, 1995; P&R Comm. meeting of November 8, 1995; Broadband Telecomm. Comm. meeting of November 27, 1995; P&Z Comm. meeting of December 7, 1995; Historic Preservation Comm. meeting of November 14, 1995; Rules Comm. meeting of December 4, 1995. Permit Motions: Approving a Class "C" Liquor License for Yen Ching Restaurant, 1803 Boyrum St. Approving a Class "C" Liquor License for Jirsa's. 819 First Ave. Approving a Class "C" Liquor License for Carlos O'Kelley's Mexican Care, 1411 S. Waterfront. Approving a Class "C" Liquor License for The Break Room, 1578 First Ave. Setting Public Hearings: RES. 95-357, Bk. 114, p. 357, FIXING DATE FOR A MEETING on January 16, 1996, OF THE PROPOSITION OF THE ISSUANCE OF $6,200,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 95-358, Bk. 114, p. 358, FIXING DATE FOR A MEETING on January 16, 1996, OF THE PROPOSITION OF THE ISSUANCE OF $28,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 95-359, Bk. 114, p. 359, SETTING PUBLIC HEARING for January 16, 1996 ON PLANS, SPECIFICATION, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUC- TION OF THE HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Motions: Approve disbursements in the amount of $4,665,691.60 for the period of November 1 through November 30, 1995, as recommended by the Finance Director subject to audit. Resolutions, Bk. 114: RES. 95-360, p. 360, ESTABLISHING FREQUENCY OF MAINTENANCE INSPECTIONS. RES. 95-361, p. 361, ADOPTING AMENDMENTS TO IOWA CITY'S CONSOLIDATED PLAN, KNOWN AS CITY STEPS, FOR FY1996- FY2000. RES. 95-362, p. 362, ADOPTING THE CITY OF IOWA CITY COMPRE- HENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1995, AND AUTHORIZING THE CITY MANAGER TO Council Activities December 19, 1995 Page 2 revJ. sed ]/16/96 SUBMIT SAID REPORT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. RES. 95-363, p. 363, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1213 FIRST AVENUE, IOWA CITY, IOWA. RES. 95-364, p. 364, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREE- MENT BETWEEN THE CITY OF iOWA CITY AND OCEANMARK BANK, FSB, NORTH MIAMI BEACH, FLORIDA FOR PROPERTY LOCATED AT 841 7TH AVENUE, IOWA CITY, IOWA. RES. 95-365, p. 365, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SHARED ACCESS EASEMENT AGREEMENT AND A PERPETUAL PARKING EASEMENT AGREEMENT FOR 820 AND 824 E. BURLINGTON STREET. Correspondence: Robert P. Burns and Charles Eastham regarding CDBG/HOME funding. Mark Ginsberg requesting funding for the Iowa City Jazz Festival. Bob Smith regarding the First Avenue Project. Becky Feuerbacher of Coralville regarding a skate- boarding facility. Ed Barker regarding water and wastewater rates. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Gary Sanders, 728 1/2 Oakland Ave., thanked outgoing Council Members Throgmorton and Pigott. Gertrude MacQueen, 454 Lexington Ave., updated Council on activities of the Heritage Trees of Iowa City. Michaelanne Widness, 629 Melrose Ave., thanked Council for the time spent in reaching a decision on the Melrose Avenue widening project. Moved by Pigott, seconded by Baker, to set a public hearing for January 16, 1996, on an ordinance amending the Zoning Chapter by changing the use regulations for a .5 acre property located at 840 Cross Park Avenue from C0-1, Commercial Office, to CC-2, Community Commercial (Sundblad). The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Throgmorton, seconded by Pigott, to set a public hearing for January 16, 1996, on an ordinance amending the Zoning Chapter by changing the use regulations of an approximate .3 acre property located at 1500 Sycamore Street from RS-5, Low Density Single-Family Residential, to CO-1, Office Commercial (4C's). The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Pigott, seconded by Novick, to set a public hearing for January 1 6, 1996, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article D, entitled "Residential Zones," Section 5, entitled "Neighborhood Conservation Residential Zone (RNC- 12)," to clarify the number of roomers permitted in duplex units in the RNC-12 zone. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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. Ernie Galer, 1749 W. Benton, (broker/owner) appeared and requested expedited action on the ordinance. Moved by Pigott, seconded by Kubby, to accept correspondence from: Tim Wolfe, Iowa City Cleanup & Transfer, Inc.; Spencer Potter, Presidont PailIon Pyrotech, Sterling, Inc. The Mayor declared the motion carried unanimously, 710, all Council Members present. A public hearing was held 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. No one appeared. Moved by Pigott, seconded by Novick, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article 5, entitled "Performance Standards," Section lOB, concerning the location of aboveground storage tanks, be given first vote for consideration. Affirmative roll Council Activities December 19, 1995 Page 3 revised 1/16/96 call vote ,~nanimous, 7/O, all Council Members present. The Mayor declared the motion carried. Moved by Novick, seconded by Lehman, that the ordinance amending the Zoning Chapter to clarify the definition of time/temperature signs, be given first vote for consider- ation. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Lehman, Novick, Horowitz, Kubby. Nays: Baker, Pigott, Throgmorton. Absent: None. Moved by Kubby, seconded by Th~ogmorton, to combine items 6h-k. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Novick, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meoting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that the following ordinances be voted on for final passage at this time: ORD. 95-3701, Bk. 38, p. 38, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE J, ENTITLES "RIVER CORRIDOR OVERLAY ZONE (ORC)," AND CREATE A NEW SECTION 14-6J-1, ENTITLED "SENSITIVE AREAS OVERLAY ZONE (OSA)"; ORD. 95-3702, Bk. 38, p. 39, AMENDING TITLE 14, CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE H, ENTITLED "SITE PLAN REVIEW," SECTION 2, ENTITLED "SITE PLANS REQUIRED; EXEMPTIONS," TO ADD A REFERENCE TO THE SENSITIVE AREAS SITE PLAN; ORD. 95-3703, Bk. 38, p. 40, AMENDING TITLE 14, CHAPTER 5, BUILDING AND HOUSING, ARTICLE I, GRADING ORDINANCE, TO MAKE IT CONSISTENT WITH THE SENSITIVE AREAS ORDINANCE; ORD. 95-3704, Bk. 38, p. 41, AMENDING TITLE 6, ENTITLES "PUBLIC HEALTH AND SAFETY," CHAPTER 3, ENTITLED "WEED CONTROL," SECTION 3, ENTITLED "NATURAL AREAS," TO MAKE IT CONSISTENT WITH CITY CODE SECTION 14-6K-1, THE SENSITIVE AREAS ORDINANCE. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Novick, seconded by Lehman, that the ordinances be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinances adopted. Moved by Pigott, seconded by Novick, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3705, Bk. 38, p. 42, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," CONCERNING ADULT DAY CARE, ELDER FAMILY HOMES, AND ELDER GROUP HOMES, AND THE DEFINITION OF ELDER, 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 Novick, that the ordinances be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council MereSets present. The Mayor declared the motion carried. Moved by Pigott, seconded by Throgmorton, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3706, Bk. 38, p. 43, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING" TO REQUIRE BICYCLE PARKING FOR MULTI-FAMILY RESIDENTIAL AND COMMERCIAL USES, be voted on for final passage at this time. Individual Council Members expressed their views. Affirmative roll call vote unammous, 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. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Nays: Baker. Absent: None. Jeanette Ockenfels appeared and thanked outgoing Council Members and Mayor Horowitz and everyone on Council for their support. Council Activities December 19, 1995 Page 4 A public hearing was held on plans, specifications, form of con{fact and estimate of cost for construction of the Iowa River Corridor Trail, Iowa Memorial Union Bridge to Iowa Avenue, Project. City Engr. Fosse present for discussion. Moved by Kubby, seconded by Pigott, that the RES. 95-366, Bk. 114, p. 366, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE PROJECT, STP-E-3715(3)--8V-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a proposed change in the Landfill use fees. No one appeared. Moved by Pigott, seconded by Lehman, that the ordinance amending Title 3, entitled Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges Bonds, Fines and Penalties, Section 3-4-5, Landfill Use Fees, be given first vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. 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. The Mayor noted the current vacancies: Airport Corem. - One vacancy for a six-year term ending March 1,2002; Historic Preservation Comm. - Two vacancies - one at-large and one a Brown Street District representative - for three-year term ending March 29, 1999; Broadband Telecomre. Comm. - two vacancies for three-year terms ending March 13, 1999; Human Rights Comm. - One vacancy for an unexpired term ending January 1, 1997. These appointments will be made at the January 30, 1996, meeting of the City Council. Council Member Kubby outlined the accomplishments of the Council over the last two years and thanked outgoing Council Members Horowitz, Pigott, and Throgmorton for their time and efforts. Council Member Novick stated that the Design Review Committee was considering awards in various areas and individuals interested in suggesting projects or individuals deserving of such an award should contact Economic Development Planner David Schoon for more information. Council Member Throgmorton thanked the people of Iowa City for giving him the opportunity to serve as a Councd Member, city employees for their dedication, and fellow Council Members. Council Member Pigott thanked Council Members, City staff, his supporters, and the community for all their support during his term of office; and welcomed Dean Thornberry to the Council. Council Member Baker acknowledged the three departing Council Members and wished them well in the future. Mayor Horowitz announced that the C-Span Campaign '96 bus will be visiting Iowa City on January 8, and asked anyone interested in getting information should contact Bill Blough at TCI. She announced that the International Institute of Municipal Clerks has awarded City Clerk Marian Karr the second sustaining membership in the Academy for Advanced Education. City Attorney Woito congratulated City Clerk Karr, and reported that she had made a presentation to the noon Kiwanis on the upcoming Census. Council Activities December 19, 1995 Page 5 Moved by Pigott, seconded by Lehman, to adopt RES. 95-367, Bk. 114, p. 367, APPROVING THE BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION. Affirmative roll ca~l vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Novick, to adopt RES. 95-368, Bk. 114, p. 368, APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO SPACE #100, OLD CAPITOL MALL, 201 S. CLINTON STREET (Talbots). 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 Pigott, to adopt RES. 95- 369, Bk. 114, p. 369, AUTHORIZING THE ACQUISITION OF APPROXIMATELY 10.27 ACRES OF LAND ADJACENT TO WETHERBY PARK, FOR USE AS PARKLAND (Showers). Affirmative rol~ call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, secondsd by Pigott, to adopt RES. 95-370, Bk. 114, p. 370, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS, EXCLUDING THE POTTER'S STUDIO. Affirmative roll ca~l vote unanimous, 6~0, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, to adopt RES. 95-371, Bk. 114, p. 371, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR THE POTTER'S STUDIO. The Mayor declared the resolution adopted, 51011, with the following division of roll call vote: Ayes: Horowitz, Lehman, Novick, Pigott, Baker. Nays: None. Abstaining: Kubby. Absent: Throgmorton. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Kubby, to adopt RES. 95-372, Bk. 114, p. 372, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CiTY OF IOWA CITY AND SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE UPDATE OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOODPLAIN MAPS. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. -rhe Mayor proclaimed the resolution adopted. Moved by Pigott, seconded by Kubby, to adopt RES. 95-373, Bk. 114, p. 373, AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, MUSCATINE AVENUE TO D STREET. 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 Lehman, seconded by Pigott, to adopt RES. 95-374, Bk. 114, p. 374, AUTHORIZING THE ACQUISITION OF VARIOUS PROPERTY INTERESTS, INCLUDING RIGHT- OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE MELROSE AVENUE, WEST HIGH SCHOOL ENTRANCE TO DEER CREEK ROAD, RECONSTRUCTION PROJECT. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 95-375, Bk. 114, p. 375, AUTHORIZING THE MAYOR TO EXECUTE AND CITY CLERK TO SIGN SANITARY SEWER EASEMENTS PREVIOUSLYACQUIRED FOR THE CONSTRUCTION OF THE TAFT SPEEDWAY SANITARY SEWER ASSESSMENT PROJECT IN 1984. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott. to adopt RES. 95-376, Bk. 114, p. 376, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY Council Activities December 19, 1995 Page 6 CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE REDESIGN OF THE MELROSE AVENUE BRIDGE REPLACEMENT PROJECT· City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Throgmorton, to adopt RES. 95-377, Bk. 114, p. 377, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK ATTEST TO AN AGREEMENT BETWEEN MMS CONSULTANTS, INC. OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSTRUCTION SURVEY SERVICES FOR CONTRACT I - SQUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. 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. 95-378, Bk. 114, p. 378, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AMENDMENT NUMBER 2 TO THE AGREEMENT DATED OCTOBER 26,1993, BETWEEN STANLEY CONSULTANTS, INC., OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Throgmorton, to adopt RES. 95-379, Bk. 114, p. 379, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AMENDMENT NUMBER 3 TO THE AGREEMENT DATED OCTOBER 26, 1993, BETWEEN STANLEY CONSULTANTS, INC., OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER TREATMENT AND COLLECTION FACILITIES. PW Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 7~0, Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, to adopt RES. 95-380, 8k. 114, p. 380, RATIFYING SETTLEMENT OF PENDING LITIGATION (~1 62,000.00 to Donna Johnson and Mary Ann Prohaska). Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Throgmorton, seconded by Pigott, that the ordinance amending the Motor Vehicles and Traffic Chapter to clarify that bicycles may be locked to parking meters which are equipped with bicycle racks, be given first vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Council Member Baker questioned whether the Council had directed staff to proceed with an appraisal on the Neuzil tract. The Mayor stated Council had discussed the matter at the work session the previous evening and directed staff to proceed. Moved by Pigott, seconded by Lehman, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 9:25 p.m. Council returned to open session 9:40 p.m. Moved by Pigott, seconded by Lehman, to adjourn 9:41 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. · Horowitz, Mayo ~ Mari~ City Clerk Council Activities 19, 1995 Page CITY MENT MIAMI CITY, IOWA. CITY CLERK PERPETU STREET. lit SAID REPORT TO THE U.S. DEPARTMENT OF HOUSING AND Ui )PMENT. RES. 95-363, p. 363, AUTHORIZING .ERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY AVENUE, IOWA CITY, IOWA. RES. 95-364, p. 364, AUTHORI: EXECUTE AND THE CITY CLERKTO ATTEST A SUBORDINAT THE CITY OF IOWA CITY AND OCEANMARK FLORIDA FOR PROPERTY LOCATED AT 841 7TH ;S. 95-365, p. 365, AUTHORIZING THE MAYOR ATTEST A SHARED ACCESS EASEMENT /~ NG EASEMENT AGREEMENT FOR funding. Mark Ginsbet regarding the boarding facility. Ed Affirmative roll call vote unanimo the motion carried and repeated Gary Sanders, 728 1/ and Pigott. Gertrude MacQueen exington Heritage Trees of Iowa City. the time spent in reaching a decision Moved by Pigott, seconded by an ordinance amending the Zoning Chapte~ property located at 840 Cross Park Ave Community Commercial (Sunbled). The M all Council Members present. Moved by Throgmorton, by Pic. 1996, on an ordinance amending Robert P. Burns and Charles Easth requesting funding for the Iowa Project. Becky Feuerbacher regarding water and we' 7~0, all )ublic hearings as 12)," to clarify the nu Mayor declared the r A public he "Zoning," to amendments. E] action on the from: Tim Pyrotech, Members ;ent. AT THE ;REE- NORTH IOWA ;IGN AND THE ~ENT AND A E. BURLINGTON larding CDBG/HOME ' Jazz Festival. Bob Smith Coralville regarding a skate- rates. present. The Mayor declared Council Members Throgmorton ]ted Council on activities of the Melrose Ave., thanked Council for ~ Avenue widening project. public hearing for January 16, 1996, on changing the use regulations for a .5 acre from CO-1, Commercial Office, to CC-2, the motion carried unanimously, 7~0, approximate .3 acre property Ioc~ at 1500 Single-Family Residential, to CO-' )fficeCo carried unanimously, 7/0, all ncil Members Moved by Pigott, sec by Novick, to set a on an ordinance amendi] Title 14, Chapter 6, "Residential Zones," Se( entitled "Neighborhood of roomers permitted in du ~on carried unanimously, 7~0, all was held on an ordinance amendi ~rocessing facilities inthe I-1 1749 W. Benton, (broker/owner) a ~nce. Moved by Pigott, seconded by Iowa City Cleanup & Transfer, Inc.; Inc. The Mayor declared the m0t~on carried u to set a public hearing for January 16, =r by changing the use regulations of an Street from RS-5, Low Density 4C's). The Mayor declared the motion hearing for January 16, 1996, :led "Zoning," Article D, entitled nservation Residential Zone (RNC- units in the RNC-12 zone. The uncil Members present. Title 14, Chapter 6, entitled ral Industrial, zone and related ~d and requested expedited to accept correspondence ,~r Potter, President PailIon nimously, 7~0, all Council ~ublic hearing was held on an ordinance amending "Zoni~ Article N, entitled "Off-Street Parking and Loading," Fee Ordinance in the off-street parking regulations se )eared. Moved by Pigott, seconded by Novick, that the ordin~ entitled "Zoning," Article 5, entitled "Performance Standards," location of aboveground storage tanks, be given first vote for cons 14, Chapter 6, entitled ence the Parking Facility g Chapter. No Title 14, Chapter )B, concerning the Affirmative roll Council Activities December 19, 1995 3 unanimous, 7/0, all Council Members present. The Mayor decl, the motion Chapte Ayes: declared th, seconded by passa, suspended, be voted on f( 14, CHAPTER 6, ZONE (ORC)," OVERLAY ZONE ENTITLED "BUILDING SECTION 2, ENTITLED "~ THE SENSITIVE AREAS CHAPTER 5, BUILDING CONSISTENT WITH THE AMENDING TITLE 6, "WEED CONTROL," SECTION WITH CiTY CODE SECTION 14- call vote unanimous, 7/0, all Cc carried. Moved by Novick, secor time. Affirmative roll call declared the ordinances ado Moved by Pigott, by Novick, seconded by Lehman, that the ordinance to clarify the definition of time/temperature signs, be given Mayor declared the motion carried, 4/3, with the followin ~an, Novick, Horowitz, Kubby. Nays: Baker, Pigott, by Kubby, seconded by Throgmorton, to 0tion carried unanimously, 7/0, all Council that the rule requiring ordinances to meetings prior to the meeting consideration and vote be waiw passage at this time: ORD. 95~,'. 'ITLED "ZONING," ARTI( A NEW SECTION ORD. 95-3702, Bk. 31 ,ND HOUSING," ]'E PLANS REQt E PLAN; ORD. HOUSING SITlYE g the Zoning vote for consider- of roll call vote: morton. Absent: None. items 6h-k. The Mayor by Novick, and voted on for final it is to be finally passed be and that the following ordinances Bk. 38, p. 38, AMENDING TITLE OVERLAY ENTITLED "SENSITIVE AREAS 39, AMENDING TITLE 14, CHAPTER 5, H, ENTITLED "SITE PLAN REVIEW," EXEMPTIONS," TO ADD A REFERENCE TO Bk. 38, p. 40, AMENDING TITLE 14, I, GRADING ORDINANCE, TO MAKE IT ORDINANCE; ORD. 95-3704, Bk. 38, p. 41, FtEALTH AND SAFETY," CHAPTER 3, ENTITLED ," TO MAKE IT CONSISTENT THE SENSITIVE AREAS ORDINANCE. Affirmative roll ~cil Members present. The Mayor declared the motion Lehman, that the ordinances be finally adopted at this ous, 7~0, all Council Members present. The Mayor considered and voted on final passa which it is to be finally be sus and that ORD. Bk. 38, p. 42, ENTITLED"ZONING," ONCERN GROUP HOMES THE DEFINITION Affirmative roll cal unanimous, 7~0, all the motion Moved by Pigott, seconded adopted at this Affirmative roll call The Mayor the motion carried. ott, seconded bv Throgmorton, considered voted on for final passage at two which it is y passed be suspended, the second, and that :D. 95-3706, Bk. 38, p. 43, AMENDING E ZONING" TO REQUIRE BICYCLE PARKING COMMEI :IAL USES, be voted on for final passage expres,, :J their views. Affirmative roll call vote unanimous, The declared the motion carried. Moved by ordir be finally adopted at this time. The Mayor wit :he following division of roll call vote: Ayes: Horowitz, Kubb' ;]morton. Nays: Baker. Absent: None. / Jeanette Ockenfels appeared and thanked outgoing Horowitz and everyone on Council for their support. ~ovick, that the rule requiring ordinances to be at two Council meetings prior to the meeting at the second consideration and vote be waived. ENDING CITY CODE TITLE 14, CHAPTER 6, CARE, ELDER FAMILY HOMES, AND ELDER be voted on for final passage at this time. ',il Members present. The Mayor declared Novick, that the ordinances be finally ,us, 7~0, all Council Members present. the rule requiring ordinances to be meetings prior to the meeting at nsideration and vote be waived, CODE TITLE 14, CHAPTER 6, FI-FAMILY RESIDENTIAL AND Individual Council Members Council Members present. by Kubby, that the adopted, 6/1, Novick, Pigott, and Mayor The cost of publishing the following pro- ceedings and claims is $ . Cumula- tive cost for this calendar year for said publica- tion is $ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. OFFICIAL COUNCIL ACTIONS - 12/5/95 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. The Mayor proclaimed Drunk and Drugged Driving Prevention Month - December and Lights on for Life Day - December 15, Dab Hamroes, Mecca, accepted. Moved and seconded to adopt the follow- ing items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council actions of the special meetings of November 20, No- vember 27, and November 28, and of the regular meeting of November 21, as pub- lished, subject to corrections, as recom- mended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. -September 18, October 19, November 20; Broadband Telecomm. Comm. meeting of October 30; Housing and Community Development Comm. meeting of November 9; Bd. of Appeals meeting of July 10, August 10, August 28; P~'{Z Comm. meeting of No- vember 16. Permit Motions: Special Class "C" Liquor License for Pizza Hut //402041, 127 Iowa Ave. Class "C" Liquor License for Gabe's, 330 E. Washington St. Out- door Service Area for Gabe's, 330 E. Washington St. Class "E" Liquor License for Randali's Pantry, 1851 Lower Muscatine Rd. Class "E" Beer Permit for Randali's Pantry, 1 851 Lower Muscatine Rd. Refund for an unused portion of a Class "C" Beer Permit for Sinclair Retail //14005, 731 Riverside Dr. RES. 95-341, ISSUE DANCING PERMIT. Motions: Accepting Abstract of Votes for the Iowa City Election held on Novem- ber 7. Resolutions: RES. 9§-342, AUTHO- RIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR Official Actions December 5. 1995 Page 2 THE PURPOSE OF CONDUCTING A PRO- FESSIONAL SURVEY AND EVALUATION OF HISTORIC RESOURCES WITHIN A PORTION OF THE ORIGINALTOWN PLAT. RES. 95-343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AT- TEST THE RELEASE OF A LIEN FOR PROP- ERTY LOCATED AT 1502 YEWELL STREET, IOWA CITY, IOWA. RES. 344, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1503 ROCHESTER AVE- NUE, IOWA CITY, IOWA. RES. 95-345, 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 PROP- ERTY LOCATED AT 619 DEARBORN STREET. RES. 95-346, ACCEPTING THE WORK FOR THE SOUTH SiTE SOCCER FIELD AND WASTEWATER PIPELINE GRADING PROJECT AND APPROVING THE SUPPLEMENTAL CONTRACT FOR REMAINING FERTILIZATION. RES. 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 EASE- MENT LOCATED ON OUTLOT "A", WHIS- PERING MEADOWS SUBDIVISION, PART ONE, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A SUBSTITUTED SANI- TARY SEWER EASEMENT AGREEMENT FOR THE SAME PROPERTY. Setting Public Hearings: RES. 95-348, SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTITLED "FINANCES, TAXA- TION & FEES," CHAPTER 4 ON CITY UTILITIES TO CHANGE THE FEES, RATES AND CHARGES SECTION FOR LANDFILL USE FEES. RES. 95-349, SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT AND ESTI- MATE 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 Official Actions December 5, 1995 Page 3 CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Chair of the Broad- band Telecommunications Commission regarding the franchise agreement. Muse- um Director of the Johnson County Histor- ical Society requesting funding for the next fiscal year. Bob Elliot regarding City Council establishing priorities and address- ing 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, 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, approved. The Mayor declared the motion carried. 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 and seconded to accept corre- spondence from Robert Burns and Charlie Eastham. The Mayor declared the motion carried. Ed Barker, 6 Lime Kiln Lane, expressed appreciation to the following City departments: Police, Fire, Public Works, HIS, Library and Senior Center. Moved and seconded to set a public hear- ing 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, Moved and seconded to set a public hear- ing 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 Faciliw Impact Fee Ordi- nance in the off-street parking regulations section of the Zoning Chapter. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 95- 3699, THE ZONING CHAPTER BY INCORPO- RATING A NEW SECTION 14-6k-1, ENTITLED "SENSITIVE AREAS ORDINANCE," TO REGU- LATE DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS IN IOWA CITY, IOWA. 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, present- Official Actions December 5, 1995 Page 4 ed a statement requesting deferral until further information is available. Moved and seconded that the ordinance amending the Zoning Chapter by repealing title .14, Chapter 6, Article J, Section 1, River Corridor Overlay Zone, be given first vote for consideration. 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. Moved and seconded 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. 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 Ordi- nance. Move and seconded that the ordinance amending Title 14, Chapter 5. Building and Housing, Article I, Grading Ordinance, to make it consistent with the Sensitive Areas Ordi- nance, be given first vote for consideration. 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. Moved and seconded 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 consid- eration. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zon- ing," Article 5, entitled "Performance Stan- dards," Section lOB, concerning the location of aboveground storage tanks. A public hearing was held on an ordinance amending the Zoning Chapter to clarify the definition of time/temperature signs. 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 that the ordinance amending the Zoning Chapter to allow adult Official Actions December 5, 1995 Page 5 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. 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 developments. Moved and seconded to accept correspondence from: Shelley Platther; Lynette Seigley; Dan Nidey, World of Bikes; William Gross; Barker Apartments. The Mayor declared the motion carried. 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 Kovaciny, 521 Clark, Bicycle Advocacy Director, Bicy- clists 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 Plattner, 1305 Yewell St. Moved and seconded that the ordinance amending the Zoning Chapter to require bicycle parking for commercial and multi-family resi- dential developments, be given first vote for consideration as amended. The Mayor declared the motion carried. Moved and seconded to send a letter to the Johnson County Board of Supervisors recommending approval of a requested rezon- ing of approximately 66 acres from RS, Subur- ban Residential, to M1, Light Industrial, for property located in Fringe Area 5 on the east side of Scott Boulevard, North of 420th St. SE. The Mayor declared the motion carried. A public hearing was held on the City°s Comprehensive Housing Affordability Strategy Annual Performance Report for Fiscal Year 1995. A public hearing was held on amendments to the priorities strategies and goals of the consolidated plan for FY1995-FY2000. 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. Moved and seconded to continue the public hearing to December 19. The Mayor declared the motion carried. After Official Actions December 5, 1995 Page 6 discussion, moved and seconded to reconsider the previous vote to continue the public hearing to December 19. The Mayor declared the motion to reconsider carried. Moved and sec- onded to continue the public hearing to Decem- ber 19. The Mayor declared the motion defeat- ed. Moved and seconded to continue the public hearing to January 16. The Mayor declared the motion carried. A public hearing was held on the proposi- tion of the issuance of $6,200,000 Water Revenue Bonds of iowa City, Iowa. Moved and seconded to adopt RES. 95- 350, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED 96,200,000 WATER REVE- NUE BONDS. Dee W. Norton appeared. A public hearing was held on the issuance of $28,000,000 Sewer Revenue Bonds of Iowa City, Iowa. Moved and seconded to adopt RES. 95- 351, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED 928,000,000 SEWER REVE- NUE BONDS. A public hearing was held on plans, speci- fications, form of contract, and estimate of cost for the construction of ground storage reservoir pump system improvements project. Moved and seconded to adopt RES. 95- 352, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYS- TEM IMPROVEMENTS PROJECT, ESTABLISH- ING AMOUNT OF BID SECURITY TO ACCOM- PANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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 meeting of the City Council. Recommendations accepted as follows: Housing and Community Development Commis- sion: (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 Official Actions December 5, 1995 Page 7 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 and seconded to adopt RES. 95- 353, ADOPTING THE NEAR SOUTHSIDE DE- SIGN PLAN. Moved and seconded to adopt RES. 95- 354, AWARDING CONTRACT AND AUTHORIZ- ING 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. Moved and seconded to adopt RES. 95- 355, AUTHORIZING EXECUTION OF AN AGREEMENT TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH RIVER CORRIDOR WASTEWATER TREATMENT CONNECTION PROJECT, IN LIEU OF CONDEMNATION. Moved and seconded to adopt ORD. 95- 3700, REPEALING CITY CODE TITLE 12, CHAPTER 4 ENTITLED BROADBAND TELE- COMMUNICATIONS FRANCHISE, AND ADOPT- ING A NEW CHAPTER 4 IN PLACE THEREOF. Moved and seconded to adopt RES. 95- 356, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FRAN- CHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND CABLE VISION VII, INC. TO OPERATE A CABLE TELEVISION SYSTEM IN IOWA CITY. Moved and seconded to adjourn 11:20 p.m. The Mayor declared the motion carried. A more complete description of Council activities i§ on file i,n the o,ff~ce of the City s/~USAN M. HOROWITZ, MAYOR ~ s/MARIAI~ K. KAR~, CI~'Y, CLERK Submitted for publication 12/14/95 revised 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: Arkins, 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. 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 Lower Muscatine Rd. Approving a refund for an unused portion of a Class "C" Beer Permit for Sinclair Retail //14005, 731 R~verside 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, 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, 8k. 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 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 0RD. 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, 10WA. 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 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 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 fami[y 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 Plattnet; 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 Koveciny, 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 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 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, 710, 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 publid 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 1 6, 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 bv 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 928,000,000 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. 95-3 51, 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, f. orm of contract, and estimate of cost for the construction of ground storage reservoir pump svstem 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, 1 996. 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 Corem. - 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 Kubb¥ 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) t~at $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 Throgmorton, seconded by Pigott, to adopt RES. 95-353, Bk. 114, p. 353, ADOPTli~IG 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. 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 adopted. Moved by Kubby, 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 Throgmo~on, 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. Kerr, City Clerk cc1205.m~n 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 ACTIVITI DECEMBER 5, 1995 Iowa Members None. Milkman, Yucuis & 95-144, Both The and Lights on for Horowitz announced and Johnson County the iowa City Fire Moved by dations in the Consent Approval of November 27, and 1995, as [ I, Minutes of Council, regular meeting, 7:30 p.m. Mayor Baker, Horowitz, Kubby, Lehman, Novick, present: Atkins, Helling, Burnside, Shaffer. Council tapes recorded o~ dmed Drunk and Drugged Driving Day - December 15, 1995, Deb City had received an awa~ Coalition for outstandi and Mercy seconded by Novick ndar be received, or fficial Council acti( 199 ect to corre( and Corer 1996, October 19,199,~ of October 30, 1995; November 9, 1995; Bd. August 28, 1995; Permit Motions: Appr #402041, 127 Iowa Ave. Washington St. Approving Approving a Class "E" Approving a Class "E" Approving a refund for #14005, 731 Riversir Motions: Ac~ November 7, 199,~ Bk. 114: RES. presiding. Council :ott, Throgmorton. Absent: Fosse, Schmadeke, 3es 95-140, Side 2; 95-143 h - December 1995, Mecca, accepted. Mayor the National Safe Kids Camping local coalition. The project is led by following items and recommen- and/or. adopted as amended: of the special meetings of November 20, and of the regular meeting of November 21, as recommended by the City Clerk. ~ons: Design Review Corem. - September 18, 1995; Broadband Telecomm. Cornre. meeting Community Development Comm. meeting of meeting of July 10, 1995, August 10, 1995, ~neeting of November 16, 1995. ~ng a Special Class "C" Liquor License for Pizza Hut owng a Class "C" Liquor License for Gabe's, 330 E. oor Service Area for Gabe's, 330 E. Washington St. se for Randali's Pantry, 1851 Lower Muscatine Rd. for Randali's Pantry, 1851 Lower Muscatine Rd. unused of a Class "C" Beer Permit for Sinclair Retail Dr. RES. Bk. 114, p. 341, ISSUE DANCING PERMIT. >ting Abstract Votes for the Iowa City Election held on PRESERVATION GOVERNMENT ING A WITHIN A AUTHORIZI RELEASE CITY, CITY CI OMMISSION TO GRANT TO OBTAIN ~NAL SURVEY AND OF THE ORIGINAL THE MAYOR TO SIGN AND A LIEN FOR PROPERTY RES. 95-344,.p. 344, AUTH£ TO ATTEST THE RELEASE OF A 1503 F ~CHESTER AVENUE, IOWA CITY, THE TO EXECUTE AND THE CITY CLERK AGF EMENT BETWEEN THE CITY OF IOWA ;ITY 3ANY FOR PROPERTY LOCATED AT 61§ ~., p. 342, AUTHORIZING THE HISTORIC APPLICATION FOR A CERTIFIED LOCAL NDS FOR THE PURPOSE OF CONDUCT- .UATION OF HISTORIC RESOURCES PLAT. RES. 95-343, p. 343, HE CITY CLERK TO ATTEST THE 1502 YEWELL STREET, IOWA THE MAYOR TO SIGN AND THE FOR PROPERTY LOCATED AT 95-345, p. 345, AUTHORIZING ATTEST A SUBORDINATION HILLS BANK AND TRUST N STREET. RES. 95-346, p. ACCEPTING THE WORK FOR THE SOUTH SITE SOC~ PIPELINE GRADING PROJECT AND APPROVING TRACT FOR REMAINING FERTILIZATION. RES. 95-347, p. MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SEWER EASEMENT AND A PORTION OF A ST(; EASEMENT LOCATED ON OUTLOT "A", WHISPERING iR FIELD AND WASTEWA- SUPPLEMENTAL CON- AUTHORIZING THE OF A SANITARY 'ER MANAGEMENT SUBDIVISION,