HomeMy WebLinkAbout1993-10-12 Council minutes
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OFFICIAL COUNCIL ACTIONS - 9/28/93
The cost of publishing the following pro-
ceedings and claims is $ . Cumula-
tive cost for this calendar year for said publica-
tion is $
Iowa City City Council, regular mtg" 7:30
p,m. at the Civic Center. Mayor Courtney pre-
siding, Council Members present: Ambrisco,
Courtney, Horowitz, Kubby, McDonald, Novick,
Pigott, Council Members absent: None,
The Mayor proclaimed October 3-9 as FIRE
PREVENTION WEEK; October 2 as HEAT'S ON
DAY.
Moved and seconded that the following
Items and recommendations In the Consent
Calendar be received, or approverl, and/or
adopted as amended:
Approval of Official Council Actions of
the special meeting of 9/13, and the regular
meeting of 9/14. as published, subject to
corrections, as recommended by the City
Clerk,
Minutes of Boards and Commissions:
Housing Comm. - 8/1 0; Riverfront & Natural
Area Comm, - 9/15; P&Z Comm. - 9/9,
9/16: Airport Comm, - 9/17.
Permit Motions: Class E Beer Permit for
Quik Trip #503, 123 W. Benton St. Class E
Beer Permit for Quik Trip #548, 955 Mor-
mon Trek, Class E Beer Permit for Sunset
Handimart, 1410 Willow Creek Dr. Class C
Beer Permit for Deli Mart #1, 525 Hwy, 1
West, Class C Liquor License for China
Palace Restaurant, 21 Sturgis Corner Dr.
Class C Liquor License for Diamond Dave's
Taco Company, 1604 Sycamore #330 Syca-
more Mall, Class C Liquor License for Texas
Steak Company, 121 Iowa Ave.
Setting Public Hearings: RES. 93-259,
DETERMINING THE NECESSITY AND SET-
TING A PUBLIC HEARING"FOR NOVEMBER
9, 1993, ON A PROPOSED BLOCK 62 UR-
BAN REVITALIZATION PLAN FOR A PRO-
POSED URBAN REVITALIZATION AREA IN
THE CITY OF IOWA CITY, IOWA.
Resolutions: RES. 93.260, AMENDING
AGREEMENT BETWEEN MERCY HOSPITAL
, AND CITY OF IOWA CITY, IOWA FOR USE
OF PUBLIC RIGHT.OF.WA Y FOR
PLACEMENT OF ADDITIONAL TRAFFIC
INFORMATION SIGN, RES, 93-261,
APPROVING THE OFFICIAL FINANCIAL
REPORT FOR CITY STREETS AND PARKING
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Official Actions
September 2s, 1993
Page 2
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REPORT FOR THE FISCAL YEAR ENDING
JUNE 30, 1993,
Correspondence: Karen & Brian Witzke
regarding northside neighborhood traffic,
Mechanical Contractors Association of Iowa,
Inc., inviting Council Members to Join the
"kickoff' for Project HEAT'S ON. Notice of
purchase of equipment, Memoranda from
Traffic Engr. regarding: Book return loading
zone in the 100 block of S, Linn St.; various
parking prohibitions on the south curb of the
10 block east and the 10 block west of
Jefferson St. Louise Wolf-Novak & Thomas
Novak regarding trees being removed at 60S
Eastmoor.
Applicatiuns for Streets & Public
Grounds: New Pioneer Food Co-op for use of
Van Buren St, for a Midwest Food Festival
on 9/26, approved. University of Iowa
Homecoming Council for use of public
grounds for a Flood Relief Benefit Walk on
1011 0, approved. Racquet Master to use
public sidewalk during Sidewalk Sales on
9/9.11, approved.
Applications for City Plaza Use Permits:
Socialist Workers Campaign to set up a table
on City Plaza on 9111, to distribute cam.
paign literature, approved. Billy Howell.
Sinnard to set up a table on City Plaza on
9111, 9/15, to distribute free literature,
approved. Fred Slocum to set up a table on
City Plaza 9113.17, to distribute literature
and offer t-shirts and buttons for donations,
approved.
The Mayor declared the motion carried.
Moved and seconded to set a public hearing
for 10/12, on an ordinance amending the Zon.
ing Ordinance by conditionally changing the use
regulations of an approximate 1.2 acre tract of
land located at 605 and 617 Kirkwood Avenue
from CC-2 and RS'5 to CO. I. The Mayor de.
clared the motion carried.
Moved and seconded to set a public hearin'g
for 10112, on an ordinance amending the Zon-
Ing Ordinance by changing the use regulations
of a 0,139 acre parcel located Immediately
south of Block 3 Braverman Center and west of
Keokuk St. from ID.RM to RM-12, The Mayor
declared the motion carried.
A public hearing on an ordinance amending
the Conditional Zoning Agreement for an ap.
proximate 240 acre tract, known as Windsor
Ridge, located east of Scott Park, south of
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Official Actions
September 2B, 1993
Page 3
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Lower West Branch Road and north of Ameri-
can Legion Road,
Moved and seconded that the ordinance
amending the Conditional Zoning Agreement for
an approximate 240 acre tract, known as
Windsor Ridge, located east of Scott Park,
south of Lower West Branch Road and north of
American Legion Road, be given first vote for
consideration. The Mayor declared the motion
carried,
Moved and seconded that the ordinance to
vacate a ten-foot wide walkway right-of-way
located along the southwest lot line of the 415
N. Seventh Ave. propertv, be given first vote
for consideration. The Mayor declared the
motion carried,
Moved and seconded that the ordinance
amending the Zoning Ordinance by changing
the use regulations of an approximate 1.65
acre tract of land located at 702 S, Gilbert St.,
Iowa City, Iowa from CI.l to CC-2, be glv'en
first vote for consideration. The Mayor declared
the motion carried.
Larry Quigley, Advocates for an Accessible
Environment, distributed copies of Program
Accessibility of the ADA guidelines and asked
for Council help In notifying businesses of the
law concerning accessibility, Moved and sec-
onded to accept the handout distributed by Mr.
Quigley. The Mayor declared the motion car-
ried. Michael Berkshire, environmental edu.
cation planner for ECICOG, distributed materials
regarding two educational programs currently
being offered. Moved and seconded to accept
materials distributed by Mr. Berkshire, The
Mayor declared the motion carried. Tom Novak
and Louise Wolf.Novak, 609 Manor Drive,
appeared regarding. trees that had been
removed at 60B Eastmoor Drive, and their
concerns regarding notification and re-Iandscap-
ing of the property. Don Norris, Santa Rosa,
California, updated Council on Operation Pay-
back started by the city of Santa Rosa to pay-
back Iowa City for help received after their
1906 earthquake.
A public hearing was held on a proposed
Resolution of Necessity for the 1993 Paving
Assessment Project. Property Owner Tom
Mentz appeared In support of the project.
Moved and seconded to eccept correspondence
from: Joan & John Keith Beddow; Katherine &
Edward Carolan; and Gregg Geerdes represent-
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Official Actions
September 28, 1993
Page 5
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CDBG FUNDS APPROPRIATED UNDER PUBLIC
LAW 103-75, INCLUDING ALL UNDERSTAND.
INGS AND ASSURANCES CONTAINED THERE.
IN, AND DESIGNATING THE CITY MANAGER
AS THE AUTHORIZED CHIEF EXECUTIVE OFFI-
CER FOR THE GRANT.
Moved and seconded to adopt Res. 93-267,
RESOLUTION WITH RESPECT TO INTENT TO
FINANCE DISASTER COSTS.
Moved and seconded 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. 93.3591,
AMENDING CHAPTER 32.1, ARTICLE IV,
SCHEDULE OF THE CODE OF ORDINANCES OF
IOWA CITY, IOWA BY AMENDING SECTION
32.1-63, PARKING FEES AND CHARGES AU.
THORIZED IN CHAPTER 23, be voted on for
final passage.at this time. The Mayor declared
the motion carried, Moved and seconded that
the ordinance be finally adopted at this time.
Moved and seconded to adjourn 9:35 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/DARREL G. COURTNEY, MAYOR
s/MARIAN K. KARR, CITY ,C~ERK
7lt~ .,f ~
; , Submitted for publication 10/7193.
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
SEPTEMBER 28, 1993
,Iowa City City Council, regular mtg., 7:30 p.m. at the Civic Center. Mayor Courtney
presiding. Council Members present: Ambrisco, Courtney, Horowitz, Kubby, McDonald,
Novick, Pigott. Council Members absent: None. Staffmembers present: Atkins, Helling,
Gentry, Karr, Franklin, Fosse, Milkman, Yucuis. Council minutes tape recorded on Tapes 93-
84, Both Sides and 93.85, Side 1,
The Mayor proclaimed October 3-9, 1993 as FIRE PREVENTION WEEK, Lt. Jensen
accepted; October 2, 1993 as HEAT'S ON DAY.
Moved by Ambrisco, seconded by Horowitz, that the following items and recommenda-
tions in the Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Official Council Actions of the special meeting of 9/13/93, and the
regular meeting of 9/14/93, as published, subject to corrections, as recommended by
the City Clerk.
Minutes of Boards and Commissions: Housing Comm. - 8/10/93; Riverfront &
Natural Area Comm, - 9/15/93; P&Z Comm. - 9/9/93, 9/16/93; Airport Comm. -
9/17/93. ,
Permit Motions: Approving a Class E Beer Permit for Quik Trip Corporation dba
Quik'Trip #503, 123 W. Benton St. Approving a Class E Beer Permit for Quik Trip
Corporation dba Quik Trip #548, 955 Mcrmon Trek. Approving a Class E Beer Permit
for Nordstrom Oil Co., dba Sunset Handimart, 1410 Willow Creek Dr. Approving a
Class C Beer Permit for DeliMart Corporation, dba DeliMart #1, 525 Hwy. 1 West.
Approving a Class C Liquor License for Michael H. Tanchinh dba China Palace Restau-
rant, 21 Sturgis Corner Dr. Approving a Class C Liquor License for Diamond Dave's
Taco Leasing Corporation., dba Diamond Dave's Taco Company, 1604 Sycamore #330
Sycamore Mall, Approving a Class C Liquor License for J H Enterprise dba Texas Steak
Company, 121 Iowa Ave. ,
Setting Public Hearings: RES. 93-259, Bk. 110, p. 259, DETERMINING THE
NECESSITY AND SETTING A PUBLIC HEARING, FOR NOVEMBER 9, 1993, ON A PRO-
POSED BLOCK 62 URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVI-
TALIZATION AREA IN THE CITY OF IOWA CITY, IOWA.
Resolutions, Bk. 110: RES. 93-260, p. 260, AMENDING AGREEMENT BE-
TWEEN MERCY HOSPITAL AND CITY OF IOWA CITY, IOWA FOR USE OF PUBLIC
RIGHT.OF-WAY FOR PLACEMENT OF ADDITIONAL TRAFFIC INFORMATION SIGN.
RES. 93-261, p, 261, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY
STREETS AND PARKING REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1993.
Correspondence: Karen & Brian Witzke regarding northside neighborhood traffic.
Mechanical Contractors Association of Iowa, Inc., inviting Council Members to join the
"kickoff" for Project HEAT'S ON. Notice of purchase of equipment. Memoranda from
Traffic Engr. regarding: Book r~turn loading zone in the 100 block of S. Linn St.;
various parking prohibitions on the south curb of the 10 block east and the 10 block
west of Jefferson St. Louise Wolf.Novek & Thomas Novak regarding trees being
removed at 608 Eastmoor,
Applications for Streets & Public Grounds: New Pioneer Food Co-op for use of
Ven Buren St. for a Midwest Food Festival on 9/26/93, approved. University of Iowa
Homecoming Council for use of pubiic grounds for a Flood Relief Benefit Walk on
10/10/93, epproved. Racquet Master to use public sidewalk during Sidewalk Sales on
9/9-11/93, approved.
Applications for City Plaza Use Permits: Socialist Workers Campaign to set up
a table on City Plaza on 9/11/93, to distribute campaign literature, approved. Billy
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Council Activities
September 28, 1993
Page 2
Howell.Sinnard to set up a table on City Plaza on 9/11, 9/15/93, to distribute free
literature, approved, Fred Slocum to set up a table on City Plaza 9/13.17/93, to
distribute literature and offer t-shirts and buttons for donations, approved.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor repeated
the public hearing as set and declared the motion carried.
Moved by Ambrisco, seconded by Novick, to set a public hearing for 10/12/93, on an
ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an
approximate 1.2 acre tract of land located at 605 and 617 Kirkwood Avenue from CC-2 and
RS-5 to CO-l (Lensing). The Mayor declared the motion carried unanimously, 7/0, all Council
Members present. '
Moved by Novick, seconded by Horowitz, to set a public hearing for 10/12/93, on an
ordinance amending the Zoning Ordinance by changing the use regulations of a 0,139 acre
parcel located immediately south of Block 3 Braverman Center and west of Keokuk St. from
ID.RM to RM.12. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A pUblic hearing on an ordinance amending the Conditional Zoning Agreement for an
approximate 240 acre tract. known as Windsor Ridge. located east of Scott Park, south of
Lower West Branch Road and north of American Legion Road. No one appeared.
Moved by McDonald, seconded by Horowitz. that the ordinance amending the Condi-
tional Zoning Agreement for an approximate 240 acre tract, known as Windsor Ridge. located
east of Scott Park, south of Lower West Branch Road and north of American Legion Road, be
given first vote for consideration. Affirmative roll call vote unanimous. 7/0, all Council Mem-
bers present. The Mayor declared the motion carried.
Moved by Ambrisco, seconded by Horowitz. that the ordinance to vecate a ten-foot
wide walkway right-of'way located along the southwest lot line of the 415 N. Seventh Ave.
property (Stringer), be given first vote for consideration. Kubby and Horowitz stated they
would be supporting this request, since the walkway leads to private property and sew no real
purpose in City ownership. Affirmative roll call vote unanimous. 7/0, all Council Members
present. The Mayor declared the motion carried.
Moved by Horowitz. seconded by Ambrisco. that the ordinance amending the Zoning
Ordinance by changing the use regulations of an approximate 1.65 acre tract of land located
at 702 S. Gilbert St., Iowa City, Iowa from CI.l to CC-2 (Kennedy Plaza), be given first vote
for consideration. Horowitz and Kubby shared concerns regarding clarification of zoning prior
to construction. PCD Director Franklin present for discussion. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Larry Quigley, Advocates for an Accessible Environment, distributed copies of Program
Accessibility of the ADA guidelines and asked for Council help in notifying businesses of the
law concerning accessibility. Asst. City Manager Helling stated enforcement of the ADA is
with the federal government, and stated that the Human Rights Commission could do educa-
tion/promotion of the law. The City Attorney will report back regarding Housing and Inspec-
tion Services possible involvement and if Council could consider accessibility when consider-
ing beer and liquor licenses. Moved by Horowitz, seconded by Novick, to accept the handout
distributed by Mr. Quigley. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present. Michael Berkshire, environmental education planner for ECICOG.
distributed materials regarding two educational programs currently being offered. Moved by
Horowitz, seconded by Ambrisco, to accept materials distributed by Mr. Berkshire. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present. Tom Novak and
Louise Wolf'Novak. 609 Manor D'rive. appeared regerding trees that hed been removed et 608
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Council Activities
September 28, 1993
Pege 3
Eestmoor Drive, and their concerns regarding notification and re.landscaping of the property.
The City Manager will prepare a report on the matter. Don Norris, Santa Rosa, California,
updated Council on Operation Payback started by the city of Santa Rosa to payback Iowa City
for help received after their 1906 earthquake. The Mayor updated Council on a fund raiser in
Allentown, Pennsylvania where a portion of all gate receipts at a local amusement park on
10/2 will be donated to flood relief in Iowa City; and stated he would be in Santa Rosa 10/8-9
for the fund raising auction.
A public hearing was held on a proposed Resolution of Necessity for the 1993 Paving
Assessment Project (Bowery St. alley). Property Owner Tom Mentz appearad in support of
the project. Moved by Novick, seconded by McDonald, to accept correspondence from: Joan
& John Keith Beddow; Katherine & Edward Carolan; and Gregg Ge'erdes representing property
owners F. Neal & Ruth Miller. City Engr. Fosse present for discussion. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Ambrisco, seconded by Horowitz, to adopt RES. 93-262, Bk. 110, p. 262,
WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR
THE'1993 PAVING ASSESSMENT PROJECT (Bowery St. alley). City Engr. Fosse present for
discussion. 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 construction of the 1993 Paving Assessment Project (Bowery St. alley). No ana
appeared.
Moved by Horowitz, seconded by Ambrisco, to adopt RES. 93.263, Bk. 110, p. 263,
ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST (1993
Paving Assessment - Bowery St. alley). Affirmative roll call vote unanimous, 7/0, all Council
Membars present. The Mayor declared the resolution adopted.
Moved by Horowitz, seconded by Ambrisco, to adopt RES. 93.264, Bk. 110, p. 264,
AWARDING CONTRACT, to Streb Construction Co, Inc. for $24,094.00 (1993 Paving
Assessment - Bowery St. alley). City Engr. Fosse present for discussion. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopt.
ed.
The Mayor noted the previously announced vacancies: P&Z Comm. . one vacancy for
an unexpired term ending 5/1/97. This appointment will be made at the 10/12/93 meeting of
the City Council. Bd. of Appeals' one vacancy for a five-year term ending 12/31/98; River-
front & Natural Areas Comm. . one vacancy for a representative of the University of Iowa for
a three-year term ending 12/1/96; Sr. Center Comm. - two vacancies for three-year terms
ending 12/31/96; Design Review Comm. - one vacancy for a three.year term ending
10/26/96. These appointments will be made at the 10/26/93 meeting of the City Council. The
Mayor noted the current vacancies: Bd. of Adjustment - one vacancy for a five. year term
ending 1/1/99; Bd. of Appeals - one vacancy for a five-year term ending 12/31/98; Design
Review Comm. - one vacancy for an unexpired term ending 7/1/95; Human Rights Comm. -
three vacancies for three-year terms ending 1/1/97; P&R Comm. - two vacancies for four-year
terms ending 1/1/98. These appointments will be made at the 11/9/93 meeting of the
Council.
Council Member Horowitz referenced the map and schedule for leaf pick-up in Iowa
City and reminded citizens to pile leaves in the right.of-way not in the street or on the side-
walk. She updated Council on the State League of Iowa Municipalities meeting she and
Council Member Novick attended by reporting on the main points of a speech by the director
of FEMA (Federal Emergency Management Agency) concerning reducing city's risks in netural
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Council Activities
September 28, 1993
Page 4
disasters, and the involvement of Iowa City City Manager on a panel regarding Home Rule.
Ambrisco noted the bright chartreuse school crossing signs and requested t~at they be
implemented throughout the City. City Mgr. Atkins stated the signs were part of a test
program and that he has received a number of positive comments. Ambrisco reported on an
incident where two clients were in town seeking hotel accommodations for one evening 9/27,
and no rooms were available because of the Farm Progress Show. Lodging was secured in
a nearby town at a lower price range hotel for $142. Ambrisco stated his disapproval with
the price and the image projected of the Iowa City community. Novick reported on a presenta.
,tion by Nancy Burns of lOOT regarding bicycles and trails and an ordinance by the City of
Urbandale for trail dedications and redevelopment and urged staff to follow-up on review of
the ordinance; and reported on an incident involving a young mother receiving a ticket for
parking on the lower level of the Capitol Street ramp prior to 10:00 AM. After discussion, the
City Manager stated he would follow-up with the Parking Division regarding policy. Novick
also reminded citizens to vote at the City primary on 10/5. Pigott encouraged people to attend
the University program entitled "With Others of Their Own Kind" staged readings of oral
histories of people who grew up in Iowa institutions scheduled 1019 and 10/1 0 at Riverside
Theater. Kubby thanked everyone for their participation and patience at Toxic Clean.Up Day.
Horowitz asked that a bicyclist be included within the composition of the Transportation
Technical Advisory Committee (TTAC). After discussion it was decided that the matter should
be placed on the October JCCOG Board meeting agenda. Horowitz asked if the Department
of Art at the University could be contacted regarding designing a work of art, using sand
bags, to remember this past summer. Staff will follow-up. In response to Kubby, City Engr.
Fosse stated individuals could drop off their sand bags at the bus barn or call for a pickup.
The Mayor announced the following changes to the Council meeting schedule for the remain-
der of the year: The 10/11 work session is canceled and a work session will be held at 6:30
10/12 prior to the formel meeting; 11/8 work session canceled and a 6:30 work session
scheduled 11/9; work session of 12/6 canceled and a 6:30 work session planned for 12/7;
the 12/20 and 12/21 may be canceled and possibly rescheduled to 12/13 and 12/14. The
City Clerk asked Council Members to keep her informed of absences should a special meeting
need to be scheduled. The Mayor noted a Pancake Breakfastto aid flood relief held at Walden
Place on 9/26 and thanked Clara Thompson who sold 40 tickets at $5 per ticket over the
phone.
City Atty. Gentry reported on the departmental open house and on City Manager
Atkins' flood update presented to the Kiwanis.
Moved by McDonald, seconded by Novick, to adopt RES. 93.265, Bk.11 0, p. 265,
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH
SHIVE-HATTERY ENGINEERS AND ARCHITECTS OF IOWA CITY, IOWA FOR THE PROVISION
OF ENGINEERING DESIGN SERVICES (Rohret Rd. pedestrian overpass). 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 Novick, seconded by Horowitz, to adopt RES. 93-266, Bk. 110, p. 266,
AUTHORIZING THE CITY MANAGER TO FILE A COMMUNITY DEVELOPMENT BLOCK GRANT
(COBG) PROGRAM STATEMENT FOR THE USE OF $175,000 DOLLARS OF SUPPLEMENTAL
CDBG FUNDSAPPROPRIA TED UNDER PUBLIC LAW 103-75, INCLUDING ALL UNDERSTAND-
INGS AND ASSURANCES CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER
AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT (particularly in the
Baculis' and Thetcher Mobile Home Courts). Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Meyor declared the resolution adopted.
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Council Activities
September 28, 1993
Page 5
, Moved by Horowitz, seconded by Ambrisco, to adopt Res. 93-267, Bk. 110, p. 267,
RESOLUTION WITH RESPECT TO INTENT TO FINANCE DISASTER COSTS. In response to
Horowitz, the City Manager stated a summary of programs available for the public will be
made available. Affirmetive roll call vote unanimous, 7/0, all Council Members present. The
Meyor declared the resolution adopted.
Moved by McDonald, seconded by Ambrisco, 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 pessed be suspended, the second consideration and vote be waived
and that ORD. 93-3591, Bk. 36, p. 8, AMENDING CHAPTER 32.1, ARTICLE IV, SCHEDULE
OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA BY AMENDING SECTION 32.1-63,
PARKING FEES AND CHARGES AUTHORIZED IN CHAPTER 23, be voted on for final passage
at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call
vote: Ayes: Courtney, Horowitz, McDonald, Novick, Pigott, Ambrisco. Nays: Kubby. Absent:
none. Moved by McDonald, seconded by Ambrisco, 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 Horowitz, seconded by McDonald, to adjourn 9:35 p.m. The Meyor ileclared
the motion carried unanimously, 7/0, all Council Members present.
Darrel G. Courtney, Meyor
Marian K. Karr, City Clerk
clerkle.2eCo,min
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 12, 1993
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Iowa City City Council, regular mtg., 7:30 p.m. at the Civic Center. Mayor Courtney
presiding. Council Members present: Courtney, Horowitz, Kubby, McDonald, Novick, PlgOlt.
Council Members absent: Ambrlsco. Staffmembers present: Atkins, Helling, Genlry, Karr, Moen,
Fosse, Schmadeke. Council minutes tape recorded on Tapes 93.85, Side 2; 93-87, Both Sides,
The Mayor proclaimed 10/12-24/93 as UNITED NATION'S WEEK; 10/18/93 as IOWA
VALLEY HABITAT DAY; 10/16-23/93 as SPECIAL POPULATIONS WEEK.
Moved by McDonald, seconded by Horowitz, that the following Items and recommenda-
tions In the Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Official Council Actions of the regular meeting of 9/28/93, as published,
subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: P&R Comm. _ 9/8/93; Mayor's Youth
Employment Bd. - 8/25/93; Bd. of AdJustment. 9/8193.
Permit Motions: Approving a Class C Liquor License for La Casa Ltd., dba La Casa
Ltd., 1200 S. Gilbert Ct. Approving a Class C Liquor License for Hilltop Tavem Ltd., dba
Hilltop Lounge, 1100 N. DOdge St. Approving a Class E Beer Permit for Eagle Food
Centers, Inc., dba Eagle Food Center #220, 1101 S. Riverside Dr. Approving a Class C
Beer Permit for MillerMart, Inc" dba MillerMart, Inc., 2303 Muscatlne Ave. Approving a
Class C Beer Permit for Inland Transport Company dba Kirkwood 76 Mart, 300 KirkwOOd
Ave. Approving a Class C Liquor License for Leegh Enterprises, Inc., dba Legends Sports
Diner, 224 S. Clinton St. Approving a refund for a Special Class C Liquor License for
Leegh Enterprises, Inc. dba Legends Sports Diner, 224 S. Clinton St.
Seltlng Public Hearings: Selting a public hearing for 10/26/93, on the City's
proposed Comprehensive Housing Affordabillty Strategy (CHAS).
Resolulions, Bk. 110: RES. 93-268, p. 268, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY
LOCATED AT 512 SOUTH SUMMIT STREET, IOWA CITY, IOWA. RES. 93-269, p. 269,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF A LIEN REGARDING THE PROMISSORY NOTE FOR PROPERTY
LOCATED AT 2018 UNION ROAD, IOWA CITY, IOWA. RES. 93-270, p. 270, ACCEPT-
ING THE WORK FOR THE CIVIC CENTER EAST LOWER LEVEL REMODELING. RES,
93-271, p. 271, ACCEPTING THE WORK FOR THE COLLEGE STREET BRIDGE DECK
AND SIDEWALK REHABILITATION PROJECT. RES. 93,272, p. 272, ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING
IMPROVEMENTS FOR WALDEN WOOD, PART 4. RES. 93.273, p. 273, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE
AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT
AGREEMENT FOR IDYLLWILD CONDOMINIUMS. RES. 93-274, p. 274, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
PORTION OF A STORM SEWER EASEMENT LOCATED ON LOT 77, WALDEN WOOD,
PART 6, IOWA CITY, IOWA AND TO EXECUTE A NEW WATER MAIN, SANITARY
SEWER AND STORM SEWER EASEMENT AGREEMENT FOR THAT PROPERTY.
Correspondence: Mark COillns, Sign Produclions, regarding Iowa City's Sign
Ordinance. Ute Grlmlund of North Liberty expressing complain Is about Iowa City's oil and
battery drop off area. P&R Comm. regarding the soulh site soccer development. Aaron
Wolfe, Publisher of ICON, expressing displeasure at the possible regulalion of the
newspaper vending machines. Amy Kolen regarding blcycilsts In Hickory Hill Park. Pelilion
from residents In Normandy Dr. area (memo from City Mgr. attached).
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Council Activities
October 12, 1993
Page 2
Applications for Streets & Public Grounds: Regina High School to have their
Homecoming Parade 9/30/93, approved, John Gross to close a portion of Kirkwood Ave.
10/10/93, approved. Iowa Clly Hospice Road Races to have 17th Annual Road Races on
10/24/93, approved. Mike Foley to have D.O.C. Dash on 10/2/93, approved. University of
Iowa Homecoming Council 10 use Dubuque Street between Iowa Ave. and Washington
St. for a Big Wheel Race on 10/14/93, approved.
Applications for Clly Plaza Use Permlls: Fred Slocum from Committee to Organize
Grad Students to set up a table on City plaza during 9/20-25/93, 9/27-1011/93 and 1014.
8193, to solicll signatures on a petillon, approved. Wldd Workman from the Church of
Jesus Christ of Latter Day Saints to set up a table on Clly Plaza 9/29-1013/93 and 10/6.
13/93, to distribute free Information, approved. James E. Perdue from A.C.C.1. of
Indianapolis to set up a table on Clly Plaza 10/11-15/93 to take applications from
University students for credit cards, denied.
Motions: Consider a motion to accept the abstract of votes for the Iowa City
Primary Election of 10/5/93.
Affirmative roll cali vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried
and repeated the public hearing as set.
A public hearing was held on an ordinance amending the Zoning Ordinance by
condlllonaliy changing the use regulations of an approximate 1.2 acre tract of land located at 605
and 617 Kirkwood Ave. from CC.2 and RS-5 to CO.1 (Lensing). Owner Michael Lensing
appeared.
A public hearing was held on an ordinance amending the Zoning Ordinance by changing
the use regulations of a 0.139 acre parcel located Immediately south of Block 3 Braverman
Center from ID-RM, to RM.12. No one appeared.
Moved by McDonald, seconded by Novick, that the ordinance amending Ordinance 93.
3565 and the CondiUonal Zoning Agreement for an approximate 240 acre tract, known as Windsor
Ridge, located east of Scott Park, south of Lower West Branch Road and north of American
Legion Road, be given second vote for consideration. Affirmative roll cali vote unanimous, 6/0,
Ambrlsco absent. The Mayor declared the motion carried.
Moved by McDonald, seconded by Horowitz, that the ordinance vacating the ten.foot wide
walkway right-of-way located adjacent to the southwest lot line of Lot 21, Windsor Heights, Fifth
Addition, Iowa City, Iowa (Stringer), be given second vote for consideration, Affirmative roli cali
vote unanimous, 6/0, Ambrlsco absent. The Mayor declared the motion carried.
Moved by McDonald, seconded by Horowitz, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at which
Ills to be finaliy passed be suspended, the second consideration and vote be waived and that
ORD, 93-3592, Bk. 36, p. 9, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE 1.65 ACRE TRACT OF LAND LOCATED AT 702
SOUTH GILBERT STREET, IOWA CITY, IOWA, FROM CI-1, INTENSIVE COMMERCIAL, TO
CC-2, COMMUNITY COMMERCIAL (Kennedy Plaza), be voted on for final consideration at this
time. Affirmative roll call vote unanimous, 6/0, Ambrlsco absent. The Mayor declared the motion
carr/ed, Moved by McDonald, seconded by Novick, that the ordinance be finally adopted at this
time. AHlrmative roll cali vote unanimous, 6/0, Ambrlsco absent. The Mayor declared the
ordinance adopted.
Moved by Horowitz, seconded by Novick, to adopt RES, 93-275, Bk. 110, p. 275,
APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE SUBDIVISION, PART ONE,
JOHNSON COUNTY, IOWA. AHlrmative roll cali vote unanimous, 6/0, Ambrlsco absent. The
Mayor declared the resolution adopted,
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Council Activities
October 12, 1993
Page 3
Harold Engen, Senior Center Commission, updated Council on the Center, and announced
the formulation of a visionary committee to work on a five year pian/strategies for the future
direction of the Center. Kubby noted two Senior Center Commission vacancies. Teresa
Mclaughlin, United Way Director, Introduced herself, updated Council on the campaign, and
Invited CouncJl Members to four agencies with her.
The Mayor noted the previously announced vacancies: Bd, of Appeals _ one vacancy for
a five-year term ending 12/31198; Riverfront & Natural Areas Comm. _ one vacancy for a
representative of the University of Iowa for a three.year term ending 12/1/96; Sr. Center Comm. _
two vacancies for three.year terms ending 12/31/96; Design Review Comm. _ one vacancy for
a three.year term ending 10/26/96. These appointments will be made at the 10/26/93 meeting of
the City Council. Bd. of Adjustment - one vacancy for a flve.year term ending 1/1199; Bd. of
Appeals. one vacancy for a flve.year term ending 12/31/98; Design Review Comm. . one
vacancy for an unexpired term ending 7/1/95; Human Rights Comm. _ three vacancies for three.
year terms ending 1/1/97; P&R Comm. -two vacancies for four-year terms ending 1/1198. These
appointments will be made at the 11/9/93 meeting of the Council. The Mayor noted the current
vacancies: Mayor's Youth Employment Bd.. one vacancy for unexpired term ending 3/27/96. This
appointment will be made at the 11/23/93 meeting of the City Council.
Moved by Horowitz, seconded by McDonald, to appoint Jane Jakobsen, 1204 E.
Washington SI. to the P&z Comm. to fill an unexpired term ending 5/1/97, The Mayor declared
the motion carried, 6/0, Ambrlsco absent.
Council Member Kubby noted the letter on the Consent Calendar regarding biCYClists In
Hickory Hill Park, and suggested the bike patrol target peak times. Novick suggested sIgns
showing bikes are not ailowed In Hickory Hill Park and ilsting parks providing bike trails. Kubby
also questioned when the Airport Commission might be discussing the airport relocation. The
Mayor stated the next meeting was scheduled for 10/14. Pigott referenced the request from Larry
Quigley (Advocates for an Accessible Envlronment)and asked Council consideration of an
Incentive program for downtown businesses to comply with ADA guidelines, Novick acknowledged
the work of the University of Iowa Homecoming Commillee, the selection of the Homecoming
King and Queen, and encouraged everyone to attend the Homecoming Parade. She also
reported on the Senior Center Volunteer Dinner, and the parking ticket policy at the Capitol Street
Ramp. Horowitz echoed comments regardIng the Senior Center Volunteer DInner, remInded
citizens of the Human Rights Breakfast scheduled 10/20, and the Hospice Road Race on 10/24.
Mayor Courtney reviewed his trip to Santa Rosa, California, for Operation Payback.
The City Manager reported that with the water recedIng citizens expectation levels
regarding maintenance activities are Increasing. He noted that street damages from last winter
will not be completed this year, the City Is also experiencing difficulties securing contractors
because of the large demand for their services, and discussions will be scheduled regarding
protecting new construction properties In the future. The City Manager also announced Iowa City
has received notification from HUD of a grant of a little over $3 million for the construction of 13
new allordable housing units, another 20 units of housing to replace the stock sold In the
program, and the addition of 50 certlllcates and vouchers bringing the city's total publfc housing
stock to about 95 units.
The City Attorney stated she would be out of the ollice 10/15 doing a legal continuing
education presentation on environmental law In Des Moines.
Moved by Novick, seconded by Horowitz, to adopt RES, 93-276, Bk. 110, p. 276,
AMENDING THE BUDGET AND CREATING THE POSITION OF PARKING AND TRANSIT
DIRECTOR AND AMENDING THE CONFIDENTIAUADMINISTRATIVE AND EXECUTIVE PAY
PLAN. Individual Council Members expressed their opinions. Affirmative roll call vote unanimous,
6/0, Ambrlsco absent. The Mayor declared the resolution adopted.
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Council Activities
October 12, 1993
Page 4
Moved by Horowitz, seconded by McDonald, to adopt RES. 93-277, Bk. 110, p. 277,
AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE
CONSTRUCTION OF THE 1993 PAVING ASSESSMENT PROJECT (Bowery St. alley).
Affirmative roll call vote unanimous, 6/0, Ambrlsco absent. The Mayor declared the resolution
adopted.
Moved by Horowitz, seconded by McDonald, to adopt RES. 93.278, Bk. 110, p. 278,
APPROVING CONTRACT AND BOND for the 1993 Paving Assessment Project.Bowery St. alley.
Affirmative roll call vote unanimous, 6/0, Ambrlsco absent. The Mayor declared the resolution
adopted.
Moved by McDonald, seconded by Horowitz, to adopt RES. 93-279, BK. 110, p. 279,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A WATER MAIN
EASEMENT AGREEMENT, A SANITARY SEWER EASEMENT AGREEMENT AND A STORM
WATER DETENTION FACILITY EASEMENT AGREEMENT FOR THE MENARD'S FACILITY
LOCATED ON THE DANE TRACT. Affirmative roll call vote unanimous, 6/0, Ambrisco absent.
The Mayor declared the resolution adopted.
Moved by Horowitz, seconded by McDonald, to adopt RES. 93-280, Bk. 110, p. 280,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR
RECYCLING SERVICES WITH CITY CARTON COMPANY,INC., OF IOWA CITY, IOWA. Public
Works Director Schmadeke and City Carton President John Ockenfels present for discussion.
Affirmative roll call vote unanimous, 6/0, Ambrlsco absent. The Mayor declared the resolution
adopted,
Moved by McDonald, seconded by Horowitz, that the ordinance to consider Wastewater
Treatment Works User Ordinance, be given first vote for consideration. Public Works Director
Schmadeke present for discussion. Affirmative roll call vote unanimous, 6/0, Ambrlsco absent.
The Mayor declared the motion carried.
Moved by Horowitz, seconded by Novick, that the ordinance to consider a Wastewater
Treatment Works Indirect Discharge, be given first vote for consideration. Affirmative roll call vote
unanimous, 6/0, Ambrlsco absent. The Mayor declared the motion carried.
Moved by Horowitz, seconded by Novick, thlltthe ordinance amending Chapter 23, ArtIcle
II, Administration and Enforcement, of the Code of Ordinances of Iowa Clly, Iowa, by amending
Section 23-21, Impoundment (Parking), be given first vote for consideration. Affirmative roll call
vote unanimous, 6/0, Ambrlsco absent. The Mayor declared the motion carried.
Moved by McDonald, seconded by Horowitz, to adjourn 9:20 p.m. The Mayor declared the
motion carried unanlmously, 6/0, Ambrlsco absent.
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City of Iowa City
MEMO'RANDUM
Date:
October 19, 1993
Mayor and City Council
To:
From: City Clerk
Re: Council Work Session, October 12, 1993 - 6:30 PM in the Council Chambers
Mayor Darrel G. Courtney presiding. Councllmembers present: McDonald, Pigott, Novick, Horowitz,
Kubby, Courtney. Absent: Ambrlsco. Staff present: Atkins, Helling, Gentry, Karr, Moen. Tape
recorded on Reels 93.86, Side 2.
PLANNING AND ZONING MATTERS Reel 93.86, Side 2
Senior Planner Moen presented the following Planning & Zoning iter,ns: 1
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a. Public fiearino on an ordinance amendlno the Zonlno Ordinance bv conditlonallv chanolno the Ii Ii
use reoulatlons of an BOoroxlmate 1.2 acre tract of land located at 605 and 617 Kirkwood I"
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Avenue from CC-2, Community Commercial, and RS-S. Low Density Sinole-Familv Residential, ~ ! "
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to CO.1. Commercial Office. ILenslno/REZ93.0008) :! i
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b. Public hearino on an ordinance amendlno the Zonlno Ordinance bv chanolno the use ,:1 j;;
r90ulatlons of a 0.139 acre oarcellocated Immedlatelv south of Block 3 Braverman Center and
west of Keokuk Street from ID-RM, Interim Develooment Multl.Familv Residential. to RM.12, I ,
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Low Density Mulll.Familv. IREZ93.0011l "
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c. Ordinance amendlno the conditional zonlno aoreement for an aooroximate 240 acre tract, !' I
known as Windsor Rldoe. located east of Scott Park. south of Lower West Branch Road and I
north of American Leoion Road. (Second conslderatlonl (REZ92-0013l I
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d. Ordinance to vacate a ten.foot wide walkwav rloht.of-wav located alono the southwest lot line "
of the 415 N. Seventh Avenue orooertv. (Second conslderatlonlIStrlnoerNAC93.0002)
e. Ordinance amendlno the Zonlno Ordinance bv chanolno the use reoulatlons of an aooroxlmate
1.65 acre tract of land located at 702 S. Gilbert Street, Iowa Ciiv.lowa. from CI-1, Intensive
Commercial, to CC.2, Communitv Commercial. (Second consideratlonl (Kennedv .. :-/
PlazaJREZ93.0009)
f. Resolution aoorovlno the orelimlnarv olat of Windsor Rldoe, Part One, Johnson County, Iowa.
{SUB93.0012l
COUNCIL TIME/AGENDA
Reel 93.86, Side 2
1. (Agenda Item #3f(1)) - Letter from Mark Collins regarding sign ordinance. Kubby requested
that this matter be referred to the appropriate Board for response and recommendations to
Council.
2.
(Agenda item #3f(2) . Letter from Ule Grlmlund regarding oil and battery drop.off area.) In
response to Kubby, City Manager Atkins stated he will foliow up.
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3.
(Agenda Item #31(3) . Letter from Parks & Recreation Commission regarding soccer site
development.) Kubby asked where the City obtains money to match requests from private
groups. Atkins stated that requests for funds for south side soccer development will be
discussed at budget time. Kubby requested that staff prepare a list 01 all new Items that are
In the budget. City Manager Atkins stated that he would prepare a brief summary.
(Agenda Item #3e(6) - Stonnwater agreement for Idyllwlld Condominiums.) Novick noted that
the agreement to put somp 01 the slormwaler obligations for Idyltwild Into an escrow account
does not have a deadline. City A<<orney Gentry explained that Public WOrks/Englneering did
not want a deadline and that the agreement depends upon how rapidly the area is developed.
(Agenda Items #15 and 16 - Wastewater treatment works user ordinance and Indirect
discharge ordinance.) City Clerk Karr explained to Councli the cover sheet of Agenda Item
#15 and #16 were exchanged and should be reversed.
Kubby asked how the use of wetlands, buildable and non.buildable, will affect the City's future
flexibility to make decisions about tertiary treatment of wetlands as It relates to Sycamore
Farms. Senior Planner Moen explained that the Planning and Zoning Commission held a
meeting In September at which they dealt exclusively with Sycamore Farms. Moen reported
the Commission Indicated to the developer that it wouldn't be necessary within the
conservation easement to address the Issue of tertiary treatment; If the City Is Interested In the
use of those wetlands for that particular purpose, that they would secure those rights. In
response to Kubby, Moen stated that If the conservation easement Is slient then the City does
not have the right to use that land for that purpose. Moen stated that given the Planning and
Zoning Commission's present attitude, they are Interested In the conservation easement route;
however, it Is not their sentiment to include or preserve the right to use that land for tertiary
treatment for the future.
4.
5.
6.
7.
Kubby Inquired about the technical advisory committee for environmental Issues. Moen
explained that presently staff has contracted to have an inventory done of environmentaliy
sensitive features within the corporate limits of Iowa City and within the fringe areas and are
looking to develop a technical advisory committee of local experts that would be able to advise
staff, Commission and Council about how to go about protecting environmental resources.
(Agenda item #3f(4) - Letter lrom Aaron Wolfe, publisher of ICON - newspaper vending
machines.) Horowitz requested that staff prepare a response to ICON. Mayor Courtney asked
that an ordinance be prepared. City Attorney Gentry stated that she will prepare an ordinance
that will Include a lottery, pennltlogos, and will permit more than one machine per newspaper.
(Agenda Item #31(5) . letter Irom Amy Kalen regarding bicyclists In Hickory Hill Park.) In
response to Pigott, Atkins stated the letter has been fOlWarded to the Parks & Rec
Commission.
8.
9.
APPOINTMENTS
Reel 93.86, Side 2
Planning and Zoning Commission - Jane Jakobsen, 1204 E. Washington Street
Meeting adjourned at 7:20 PM.
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