HomeMy WebLinkAbout1994-11-08 Council minutes
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OFFICIAL COUNCIL ACTIONS-10/25/94
The cost of publishing the following
proceedings and claims is $
Cumulative cost for this calendar year for said
publication is $
Iowa City City Council regular meeting, 7:30
p.m. at the Civic Center. Mayor Horowitz
presiding. Council Members present: Baker,
Horowitz, Lehman, Novick, Pigott,
Throgmorton. Absent: Kubby.
The Mayor presented the Outstanding
Student Citizen Awards to students of Helen
Lemme Elementary School: Megan Ansley, T.J,
Meyerholz, Brie Nixon, Anna Stephan.
The Mayor presented the Certificate of
Achievement for Excellence Award for the
Comprehensive Annual Financial Report for the
year ending June 30, 1993 to Finance Director
Don Yucuis.
The Mayor proclaimed Change Your Clock,
Change Your Battery Day - October 30; Red
Ribbon Week - October 23-31, Deb Hannes,
Mecca, accepted.
Moved and seconded that the following
items and recommendations in the Consent
Calendar be received, approved, and/or adopted
as amended:
, Approval of Official Council Actions of
the regular meeting of October 11 and the
special meeting of October 18 as published,
subject to corrections, as recommended by
the City Clerk.
Minutes of Boards and Commissions:
Design Review Comm. meeting of
September 19; Bd. of Library Trustees
meeting of September 22, September 29;
Parks and Recreation Comm. meeting of
September 28; Housing Comm, meeting of
September 13; Charter Review Comm.
meeting of October 12; Broadband
Telecommunications Comm. meeting of
September 21; Planning and Zoning Comm.
meeting of October 3, October 6.
Permit Motions: Class "C" Beer Permit
for Millermart, Inc., 2303 Muscatine Ave.
Class "E" Beer Permit for Eagle Food Center
#220, 1101 S. Riverside Dr.
Setting Public hearings: RES. 94.325,
SETTING A PUBLIC HEARING ON AN
ORDINANCE AMENDING TITLE 3 OF THE
CITY CODE ENTITLED "FINANCES,
TAXATION & FEES," CHAPTER 4 ON CITY
UTILITIES TO INCREASE THE RATES FOR
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Official Actions
October 25, 1994
Page 2
FEES AND CHARGES FOR POTABLE
WATER USE AND SERVICE, AND
WASTEWATER TREATMENT WORKS USER
CHARGES.
Motions: Approve Disbursements in the
amount of $10,674,064.09 for the period
of September 1 through September 30, as
recommended by the Finance Director
subject to audit.
Resolutions: RES. 94-326,
AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST PARTIAL
RELEASE AGREEMENTS CONCERNING THE
STORMWA TER MANAGEMENT EASEM ENT
FOR WINDSOR RIDGE PARTS 1, 2, 3, 4
AND 5 AND THE PUBLIC WALK-
WAY/TRAILS SYSTEM FOR WINDSOR
RIDGE PARTS 1 & 4. RES. 94-327,
AUTHORIZING EXECUTION OF
AMENDATORY AGREEMENT #12 AND
ADDENDUM FOR LEAD BASE PAINT TO
THE CONSOLIDATED ANNUAL CONTRIBU-
TIONS CONTRACT BETWEEN THE CITY
AND THE FEDERAL GOVERNMENT FOR
PUBLIC HOUSING GRANT NUMBER
IA05P022010. RES. 94-328, AUTHORIZING
THE APPOINTMENT OF MR. DOUGLAS
BOOTHROY AS THE PROJECT OFFICER
FOR THE ACQUISITION OF 10 UNITS OF
PUBLIC HOUSING FOR THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
PROJECT IA05P022010, RES. 94-329,
AUTHORIZING THE ADOPTION OF THE
FAMILY SELF SUFFICIENCY ACTION PLAN
OF THE IOWA CITY HOUSING AUTHORITY.
RES. 94-330, AUTHORIZING EXECUTION
OF CONSOLIDATED ANNUAL
CONTRIBUTIONS CONTRACT KC-9033.
PROJECT NO. IA05-V022-018. RES. 94-
331, ACCEPTING THE WORK FOR THE
SANITARY SEWER, STORM SEWER, TILE
LINE, WATER MAIN, PAVING AND
DETENTION BASIN RELEASE STRUCTURE
PUBLIC IMPROVEMENTS FOR WINDSOR
RIDGE - PARTS ONE, TWO, THREE AND
FOUR, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE. RES. 94-332,
AUTHORIZING EXECUTION OF AN
AGREEMENT FOR USE OF PUBLIC RIGHT-
OF.WAY BETWEEN THE CITY OF IOWA
CITY, ARLINGTON L.C., AND WINDSOR
RIDGE HOMEOWNERS' ASSOCIATION FOR
PLACEMENT OF AN ENTRANCE SIGN ON
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Official Actions
October 25, 1994
Page 3
STREET RIGHT-OF-WAY WITHIN THE
WINDSOR RIDGE DEVELOPMENT.
Correspondence: Penny Bryn
Neighborhood Association expressing
appreciation to the City Council for acting
on the concerns of the neighborhood by
establishing on a trial basis a pattern of stop
signs. Iowa Arts Festival requesting use of
the parking lot adjacent to the Holiday Inn
for the entire nine-day festival, June 9-17,
1995. Tom and Sue Aunan expressing their
views on the proposal for solid waste
collection and on the transit buses. State
Historical Society of Iowa announcing the
listing of the Brown Street District in the
National Register of Historic Places. Mark
Ginsberg requesting financial support from
the City for the 1995 Jazz Festival. Robby
Wall regarding soccer fields. Letters
regarding the garden in public right-of-way
at 61 B North Gilbert from: Nellie W. and
Charles R. Kremenak; James M. and Marci
S. Lindsay. County Attorney White
regarding Conditional Zoning Agreement for
the south wastewater treatment plant.
Letters concerning the Neighborhood Open
Space ordinances from: Executive Officer of
the Home Builders Association; Harvey
Wehde; Bruce R. Glasgow. Memoranda
from the Traffic Engineer regarding: Stop
sign installation in the Near Northside
Neighborhood; Stop sign installation in the
Teg/Aber Neighborhood; Stop sign
installation in the Creekside Neighborhood;
No parking anytime on Westside Drive; Time
limit for parking meters on the north side of
300 Court Street; No parking between signs
in the 400 block of South Linn Street.
Applications for Use of Streets and
Public Grounds: Marcia Klingaman for
permission to use a portion of the 700 block
of Rundell Street for a block party on
October 9, approved.
Applications for City Plaza Use Permits:
Iowa Socialist Workers Campaign to set up
a table for the purpose of distributing
campaign literature on October 19,
approved.
The Mayor declared the motion carried.
Renee Paine, Director of Public Access
Television, announced new staff assisted series
. programming and reminded citizens of the
annual meeting scheduled November 17, 6:30
p.m., at the Library. Ron Vogel and Douglas
Jones, B 16 Park Rd., appeared regarding the
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Official Actions
October 25, 1994
Page 4
report on pesticides and drinking water written
by the environmental working group and
Physicians for Social Responsibility, and urged
Council Members to read the report. Carol
Godiksen, Executive Director of the
Homebuilders Assn., requested Council not
waive any of the three considerations on the
neighborhood open space ordinance to allow
Council time to review comments received from
the National Homebuilders Assn. John Balmer,
10 Princeton Ct., urged Council to consider the
ramifications of accepting grant money for
hiring of police officers after the grant runs out;
asked Council to look at all the factors of
volume based garbage rate increases; asked
Council to educate the public on new rules and
regulations being promulgated from the federal
level and suggested challenging some of them;
complimented the City's Solid Waste
Department for their outstanding service; and
suggested a spring leaf pick-up. Bruce
Glasgow, B34 N. Johnson, appeared regarding ... ~~
the proposed water facility and possible use of ~--
the Coralville Ganr. Moved and seconded to
accept correspondence submitted by Mr.
Glasgow. The Mayor declared the motion
carried. Dick Dolezal, 1111 Marcy, appeared
regarding increased water and sewer rates;
recycling charges; the City's telephone system;
monthly billing procedures for utilities; the
hiring of B new police officers with grant
money; and bicycle paths. Doug Jones, B16
Park Rd., urged the City to acquire the
Coralville 4am and fix it up. Jerry Arganbright,
West High Principal, asked if Council would be
discussing the instellation of a traffic light on
Melrose. The Mayor stated the matter would
be discussed under Council time. Anna Buss,
525 W. Benton, appeared regarding the
proposed increase in water and sewer rates and
the impact on rents, and thanked Council for
their decision to go with weekly pick-up of
recyclables. Bruce Glasgow, 834 N. Johnson,
appeared regarding the neighborhood open
space ordinance.
Moved and seconded to set a public hearing
for November 8, 1994, on an amendment to
City Code Section 14-6E-2, Neighborhood
Commercial Zone (CN-1I, to allow restaurants
as provisional uses or by special exception with
specific restrictions, and car washes by special
exception with specific restrictions. The Mayor
decl,ared the motion carried.
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Official Actions
October 25, 1994
Page 5
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Moved and seconded to set a public hearing
for November 8 on an ordinance vacating a
portion of Waterfront Drive located southeast
of the CRANDIC Railroad right-of-way. The
Mayor declared the motion carried.
Moved and seconded to set a public hearing
for November 8 on amendments to City Code
Section 14-6B-2, Section 14-6E.8, Section 14-
6E- 7 and Section 14-6E-6 to permit restaurant
carry-out uses in the CB-10, CB-5 and CB-2
zones. The Mayor declared the motion carried.
A public hearing was held on amendments
to the Zoning Ordinance, Section 14-6N-1, Off-
Street Parking Requirements, to require parking
spaces for commercial uses in the Central
Business Support Zone.
Moved and seconded that the ordinance
amending Title 14, Chapter 6, Article J,
Section 2 of the City Code of Iowa City, Iowa,
entitled "Planned Development Housing Overlay
Zone" to require dedication of land or payment
of fees in lieu of land for neighborhood open
space, be given first vote for consideration.
Moved and seconded to amend the ordinance
definition of dwelling unit as recommended by
staff. The Mayor declared the motion to
amend carried. The Mayor declared the motion
to give first consideration carried.
Moved and seconded that the ordinance
amending Title 14, Chapter 7, "Land Subdivi.
sions," of the City Code by adding a new
article D entitled "Dedication of Land or
Payment of Fees in Lieu of Land for
Neighborhood Open Space," be given first vote
for consideration. Moved and seconded to
amend the ordinance definition of dwelling unit
as recommended by staff. The Mayor declared
the motion carried to amend. The Mayor
declared the motion to give first consideration
carried.
Moved and seconded that the ordinance
amending Title 14, Unified Development Code,
Chapter 7, Land Subdivisions, by amending
Article A of the City Code to require review and
approval of the division of land prior to
recording, be given first vote for consideration.
The Mayor declared the motion carried.
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 finaily passed
be suspended, the second consideration and
vote be waived, and that ORD. 94.3643,
AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF
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Official Actions
October 25, 1994
Page 6
APPROXIMATELY 1.02 ACRES OF LAND
LOCATED NORTH ON SCOTT PARK DRIVE
EXTENDED, IOWA CITY, IOWA, 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 that the ordinance
amending the Zoning Ordinance to allow
crematoriums as an accessory use to a funeral
home, be given second vote for consideration.
The Mayor declared the motion carried.
Moved and seconded that the ordinance
amending the Zoning Ordinance to change the
use regulations of a 5.52 acre property located
east of Waterfron,t Drive and the CRANDIC
Railroad right.of-way from CI-l, intensive
Commercial, to CC-2, Community Commercial,
be given second vote for consideration, The
Mayor declared the motion carried.
Moved and seconded to adopt ORD. 94,
3644, AMENDING THE ZONING ORDINANCE
BY CHANGING THE USE REGULATIONS OF A
5.11 ACRE PROPERTY LOCATED EAST OF
WELLINGTON DRIVE FROM RS.5, LOW
DENSITY SINGLE-FAMILY RESIDENTIAL, TO
OPDH-5, A PRELIMINARY PLANNED
DEVELOPMENT HOUSING IPDHI PLAN FOR
WELLINGTON CONDOMINIUMS, IOWA CITY,
IOWA.
Moved and seconded to adopt ORD. 94-
3645, AMENDING THE ZONING ORDINANCE
BY CHANGING THE USE REGULATIONS FOR
PROPERTY LOCATED IN THE VICINITY OF THE
MORMON TREK BOULEVARD/HIGHWAY 1
INTERSECTION FROM COUNTY A 1 TO CI-l,
INTENSIVE COMMERCIAL, AND TO CHANGE
THE USE REGULATIONS FOR AN
APPROXIMATE 3.07 ACRE TRACT OF LAND
NORTHWEST OF THE INTERSECTION FROM
COUNTY R1A TO CO-l, COMMERCIAL
OFFICE.
Moved and seconded to defer to November
22 an ordinance amending the Zoning
Ordinance to rezone the City's south waste-
water treatment plant site to P, Public. The
Mayor declared the motion carried.
Moved and seconded to adopt RES. 94-333,
EXTENDING THE EXPIRATION DATE FOR THE
AMENDED PRELIMINARY PLAT OF HUNTERS
RUN SUBDIVISION, PART EIGHT.
Moved and seconded to defer to November
22 a resolution stating the City's commitment
to provide a north access to the South
Wastewater Treatment Plant Site and to
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Official Actions
October 25, 1994
Page 7
restrict the use of Nursery Lane. The Mayor
declared the motion carried.
Moved and seconded to combine the
following public hearings: 7. public hearing on
an ordinance amending Title 14, City Code of
Iowa City, Iowa, Unified Development Code, by
amending Chapter 9, Article A, entitled
"Parking Facility Impact Fee"; 8. public hearing
on a proposed Near Souths ide Commercial
Urban Revitalization plan for a proposed Urban
Revitalization Area in the City of Iowa City,
Iowa; 9. public hearing on a proposed Near
Southside Residential Urban Revitalization Plan
for a proposed Urban Revitalization area in the
City of Iowa City, Iowa. The Mayor declared
the motion carried. The following individuals
appeared: Craig Willis, Chamber of Commerce,
Downtown Expansion Task Force, and owner
of enterprise associated with the area; Kevin
Hanick, 1830 Friendship St.; Larry Hanson,
MidAmerica Bank; John Gross, co.owner
downtown business; John Murphy, Downtown
Association; Dean Thornberry, representing Dr.
Zimmerman, All Pets Veterinary Clinic; Dell
Richard, attorney with practice located in the
area; Douglas Jones, 816 Park Rd.; and Ray
Novick, owner Electronic Cave. Moved and
seconded to accept correspondence from: Plaza
Centre One Owners; John Hayek, representing
MidAmerica Savings Bank. The Mayor declared
the motion carried.
The Mayor noted the previously announced
vacancies: Parks and Recreation Comm. . Two
vacancies for four-year terms ending January
1, 1999; Human Rights Comm. - Three
vacancies for three-year terms ending January
1, , 998; Bd. of Adjustment - One vacancy for
a five.year term ending January 1, 2000.
These appointments will be made at the
November 8 meeting of the City Council. Parks
and Recreation Comm. - One vacancy for a
four-year term ending January 1, 1999, This
appointment will be made at the November 22
meeting of the City Council.
The Mayor noted the current vacancies:
Housing Comm. . . One vacancy for an
unexpired term ending May 1, 1996;
Committee on Community Needs - One
vacancy for an unexpired term ending April 1,
1995. These appointments will be made at the
December 6 meeting of the City Council.
Moved and seconded to re.appoint Robert
Carlson, 1122 Penkridge Dr. to the Board of
Appeals for a building design professional for a
five-year term ending December 31, 1999; and
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Official Actions
October 25, 1994
Page 8
;
eppoint Walter Shelton, 1532 Tracy Lane and
Robert Kemp, 1122 Estron St. to the Senior
Center Comm. to fill two vacancies for three-
year terms ending December 31, 1997. The
Mayor declared the motion carried.
The following individuals appeared regarding
traffic difficulties on Melrose Avenue near West
High: Jerry Arganbright, West Hi9h Principal;
Jeremy Brown, Student Senate President;
Joane Margolin, West High parent; Mary Gantz,
West High parent; Nancy Perkins, Walnut
Ridge; Darcy Koehn, West High parent; and
Ted Murphy, Galway Hills. After discussion,
Council directed staff to install a temporary
traffic signal at the intersection, and if
necessary delay installation of a signal at Lower
Muscatine and Mall Drive.
Moved and seconded to adopt RES. 94-334,
AUTHORIZING EXPENDITURE IN THE AMOUNT
OF $50,000 FROM THE GENERAL FUND
CONTINGENCY ACCOUNT FOR THE PURPOSE
OF COMPLETING THE SCHEMATIC DESIGN
AND COST ESTIMATING PHASE OF AN
EXPANSION AND RENOVATION PROJECT
PLANNED FOR THE IOWA CITY PUBLIC
LIBRARY.
Moved and seconded that the ordinance
amending Title 2, entitled "Human Rights" of
the Code of Ordinances of the City of Iowa
City, to repeal the Title and adopt a new Title
to be known as "Iowa City Human Rights
, Ordinance", be given second vote for
consideration. The Mayor declared the motion
carried.
Moved and seconded to adjourn 11 :07 p.m.
The Mayor declared the motion carried.
For a more detailed & complete description
of Council Activities & Disbursements, see
Office of City Clerk and Finance Department.
s/SUSAN M. HOROWITZ, MAYOR
s/M RIAN K. KARR, ~IJY CLERK
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 25,1994
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Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz
presiding. Council Members present: Baker, Horowitz, Lehman, Novick, Pigott, Throgmorton.
Absent: Kubby. Staffmembers present: Atkins, Helling, Gentry, Karr, Franklin, Schoon, Shank,
Henderson, Yucuis, Craig, Burnside. Council minutes tape recorded on Tapes 94-119, Side
2; 94-123, Both Sides; 94-124, Both Sides.
The Mayor presented the Outstanding Student Citizen Awards to students of Helen
Lemme Elementary School: Megan Ansley, T.J. Meyerholz, Brie Nixon, Anna Stephan.
The Mayor presented the Certificate of Achievement for Excellence Award for the
Comprehensive Annual Financial Report for the year ending June 30, 1993 to Finance Director
Don Yucuis.
The Mayor proclaimed Change Your Clock, Change Your Battery Day - October 30,
1994; Red Ribbon Week - October 23-31, 1994, Deb Hannes, Mecca, accepted.
Moved by Novick, seconded by Throgmorton, that the following items and recommen-
dations in the Consent Calendar be received, approved, and/or adopted as amended:
Approval of Official Council Actions of the regular meeting of October 11,
1994, and the special meeting of October 18, 1994, as published, subject to correc-
tions, as recommended by the City Clerk.
Minutes of Boards and Commissions: Design Review Comm. meeting of
September 19, 1994; Bd. of Library Trustees meeting of September 22, 1994,
September 29, 1994; Parks and Recreation Comm. meeting of September 28, 1994;
Housing Comm. meeting of September 13, 1994; Charter Review Comm. meeting of
October 12,1994; Broadband Telecommunications Comm. meeting of September 21,
1994; Planning and Zoning Comm. meeting of October 3, 1994, October 6, 1994.
Permit Motions: Approving a Class "C" Beer Permit for Millermart, Inc., dba
Millermart, Inc., 2303 Muscatine Ave. Approving a Class "E" Beer Permit for Eagle
Food Centers, Inc., dba Eagle Food Center #220, 1101 S. Riverside Dr.
Setting Public hearings: RES. 94-325, Bk. 112, p. 325, SETTING A PUBLIC
HEARING for November 8, 1994, ON AN ORDINANCE AMENDING TITLE 3 OF THE
CITY CODE ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY
UTILITIES TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE
WATER USE AND SERVICE, AND WASTEWATER TREATMENT WORKS USER
CHARGES. '
Motions: Approve Disbursements in the amount of $10,674,064.09 for the
period of September 1 through September 30, 1994, as recommended by the Finance
Director subject to audit.
Resolutions, Bk. 112: RES. 94-326, p. 326, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST PARTIAL RELEASE AGREEMENTS
CONCERNING THE STORMWA TER MANAGEMENT EASEMENT FOR WINDSOR RIDGE
PARTS 1, 2, 3, 4 AND 5 AND THE PUBLIC WALKWAY/TRAILS SYSTEM FOR
WINDSOR RIDGE PARTS 1 & 4. RES. 94-327, p. 327, AUTHORIZING EXECUTION OF
AMENDATORY AGREEMENT #12 AND ADDENDUM FOR LEAD BASE PAINTTO THE
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND
THE FEDERAL GOVERNMENT FOR PUBLIC HOUSING GRANT NUMBER IA05P02201 O.
RES. 94-328, p. 328, AUTHORIZING THE APPOINTMENT OF MR. DOUGLAS
BOOTH ROY AS THE PROJECT OFFICER FOR THE ACQUISITION OF 10 UNITS OF
PUBLIC HOUSING FOR THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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Council Activities
October 25, 1994
Page 2
PROJECT IA05P022010. RES. 94-329, p. 329, AUTHORIZING THE ADOPTION OF
THE FAMILY SELF SUFFICIENCY ACTION PLAN OF THE IOWA CITY HOUSING
AUTHORITY. RES. 94-330, p. 330, AUTHORIZING EXECUTION OF CONSOLIDATED
ANNUAL CONTRIBUTIONS CONTRACT KC-9033. PROJECT NO. IA05-V022-018.
RES. 94-331, p. 331, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, TILE LINE, WATER MAIN, PAVING AND DETENTION BASIN RELEASE
STRUCTURE PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PARTS ONE, TWO,
THREE AND FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE. RES. 94-332, p. 332, AUTHORIZING EXECUTION OF AN
AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, ARLINGTON L.C., AND WINDSOR RIDGE HOMEOWNERS' ASSOCIATION FOR
PLACEMENT OF AN ENTRANCE SIGN ON STREET RIGHT-OF-WAY WITHIN THE
WINDSOR RIDGE DEVELOPMENT.
Correspondence: Penny Bryn Neighborhood Association expressing appreciation
to the City Council for acting on the concerns of the neighborhood by establishing on
a trial basis a pattern of stop signs. Iowa Arts Festival requesting use of the parking
lot adjacent to the Holiday Inn for the entire nine-day festival, June 9-17, 1995. Tom
and Sue Aunan expressing their views on the proposal for solid waste collection and
on the transit buses. State Historical Society of Iowa announcing the listing of the
Brown Street District in the National Register of Historic Places. Mark Ginsberg
requesting financial support from the City for the 1995 Jazz Festival. Robby Wall
regarding soccer fields. Letters regarding the garden in public right-of-way at 618
North Gilbert from: Nellie W. and Charles R. Kremenak; James M. and Marci S.
Lindsay. County Attorney White regarding Conditional Zoning Agreement for the south
wastewater treatment plant. Letters concerning the Neighborhood Open Space
ordinances from: Executive Officer of the Home Builders Association; Harvey Wehde;
Bruce R. Glasgow. Memoranda from the Traffic Engineer regarding: Stop sign
installation in the Near Northside Neighborhood; Stop sign installation in the TeglAber
Neighborhood; Stop sign installation in the Creekside Neighborhood; No parking
anytime on Westside Drive; Time limit for parking meters on the north side of 300
Court Street; No parking between signs in the 400 block of South Linn Street.
Applications for Use of Streets and Public Grounds: Marcia Klingaman for
permission to use a portion of the 700 block of Rundell Street for a block party on
October 9, 1994, approved.
Applications for City Plaza Use Permits: Iowa Socialist Workers Campaign to
set up a table for the purpose of distributing campaign literature on October 19, 1994,
approved.
Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the motion
carried, and noted a public hearing for November 8 on proposed increases to City water and
wastewater rates.
Renee Paine, Director of Public Access Television, announced new staff assisted series
programming and reminded citizens of the annual meeting scheduled November 17, 6:30
p.m., at the Library. Ron Vogel and Douglas Jones, 816 Park Rd., appeared regarding the
report on pesticides and drinking water written by the environmental working group and
Physicians for Social Responsibility, and urged Council Members to read the report. Carol
Godiksen, Executive Director of the Homebuilders Assn., requested Council not waive any of
the three considerations on the neighborhood open space ordinance to allow Council time to
review comments received from the National Homebuilders Assn. John Balmer, 10 Princeton
Ct., urged Council to consider the ramifications of accepting grant money for hiring of police
officers after the grant runs out; asked Council to look at all the factors of volume based
garbage rate increases; asked Council to educate the public on new rules and regulations
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Council Activities
October 25, 1994
Page 3 - Revised 11/8/94
being promulgated from the federal level and suggested challenging some of them;
complimented the City's Solid Waste Department for their outstanding service; and suggested
a spring leaf pick.up. Bruce Glasgow, 834 N. Johnson, appeared regarding the proposed water
'J(- facility and possible use of the Coralville reservoir. Moved by Baker, seconded by Pigott, to
accept correspondence submitted by Mr. Glasgow. The Mayor declared the motion carried
unanimously, 6/0, Kubby absent. Dick Dolezal, 1111 Marcy, appeared regarding increased
water and sewer rates; recycling charges; the City's telephone system; monthly billing
procedures for utilities; the hiring of 8 new police officers with grant money; and bicycle
~ paths. Doug Jones, 816 Park Rd., urged the City to acquire the Coralville power plant and fix
it up. Jerry Arganbright, West High Principal, asked if Council would be discussing the
installation of a traffic light on Melrose. The Mayor stated the matter would be discussed
under Council time. Anna Buss, 525 W. Benton, appeared regarding the proposed increase in
water and sewer rates and the impact on rents, and thanked Council for their decision to go
with weekly pick.up of recyclables. Bruce Glasgow, 834 N. Johnson, appeared regarding the
neighborhood open space ordinance.
Moved by Throgmorton, seconded by Lehman, to set a public hearing for November
8, 1994, on an amendment to City Code Section 14.6E.2, Neighborhood Commercial Zone
(CN.1!, to allow restaurants as provisional uses or by special exception with specific restric.
tions, and car washes by special exception with specific restrictions. The Mayor declared the
motion carried unanimously, 5/0, Baker and Kubby absent.
Moved by Pigott, seconded by Novick, to set a public hearing for November 8, 1994
on an ordinance vacating a portion of Waterfront Drive located southeast of the CRANDIC
Railroad right-of.way (Hy.Vee!. The Mayor declared the motion carried unanimously, 6/0,
Kubby absent.
Moved by Novick, seconded by Lehman, to set a public hearing for November 8, 1994,
on amendments to City Code Section 14.6B.2, Section 14.6E.8, Section 14-6E- 7 and Section
14.6E-6 to permit restaurant carry-out uses in the CB.l 0, CB.5 and CB.2 zones. PCD Director
Franklin present for discussion. The Mayor declared the motion carried unanimously, 6/0,
Kubby absent.
A public hearing was held on amendments to the Zoning Ordinance, Section 14.6N.l,
Off-Street Parking Requirements, to require parking spaces for commercial uses in the Central
Business Support Zone (CB.5). No one appeared.
Moved by Pigott, seconded by Throgmorton, that the ordinance amending Title 14,
Chapter 6, Article J, Section 2 of the City Code of Iowa City, Iowa, entitled "Planned
Development Housing Overlay Zone (OPDH!" to require dedication of land or payment of fees
in lieu of land for neighborhood open space, be given first vote for consideration. Moved by
Throgmorton, seconded by Pigott, to amend the ordinance definition of dwelling unit as
recommended by staff. The Mayor declared the motion to amend carried unanimously, 6/0,
Kubby absent. The Mayor declared the motion to give first consideration carried, 5/1, with the
following division of roll call vote: Ayes: Novick, Pigott, Throgmorton, Baker, Horowitz. Nays.
Lehman. Absent: Kubby.
Moved by Pigott, seconded by Throgmorton, that the ordinance amending Title 14,
Chapter 7, "Land Subdivisions," of the City Code by adding a new article D entitled
"Dedication of Land or Payment of Fees in Lieu of Land for Neighborhood Open Space,"
be given first vote for consideration. Moved by Novick, seconded by Lehman, to amend the
ordinance definition of dwelling unit as recommended by staff. The Mayor declared the motion
carried to amend the ordinance unanimously, 6/0, Kubby absent. The Mayor declared the
motion to give first consideration carried, 5/1, with the following division of roll call vote:
Ayes: Novick, Pigott, Throgmorton, Baker, Horowitz. Nays: Lehman. Absent: Kubby.
Moved by Novick, seconded by Baker, that the ordinance amending Title 14, Unified
Development Code, Chapter 7, Land Subdivisions, by amending Article A of the City Code to
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Council Activities
October 25, 1994
Page 3
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being promulgated from the federal level and suggested challenging some of them;
complimented the City's Solid Waste Department for their outstanding service; and suggested
a spring leaf pick-up. Bruce Glasgow, 834 N. Johnson, appeared regarding the proposed water
facility and possible use of the Coralville dam. Moved by Baker, seconded by Pigott, to accept
correspondence submitted by Mr. Glasgow. The Mayor declared the motion carried
unanimously, 6/0, Kubby absent. Dick Dolezal, 1111 Marcy, appeared regarding increased
water and sew ates; recycling charges; the City's telephone system; monthly billing
procedures for utilitl ; the hiring of 8 new police officers with grant money; and bicycle
paths. Doug Jones, 81 Park Rd., urged the City to acquire the Coralville dam and fix it up.
Jerry Arganbright, West igh Principal, asked if Council would be discussing the installation
of a traffic light on Melrose The Mayor stated the matter would be discussed under Council
time. Anna Buss, 525 W. B nton, appeared regarding the proposed increase in water an
sewer rates and the impact on ents, and thanked Council for their decision to go with w Iy
pick-up of recyclables. Bruce Glasgow, 834 N. Johnson, appeared regarding the neig rhood
open space ordinance. \,
Moved by Throgmorton, s~conded by Lehman, to set a public hearin or November
8, 1994, on an amendment to City, Code Section 14-6E-2, Neighborhoo ommercial Zone
(CN-1l, to allow restaurants as prov~sional uses or by special exceptio with specific restric-
tions, and car washes by special exc~ption with specific restriction he Mayor declared the
motion carried unanimously, 5/0, BalOOr and Kubby absent.
Moved by Pigott, seconded by Ir-Jovick, to set a public earing for November 8, 1994
on an ordinance vacating a portion of Waterfront Drive I ated southeast of the CRANDIC
Railroad right-of-way (Hy-Veel. The Md,~or declared t motion carried unanimously, 6/0,
Kubby absent.
Moved by Novick, seconded by Le. an, to t a public hearing for November 8, 1994,
on amendments to City Code Section 14-6 t2, ction 14-6E-8, Section 14-6E-7 and Section
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14-6E.6 to permit restaurant carry-out uses he CB-1 0, CB-5 and CB-2 zones. PCD Director
Franklin present for discussion. The May eclared the motion carried unanimously, 6/0,
Kubby absent.
A public hearing was held on endme s to the Zoning Ordinance, Section 14-6N-1,
Off-Street Parking Requirements, t require parkl g spaces for commercial uses in the Central
Business Support Zone (CB-5j. 0 one appeared.
Moved by Pigott, sec ded by Throgmort , that the ordinance amending Title 14,
Chapter 6, Article J, Sect' n 2 of the City Cod of Iowa City, Iowa, entitled "Planned
Development Housing Ov rlay Zone (OPDHl" to req '(e dedication of land or payment of fees
in lieu of land for neigh orhood open space, be given 'first vote for consideration. Moved by
Throgmorton, seconjled by Pigott, to amend .the or inance definition of dwelling unit as
recommended EY (aff. The Mayor declared the motio to amend carried unanimously, 6/0,
Kubby absent. T. e Mayor declared the motion to give fir t consideration carried, 5/1, with the
fOIlOWing~ivis' n of roll call vote: Ayes: Novick, Pigott, rogmorton, Baker, Horowitz. Nays.
Lehman. Ab ent: Kubby.
Mo ed by Pigott, seconded by Throgmorton, that he ordinance amending Title 14,
Chapter ,"Land Subdivisions," of the City Code by ding a new article 0 entitled
"Dedi tion of Land or Payment of Fees in Lieu of Land for eighborhood Open Space,"
be W en first vote for consideration. Moved by Novick, secon ed by Lehman, to amend the
ors!(nance definition of dwelling unit as recommended by staff. e Mayor declared the motion
garried to amend the ordinance unanimously, 6/0, Kubby abse . The Mayor declared the
(motion to give first consideration carried, 511, with the following division of roll call vote:
Ayes: Novick, Pigott, Throgmorton, Baker, Horowitz. Nays: Lehman Absent: Kubby.
Moved by Novick, seconded by Baker, that the ordinance ame ing Title 14, Unified
Development Code, Chapter 7, Land Subdivisions, by amending Article A of the City Code to
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October 25, 1994
Page 4
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require review and approval of the division of land prior to recording, be given first vote for
consideration. The Mayor declared the motion carried unanimously, 6/0, Kubby absent.
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. 94-3643, Bk. 37, p. 40, AMENDING THE ZONING ORDINANCE BY CHANGING
THE USE REGULATIONS OF APPROXIMATELY 1.02 ACRES OF LAND LOCATED NORTH ON
SCOTT PARK DRIVE EXTENDED, IOWA CITY, IOWA (Boyd), be voted on for final passage
at this time. Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the
motion carried. Moved by Pigott, seconded by Lehman, that the ordinance be finally adopted
at this time. Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the
ordinance adopted.
Moved by Pigott, seconded by Lehman, that the ordinance amending the Zoning
Ordinance to allow crematoriums as an accessory use to a funeral home, be given second
vote for consideration. Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor
declared the motion carried.
Moved by Novick, seconded by Lehman, that the ordinance amending the Zoning
Ordinance to change the use regulations of a 5.52 acre property located east of Waterfront
Drive and the CRANDIC Railroad right-of-way from CI-1, intensive Commercial, to CC-2,
Community Commercial (Hy-Vee), be given second vote for consideration. Affirmative roll call
vote unanimous, 6/0, Kubby absent. The Mayor declared the motion carried.
Moved by Novick, seconded by Throgmorton, to adopt ORD. 94-3644, Bk. 37, p. 41,
AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF A 5.11
ACRE PROPERTY LOCATED EAST OF WELLINGTON DRIVE FROM RS-5, LOW DENSITY
SINGLE-FAMILY RESIDENTIAL, TO OPDH-5, A PRELIMINARY PLANNED DEVELOPMENT
HOUSING (PDHI PLAN FOR WELLINGTON CONDOMINIUMS, IOWA CITY, IOWA (Village
Green XIII). Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the
ordinance adopted.
Moved by Pigott, seconded by Novick to adopt ORD. 94-3645, Bk. 37, p. 42,
AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS FOR
PROPERTY LOCATED IN THE VICINITY OF THE MORMON TREK BOULEVARD/HIGHWAY 1
INTERSECTION FROM COUNTY A 1 TO CI-1, INTENSIVE COMMERCIAL, AND TO CHANGE
THE USE REGULATIONS FOR AN APPROXIMATE 3.07 ACRE TRACT OF LAND NORTHWEST
OF THE INTERSECTION FROM COUNTY R1 A TO CO-1, COMMERCIAL OFFICE. Affirmative
roll vote unanimous, 6/0, Kubby absent. The Mayor declared the ordinance adopted.
Moved by Novick, seconded by Throgmorton, to defer to November 22, 1994, an
ordinance amending the Zoning Ordinance to rezone the City's south wastewater treatment
plant site to P, Public. The Mayor declared the motion carried unanimously, 6/0, Kubby,
absent.
Moved by Novick, seconded by Lehman, to adopt RES. 94-333, Bk. 112, p. 333,
EXTENDING THE EXPIRATION DATE FOR THE AMENDED PRELIMINARY PLAT OF HUNTERS
RUN SUBDIVISION, PART EIGHT. Affirmative roll call vote unanimous, 6/0, Kubby absent.
The Mayor declared the resolution adopted.
Moved by Novick, seconded by Throgmorton, to defer to November 22, 1994, a
resolution stating the City's commitment to provide a north access to the South Wastewater
Treatment Plant Site and to restrict the use of Nursery Lane. The Mayor declared the motion
carried unanimously, 6/0, Kubby absent.
Moved by Pigott, seconded by Lehman, to combine the following public hearings: 7.
public hearing on an ordinance amending Title 14, City Code of Iowa City, Iowa, Unified
Development Code, by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee";
8. public hearing on a proposed Near Southside Commercial Urban Revitalization plan for a
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Council Activities
October 25,1994
Page 5
proposed Urban Revitalization Area in the City of Iowa City, Iowa; 9. public hearing on a
proposed Near Southside Residential Urban Revitalization Plan for a proposed Urban
Revitalization area in the City of Iowa City, Iowa. The Mayor declared the motion carried
unanimously, 6/0, Kubby absent. The following individuals appeared: Craig Willis, Chamber
of Commerce, Downtown Expansion Task Force, and owner of enterprise associated with the
area; Kevin Hanick, 1830 Friendship St.; Larry Hanson, MidAmerica Bank; John Gross, co-
owner downtown business; John Murphy, Downtown Association; Dean Thornberry,
representing Dr. Zimmerman, All Pets VeterinDry Clinic; Dell Richard, attorney with practice
located in the area; Douglas Jones, 816 Park Rd.; and Ray Novick, owner Electronic Cave.
PCD Director Franklin present for discussion. Moved by Pigott, seconded by Lehman, to
accept correspondence from: Plaza Centre One Owners; John Hayek, representing
MidAmerica Savings Bank. The Mayor declared the motion carried unanimously, 6/0, Kubby
absent.
The Mayor noted the previously announced vacancies: Parks and Recreation Comm. -
Two vacancies for four-year terms ending January 1, 1999; Human Rights Comm, - Three
vacancies for three-year terms ending January 1, 1998; Bd. of Adjustment - One vacancy for
a five-year term ending January 1, 2000. These appointments will be made at the November
8, 1994, meeting of the City Council. Parks and Recreation Comm. - One vacancy for a four-
year term ending January 1, 1999. This appointment will be made at the November 22,
1994, meeting of the City Council. The Mayor urged citizens to consider serving on the
Boards and Commissions.
The Mayor noted the current vacancies: Housing Comm. - One vacancy for an
unexpired term ending May 1, 1996; Committee on Community Needs - One vacancy for an
unexpired term ending April 1, 1995. These appointments will be made at the December 6,
1994, meeting of the City Council.
Moved by Novick, seconded by Lehman, to re.appoint Robert Carlson, 1122 Penkridge
Dr. to the Board of Appeals for a building design professional for a five-year term ending
December 31, 1999; and appoint Walter Shelton, 1532 Tracy Lane and Robert Kemp, 1122
Estron St. to the Senior Center Comm. to fill two vacancies for three.year terms ending
December 31, 1997. The Mayor declared the motion carried unanimously, 6/0, Kubby absent.
Council Member Lehman noted a newspaper article regarding traffic difficulties on
Melrose Avenue near West High, and updated citizens on a recent meeting of the School
Safety Committee when the Committee requested a recommendation from the City Traffic
Engr. The City Manager reported for the Traffic Engr. The following individuals appeared:
Jerry Arganbright, West High Principal; Jeremy Brown, Student Senate President; Joane
Margolin, West High parent; Mary Gantz, West High parent; Nancy Perkins, Walnut Ridge;
Darcy Koehn, West High parent; and Ted Murphy, Galway Hills. After discussion, Council
directed staff to install a temporary traffic signal at the intersection, and if necessary delay
installation of a signal at Lower Muscatine and Mall Drive. Council Member Throgmorton
referenced the memos in the Consent Calendar regarding the installation of stop signs in
response to concerns from the Northside Neighborhood, T eg Drive Neighborhood, and the
Creekside Neighborhood, Throgmorton acknowledged individuals receiving awards at the
Human Rights Breakfast, especially Human Services Planner Marge Penney.
Council Member Pigott noted citizen concerns regarding costs (for garbage, water, and
police), expressed during public discussion by reporting Council discussion and plans for more
citizen discussion. Pigott questioned the letter on the Consent Calendar from the Iowa Festival
regarding use of a downtown parking lot. The City Manager stated that request along with
the letter from the Jazz Festival would be discussed during the budget process. Pigott voiced
support for making Council meeting transcriptions available on diskette. After discussion the
Mayor stated the matter would be scheduled for an upcoming Council work session.
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Council Activities
October 25, 1994
Page 6
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Council Member Baker reported that he had met with Student Association President
John Lohman as a follow-up to the Student Senate/City CounCil joint meeting, and suggested
the formulation of a permanent Council subcommittee made up of representatives of both
bodies to better facilitate dialogue. After discussion Council Members Pigott and Throgmorton
were selected as representatives. Baker stated his frustration with the public hearing process
that does not allow for a response to citizen statements. After discussion the Mayor stated
the matter would be scheduled for further discussion.
Mayor Horowitz reminded citizens of the upcoming Hospice Road Race and celebrity
book week. Council Member Novick noted the candidates forum scheduled October 26.
The City Attorney reported that staff would be meeting with County representatives
to talk about the conditional zoning agreement regarding the annexation and access for Iowa
City's south wastewater treatment plant.
Moved by Throgmorton, seconded by Baker, to adopt RES. 94.334, Bk. 112, p. 334,
AUTHORIZING EXPENDITURE IN THE AMOUNT OF $50,000 FROM THE GENERAL FUND
CONTINGENCY ACCOUNT FOR THE PURPOSE OF COMPLETING THE SCHEMATIC DESIGN
AND COST ESTIMATING PHASE OF AN EXPANSION AND RENOVATION PROJECT PLANNED
FOR THE IOWA CITY PUBLIC LIBRARY. Library Director Craig present for discussion. After
discussion the City Attorney suggested changing the wording of the contract to indicate
"reimbursable expenses will be paid by the Library...". Council agreed to the language as
proposed, and requested that the contract, although not attached to the resolution, be
amended to allow the Mayor to sign as well as the Library Director and Architect. Affirmative
roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the resolution adopted.
Moved by Novick, seconded by Pigott, that the ordinance amending Title 2, entitled
"Human Rights" of the Code of Ordinances of the City of Iowa City, to repeal the Title and
adopt a new Title to be known as "Iowa City Human Rights Ordinance", be given second vote
for consideration. The Mayor declared the motion carried, 5/1, with the following division of
roll call vote: Ayes: Horowitz, Novick, Pigott, Throgmorton, Baker, Nays: Lehman. Absent:
Kubby.
Moved by Baker, seconded by Pigott, to adjourn 11 :07 p.m. The Mayor declared the
motion carried unanimously, 6/0, Kubby absent.
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Marian K. Karr, City Clerk
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 8, 1994
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, Gentry, Karr, Franklin,
Schoon, Burnside, Shank, Yucuis, Moreno, Schmadeke. Council minutes tape recorded on
Tapes 94.128 and 94-129, Both Sides.
The Mayor proclaimed Kosai/lowa City Cultural Exchange Week - November 14.19,
1994; Geography Awareness Week. November 13-19,1994; Community Read-In Day -
November 9, 1994. Heritage Tree Volunteer Appreciation Day - November 9, 1994. The
following individuals received volunteer appreciation proclamations: Nancy Seiberling, Kate
Klaus, Linda McGuire, Jeff Schabillion, Cecile Kuenzli, Leon Lyvers, and Beth Gauger. Linda
McGuire presented information regarding the Heritage Tree project and read a letter from Leon
Lyvers. Kate Klaus presented the City with framed templates of the maps of the three
neighborhoods involved in the project.
Moved by Pigott, seconded by Baker, that the following items and recommendations
in the Consent Calendar be received, approved, and/or adopted as amended:
Approval of Official Council actions ofthe regular meeting of October 25, 1994,
as published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Airport Comm. meeting of September 1,
1994, September 20, 1994; Riverfront and Natural Areas Comm. meeting of
September 21,1994; Sr. Center Comm. meeting of September 19,1994; P&Z Comm.
meeting of October 20, 1994; Historic Preservation Comm. meeting of October 11,
1994; P&R Comm. meeting of October 19, 1994; Human Rights Comm. meeting of
September 26, 1994, October 24, 1994.
Permit Motions: Approving a Class "E" Beer Permit for Eagle Food Centers, Inc.,
dba Eagle Food Center #157,600 N. Dodge St. Approving a Class "E" Beer Permit for
Highlander Inc., dba ExpresStop, 2545 N. Dodge St. Approving a Class "B" Beer
Permit for Clean Livin', Inc. dba Duds 'n Suds, 5 Sturgis Dr.
Resolutions, Bk. 112: RES. 94-335, p. 335, ACCEPTING THE WORK FOR THE
LIFT STATION AND FORCE MAIN IMPROVEMENTS FOR WINDSOR RIDGE - PARTS
ONE, TWO, THREE AND FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE. RES. 94-336, p. 336, ACCEPTING THE WORK FOR
ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 1. RES. 94-337, p. 337,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN
AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES SUBDIVISION,
PARTS 1 AND 2, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE. RES. 94-338, p. 338, AUTHORIZING EXECUTION OF A PRIVATE
SANITARY SEWER SERVICE LINE EASEMENT AGREEMENT FOR CONNECTION TO
CITY PUBLIC SANITARY SEWER BETWEEN ORRIS V. COOPER, JR., AND TIMOTHY
R. SHIPE AND THE CITY OF IOWA CITY, IOWA.
Correspondence: Iowa City Area Chamber of Commerce regarding the Near
Souths ide Commercial Urban Revitalization Plan. R. Lakes regarding the problem of
speeding cars in the Manville Heights area. Senator Charles Grassley regarding a
petition which evolved from the conference at the Lincoln Institute, "Community Land
Policy and River Flooding". Invitation from ACT to the groundbreaking ceremony for
the construction of a new distribution/warehouse facility. Letters expressing
appreciation for the temporary walkway on Melrose from Walnut Ridge/Galway Hills
to West High School from: Randy Alexander and Dick Perkins; Twelve families from
Galway Hills. Letter of appreciation from West High School for the Council's response
to the problems at the school's entranceway intersection. Marlys Breese regarding
solid waste collection. Jane Klitzka, Vice President of the Grant Wood Neighborhood
Association, regarding the bus route on First Avenue. Home Builders Association of
Iowa City regarding the Open Space ordinances. Mildred Flynn regarding noise on the
streets at night in downtown Iowa City. Kimberly Leeney regarding the Near Souths ide
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Council Activities
November 8, 1994
Page 2
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Commercial Urban Revitalization Plan. Harvey Wehde regarding the Near Southside
Commercial Urban Revitalization Plan.
Applications for City Plaza Use Permits: John Ealer for permission to film
interviews of patrons of drinking establishments on College Street for a class project
on November 4 and 5, 1994, approved.
Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared
the motion carried.
Carol Godiksen, Home Builders of Iowa City, appeared regarding concerns raised from
the National Association of Home Builders on the City's proposed neighborhood open space
ordinance. John Watson, member of the City's Open Space Committee, urged Council
proceeding with the ordinance. Holly Berkowitz, 612 Granada Ct., thanked Council for
maintaining Hickory Hill Park as a natural area. Jeanette Ockenfels distributed hand-made book
marks.
Moved by Novick, seconded by Lehman, to set a public hearing for November 22,
1994, on an amendment to City Code Section 14-6E-7, to regulate the location of parking
spaces in the Central Business Support Zone (CB-5).
A public hearing was held on an amendment to City Code Section 14-6E-2,
Neighborhood Commercial Zone (CN-1l, to allow restaurants as provisional uses or by special
exception with specific restrictions, and car washes by special exception with specific
restrictions. No one appeared.
A public hearing was held on an ordinance vacating a portion of Waterfront Drive
located southeast of the CRANDIC Railroad right-of-way (Hy-Vee Food Storesl. No one
appeared, Moved by Throgmorton, seconded by Novick, to continue the public hearing to
November 22, 1994. The Mayor declared the motion carried unanimously, 710, all Council
Members present.
A public hearing was held on amendments to City Code Section 14-6B-2 and Section
14-6E-8 to permit restaurant carry-out uses in the CB-1 0 zone. No one appeared.
Moved by Throgmorton, seconded by Novick, that the ordinance amending the Zoning
Ordinance, Section 14-6N-1, Off-Street Parking Requirements, to require parking spaces for
commercial uses in the Central Business Support Zone (CB-5), be given first vote for
consideration. The Mayor declared the motion carried, 5/2, with the following division of roll
call vote: Ayes: Novick, Pigott, Throgmorton, Baker, Horowitz. Nays: Lehman and Kubby.
Absent: None.
Moved by Kubby, seconded by Pigott, that the ordinance amending City Code Section
14-6J-2, Planned Development Housing Overlay (OPDHl Zone to require dedication of land or
payment of fees in lieu of land for neighborhood open space, be given second vote for
passage. The Mayor declared the motion carried, 6/1, with the following division of roll call:
Ayes: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. Nays: Lehman. Absent: None.
Moved by Pigott, seconded by Kubby, that the ordinance amending Title 14, Chapter
7, "Land Subdivisions," of the City Code by adding a new article D entitled "Dedication of
Land or Payment of Fees in Lieu of Land for Neighborhood Open Space," be given second vote
for consideration. The Mayor declared the motion carried, 6/1, with the following division of
roll call vote: Ayes: Pigott, Throgmorton, Baker, Horowitz, Kubby, Novick. Nays: Lehman.
Moved by Novick, seconded by Kubby, that the ordinance amending Title 14, Unified
Development Code, Chapter 7, Land Subdivisions, by amending Article A of the City Code to
require review and approval of the division of land prior to recording, be given second vote
for consideration. Affirmative roll call vote unanimous, 710, all Council Members present. The
Mayor declared the motion carried.
Moved by Kubby, seconded by Throgmorton, to adopt ORD. 94-3646, Bk. 37, p. 43,
AMENDING CHAPTER 6 OF THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, ENTITLED
"ZONING," BY DEFINING "FUNERAL HOME" AND INCLUDING CREMATORIUMS AS AN
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Council Activities
November 8, 1994
Page 3
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ACCESSORY USE TO A FUNERAL HOME. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the ordinance adopted.
Moved by Pigott, seconded by Lehman, to defer to November 22, 1994, an ordinance
amending the Zoning Ordinance to change the use regulations of a 5.52 acre property located
east of Waterfront Drive and the Crandic Railroad right-of-way from CI-1, Intensive
Commercial, to CC-2, Community Commercial (Hy-Vee Food Stores). The Mayor declared the
motion carried unanimously, 7/0, all Council Members present. The Mayor stated a revised
conditional zoning agreement is currently under review and a motion is needed to set a public
hearing on that agreement. Moved by Novick, seconded by Throgmorton, to set a public
hearing for November 22, 1994, on a revised conditional zoning agreement for the above
mentioned applicant and land. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
A public hearing was held on the proposed rate increase for water and wastewater
fees. The following individuals appeared: Roberta Patrick, 515 Oakland; Holly Berkowitz, 612
Granada; Anna Buss, 525 W. Benton; Larry Svoboda, 16 Cherry Lane; Donatee Faust; Dean
Thornberry, 1202 Oakes Dr.; and Mike Woodhouse. Finance Director Yucuis present for
discussion. Moved by Kubby, seconded by Throgmorton, to accept correspondence from Jen
Madsen and Larry Svoboda. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present. Moved by Novick, seconded by Pigott, to continue the public
hearing to November 22, 1994. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Kubby, seconded by Throgmorton, to defer until November 22, 1994, an
ordinance amending Title 3, City Finances, Taxation and Fees, Chapter 4, Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties, Section 3-4-3 Potable Use and Service and
Section 3-4-4 Wastewater Treatment Works User Charges. The Mayor declared the motion
carried, 7/0, all Council Members present.
Council recessed at 9: 15 p.m., and reconvened at 9:25 p.m.
The Mayor noted the previously announced vacancies: P&R Comm. - one vacancy for
a four-year term ending January 1, 1999. Council Member Novick noted the need for women
applicants for all Boards and Commissions, especially Parks & Recreation. This appointment
will be made at the November 22, 1994, meeting of the City Council. Housing Comm. - one
vacancy for an unexpired term ending May 1, 1996. This appointment will be made at the
December 6, 1994, meeting of the City Council. Committee on Community Needs - one
vacancy for an unexpired term ending April 1, 1995. This appointment will be made at the
December 6, 1994, meeting of the City Council.
Moved by Kubby, seconded by Lehman, to appoint Susan Bender, 1145 Duck Creek
Dr., to the Bd. of Adjustment for a five-year term ending January 1, 2000; appoint Joan
Detwiler Jehle, 1167 E. Jefferson, re-appoint Pamela Dautremont, 2211 1/2 Muscatine, and
Sara Mehlin, 20 Evans St. #3D, to the Human Rights Commission to fill three vacancies for
three-year terms ending January 1, 1998; re-appoint Karen Dee Vanderhoef, 2403 Tudor Dr.,
and appoint Rex Pruess, 1007 Briar Dr., to the Parks and Recreation Commission to fill two
vacancies for four-year terms ending January 1, 1999. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Council Member Novick urged citizens to attend a League of Women Voters meeting
November 16, 1994, at 7:30 p.m. at the Iowa City Public Library dealing with economic
growth.
Council Member Pigott noted Council discussion the previous evening regarding
preserving Council meeting transcriptions and making them available on diskettes. Pigott
responded to a letter from a citizen concerned that they may not be able to continue using
their recyclable container if the city supplies new containers by stating the proposal under
review allows for continued use. Pigott stated his discouragement with the national election
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Council Activities
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process that allows for no-issue campaigning, noting the level of debate in campaigns locally
* are far better in comparison.
Mayor Horowitz reminded citizens of the annual meeting of the Board of Directors of
Public Access Television scheduled November 17, 1994, in Room A of the Iowa City Public
Library. She also urged citizens to become aware of, and participate in, a reception and
various activities associated with Kosai/lowa City Cultural Exchange Week November 14-19,
1994. The Mayor also noted upcoming performances at City High and the Senior Center; the
dedication of the Habitat for Humanity home, noting especially the work of lowell Lichty; and
Trash Talk appearing in the Advertiser: and acknowledged the article in the national
newspaper for senior centers on our local Senior Centers World War II Commemorative
Month.
Moved by Pigott, seconded by lehman, to adopt RES. 94-339, Bk. 112, p. 339; AU-
THORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN
MMS CONSULTANTS, INC. OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO
PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER
COllECTION FACILITIES. Council Member Novick the amount stated in the comment was
incorrect and the amount should read $55,645. Affirmative roll call vote unanimous, 710, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Kubby, seconded by Novick, to adopt RES. 94-340, Bk. 112, p. 340,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E
AGI~EEMENT FOR JOINT EXERCISE OF lAW ENFORCEMENT AUTHORITY. Affirmative roll
call vote unanimous, 710, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Novick, seconded by Baker, to adopt RES. 94.341, Bk. 112, p. 341,
AUTHORIZING FUNDING OF ROOF REPLACEMENT PROJECT FOR THE AIRPORT TERMINAL
BUilDING AND THE UNITED HANGAR BUilDING AT THE IOWA CITY MUNICIPAL AIRPORT
to D.C. Taylor for $54,120. Affirmative roll call vote unanimous, 710, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Kubby, seconded by Throgmorton, to adopt ORD. 94-3647, Bk. 37, p. 44,
AMENDING TITLE 2, ENTITLED "HUMAN RIGHTS" OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, TO REPEAL THE TITLE AND ADOPT A NEW TITLE TO BE KNOWN AS
"IOWA CITY HUMAN RIGHTS ORDINANCE". Individual Council Members expressed their
views. Human Right Coordinator Shank present for discussion. The Mayor declared the
ordinance adopted, 6/1, with the following division of roll call vote: A yes: Novick, Pigott,
Throgmorton, Baker, Horowitz, Kubby. Nays: lehman. Absent: None.
Moved by Baker, seconded by Kubby, to adopt RES. 94-342, Bk. 112, p. 342,
ESTABLISHING A NON-REFUNDABLE FEE FOR THE REGISTRATION OF A DOMESTIC
PARTNERSHIP IN THE CITY OF IOWA CITY, IOWA. The Mayor declared the resolution
adopted, 6/1, with the following division of roll call vote: Ayes: Pigott, Throgmorton, Baker,
Horowitz, Kubby, Novick. Nays: lehman. Absent: None.
Moved by Pigott, seconded by Baker, that the ordinance amending Title 14, "Unified
Development Code," of the City Code, by amending Chapter 9, Article A, Entitled "Parking
Facility Impact Fee," to include Commercial Development, be given first vote for consider-
ation. Individual Council Members expressed their views. PCD Director Franklin present for
discussion. After discussion, moved by Baker, seconded by Pigott, to amend the ordinance
to change the collection of the impact fee from the building permit issuance to the occupancy
permit issuance. The Mayor declared the motion to amend carried unanimously, 710, all
Council Members present. After further discussion, moved by Baker, seconded by Pigott, to
amend the ordinance by exempting hotels from the impact fee if they enter into a parking
contract with the City. The Mayor declared the motion to amend defeated, 1/6, with Baker
voting in the affirmative. The Mayor declared the original motion carried as amended, 5/2,
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with the following division of roll call vote: Ayes: Throgmorton, Baker, Horowitz, Pigott,
Novick. Nays: Kubby, Lehman. Absent: None.
Moved by Pigott, seconded by Lehman, that the ordinance designating an area of the
City of Iowa City, Iowa, as an Urban Revitalization Area which shall be known as the Near
Southside Commercial Urban Revitalization Area, be given first vote for consideration. The
Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes:
Baker, Horowitz, Lehman, Novick, Pigott, Throgmorton. Nays: Kubby. Absent: None.
Moved by Throgmorton, seconded by Baker, that the ordinance designating an area of
the City of Iowa City, Iowa, as an Urban Revitalization area which shall be known as the Near
Southside Residential Urban Revitalization area, be given first vote for consideration.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Novick, seconded by Pigott, that the ordinance amending Title 9, entitled
"Traffic," Chapter 9, entitled "Definitions, Administration and Enforcement of Traffic
Provisions," Section 6, entitled "Application of Provisions" of the City Code by adding a new
paragraph applying the provisions of the Traffic Title to Bicyclists, be given first vote for
consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by Kubby, seconded by Throgmorton, to defer to November 22, 1994, an
ordinance amending Title 9, entitled "Traffic," Chapter 1, entitled "Definitions," Section 7,
entitled "Toy Vehicles," of the City Code by adding a new paragraph to prohibit Toy Vehicles
or similar devises upon sidewalks in the Commercial District. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Throgmorton, seconded by Pigott, to adjourn 10:45 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
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City of Iowa City
MEMORANDUM
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Date: November 17, 1994
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, November 7, 1994 - 6:30 p.m. in the Council Chambers
Mayor Susan Horowitz presiding. Council present: Horowitz, Baker, Kubby, Lehman, Novick,
Pigott, Throgmorton. Staff present: Atkins, Helling, Woito, Karr, Franklin, Schoon, Davidson,
O'Neil, Fowler, Logsden, Doyle, Schmadeke, Fosse, Yucuis, Ockenfels, Winkelhake, Moreno.
Tape recording on tapes: 94-125, All; 94-126, All; 94-127, All.
REVIEW ZONING MATTERS:
Tape 94-125, Side 1
PCD Director Franklin introduced Scott Kugler, new Urban Planning Division and Historic
Preservation staff person. Franklin presented the following Planning and Zoning items for
discussion:
Franklin stated the item will be discussed in more detail at Council's next meeting.
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a. Settinq a public hearinq for November 22. 1994. on an amendment to Citv Code
Section 14-6E-7. to reaulate the location of parkinq spaces in the Central Business
Support Zone (CB-51.
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Public hearinq on an amendment to Citv Code Section 14-6E-2. Neiqhborhood Com-
mercial Zone (Qt1). to allow restaurants as provisional uses or by special exception
with specific restrictions. and car washes bv special exception with specific
restrictions.
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Throgmorton requested that staff look at shared parking concept.
c.
Public hearinq on an ordinance vacatinq a portion of Waterfront Drive located
southeast of the CRANDIC Railroad riaht-of.way (Hy.Vee Food Stores).
Franklin asked Council to continue the public hearing to November 22, 1994.
d.
Public hearinq on amendments to City Code Section 14-6B-2 and Section 14-6E.8 to
permit restaurant carry.out uses in the CB-lO zone.
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Amendments to the Zoninq Ordinance. Section 14-6N-1. Off.Street Parkina
Requirements. to require parkina spaces for commercial uses in the Central Business
Support Zone (~. (First considerationl
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f. Amendment to Citv Code Section 14-6J-2. Planned Development Housinq Overlav
jOPDHI Zone to require dedication of land or pavment of fees in lieu of land for
neiqhborhood open space. lSecond considerationl.
g. Ordinance amendinq Title 14. Chapter 7. "Land Subdivisions." of the Citv Code bv
addinq a new article D entitled "Dedication of Land or Pavment of Fees in Lieu of Land
for Neiqhborhood Open Space." (Second Consideration)
h. Amendment to Title 14. Unified Development Code, ChaPter 7. Land Subdivisions, bv
amendinq Article A of the Citv Code to require review and approval of the division of
land prior to recordinq. (Second considerationl
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Ordinance amendinq the Zoninq Ordinance to allow crematoriums as an accessory use
to a funeral home. (Pass and adoPtt
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Ordinance amendinq the Zoninq Ordinance to chanqe the use requlations of a 5.52
acre property located east of Waterfront Drive and the CRANDIC Railroad riqht-of-wav
from CI-1, Intensive Commercial. to CC-2. Communitv Commercial. lHv-Vee Food
Stores/REZ94-QO 1 Ot (Pass and adopt)
Franklin asked Council to defer this item to November 22, 1994.
NEAR SOUTHSIDE:
Tape 94-125, Side 1
PCD Director Franklin, City Attorney Woito, and Economic Development Coordinator Schoon
presented information about the Near Southside plans. In response to Council, Franklin stated
she will present a summary of the Near Souths ide plans and overhead projection maps of the
revitalization areas and area that is expected to be impacted within the next ten-year period.
Kevin Hanick, hotel developer, asked that hotels be exempt from parking impact fee
requirement.
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Staff Action: Regarding the resolution of intent to reinvest in the Near Southside, Council
indicated 100% of the incremental property tax on abatement projects should be reinvested
in the Near Souths ide. (Franklin)
AIRPORT ROOF REPAIR:
Tape 94.125, Side 2
John Ockenfels, Airport Commissioner, presented information about airport roof repair.
Council agreed to the Airport Commission recommendation to accept the bid from D.C. Taylor
Company in the amount of $ 54, 120 and directed Ockenfels to obtain additional bids for the
proposed masonry work.
Staff Action: Staff will finalize a contract with D.C. Taylor and obtain additional bids to rehab
the exterior of the airport terminal building. (O'Neil)
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AIRPORT MASTER PLAN UPDATE:
Tape 94.125, Side 2
John Ockenfels, Airport Commissioner, stated McClure Aviation has been selected as the
master plan consultant and the Airport Commission has submitted an amendment to their
master plan preapplication to the FAA, amending their funding request from $65,000 to
$100,000.
Staff Action: After comments are received from the City Attorney's Office, and the FAA, a
final contract will be negotiated with McClure Aviation. The Commission plans to begin the
study in January, 1995, as soon as it is funded by the FAA. (O'Neill
TRANSIT POLICY DISCUSSION:
Tape 94-125, Side 2
City Manager Atkins, Transportation Planner Davidson, and Parking and Transit Director
Fowler reviewed the November 3, 1994, Davidson/Fowler memorandum regarding outline for
City Council discussion of transit policies on November 7.
Council agreed with staff's recommendation regarding west side service; directed staff to add
east side loop and change Plaen View routes as outlined; agreed to discuss the Seventh
Avenue route and Hawkeye route changes during budget discussions; and schedule Council
discussions regarding transit policies.
Staff Action: Staff will proceed to implement the new east side loop route, and the
modifications to the Plaen View route. January 15 estimated implement date. (Davidson)
WATER/SEWER RATES:
Tape 94-126, Side 1
City Manager Atkins and Finance Director Yucuis presented information. Council asked staff
to give a brief presentation regarding water and sewer rates at the beginning of the public
hearing during Council's formal meeting.
Council agreed to continue the public hearing and defer first consideration to November 22
1994.
Staff Action: No response. (Atkins)
SNYDER CREEK WATERSHED LIFT STATION:
Tape 94.126, Side 1
Public Works Director Schmadeke and City Engineer Fosse presented information.
City Attorney Woito responded to questions regarding the Shipe/Cooper private sanitary sewer
(agenda Consent Calendar #3.d(411.
Public Works Director Schmadeke responded to questions regarding MMS Consultants'
services (agenda #12).
In response to Kubby, City Manager Atkins stated he will prepare a memo regarding the $5.00
water bill late charge fee (agenda items #6 & #71.
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Staff Action: None. (Schmadeke)
FEDERAL CRIME BILL PROGRAM - NEIGHBORHOOD POLICING:
Tape 94-126, Side 1
Police Chief Winkelhake reviewed his November 3, 1994, memorandum regarding
neighborhood policing.
Kubby asked Winkelhake to find out if the grant monies need to be used to hire all eight
officers or can the monies be used for less than eight officers.
City Manager Atkins stated staff will proceed in developing the federal crime bill neighborhood
policing program and present information to Council during budget discussions.
Staff Action: Information from Justice Department will be reviewed to determine answers to
questions raised. If all questions cannot be addressed, contact will be made with Justice
Department. (Winkelhake)
PUBLIC HEARING PROCESS:
Tape 94.126, Side 2
Council established the following broad guidelines to be used during the public hearing
process:
-No interruptions.
-Correct at the end of person's statement.
-Clarify misinformation at end of person's statement.
-Not be argumentative.
-Not be repetitive.
COUNCIL MEETING TRANSCRIPTIONS ON DISKETTE:
Tape 94.127, Side 1
City Clerk Karr responded to questions regarding a request for Council meeting transcriptions
on diskette. Council directed Karr to prepare a policy retaining transcriptions of both work
sessions and formal meetings for one year.
Staff Action: A policy will be sent to Council in their information packet of November 18.
Transcriptions will be retained until a policy is in place. (Karr)
COUNCIL AGENDA/TIME,:
Tape 94-127, Side 1
1. In response to Mayor Horowitz, Lehman stated he is unsure if he will attend the JTPA
luncheon on December 1,
2.
In response to Mayor Horowitz, Throgmorton said he should attend the upcoming
JCCOG meeting.
3.
In response to Throgmorton, City Manager Atkins stated he will obtain information
about what the four.foot gravel walkway on the east side of Hickory Hill Park.
Throgmorton encouraged the Parks and Recreation Commission to establish a Hickory
Hill Park policy.
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4. (Agenda Item #20) Throgmorton raised concerns about a bicycle not tripping a traffic
light and the potential of a bicyclist violating the bicycle ordinance. City Attorney
Woito stated that the last clause in the sentence states where feasible or where
applicable.
5. (Agenda Item #3.e.(2) - Letter from R. Lakes regarding problem of speeding cars in
Manville Heights area.) In response to Throgmorton, City Manager Atkins stated staff
will follow-up on correspondence.
6. (Agenda Item #21 - Toy vehicle ordinance.) Kubby stated that she does not want the
toy vehicle ordinance applied to every commercial zone. Council agreed to defer
Agenda Item #21 to November 22 to allow for staff input.
APPOINTMENTS:
Tape 94-127, Side 1
Board of Adjustment -: Susan Bender
Human Rights Commission - Joan Detwiler Jehle, Pamela Dautremont, Sara Mehlin
Parks & Recreation Commission - Karin Dee Vanderhoef, Rex Pruess
COUNCIL MEETING SCHEDULE DISCUSSION:
Tape 94-127, Side 1
Council reviewed the following meeting schedule:
Southeast Iowa Municipal League meeting: November 10
Human Service Agency Review Panel: Hearings start December 16
Council Meetings; November 21 . Work Session
November 22 - Formal
December 5 - Work Session
December 6 - Formal
December 21 . Work Session
December 22 - Formal
Meeting adjourned at 10:30 p,m.
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(Agenda Item #20) Throgmorton raised concerns about a bicycle not tripping a 'affic
light and the potential of a bicyclist violating the bicycle ordinance. City torney
Woito stated that the last clause in the sentence states where feasible r where
applicable.
5. Agenda Item #3.e.(2l - letter from R. lakes regarding problem of eeding cars in
anville Heights area.) In response to Throgmorton, City Manager tkins stated staff
wi follow-up on correspondence.
6. (Age da Item #21 - Toy vehicle ordinance.l Kubby stated th she does not want the
toy ve icle ordinance applied to every commercial zone. Council agreed to defer
Agenda tem #21 to November 22 to allow for staff inpu
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APPOINTMENTS:
Board of Adjustment Susan Bender
Human Rights Commi ion - Joan Detwiler Jehle, Pame a Dautremont, Sara Mehlin
Parks & Recreation Com ission - Karin Dee Vande rho f
Tape 94-127, Side 1
COUNCil MEETING SCHE UlE DISCUSSION:
Tape 94-127, Side 1
Council reviewed the followin meeting sched
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