HomeMy WebLinkAbout1994-11-22 Council minutes
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OFFICIAL COUNCIL ACTIONS-11/8/94
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 meeting,
7:30 p.m. at the Civic Center. Mayor Horowitz
presiding. Council Members present: Baker,
Horowitz, Kubby, Lehman, Novick, 'Pigott,
Throgmorton. Absent: None,
The Mayor proclaimed Kosai/lowa City
Cultural Exchange Week - November 14-19;
Geography Awareness Week. November 13-
19; Community Read-In Day - November 9.
Heritage Tree Volunteer Appreciation Day -
November 9. 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 informa-
tion 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 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 25, as pub-
lished, subject to corrections, as recom-
mended by the City Clerk.
Minutes of Boards and Commissions:
Airport Comm. meeting of September 1,
September 20; Riverfront and Natural
Areas Comm. meeting of September 21;
Sr. Center Comm. meeting of September
19; P&Z Comm. meeting of October 20;
Historic Preservation Comm, meeting of
October 11; P&R Comm. meeting of Octo-
ber 19; Human Rights Comm, meeting of
September 26, October 24.
Permit Motions: Class" E" Beer Permit
for Eagle Food Center #157, 600 N.
Dodge St, Class "E" Beer Permit for
ExpresStop, 2545 N. Dodge St. Class "B"
Beer Permit for Duds 'n Suds, 5 Sturgis
Dr,
Resolutions: RES. 94-335, ACCEPT-
ING 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 PUB-
LIC ACCESS AND USE. RES. 94.336,
ACCEPTING THE WORK FOR ROHRET
ROAD RECONSTRUCTION PROJECT,
PHASE 1. RES. 94-337, ACCEPTING THE
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Official Actions
November 8, 1994
Page 2
WORK FOR THE SANITARY SEWER,
STORM SEWER, WATER MAIN AND PAV-
ING PUBLIC IMPROVEMENTS FOR WILD
PRAIRIE ESTATES SUBDIVISION, PARTS
1 AND 2, AND DECLARING PUBLIC IM-
PROVEMENTS OPEN FOR PUBLIC AC-
CESS AND USE. RES. 94-338, AUTHO-
RIZING EXECUTION OF A PRIVATE
SANITARY SEWER SERVICE LINE EASE-
MENT AGREEMENT FOR CONNECTION
TO CITY PUBLIC SANITARY SEWER BE.
TWEEN 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
Southside 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 confer-
ence at the Lincoln Institute, "Community
Land Policy and River Flooding", Invitation
from ACT to the ground breaking ceremony
for the construction of a new distribu-
tion/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 fami-
lies from Galway Hills. Letter of apprecia-
tion 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, regard-
ing 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 Southside Commercial
Urban Revitalization Plan. Harvey Wehde
regarding the Near Southside Commercial
Urban Revitalization Plan.
Applications for City Plaza Use Per-
mits: John Ealer for permission to film
interviews of patrons of drinking establish-
ments on College Street for a class project
on November 4 and 5, 1994, approved.
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
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Official Actions
November 8, 1994
Page 3
the City's proposed neighborhood open space
ordinance. John Watson, member of the City's
Open Space Committee, urged Council pro-
ceeding with the ordinance. Holly Berkowitz,
612 Granada Ct., thanked Council for maintain-
ing Hickory Hill Park as a natural area. Jeanette
Ockenfels distributed hand-made book marks.
Moved and seconded to set a public hear-
ing for November 22, 1994, on an amendment
to City Code Section 14-6E-7, to regulate the
location of parking spaces in the Central Busi-
ness Support Zone,
A public hearing was held on an
amendment to City Code Section 14-6E-2,
Neighborhood Commercial Zone, to allow
restaurants as provisional uses or by special
exception with specific restrictions, and car
washes by special exception with specific
restrictions.
A public hearing was held on an ordinance
vacating a portion of Waterfront Drive located
southeast of the CRANDIC Railroad right-of-
way. Moved and seconded to continue the
public hearing to November 22. The Mayor
declared the motion carried.
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.1O zone.
Moved and seconded 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, be given
first vote for consideration. The Mayor declared
the motion carried.
Moved and seconded that the ordinance
amending City Code Section 14.6J-2, Planned
Development Housing Overlay 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.
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 Pay-
ment of Fees in Lieu of Land for Neighborhood
Open Space," be given second vote for consid-
eration. The Mayor declared the motion 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 record-
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Official Actions
November B, 1994
Page 4
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ing, be given second vote for consideration.
The Mayor declared the motion carried.
Moved and seconded to adopt ORD. 94-
3646, 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 ACCESSORY USE TO A FUNERAL HOME,
Moved and seconded to defer to Novem-
ber 22, 1994, an ordinance amending the
Zoning Ordinance to change the use regulations
of a 5.52 acre property located east of Water-
front Drive and the Crandic Railroad right-of-
way from CI-1, Intensive Commercial, to CC-2,
Community Commercial. The Mayor declared
the motion carried. Moved and seconded to
set a public hearing for November 22, on a
revised conditional zoning agreement for the
above mentioned applicant and land. The
Mayor declared the motion carried.
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 Wood-
house, Moved and seconded to accept corre-
spondence from Jen Madsen and Larry
Svoboda. The Mayor declared the motion
carried. Moved and seconded to continue the
public hearing to November 22. The Mayor
declared the motion carried.
Moved and seconded to defer until Novem-
ber 22, an ordinance amending Title 3, City
Finances, Taxation and Fees, Chapter 4, Sche-
dule of Fees, Rates, Charges, Bonds, Fines and
Penalties, Section 3-4.3 Potable Use and Ser-
vice and Section 3-4-4 Wastewater Treatment
Works User Charges. The Mayor declared the
motion carried.
The Mayor noted the previously an-
nounced vacancies: P&R Comm. . one vacancy
for a four-year term ending January 1, 1999.
This appointment will be made at the Novem-
ber 22 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 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 meeting of the City Council.
Moved and seconded to appoint Susan
Bender, 1145 Duck Creek Dr., to the Bd. of
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Official Actions
November 8, 1994
Page 5
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.
#30, to the Human Rights Comm. 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
8riar Dr., to the Parks and Recreation Comm. to
fill two vacancies for four-year terms ending
January 1, 1999, The Mayor declared the mo-
tion carried,
Moved and seconded to adopt RES, 94-
339, AUTHORIZING 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.
Moved and seconded to adopt RES. 94-
340, AUTHORIZING THE MAYOR TO EXECUTE'
AND THE CITY CLERK TO ATTEST A 28E
AGREEMENT FOR JOINT EXERCISE OF LAW
ENFORCEMENT AUTHORITY.
Moved and seconded to adopt RES. 94-
341, AUTHORIZING FUNDING OF ROOF RE- '
PLACEMENT PROJECT FOR THE AIRPORT
TERMINAL BUILDING AND THE UNITED HAN-
GAR BUILDING AT THE IOWA CITY MUNICI-
PAL AIRPORT.
Moved and seconded to adopt ORD, 94-
3647, AMENDING TITLE 2, ENTITLED "HU-
MAN 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" .
Moved and seconded to adopt RES. 94-
342, ESTABLISHING A NON-REFUNDABLE FEE
FOR THE REGISTRATION OF A DOMESTIC
PARTNERSHIP IN THE CITY OF IOWA CITY,
IOWA.
Moved and seconded 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 consideration. Moved and
seconded to amend the ordinance to change
the coliection of the impact fee from the build-
ing permit issuance to the occupancy permit
Issuance. The Mayor declared the motion to
amend carried. The Mayor declared the original
motion carried.
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Official Actions
November B, 1994
Page 6
--;.
Moved and seconded 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 Commer-
cial Urban Revitalization Area, be given first
vote for consideration. The Mayor declared the
motion carried.
Moved and seconded 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 Residen-
tial Urban Revitalization area, be given first
vote for consideration. The Mayor declared the
motion carried.
Moved and seconded that the ordinance
amending Title 9, entitled "Traffic," Chapter 9,
entitled "Definitions, Administration and En-
forcement 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. The Mayor
declared the motion carried,
Moved and seconded to defer to Novem-
ber 22 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.
Moved and seconded to adjourn 10:45
p.m. The Mayor declared the motion carried,
A more complete description of Council
activities is on file in t~e ffice of the City
Clerk. '~4A()n. ~;-t-- .'
stSUSAN M: FfORO ITZ, MA~: i
s/MARIAN K. ~ARR, c\JY C).jRK / ... ,( , ~/ ,',\ ;,/
l'J?,nu A"~ Cf(. ff"aA.tV ',;,., , \
I'~' .' , I:'; ~r.,llt..
Submitted for publication 11/17/94,
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 8, 1994
Iowa City City Council regular meeting, 7:30 p.m. atthe Civic Center. Mayor Horowitz
presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton. Absent: None. Staffmembers present: 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 of the 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
ROHREr 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 Southside
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Council Activities
November 8, 1994
Page 2
Commercial Urban Revitalization Plan. Harvey Wehde regarding the Near Souths ide
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, 7/0, 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-1), 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 Stores). 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, 7/0, 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 (OPDHI 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 I<ubby, 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, 7/0, 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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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
November 8, 1994
Page 4
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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
AGREEMENT FOR JOINT EXERCISE OF LAW ENFORCEMENT AUTHORITY. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Novick, seconded by Baker, to adopt 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: Ayes: 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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Council Activities
November 8, 1994
Page 5
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.
Susan M. Horowitz, Mayor
Marian K. Karr, City Clerk
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Council Activities
November 8, 1994
Page 4
pro ess that allows for no-issue campaigning, noting the level of debate in cam aigns locally
are f ir better in comparison.
Mayor Horowitz reminded citizens of the annual meeting of the Boar of Directors of
Public cess Television scheduled November 17, 1994, in Room A of t Iowa City Public
Library. e also urged citizens to become aware of, and participate n, a reception and
various ac 'vities associated with Kosaillowa City Cultural Exchange W ek November 14-19,
1994, The ayor also noted upcoming performances at City High an the Senior Center; the
dedication of he Habitat for Humanity home, noting especially the ork of Lowell Lichty; and
Trash Talk ap earing in the Advertiser; and acknowledged t e article in the national
newspaper for enior centers on our local Senior Centers W Id War II Commemorative
Month.
Moved by P ott, seconded by Lehman, to adopt RES 94-339, Bk. 112, p, 339, AU-
THORIZING THE MA OR TO SIGN AND CITY CLERK TO AT EST AN AGREEMENT BETWEEN
MMS CONSULTANT INC. OF IOWA CITY, IOWA, A D THE CITY OF IOWA CITY TO
PROVIDE CONSULTI G SERVICES FOR IMPROV ENTS TO THE WASTEWATER
COLLECTION FACILlTIE ,Council Member Novick t amount stated in the comment was
incorrect and the amount hould read $55,645, Aft' mative roll call vote unanimous, 7/0, all
Council Members present. he Mayor declared th resolution adopted,
Moved by Kubby, se onded by Novick, to adopt RES. 94-340, Bk, 112, p, 340,
AUTHORIZING THE MAYOR TO EXECUTE ND THE CITY CLERK TO ATTEST A 28E
AGREEMENT FOR JOINT EXE ISE OF LA ENFORCEMENT AUTHORITY, Affirmative roll
call vote unanimous, 7/0, all Co ncil Me ers present. The Mayor declared the resolution
adopted.
Moved by Novick, second b Baker, to adopt RES. 94-341, Bk, 112, p, 341,
AUTHORIZING FUNDING OF ROOF LACEMENT PROJECT FOR THE AIRPORT TERMINAL
BUILDING AND THE UNITED HANG BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT
to D.C. Taylor for $54,120. Affir ativ roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the esolut n adopted,
Moved by Kubby, secon ed by Th gmorton, to adopt ORD. 94-3647, Bk. 37, p. 44,
AMENDING TITLE 2, ENTITLE "HUMAN GHTS" OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, TO RE AL THE TITL AND ADOPT A NEW TITLE TO BE KNOWN AS
"IOWA CITY HUMAN RIG S ORDINANCE". Individual Council Members expressed their
views, Human Right Coor inator Shank pres t for discussion. The Mayor declared the
ordinance adopted, 6/1, ith the following divis n of roll call vote: Ayes: Novick, Pigott,
Throgmorton, Baker, Hor witz, Kubby. Nays: Le man. Absent: None,
Moved by Baker., seconded by Kubby, to dopt RES. 94-342, Bk, 112, p, 342,
ESTABLISHING A N -REFUNDABLE FEE FOR T REGISTRATION OF A DOMESTIC
PARTNERSHIP IN T E CITY OF IOWA CITY, IOWA. The Mayor declared the resolution
adopted, 6/1, with e following division of roll call vote: yes: Pigott, Throgmorton, Baker,
Horowitz, Kubby, ovick. Nays: Lehman. Absent: None
Moved b Pigott, seconded by Baker, that the ordin nce amending Title 14, "Unified
Development ode," of the City Code, by amending Chapte 9, Article A, Entitled "Parking
Facility Impa t Fee," to include Commercial Development, b given first vote for consider-
ation. Indiv' ual Council Members expressed their views. PCD Director Franklin present for
discussio . After discussion, moved by Baker, seconded by Pig tt, to amend the ordinance
to chan the collection of the impact fee from the building permit 'ssuance to the occupancy
permit ssuance. The Mayor declared the motion to amend carr d unanimously, 7/0, all
Coun il Members present. After further discussion, moved by Bake seconded by Pigott, to
am d the ordinance by exempting hotels from the impact fee if th enter into a parking
co tract with the City. The Mayor declared the motion to amend defe ed, 1/6, with Baker
v ting in the affirmative. The Mayor declared the original motion carrie as amended, 5/2,
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 22, 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, Woito, Karr, Franklin,
Yucuis, Donahue. Council minutes tape recorded on Tapes 94-130, Side 2; 94-133 & 94-134,
Both Sides; 94-135, Side 1.
The Mayor presented the Outstanding Student Citizen Awards to students of Lincoln
Elementary School: Joel Donham, Justin McDonald, Heather' Pezzella, Kimberly Poppendorf.
The Mayor proclaimed City High Little Hawks Boys' Cross Country Team Recognition
Day - November 22, 1994, Asst. Coach Marsh and members of the Championship Team
accepted the proclamation; City High Little Hawks Football Team Recognition Day - November
20, 1994; Family Week - November 20-24, 1994,
Moved by Throgmorton, seconded by Pigott, 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 November 8,
1994, as published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Animal Control Advisory Bd, meeting of
September 21, 1994; Bd. of Adjustment meeting of October 12, 1994; Charter
Review Comm. meeting of November 2, 1994; Airport Comm. meeting of October 3,
1994, October 18, 1994; Bd. of Library Trustees meeting of October 27, 1994; P&Z
Comm. meeting of November 3, 1994; Historic Preservation Comm, meeting of
November 8, 1994; Civil Service Comm. meeting of September 28, 1994; P&R Comm.
meeting of November 9, 1994.
Permit Motions: Approving a Class "C" Liquor License for Inc., Limited dba The
Sanctuary Restaurant, 405 S. Gilbert. Approving a Class "C" Liquor License for The
Ground Round, Inc. dba The Ground Round, 830 S, Riverside Dr. Approving a Class
"C" Liquor License for Pagliai's Pizza Palace, Ltd" dba Pagliai's Pizza, 302 E.
Bloomington St. Approving a Class "E" Liquor License for Randall's International, Inc.,
dba Randall's Pantry, 1851 Lower Muscatine Road. Approving a Class B Beer Permit
for Mazzio's Pizza Inc., dba Mazzio's Pizza, 1950 L. Muscatine Ave. Approving a Class
C Beer Permit for Fareway Stores, Inc. dba Fareway Stores, Inc., 2530 Westwinds Dr,
Motions: Approve Disbursements in the amount of $8,421,072,77 for the
period of October 1 through October 31, 1994, as recommended by the Finance
Director subject to audit.
Resolutions, Bk. 112: RES. 94-343, p. 343, RELEASING AN EXISTING AND
ACCEPTING A NEW PUBLIC WALKWAY EASEMENT LOCATED ON LOTS 9 AND 10,
WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A NEW
PUBLIC WALKWAY EASEMENT FOR LOTS 9 AND 10 OFTHE SAME PROPERTY. RES.
94-344, p, 344, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC WALKWAY
EASEMENT FOR LOTS 8, 9, 10 AND A PORTION OF LOT 15, WEST SIDE PARK, AN
ADDITION TO IOWA CITY, IOWA. RES. 94-345, p. 345, AUTHORIZING EXECUTION
OF AN AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF
IOWA CITY, VILLAGE GREEN SOUTH L.C. AND VILLAGE GREEN SOUTH HOME-
OWNERS' ASSOCIATION FOR PLACEMENT OF AN ENTRANCE SIGN ON STREET
RIGHT-OF-WAY WITHIN THE VILLAGE GREEN SOUTH DEVELOPMENT.
Correspondence: Chair of ICAD Board of Directors expressing appreciation for
support from the Iowa City Council. Mildred M. Flynn regarding noise problems in the
vicinity of Ecumenical Towers. Jim Glasgow regarding the proposed water treatment
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Council Activities
November 22, 1994
Page 2
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plant site. Duane Bickford submitting twelve ideas for consideration. Notice of
purchase of equipment from Central Procurement and Services Division. Memorandum
from Traffic Engr. regarding: Stop sign installation in Creekside Neighborhood -
Addendum #1; Stop sign installation in Near Northside Neighborhood - Addendum #1;
Stop sign installation in the TeglAber Neighborhood - Addendum #1. Christina Randall
regarding the Court Hill bus route. Kevin Hanick regarding the new southside
development.
Applications for City Plaza Use Permits: Iowa City Astronomy Club for
permission to set up equipment on College Street adjacent to the Public Library on
November 11, 1994, approved. Partisan Defense Committee for permission to set up
a table on November 19, 1994, for the purpose of distributing literature and accepting
donations, approved. Downtown Association for permission to place lights on the trees
on City Plaza beginning November 19, 1994, approved.
Application for the use of streets and public grounds: The Salvation Army for
the use of public sidewalks in various locations for their bell ringers during the period
of November 17 through December 24, 1994.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Lehman, seconded by Baker, to set a public hearing for December 6, 1994,
on an amendment to the Zoning Ordinance changing the use regulations of RM-12 zoned
properties located generally along Fairchild and Davenport Streets between Dubuque Street
and Dodge Street, and in the 200 block along Bloomington Street from RM-12, Low Density
Multi-Family Residential to RNC-12, Neighborhood Conservation Residential. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on an amendment to City Code Section 14-6E-7, to regulate
the location of parking spaces in the Central Business Support Zone (CB-51. No one appeared.
A public hearing was held on 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. No
one appeared.
Moved by Novick, seconded by Pigott, 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, be given first vote for consideration (Hy-Vee/revised agreement) PCD
Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried. .
Moved by Novick, seconded by Lehman, that the ordinance amending the Zoning
Ordinance by conditionally changing the land use regulations of approximately 5.52 acres of
land located east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City,
Iowa, from CI-1, Intensive Commercial, to CC-2, Community Commercial (Hy-Vee/original
agreement), be passed and adopted. The Mayor declared the motion defeated, 0/7, all Council
Members present.
A public hearing was held on an ordinance vacating a portion of Waterfront Drive
located southeast of the CRANDIC Railroad right-of-way IHy-Veel. No one appeared.
Moved by Kubby, seconded by Pigott, to refer the following items back to the P&Z
Comm.: 6g. public hearing on an amendment to the Comprehensive Plan to change the land
use map designation of property located east of Harlocl<e Street from 16-24 dwelling units
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November 22, 1994
Page 3
per acre to 2-8 dwelling units per acre; 6h, a resolution amending the Comprehensive Plan to
change the land use map designation of property located east of Harlocke Street from 16-24
dwelling units per acre to 2-8 dwelling units per acre; 61. public hearing on an amendment to
the Comprehensive Plan to change the land use map designation of property located on the
north side of Highway 1 West from 8 - 16 dwelling units per acre to 2-8 dwelling units per
acre; 6j, a resolution amending the Comprehensive Plan to change the land use map
designation of property located on the north side of Highway 1 from 8-16 dwelling units per
acre to 2-8 dwelling units per acre; 6k. public hearing on an ordinance amending the Zoning
Ordinance by changing the use regulations of approximately four acres of land, known as the
Jensen Tract, located east of Harlocke Street from RM-44, High Density Multi-Family
Residential, to RS-5, Low Density Single-Family Residential; 61. an ordinance amending the
Zoning Ordinance by changing the use regulations of approximately four acres of land, known
as the Jensen tract, located east of Harlocke Street from RM-44, High Density Multi-Family
Residential, to RS-5, Low Density Single-Family Residential; 6m. public hearing on an ordi-
nance amending the Zoning Ordinance by changing the use regulations of an approximate
11.5 acre tract of land, known as the Ruppert tract, located generally north of Highway 1
West from RM-44, High Density Multi-Family Residential, to RS-8, Medium Density Single-
family Residential; 6n. an ordinance amending the Zoning Ordinance by changing the use
regulations of an approximate 11.5 acre tract of land, known as the Ruppert tract, located
generally north of Highway 1 West from RM-44, High Density Multi-Family Residential, to RS-
8, Medium Density Single-family Residential; 60. public hearing on an ordinance amending the
Zoning Ordinance by changing the use regulations of an approximate two acre tract of land
located generally on the west side of Harlocke Street from RM-44, High Density Multi-Family
Residential, to RS-5, Low Density Single-Family Residential; 6p, an ordinance amending the
Zoning Ordinance by changing the use regulations of an approximate two acre tract of land
located generally on the west side of Harlocke Street from RM-44, High Density Multi-Family
Residential, to RS-5, Low Density Single-Family Residential. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Pigott, seconded by Throgmorton, that 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 restrictions, and car washes by special exception with
specific restrictions, 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 Throgmorton, seconded by Pigott, that 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, 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 Baker, seconded by Novick, that 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 ICB-5), be given second vote for consideration, The
Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes:
Horowitz, Novick, Pigott, Throgmorton, Baker. Nays: Kubby, Lehman, Absent: None.
Moved by Kubby, seconded by Throgmorton, to adopt ORD. 94-3648, Bk, 37, p. 45,
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 NEIGHBOR-
HOOD OPEN SPACE. The Mayor declared the ordinance adopted, 6/1, with the following
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November 22, 1994
Page 4
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division of roll call vote: Ayes: Horowitz, Kubby, Novick, Pigott, Throgmorton, Baker. Nays:
Lehman. Absent: None.
Moved by Kubby, seconded by Novick, to adopt ORD, 94.3649, Bk, 37, p. 46, AME-
NDING 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." Individual Council Members expressed their views. The
Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes:
Kubby, Novick, Pigott, Throgmorton, Baker, Horowitz. Nays: Lehman. Absent: None.
Moved by Lehman, seconded by Novick, to adopt ORD. 94-3650, Bk. 37, p, 47,
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. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the ordinance adopted,
Moved by Novick, seconded by Pigott, to adopt RES. 94-346, Bk. 112, p. 346,
APPROVING THE PRELIMINARY AND FINAL PLAT OF VILLAGE GREEN, PART XIII,
INCLUDING A RESUBDIVISION OF A PART OF VILLAGE GREEN, PART III, IOWA CITY, IOWA,
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted,
Moved by Novick, seconded by Lehman, to adopt ORD. 94-3651, Bk. 37, p, 48,
AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS FOR AN
APPROXIMATE 166 ACRES OF CITY-OWNED PROPERTY KNOWN AS THE IOWA CITY
SOUTH WASTEWATER TREATMENT PLANT SITE FROM COUNTY MI AND A 1 TO P, PUBLIC.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the ordinance adopted,
Moved by Lehman, seconded by Throgmorton to withdraw 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 noted a letter was sent to the Johnson
County Board of Supervisors on October 28, 1994, expressing formally the City's position on
the matter and therefore consideration of this resolution was no longer needed. 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 L
fees. The following individuals appeared: Ed Barker, 6 Lime Kiln Lane NE; Ken Wessels, 724 fAI
N. Dodge; Anna Buss, 525 W. Benton; Mark Smith, 205 N, Westminster; Joe Don~ti, United l~ \ \~
Technologies; Harvey Wehde, 2408 Whispering Prairie Ave,; Charles Denninger; Keith Neuzil,
40 Ventura Ave.; Lance Tyson, 29 W. Burlington; Steve Pattee, 331 S. Johnson; Rod Shutt,
520 S. Governor; John Lohman, 9 1/2 S. Dubuque St.; Larry Svoboda, 16 Cherry Lane; Dean
Thornberry, 1202 Oakes Dr.; Holly Berkowitz, 612 Granada Ct.; Jim Glasgow; Jim Freeman,
1802 Winston Dr.; Donna Wilson, 1926 Broadway; Dave Clark; John Balmer, 10 Princeton
Ct.; Philip Zell, 2126 Plaen View; Dick Dolezal, 1111 Marcy; Lou Licht, 9 Norwood Circle;
Karmen Glasgow, 1521 Buresh; Bob Welsh, 84 Penfro; Gary Sanders, 728 Oakland; Charley
Greenewald; Bruce Glasgow, 834 N. Johnson; Bruce Randall; Jerry Full, 906 S. Lucas; John
Rummelhart, Jr.; Ron Johnson; Roberta Patrick, 515 Oakland; Jerry Feick. Finance Director
Yucuis present for discussion. Moved by Novick, seconded by Pigott, to accept correspon-
dence from: Bob Welsh; E. Lucile Miller; M.L. Fountain; James Boorman; Evelyn Scott; Robert
Myers; Patricia Lindholm; Anna Buss; Edwin Barker; Harvey Wehde; Bruce Glasgow; John
Rummelhart. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present. Moved by Pigott, seconded by Throgmorton, to continue the public hearing to
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November 22, 1994
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December 6, 1994, The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Lehman, seconded by Throgmorton, that the 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, be given first vote for consideration, Moved by Throgmorton,
seconded by Pigott, that the ordinance be divided into two ordinances, dealing with water and
wastewater separately. The Mayor declared the motion to amend carried unanimously, 7/0,
all Council Members present. Moved by Pigott, seconded by Lehman, to defer to December
6, 1994, consideration of the ordinances. The Mayor declared the motion to defer carried
unanimously, 7/0, all Council Members present.
Council took a brief recess.
The Mayor noted the previously announced 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 Throgmorton, to appoint Judith Klink, 1101 Harlocke
St., to the Parks and Recreation Commission to fill a four-year term ending January 1, 1999.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Council Member Baker stated he had been contacted regarding a problem with the left
turn light at West High, Staff will follow up,
Mayor Horowitz acknowledged the efforts of Dr. Steven Fox and Alan Roberts in
bringing the Kosai Town Cultural delegation to Iowa City.
Moved by Novick, seconded by Pigott, to refer to the Rules Committee a recommenda-
tion from the Parks and Recreation Comm, to approve a new set of bylaws, and forward them
to the City Council for adoption, The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Pigott, seconded by Lehman, to adopt a resolution authorizing the Mayor to
sign and City Clerk to attest an agreement between Stanley Consultants, Inc. of Muscatine,
Iowa, and the City of Iowa City to provide Consulting Services to perform value Engineering
Studies on the Iowa City Water Facilities Improvement Project. Individual Council Members
expressed their views, Moved by Kubby, seconded by Throgmorton, to defer the resolution
to December 6, 1994. The Mayor declared the motion carried, 5/2, Baker, Horowitz voting
no. Absent: None.
Moved by Novick, seconded by Kubby, to adopt RES. 94-347, Bk. 112, p. 347, RATI-
FYING SETTLEMENT OF PENDING UTIGA TION to Debbie Olson for $30,000. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted,
Moved by Novick, seconded by Lehman, that the ordinance establishing and regulating
the location of entrance drives to private property along and adjacent to U,S. Highway No.
6 from the westerly City limits to Rocky Shore Drive in Iowa City, Johnson County, Iowa, 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 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 second vote for
consideration. PCD Director Franklin present for discussion. The Mayor declared the motion
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Council Activities
November 22, 1994
Page 6
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carried, 5/2, with the following division of roll call vote: Ayes: Horowitz, Novick, Pigott,
Throgmorton, Baker, Nays: Kubby, Lehman, Absent: None,
Moved by Pigott, 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 Commercial Urban Revitalization Area, be given second vote for consideration. The
Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes:
Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Nays: Kubby. Absent: None.
Moved by Throgmorton, 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 Residential Urban Revitalization Area, be given second vote for consideration,
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Lehman, seconded by Kubby, 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 second vote for
consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by Pigott, seconded by Kubby, to defer indefinitely 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 devices upon
sidewalks in the commercial district. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Moved by Kubby, seconded by Pigott, to adjourn 12: 1 0 a.m, The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
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City of Iowa City
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Date: December 1, 1994
To: Mayor and City Council
From: City Cler.k
Re: Council Work Session, November 21, 1994 - 6:50 p.m. in Council Chambers
Mayor Susan Horowitz presiding. Council present: Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton. City staff present: Atkins, Helling, Woito, Karr, Franklin, Miklo, Yucuis,
Davidson, Fowler, Logsdon, Schoon.
Reel 94-131, All; 94-132, Side 1,
CONSENT CALENDAR ADDITIONS
Reel 94-131, Side 1
Council agreed to consider the following additions to the consent calendar:
Consideration of a motion approving a Class C Beer Permit for Fareway Stores, Inc.,
2530 Westwinds Drive.
Consideration for a motion approving a Class B Beer Permit for Mazzio's Pizza, 1950
Lower Muscatine Avenue.
REVIEW ZONING MATTERS
Reel 94.131, Side 2
PCD Senior Planner Miklo presented the following Planning and Zoning items:
a.
Settino a DubUc hearinQ for December 6. 1994. on an amendment to the Zonino
Ordinance chanQinQ the use reQulations of RM-12 zoned Drooerties located oenerallv
alono Fairchild and DavenDort Streets between Dubuoue Street and Dodoe Street. and
in the 200 block alono BloominQton Street from RM-12. Low Densitv Multi-Family
Residential to RNC-12. Neiohborhood Conservation Residential.
Council asked that Historic Preservation Commission look at Dubuque Street.
b. Public hearino on an amendment to Citv Code Section 14-6E-7. to reoulate the location
of Darkino sDaces in the Central Business SuDDort Zone (CB-51,:
PCD Director Franklin responded to questions.
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c. Public hearino on an ordinance amendino the Zonino Ordinance to chanoe the use
reoulations of a 5.52 acre orooertv located east of Waterfront Drive and the CRANDIC
Railroad rioht-of-wav from CI-1. Intensive Commercial. to CC-2. Communitv Commer-
cial. (Hy-Vee/REZ94-00101
Miklo stated a new conditional zoning agreement has been proposed reconfiguring
Waterfront Drive so that it does not cross at a diagonal. Kubby requested overhead
projections of the two site plans for Council's formal meeting.
d. Ordinance amendino the Zonino Ordinance to chanoe the use reoulations of a 5,52
acre orooerty located east of Waterfront Drive and the CRANDIC Railroad rioht-of-wav
from CI-1, Intensive Commercial. to CC-2. Community Commercial. (Hv-Vee/REZ94-
00101 (First consideration I
e. Ordinance amendino the Zonino Ordinance to chanoe the use reoulations of a 5.52
acre orooerty located east of Waterfront Drive and the CRANDIC Railroad rioht-of-wav
from CI-1. Intensive Commercial. to CC-2. Community Commercial. jHy-Vee/REZ94-
00101 (Pass and adootl
f. Public hearino on an ordinance vacatino a oortion of Waterfront Drive located
southeast of the CRANDIC Railroad rioht-of-wav, (Hv-Vee/VAC94-00061.
In response to Horowitz, PCD Director Franklin explained the City would withdraw the
application to vacate a portion of Waterfront Drive and remove item f from the agenda.
g, Public hearino on an amendment to the Comorehensive Plan to chanoe the land use
maD desionation of orooerty located east of Harlocke Street from 16-24 dwellino units
oer acre to 2-8 dwellino units oer acre.
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PCD Director Franklin and Planning and Zoning Commission member Dick Gibson
provided information. Council decided to refer items g through p back to the Planning
and Zoning Commission,
h.
Resolution amendino the Comorehensive pran to chanoe the land use maD desionation
of orooertv located east of Harlocke Street from 16-24 dwellino units oer acre to 2-8
dwellino units oer acre.
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Public hearino on an amendment to the Comorehensive Plan to chanoe the land use
maD desionation of orooertv located on the north side of Hiohwav 1 West from 8 - 16
dwellino units oer acre to 2-8 dwellino units oer acre.
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Resolution amendino the Comorehensive Plan to chanoe the land use maD desionation
of orooertv located on the north side of Hiohwav 1 from 8-16 dwellino units oer acre
to 2-8 dwellino units oer acre.
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Public hearino on an ordinance amendino the Zonino Ordinance bv chanoino the use
reoulations of aooroximatelv four acres of land. known as the Jensen Tract. located
east of Harlocke Street from RM-44. Hioh Densitv Multi-Familv Residential. to RS-5 ,
Low Densitv Sinole-Familv Residential. (REZ93-0007l
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I. Ordinance amendino the Zonina Ordinance bv chanaino the use reaulations of
aooroximatelv four acres of land. known as the Jensen tract. located east of Harlocke
Street from RM-44. Hioh Densitv Multi-Familv Residential. to RS-5. Low Densitv
Sinole-Familv Residential. IREZ93-0007l (First consideration)
m. Public hearinq on an ordinance amendina the Zoninq Ordinance bv chanaina the use
reaulations of an aooroximate 11.5 acre tract of land. known as the RUODert tract.
located aenerallv north of Hiqhwav 1 West from RM-44. Hiqh Densitv Multi-Familv
Residential. to RS-8. Medium Densitv Sinqle-familv Residential. (REZ93-0007l
n. Ordinance amendina the Zonina Ordinance bv chanaino the use reaulations of an
aooroximate 11.5 acre tract of land. known as the RUODert tract. located aenerallv
north of Hiqhwav 1 West from RM-44. Hiqh Densitv Multi-Familv Residential. to RS-8,
Medium Densitv Sinqle-familv Residential. lREZ93-0007l (First considerationl
o. Public hearina on an ordinance amendinq the Zoninq Ordinance bv chanaina the use
reaulations of an aooroximate two acre tract of land located aenerallv on the west side
of Harlocke Street from RM-44. Hiqh Densitv Multi-Familv Residential, to RS-5, Low
Densitv SinQle-Familv Residential. lREZ93-0007)
p.
Ordinance amendinq the Zonina Ordinance bv chanQina the use reQulations of an
aDoroximate two acre tract of land located aenerallv on the west side of Harlocke
Street from RM.44. Hiqh Densitv Multi-Familv Residential, to RS-5, Low Densitv
Sinqle-Familv Residential. lREZ93-0007L (First consideration)
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Amendment to Citv Code Section 14-6E-2, Neil:lhborhood Commercial Zone lQ!:11
to allow restaurants as orovisional uses or bv soecial exceotion with soecific
restrictions, and car washes bv soecial exceotion with soecific restrictions. (First
considerationl
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Amendments to Citv Code Section 14-6B-2 and Section 14.6E-8 to oermit restaurant
carrv-out uses in the CB.1 0 zone, (First considerationl
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Amendments to the ZoninQ Ordinance, Section 14-6N-1, Off-Street Parkinq
Requirements. to require oarkina soaces for commercial uses in the Central Business
Suooort Zone lCB-5l. lSecond considerationl
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Amendment to Citv Code Section 14.6J-2. Planned Develooment Housina Overlav
iQPDHl Zone to reauire dedication of land or oavment of fees in lieu of land for
neiqhborhood ooen so ace. (Pass and adoPtl.
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Ordinance amendina Title 14, Chaoter 7. "Land Subdivisions," of the Citv Code bv
addina a new article D entitled "Dedication of Land or Pavment of Fees in Lieu of Land
for Neil:lhborhood Ooen Soace." lPass and adootl
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Amendment to Title 14. Unified Development Code. Chaoter 7, Land Subdivisions, bv
amendina Article A of the Citv Code to reauire review and aooroval of the division of
land orior to recordinq, lPass and adootl
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Resolution aoorovina the preliminarv and final olat of Villaae Green, Part XIII. includinl:l
a resubdivision of a oortion of Villal:le Green, Part III, an 11.57 acre, 17 lot residential
subdivision located east of Wellinl:lton Drive. lSUB94.00131
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x. Ordinance amendinQ the Zonino Ordinance to rezone the Citv's south wastewater
treatment olant site to P. Public. (REZ94-0005l (Pass and Adopt)
y. Resolution statino the Citv's commitment to orovide a north access to the South
Wastewater Treatment Plant Site and to restrict the use of Nurserv Lane.
Miklo recommended withdrawing item y. City Attorney Woito stated she will present
Council with a formal agreement between the County and City regarding north access,
use of Napoleon Road, ~tc. Council agreed to withdraw item y.
NEAR SOUTHSIDE
Reel 94-131 ; Side 1
PCD Director Franklin presented information about the near southside proposals and
distributed copies of two resolutions (previously in October 21 packet), authorizing preparation
of a design plan and a resolution of intent to vacate Dubuque Street.
In response to Council, Franklin stated staff will report back to Council regarding the design
plan components.
Council agreed to withdraw the proposed resolution to vacate Dubuque Street right of way
between Burlington Street and Court Street. Majority of Council concurred with language of
the resolution authorizing the preparation of the design plan.
Franklin and Council commented on correspondence received from Kevin Hanick (consent
calendar 4.f,(811. Horowitz explained that Council members who voted to defeat the
amendment to the parking impact fee ordina[1ce that would exempt hotels that had a lease
agreement with the City can bring it back for consideration,
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Staff Action: Resubmit reinvestment projections based on 50% and 100% reinvestment.
(Franklin)
COURT HILL TRANSIT ROUTE
Reel 94-131; Side 2
Parking and Transit Dire'ctor Fowler and Transit Manager Logsdon presented information about
the Court Hill transit route.
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Council requested that staff provide better notification to Council and people on the bus
routes. Kubby suggested that a free bus pass be included in the notification sent out to
residents.
Staff Action: Council to be notified of route changes in advance in the future. (Fowler)
COUNCIL AGENDA/TIME
Reel 94-131 ; Side 2
1. City Clerk Karr noted Council received two additions to the agenda: item #20, an
ordinance adding permission for bicyclists (second consideration) and item #21, an
ordinance adding provisions for toy vehicles (final considerationl, Council agreed to
defer indefinitely the toy vehicles, item #21.
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2.
Agenda items #7 and #8 - Water and wastewater public hearing and ordinance (City
Manager Atkins distributed handouts schedule 1 water rates and schedule 2 water
rates). Atkins presented information about the water and wastewater public hearing,
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ordinance, and tap-on charge. In response to Council, Atkins stated he will prepare a
draft resolution regarding low-income policy. Atkins asked Council to reach consensus
on whether to proceed with a tap-on charge and flat rates.
In response to Horowitz, Atkins explained that action is needed by the end of
December to package the bond sale by spring. City Clerk Karr noted the ordinance
must be published by the end of December to give two months notice to make the
rates effective March 1,
Kubby requested aerial photos of the proposed water plant site to be provided at
Tuesday's formal Council meeting and staff be present to respond to questions about
water and wastewater,
3. Lehman requested that the December 5, 1994 Council work session be rescheduled
to December 6, 1994. Council agreed to reschedule the December 5 Council work
session to December 6, at 6:00 p.m.
4. Horowitz noted that Lehman is attending the JTPA and JCCOG meetings.
5. Throgmorton stated he met with John Lohman, President of the University of Iowa
Student Senate and discussed rate increases, lighting, traffic safety and jaywalking,
and appointments to City boards and commissions. Throgmorton and Lohman also
discussed representation on the JCCOG multi-family dwelling recycle committee.
6. Horowitz stated she needs to send a letter to JCCOG regarding Baker's appointment
to JCCOG (replacing Pigott).
7. Pigott requested that Council schedule a work session discussion about outdoor cafes,
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B. Kubby requested that the City Council request that Johnson County Board of
Supervisors schedule a joint council supervisor meeting in January. Staff will follow
up.
9. In response to Kubby, City Manager Atkins stated that PCD Director Franklin is
meeting with the Fringe Area committee.
10. In response to Kubby, Council accepted City Clerk's policy regarding meeting diskettes
as outlined in Karr's November 15 memo regarding transcriptions of meetings.
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11, In response to Kubby, Horowitz stated the SEATS Committee will be reconvened after
information is received.
12. Kubby noted Council received correspondence from John Kennedy regarding switching
the entrance and exit drives at West High School. Lehman stated the school board has
already looked at that issue.
13. Horowitz asked Council to give her information to take to the National League of Cities
meeting concerning policies of transportation, human development and finance.
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15. In response to Horowitz, Council agreed to join the environmental caucus.
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APPOINTMENTS
Reel 94.132; Side 1
Parks and Recreation Commission: Judith Klink, 1101 Harlocke Drive.
Meeting adjourned at 9: 15.
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