HomeMy WebLinkAbout1994-12-06 Council minutes
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OFFICIAL COUNCIL ACTIONS - 11/21/94
The cost of publishing the following
proceedings and claims is $
Cumulative cost for this calendar year for said
publication is $
Iowa City Council special meeting, 6:30
p.m. at the Civic Center. Mayor Horowitz
presiding. Council Members present: Baker,
Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton. Absent: None.
Moved and seconded to adjourn to
executive session to discuss strategy with
counsel in matters that are presently in
litigation or where litigation is imminent where
its disclosure would be likely to prejudice or
disadvantage the position of the governmental
body in that litigation. The Mayor declared the
motion carried.
Moved and seconded to adjourn 6: 55
p.m. The Mayor declared the motion carried.
A more complete description of Council
activities i on file in the pjficJW1f. thp. City
Clerk. . . P4t..)7"~/L
s/SUSAN M. HOROWITZ, MAY@
S/MARIA~=Si?iY~
Submitted for publication 11/29/94.
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OFFICIAL COUNCIL ACTIONS - 11/22/94
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 presented the Outstanding
Student Citizen Awards to students of Lincoln
Elementary School: Joel Donham, Justin Mc-
Donald, Heather Pezzella, Kimberly Poppendorf,
The Mayor proclaimed City High Little
Hawks Boys' Cross Country Team Recognition
Day - November 22, Asst. Coach Marsh and
members of the Championship Team accepted
the proclamation; City High Little Hawks Foot-
ball Team Recognition Day - November 20;
Family Week - November 20-24.
Moved and seconded that the following
items and recommendations in the Consent
Calendar be received, or approved, and/or
adopted as amended:
Approval of Official Council actions of
the regular meeting of November B, as
published, subject to corrections, as rec-
ommended by the City Clerk. ,
Minutes of 80ards and Commissions:
Animal Control Advisory Bd. meeting of
September 21; Bd. of Adjustment meeting
of October 12; Charter Review Comm.
meeting of November 2; Airport Comm.
meeting of October 3, October 18; Bd. of
Library Trustees meeting of October 27;
P&Z Comm. meeting of November 3;
Historic Preservation Comm. meeting of
November 8; Civil Service Comm. meeting
of September 28; P&R Comm. meeting of
November 9.
Permit Motions: Class "C" Liquor
License for The Sanctuary Restaurant, 405
S. Gilbert. Class "C" Liquor License for
The Ground Round, 830 S. Riverside Dr.
Class "C" Liquor License for Pagliai's
Pizza, 302 E. Bloomington St. Class "E"
Liquor License for Randall's Pantry, 1851
Lower Muscatine Road. Class B Beer
Permit for Mazzio's Pizza, 1950 L.
Muscatine Ave. Class C Beer Permit for
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,
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Official Actions
November 22, 1994
Page 2
as recommended by the Finance Director
subject to audit.
Resolutions: RES. 94-343, RELEAS-
ING 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 AUTHORIZ-
ING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A NEW PUBLIC
WALKWAY EASEMENT FOR LOTS 9 AND
10 OF THE SAME PROPERTY. RES. 94-
344, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST
A PARTIAL RELEASE AGREEMENT CON-
CERNING THE PUBLIC WALKWAY EASE-
MENT FOR LOTS B, 9, 10 AND A POR-
TION OF LOT 15, WEST SIDE PARK, AN
ADDITION TO IOWA CITY, IOWA. RES.
94-345, 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 PLACE-
MENT 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. Mil-
dred M. Flynn regarding noise problems in
the vicinity of Ecumenical Towers, Jim
Glasgow regarding the proposed water
treatment plant site. Duane Bickford sub-
mitting twelve ideas for consideration.
Notice of purchase of equipment from
Central Procurement and Services Divi-
sion. Memorandum from Traffic Engr.
regarding: Stop sign installation in Creek-
side Neighborhood - Addendum 111; Stop
sign installation in Near Northside Neigh-
borhood - Addendum 111; Stop sign instal-
lation in the Teg/Aber Neighborhood -
Addendum 111. Christina Randall regarding
the Court Hill bus route. Kevin Hanick
regarding the new southside development.
Applications for City Plaza Use Per-
mits: Iowa City Astronomy Club for per-
mission to set up equipment on College
Street adjacent to the Public Library on
November 11, approved. Partisan Defense
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Official Actions
November 22, 1994
Page 3
Committee for permission to set up a table
on November 19, for the purpose of dis-
tributing literature and accepting dona-
tions, approved. Downtown Association
for permission to place lights on the trees
on City Plaza beginning November 19,
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.
The Mayor declared the motion carried.
Moved and seconded to set a public hear-
ing for December 6 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 Residen-
tial. The Mayor declared the motion c'arried.
A public hearing was held on an amend-
ment 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 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-l, Intensive
Commercial, to CC-2; Community Commercial.
Moved and seconded 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-l, Intensive
Commercial, to CC-2, Community Commercial,
be given first vote for consideration. The
Mayor declared the motion carried.
Moved and seconded that the ordinance
amending the Zoning Ordinance by conditIonal-
ly changing the land use regulations of approxi-
mately 5.52 acres of land located east of
Waterfront Drive and the CRANDIC Railroad
right-of-way, Iowa City, Iowa, from CI-l,
Intensive Commercial, to CC-2, Community
Commercial, be passed and adopted. The
Mayor declared the motion defeated.
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Official Actions
November 22, 1994
Page 4
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 refer the following
items back to the P&Z Comm.: 6g. public
hearing on an amendment to the Comprehen-
sive Plan to change the land use map designa-
tion of property located east of Harlocke Street
from 16-24 dweiling units per acre to 2-8
dweliing units per acre; 6h. a resolution amend-
ing the Comprehensive Plan to change the land
use map designation of property located east of '
Harlocke Street from 16-24 dweiling units per
acre to 2-8 dweiling units per acre; 6i. public
hearing on an amendment to the Comprehen-
sive Plan to change the land use map designa-
tion of property located on the north side of
Highway 1 West from 8 - 16 dweiling units per
acre to 2-8 dweiling units per acre; 6j. a resolu-
tion amending the Comprehensive Plan to
change the land use map designation of proper-
ty located on the north side of Highway 1 from
8-16 dweiling units per acre to 2-8 dwelling
units per acre; 6k. public hearing on an ordi-
nance 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 ordinance amending the
Zoning Ordinance by changing the use regula-
tions 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 approxi-
mate 11.5 acre tract of land, known as the
Ruppert tract, located generally north of High-
way 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
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Official Actions
November 22, 1994
Page S
by changing the use regulations of an approxi-
mate two acre tract of land located generally
on the west side of Harlocke Street from RM-
44, High Density Multi-Family Residential, to
RS-S, Low Density Single-Family Residential;
6p. an ordinance amending the Zoning Ordi.
nance 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 Resi-
dential, to RS-S, Low Density Single-Family
Residential. The Mayor declared the motion
carried.
Moved and seconded that an amendment
to City Code Section 14-6E-2, Neighborhood
Commercial Zone (CN-l), 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. The Mayor declared
the motion carried.
Moved and seconded that amendments to
City Code Section 14-6B-2 and Section 14-6E-
B to permit restaurant carry-out uses in the CB-
10 zone, be given first vote for consideration.
The Mayor declared the motion carried.
Moved and seconded 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 be given second vote
for consideration. The Mayor declared the
motion carried.
Moved and seconded to adopt ORD. 94-
3648, 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.
Moved and seconded to adopt ORD. 94-
3649, 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."
Moved and seconded to adopt ORD. 94-
36S0, AMENDING TITLE 14, UNIFIED DEVEL.
OPMENT CODE, CHAPTER 7, "LAND SU8DIVI-
SIONS," BY AMENDING ARTICLE A OF THE
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Official Actions
November 22, 1994
Page 6
CITY CODE TO REQUIRE REVIEW AND AP-
PROV AL OF THE DIVISION OF LAND PRIOR TO
RECORDING.
Moved and seconded to adopt RES. 94-
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.
Moved and seconded to adopt ORD. 94-
3651, 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 AlTO p,
PUBLIC.
Moved and seconded to withdraw a reso-
lution stating the City's commitment to provide
a north access to the South Wastewater Treat-
ment Plant Site and to restrict the use of Nurs-
ery Lane. 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: Ed Barker,
6 Lime Kiln Lane NE; Ken Wessels, 724 N.
Dodge; Anna Buss, 525 W. Benton; Mark {lt~ J
Smith, 205 N. Westminster; Joe Don~ti, l;lfl^'
United Technologies; Harvey Wehde, 2408
Whispering Prairie Ave.; Charles Denninger;
Keith Neuzil, 40 Ventura Ave.; Lance Tyson,
29 W. Burlington; Steve Pattee, 331 S. John-
son; 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 8roadway; 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. Moved and seconded
to accept correspondence from: 80b 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
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Official Actions
November 22, 1994
Page 7
declared the motion carried. Moved and sec-
onded to continue the public hearing to Decem-
ber 6. The Mayor declared the motion carried.
Moved and seconded 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 and
seconded that the ordinance be divided into
two ordinances, dealing with water and
wastewater separately. The Mayor declared the
motion to amend carried. Moved and seconded
to defer to December 6 consideration of the
ordinances. The Mayor declared the motion to
defer carried.
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 meeting of the City Council.
Moved and seconded to appoint Judith
Klink, 1101 Harlocke St., to the P~rks and
Recreation Commission to fill a four-year term
ending January 1, 1999. The Mayor declared
the motion carried.
Moved and seconded to refer to the Rules
Committee a recommendation 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,
Moved and seconded to adopt a resolution
authorizing the Mayor to sign and City Clerk to
attest an agreement between Stanley Consul-
tants, 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.
Moved and seconded to defer the resolution to
December 6. The Mayor declared the motion
carried.
Moved and seconded to adopt RES. 94-
347, RATIFYING SETTLEMENT OF PENDING
LITIGATION.
Moved and seconded 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
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Official Actions
November 22, 1994
Page B
westerly City limits to Rocky Shore Drive in
Iowa City, Johnson County, Iowa, be given
first vote for consideration. The Mayor declared
the motion carried.
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 second 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 Commer-
cial Urban Revitalization Area, be given second
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 second
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 second vote for consideration. The Mayor
declared the motion carried.
Moved and seconded to defer indefinitely
an ordinance amending Title 9, entitled "Traf-
fic," Chapter 1, entitled "Definitions," Section
7, entitled "Toy Vehicles," of the City Code by
adding a new paragraph to prohibit Toy Vehi-
cles or similar devices upon sidewalks in the
commercial district. The Mayor declared the
motion carried.
Moved and seconded to adjourn 12: 1 0
a.m. The Mayor declared the motion carried.
For a more detailed & complete description
of Council Activities & Disbursements, see
Office of City Clerk and Finance Depertment.
, , s/SUSAN M. HOROWITZ, MAYOR
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 21, 1994
Iowa City Council special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz
presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Burnside,
Holecek. Council minutes tape recorded on Tapes: 94-130, Side 1.
Moved by Novick, seconded by Kubby, to adjourn to executive session to discuss
strategy with counsel in matters that are presently in litigation or where litigation is imminent
where its disclosure would be likely to prejudice or disadvantage the position of the
governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried and adjourned to executive session
6:33 p.m.
Council returned to open session 6:54 p.m.
Moved by Pigott, seconded by Kubby, to adjourn 6:55 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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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 Teg/Aber 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 ICB-5l. 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-l, 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-l, Intensive Commercial, to CC-2,
Community Commercial, be given first vote for consideration (Hy-Vee/revised agreementl PCD
Director Frqnklin 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-l, Intensive Commercial, to CC-2, Community Commercial IHy-Vee/original
agreementl, be passed and adopted. The Mayor declared the motion defeated, 017, 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 (Hy-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 Harlocke Street from 16-24 dwelling units
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Council Activities
November 22, 1994
Page 3
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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; 6i. 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 Councii Members present.
Moved by Pigott, seconded by Throgmorton, that an amendment to City Code Section
14-6E-2, Neighborhood Commercial Zone (CN-ll, 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 anp Section 14-6E-8 to permit restaurant carry-out uses in. the CB-l 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-l, Off-Street Parking Requirements, to require parking spaces for commercial
uses in the Central Business Support Zone (CB-5I, 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 (OPDHI" 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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Council Activities
November 22, 1994
Page 4
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," OFTHE 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 Al 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
fees. The following individuals appeared: Ed Barker, 6 Lime Kiln Lane NE; Ken Wessels, 724
N. Dodge; Anna Buss, 525 W. Benton; Mark Smith, 205 N. Westminster; Joe Donetti, United
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. Gove'rnor; 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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Council Activities
November 22, 1994
Page 5
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,
'Mov.ed by Novick, seconded by Kubby, to adopt RES. 94-347, Bk. 112, p. 347, RATI-
FYING SETTLEMENT OF PENDING LITIGATION 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
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, 710, 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.
Susan M. Horowitz, Mayor
Marian K. Karr, City Clerk
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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, Kubby, Lehman, Novick, Pigott,
Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin,
Schmadeke, Elias, Moreno, Schoon. Council minutes tape recorded on Tapes 94-135, Side
2; 94-137 thru 94-140, Both Sides.
The Mayor noted the presentation of the Annual Iowa City Road Races, Inc., Award
to the City of Iowa City, was postponed and would be rescheduled at a later date.
The Mayor proclaimed "Pass the Buck - Shop Local Month" . December 1994;
Conservation Farmer Appreciation Week - December 5-9, 1994, Wayne Petersen accepted.
Moved by Novick, seconded by Lehman, that the following items and recommendations
in the Consent Calendar be received, or approved, and/or adopted as amended and to defer
4e{41. resolution accepting the work for the Sanitary Sewer Improvements for 753 W. Benton
St. and 4e(51. resolution authorizing the Mayor to sign and the City Clerk to attest two
Sanitary Sewer Easements agreements relative to the Sanitary Sewer constructed for 753 W.
Benton Street:
Approval of Official Council actions of the special Council meeting of November
21, 1994, and of the regular meeting of November 22, 1994, as published, subject to
corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Design Review Comm. meeting of October
'17,1994, November 28, 1994; Broadband Telecomm. Comm. meeting of October 24,
1994; Charter Review Comm. meeting of November 16, 1994; P&Z Comm. meeting
of November 17, 1994; Bd. of Adjustment meeting of November 9,1994; Mayor's
Youth Employment Board meeting of September 13, 1994, October 11, 1994.
Permit Motions: Approving a Class "C" Liquor License for Yen Ching
Restaurant, Inc., dba Yen Ching Restaurant, 1803 Boyrum St. Approving a Class "C"
Liquor License for Carlos O'Kelley's of Iowa City, Inc., dba Carlos O'Kelley's Mexican
Cafe, 1411 S. Waterfront. Approving a Class liB" Beer Permit for Pizza Hut of America,
Inc., dba Pizza Hut #402005, 1921 Keokuk St. Approving a Special Class "C" Liquor
License for Magnifico Inc., dba India Cafe II, 227 E. Washington St. RES. 94-348, Bk.
112, p. 348, ISSUE CIGARETTE PERMIT.
Setting Public Hearings: RES. 94-349, Bk. 112, p. 349, SETTING A PUBLIC
HEARING for December 20, 1994, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER
FLOOD REPAIRS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE
FOR PUBLIC INSPECTION.
Resolutions, Bk. 112: RES. 94-350, p. 350, ACCEPTING THE WORK FOR THE
SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVE-
MENTS FOR WILLOW CREEK SUBDIVISION, AND DECLARING PUBLIC IMPROVE-
MENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 94-351, p. 351, ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND
PAVING PUBLIC IMPROVEMENTS FOR SOUTH POINTE ADDITION - PART 5 AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 94-
352, p. 352, ACCEPTING THE WORK FOR THE HIGHWAY l/MORMON TREK
INTERSECTION IMPROVEMENT PROJECT. '
Correspondence: Jim Loukota of Kirkwood Community College regarding the
proposed commercial urban revitalization plan. Betty MC,Kray regarding various
subjects. Memoranda from the Traffic Engineer regarding: Stop sign installation on
Village Road at its intersection with Chamberlain Drive; Left turn control for Menard's
access at Iowa Highway 1; Parking prohibition on both sides of Ruppert Road from its
intersection with Highway 6 South to the end of the public right-of-way; Traffic signal
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
DECEMBER 6,1994
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Council Activities'
December 6, 1994
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installation at the intersection of Melrose Avenue/West High School Drive; Bus stop
location on North Dubuque Street at the Mayflower Apartments. Letter from Carol
Thompson, Chairperson, Free Medical Clinic, regarding the Clinic's request for funds
from the City of Iowa City.
Applications for City Plaza Use Permits: Old Capitol Merchants for the use of
City Plaza for the arrival of Santa and a parade to the Old Capitol Mall on November
20, 1994, approved.
In response to Kubby, Wayne Petersen appeared regarding the soil erosion plan for the Iowa
River Flood Repairs Project (4d(111. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried, 7/0, all Council Members present
and repeated the public hearing as set.
John Rummelhart, 232 S. Summit, appeared regarding Council consideration of an
ordinance on restricting the use of fees collected from water fees. The Mayor asked that item
be discussed under item #7, public hearing on fees; announced he had filed an affidavit to
commence referendum proceedings. The City Attorney stated that the Charter provision
dealing with referendums states that action must be initiated within 60 days of passage (or
after two years), noting this action far exceeds that timeframe.; and concerns on the Near
Southside parking impact fees. The Mayor requested he wait until item #22 for discussion
on this matter. Bruce Glasgow, 834 N. Johnson, appeared regarding the opening of Virginia
Drive from Oaklawn St. west to Shimek School. Carolyn Dieterle, Walnut Street, appeared
regarding purchasing a device that attaches to bridges to prevent individuals from going over
dams. Information will be provided to staff on the device. Moved.by Pigott, seconded by
Throgmorton, to accept correspondence from Bruce Glasgow regarding the opening of Virginia
Dr. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Novick, seconded by Pigott, to set a public hearing for December 20, 1994,
to vacate a portion of Waterfront Drive located south of Highway 6 and west of the CRANDIC
Railroad right-of-way. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A public hearing was held 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 following individuals appeared: AI Sochek, 801 Brown St.; Seth Gauger, 414
N. Van Buren St.; and Joni Kinsey, 423 Church St. Moved by Pigott, seconded by Kubby, to
accept correspondence from: Liz Miller, President of Northside Neighborhood Assn.; J.
Morgan. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by Novick, seconded by Baker, that an amendment to the City Code Section
14-6E- 7, to regulate the location of parking spaces in the Central Business Support Zone (CB-
5), be given first vote for consideration. Individual Council Members expressed their views.
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, Absent: None.
Moved by Pigott, seconded by Novick, 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-l, Intensive Commercial, to CC-2,
Community Commercial (Hy-Vee Food Stores), be given second vote for consideration.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
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Council Activities
December 6, 1994
Page 3
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Moved by Kubby, seconded by Baker, that the amendment to City Code Section 14-6E-
2, Neighborhood Commercial Zone (CN-ll, to allow restaurants as provisional uses or by
special exception with specific restrictions, and car washes by special exception with specific
restrictions, 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 Baker, 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 suspended, the second consideration and vote be waived, and that
ORD. 94-3652, Bk. 37, p. 49, AMENDING TITLE 14-6, CHAPTER 6, ENTITLED "ZONING,"
CITY CODE BY REVISING ARTICLE B, ENTITLED "ZONING DEFINITIONS," AND ARTICLE E,
ENTITLED "COMMERCIAL BUSINESS ZONES," TO ADD THE DEFINITION OF RESTAURANT
CARRY-OUT AND PERMIT SAID USE IN THE CB-l0 ZONE, be voted on for final passage at
this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried. Moved by Pigott, seconded by Baker, that the ordinance be finally
adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the ordinance adopted.
Moved by Novick, seconded by Throgmorton, to submit a letter to the Johnson County
Board of Supervisors recommending approval, with conditions, of an application submitted by
William Frees to rezone 107 acres from A 1, Rural, to RS3, Suburban Residential, for property
located partially in Fringe Area 4 on the south side of Dingleberry Road NE approximately .6
mile east of its intersection with Highway 1. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Novick, seconded by Kubby, to submit a letter to the Johnson County Board
of Supervisors recommending approval of an application submitted by Vincent and Betty
Dalton to rezone 1.5 acres of a 3.5 acre tract from County A 1, Rural, to RS, Suburban
Residential, for property located in Fringe Area 3 on the north side of Newport Road approxi-
mately one-half mile east of its intersection with Prairie du Chien Road. 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: Dick Hupfeld, Greater Iowa City Apartment Assn.;
Art Kistler, 745 Perry Ct.; Ed Barker, Lime Kiln Lane NE; Vince Neary, 157 N. Linn St.; Ken
Wessels, 724 N. Dodge St.; Phil Thompson, 428112 E. Jefferson St.; Doug Jones, 816 Park
Rd.; Harvey Wehde; Charles Denninger; Michael Tavel Clarke, 1708 E. Court St.; Jim
Glasgow; Rusty Martin; Anna Buss, 525 W. Benton St.; Jim Freeman, 1802 Winston Dr.;
Phyllis Tucker, 125 E. Zellar (N.L.); Carolyn Dieterle, Walnut St.; Gary Sanders, 728 Oakland;
Joe Donatti, 1514 Buresh Ave.; Wayne Peterson, 907 N. Gilbert St.; Dave Ressler, 3434
Lakeside Manor; John Rummelhart, 232 S. Summit; Tom Werderitsch, 3 Evergreen Place.
Pollution Control Supt. Elias and Water Division Supt. Moreno present for discussion. Moved
by Novick, seconded by Throgmorton, to accept correspondence from: Stephen West, ICAD
Chair; Clav.ton Ringgenberg; Herbert Michael; Wilma Means; Betty McKray; Lynn and Peggy
Rowell; Leah Cohen; Thomas Werderitsch; Ellen McCabe, Executive Director of Crisis Center;
Weldon Heitman; D. Vitosh; Jim Glasgow; Edwin Barker; Dick Hupfeld; Debra Johnson; Laurie
Clements; Esther Otto; John Nesbitt; Phil Thompson; Harvey Wehde. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded
by Throgmorton, to continue the public hearing. The Mayor declared the motion to continue*
defeated, 3/4, with Throgmorton, Kubby, and Pigott voting in the affirmative.
Moved by Pigott, seconded by Throgmorton, to defer to January 3, 1995, the
ordinance amending Title 3, City Finances Taxation and Fees, Chapter 4, Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties, Section 3-4-4 Wastewater Treatment Works User
Charges. The Mayor declared the motion to defer defeated, 3/4, with Throgmorton, Kubby,
Pigott voting 'in the affirmative. Moved by Baker, seconded by Lehman, to give first
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Council Activities
December 6, 1994
Page 4
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consideration to the ordinance amending Title 3, Wastewater Treatment Works User Charges.
Moved by Novick, seconded by Baker, to amend the ordinance by eliminating the 1996 rate
increase. The Mayor declared the motion to amend carried unanimously, 7/0, all Council
Members present. Moved by Throgmorton, seconded by Baker, to direct staff to report back
to Council on a proposed ordinance initiating a special tap-on fee for new wastewater users
that recovers the cost directly attributable to growth. After discussion, motion withdrawn.
MQved by Kubby, seconded by Pigott, to amend page 2, Delinquency Deposit Fee by removing
the word "twice" from the amount to be charged so it reads" An amount equal to the average
month's billing for the delinquent account". The Mayor declared the motion to amend carried
unanimously, 7/0, all Council Members present. Back to the original motion to give first
consideration to the ordinance as amended, the Mayor declared the motion carried, 5/2, with
the following division of roll call vote: Ayes: Lehman, Novick, Pigott, Baker, Horowitz. Nays:
Kubby, Throgmorton. Absent: None. After discussion, Council agreed to set a special formal
meeting for 6:30 p.m. on Tuesday, December 13 for second consideration of the ordinance.
Moved by Baker, seconded by Novick, 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, be given first vote for consideration. Moved by Baker,
seconded by Throgmorton, to amend the ordinance by eliminating the 1996 rate increase.
The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members
present. Moved by Throgmorton, seconded by Pigott, to amend the ordinance to adopt a
smaller increase in the minimum monthly charge as outlined in the City Manager's memo of
December 4, 1994. The Mayor declared the motion to amend carried unanimously, 7/0, all
Council Members present. Moved by Throgmorton, seconded by Pigott, to amend the
ordinance to shift from a declining rate structure to a uniform rate structure as outlined in the
City Manager's memo of December 4, 1994. The Mayor declared the motion to amend
defeated, 3/4, with Kubby, Throgmorton, and Pigott voting in the affirmative. Moved by
Kubby, seconded by Pigott, to amend page 3, Delinquent Water Service Account Fee, by
removing the proposed $5.00 and retaining the present $3.00 fee. The Mayor declared the
motion to amend carried unanimously, 7/0, all Council Members present. Council directed
staff to report back to Council on an ordinance devising a tap-on fee for new water and
wastewater users, and the establishment of a committee to review a special water efficiency
program after staff preparation. In response to Kubby, the City Attorney stated the delinquent
fee contained in the wastewater ordinance (item #8) would be changed to $3.00 also.
Individual Council Members expressed their views. Moved by Kubby, seconded by Pigott, to
change the proposed rate increase from 40% to 20%. The Mayor declared the motion to
amend defeated, 3/4, Throgmorton, Pigott, Kubby voting in the affirmative. Back to the
original motion to give first consideration to the ordinance as amended, the Mayor declared
the motion carried, 5/2, with the following division of roll call vote: Ayes: Novick, Pigott,
Baker, Horowitz, Lehman. Nays: Throgmorton, Kubby. Absent: None.
Moved by Novick, seconded by Lehman, to appoint Elizabeth Swenson, 829 Kirkwood
Ave., to the Housing Commission to fill an unexpired term ending May 1, 1996; and appoint
John Falb, 1442 Plum St., to the Committee on Community Needs to fill an unexpired term "*
plus a three-year term ending April 1, 1998. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
The Mayor noted the current vacancies: Airport Comm. - One vacancy for a six-year
term ending March 1, 2001; Broadband Telecomm. Comm. - One vacancy for a three-year
term ending March 13, 1998. These appointments will be made at the January 17, 1994,
meeting of the City Council.
Council took a brief recess, 1 :20 a.m.
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Moved by Throgmorton, seconded by Pigott, to defer to December 13, 1994, a
recommendation of the Design Review Comm. regarding membership requirements for the
Design Review Comm.; and maintenance of City Plaza. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Throgmorton, seconded by Pigott, to adopt RES. 94-353, Bk. 112, p. 353,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
BETWEEN STANLEY CONSULTANTS, INC; OF MUSCA TINE, IOWA, AND THE CITY OF IOWA
CITY TO PROVIDE CONSULTING SERVICES TO PERFORM VALUE ENGINEERING STUDIES
ON THE IOWA CITY WATER FACILITY IMPROVEMENT PROJECT. Public Works Director
Schmadeke present for discussion. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Kubby, seconded by Pigott, to adopt RES. 94-354, Bk. 112, p. 354,
AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR
A CERTIFIED LOCAL GOVERNMENT (CLGI GRANT TO OBTAIN FUNDS FOR THE PURPOSE
OF PREPARING NATIONAL REGISTER NOMINATIONS FOR COLLEGE GREEN AND EAST
COLLEGE STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Pigott, seconded by Throgmorton, to adopt RES. 94-355, Bk. 112, p. 355,
AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR
A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE
OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORICAL
RESOURCES IN THE NORTH DUBUQUE STREET CORRIDOR, Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Lehman, seconded by Novick, to adopt RES. 94-356, Bk. 112, p. 356,
DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT
TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION
WITH SPECIFIED PROJECTS (land related to the new water treatment facility). Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolu'tion
adopted.
Moved by Kubby, seconded by Pigott, to defer the following items to December 13,
1994: 19. resolution approving the Near Souths ide Commercial Urban Revitalization Plan; 20.
resolution approving the Near Souths ide Residential Urban Revitalization Plan. John
Rummelhart, 232 S. Summit appeared.; 21. resolution authorizing the preparation of a design
plan for the Near Southside Neighborhood and declaring the Council's intent on the allocation
of incremental property Tax Revenues; 22. resolution amending Title 14, "Unified Develop-
ment Code," of the City Code, by amending Chapter 9, Article A, Entitled "Parking Facility
Impact Fee," to include Commercial Development; 23. 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); 24. 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; 25. ordinance designating an area of the City
of Iowa City, Iowa, as an Urban Revitalization Area which shall be known as the Near
Souths ide Residential Urban Revitalization Area; 26. ordinance establishing and regulating the
location of entrance drives to private property along and adjacent to U.S. Highway No.6 from
th'e westerly city limits to Rocky Shore Drive in Iowa City, Johnson County, Iowa; and 27.
ordinance amending Title 9, entitled "Traffic," Chapter 9, entitled "Definitions, Administration
and Enforceme~t 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.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
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Council Activities
December 6, 1994
Page 6
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Moved by Pigott, seconded by Baker, to adjourn 1 :40 a.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: December 15, 1994
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, December 6, 1994 - 6:00 p.m. in Council Chambers
Mayor Susan Horowitz presiding. Council present: Horowitz, Baker, Kubby, Lehman, Novick,
Throgmorton (6:25 p.m.), Pigott (6:50 p.m.). Staff present: Atkins, Helling, Woito, Karr, Franklin,
Yucuis, Davidson, Schoon, Schmadeke, Moreno, Elias. Tapes: 94-136, Both Sides.
NEAR SOUTHSIDE:
Reel 94-136, Side 1
PCD Director Franklin and City Attorney Woito responded to Council comments. Council
tentatively agreed to defer formal agenda items 19-25.
Horowitz noted that formal consent calendar items #4.e.(4) and (5) need to be deferred to
December 20, 1994, at the request of the applicant because the paperwork is not in order.
REVIEW ZONING MATTERS:
Reel 94-136, Side 1
PCD Director Franklin presented the following Planning and Zoning items for discussion:
a. Settino a public hearinQ for December 20, 1994, to vacate a portion of Waterfront Drive
located south of Hiohwav 6 and west of the CRANDIC Railroad rioht-of-wav. (VAC94-
0007)
b. Public hearino on an amendment to the Zonino Ordinance chanQino the use requlations
of RM-12 zoned properties located Qenerallv alonq Fairchild and Davenport Streets
between Dubuque Street and Dodoe Street. and in the 200 block alono Bloominoton
Street from RM-12. Low Densitv Multi-Familv Residential to RNC-12. Neiohborhood
Conservation Residential.
c. Amendment to City Code Section 14-6E-7, to reoulate the location of parkino spaces in
the Central Business Support Zone (CB-5). (First consideration)
d. Ordinance amendino the Zoninq Ordinance to chanoe the use requlations of a 5.52 acre
property located east of Waterfront Drive and the CRANDIC Railroad rioht-of-wav from Cl-
1, Intensive Commercial, to CC-2. Community Commercial. (REZ94-0010) (Second
consideration),
e. Amendment to City Code Section 14-6E.2, Neiqhborhood 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. (Second consideration)
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f. Amendments to City Code Section 14-6B-2 and Section 14-6E-8 to permit restaurant
carry-out uses in the CB-l0 zone. (Second consideration)
Franklin noted that the applicant has requested expedited action.
g. Consider a letter to the Johnson County Board of Supervisors recommendinQ approval,
with conditions, of an application submitted bv William Frees to rezone 107 acres from A 1,
Rural, to RS3. Suburban Residential, for property located partially in FrinQe Area 4 on the
south side of DinQleberry Road NE approximately .6 mile east of its intersection with
HiQhwav 1. (CZ9449)
h.
Consider a letter to the Johnson County Board of Supervisors recommendinQ approval of
an application submitted by Vincent and Betty Dalton to rezone 1.5 acres of a 3.5 acre
tract from County A 1. Rural, to RS, Suburban Residential, for property located in FrinQe
Area 3 on the north side of Newport Road approximately one-half mile east of its
intersection with Prairie du Chien Road. (CZ9454)
(Item g:) Council directed staff to clarify language in paragraph 2 of the letter concerning
agricultural use.
COUNCIL AGENDAlTIME:
Reel 94-136, Side 1
1.
In response to Kubby, Karr noted that the joint meeting with the Johnson County Board
of Supervisors is scheduled January 24, 1994.
2,
Kubby noted that she needs to speak with City Attorney Woito regarding Sycamore
improvements.
3. Kubby stated there needs to be additional solutions for specific problems related to two
households in Towncrest. Kubby noted that she will prepare a memorandum in January.
4. Kubby stated that she would like Council to direct City Attorney Woito to draft a mobile
home laws for tenant/landlord relationship ordinance. City Attorney Woito noted that the
City can be more stringent and that the state law on mobile home park relationships
between landlord and tenant is really pretty strange. In response to Council, City Attorney
Woito stated that she can prepare a memo on what the City could do in the form of an
ordinance.
5. Throgmorton noted that information relating to TCI needs to be made public. City Attorney
Woito responded that releasing that it is premature in terms of the rules that the City is
governed by federal franchising.
6. ' Throgmorton inquired about the rezoning of property in the Sycamore Farms/Langenberg
Tract area for schools and neighborhood commercial. PCD Director Franklin stated staff
has looked at the intersection of Sycamore extended and the liLli,
7. Baker noted that he will be out of town on Friday, Saturday, Sunday and Monday.
(December 9-12)
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8. Horowitz noted that the Rules Committee m~t via telephone on Tuesday afternoon.
Kubby explained that the Rules Committee' addressed a Parks and Recreation bylaw
change that would allow for reappointments for an unexpected term plus another full term.
Kubby suggested that the recommendations be forwarded to the Parks and Recreation
Commission and that a memo be sent out to all boards and commissions to obtain
feedback about it.
APPOINTMENTS:
Reel 94-136, Side 1
Housing Commission - Elizabeth Swenson
CCN - John Falb
COUNCIL AGENDAfTIME CONTINUED:
Reel 94-136, Side 1
9. Water and wastewater projects. City Manager Atkins reviewed information in his
December 4 memorandum regarding water and wastewater projects. Iowa City Finance
Director Yucuis responded to Council questions. Horowitz stated discussion regarding
water and wastewater will be continued during Council's formal meeting. .
Meeting adjourned at 7:10 p.m.
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