HomeMy WebLinkAbout1996-11-04 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 4, 1996
Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor
Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick,
Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Woito,
Karr, Yucuis, Franklin, Schoon. Council minutes tape recorded on Tapes 96-132 & 96-
133, Both Sides.
Moved by Lehman, seconded by Thornberry, to adjourn to executive session to
discuss the purchase of particular real estate only where premature disclosure could be
reasonably expected to increase the price the governmental body would have to pay for
that property. The minutes and the tape recording of a session closed under this
paragraph shall be available for public examination when the transaction discussed is
completed; and 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 I~tigation. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried
and adjourned to executive session 6:38 p.m.
Council returned to open session 7:10 p.m.
The Mayor proclaimed National Hospice Month - November 1996, Dick Corcoran
accepted. Old Jet Day - November 11, 1996.
The Mayor presented Outstanding Student Citizen Awards to: Lincoln Elementary
School: Anna Durkee, Justin Wood.
Moved by Norton, seconded by Vanderhoef, that the following items and recom-
mendations in the Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Official Council Actions of the special meetings of October 21 and
October 28, 1996, and the regular meeting of October 22, 1996, as published, subject
to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Design Review Comm. - September
16, 1996. Historic Preservation Comm.- October 8, 1996. P&R Comm. - October 9,
1996.
Permit Motions: Approving a Special Class C Liquor License for Deuan Thai
Restaurant, 21 Sturgis Corner Dr. Approving a Class C Beer Permit for Fareway
Stores, Inc., 2530 Westwinds Dr. Approving a Class E Beer Permit for ExpresStop,
2545 N. Dodge St. Approving a Class E Beer Permit for Devotay, 117 N. Linn St.
Approving a refund of an unused portion of a Class C Liquor License for Maxie's,
1920 Keokuk St.
Setting Public Hearings: RES. 96-303, Bk. 116, p. 303, SETTING A PUBLIC
HEARING for November 19, 1996, ON AN ORDINANCE AMENDING TITLE 3 OF
THE CITY CODE ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY
UTILITIES TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE
WATER USE AND SERVICE, WASTEWATER TREATMENT WORKS USER
CHARGES, AND SOLID WASTE DISPOSAL.
Resolutions: RES. 96-304, Bk. 116, p. 304, ACCEPTING THE WORK FOR
THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY
SEWER PROJECT.
Correspondence: Kitsten H. Frey of Barker, Cruise, Kennedy, Houston &
Anderson, L.L.P. - Eric Shaw memorial. Douglas Russell, Chair, Historic Preservation
Commission - Preservation Plan Implementation, FY97/98. William and Rita Moeller
- grading ordinance. (City Senior Building Inspector response memorandum to
Council included.) Mary Murphy and Gregg Geerdes - Animal Control Ordinance.
Council Activities
November 4, 1996
Page 2
Barbara Stimmel - Highway 965. Inn Ho Shinn- 600 block South Van Buren. (City
Manager response letter included.) John & Marge Clancy - traffic signal at Highway
l/Dubuque Road. Seventeen citizens - bus stop at Boyrum. Dale Shires - Friend-
ship/Shamrock drainage. Richard Gibson - River Corridor Trail. R.J. Strika - down-
town concerns. Sandy Pickup - downtown Iowa City clean-up, Monday Forum -
signage. Memoranda from the Civil Service Comm. submitting certified lists of appli-
cants for the following positions: Maintenance Worker I - Refuse, Maintenance
Worker I - Streets, Maintenance Worker II - Streets, Maintenance Worker III -
Streets, Maintenance Worker Ill - Landfill, Parking Cashier, Parking Enforcement
Attendant, Program Specialist. Center Space Committee - combining CenterSpace
Conference and Cultural Center with additional Iowa City Public Library space. Joe
Grant regarding Old Jet. Matthew Glasson regarding the Citizen Review Board.
Property owners along Ralston Creek near College St. regarding maintenance of the
stream channel.
Applications for Use of City Plaza: Jim McClanahan (Iowa Citizen Action
Network) - October 23-25, 1996, for the purpose of registering voters, approved.
Greg Miller (The University of Iowa Rainforest Action Group) - October 25, 1996,
for the purpose of distributing literature and displaying paper consumption, ap-
proved.
Finance Director Yucuis explained the public hearing on water and wastewater rates was
set to allow passage and publication of the ordinance by the end January, and a March 1
effective date. Affirmative roll call vote unanimous, 7~0, all Council Members present. The
Mayor declared the motion carried and repeated the public hearing as set.
A public hearing was held on an ordinance amending Title 14, Chapter 6, Article J,
entitled "Overlay Zones," Section 2, entitled "Planned Development Housing Overlay Zone
(OPDH)," subsection D, entitled "Regulations," to indicate that parking reductions may be
approved for non-residential uses as part of a Sensitive Areas Overlay rezoning. No one
appeared.
Moved by Lehman, seconded by Norton, that the ordinance amending Title 14,
Chapter 7, entitled "Land Subdivisions," Article A, entitled "General Subdivision Provi-
sions," Section 4, entitled "Establishment of Control," pertaining to City review of
subdivisions located within two miles of the City's boundaries, 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 Thornberry, seconded by Vanderhoef, that the ordinance amending Title
14, Chapter 6, entitled "7oning," Article M, entitled "Accessory Uses and Buildings,"
Section 1, entitled "Permitted Accessory Uses and Buildings," to allow satellite receiving
devices one meter or less in diameter in any yard or on the roof of any structure in
residential areas, 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 Vanderhoef, seconded by Norton, that the ordinance amending Title 14,
Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," Subsection 4, entitled
"Special Exceptions," to allow communications towers as a special exception in the P,
Public zone, be given first vote for consideration. Asst. City Mgr. Helling present for
discussion. Council directed staff to send a copy of the proposed ordinances to Coralville
for review. Affirmative roll call vote unanimous, 7~0, all Council Members present. The
Mayor declared the motion carried.
Moved by Norton, seconded by Thornberry, that the ordinance amending Title 14,
Chapter 6, entitled "Zoning," Article B, entified "Zoning Definitions," to add definitions
associated with wireless communications facilities, including "communications tower,"
"communications equipment building," and "communications station," be given first vote
Council Activities
November 4, 1996
Page 3
for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present.
The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Lehman, that the ordinance amending the
Zoning Ordinance by changing the use regulations of approximately 7.12 acres located
west of Dubuque Street and south of the Iowa River, from County RS, Suburban Residen-
tial, to P, Public (Glasgow/Water Plant), 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 Thornberry, seconded by Norton, to adopt RES. 96-305, Bk. 116, p. 305,
APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 2, WESTPORT
PLAZA, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Kubby, seconded by Norton, to submit a letter to the Johnson County
Board of Supervisors recommending approval of an application to rezone approximately
21.25 acres located in Johnson County on the north side of Highway 1, approximately one
mile west of Sharon Center Road (W62) from A1, Agricultural, to RS-5, Suburban Residen-
tial. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Thornberry, seconded by Lehman, to submit a letter to the Johnson
County Board of Supervisors recommending approval of an application to rezone approxi-
mately 8,64 acres located in Johnson County west of Prairie du Chien Road, approximately
~ mile north of Newport Road, from A1, Agricultural, to RS-3, Suburban Residential.
Johnson County Supervisor Steve Lacina outlined the procedure for County action on the
previous item as well as this item. Council Member Thornberry thanked the County Board
of Supervisors for their work on the Fringe Area Agreement. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 96-306, Bk. 116, p.
306, AUTHORIZING APPLICATION FOR GRANT MONIES FROM THE IOWA DEPARTMENT
OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT
(CEBA) FUNDS TO ASSIST ORAL-B LABORATORIES EXPANSION AND AUTHORIZING
CITY PARTICIPATION IN THE FORM OF A $40,000 FORGIVABLE LOAN. Individual Council
Members expressed their support to the application and complimented staff and Oral-B on
the presentation. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Norton, seconded by Thornberry, to adopt RES. 96-307, Bk. 116, p. 307,
AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR
THE CONSTRUCTION OF THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE
II. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 96-308, Bk. 116, p.
308, 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 SPECIFIC PROJECTS (the Melrose Avenue Bridge Replacement
Project). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Lehman, seconded by Vanderhoef, to adopt RES. 96-309, Bk. 116, p.
309, RATIFYING SETTLEMENT OF PENDING LITIGATION (to Diane Dreusicke Riley for
$26,250). Affirmative roll call vote unanimous, 7~0, all Councd Members present. The
Mayor declared the resolution adopted.
Moved by Kubby, seconded by Lehman, to accept a recommendation from The
University of Iowa that Larry Wilson be reappointed to the Riverfront and Natural Areas
Commission as a representative of The University of Iowa for a three-year term ending
Council Activities
November 4, 1996
Page 4
December 1, 1999. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
The Mayor noted the previously announced vacancies: Bd. of Adjustment - one
vacancy to fill a five-year term ending January 1, 2002. Bd. of Appeals - one vacancy to
fill a five-year term ending December 31, 2001. Human Rights Comm. - three vacancies to
fill three-year terms ending January 1, 2000. P&R Comm. - two vacancies to fill four-year
terms ending January 1, 2001, and one vacancy to fill an unexpired term ending January
1, 1998. P&Z Cornre. - one vacancy to fill an unexpired term ending May 1, 1998. Sr.
Center Comm. - two vacancies to fill three-year terms ending December 31, 1999. These
appointments will be made at the December 3, 1996, meeting of the City Council.
Council Member Norton reported on his attendance, along with Mayor Novick, at
the forum sponsored by the DTA on retailing and the implication of the Coral Ridge Mall.
He noted the community project coordinator position currently being advertised at the
University, noting the individual would coordinate the project dealing with high risk drinking
behavior in the community and questioned if the City had applications available. Asst. City
Mgr. Helling stated the University was handling applications and the City will aid in
screening applicants. Novick stated she has asked the City Mgr. to research Jefferson
Street from Madison to the Pappajohn Building for additional street lights. The City Mgr.
reported he had asked the Public Works Director to review the matter and report back
concerning City and/or University action. Norton congratulated the Monday Forum group
for their success in pursuing additional downtown signage on Interstate 80. The Mayor
requested the signs be reviewed by Council.
Council Member Kubby noted the letter on the Consent Calendar from William and
Rita Moeller requesting an exception from the Cit¥'s grading ordinance for a berm around a
pond and recommended against the exception. After discussion, Council agreed that no
exception would be granted and unless it was rectified it would be in violation of the
ordinance. Kubby requested the respective bodies discuss two issues concerning Hwy.
965 extension, creating a scenic road and creating a large natural wooded area on the
west side possibly in conjunction with Camp Cardinal, prior to JCCOG discussion of the
matter on December 4. Council agreed the matter would be scheduled at Council work
session either November 18 or December 4. Kubby noted the memo from the City Clerk
concerning outdoor services and sidewalk cafes and questioned the recommendation to
reduce the fence height minimum in the CB-10 zone to 3 ft. After discussion Council
directed staff to have the committee review a 4 ft fence height in the CB-10 zone; natural
(vegetation) screening/fencing; clarify any furniture stored overnight in sidewalk cafes does
not present problems for emergency vehicles; and elevated sidewalk cafes. Kubby
suggested forwarding the matter of a consistent low income policy for various City
programs be referred to the Housing and Community Development Commission (HCDC) for
suggestions. Mayor Novick requested she continue to work with Jean Mann and Linda
Severson on this matter prior to Council consideration of forwarding to HCDC. Kubby
noted the proclamation on the agenda establishing Old Jet Day and correspondence
received from Joe Grant on other means to recognize veterans. Finally Kubby noted the
letter received from Atty. Kitsten H. Frey, representing the Shaw family, requesting control
over the name and likeness of their son Eric and stating they were not ready yet to discuss
a momorial.
Council Member Lehman requested updated figures on transit revenues since the
last rate increase. Staff will follow-up. Lehman noted the proposal Council sent to the
Planning and Zoning Commission regarding the construction of smaller units of elderly
housing and requested the item be prioritized by the Commission.
Council Member Thornberry read the letter from Arty. Kitsten H. Frey, representing
the Shaw family.
Council Activities
November 4, 1996
Page 5
Council Men'bar Vanderhoef complimented staff on the new drive-up drop boxes for
utility payments. Vanderhoef requested an update on the preliminary figures for the City's
Special Census. City Mgr. Atkins and City Clerk Karr presented information. In response to
Vanderhoef, the City Mgr. reported on the City employee clean-up day held November 9th,
noting that 135 employees spend 300 hours winterizing and fixing up 32 area homes.
Council Member Baker encouraged citizens to take advantage of the Kids Vote
project and take your children with you when voting. Baker reminded staff of Council's
request for ICAD reporting information; mentioned the University of Iowa debate team
topic "Should Iowa City Revitalize its Urban Center" scheduled November 7; and asked the
status of a Council session on self-evaluations. In response to Baker, Kubby indicated a
majority of Council were not interested in pursing the matter of self-evaluations at this
time. Baker acknowledged the end of a 15 year career of public service by Planning and
Zoning Member Tom Scott, and thanked him for his commitment to this City.
Mayor Novick noted the letter on the Consent Calendar from seventeen citizens
concerning a bus stop at Boyrum and asked staff to follow-up, Novick noted that the
minutes of the Design Review Commission stated members had categorized their member-
ship at the last meeting and requested categorization information be furnished to Council.
Novick announced a Downtown Strategy Committee meeting has been scheduled for
November 14 at Senior Center and urged citizens to attend or send written comments to
David Schoon, at 410 East Washington Street. She echoed Council Member Baker's
statement and urged citizens to bring their children to the polls.
Council Member Kubby referenced the letter distributed that evening concerning
maintenance of the Ralston Creek stream channel near College Street and noted the similar
private property concerns for the Friendship/Shamrock area project. Staff will report back.
The City Atty. reported that as a member of the Noon Kiwannis she would be
volunteering for Kids Vote.
Council discussed the Police Citizen Review Board proposal of October 21, 1996.
Moved by Lehman, seconded by Thornberry, to reconvene the executive session
10:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Council returned to open session 10:28 p.m.
Moved by Lehman, seconded by Thornberry, to adjourn 10:30 p.m, The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Naom[J. No(LJ/ck, ~Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City
Clerk. For a final official copy, contact the City
Clerk's office, 356-5040.
The cost of publishing the following
proceedings and claims is
Cumulative cost for this calendar year for said
publication is $
OFFICIAL COUNCIL ACTIONS - 10/21/96
Iowa City City Council, special meet-
ing, 11:10 p.m. at the Civic Center. Mayor
Novick presiding. Council Members present:
Baker, Kubby, Lehman, Norton, Novick,
Thornberry, Vanderhoef. Absent: None.
Moved and seconded to adjourn to ex-
ecutive session to discuss strategy with coun-
sel in matters that are presently in litigation or
where litigation is imminent where its disclo-
sure would be likely to prejudice or disadvan-
tage the position of the governmental body in
that litigation; and to discuss the purchase of
particular real estate only where premature
disclosure could be reasonably expected to
increase the price the governmental body
would have to pay for that property. The min-
utes and tape recording of a session closesd
under this paragraph shall be available for pub-
lic examination when the transaction discussed
is completed. The Mayor declared the motion
carried.
Moved and seconded to adjourn the
special meeting 11:35 p.m. The Mayor de-
clared the motion carried.
A more complete description of
Council activities is on file in the office of the
City Clerk.
s/NAOMI J. NOVICK, MAYOR
s/MARIAN K. KARR, CITY CLERK
Submitted for publication 10/24/96.
Subject to change as finalized by the City
Clerk. For a final official copy, contact the
City Clerk's office, 356-5040.
The cost of publishing the
following proceedings and claims is
$ Cumulative cost for this
calendar year for said publication is
OFFICIAL COUNCIL ACTIONS - 10/22/96
Subject to change as finalized by
the City Clerk. For a final official copy,
contact the City Clerk's Office, 356-
5040.
Iowa City City Council, regular
meeting, 7:00 p.m. at the Civic Center.
Mayor Novick presiding. Council Members
present: Baker, Kubby, Lehman, Norton,
Novick, Thornberry, Vanderhoef. Absent:
None.
The Mayor presented Outstanding
Student Citizen Awards to Helen Letoroe
Elementary School: Josh Boehm, Alex
Nerad, Devin Seemuth, Kari Stevens.
The Mayor presented the Certifi-
cate of Achievement for Excellence in Fi-
nancial Reporting for the Fiscal Year
Ending June 30, 1995 to the City of Iowa
City Department of Finance.
Moved and seconded that the fol-
lowing items and recommendations in the
Consent Calendar be received, or ap-
proved, and/or adopted as amended:
Approval of Official Council
Actions of the special meeting of
October 7 and the regular meeting
of October 8 as published, subject
to corrections, as recommended by
the City Clerk.
Minutes of Boards and
Commissions: Bd. of Adjustment -
September 11. Airport Comm. -
September 12. P&Z Comm. - Oc-
tober 3.
Permit Motions: Class C
Liquor License for The Que, 211
Iowa Ave. Class E Beer Permit for
Eagle Food Center #157, 600 N.
Dodge St. Class E Beer Permit for
Eagle Food Centers #220, 1101 S.
Official Actions
October 22, 1996
page 2
Riverside Dr. Class C Liquor Li-
cense for Soho's, 1210 Highland
Ct. Refund for a unused portion of
a Class C Liquor License for
Soho's, 1210 Highland Ct. Class C
Liquor License for Maxie's, 1920
Keokuk St. Class B Beer Permit for
Duds N Suds, 5 Sturgis Dr. RES.
96-290 TO ISSUE DANCING
PERMITS.
Motions: Approve dis-
bursements in the amount of
$12,577,764.79 for the period of
September 1 through September
30, as recommended by the Fi-
nance Director subject to audit.
Resolutions, RES. 96-291,
AUTHORIZING APPLICATION FOR
AN ECONOMIC DEVELOPMENT
AND SUPPORTIVE SERVICES
(EDSS) GRANT. RES. 96-292,
AUTHORIZING EXECUTION OF
CONSOLIDATED ANNUAL CON-
TRIBUTIONS CONTRACT, RENTAL
CERTIFICATE AND RENTAL
VOUCHER PROGRAM. PROJECT
NOS. IA022CE0022,
IA022CE0023, AND
IA022CEO024. RES. 96-293, AC-
CEPTING THE WORK FOR THE
SANITARY SEWER, STORM
SEWER, WATER MAIN AND
PAVING PUBLIC IMPROVEMENTS
FOR WINDSOR RIDGE PART
SEVEN, AND DECLARING THE
PUBLIC IMPROVEMENTS OPEN
FOR PUBLIC ACCESS AND USE.
RES. 96-294, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE RELEASE
OF A LIEN REGARDING A REHA-
BILITATION AGREEMENT, A LOW-
INTEREST PROMISSORY NOTE
AND A MORTGAGE FOR THE
PROPERTY LOCATED AT 907
EAST DAVENPORT STREET,
IOWA CITY, IOWA. RES. 96-295,
AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO
Official Actions
October 22, 1996
page 3
A~-I'EST A STORM SEWER
EASEMENT AGREEMENT FOR
LOTS 22, 23, 34 AND 35 OF
WEST SIDE PARK ADDITION,
IOWA CITY, IOWA. RES. 96-296,
AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A
PUBLIC WALKWAY-FIRELANE
EASEMENT LOCATED ON LOT 79,
WALDEN WOOD PART 7, AN
ADDITION TO THE CITY OF IOWA
CITY, IOWA.
Correspondence: Debora
Liddell regarding Parks and Rec-
reation Commission. James and
Joanna Clancy regarding signaliza-
tion of North Dodge and North Du-
buque Road. Janet Goetz regarding
pigeon squabble. Curt and Nancy
Skay regarding 828 St. Anne's
Drive. John Else regarding citizen
review boards. Sonia Ettinger re-
garding Shaw shooting incident.
Benn Dunnington regarding Shaw
shooting incident. Benn Dunning-
ton regarding scare warning.
Penny Cazanas regarding Shaw
shooting incident. Larry Eastham
regarding Shaw shooting incident.
Stephen Greenleaf regarding eld-
erly family housing.
/' .......~, .~u,~,",a o,~.~
Bill & Barbara Meredith
regarding Friendship/Shamrock
Creek Improvements.
Applications for Use of City
Streets and Public Grounds: Jenny
Schulz (U of I College of Law),
Equal Justice Foundation 5K
Walk/Run - November 3, approved.
Applications for Use of City
Plaza: Stephen Goff (I.C. Astron-
omy Club), astronomical observa-
tion - October 18, approved. Julie
Sramper (Old Capitol Mall),
Santa's Arrival - November 24,
approved.
The Mayor declared the motion carried.
Official Actions
October 22, 1996
page 4
Don Freidinah, rural Iowa City, ap-
peared regarding the Eric Shaw shooting
incident.
Moved and seconded to set a pub-
lic hearing for November 4, on an ordi-
nance amending Title 14, Chapter 6, Ar-
ticle J, entitled "Overlay Zones," Section
2, entitled "Planned Development Hous-
ing Overlay Zone (OPDH)," subsection D,
entitled "Regulations," to indicate that
parking reductions may be approved for
non-residential uses as part of a Sensitive
Areas Overlay rezoning. The Mayor de-
clared the motion carried.
A public hearing was held on an
ordinance amending Title 14, Chapter 7,
entitled ~Land Subdivisions," Article A,
entitled 'General Subdivision Provisions,~
Section 4, entitled "Establishment of Con-
trol," pertaining to City review of subdi-
visions located within two miles of the
City's boundaries.
Moved and seconded to combine
the following three items: 5c. public
hearing on an ordinence amending Title
14, Chapter 6, entitled "Zoning," Article
M, entitled "Accessory Uses and Build-
ings," Section 1, entitled "Permitted Ac-
cessory Uses and Buildings," to allow
satellite receiving devices smaller than
one meter in diameter in any yard or on
the roof of any structure in residential ar-
eas; 5d. public hearing on an ordinance
amending Title 14, Chapter 6, entitled
"Zoning," Article I, entitled "Public Zone,"
Subsection 4, entitled "Special Excep-
tions," to allow communications towers
as a special exception in the P, Public
zone; 5e. public hearing on an ordinance
amending Title 14, Chapter 6, entitled
"Zoning," Article B, entitled "Zoning
Definitions," to add definitions associated
with wireless communications facilities,
including "communications tower,"
"communications equipment building,"
and "communications station." The
Mayor declared the motion carried.
Moved and seconded to adopt
RES. 96-297, APPROVING THE VOLUN-
Official Actions
October 22, 1996
page 5
TARY ANNEXATION OF APPROXI-
MATELY 7.12 ACRES LOCATED WEST
OF DUBUQUE STREET AND SOUTH OF
THE IOWA RIVER.
Moved and seconded that the or-
dinance amending the Zoning Ordinance
by changing the use regulations of ap-
proximately 7.12 acres located west of
Dubuque Street and south of the Iowa
River, from County RS, Suburban Resi-
dential, to P, Public be given first vote for
consideration. The Mayor declared the
motion carried.
Moved and seconded to defer in-
definitely an ordinance vacating the por-
tion of St. Matthias' Street (formerly
known as St. Matthias' alley), right-of-
way located north of Dodge St. and St.
John's alley, located between St. Clem-
ent's Street and St. Matthias' St. The
Mayor declared the motion carried.
Moved and seconded to adopt
RES. 96-298, APPROVING THE EXTRA-
TERRITORIAL PRELIMINARY PLAT OF
MEADOW VIEW SUBDIVISION, JOHN-
SON COUNTY, IOWA.
Moved and seconded to adopt a
resolution approving a preliminary and fi-
nal plat of a resubdivision of a portion of
lots 5 and 6, Jacob Ricord's subdivision.
The following individuals appeared:
Clifton Young, 1124 Dodge St. Ct.; Oscar
Graham, 1130 Conkiln Lane; Elaine
Dockery, 1110 Conkiln Lane; Stephen
Wootton, 1131 Dodge St. Ct.; Mary Lou
Emery, 1331 Dodge St. Ct.; John Macin-
doe; and Pat Edberg, 1380 N. Dodge Ct.
Moved and seconded to table the resolu-
tion to the end of the meeting. The Mayor
declared the motion carried.
Moved and seconded to table a
motion to accept a recommendation that
a no-parking zone be established on North
Dodge Court, to the end of the meeting.
The Mayor declared the motion carried.
Moved and seconded to adopt
RES. 96-299, APPROVING A FINAL PLAT
OF MEADOW RIDGE, PART 2, IOWA
CITY, IOWA.
Official Actions
October 22, 1996
page 6
Moved and seconded to defer to
November 19, a resolution authorizing
execution of a letter of understanding be-
tween the City of Iowa City and the Elks
Golf and Country Club regarding Foster
Road extended and golf course changes
in connection with the new water treat-
ment plant. The Mayor declared the mo*
tion carried.
A public hearing was held on a
resolution authorizing the conveyance by
sale and/or lease of land adjacent to the
Elks Golf and Country Club. Moved and
seconded to continue the public hearing
and to defer a resolution authorizing the
conveyance by sale and/or lease of land
adjacent to the Elks Golf and Country
Club to November 19. The Mayor de-
clared the motion carried.
Moved and seconded that the rule
requiring ordinances to be considered and
voted on for final passage at two Council
meetings prior to the meeting at which it
is to be finally passed be suspended, the
second consideration and vote be waived,
and that ORD. 96-3754, CORRECTING
ORDINANCE NO. 84-3219, VACATING A
FORTY-FOOT (40') PORTION OF THE
ALLEY RIGHT-OF-WAY RUNNING
NORTH-SOUTH BETWEEN HARRISON
STREET AND PRENTISS STREET AND
ABUTTING THE EAST SIDE OF THE
PROPERTY LOCATED AT 522 SOUTH
DUBUQUE STREET, be voted on for final
passage at this time. The Mayor declared
the motion carried. Moved and seconded
that the ordinance be adopted at this
time. The Mayor declared the ordinance
adopted.
Moved and seconded that the rule
requiring ordinances to be considered and
voted on for final passage at two Council
meetings prior to the meeting at which it
is to be finally passed be suspended, the
second consideration and vote be waived,
and that ORD. 96-3755, CORRECTING
ORDINANCE NO. 96-3744 IN ORDER TO
ACCURATELY RENUMBER AND RELET-
TER THE ENDING SUBSECTIONS OF THE
Official Actions
October 22, 1996
page 7
SENSITIVE AREAS DEVELOPMENT PLAN
DESIGN GUIDELINES SECTION OF THE
SENSITIVE AREAS ORDINANCE, be
voted on for final passage at this time.
The Mayor declared the motion carried.
Moved and seconded that the ordinance
be finally adopted at this time. The Mayor
declared the resolution adopted.
Moved and seconded, to adopt
RES. 96-300, AUTHORIZING THE AC-
QUISITION OF RIGHT-OF-WAY, PERMA-
NENT EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE
CONSTRUCTION OF THE FIRST AVENUE
IMPROVEMENTS PROJECT, BRADFORD
DRIVE TO MUSCATINE AVENUE.
Moved and seconded, to adopt
RES. 96-301, RATIFYING SETTLEMENT
OF PENDING LITIGATION.
Moved and seconded, to remove
from the table previously tabled items 5j.
(a resolution approving a preliminary and
final plat for Jacob Ricord's Subdivision)
and 5k. (a recommendation regarding no-
parking on North Dodge Ct.) The Mayor
declared the motion carried. Moved and
seconded, to defer, until a special Council
meeting at 6:00 p.m. on Monday, Octo-
ber 28, 1996, a resolution approving a
preliminary and final plat of a resubdivi-
sion of a portion of lots 5 and 6, Jacob
Ricord's Subdivision, a 1.26 acre, 6-lot
residential subdivision, located south of
North Dodge Court and east of Dodge
Street; and a recommendation from the
Planning and Zoning Commission that a
no-parking zone be established on North
Dodge Ct. The Mayor declared the mo-
tion to defer both items carried.
The Mayor noted the current va-
cancies: Bd. of Adjustment- One vacancy
to fill a five-year term ending January 1,
2002; Bd. of Appeals - One vacancy to
fill a five-year term ending December 31,
2001; Human Rights Comm. - Three va-
cancies to fill three-year terms ending
January 1, 2000; P&R Comm.- Two va-
cancies to fill four-year terms ending
January 1, 2001, and one vacancy to fill
Official Actions
October 22, 1996
page 8
an unexpired term ending January 1,
1998; Sr. Center Comm. - Two vacancies
to fill three-year terms ending December
31, 1999; P&Z Comm. - one vacancy to
fill a five month unexpired term in addi-
tion to a five-year term ending May 1,
2003. These appointments will be made
at the December 3, meeting of the City
Council.
Moved and seconded to adjourn
into executive session to discuss strategy
with counsel in matters that are presently
in litigation or whore litigation is imminent
whore its disclosure would be likely to
prejudice or disadvantage the position of
the governmental body in that litigation.
This action is being taken pursuant to the
emergency provision of the Code of Iowa,
Section 21.4(2) for good cause where 24
hour notice is impossible or impractical,
namely litigation strategy that requires
timely action. The Mayor declared the
motion carried.
Moved and seconded to adjourn
10:00 p.m. The Mayor declared the mo-
tion carried.
For a more detailed and complete
description of Council Activities and Dis-
bursements, see the office of the City
Clerk and the Finance Department.
s/NAOMI J. NOVICK, MAYOR
s/MARIAN K. KARR, CITY CLERK
Subject to change as finalized by the City
Clerk. For a final official copy, contact the
City Clerk's Office, 356-5040.
The cost of publishing the following proceed-
ings and claims is $ Cumulative
cost for this calendar year for said publication
is $
OFFICIAL COUNCIL ACTIONS - 10128196
Iowa City City Council, special meet-
ing, 6:00 p.m. at the Civic Center. Mayor
Novick presiding. Council Members present:
Kubby, Lehman, Norton, Novick, Thornberry,
Vanderhoef. Absent: Baker.
Moved and seconded to adopt RES.
96-302, APPROVING A PRELIMINARY AND
FINAL PLAT OF A RESUBDIVISlON OF LOTS
5 AND 6, JACOB RICORD'S SUBDIVISION,
IOWA CITY, IOWA. The following individuals
appeared: Elaine Dockery, 1110 Conkiln
Lane; Clifton Young, 1124 Dodge St. Ct.; and
Pat Edberg, 1380 N. Dodge Ct. The Mayor
declared the resolution adopted.
Moved and seconded to accept a rec-
ommendation that a no-parking zone be estab-
lished on North Dodge Court. The Mayor de-
clared the motion carried.
Moved and seconded to adjourn to
executive session to discuss strategy with
counsel in matters that are presently in litiga-
tion or where litigation is imminent where its
disclosure would be likely to prejudice or dis.-
advantage the position of the governmental
body in that litigation. This action is being
taken pursuant to the emergency provision of
the Code of Iowa, Section 21.4{2) for good
cause where 24 hour notice is impossible or
impractical, namely litigation strategy that re-
quires timely attention.
Moved and seconded to adjourn 7:45
p.m. The Mayor declered the motion carried.
A more complete description of
Council activities is on file in the office of the
City Clerk.
s/NAOMI J. NOVICK, MAYOR
s/MARIAN K. KARR, CITY CLERK
Submitted for publication 10/31/96.
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 21, 1996
Iowa City City Council, special meeting, 11:10 p.m. at the Civic Center. Mayor
Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick,
Thomberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Woito,
Karr. Council minutes tape recorded on Tape 96-124, Side 2.
Moved by Lehman, seconded by Norton, to adjourn to executive session to dis-
cuss 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; and to discuss the'purchase of particular real es-
tate only where premature disclosure could be reasonably expected to increase the price
the govemmental body would have to pay for that property. The minutes and tape record-
ing of a session closesd under this paragraph shall be available for public examination
when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried and adjourned into ex-
ecutive session 11:10 p.m. - ·
Council returned to open session 11:35 p.m. ~- -
Moved by Lehman, seconded by Baker, to adjourn the special meeting 11:35 p.m.
The Mayor declared the motion carded unanimously, 6/0, Thomberry absent.
Naomi J. Novick, Mayor
Madan K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact
the City Clerk's Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 22, 1996
Iowa City City Cour~cil, regular meeting, 7:00 p.m. at the Civic Center.
Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton,
Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Arkins,
Helling, Woito, Karr, Miklo. Council minutes tape recorded on Tapes 96-126, Both
Sides; 96-128, Side 1.
The Mayor presented Outstanding Student Citizen Awards to Helen Lemme
Elementary School: Josh Boehm, Alex Nerad, Devin Seemuth, Karl Stevens.
The Mayor presented the Certificate of Achievement for Excellence in Fi-
nancial Reporting for the Fiscal Year Ending June 30, 1995 to the City of Iowa
City Department of Finance. Finance Director Yucuis accepted.
The Mayor welcomed a journalism class from the University to the meeting.
Moved by Norton, seconded by Vanderhoef, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or
ad6pted as amended:
Approval of Official Council Actions of the special meeting of October 7,
1996, and the regular meeting of October 8, 1996, as published, subject to
corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Bd. of Adjustment - September
~11, 1996. Airport Comm. - September 12, 1996. P&Z Comm. - October 3,
1'996.
Permit Motions: Approving a Class C Liquor License for The Qua, 211
'10wa Ave. Approving a Class E Beer Permit for Eagle Food Center #157,
600 N. Dodge St. Approving a Class E Beer Permit for Eagle Food Centers
8220, 1101 S. Riverside Dr. Approving a Class C Liquor License for Soho's,
1210 Highland Ct. Approving a refund for a unused portion of a Class C
_.Liquor License for Soho's, 1210 Highland Ct. Approving a Class C Liquor Li-
cense for Maxie's, 1920 Keokuk St. Approving a Class B Beer Permit for
'' Dud~ N Suds, 5 Sturgis Dr. RES. 96-290, Bk. 116, p. 290, TO ISSUE
DANCING PERMITS.
Motions: Approve disbursements in the amount of $12,577,764.79
for the period of September 1 through September 30, 1996, as recom-
mended by the Finance Director subject to audit.
Resolutions, Bk. 116: RES. 96-291, p. 291, AUTHORIZING APPLI-
CATION FOR AN ECONOMIC DEVELOPMENT AND SUPPORTIVE SERVICES
(EDSS) GRANT. RES. 96-292, p. 292, AUTHORIZING EXECUTION OF CON-
SOLIDATED ANNUAL CONTRIBUTIONS CONTRACT, RENTAL CERTIFICATE
AND RENTAL VOUCHER PROGRAM. PROJECT NOS. IA022CE0022,
IAO22CE0023, AND IA022CEO024. RES. 96-293, p. 293, ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND
PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART SEVEN,
AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS
AND USE. RES. 96-294, p. 294, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RE-
HABILITATION AGREEMENT, A LOW-INTEREST PROMISSORY NOTE AND A
MORTGAGE FOR THE PROPERTY LOCATED AT 907 EAST DAVENPORT
STREET, IOWA CITY, IOWA. RES. 96-295, p. 295, AUTHORIZING THE
Council Activities
October 22, 1996
page 2
MAYOR TO SIGN AND THE CITY CLERK TO AI-rEST A STORM SEWER
EASEMENT AGREEMENT FOR LOTS 22, 23, 34 AND 35 OF WEST SIDE
PARK ADDITION, 10WA CITY, IOWA. RES. 96-296, p. 296, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF
A PUBLIC WALKWAY-FIRELANE EASEMENT LOCATED ON LOT 79, WAL-
DEN WOOD PART 7, AN ADDITION TO THE CITY OF IOWA CITY, IOWA.
Correspondence: Debora Liddell regarding Parks and Recreation
Commission. James and Joanna Clancy regarding signalization of North
Dodge and North Dubuque Road. Janet Goetz regarding pigeon squabble.
Curt and Nancy Skay regarding 828 St. Anne's Drive. John Else regarding
citizen review boards. Sonia Ettinger regarding Shaw shooting incident.
Benn Dunnington regarding Shaw shooting incident. Benn Dunnington re-
garding scam warning. Penny Cazanas regarding Shaw shooting incident.
Larry Eastham regarding Shaw shooting incident. Stephen Greenleaf regard-
ing elderly family housing. EtsI~I~.
~ Bill & Barbara Meredith regarding Friendship/Shamrock Creek Improve-
ments.
Applications for Use of City Streets and Public Grounds: Jenny Schulz
(U of I College of Law), Equal Justice Foundation 5K Walk/Run - November
3, 1996, approved.
Applications for Use of City Plaza: Stephen Goff (I.C. Astronomy
Club), astronomical observation - October 18, 1996, approved. Julie Sram-
per (Old Capitol Mall), Santa's Arrival - November 24, 1996, approved.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Don Freidman, rural Iowa City, appeared regarding the Eric Shaw shooting
incident.
Moved by Lehman, seconded by Norton, to set a public hearing for Novem-
ber 4, 1996, on an ordinance amending Title 14, Chapter 6, Article J, entitled
'Overlay Zones," Section 2, entitled 'Planned Development Housing Overlay Zone
{OPDH)," subsection D, entitled 'Regulations," to indicate that parking reductions
may be approved for non-residential uses as part of a Sensitive Areas Overlay re-
zoning. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A public hearing was held on an ordinance amending Title 14, Chapter 7,
entitled 'Land Subdivisions," Article A, entitled 'General Subdivision Provisions,"
Section 4, entitled 'Establishment of Control," pertaining to City review of subdi-
visions located within two miles of the City's boundaries. No one appeared.
Moved by Kubby, seconded by Lehman, to combine the following three
items: §c. public hearing on an ordinance amending Title 14, Chapter 6, entitled
'Zoning," Article M, entitled 'Accessory Uses and Buildings," Section 1, entitled
'Permitted Accessory Uses and Buildings," to allow satellite receiving devices
smaller than one meter in diameter in any yard or on the roof of any structure in
residential areas; 5d. public hearing on an ordinance amending Title 14, Chapter 6,
entitled "Zoning," Article I, entitled "Public Zone," Subsection 4, entitled "Special
Exceptions," to allow communications towers as a special exception in the P, Pub-
lic zone; 5e. public hearing on an ordinance amending Title 14, Chapter 6, entitled
"Zoning," Article B, entitled "Zoning Definitions," to add definitions associated
Council Activities
October 22, 1996
page 3
with wireless communications facilities, including "communications tower,"
"communications equipment building," and "communications station." The Mayor
declared the motion carried unanimously, 7/0, all Council Members present. Asst.
City Mgr. Helling and Senior Planner Miklo present for discussion. No one ap-
peared.
Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 96-297, Bk.
116, p. 297, APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY
7.12 ACRES LOCATED WEST OF DUBUQUE STREET AND SOUTH OF THE 10WA
RIVER {Glasgow/VVater Plant). Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Kubby, seconded by Lehman, that the ordinance amending the
Zoning Ordinance by changing the use regulations of approximately 7.12 acres lo-
cated west of Dubuque Street and south of the Iowa River, from County RS, Sub-
urban Residential, to P, Public (Glasgow/VVater Plant), be given first vote for con-
sideration. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried.
Moved by Kubby, seconded by Lehman, to defer indefinitely an ordinance
vacating the portion of St. Matthias' Street (formerly known as St. Matthias' al-
ley), right*of-way located north of Dodge St. and St. John's alley, located between
St. Clement's Street and St. Matthias' St. (Robert Home Town Dairy). The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Norton, seconded by Thornberry, to adopt RES. 96-298, Bk. 116,
p. 298, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF MEADOW
VIEW SUBDIVISION, JOHNSON COUNTY, IOWA. Individual Council Members ex-
pressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Lehman, seconded by Vanderhoef, to adopt a resolution approv-
ing a preliminary and final plat of a resubdivision of a portion of lots 5 and 6, Ja-
cob Ricord's subdivision. Senior Planner Miklo present for discussion. The follow-
ing individuals appeared: Clifton Young, 1124 Dodge St. Ct.; Oscar Graham,
1130 Conkiln Lane; Elaine Dockery, 1110 Conkiln Lane; Stephen Wootton, 1131
Dodge St. Ct.; Mary Lou Emery, 1331 Dodge St. Ct.; John Macindoe; and Pat Ed-
berg, 1380 N. Dodge Ct. After discussion, Council directed staff to contact the
applicant to seek permission to defer until the next Council meeting, thus waiving
the sixty day limitation period. Moved by Kubby, seconded by Lehman, to table
the resolution to the end of the meeting. (Item discussed after item #11, adoption
of Res. 96-301.) The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Lehman, seconded by Thornberry, to table a motion to accept a
recommendation that a no-parking zone be established on North Dodge Court, to
the end of the meeting. (Item discussed after item 811, adoption of Res. 96-301.)
The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by Norton, seconded by Lehman, to adopt RES. 96-299, Bk. 116, p.
299, APPROVING A FINAL PLAT OF MEADOW RIDGE, PART 2, IOWA CITY,
IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Council Activities
October 22, 1996
page 4
Moved by Thornberry, seconded by Lehman, to defer to November 19,
1996, a resolution authorizing execution of a letter of understanding between the
City of Iowa City and the Elks Golf and Country Club regarding Foster Road ex-
tended and golf course changes in connection with the new water treatment plant.
The Mayor declared the motion carried, 710, all Council Members present.
A public hearing was held on a resolution authorizing the conveyance by
sale and/or lease of land adjacent to the Elks Golf and Country Club. No one ap-
peared. Moved by Kubby, seconded by Norton, to continue the public hearing,
and to defer a resolution authorizing the conveyance by sale and/or lease of land
adjacent to the Elks Golf and Country Club to November 19, 1996. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Norton, that the rule requiring ordi-
nances to be considered and voted on for final passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived, and that ORD. 96-3754, Bk. 39, p. 48, COR-
RECTING ORDINANCE NO. 84-3219, VACATING A FORTY-FOOT (40') PORTION
OF THE ALLEY RIGHT-OF-WAY RUNNING NORTH-SOUTH BETWEEN HARRISON
STREET AND PRENTISS STREET AND ABUTTING THE EAST SIDE OF THE PROP-
ERTY LOCATED AT 522 SOUTH DUBUQUE STREET, be voted on for final passage
at this time. Affirmative roll call vote unanimous, 7/0, all Council Members pres-
ent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by
~Thornberry, that the ordinance be adopted at this time. Affirmative roll call vote
unanimous, 7~0, all Council Members present. The Mayor declared the ordinance
adopted.
Moved by Baker, seconded by Vanderhoef, that the rule requiring ordi-
nances to be considered and voted on for final passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived, and that ORD. 96-3755, Bk. 39, p. 49, COR-
RECTING ORDINANCE NO. 96-3744 IN ORDER TO ACCURATELY RENUMBER
AND RELE'I-I'ER THE ENDING SUBSECTIONS OF THE SENSITIVE AREAS DEVEL-
OPMENT PLAN DESIGN GUIDELINES SECTION OF THE SENSITIVE AREAS ORDI-
NANCE, be voted on for final passage at this time. Affirmative roll call vote unani-
mous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Baker, seconded by Lehman, that the ordinance be finally adopted at
this time. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Lehman, seconded by Norton, to adopt RES. 96-300, Bk. 116, p.
300, AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASE-
MENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUC-
TION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO
MUSCATINE AVENUE. Moved by Kubby, to amend the resolution by striking the
Section 4, Page 2, dealing with condemnation. The motion died for lack of a sec-
ond. The Mayor declared the resolution adopted, 6/1, with the following division
of roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker.
Nays: Kubby. Absent: None.
Moved by Norton, seconded by Baker, to adopt RES. 96-301, Bk. 116, p.
301, RATIFYING SE'T-T'LEMENT OF PENDING LITIGATION (85,000 to West Side
Council Activities
October 22, 1996
page 5
Company). Affirmative roll call vote unanimous, 7/0, all Council Members present,
The Mayor declared the resolution adopted.
Moved by Kubby, seconded by Norton, to remove from the table previously
tabled items 5j. (a resolution approving a preliminary and final plat for Jacob Ri-
cord's Subdivision) and 5k. (a recommendation regarding no-parking on North
Dodge Ct.) The Mayor declared the motion carried unanimously, 7/0, all Council
Members present. Senior Planner Miklo reported that the applicant declined to
waive the sixty day limitation period ending October 28. Moved by Kubby, sec-
onded by Norton to defer, until a special Council meeting at 6:00 p.m., Monday,
October 28, 1996,(at a meeting location to be announced) a resolution approving
a preliminary and final plat of a resubdivision of a portion of lots 5 and 6, Jacob
Ricord's Subdivision, a 1.26 acre, 6-lot residential subdivision, located south of
North Dodge Court and east of Dodge Street; and a recommendation from the
Planning and Zoning Commission that a no-parking zone be established on North
Dodge Ct. The Mayor declared the motion to defer both items carried unani-
mously, 7/0, all Council Members present. The Mayor repeated the special meet-
ing on this matter would be held at 6:00 p.m. on October 28, 1996.
The Mayor noted the current vacancies: Bd. of Adjustment - One vacancy to
fill a five-year term ending January 1, 2002; Bd. of Appeals - One vacancy to fill a
five-year term ending December 31, 2001; Human Rights Comm. - Three vacan-
cies to fill three-year terms ending January 1, 2000; P&R Comm. - Two vacancies
to fill four-year terms ending January 1, 2001, and one vacancy to fill an unex-
pired term ending January 1, 1998; Sr. Center Comm. - Two vacancies to fill
three-year terms ending December 31, 1999; P&Z Comm. - one vacancy to fill a
.five month unexpired term in addition to a five-year term ending May 1, 2003.
These appointments will be made at the December 3, 1996, meeting of the City
Council.
Council Member Norton requested Council schedule joint meetings with Uni-
versity representatives, Johnson County, School Board and the City of Coralville
regarding issues of common concern. After discussion Council requested meet-
ings be set-up with the County and the University-within-the next few months.
Council Member Norton and Kubby will continue to work on possible meeting
dates with the University Student Senate. Norton noted comments at a previous
Council meeting from Dave Tiedt regarding the Highlander Avenue storm sewer
project and questioned the status of his request. The City Mgr. reported that
staff had prepared a report for Council and it would be available by the end of the
week. Norton requested that Council schedule further discussion on the "deer" is-
sue soon.
Council Member Kubby noted the memo from Adm. Asst. Handshaker outlin-
ing the employee art fund established from proceeds from the City vending room
and thanked Handshaker, Purchasing Agent Eisenhofer, and Information Desk Staf-
fer Sinnott for their help. Kubby encouraged the art fund explore Council Cham-
bers for future wall art. The City Mgr. reported that he was working with staff on
converting the Council Chambers to meeting room space.
Council Member Lehman reported on the retirement party for University of
Iowa track coach Ted Wheeler, noting his contributions to the quality of life in this
community.
Council Activities
October 22, 1996
page 6
Council Member Vanderhoef congratulated the Parks and Recreation Com-
mission and staff for their successful application to receive REAP grant monies
($142,000) for the reconstruction of the Iowa River Power footbridge and trail out
into the peninsula.
Council Member Baker asked when the Council would be discussing the lat-
est proposal for a Police Citizen Review Board. After discussion Council directed
s~aff to add a separate item for Council discussion of the proposal on their formal
special meeting agenda of November 4.
Mayor Novick reminded citizens that the Special Census is in its final phase.
Anyone who has not been counted should complete a mail-in Census form.
Forms will be available in the Iowa City Press Citizen on Saturday, October 26,
and Wednesday, October 30. Additional forms are available in the main lobby of
the Civic Center, 410 East Washington Street, or at the Public Library, 123 Linn
Street. She encouraged citizens to call the City Clerk's office with any questions.
The Mayor noted the Community Housing Forum scheduled October 23.
City Mgr. Atkins noted the traffic signal and mast arms et the intersection of
Dodge and Burlington had been painted dark green and asked for input prior to
proceeding with other signals.
Moved by Lehman, seconded by Thornberry, to adjourn into executive ses-
sion 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. This action is
being taken pursuant to the emergency provision of the Code of Iowa, Section
21.4(2) for good cause where 24 hour notice is impossible or impractical, namely
litigation strategy that requires timely action. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Lehman, seconded by Kubby, to adjourn 10:00 p.m. The Mayor
declared the motion carried unanimously, 4/0, Lehman, Kubby, Norton, Novick
present.
Naomi J. Novick, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's
Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 28, 1996
Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayer Novick pre-
siding. Council Members present: Kubby, Lehman, Norton, Novick, Thomb~rry, Vanderhoef. Ab-
sent: Baker. Staffmembers present; Atldns, Helling, Woito, Karr, Miklo, O'Malley, Dilkes, Holecek,
Rocca. Council minutes tape recorded on Tapes 96-128, Side 2.
Moved'b~'Vanderhoef, se(x~:led by Lehman, to adopt RES. 96-302, Bk. 116, p.302, AP-
PROVING A PRELIMINARY AND FINAL PLAT OF A RESUBDIVISION OF LOTS 5 AND 6, JA-
COB RICORD'S SUBDIVISION, IOWA CITY, IOWA. Senior Planner Miklo present for discussion.
Individual Council Members expr~sed their views. After discussion Council directed the Mayor to
write a letter to the Post Master requesting curbside ma~ delivery to the area after the street had
been widened to 22 feet. The following individuals appeared: Elaine Dockery, 1110 Conkiln
Lane; Clifton Young, 1124 Dodge St. Ct.; and Pat Edberg, 1380 N. Dodge Ct. The Mayor declared
the resolution adopted, 511, with the following division of roll call vote: Ayes: Novick, Theruben'y,
Vanderho~f, Lehman, Norton. Nays: Kubby. Absent: Baker.
'M(~ved by Kubby,'seconded by Norton, to ~ccopt a recommendation that a no-parking
zone b~ established on North Dodge Court. The Mayor declared the motion carried unanimously,
6~0, Baker absent.
Moved by Thombemy, secorated by Lehman, to adjoum to executive session to discuss
strategy with counsel in matters l~t are presently in litigloo..of.,w.here litigation is imminent where
its disclosure would be likely to prsjudica or disadvantage the 'position of the governmental body in
that litigation. This action is being taken pursuant to ~e emergency provision of the Code of Iowa,
Section 21.4(2) for good cause where 24 hour notice is impossible or impractical, namely litigation
strategy that requires timely attention. Affirmative roll call vote unanimous, 6~0, Baker absent. The
Mayor declared the motion carded and adjourned into executive session 6:40 p.m. Council retumed to open session 7:43 p.m.
Moved by Thombemj, seconded by Norton, to adjourn 7:45 p.m. The Mayor declared the
motion carded unanimously, 6/0, Baker absent.
Mada~ K. Karr, City Clerk
~laomi J. Novick, Mayor