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HomeMy WebLinkAbout1995-05-09 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 9, 1995 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, Karr, Holecek, Meisel, Franklin, Ogren, Rocca, Klinefelter, Yucuis. Council minutes tape recorded on Tapes 95-63, Both Sides; and 95-64, Side 1. The Mayor presented Citizenship Awards to students from Irving B. Weber Elementary School: Adam Kinney; Sarah Maktabi; Joanna Malott; Grant Schulte. The Mayor proclaimed School Board Member Recognition Week - May 7-13, 1995; Tourism Awareness Week - May 7-13, 1995; Iowa City Dandelion Week - May 6-13, 1995; Drinking Water Week - May 7-13, 1995; A Day of Honor for Bethel African Methodist Episcopal Church - May 12, 1995, Dianna Penny accepting; Senior Center Week- May 14-21, 1995, Senior Center Commissioner Frieda Shannon and Coordinator Meisel accepting; Salvation Army Week ~ May 15-21, 1995; Public Works Week - May 21-27, 1995; B-BOPS Week - May 15-20, 1995; Historic Preservation Week - May 14-20, 1995, Historic Preservation Commissioner Pugh accepting. Moved by Kubby, seconded by Pigott, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of April 25, 1995, and the special meeting of April 24, 1995, as published, subject to corrections, as recommend- ed by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. meeting of April 20, 1995; Historic Preservation Comm. meeting of March 14, 1995; Bd. of Appeals meeting of March 13, 1995, April 3, 1995; Bd. of Adjustment meeting of April 12, 1995. Permit Motions: Approving a Class "C" Liquor License for Fitzpatrick's, 525 S. Gilbert St. Approving a Class "C" Liquor License for Colonial Lanes, 2253 Old Highway 218 S. Approving an Outdoor Service Area for Holiday Inn Iowa City, 210 S. Dubuque St. RES. 95-98, Bk. 113, p. 98, ISSUING DANCING PERMIT. Approving a Class "C" Liquor License for Gunnerz, 123 E. Washington St. Resolutions, Bk. 113: RES. 95-99, p. 99, AUTHORIZING APPLICATION FOR 1995 COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP). RES. 95- 100, p. 100, FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYMENT AND ACCEPTING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT AT GRANTWOOD DRIVE. RES. 95-101, p. 101, FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYMENT AND ACCEPTING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT AT THE INTERSECTION OF BRIAR DRIVE AND PEPPER DRIVE. RES. 95-102, p. 102, FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYMENT AND ACCEPTING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT AT THE INTERSECTION OF HAZEL COURT AND PEPPER DRIVE. RES. 95-103, p. 103, FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYMENT AND ACCEPTING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT ON BENTON STREET IMMEDIATELY WEST OF THE IOWA RIVER. RES. 95-104, p. 104, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 431 OAKLAND AVENUE, IOWA CITY, IOWA. Correspondence: Senator Mary Neuhauser in reply to a letter regarding the Death Penalty legislation. Letters regarding the SEATS contract from: Betty J. Stevens. Aletta Boeke, signed by 61 petitioners. David Keil of Regina Preschool with attached letter from Jessica Feverbarn regarding water pollution. Melrose Avenue Neighborhood Association regarding the Melrose Avenue and Bridge Project. Curt and Nancy Skay regarding the Yeggy property on St. Anne's Drive. Memoranda from the Traffic ;367 Council Activities May 9, 1995 Page 2 Engineer regarding: Parking prohibition on the West Side of the 500 block of South Linn Street; Parking prohibition on the east side of Lakeside Drive. Applications for Use of Streets and Public Grounds:Iowa Chapter of Cystic Fibrosis Foundation to have the Great Strides 1995 Walk-a-thon on Iowa City streets on May 21, 1995, approved. Diane Denneny, Activities Therapy Department of The University of Iowa Hospitals and Clinics, for the use of public streets for the Ronald McDonald House Race on May 6, 1995, approved. Caroline Yocum for the use of public sidewalks for the Home and Family Care Walkathon on June 24, 1995, ap- proved. American Legion Auxiliary to offer poppies for donations on public sidewalks on May 19 and 20, 1995, approved. New Pioneer Food Co-op to close Van Buren Street from the alley to Washington Street on April 30, 1995, for the Cinco de Mayo Fiesta, approved. The Salvation Army for the use of public sidewalks for Bell Ringers to commemorate National Salvation Army Week on May 17, 19 and 20, 1995, approv- ed. American Heart Association for the use of public streets on May 20, 1995, for the Heart Ride, approved. Patricia Van Eck for the use of Park Road Bridge and Oakland Cemetery for the Memorial Day services on May 29, 1995, approved. Brett Beemyn for the use of public streets for the Lesbian, Gay, Bisexual and Transgender Pride Parade on June 17, 1 995, approved. Downtown Association for the use of the parking lot adjacent to the Holiday Inn and for space on the City Plaza for Family Fun Day, May 27, 1995, approved. Applications for City Plaza Use Permits: Jacqueline Gharib for permission to set up a table on April 26 and 27, 1995, for the purpose of distributing lite,'ature and offering crafts for donations, approved. Douglas Anderson for the use of the stage area for a rally in opposition to the "Contract with America" on May 6, 1995, approved. Jacqueline Gharib for permission to set up a table on May 2, 3, 11, 12 and 13, 1995, for the purpose of distributing literature and offering crafts for donations, approved. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jordan Saturen, 802 E. Washington St., appeared and urged Council to consider painting curbs yellow no parking zones 20 feet back from all corners to help visibility at street intersections. Staff will follow-up. Ben Kemp appeared requesting City help in addressing a personal civil rights violation. Staff will follow-up. Moved by Pigott, seconded by Throgmorton, to set a public hearing for May 23, 1995, on an amendment to the Comprehensive Plan to adopt "IOWA CITY: BEYOND 2000 -- Iowa City's Vision for the Future." Council complimeqted PCD Director Franklin and City Mgr. Atkins on the document. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance conditionally amending the use regulations of an approximate 1.63 acre lot located on the west side of Waterfront Drive, approximately 140 feet north of Stevens Drive from CC-2, Community Commercial, to C1-1, Intensive Commercial (Boyd & Rummelhart). John Rummelhart, Jr., appeared. Moved by Novick, seconded by Throgmorton, that the ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article N, entitled, "Off Street Parking and Loading," to reduce the amount of required off-street parking spaces and amend the parking area design standards in the CN-1, Neighborhood Commercial zone, be given second vote for consider- ation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Throgmorton, seconded by Pigott, that the ordinance conditionally amending the use regulations of approximately 34.21 acres located west of Taft Avenue along Court Street extended from RS-5, Low Density Single-Family Residential, to CN~I, Neighborhood Commercial (6.93 acres), RM-12, Low Density Multi-Family Residential (12 acres), and RS-8, Council Activities May 9, 1995 Page 3 Medium Density Single-Family Residential (8.14 and 7.14 acres) (Windsor Ridge), 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 Novick, seconded by Lehman, to adopt ORD. 95-3675, Bk. 38, p. 12, AMENDING THE ZONING ORDINANCE BY ESTA8LISHING THE MOFFITT COTTAGE HISTORIC DISTRICT AS A HISTORIC PRESERVATION OVERLAY ZONE. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the ordinance adopted. Moved by Pigott, seconded by Novick, to submit a letter to the Johnson County Board of Supervisors recommending approval of an application submitted by Celeste Holloway and Tom Bockenstedt to rezone 1.99 acres of a 10.6 acre tract from A1, Rural, to RS, Suburban Residential, for property located in the southeast quadrant of Rapid Creek Road NE and Lynden Heights Road NE in Fringe Area 4. Council directed staff to explore moving, rather than demolishing, the present structure. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an amended 1993 Supplemental Community Develop- ment Block Grant (CDBG) Program Statement and Budget. No one appeared. Moved by Kubby, seconded by Pigott, to adopt RES. 95-105, Bk. 113, p. 105, AUTHORIZING AND APPROVING AN AMENDMENT TO THE SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT AND BUDGET FOR THE USE OF 1993 FLOOD RELIEF FUNDS. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an amended 1994 Community Development Block Grant (CDBG) Program Statement and Budget. No one appeared. Moved by Kubby, seconded by Pigott, to adopt RES. 95-106, Bk. 113, p. 106, AUTHORIZING AND APPROVING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATE~SNT AND BUDGET. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending Title 14, Chapter 5-E Entitled "Building and Housing" City Code by revising Article E Entitled "Housing Code" to enhance the life safety provisions for existing rental housing. Anna Buss, 525 W. Benton St., requested Council continue the public hearing to allow more input. Sr. Housing Inspector Klinefelter present for discussion. Moved by Pigott, seconded by Kubby, to continue the public hearing to May 23, 1995. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on amending the current FY95 Budget. No one appeared. Moved by Novick, seconded by Lehman, to adopt RES. 95-107, Bk. 113, p. 107, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1995. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Bd. of Library Trustees - Three vacancies for six-year terms ending July 1,2001; Design Review Comm.- Four vacancies for three-year terms ending July 1, 1998; Broadband Telecomm. Comm. - One vacancy for an unexpired term ending March 13, 1997. These appointments will be made at the May 23, 1995, meeting of the City Council. The Mayor noted the current vacancies: Bd. of Adjustment - One vacancy for an unexpired term plus a five-year term ending January 1,2001. This appointment will be made at the June 27, 1995, special meeting of the City Council. Council Member Lehman complimented City staff on the first nine months fiscal year report showing most every fund ahead of budget, and most expenses below anticipated levels. He also noted appreciation to City employees involved in the open house May 7. Council Activities May 9, 1995 Page 4 Council Members Throgmorton and Pigott echoed remarks made about the open house noting Officer Peterson's tour of the Police Department. Council Member Kubby reminded citizens of the Toxic Clean-up Day scheduled May 20, clarifying individuals could combine toxics and make one appointment providing they do not exceed the limits of 25 gallons of paint or 220 pounds of items. She also noted a number of concerns regarding parking on Scott Blvd. during soccer games asking for enforcement of no parking and to be aware of kids darting into the path of cars. Additionally, Council Member Kubby reported on the SEATS/paratransit discussion the previous evening and the commitments made by all Council Members to providing the service. She also congratulated City Clerk Karr on her recent election as President of the Iowa Municipal Finance Officers Association. Council Member Novick reported on the annual meeting of the Convention and Visitors Bureau and extended an invitation to the Council for a bus tour of area attractions on Friday, May 5. Council Member Throgmorton reported on a tour of the Iowa Illinois Gas & Electric dispatch center in Davenport and thanked Paul Sabota for the tour. Council Member Pigott extended thank-you's for the City open house to employees of the Police Department, Water Division, and Cable Division Media unit. He also acknowledged camera person Scott Darlington for his efforts in cablecasting council meetings and wished him well at his new job in Boston. Pigott noted the recent award presented by the Iowa Department of Public Safety to the Cable Division Media unit for excellence in traffic safety for their 20 minute video entitled "Child Safety Seats". Council Member Baker congratulated fellow Council Member Pigott on his recent marriage. Baker noted the distribution of a speech by Mr. Kunstler a few weeks earlier concerning planning and urban growth, and proposed inviting Mr. Kunstler to Iowa City for a presentation suggesting the cost might be shared with the Chamber of Commerce. Council agreed with the proposal. Mayor Horowitz reported on a recent visit by 13 women from the Yamanashi Prefecture in Japan. Council Member Throgmorton encouraged more information sharing about types of co~nections that Iowa City has to other parts of the world. Moved by Pigott, seconded by Lehman, to adopt RES. 95-108, Bk. 113, p. 108, AP- PROVING LOAN AGREEMENTS BETWEEN THE CITY OF IOWA CITY, THE IOWA DEPART- MENT OF ECONOMIC DEVELOPMENT, AND MOORE BUSINESS FORMS, INC. FOR 9300,000 OF COMMUNITY ECONOMIC BETTERMENT FUNDS TO ASSIST WITH A FACILITY EXPAN- SION, AND FOR $100,000 FROM THE CITY TO ASSIST WITH THE PURCHASE OF MACHINERY AND EQUIPMENT. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Novick, to adopt RES. 95-109, Bk. 113, p. 109, RATIFYING SETTLEMENT OF PENDING LITIGATION to Washington Park Partners for 93,250,000. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Nays: Baker. Moved by Lehman, seconded by Pigott, to adopt RES. 95-110, Bk. 113, p. 110, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND LEE SIGLIN FOR PLANTINGS ON THE PUBLIC RIGHT OF WAY AT 618 NORTH GILBERT STREET, IOWA CITY, IOWA. Asst. City Atty. Ogren and applicant Siglin present for discussion. After discussion, Council requested information regarding insurance requirements for use of City right-of-way. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Council Activities May 9, 1995 Page 5 Moved by Kubby, seconded by Pigott, to adopt RES. 95-111, Bk. 113, p. 111, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND IOWA CITY COFFEE COMPANY D/R/A THE JAVA HOUSE FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, to adopt RES. 95-112, Bk. 113, p. 112, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT BETWEEN RICE, WILLIAMS ASSOCIATES OFWASHINGTON, D.C. AND THE CITY OF IOWA CITY, IOWA, TO PROVIDE CONSULTING SERVICES TO ASSIST THE CITY IN THE PROCESS OF FRANCHISE RENEWAL/REFRANCHISING FOR CABLE TV SERVICES FOR THE CITY OF IOWA CITY. Asst. City Mgr. Helling present for discussion. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Novick, that the ordinance amending Title 12, Chapter 3 Section 1 Entitled "Telephone Franchise", to adopt standards for entering franchise agreements to provide electronic communications services, be given first vote for consider- ation. After discussion, moved by Kubby, seconded by Throgmorton, to defer the ordinance to May 23, 1 995. The Mayor declared the motion carried 6/1, with Novick voting "Nay". Moved by Pigott, seconded by Throgmorton, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3676, Bk. 38, p. 13, AMENDING TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS" TITLE 4, CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," TITLE 10, CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS", AND TITLE 1 O, CHAPTER 5, ENTITLED "CITY PLAZA" TO ESTABLISH UNIFORM REGULA- TIONS FOR SIDEWALK CAFES, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Pigott, Throgmort- on, Baker, Horowitz, Kubby, Lehman. Nays; Novick. Absent: None. Moved by Pigott, seconded by Kubby, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 611, with the following division of roll call vote: Ayes: Throgmorton, Baker, Horowitz, Kubby, Novick, Pigott. Nays: Lehman. Moved by Kubby, seconded by Throgmorton, to adopt RES. 95-113, 8k. 113, p. 113, RESCINDING RESOLUTIONS 94-88 AND 84-181 AND ADOPTING A RESOLUTION ESTABLISHING A FEE SCHEDULE FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES at $5.00 a square foot. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Pigott, to adjourn 9:40 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. arr, City Clerk usan , orowltz, Mayor OFFICIAL COUNCIL ACTIONS - 4/24/95 The cost of publishing the following proceedings and claims is .~ Cumulative cost for this calendar year for said publication is 8 Iowa City City Council, special meeting, 6:35 p,m, at the Civic Center, Mayor Horowitz presiding, Council Members present: Baker, Horowitz, Kubby, Novick, Pigott, Throgmorton, Absent: Lehman, 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; 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 minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction is completed, The Mayor declared the motion carried, Moved and seconded to adjourn 7:45 p.m. The Mayor declared the motion carried, A more complete description of Council activities is on file in the, office of the City ~/SUSAN M,T-{OROWITZ, MAYOR__..__~ s/MARIAN I~, KARR, .~TY.C.LERK Submitted for publication 4/27/95 OFFICIAL COUNCIL ACTIONS - 4125195 The cost of publishing the following proceed- ings and claims is $ . Cumulative cost for this calendar year for said publication is $ Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presid- ing. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. The Mayor presented the Citizenship Awards to students of Shimek Elementary School: Matthew Brown; Molly Gable; Allison Polsley; Allison Spies. The Mayor proclaimed A Day of Honor for the National Merit Scholarship Finalists - April 26; White Ribbon Week - Apdl 23-May 1; Chauncey Swan Day - May 4; Arbor Day - April 28. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopt- ed as amended. Approval of Official Actions of the regu- lar meeting of April 10, and the special meeting of Apdl 11, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airpod Comm. meeting of March 21; Broad- band Telecommunications Comm. meeting of March 13; Bd. of Library Trustees meeting of March 30; Housing Comm. meeting of March 14; P&Z Comm. meeting of April 6; Design Review Comm. meeting of Apd117. Permit Motions: Class "B" Beer Permit for Sam's Pizza I.C., 321 S. Gilbert St. Class "C" Beer Permit for Wareco #445 828 S. Dubuque St. Class "E" Beer Permit for Kum & Go #422, 513 S. Riverside Dr. Class "E" Beer Permit for John's Grocery, 401 E. Market St. Class "C" Liquor License for Golden Oldies, 1910 S. Gilbert St. Outdoor Service Area for Mumm's Saloon & Eatery, 21 W. Benton St. Refund of an unused portion of a Class "C" Liquor License for Metro, 121 Iowa Ave. Class "B" Liquor License for Holiday Inn Iowa City, 210 S. Dubuque St. RES. 95-81, ISSUE DANOING PERMIT. Temporary outdoor service area for Soho's, 1210 Highland Ct. Setting Public Hearings: Setting a public headrig for May 9, on an ordinance amending Title 14, Chapter 5-Entitled "Build- ing and Housing" City Code by revising Article E entitled "Housing Code" to enhance the life safety provisions for existing rental housing. Setting a public headrig for May 9 on amendments to the 1993 Supplemental Community Development Block Grant Pro- gram Statement and Budget. Setting a pubItc hearing for May 9, on amendments to Official Actions April 25, 1995 Page 2 the 1994 Community Development Block Grant Program Statement and Budget, RES. 95.82, SETTING PUBLIC HEARING ON AMENDING THE FY95 OPERATING BUD- GET, Motions: Approve disbursements in the amount of $6,033,492.02 for the period of Mamh I through Mamh 31, as recommend- ed by the Finance Director subject to audit. Correspondence: Nancy and Richard Jordison requesting a 4-way stop at First Ave. and Friendship St., referred to the Traffic Engr. for review. John Murphy of the Downtown Association regarding the Bus and Shop Program, David Arbogast regard- ing Iowa City's recycling program. Judy Sirerisen regarding lhe zoning of the area between Jefferson and Market Sts, Maryann Dennis, Greater Iowa City Housing Fellow- ship regarding update on the Burns/GICHF joint project to develop affordable housing using CDBG and HOME funds. Harvey Wehde regarding the installation of a side- walk and stormwater retention area on his property. Applications for City Plaza Use Permits: Karen Kubby to use a portion of City Plaza for a May Day Celebration on May 1, ap- proved. Sr. Center for the use of the stage area on May 18, for performances by Voices of Experience and Swingtimers Band, ap- proved. The Mayor declared the motion carried. Moved and seconded to set a public hearing for May 9, on an ordinance conditionally amend- ing the use regulations of an approximate 1.63 acre lot located on the west side of Wa~edront Drive, approximately 140 feet nodh of Stevens Drive from CC-2, Community Commemial, to CI- 1, Intensive Commercial. The Mayor declared the motion carried. A public hearing was held on an ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by adopting design standards for extedor stairwells and exterior corridors on multi- family residential buildings. Glenn Siders, rep. ths Iowa City Homebuilders Association, appeared. Moved and seconded to continue the public hearing to May 23. The Mayor declared the motion carded. Moved and seconded to accept correspondence from C. Joseph Holland and Ernie Galer. The Mayor declared the motion carried. Moved and seconded to defer to May 23, an ordinance amending Cily Code Title 14, Chapter 5, entitled 'Building and Housing," Article H, Official Actions April 25, 1995 Page 3 entitled "Site Plan Review," by adopting design standards for exterior stairwells and exterior corridors on multi-family residential buildings, The Mayor declared the motion carried. Moved and seconded that the ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article N, entitled, 'Off Street Parking and Loading," to reduce the amounl of required off-street parking spaces and amend the parking area design standards in the CN-1, Neighbor- hood Commercial zone, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance conditionally amending the use regulations of approximately 34.21 acres located west of Taft Avenue along Court Street extended from RS-5, Low Density Single-Family Residential, to CN-1, Neighborhood Commercial, RM-12, Low Density Multi-Family Residential, and RS-8, Medium Density Single-Family Residential, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance establishing the Moffitt Cottage Historic District for preperty located between Muscaline Avenue and Ralston Creek, north of Court Street, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinance to be considered and voted on for final passage at two Council meetings pdor to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3673, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," OF THE CITY CODE BY REVISING ARTICLE L, ENTITLED "PROVISIONAL USES AND SPECIAL EXCEPTIONS," SECTION 1M, ENTITLED "NEIGHBORHOOD CENTERS," TO REPEAL THE ACCESS REQUIREMENT FOR NEIGH- BORHOOD CENTERS, be voted on for final passage at this time. The Mayor declared the motion carded. Moved and seconded that the ordinance be finally adopted at this time. ' Moved and seconded to adopt RES. 95-83, APPROVING FINAL PLAT OF ORCHARD VIEW ESTATES, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 95-84, APPROVING THE PRELIMINARY PLAT OF BOYRUM SUBDIVISION, PART 4, IOWA CITY, IOWA. Moved and seconded to adopt RES. 95-85, APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION, PART 2, IOWA CITY, IOWA. Lorna Wamock, 29 Galway Circle, and Larry Schnittjer, MMS Consultants, Official Actions April 25, 1995 Page 4 appeared. Moved and seconded to accept corre- spondence from: Lorna Jane and Niall Warnock; and Nancy Seiberling, The Mayor declared the motion carried. Moved and seconded to adopt RES. 95-86, APPROVING THE PRELIMINARY PLAT OF PELSANG PLACE, IOWA CITY, IOWA. A public hearing was held relative to an application for forty-six (46) units of Section 8 Certificates and Vouchers and 9 Portability Vouchers and Certificates. Moved and seconded to adopt RES. 95-87, AUTHORIZING APPLICATIONS FOR 46 UNITS OF SECTION 8 CERTIFICATES AND VOUCH- ERS, AND 9 PORTABILITY VOUCHERS AND CERTIFICATES. Moved and seconded to adopt RES. 95-88, RESOLUTION OF COMPLIANCE WITH SEC- TION 403A.5, CODE OF IOWA, IN CONJUNC- TION WITH APPLICATIONS FOR SECTION 8 UNITS. A public hearing was held on Iowa City's Consolidated Plan for FY1996-FY2000. Moved and seconded to adopt RES. 95-89, ADOPTING IOWA CITY'S CONSOLIDATED PLAN, KNOWN AS CITY STEPS, FOR FY 1996- FY2000, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFI- CER FOR THE CONSOLIDATED PLAN. Jayne Santiler, First National Bank, appeared. Moved and seconded to adopt RES, 95-90, ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR THE HAWK- EYE AREA COMMUNITY ACTION PROGRAM (HACAP) WITHIN THE ACTION PLAN OF THE IOWA CITY CONSOLIDATED PLAN FOR FY1996-FY2000. A public hearing was held on plans, specifi- cations, form of contract, and estimate of cost for construction of the 1995 Asphalt Resur/acing Project. Moved and seconded to adopt RES. 95-91, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1995 ASPHALT RESURFAClNG PROJECT, ESTAB- LISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS, Official Aclions April 25, 1995 Page 5 A public hearing was held on an ordinance establishing regulations for sidewalk cafes. Lyone Fein, 605 E. Burlington St., appeared. Moved and seconded that the ordinance amending Title 4, Chapter 3, entitled "Outdoor Sen/ice Areas" Title 4, Chapter 5, entitled "Prohi- bitions and Restrictions," Title 10, Chapter 3, entitled "Commemial use of Sidewalks", and Title 10, Chapter 5, enlitled "City Plaza" to establish uniform regulations for sidewalk cafes, be given first vote for consideration. Moved and seconded to amend the ordinance to incorporate items #1, #2, #5, #6, #7 and #8 outlines in the April 20 staff memo as detailed as fo!lows: 10-3-3(C)(3) to read "Sidewalk cafes shall be set-up, operated, and restored to their normal operation, as a pedestrian way, each day between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. for establishments possessing a current alcoholic beverage license, and between the hours of seven o'clock (7:00) A.M. and midnighl (12:00) for sidewalk cafes not possessing a current alcoholic beverage license.; 10-3-3(C)(5) Sidewalk Cafes shall not operate when the restaurant kitchen is closed.; 10-3-3(F)(9) The sidewalk care shall be responsible for trash removal and must maintain the area and sur- rounding 5 feet in a clear, and litter free manner during all houm of operation, and shall restore the area and surrounding 5 feet to its normal condition as a pedestrian way and litter-free after operation each day.; 10-3-1 (add) G. includes a care, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom, tearoom, bar, cocktail lounge or tavern.; 10.3-3 (B)(2) No tables and chairs shall be places in street corner areas defined by building lines extended to the streel, and no closer than ten feet (10') from an alley.; 10-3-3(E)(2) (add) In addition, the applicant shall provide the name and address of lhe owners and tenants of three properties on each side of the establishment. A notice will be posted in the window of the applicant of their to establish a sidewalk care.; and 10-3-3 (B)(4) A sidewalk care may not utilize any public amenities such as benches, seats, tables or trash receptacles. The Mayor declared the motion to amend by including items #1, #2, #5, #6, #7, and #8 carried. Moved and seconded to add a sunset clause of Novem- ber 1, 1997 to Section IV of ordinance. The Mayor d3clared the motion to amend carried, Moved and seconded to amend 10-3-3 (E)(6) Sidewalk cafes shall be subject to the design review process of Title 14, Chapter 4 of this code. The Mayor declared the motion to amend for design review carried. The Mayor declared Official Actions April 25, 1995 Page 6 the motion carried on first consideration on the ordinance as amended. The Mayor noted the previously announced vacancies: Bd. of Library Trustees - Three vacan- cies for six-year terms ending July 1, 2001; Design Review Comm. - Four vacancies for three-year terms ending July 1, 1998; Breadband Telecomm. Comm. - One vacancy for an unex- pired term ending Mamh 13, 1997. These ap- pointments will be made at the May 23, meeting of the Cily Council. Moved and seconded to re-appoint Roger Reilly, 146 Mountain Green Dr.; Ben Moore, 25 Edgewood Circle; and John McMahon, 13 Warwick Circle to the Housing Commission to fill three vacancies for three-year terms ending May 1, 1998. The Mayor declared the motion carried. Moved and seconded to accept a recom- mendation from the Design Review Committee regarding the pmpr)sed development project on the old public library parking lot site. The Mayor declared lhe motion carried. Moved and seconded to adopt RES. 95-92, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I-rEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATrERY ENGINEERS AND ARCHI- TECTS, INC., TO PROVIDE ENGINEERING CONSULTANT SERVICES TO RECONSTRUCT A PORTION CF M,[:.LROSE AVENUE BETWEEN WEST HIGH SCHOOL AND HIGHWAY 218. Moved and seconded by Pigott, to adopt RES. 95-93, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NORTH SUM- MIT ALLEY EMBANKMENT IMPROVEMENT PROJECT to Kingiron Construction Co. Moved and seconded to adopt RES. 95-94, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK ATTEST AMENDMENT NUMBER 1 TO THE AGREEMENT DATED NOVEMBER 23, 1993, BETWEEN HOWARD R. GREEN COMPANY AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE IOWA CITY WATER SUPPLY AND TREATMENT FACILI- TIES. Mo,:ed and seconded to adopt RES. 95-95, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CiTY CLERK TO AT- TEST A CONTRACT FOR THE CONSTRUC- TiON OF A PUMP TEST/PRODUCTION WELL, A PRODUCTION WELL AND OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE WATER FACILITY SITE, Official Actions April 25, 1995 Page 7 Moved and seconded to adopt RES. 95-96, AMENDING THE CONFIDENTIAL/ADMINI. STRATIVE CLASSIFICATION/COMPENSATION PLANS FOR FY95 AND FY96. Moved and seconded to adopt RES. 95-97, RATIFYING THE SETTLEMENT OF PENDING CLAIM. Moved and seconded to adopt ORD. 95- 3674, ORDINANCE AMENDING TITLE 1, CHAP- TER 9, SECTION 3, "ELECTION PRECINCTS" OF THE CITY CODE OF IOWA CITY, IOWA, TO AMEND THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, IOWA TO INCLUDE PROPERTIES ANNEXED AND TO EXCLUDE PROPERTIES SEVERED SINCE 1993. Moved and seconded to adjourn 10:1.5 p.m. The Mayor declared the motion carried. For a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. s/SUSAN M. HOROWITZ, MAYOR s/MARIAN K. KARR, CITY CLERK~ ~ubmitted for publicati0~./4/9~ COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 24, 1995 Iowa City City Council, special meeting, 6:35 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Novick, Pigott, Throgmorton. Absent: Lehman. Staffmembers present: Arkins, Woito, Ogren, Flolocek, Karr. Council minutes tape recorded on Tape 95-56, Side 1. Moved by Kubby, seconded by Novick, 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; 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 minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction is completed. Affirmative roll call vote unanimous, 610, Lehman absent. The Mayor declared the motion carried and adjourned into executive session 6:37 p.m. Council returned to open session 7:40 p.m. Moved by Kubby, seconded by Pigott, to adjourn 7:45 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Marian K. Karr, City Clerk Susan M. Horowitz, Mayor COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 25, 1995 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: Arkins, Helling, Woito, Karr, Franklin, Ogren, Nasby, Fosse, Schmadeke, Scott. Council minutes tape recorded on Tapes 95-56, Side 1; 95-59, Both Sides; and 95-60, Side 1. The Mayor presented the Citizenship Awards to students of Shimek Elementary School: Matthew Brown; Molly Gable; Allison Polsley; Allison Spies. The Mayor proclaimed A Day o! Honor for the National Merit Scholarship Finalists - April 26, 1995; White Ribbon Week- April 23-May 1, 1995; Chauncey Swan Day - May 4, 1995; Arbor Day - April 28, 1995. Moved by Kubby, seconded by Lehman, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended. Approval of Official Actions of the regular meeting of April 10, 1995, and the special meeting of April 11, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. meeting of March 21, 1995; Broadband Telecommunications Comm. meeting of Mamh 13, 1995; Bd. of Library Trustees meeting of March 30, 1995; Housing Comm. meeting of Mamh 14, 1995; P&Z Comm. meeting of April 6, 1995; Design Review Comm. meeting of April 17, 1995. Permit Motions: Approving a Class "B" Beer Permit for Sam's Pizza I.C., 321 S. Gilbert St. Approving a Class "C" Beer Permit for Wareco #445, 828 S. Dubuque St. Approving a Class "E" Beer Permit for Kum & Go #422, 513 S. Riverside Dr. Approving a Class "'.-'" Beer Permit for John's Grocery, 401 E. Market St. Approving a Class "C" Liquor License for Golden Oldies, 1910 S. Gilbert St. Approving an Outdoor Service Area for Mumm's Saloon & Eatery, 21 W. Benton St. Approving a refund of an unused portion of a Class "C" Liquor License for Metro, 121 Iowa Ave. Approving a Class "B" Liquor License for Holiday inn Iowa City, 210 S. Dubuque St. RES. 95-81, Bk. 113, p. 81, ISSUE DANCING PERMIT. Approving a temporary outdoor service area for Soho's, 1210 Highland Ct. Setting Public Hearings: Setting a public hearing for May 9, 1995, on an ordinance amending Title 14, Chapter 5-Entitled "Building and Housing" City Code by revising Article E entitled "Housing Code" to enhance the life safety provisions for existing rental housing. Setting a public hearing for May 9, 1995, on amendments to the 1993 Supplemental Community Development Block Grant Program Statement and Budget. Setting a public hearing for May 9, 1995, on amendments to the 1994 Community Development Block Grant Program Statement and Budget. RES. 95-82, Bk. 113, p. 82, SEq-rlNG PUBLIC HEARING ON AMENDING THE FY95 OPERATING BUDGET for May 9, 1995. Motions: Approve disbursements in the amount of $6,033,492.02 for the period of March 1 through March 31, 1995, as recommended by the Finance Director subject to audit. Correspondence: Nancy and Richard Jordison requesting a 4-way stop at First Ave. and Friendship St., referred to the Traffic Engr. for review. John Murphy of the Downtown Association regarding the Bus and Shop Program. David Arbogast regarding Iowa City's recycling program. Judy Sivertsen regarding the zoning of the area between Jefferson and Market Sts. Maryann Dennis, Greater Iowa City Housing Fellowship regarding update on the Burns/GICHF joint project to develop affordable housing using CDBG and HOME funds. Harvey Wehde regarding the installation of a sidewalk and stormwater retention area on his property. Applications for City Plaza Use Permits: Karen Kubby to use a portion of City Plaza for a May Day Celebration on May 1, 1995, approved. Sr. Center for the use of the stage area on May 18, 1995, for performances by Voices of Experience and Swingtimers Band, approved. Council Activities April 25, 1995 Page 2 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Novick, seconded by Kubby, to set a public hearing for May 9, 1995, on an ordi- nance conditionally amending the use regulations of an approximate 1.63 acre lot located on the west side of Waterfront Drive, approximately 140 feet north of Stevens Drive from CC-2, Community Commercial, to C1-1, Intensive Commercial (Boyd and Rummelhart). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by adopting design standards for exterior stairwells and exterior corridors on multi-family residential buildings. Glenn Siders, rep. the Iowa City Homebuilders Association, appeared. POD Director Franklin present for discussion. Moved by Kubby, seconded by Lehman, to continue the public hearing to May 23, 1995. The Mayor declared the motion carried, 6/1, with Baker voting "nay". Moved by Kubby, seconded by Novick, to accept correspondence from O. Joseph Holland and Ernie Galer. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman, to defer to May 23, 1995, an ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by adopting design standards for exterior stairwells and exterior corridors on multi-family residential buildings. The Mayor declared the motion carried, 6/1, with Baker voting "nay". Moved by Kubby, seconded by Novick, that the ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article N, entitled, "Off Street Parking and Loading," to reduce the amount of required off-street parking spaces and amend the parking area design standards in the CN-1, Neighborhood Commercial 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 Novick, seconded by Lehman, that the ordinance conditionally amending the use regulations of approximately 34.21 acres located west of Taft Avenue along Court Street extended from RS-5, Low Density Single-Family Residential, to CN-1, Neighborhood Commercial (6.93 acres), RM-12, Low Density Multi-Family Residential (12 acres), and RS-8, Medium Density Single-Family Residential (8.14 and 7.14 acres) (Windsor Ridge), be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Novick, that the ordinance establishing the Moffitt Cottage Historic District for property located between Muscatine Avenue and Ralston Creek, north of Court Street, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Novick, that the rule requiring ordinance 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. 95- 3673, Bk. 38, p. 10, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," OF THE CITY CODE BY REVISING ARTICLE L, ENTITLED "PROVISIONAL USES AND SPECIAL EXCEP- TIONS," SECTION 1M, ENTITLED "NEIGHBORHOOD CENTERS," TO REPEAL THE ACCESS REQUIREMENT FOR NEIGHBORHOOD CENTERS, 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 Kubby, 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 ordinance adopted. Moved by Novick, seconded by Throgmorton, to adopt RES. 95-83, Bk. 113, p. 83, APPROVING FINAL PLAT OF ORCHARD VIEW ESTATES, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 95-84, Bk. 113, p. 84, APPROVING THE PRELIMINARY PLAT OF BOYRUM SUBDIVISION, PART 4, IOWA CITY, Council Activities April 25, 1995 Page 3 IOWA. (Hy-Vee). 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. 95-85, Bk. 113, p. 85, APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION, PART 2, IOWA CITY, IOWA. Lorna Warhock, 29 Galway Circle, and Larry Schnittjer, MMS Consultants, appeared. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carded. Moved by Kubby, seconded by Pigott, to accept correspondence from: Loma Jane and Niall Warhock; and Nancy Seiberling. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Baker, to adopt RES. 95-86, Bk. 113, p. 86, APPROVING THE PRELIMINARY PLAT OF PELSANG PLACE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held relative to an application for forty-six (46) units of Section 8 Certificates and Vouchers and 9 Portability Vouchers and Certificates. No one appeared. Moved by Pigott, seconded by Baker, to adopt RES. 95-87, Bk. 113, p. 87, AUTHORIZING APPLICATIONS FOR 46 UNITS OF SECTION 8 CERTIFICATES AND VOUCHERS, AND 9 PORTABILITY VOUCHERS AND CERTIFICATES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Throgmorton, to adopt RES. 95-88, BK. 113, p. 88, RESOLUTION OF COMPLIANCE WITH SECTION 403A.5, CODE OF IOWA, IN CONJUNCTION WITH APPLICATIONS FOR SECTION 8 UNITS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on Iowa City's Consolidated Plan for FY1996-FY2000 (a.k.a. City Steps). No one appeared. Moved by Novick, seconded by Throgmorton, to adopt RES. 95-89, Bk. 113, p. 89, ADOPTING IOWA CITY'S CONSOLIDATED PLAN, KNOWN AS CITY STEPS, FOR FY 1996- FY2000, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. Jayne Sandlet, First National Bank, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Baker, to adopt RES. 95-90, Bk. 113, p. 90, ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR THE HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) WITHIN THE ACTION PLAN OF THE IOWA CITY CONSOLIDATED PLAN FOR FY1996-FY2000. Affirmative roll call vote unanimous, 6/0, Kubby abstaining. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the 1995 Asphalt Resurfacing Project. No one appeared. Moved by Throgmodon, seconded by Novick, to adopt RES. 95-91, Bk. 113, p. 91, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1995 ASPHALT RESURFACING PROJECT, ESTABLISH- ING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS at 10:30 a.m. May 16, 1995. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance establishing regulations for sidewalk cafes. Lyone Fein, 605 E. Burlington St., appeared. Moved by Pigott, seconded by Throgmorton, that the ordinance amending Title 4, Chapter 3, entitled "Outdoor Service Areas" Title 4, Chapter 5, entitled "Prohibitions and Restrictions," Title 10, Chapter 3, entitled "Commercial use of Sidewalks", and Title 10, Chapter 5, entitled "City Plaza" to establish uniform regulations for sidewalk cafes, be given first vote for consideration. Council Activities April 25, 1995 Page 4 Individual Council Members expressed their views. After discussion, moved by Throgmodon, seconded by Pigott, to amend the ordinance to incorporate items #1, #2, #5, #6, #7 and #8 outlines in the April 20 staff memo as detailed as follows: 10-3-3(C)(3) to read "Sidewalk cafes shall be set-up, operated, and restored to their normal operation, as a pedestrian way, each day between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. for establishments possessing a current alcoholic beverage license, and between the hours of seven o'clock (7:00) A.M. and midnight (12:00) for sidewalk cafes not possessing a current alcoholic beverage license.; 10-3-3(C)(5) Sidewalk Cafes shall not operate when the restaurant kitchen is closed.; 10-3-3(F)(9) The sidewalk care shall be responsible for trash removal and must maintain the area and surrounding 5 feet in a clean and litter free manner during all hours of operation, and shall restore the area and surrounding 5 feet to its normal condition as a pedestrian way and litter-free after operation each day.; 10-3-1 (add) G. Includes a care, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom, tearoom, bar, cocktail lounge or tavern.; 10-3-3 (B)(2) No tables and chairs shall be places in street corner areas defined by building lines extended to the street, and no closer than ten feet (10') from an alley.; 10-3-3(E)(2) (add) In addition, the applicant shall provide the name and address of the owners and tenants of three properties on each side of the establishment. A notice will be posted in the window of the applicant of their to establish a sidewalk cafe.; and 10-3-3 (B)(4) A sidewalk cafe may not utilize any public amenities such as benches, seats, tables or trash receptacles. Individual Council Members expressed their views. The Mayor declared the motion to amend by including items #1, #2, #5, #6, #7, and #8 carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Pigott, to add a sunset clause of November 1, 1997 to Section IV of ordinance (item #3 of April 20 memo). Individual Council Members expressed their views. The Mayor declared the motion to amend by adding the November 1, 1997 sunset clause carried, 5/2, with the following division of voice vote: Ayes: Baker, Kubby, Lehman, Pigott, Throgmortoq. Nays: Horowitz, Novick. Moved by Throgmorton, seconded by Kubby, to amend 10-3-3 (E)(6) Sidewalk cafes shall be subject to the design review process of Title 14, Chapter 4 of this code. PCD Director Franklin present for discussion. The Mayor declared the motion to amend for design review carried unanimously, 7/0~ all Council Members present. Individual Council Members expressed their views. The Mayor declared the motion carried on the ordinance as amended, 5~2, with the following division of roll call vote: Ayes: Kubby, Pigott, Throgmorton, Baker, Horowitz. Nays: Lehman, Novick. The Mayor noted the previously announced vacancies: Bd. of Library Trustees - Three vacancies for six-year terms ending July 1, 2001; Design Review Comm. - Four vacancies for three-year terms ending July 1, 1998; Broadband Telecomm. Comm. - One vacancy for an unexpired term ending March 13, 1997. These appointments will be made at the May 23, 1995, meeting of the City Council. Moved by Novick, seconded by Pigolt, to re-appoint Roger Reilly, 146 Mountain Green Dr.; Ben Moore, 25 Edgewood Circle; and John McMahon, 13 Warwick Circle to the Housing Commission to fill three vacancies for three-year terms ending May 1, 1998. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Kubby stated Toxic Clean Up Day was May 20, individuals interested in volunteering should contact Brad Neumann at 356-5235, and appointments must be made to drop off materials. She repoded that appointments can be scheduled Monday thru Friday, between May 8 and May 19, by calling 354-4212. In response to Kubby, City Manager Arkins and City Clerk Karr briefed Council on upcoming activities planned for the City open house May 7. Kubby clarified that monthly billings would include a decrease in the minimum water charge. The City Manager stated everything included on the two month bill would be halved. Kubby requested the City support the request to raise the Iowa Avenue sidewalk. The City Manager briefed Council on discussion with properly owners. Kubby urged lawn care companies making spring applications to use larger signs, noting Quality Care larger signs. She also acknowledged companies using more than one sign, and outlined the procedure for pre-notification under state law. Council Activities April 25, 1995 Page 5 Council Member Novick reminded citizens not to mow, blow, or dump lawn clippings on the street and storm sewer. Council Member Throgmodon acknowledged an article in Prairie Pm.qressive entitled "Lights, Camera, Action at People's Hall", and praised the author. He also reported on a speech to a general meeting of Environmental Advocates by Michael Shuman, Executive Director of the Institute of Policy Studies, noting an interview scheduled in May for PATV "It's News To Us" with Mr. Shuman. Council Member Pigott questioned the status of the unit based pricing system for solid waste. The City Manager stated ordinances would be scheduled for Council action in May. He noted that Thursday, April 27, was Bring Your Daughter to Work Day and encouraged participation. Council Member Baker reported on a keynote speech presented by James Kunstler to a conference in Des Moines called "Designing on the Edge", and urged Council to read it. He noted that he has asked staff to distribute copies to Council and P&Z members. Mayor Horowitz echoed Council Member Novick's concerns regarding grass clipping clogging storm drains. The Mayor acknowledged two Iowa Citians who ran in the Boston Marathon: David Culver and Craig Willis, She reminded citizens of the Crisis Center Breakfast scheduled April 30; the Project GREEN sale May 6; the American Cancer Leash on Life non- competitive dog walk-a-thon May 21; upcoming plays at City High and West High; and the University opera, Council Member Pigott announced he would be getting married on April 29. Moved by Kubby, seconded by Throgmorton, to accept a recommendation from the Design Review Committee regarding the proposed development project on the old public library parking lot site. The Mayor stated Council had discussed the matter at their informal session and had agreed to a courtesy review. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Novick, to adopt RES, 95-92, Bk. 113, p. 92, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC., TO PROVIDE ENGINEERING CONSULTANT SERVICES TO RECONSTRUCT A PORTION OF MELROSE AVENUE BETWEEN WEST HIGH SCHOOL AND HIGHWAY 218 for $252,000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigor[, to adopt RES. 95-93, Bk. 113, p. 93, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NORTH SUMMIT ALLEY EMBANKMENT IMPROVEMENT PROJECT to Kingiron Construction Co, for $14,762.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Baker, seconded by Novick, to adopt RES. 95-94, Bk. 113, p.94, AUTHORIZ- ING THE MAYOR TO SIGN AND THE CITY CLERK ATTEST AMENDMENT NUMBER 1 TO THE AGREEMENT DATED NOVEMBER 23, 1993, BETWEEN HOWARD R. GREEN COMPANY AND THE CiTY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITIES. PW Director Schmadeke present for discussion. Individual Council Members expressed their views. After discussion staff was directed to amend item #J on page 2 of the amendment by striking the word "Replace" and substituting "Re-evaluate". 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. 95-95, Bk. 113, p. 95, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CON- TRACT FOR THE CONSTRUCTION OF A PUMP TEST/PRODUCTION WELL, A PRODUCTION WELL AND OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE WATER FACILITY Council A~ivities April25,1995 Page 6 SITE to Aquadrill Inc. for $186,961.00. Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, to adopt RES. 95-96, Bk. 113, p. 96, AMENDING THE CONFIDENTIAL/ADMINISTRATIVE CLASSIFICATION/COMPENSATION PLANS FOR FY95 AND FY96 (reclassify Animal Control Supervisor and Information Services Coordinator, formerly Data Processing Manager, to grade 27; and St. Information Services Coord., formerly Systems Analyst, to grade 28). Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Baker, to adopt RES. 95-97, Bk. 113, p. 97, RATIFYING THE SETTLEMENT OF PENDING CLAIM to Iowa State Bank for $119,565.71. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Kubby, to adopt ORD. 95-3674, Bk. 38, p. 11, ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3, "ELECTION PRECINCTS" OF THE CITY CODE OF IOWA CITY, IOWA, TO AMEND THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, IOWA TO INCLUDE PROPERTIES ANNEXED AND TO EXCLUDE PROPERTIES SEVERED SINCE 1993. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Horowitz., Kubby, Lehman, Novick, Pigott. Nays: Throgmorton, Baker. Absent: None. Moved by Kubby, seconded by Pigott, to adjourn 10:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk