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HomeMy WebLinkAbout1995-05-23 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 23, 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. Absent'. Throgmorton. Staffmembers present: Atkins, Woito, Walsh, Franklin, Boothroy, Rocca, Klinefelter, Bovey, Klingaman, Fosse, Schmadeke. Council minutes tape recorded on Tapes 95-68 & 95-69, both sides. The Mayor presented Citizenship Awards to students from Mark Twain Elementary School: Kaleia Hornaday, Jessica Larsen, Sven Nelson, Megan Ruxton. The Mayor noted the Regina High School Girl's Track Team winning the Class 1A Championship and expressed sympathy to the family of Mike Howard. Moved by Novick, seconded by Lehman, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the special meeting of May 8, 1995, and the regular meeting of May 9, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. meeting of April 12, 1995; Bd. of Library Trustees meeting of April 27, 1995; P&Z Comm. meeting of May 4, 1995; Mayor's Youth Employment 8d. meeting of April 25, 1995; Airport Comm. meeting of April 11, 1995; Housing Comm. meeting of April 11, 1995. Permit Motions: Approving a Class "C" Liquor License for Linn Street Cafe, 121 N. Linn St. Approving a Class "E" Beer Permit for Walgreens, 1646 Sycamore. Approving a Class "B" Beer Permit for Iowa City Tennis & Fitness Ctr., 2400 N. Dodge St. Approving a Class "C" Liquor License for Mumm's Saloon & Eatery, 21 W. Benton St. App. oving an Outdoor Service Area for Fitzpatrick's, 525 S. Gilbert St. Approving a Class C Liquor License for Season's Best, 325 E. Washington St. Approving an Outdoor Service Area for Season's Best, 325 E. Washington St. Motions: Approve disbursements in the amount of $10,260,349.04 for the period of April 1 through April 30, 1995, as recommended by the Finance Dir. subject to audit. Resolutions, Bk. 113: RES. 95-114, p. 114, ACCEPTING THE WORK FOR CHAUNCEY SWAN PLAZA PARKING FACILITY. RES. 95-115, p. 115, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST COMPANY FOR PROPERTY LOCATED AT 1 521 BROADWAY STREET. RES. 95-116, p. 116, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 918 IOWA AVENUE, IOWA CITY, IOWA. RES. 95-117, p. 117, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORM- WATER MANAGEMENT EASEMENT AGREEMENT FOR SOUTH POINTE ADDITION. R- ES. 95-118, p. 118, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PUBLIC WALKWAY EASEMENT AGREEMENT FOR LOTS 13, 14, AND 15, WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA. RES. 95-119, p. 119, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC WALKWAY FOR LOTS 13, 14 AND 15, WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA. RES. 95- 120, p. 120, AUTHORIZING THE ADOPTION OF THE ALLOWANCES FOR TENANT- FURNISHED UTILITIES AND OTHER SERVICES FOR THE IOWA CITY HOUSING AU- THORITY PROGRAMS. RES. 95-121, p. 121, AUTHORIZING THE ADOPTION OF THE REVISED VOUCHER PAYMENT STANDARDS FOR THE IOWA CITY HOUSING AU- THORITY VOUCHER PROGRAM. RES. 95-1 22, p. 122, AUTHORIZING EXECUTION OF AMENDATORY AGREEMENT #13 TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC HOUSING. Council Activities May 23, 1995 Page 2 Correspondence: Joyce Myer regarding garbage collection rates. Adam Rohrer regarding city parks. Ed Barker regarding Iowa City's waste water plants. Letters regarding Melrose Avenue from: Pat Birk, Barbara and James Andrews. Letter and petition signed by eleven residents from the Jefferson/Gilbert area regarding the alley between Jefferson and Market. Memoranda from the Traffic Engineer regarding: Addition to the existing parking meter zone on the south side of the 500 block of Iowa Avenue; Existing loading zone in front of 715 North Van Buren Street; Removal of parking prohibition on the north side of the 1100 block of Hollywood Boulevard. Martha C. Fieseler regarding Johnson County Seats. Applications for City Plaza Use Permits: National Organization for Women to set up a table on May 12, 1995, for the purpose of distributing literature and offering buttons and bumper stickers for donations, approved. Iowa Socialist Workers Campaign to set up atable on May 13, 1995, for the purpose of distributing campaign literature, approved. Spiritual Assembly of Baha'is to set up a table on May 18, 21, 23, and 26, 1995, for the purpose of distributing literature, approved. Applications for the Use of Streets and Public Grounds: Todd Shepherd for the use of South Governor Street between Bowery and the railroad tracks for a block party on May 29, 1995, approved. John D. Peters for the use of public streets for the Mormon Trek Commemorative Run on June 10, 1995, approved. National Multiple Sclerosis Society to use public streets for the MS 150 Bike Ride on September 24, 1995, approved. After discussion, Council agreed to converting the six foot sidewalks in the West Side Park Addition (agenda Item No. 3e(6)) to eight foot sidewalks. The City Attorney will provide an ancillary agreement for further Council consideration. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the motion carried. Rene Paine, 4347 River Bend Rd., Director of PATV noted PATV's 5th year anniversary; refranchising negotiations; and distributed copies of PATV's Annual Report. Ed Barker appeared regarding cost associated with the proposed water and wastewater treatment facilities. Elinor Maffitt appeared regarding the current SEATS service and Iowa City's paratransit proposal. Anna Buss, 525 W. Benton, appeared regarding the city's purchase of patrol bicycles for Police Department. Ed Barker noted the City Mgr. letter to Representative Jim Leach regarding social programs. 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. PCD Director Franklin present for discussion. No one appeared. Moved by Kubby, seconded by Pigott, that the ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by requiring City approval of designs for exterior stairwells and exterior corridors on multi-family residential buildings, be given first vote for consideration. Affirmative roll call vote unanimous, 6~0, Throgmorton absent. The Mayor declared the motion carried. A public hearing was held on an amendment to the Comprehensive Plan to adopt "IOWA CITY: BEYOND 2000 -- Iowa City's Vision for the Future." The following individuals appeared: Linda Carter, Johnson County Coalition for Persons with Disabilities; Tim Clancy; Nancy Ostragni, Sweetbriar Ave., Johnson County Coalition for Persons with Disabilities; Mark Brown; Derek Maurer, 328 S. Governor; George Starr, 830 Davenport St. Moved by Pigott, seconded by Kubby, to accept correspondence from: Ethel Madison; Johnson County Coalition for Persons with Disabilities. The Mayor declared the motion carried unanimously, 6/0, Throgmorton absent. Moved by Pigott, seconded by Baker, that the ordinance conditionally amending the use regulations of an approximate 1.63 acre lot located on the west side of Waterfront Drive, Council Activities May 23, 1995 Page 3 approximately 140 feet north of Stevens Drive from CC-2, Community Commercial, to Cl-1, Intensive Commercial (8oyd & Rummelhart), be given first vote for consideration. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the motion carried. Moved by Novick, seconded by Lehman, to adopt ORD. 95-3677, Bk. 38, p. 14, 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 REQUIRED AND AMEND THE PARKING AREA DESIGN STANDARDS IN THE CN-1, NEIGHBORHOOD COMMERCIAL ZONE. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the ordinance adopted. Moved by Pigott, seconded by Baker, to adopt ORD. 95-3678, Bk. 38, p. 15, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 34.21 ACRES OF LAND 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 (Windsor Ridge). Affirmative roll call vote unanimous, 6/0, Throgmorton absent. Moved by Novick, seconded by Lehman, to defer to June 6, 1995, a resolution approving the preliminary plat of East Hill Subdivision, a 36-1ot, 13.11 acre residential subdivision located at 655 Meadow Street. The Mayor declared the motion carried unanimously, 6/0, Throgmorton absent. Moved by Kubbv, seconded by Baker, to submit a letter to the Johnson County Board of Supervisors recommending approval, with conditions, of an application submitted by Alan Weinstein for a conditional use permit to allow a home business, an art gallery, for property located in Fringe Area 5 at 3800 Owl Song Lane, S.E., immediately north of lyemess Court and east of Arlington Drive. The Mayor declared the motion carried unanimously, 610, Throgmorton absent. 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. The following individuals appeared: Dick Hupfeld, 3 Mt. Vernon Ct., President of the Greater Iowa City Apartment Association; Ed Barker, Board of Directors of the Apartment Association; Anna Buss, 525 W. Benton, Property Manager, Landlord's Association, & Bd. of Appeals member; and Derek Maurer, 328 S. Governor. Housing & Inspection Services Director Boothroy; St. Housing Inspector Klinefelter; and Fire Marshal Rocca present for discussion. Moved by Novick, seconded by Pigott, that the 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, be given first vote for consideration. Council directed the City Manager to schedule further discussion of establishment of a Housing task force and development of an inspection checklist. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the motion carried. The Mayor noted the previously announced 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. The Mayor noted the current vacancies: Human Rights Comm. - One vacancy for an unexpired term ending January 1,1998. This appointment will be made at the June 27, 1995, special meeting of the City Council. Moved by Pigott, seconded by Lehman, to re-appoint Charles Traw, 411 MacBride Dr., and appoint Mark Martin, 720 S. 7thAve., and Mary McMurray, 1201 Seymour Ave., to the Board of Library Trustees to fill three vacancies for six-year terms ending July 1, 2001. Re- appoint Clara Swan, 928 N. Dodge, Karyl Larson, 714 1/2 Kimball, Gary Nagle, 18 Warwick Circle, and appoint Martin Haynes, 805 Southlawn, to the Design Review Committee to fill Council Activities May 23, 1995 Page 4 four vacancies for three-year terms ending July 1, 1998. Appoint Elizabeth McKray, 603 Brookland Park Dr., to the Broadband Telecommunications Commission to fill one vacancy for an unexpired term ending March 13, 1997. The Mayor declared the motion carried unanimously, 610, Throgmorton absent. Council Member Baker noted discussion the previous night regarding the time frame on construction and financing for the proposed water plant & wastewater treatment facility, and stated the City Manager will follow up with additional information and options. Council Member Pigott outlined his goals for the water and wastewater projects. Council Member Novick reported on a local group of people interested in an ordinance requiring bicycle helmets. Any one with information on communities with such an ordinance should contact her. Council Member Kubby stated that Ralston Creek had a red color to it and urged citizens to not dump things into the creek; suggested the Neighborhood Council evaluate the stop sign experiment conducted in three Iowa City neighborhoods; and complimented City staff on a water education program on the government access channel. Council Member Lehman reported that he also saw red water running in the gutters that was coming from a flowering tree on West Benton St. Moved by Novick, seconded by Pigott, to adopt RES. 95-123, Bk. 113, p. 123, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. The following individuals appeared: Pam Ehrhardt, Executive Committee Longfellow Neighborhood Assn., Neighborhood Council; Jeff Cholewa, 2204 Arizona, Grant Wood Neighborhood Assn. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Novick, to adopt RES. 95-124, Bk. 113, p. 124, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY96 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Affirmative roll call vote unanimous, 5~0, Baker and Throgmorton absent. The Mayor declared the motion carried. Moved by Novick, seconded by Kubby, to adopt RES. 95-125, Bk. 113, p. 125, AUTHORIZING EXECUTION OF A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE TO JOINTLY BID ON ASPHALTIC CONCRETE STREET IMPROVEMENTS. Affirmative roll call vote unanimous, 610, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Novick, to adopt RES. 95-126, Bk. 113, p. 126, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE 1995 ASPHALT RESURFACING PROJECT to L.L. Pelling Co. for $612,924.55. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Pigott, to adopt RES. 95-127, 8k. 113, p. 127, AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING REIMBURSEMENT FOR PUBLIC IMPROVEMENT OVERSIZING COSTS IN PHASE ONE OF WHISPERING MEADOWS SUBDIVISION, PART TWO. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 6~0, Throgmorton absent. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Novick, to adopt RES. 95-128, Bk. 113, p. 128, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING NATIONAL REGISTER NOMINATIONS FOR PROPOSED COLLEGE GREEN AND EAST COLLEGE STREET HISTORIC DISTRICTS. Affirmative roll call vote unanimous, 6/0, Throgmorton absent. The Mayor declared the resolution adopted. Council Activities May 23, 1995 Page 5 Moved by Kubby, seconded by Lehman, that the ordinance amending Title 14, Chapter 3, entitled "City Utilities," of the City Code by revising Article C. Entitled "Potable Water Use and Service" to provide for the use or abandonment of private wells under extraordinary circumstances within the Iowa City City limits, be given first vote for consideration. John Rummelhart appeared. Public Works Dir. Schmadeke present for discussion. Affirmative roll call vote unanimous, 6~0, Throgmorton absent. The Mayor declared the motion carried. Moved by Pigott, seconded by Kubby, to defer to June 6, 1995, an ordinance amending Title 14, Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste" of the City Code by revising residential solid waste (refuse) collection programs including recycling, bulky waste, yard waste and instituting a unit-based fee system, and to set a public hearing on the ordinance for June 6, 1995. The Mayor declared the motion carried unanimously, 610, Throgmorton absent. Moved by Novick, seconded by Pigott, 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. Affirmative roll call vote unanimous, 6/O, Throgmorton absent. The Mayor declared the motion carried. Moved by Kubby, seconded by Lehman, to adjourn 10:24 p.m. The Mayor declared the motion carried dnanimously, 6/0, Throgmorton absent. M. Horowitz, ~wayor ~ OFFICIAL COUNCIL ACTIONS - 5/8/95 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, special meeting, 6:35 p.m. at the Civic Center, Mayor Horowitz presiding, Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None, Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 7:40 p.m. The Mayor declared the motion carded. A more complete description of Council activities is on file in the office of the City Clerk. s/SUSAN M. HOROWITZ, MAYOR s/MARIAN K. KARR, CITY CLERK Sul~mitted for publication 5/11/95. -~ cc0508.nws OFFICIAL COUNCIL ACTIONS - 5/9/95 The cost of publishing the following pro- ceedings and claims is t~ . Cumula* tive cost for this calendar year for said publica- tion is $ Iowa City City Council regular meeting 7:30 p.m. at the Civic Center. Mayor Horowitz presiding, Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. The Mayor presented Citizenship Awards to students from Irving B. Weber Elementary School: Adam Kinney; Sarah Maktabi; Joanna Malott; Grant Schulte. The Mayor proclaimed School Board Mem- ber Recognition Week - May 7-13; Tourism Awareness Week - May 7-13; Iowa City Dan- delion Week - May 6-13; Drinking Water Week - May 7-13; A Day of Honor for Bethel African Methodist Episcopal Church - May 12, Dianna Penny accepting; Senior Center Week - May 14-21, Senior Center Commissioner Frieda Shannon accepting; Salvation Army Week - May 15-21; Public Works Week - May 21-27; B-BOPS Week - May 15-20; Historic Preserva- tion Week - May 14-20, Historic Preservation Commissioner Pugh accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of April 25, and the spe- cial meeting of April 24, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Corem. meeting of April 20; Historic Preservation Comm. meeting of March 14; Bd. of Appeals meeting of March 13, April 3; Bd. of Adjustment meeting of April 12. Permit Motions: Class "C" Liquor License for Fitzpatrick's, 525 S. Gilbert St. Class "C" Liquor License for Colonial Lanes, 2253 Old Highway 218 S. Outdoor Service Area for Holiday Inn Iowa City, 210 S. Dubuque St. RES. 95-98, ISSUING DANCING PERMIT. Class "C" Liquor Li- cense for Gunnerz, 123 E. Washington St. Resolutions: RES. 95-99, AUTHORIZ- ING APPLICATION FOR 1995 COMPRE- HENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP), RES. 95-100, FINDING THE NECESSITY TO INSTITUTE EMER- GENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYMENTANDACCEPT- ING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT AT GRANTWOOD DRIVE. RES. 95-101, FIND- ING THE NECESSITY TO INSTITUTE Official Actions May 9, 1995 Page 2 EMERGENCY PROCEEDINGS, AND AP- PROVING 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, FIND- ING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND AP- PROVING 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, FIND- ING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND AP- PROVING 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, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RE- LEASE OF A LIEN FOR PROPERTY LOCAT- ED 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 peti- tioners. 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 froIll the Traffic Engi- neer 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, 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, approved. Caroline Yocum for the use of public sidewalks for the Home and Family Care Walkathon on June 24, approved. American Legion Auxiliary to offer poppies for donations on public sidewalks on May Official Actions May 9, 1995 Page 3 19 and 20, approved. New Pioneer Food Co-op to close Van Buren Street from the alley to Washington Street on April 30, for the Cinco de Mayo Fiesta, approved. The Salvation Army for the use of public side- walks for Bell Ringers to commemorate National Salvation Army Week on May 17, 19 and 20, approved. American Heart Association for the use of public streets on May 20, 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, ap- proved. Brett Beemyn for the use of public streets for the Lesbian, Gay, Bisexual and Transgender Pride Parade on June 17, 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, ap- proved. Applications for City Plaza Use Per- mits: Jacqueline Gharib for permission to set up a table on April 26 and 27 for the purpose of distributing literature and offer- ing crafts for donations, approved. Doug- las Anderson for the use of the stage area for a rally in opposition to the "Contract with America" on May 6, approved. Jac- queline Gharib for permission to set up a table on May 2, 3, 11, 12 and 13 for the purpose of distributing literature and offer- ing crafts for donations, approved. The Mayor declared the motion carried. Jordan Saturen, 802 E. Washington St., appeared and urged Council to consider paint- ing curbs yellow no parking zones 20 feet back from all corners to help visibility at street intersections. Ben Kemp appeared requesting City help in addressing a personal civil rights violation. Moved and seconded to set a public hear- ing for May 23 on an amendment to the Com- prehensive Plan to adopt "IOWA CITY: BE- YOND 2000 -- Iowa City's Vision for the Fu- ture." The Mayor declared the motion carried. 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, CommuniW Commercial, to C1-1, Intensive Commercial. John Rummelhart, Jr., appeared. Moved and seconded that the ordinance amending City Code Title 14, Chapter 6, enti- tled "Zoning," Article N, entitled, "Off Streot Official Actions May 9, 1995 Page 4 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 consideration. The Mayor de- clared 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 second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 95- 3675, AMENDING THE ZONING ORDINANCE BY ESTABLISHING THE MOFFITT COTTAGE HISTORIC DISTRICT AS A HISTORIC PRESER- VATION OVERLAY ZONE. Moved and seconded to submit a letter to the Johnson County Board of Supervisors recommending approval of an application submitted by Celeste Holloway and Tom Bockenstedt to fezone 1.99 acres of a 10.6 acre tract from A1, Rural, to RS, Suburban Residential, for property located in the south- east quadrant of Rapid Creek Road NE and Lynden Heights Road NE in Fringe Area 4. The Mayor declared the motion carried. A public hearing was held on an amended 1993 Supplemental Community Development Block Grant Program Statement and Budget, Moved and seconded to adopt RES, 95- 105, AUTHORIZING AND APPROVING AN AMENDMENT TO THE SUPPLEMENTAL COM- MUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT AND BUDGET FOR THE USE OF 1993 FLOOD RELIEF FUNDS, A public hearing was held on an amended 1994 Community Development Block Grant Program Statement and Budget. Moved and seconded to adopt RES. g5- 106, AUTHORIZING AND APPROVING AN AMENDMENT TO THE COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) PROGRAM STATEMENT AND BUDGET. A public hearing was held on an ordinance amending Title 14, Chapter 5-E Entitled "Build- ing 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. Moved and seconded to continue Official Actions May 9, 199§ Page 5 the public hearing to May 23. The Mayor declared the motion carried. A public hearing was held on amending the current FY95 Budget. Moved and seconded to adopt RES. 95- 107, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1995. 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 vacan- cies for three-year terms ending July 1, 1998; Broadband TeJecomm. Comm. - One vacancy for an unexpired term ending March 13, 1997. These appointments will be made at the May 23 meeting of the City Council. The Mayor noted the current vacancies: Bd. of Adiustment - One vacancy for an unex- pired term plus a five-year term ending January 1, 2001. This appointment will be made at the June 27 special meeting of the City Council. Moved and seconded to adopt RES. 95- 108, APPROVING LOAN AGREEMENTS BE- TWEEN THE CITY OF IOWA CITY, THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, AND MOORE BUSINESS FORMS, INC. FOR · ~300,000 OF COMMUNITY ECONOMIC BET- TERMENT FUNDS TO ASSIST WITH A FACILI- TY EXPANSION, AND FOR $100,000 FROM THE CITY TO ASSIST WITH THE PURCHASE OF MACHINERY AND EQUIPMENT. Moved and seconded to adopt RES. 95- 109, RATIFYING SETTLEMENT OF PENDING LITIGATION. Moved and seconded to adopt RES. 95- 110, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LI- CENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND LEE SIGLIN FOR PLANT- INGS ON THE PUBLIC RIGHT OF WAY AT 618 NORTH GILBERT STREET, IOWA CITY, IOWA. Applicant Siglin present for discussion. Moved and seconded to adopt RES. 95- 111, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LI- CENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND IOWA CITY COFFEE COMPANY D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFE. Moved and seconded to adopt RES. 95- 112, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT BETWEEN RICE, WILLIAMS ASSOCIATES OF WASHING- Official Actions May 9, 1995 Page § TON, 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 Moved and seconded to defer to May 23, an ordinance amending Title 12, Chapter 3 Section 1 Entitled "Telephone Franchise", to adopt standards for entering franchise agree* merits to provide electronic communications services. The Mayor declared the motion car- ried. Moved and seconded that the rule requir- ing 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, AMENDING TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS" TITLE 4, CHAP- TER 5, ENTITLED "PROHIBITIONS AND RE- STRICTIONS," TITLE 10, CHAPTER 3, ENTI- TLED "COMMERCIAL USE OF SIDEWALKS", AND TITLE 10, 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. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to adopt RES. 95- 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 SIDE- WALK CAFES. Moved and seconded to adjourn 9:40 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file ig the offi~:e of the City s/SUSAN M. HOROWITZ, MAYOR ~ s/MARIAN K. KARR, CITY CLERK Submitted for publication 5/18/95. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 8, 1995 Iowa City City Council, special meeting, 6:35 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr. Council minutes tape recorded on Tape 95-60, Side 2. 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6;37 p.m. Council returned to open session 7:38 p.m. Moved by Kubby, seconded by Pigott, to adjourn the special meeting 7:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk COMPLETE 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, second3d 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- 1 OO, 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 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, 1995, 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 literature 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 "I0WA CITY: BEYOND 2000 -- Iowa City's Vision for the Future." Council complimented 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-1, 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 ESTABLISHING THE MOFFITT COTTAGE HISTORIC DISTRICT AS A HISTORIC PRESERVATION OVERLAY ZONE. Affirmative roll call vote unanimous, 7~0, 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, 8k. 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, 7/0, 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 STATEMENT AND BUDGET. PCD Director Franklin present for discussion. 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 amending Title 14, Chapter 5-E Entitled "Building and Ho~,~ng" 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 Klineloiter 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, 710, 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, 8k. 113, p. 107, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1995. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor dec~ared 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 Cornre. - Four vacancies for three-year terms ending July 1, 1998; Broadband Teleoomm. 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: 8d. 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 Sabots 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 Yamaqashi Prefecture in Japan. Council Member Throgmorton encouraged more information sharing about types of connections 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 9100,000 FROM THE CITY TO ASSIST WITH THE PURCHASE OF MACHINERY AND EQUIPMENT. 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. 95-109, 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, 6k. 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/B/A THE JAVA HOUSE FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, to adopt 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 OF WASHINGTON, D.C. AND THE CITY OF IOWA CITY, IOWA, TO PROVIDE CONSULTING SERVICES TO ASSIST THE CITY IN THE PROCESS OF FRANCHISE RENEWAL/REFRANCHISlNG FOR CABLE TV SERVICES FOR THE CITY OF IOWA CITY. Asst. City Mgr. Helling present for discussion. Affirmative roll call vote unanimous, 7~0, 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, 1995. 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 10, 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, 6/1, 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, Bk. 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 95.00 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, 710, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk