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HomeMy WebLinkAbout1995-09-26 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 26, 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, Woito, Karr, Burnside, Shank, Franklin, Fosse. Council minutes tape recorded on Tapes 95-114, Both Sides; 95-115, Side 1. The Mayor proclaimed HEAT's On Day - October 7, 1995; Special Populations Week - October 2-8, 1995; Fire Prevention Week - September 26, 1995. Firefighter Stagg accepted the proclamation and briefed Council on the county wide home fire drill scheduled October 15. 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 Council actions of the special meetings of September 11 and 20, and the regular meeting of September 12, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. meeting of August 9, 1995; Broadband Telecomre. Comm. meeting of August 28, 1995; P&Z Comm. and Riverfront & Natural Areas Comm. joint meeting of August 1 O, 1995; Airport Corem. meeting of August 10, 1995; Bd. of Library Trustees meeting of August 24, 1995, September 7, 1995; P&Z Comm. meeting of September 7, 1995; Design Review Comm. special meetings of August 21, 1995, August 30, 1 995; Historic Preservation Comm. meeting of July 11, 1995, July 25, 1995, August 8, 1995. Permit Motions: Approving a Class "C" Liquor License for Hilltop Lounge, 1100 N. Dodge St. Approving a Class "C" Liquor License for Diamond Dave's Taco Company, 1604 Sycamore St. Approving a Class "C" Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Setting public hearings: Setting a public hearing on October 10, 1995, to discuss the FY1994 Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report. Motions: Approve disbursements in the amount of $9,787,387.14 for the period of August I through August 31, 1995, as recommended by the Finance Director subject to audit. Resolutions; RES. 95-283, Bk. 114, p. 283, APPROVING THE PUBLIC HOUS- ING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY. Correspondence: Randy Dickson regarding a cultural management survey for the water plant property. Rod Lakes regarding a foreign-made back hoe. John A. Gross regarding the Bus and Shop Program rates. Melrose Ave. Neighborhood Assn. regarding the Melrose Ave. Bridge and street alternatives. City Plaza Use Permits: Josh Timreefs for permission to set up a table on September 14 and 15, 1995, for the purpose of distributing information regarding the campaign to organize graduate students, approved. Rebecca Thomas for permission to set up a table on September 23 and 29, 1995, for the purpose of distributing information regarding her church, approved. Applications for Use of Streets and Public Grounds: Downtown Association for the use of public sidewalks for Sidewalk Days, September 21 - 24, 1995, approved. Frank Howard for the use of William Street between Bradford and Wayne, on September 16, 1995, for a block party, approved. Regina High School for the use of public streets for the Regina Homecoming Parade on September 22, 1995, approved. Activities · ,r 26, 1995 Page 2 Affirmative the Derek updated Council Meeting and Public Library. inspections and the Todd Janus, article that Mormon Trek Village A public hearin the use regulations and south of Highway 12, Low Density, Mullen, representing CB thanked City Attorney seconded by Pigott, to use of Gould Street on October 8, 1995, for a block party, vote unanimous, 7~0, all Council Members present. The Mayor declared d. 328 S. Governor, Board Member of Public Access events and activities at Public Access and reminded citizer to the Board scheduled for November 17, 7:00 lupfeld, 3 Mt. Vernon Ct., appeared regarding inco~ '.e Quality Committee for Housi~ ~y Lane, apologized to Council for the Press Ci' members of the neighborhood got up as held on an ordinance amending 3pproximate 2.02 acre tract of ID-RS, Interim DevelG ily Residential (Outlot A - ~, Iopment, presented a sig~ in helping getting th the public hearing 7~0, all Council the motion carried unanimousl, Moved by Throgmorton, Chapter by changing the use re of Mormon Trek Boulevard and Residential, to OPDH-8, Planned D given second vote for consideratior Members present. The Mayor declare Moved by Pigott, seconded considered and voted on for final which it is to be finally passed be and that ORD. 95-3693, 8k. ARTICLE V, "MINOR WITH DISABILITIES IN THE F ADJACENT TO roll call vote unanimous carried. Moved by time. Affirmative roll declared the Moved by APPROVING THE JOHNSON present. Move~ resolution 11-lot con ZONE, be all Council seconded by vote unanimous. adopted. ~econded by Pigott, :Y AND FINAL IOWA. Affirmative roll call declared the resolution adc Kubby, seconded by the final plat of Kennedy',~ subdivision located south of Hi (PATV) the Annual A of the of rental Enforcement. y printed left (in protest) on the Iowa Chapter by changing east of Lakeside Drive le-Family Residential, to RM- Meadows). Atty. Chuck conditional zoning agreement and resolved. Moved by Novick, 10, 1995. The Mayor declared present. ~conded by Pi~ that the ordinance amending the Zoning ions of an )roximate 29 acre tract of land located west of Road from RS-5, Low Density Single-Family Housing Overlay (Mormon Trek Village), be matlye roll call vote unanimous, 7~0, all Council he motion carried. Novick, that the rule requiring ordinances to be le at two Council meetings prior to the meeting at the second consideration and vote be waived, p. 30, ~,MENDING CITY CODE TITLE 14, CHAPTER 6, PR£ EDURES," TO ALLOW PARKING FOR PERSONS A COMMERCIAL ZONE EVEN WHEN LOCATED ~d on for final passage at this time. Affirmative present. The Mayor declared the motion Ihat the ordinance be finally adopted at this all Council Members present. The Mayor adopt RES. 95-284, Bk. 114, p. 284, OF DONOHOE FOURTH SUBDIVISION, unanimous, 7~0, all Council Members to defer to October 10, 1995, a Addition, Part Three, a 31.23 acre, 1 between Gilbert Street and the The Mayor declared the motion carried unar 7~0, all Council Members public hearing was held on plans, specifications, form of contract and estimate of cost for construction of the Iowa City Sanitary Landfill FY91 cover and FY96 cell construction project. No one appeared. Council Activities September 26, 1995 Page 2 revised 10/10/95 Jean Lloyd-Jones for the use of Gould Street on October 8, 1995, for a block party, approved. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Derek Maurer, 328 S. Governor, Board Member of Public Access Television (PATV) updated Council on events and activities at Public Access and reminded citizens of the Annual Meeting and election to the Board scheduled for November 17, 7:00 p.m., Room A of the Public Library. Dick Hupfeld, 3 Mt. Vernon Ct., appeared regarding inconsistencies of rental inspections and the scope of the Service Quality Committee for Housing Code Enforcement. Todd Janus, 2302 Abbey Lane, stated he did not leave in protest after the vote on Mormon Trek Village, as reported in the Press Citizen. A public hearing was held on an ordinance amending the Zoning Chapter by changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM- 12, Low Density, Multi-Family Residential (Outlot A - Whispering Meadows). Atty. Chuck Mullen, representing CB Development, presented a signed conditional zoning agreement and thanked City Attorney Woito in helping getting this matter resolved. Moved by Novick. seconded by Pigott, to continue the public hearing to October 10, 1995. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Throgmorton, seconded by Pigott, that the ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay (Mormon Trek Village), be given second vote for consideration, Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Novick, tha. t 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. 95-3693, Bk. 38, p. 30, AMENDING CITY CODE TITLE 14, CHAPTER 6, ARTICLE V, "MINOR MODIFICATION PROCEDURES," TO ALLOW PARKING FOR PERSONS WITH DISABILITIES IN THE FRONT YARD OF A COMMERCIAL ZONE EVEN WHEN LOCATED ADJACENT TO A RESIDENTIAL ZONE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Kubby, 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 Baker, seconded by Pigott, to adopt RES. 95-284, Bk. 114, p. 284, APPROVING THE PRELIMINARY AND FINAL PLAT OF DONOHOE FOURTH SUBDIVISION, 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 Throgmorton, to defer to October 10, 1995, a resolution approving the final plat of Kennedy's Waterfront Addition, Part Three, a 31.23 acre, 11-lot commercial subdivision located south of Highway 1 between Gilbert Street and the Iowa River. The Mayor declared the motion carried unanimously, 7~0, all Council Members present, A public hearing was held on plans, specifications, form of contract and estimate of cost for construction of the Iowa City Sanitary Landfill FY91 cover and FY96 cell construction project. No one appeared. Council Activities September 26, 1995 Page 3 Moved by Novick, seconded by Lehman, to adopt RES. 95-285, Bk. 114, p. 285, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7~0, all Council Members prasent. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending the City Code Title 2, Human Rights Ordinance, Chapter 2, Section 2-2-2. and 2-1-1 (J). The following individuals appeared: Alison Ames Galstad, Chair Human Rights Commission; Brett Beemyn; Josh Kronick; Dawn Atkins, 1014 Hudson; Cindy Burke, 625 S. Dodge; L¥one Fein, 605 E. Burlington; and Richard Shannon, 430 E. Bloomington. Moved by Kubby, seconded by Throgmorton, to accept correspondence from: Study Group members from the United Church of Christ; Brett Beemyn. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held on the conveyance of a twenty-foot wide, vacated portion of alley right of way located east of Gilbert Court, immediately south of the Iowa Interstate Railway and immediately north of Lot 4 of Block 3, Lyon's Addition, to Bernard and Joanna Milder. No one appeared. Moved by Lehman, seconded by Novick, to adopt RES. 95-286, Bk. 114, p. 286, AUTHORIZING CONVEYANCE OF A TWENTY-FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF GILBERT COURT, IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILWAY AND IMMEDIATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION, TO BERNARD AND JOANNA MILDER. Affirmative roll call vote unanimous, 6~0, Baker absent. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Riverfront & Natural Areas Comm. - Two vacancies for three-year terms ending December 1, 1998. These appointments will be made at the October 10, 1995, meeting of the City Council. Sr. Center Comm. - Two vacancies for three-year terms ending December 31,1998. These appointments will be made at the October 24, 1995, meeting of the City Council. The Mayor noted the current vacancies: Bd. of Appeals - One vacancy for a licensed electrician for a five-year term ending December 31, 2000. Design Review Comm. - Two vacancies for unexpired terms ending July 1, 1997. Human Rights Comm. - Three vacancies for three-year terms ending January 1, 1999. P&R Comm. - Two vacancies for four-year terms ending January 1,2000. P&ZComm. - One vacancy for an unexpired term ending May 1, 1996, plus a five-year term ending May 1,2001. These appointments will be made at the November 7, 1995, meeting of the City Council. Moved by Kubby, seconded by Throgmorton, to appoint Ruedi Kuenzli, 705 S. Summit St., to the Historic Preservation Commission to fill one vacancy for a Summit Street representative for an unexpired term ending March 29, 1 998. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Council Member Lehman complimented staff for working out the agreement with CB Development, and encouraged staff and interested citizens work together on housing inspection issues raised by Dick Hupfeld during public discussion. Individual Council Members expressed their views on the membership and direction of the Service Quality Committee on Housing Code Enforcement. The City Manager will follow-up on renter representation on the Task Force. Council Member Kubby questioned the procedure for hearing additional comments form the Human Rights Commission and voting on the proposed changes to the Human Rights Ordinance in light of the fact the public hearing was closed (agenda item #8). City Atty. Woito stated another public hearing could be held the same evening as a vote on the Council Activities September 26, 1995 Page 4 ordinance if Council wished. Kubby reminded citizens of the upcoming Hospice Road Races scheduled October 29, noting she would be running for the Free Medical Clinic and Council Member Pigott for the Emma Goldman Clinic; and the City/West football game scheduled September 29. Council Member Novick raised concerns regarding the proposal from Gould Evans Associates for trees in the middle of Burlington Street. She reminded citizens of a city council candidate forum October 3. Council Member Throgmorton noted a special Council meeting scheduled Saturday morning, September 30, on affordable housing. Council Member Baker noted the recent acquisition of an electric bus in Cedar Rapids. Mayor Horowitz announced a special sesquicentennial event planned for September 28 at Terrill Mill Park re-enacting the stagecoach bringing mail to Iowa City. She reported that the Corps of Engineers informed her that the Coralville Dam study would be 100 percent federally funded, and the State would fund the feasibility study which was the portion the City was previously asked to fund. The Mayor asked Council Members to contact Congressman Leach, prior to a House vote, supporting the University modeling study. City Attorney Woito announced her daughter, Andrea Woito, was displaying her art as part of the Gallery Walk, a fund raiser for Domestic Violence Project. The exhibit will be at Iowa State Bank and Trust Bank and a reception is planned for October 6. Moved by Novick, seconded by Kubby, to adopt RES. 95-287, Bk. 114, p. 287, ACKNOWLEDGING THE CONVICTION OF SINCLAIR RETAIL FOR SALES OF ALCOHOLIC BEVERAGES TO PERSONS UNDER THE LEGAL DRINKING AGE, AND IMPOSING A 9300.00 CIVIL PENALTY TO BE PAID TO IOWA CI'~ Y. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Baker, to adopt RES. 95-288, 8k. 114, p. 288, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR USE OF CITY STREETS AS A DETOUR (I-80/I-380/Melrose Avenue). City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 6/O, Kubby absent. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, to adopt RES. 95-289, Bk. 114, p. 289, 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 HOWARD R. GREEN COMPANY OF CEDAR RAPIDS TO PROVIDE ENGINEERING CONSUL- TANT SERVICES FOR THE FIRST AVENUE IMPROVEMENTS PROJECT. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Throgmorton, seconded by Kubby, to adopt RES. 95-290, Bk. 114, p. 290, ESTABLISHING A POLICY ON DESIGNING, MODIFYING AND MAINTAINING PUBLIC STREETS TO FACILITATE BICYCLE USAGE. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7~0, all Council Members pres6nt. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, that the ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," Section 3, "Historic Preservation Commission," by increasing the required number of at large appointments to the Historic Preservation Commission, and by amending the provisions for filling vacated, unexpired terms, 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 Lehman, seconded by Baker, that the ordinance amending City Code Title 9, Chapter 1, entitled "Motor Vehicles and Traffic," Article 7, entitled "Toy Vehicles," be given first vote for consideration. Individual Council Members expressed their views. The Council Activities September 26, 1995 Page 5 Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Horowitz, Lehman, Novick, Pigott, Baker. Nays: Kubby, Throgmorton. Absent: None. Moved by Throgmorton, seconded by Lehman, to adjourn 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mar~a'~n K. Karr, City Clerk san M. Horowitz, Mayor Subject to change as finalized by the CiW Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceed- ings and claims is $ . Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 9/11/95 Iowa City City Council, special meeting, 6:30 p.m, at the Civic Center. Mayor Pro Tem Novick presiding. Council Members present: Baker, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: Horowitz. 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 7:20 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk, s/NAOMI J, NOVICK, MAYOR PRO TEM s/MARIAN K. KARR, CITY CLERK Sdbmitte~Y for [~ublication 9114/95. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceedings and claims is Cumulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 9/20/95 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 reconsider Resolution No. 95-265 directing the Johnson County Auditor to place the question of a presidential advisory ballot before the qualified electors of Iowa City, Iowa as a public measure, to be voted upon at the general city election of November 7, 1995. The Mayor declared the motion defeated. Moved and seconded to sdopt RES. 95- 282, RESCINDING RESOLUTION NO. 95-265 WHICH DIRECTED THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF A PRESIDENTIAL ADVISORY BALLOT BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA, AS A PUBLIC MEASURE TO BE VOTED ON NOVEMBER 7, 1995 ("CITYVOTE"), AS NO LONGER EXPRESSING THE WISHES OF THE CITY COUNCIL. Moved and seconded to adjourn 7:20 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. HOROWITZ, MAYOR s/MARIAN K. KARR, CiTY,CLERK ~ Submitted for publication 9120195. cc0920.nws Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceed- ings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS-9/12/95 Iowa City City Council, regular meeting, 7:30 at the Civic Center. Mayor Pro tern Novick presiding. Council Members present: Baker, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: Horowitz. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and or adopted as amended and to delete item #2e{1) a resolution approving disposition plan application for 1926/1946 Broadway Street from the consent calendar and consider as a separate item: Approval of Official Council actions of the regular meeting of August 29, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Comm. meeting of August 28; Bd. of Adjustment meeting of August 9. Permit Motions: Class "C" Liquor License for Brown Bottle Restaurant, 115 E. Washington St. Class "E" Beer Permit for Cub Foods, 855 Hwy 1 West. Class Liquor License for Cub Foods, 855 Hwy 1 West. Class "C" Beer Permit for Dan's Short Stop, Corp., 2221 Rochester Ave. Class "C" Beer Permit for T & M MiniMart, Ltd., 2601 Highway 6 East. Setting public hearings: RES. 95-267, SET-rING A PUBLIC HEARING ON AMEND- MENTS TO CITY CODE TITLE 2, "HUMAN RIGHTS" OF THE CITY CODE, AND DIRECTING THE CLERK TO PLACE SAID PROPOSED AMENDMENTS ON FILE FOR PUBLIC INSPECTION. RES. 95-268, SETTING PUBLIC HEARING, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUC- TION OF THE IOWA CITY SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 95-269, APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) BUDGET. Council Activities September 12, 1995 Page 2 RES. g5-270, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER SECTION 5307 OF THE U.S. CODE, TO BE USED FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. RES. 95- 271, ACCEPTING WORK FOR THE 1994 CURB RAMP PROJECT. Correspondence: Pamela Bleckwenn regarding door-to-door soliciting. Richard F. Houston regarding the proposed straw poll. Johnson County Department of Public Health regarding the Adult Day Program. Memorandum from the Traffic Engineer regarding parking prohibition on the west side of the 100 block of South Summit Street. Carl Beyerhelm regarding CityVote. National Voting Rights Institute regarding CityVote. Johnson County Auditor regarding placing straw poll on the ballot. City Vote regarding straw poll. Applications for Use of Streets and Public Grounds. Kathy Quigley for use of public sidewalks to offer poppies for donations to benefit veterans on September 8 and 9, approved. Iowa City Road Races, Inc., to close Linn Street between Washington and College streets on October 29 for the awards ceremony and post-race party, approved. Sue Newton for the use of the 1200 block of Ginter Avenue for a block party on September 9 with a rain date of September 10, approved. Sue Schuster for the use of Ealing Drive between Wrexham Drive and Cardiff Circle for a neighborhood party on September 4, approved. David Curry for use of a portion of Bristol Drive for a block party on September 4, approved. Johnson County Coalition for Persons with Disabilities for use of public sidewalks on September 16 for a TraveI-A-Thon, approved. Friends of the Iowa River Scenic Trail, Inc. (FIRST) for use of public streets on September 10 for a Bike & Hike, approved. Applications for City Plaza Use Permits: Rebecca Thomas for permission to set up a table on September 8 and September 15 for the purpose of distributing information about her church, approved. Billy HowelI-Sinnard for permission to set up a table on September 10 for the purpose of distributing literature regarding the Spiritual Assembly of Council Activities September 12, 1995 Page 3 Baha'is, approved. Jacqueline Gharib for permission to set up a table on September 9 and September 30 for the purpose of distributing information and soliciting donations for women's organizations in Central America, approved. The Mayor Pro tern declared the motion carried. Moved and seconded to adopt RES. 95-272, APPROVING THE DISPOSITION PLAN APPLICATION FOR 1926/1946 BROADWAY STREET. Harold Engen, Senior Center Commission Chair, updated Council on activities at the Center and invited Council to the Fourteenth Anniversary celebration on September 15th. A public hearing was held on an ordinance amending the Zoning Chapter by changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential. Chuck Mullen, representing CB Development, appeared. Moved and seconded to accept correspondence from: Carol Barker, CB Development; Mary Lewis, President of Grant Wood Neighborhood Assn. The Mayor Pro tern declared the motion carried. Moved and seconded to continue the public hearing to September 26. The Mayor Pro tern declared the motion carried. A public hearing was held on an ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay. The following individuals appeared: Lisa Heckes, Vice-President T¥'N Cae Neighborhood Assn.; Barb Standish, 2236 Abbey Lane, President Ty'N Cae Neighborhood Assn.; Sharon McDonald, Walden Woods; Matt Lofgren, 4017 El Paso Drive; Tom Pugh, 1255 Coil Dr.; Joseph McCarthy, 1213 Cambria Ct.; Tony Rash, 53 Jensen Ct., Walden Woods; Joe Sulentic, 1219 Dolen Place; Paul McDonald, Walden Woods Neighborhood Assn.; Dr. Jose Manaligod, Willow Creek Condominiums; Todd Janus, 2302 Abbey Lane; Gil Cahoon, 2435 Walden Ct.; Rod Sullivan, 1725 Wilson St.; Jong Koo Lee, 1715 Mormon Trek; Gary Watts, developer and applicant; Larry Schnittjer, MMS Consultants; Jim Spratt, 653 Latch Lane; Megann Hester, Mormon Trek Blvd. Council Activities September 12, 1995 Page 4 Moved and seconded to accept correspondence from: the Neighborhood Associations of Ty'n Cae, Walden Woods, Walden Court and Willow Creek Condominiums; Todd Janus; Christine McLennan; Karen McEwen; and Tom Pugh. The Mayor Pro Tern declared the motion carried. Moved and seconded that the ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH.8, Planned Development Housing Overlay, be given first vote for consideration. Saul Mekies appeared. The Mayor Pro tam declared the motion carried. Moved and seconded for reconsideration of the resolution adopted by this Council on August 29 which directed the County Auditor to place a straw poll upon the ballot at the election scheduled for November 7, 1995, and that reconsidaration of the resolution occur at a meeting of this Council to be held on or before 4:00 p.m. September 21, 1995, with notice as required by the Code of Iowa. Johnson County At'ty. Pat White present for discussion. Jim Spratt, 653 Lurch Lane, appeared. The Mayor Pro tam declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 95-3689, AMENDING THE ZONING ORDINANCE CHANGING THE USE REGULATIONS OF AN APPROXIMATE 3.05 ACRE TRACT OF LAND LOCATED NORTH OF AMERICAN LEGION ROAD AND WEST OF ARLINGTON DRIVE. The Mayor Pro tern declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor Pro tam declared the ordinance adopted. Moved and seconded that the ordinance amending the City Code Title 14, Chapter 6, Article V, "Minor Modification Procedures," to allow parking for persons with disabilities in the front yard of a commercial zone even when located adjacent to a residential zone, be given first vote for consideration. The Mayor Pro tern declared the motion carried. Moved and seconded to adopt ORD. 95- 3690, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN Council Activities September 12, 1995 Page 5 APPROXIMATE 250 ACRES OF CITY-OWNED PROPERTY LOCATED NORTH OF 1-80 AND WEST OF NORTH DUBUQUE STREET FROM COUNTY A1, RS, AND RS3A TO P, PUBLIC. Moved and seconded to adopt ORD. 95- 3691, AMENDING TITLE 14, CHAPTER 4, "LAND CONTROL AND DEVELOPMENT," ARTICLE C, "HISTORIC PRESERVATION REGULATIONS," AND CHAPTER 6, "ZONING," ARTICLE J, "OVERLAY ZONES" TO ALLOW THE CITY TO DESIGNATE HISTORIC LANDMARKS AND CONSERVATION DISTRICTS. Moved and seconded to adopt ORD. 95- 3892, AMENDING THE ZONING ORDINANCE BY AMENDING THE USE REGULATIONS OF AN APPROXIMATELY 103.86 ACRES, WHICH INCLUDES THE HIGHWAY 218/HIGHWAY 1 INTERCHANGE AND PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTER- CHANGE. Moved and seconded to adopt RES. 95-273, APPROVING FINAL PLAT OF DEAN OAKES FIFTH ADDITION, IOWA CITY, IOWA. A public hearing was held on an ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," Section 3, "Historic Preservation Commission," by increasing the required number of at large appointments to the Historic Preservation Commission, and by amending the provisions for filling vacated, unexpired terms. A public hearing was held on plans, specifications, form of contract and estimate of cost for construction of the Iowa River Corridor Trail, Iowa Memorial Union Bridge to Iowa Avenue Project. Lyone Fein, 605 E. Burlington St., appeared. Moved and seconded to defer indefinitely a resolution approving plans, specifications, form of contract and estimate of cost for construction of the Iowa River Corridor Trail, Iowa Memorial Union Bridge to Iowa Avenue Project, and directing City Clerk to publish notice to bidders. The Mayor Pro tern declared the motion carried. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of a production well in the Jordan Aquifer at the Water Facility Site. Council Activities September 12, 1995 Page 6 Moved and seconded to adopt RES. 95-274, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE WATER FACILITY SITE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of ground storage reservoir pump system improvements project. Moved and seconded to adopt RES. 95- 275, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on conveyance, by quit claim deed, of Ciw-owned property in Saint Matthias Addition abutting Roberts Home Town Dairy Property to Roberts Home Town Dairy. Moved and seconded to adopt RES. 95-276, AUTHORIZING CONVEYANCE, BY QUIT CLAIM DEED, OF CITY-OWNED PROPERTY IN SAINT MATI*HIAS ADDITION ABUTTING ROBERTS HOME TOWN DAIRY PROPERTY TO ROBERTS HOME TOWN DAIRY. The Mayor Pro tern noted the previously announced vacancies: Historic Preservation Comm. - One vacancy for a Summit Street representative to fill an unexpired term ending March 29, 1998. This appointment will be made at the September 26 meeting of the City Council. Riverfront and Natural Areas Comm. - Two vacancies for three-year terms ending December 1, 1998. These appointments will be made at the October 10 meeting of the City Council. The Mayor Pro tern noted the current vacancies: St. Center Comm. - Two vacancies for three-year terms ending December 31, 1998. These appointments will be made at the October 24 meeting of the City Council. Council Activities September 12, 1995 Page 7 Moved and seconded to adopt RES. 95-277, 277, RECLASSIFYING A POSITION IN THE LIBRARY. Moved and seconded to accept recommendations from the Human Rights Comm.: (1) that the Human Rights Ordinance be amended to provide the Commission with the authority to subpoena witnesses and con- duct discoven/in all cases involving al!egations of discrimination as opposed to just housing discrimination cases; (2) that the Human Rights Ordinance be amended to add to the definition of sexual orientation actual or perceived male or female heterosexuality, bisexuality, homosexuality, transsexuality, or transvestism and to include a person's attitudes, preferences, beliefs and practices pertaining thereto. The Mayor Pro tern declared the motion carried. Moved and seconded to adopt RES. 95-278, INTENT TO CONVEY A TWENTY-FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF GILBERT COURT, IMMEDIATELY SOUTH OF THE IOWA INTER- STATE RAILWAY AND IMMEDIATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION, TO BERNARD AND JOANNA MILDER, AND SETTING A PUBLIC HEARING FOR SEPTEMBER 26, 1995. Moved and seconded to adopt RES. 95-279, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE SUMMIT STREET BRIDGE REPLACEMENT PROJECT. Moved and seconded to adopt a resolution awarding contract and authorizing Mayor to sign and City Clerk to attest a contract for the construction of the 1995 Curb Ramps Project. The Mayor Pro tem declared the resolution defeated. Moved and seconded Throgmorton, to adopt RES. 95-280, AMENDING THE BUDGETED POSITIONS IN THE GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND RECREATION DEPARTMENT. Moved and seconded to adopt RES. 95-281, AMENDING RESOLUTION NO. 95-180, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CiTY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL 610, Council Activities September 12, 1995 Page 8 TO BE EFFECTIVE JULY 1, 1995, THROUGH JUNE 30, 1996. Moved and seconded to adjourn 11:55 p.m. The Mayor Pro tern declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk. s/NAOMI J. NOVlCK, MAYOR PRO TEM s/MARIAN K. KARR, CiTY CLERK Sul~mitte~for publication Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 11, 1995 Iowa City City Council, special meeting, 6:30 p.m. atthe Civic Center. Mayor Pro Tern Novick presiding. Council Members present: Baker, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: Horowitz. Staffmembers present: Atkins, Woito, Karr. Council minutes tape recorded on Tape 95-106, Side 1. Moved by Kubby, seconded by Lehman, 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 unanimgus, 6/0, Horowitz absent. The Mayor declared the motion carried and adjourned into executive session 6:35 p.m. Council returned to open session 7:15 p.m. Moved by Kubby, seconded by Throgmorton, to adjourn the special meeting 7:20 p.m. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent. Naomi J. Novick, Mayor Pro Tern Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. Clerk's Office, 356-5040. For a final official copy, contact the City COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 12, 1995 Iowa City City Council, regular meeting, 7:30 at the Civic Center. Mayor Pro tern Novick presiding. Council Members present: Baker, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: Horowitz. Staffmembers present: Atkins, Helling, Woito, Karr, Fosse, Miklo, Schmadeke, Moreno, Fosse, Craig. Council minutes tape recorded on Tapes 95-106, Side 2; 95-108, 95-109, 95-110, Both Sides. Moved by Throgmorton, seconded by Lehman, that the following items and recommendations in the Consent Calendar be received, or approved, and or adopted as amended and to delete item #2e(1) a resolution approving disposition plan application for 1926/1946 Broadway Street from the consent calendar and consider as a separate item: Approval of Official Council actions of the regular meeting of August 29, 1995, as published, subject to corrections, as recommended by the City Clerk, Minutes of Boards and Commissions: Human Rights Comm. meeting of August 28, 1995; Bd. of Adjustment meeting of August 9, 1995. Permit Motions: Approving a Class "C" Liquor License for Brown Bottle Restaurant, 115 E. Washington St. Approving a Class "E" Beer Permit for Cub Foods, 855 Hwy 1 West. Approving a Class "E" Liquor License for Cub Foods, 855 Hwy 1 West. Approving a Class "C" Beer Permit for Dan's Short Stop, Corp., 2221 Rochester Ave. Approving a Class "C" Beer Permit for T & M MiniMart, Ltd., 2601 Highway 6 East. Setting public hearings: RES. 95-267, Bk. 114, p. 267, SETTING A PUBLIC HEARING on September 26, '1995, ON AMENDMENTS TO CITY CODE TITLE 2, "HUMAN RIGHTS" OF THE CITY CODE, AND DIRECTING THE CLERK TO PLACE SAID PROPOSED AMENDMENTS ON FILE FOR PUBLIC INSPECTION. RES. 95-268, Bk. 114, p. 268, SETTING PUBLIC HEARING, for September 26, 1995, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUC- TION OF THE IOWA CITY SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 114: RES. 95-269, p. 269, APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) BUDGET. RES. 95-270, p. 270, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER SECTION 5307 (formerly Section 9) OF THE U.S. CODE, TO BE USED FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. RES. 95- 271, p. 271, ACCEPTING WORK FOR THE 1994 CURB RAMP PROJECT. Correspondence: Pamela Bleckwenn regarding door-to-door soliciting. Richard F. Houston regarding the proposed straw poll. Johnson County Department of Public Health regarding the Adult Day Program. Memorandum from the Traffic Engineer regarding parking prohibition on the west side of the 100 block of South Summit Street. Carl Beyerhelm regarding CityVote. National Voting Rights Institute regarding CityVote. Johnson County Auditor regarding placing straw poll on the ballot. City Vote regarding straw poll. Applications for Use of Streets and Public Grounds. Kathy Quigley for use of public sidewalks to offer poppies for donations to benefit veterans on September 8 and 9, 1995, approved. Iowa City Road Races, Inc., to close Linn Street between Washington and College streets on October 29, 1995, for the awards ceremony and post-race party, approved. Sue Newton for the use of the 1200 block of Ginter Avenue for a block party on September 9, 1995, with a rain date of September 1 O, approved. Council Activities September 12, 1995 Page 2 revised 9/26/95 Sue Schuster for the use of Ealing Drive between Wrexham Drive and Cardiff Circle for a neighborhood party on September 4, 1995, approved. David Curry for use of a portion of Bristol Drive for a block party on September 4, 1995, approved. Johnson County Coalition for Persons with Disabilities for use of public sidewalks on September 16, 1995, for a TraveI-A-Thon, approved. Friends of the Iowa River Scenic Trail, Inc. (FIRST) for use of public streets on September 10, 1995, for a Bike & Hike, approved. Applications for City Plaza Use Permits: Rebecca Thomas for permission to set up a table on September 8 and September 15, 1996, for the purpose of distributing information about her church, approved. Billy Howell-Sinnard for permission to set up a table on September 1 O, 1995, for the purpose of distributing literature regarding the Spiritual Assembly of Baha'is, approved. Jacqueline Gharib for permission to set up a table on September 9 and September 30, 1995, for the purpose of distributing information and soliciting donations for women's organizations in Central America, approved. Affirmative roll call vote unanimous, 610, Horowitz absent. The Mayor Pro tern declared the motion carried. Moved by Lehman, seconded by Throgmorton, to adopt RES. 95-272, Bk. 114, p. 272, APPROVING THE DISPOSITION PLAN APPLICATION FOR 1926/1946 BROADWAY STREET. Affirmative roll call, 510, Kubby abstaining, Horowitz absent. The Mayor Pro tern declared the resolution adopted. Harold Engen, Senior Center Commission Chair, updated Council on actwities at the Center and invited Council to the Fourteenth Anniversary celebration on September 15th. A public hearing was held on an ordinance amending the Zoning Chapter by changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Famdy Residential (Outlot A- Whispering Meadows). Chuck Mullen, representing CB Development, appeared. Moved by Throgmorton, seconded by Pigott, to accept correspondence from: Carol Barker, CB Development; Mary Lewis, President of Grant Wood Neighborhood Assn. The Mayor Pro tern declared the motion carried unanimously, 6/0, Horowitz absent. Moved by Kubby, seconded by P~gott, to continue the public hearing to September 26, 1995. The Mayor Pro tern declared the motion carried unanimously, 6~0, Horowitz absent. Council Member Throgmorton indicated he had rotended to make a motion with regard to the CityVote resolution at th~s time, but stated the motion and discussion should wait until later in the meeting when County Atty. White arrives. A public hearing was held on an ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay (Mormon Trek Village). The following individuals appeared: Lisa Heckes, Vice-President T¥'N Cae Neighborhood Assn.; Barb Standish, 2236 Abbey Lane, President Ty'N Cae Neighborhood Assn.; Sharon McDonald, Walden Woods; Matt Lofgren, 4017 El Paso Drive; Tom Pugh, 1255 Coil Dr.; Joseph McCarthy, 1213 Cambria Ct.; Tony Rash, 53 Jensen Ct., Walden Woods; Joe Sulentic, 1219 Dolen Place; Paul McDonald, Walden Woods Neighborhood Assn.; Dr. Jose Manaligod, Willow Creek Condominiums; Todd Janus, 2302 Abbey Lane; Gil Cahoon, 2435 Walden Ct.; Rod Sullivan, 1725 Wilson St.; Jong Koo Lee, 1715 Mormom Trek; Gary Watts, developer and applicant; Larry Schnittjer, MMS Consultants; Jim Spratt, 653 Larch Lane; Megann Hester, Mormon Trek Blvd. Senior Planner Miklo present for discussion. Moved by Pigott, seconded by Lehman, to accept correspondence from: the Neighborhood Associations of Ty'n Cae, Walden Woods, Walden Court and Willow Creek Condominiums; Todd Janus; Christine Council Activities September 12, 1995 Page 3 McLennan; Karen McEwen; and Tom Pugh. The Mayor Pro Tem declared the motion carried unanimously, 6~0, Horowitz absent. Moved by Throgmorton, seconded by Kubby, that the ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay (Mormon Trek Village), be given first vote for consideration. Individual Council Members expressed their views. Saul Mekies appeared. Affirmative roll call vote unanimous, 6~0, Horowitz absent. The Mayor Pro tem declared the motion carried. Council took a brief recess 10:15 p.m. Reconvened 10:20 p.m. Moved by Pigott, seconded by Throgmorton, for reconsideration of the resolution adopied by this Council on August 29, 1995 which directed the County Auditor to place a straw poll upon the ballot .at the election scheduled for November 7, 1995, and that reconsideration of the resolution occur at a meeting of this Council to be held on or before 4:00 p.m. September 21, 1995, with notice as required by the Code of Iowa. Individual Council Members expressed their views. Johnson County Atty. Pat White present for discussion. Jim Spratt, 653 Larch Lane, appeared. The Mayor Pro tern declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Novick, Pigott, Throgmorton. Nays: Baker. Absent: Horowitz. Moved by Kubby, 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. 95-3689, Bk. 38, p. 26, AMENDING THE ZONING ORDINANCE CHANGING THE USE REGULATIONS OF AN APPROXIMATE 3.05 ACRE TRACT OF LAND LOCATED NORTH OF AMERICAN LEGION ROAD AND WEST OF ARLINGTON DRIVE (Watts). Senior Planner Miklo present for discussion. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor Pro tem declared the motion carried. Moved by Kubby, seconded by Lehman, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor Pro tern declared the ordinance adopted. Moved by Throgmorton, seconded by Pigott, that the ordinance amending the City Code Title 14, Chapter 6, Article V, "Minor Modification Procedures," to allow parking for persons with disabilities in the front yard of a commercial zone even when located adjacent to a residential zone, be given first vote for consideration. Affirmative roll call vote unanimous, 5/0, Horowitz and Baker absent. The Mayor Pro tern declared the motion carried. Moved by Kubby, seconded by Pigott, to adopt ORD. 95-3690, Bk. 38, p. 27, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 250 ACRES OF CITY-OWNED PROPERTY LOCATED NORTH OF 1-80 AND WEST OF NORTH DUBUQUE STREET FROM COUNTY A1, RS, AND RS3A TO P. PUBLIC (Water Plant). Affirmative roll call vote unanimous, 5/0, Horowitz and Baker absent. The Mayor Pro tern declared the ordinance adopted. Moved by Pigott, seconded by Lehman, to adopt ORD. 95-3691, Bk. 38, p. 28, AMENDING TITLE 14, CHAPTER 4, "LAND CONTROL AND DEVELOPMENT," ARTICLE C, "HISTORIC PRESERVATION REGULATIONS," AND CHAPTER 6, "ZONING," ARTICLE J, "OVERLAY ZONES" TO ALLOW THE CITY TO DESIGNATE HISTORIC LANDMARKS AND CONSERVATION DISTRICTS. Affirmative roll call vote unanimous, 610, Horowitz absent. The Mayor Pro tern declared the ordinance adopted. Moved by Pigott, seconded by Kubbv, to adopt ORD. 95-3692, Bk. 38, p. 29, AMENDING THE ZONING ORDINANCE BY AMENDING THE USE REGULATIONS OF AN APPROXIMATELY 103.86 ACRES, WHICH INCLUDES THE HIGHWAY 218/HIGHWAY 1 INTERCHANGE AND PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTER- Council Activities September 12, 1995 Page 4 CHANGE (Winebrenner). Affirmative roll call vote unanimous, 6~0, Horowitz absent. The, Mayor Pro tern declared the ordinance adopted. Moved by Baker, seconded by Lehman, to adopt RES. 95-273, Bk. 114, p. 273, APPROVING FINAL PLAT OF DEAN OAKES FIFTH ADDITION, IOWA CITY, IOWA. Senior Planner Miklo present for discussion. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor Pro tern declared the resolution adopted. A public hearing was held on an ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," Section 3, "Historic Preservation Commission," by increasing the required number of at large appointments to the Historic Preservation Commission, and by amending the provisions for filling vacated, unexpired terms. No one appeared. A public hearing was held on plans, specifications, form of contract and estimate of cost for construction of the Iowa River Corridor Trail, Iowa Memorial Union Bridge to Iowa Avenue Project. Lyone Fein, 605 E. Burlington St., appeared. City Engr. Fosse present for discussion. Moved by Kubby, seconded by Pigott, to defer indefinitely a resolution approving plans, specifications, form of contract and estimate of cost for construction of the Iowa River C Corridor Trail, Iowa Memorial Union Bridge to Iowa Avenue Project, and directing City Clerk to publish notice to bidders. The Mayor Pro tern declared the motion carried, 6/0, Horowitz absent. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of a product[on well in the Jordan Aquifer at the Water Facility Site. No one appeared. Moved by Kubby, seconded by Pigott, to adopt RES. 95-274, Bk. 114, p. 274, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE WATER FACILITY SITE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS at 10:30 a.m. October 3, 1995. Affirmative roll call vote unanimous, 6~0, Horowitz absent. The Mayor Pro tem declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of ground storage reservoir pump system improvements project. Public Works Director Schmadeke present for discussion. Moved by Throgmorton, seconded by Lehman, to adopt RES. 95-275, Bk. 114, p. 275, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS at 10:30 a.m. October 3, 1995. Affirmative roll call vote unanimous, 6~0, Horowitz absent. The Mayor Pro tern declared the resolution adopted. A public hearing was held on conveyance, by quit claim deed, of City-owned property in Saint Mattbias Addition abutting Roberts Home Town Dairy Property to Roberts Home To~vn Dairy. No one appeared. Moved by Pigott, seconded byThrogmorton, to adopt RES. 95~276, Bk. 114, p. 276, AUTHORIZING CONVEYANCE, BY QUIT CLAIM DEED, OF CITY-OWNED PROPERTY IN SAINT MATTHIAS ADDITION ABUTTING ROBERTS HOME TOWN DAIRY PROPERTY TO ROBERTS HOME TOWN DAIRY. Affirmative roll call vote unanimous, 6~0, Horowitz absent. The Mayor Pro tem declared the resolution adopted. The Mayor Pro tern noted the previously announced vacancies: Historic Preservation Comm. - One vacancy for a Summit Street representative to fill an unexpired term ending Council Activities September 12, 1995 Page 5 March 29, 1998. This appointment will be made at the September 26, 1995, meeting of the City Council. Riverfront and Natural Areas Comm. - Two vacancies for three-year terms ending December 1, 1998. These appointments will be made at the October 10, 1995, meeting of the City Council. The Mayor Pro tern noted the current vacancies: Sr. Center Comm. - Two vacancies for three-year terms ending December 31, 1998. These appointments will be made at the October 24, 1995, meeting of the City Council. Council Member Kubby noted there would be a silent protest September 13 at the Court House honoring deceased bicyclist Kevin Joyce, and urging changing State law penalties for these charges. She also outlined activities planned for the Iowa Women's Music Festival September 13-16. Council Member Pigott acknowledged receipt of the Melrose Avenue Environmental Assessment Study. He informed staff of a dip in the street near Happy Hollow Park on Brown Street, and questioned repair. The City Mgr. noted it was a brick street and the street serves as a drainage but would follow up. Pigott questioned synchronized lights on Burlington Street. The City Mgr. noted it was a state highway with a great deal of pedestrian traffic as well as side friction; he will follow-up with the Traffic Engr. regarding the strategy of allowing side traffic to trigger the signal. Council Member Baker congratulated Press Citizen reporter Jon Yates on his promotion. Baker asked for an update on Iowa City being a test community for a local ordinance requiring bike helmets. Novick stated the matter had not appeared on the JCCOG agenda but thought the issue would be pursued at the state level. Mayor Pro tern Novick announced the results of the School Board election. She reminded citizens of the Annual Human Rights Awards Breakfast scheduled October 1 2, and urged people to nominate perspective award winners in the business and individual categories. Novick stated the Chamber of Commerce Annual Awards Breakfast is planned for November 15, and asked citizens to nominate leaders who have made significant contribution to the community. She acknowledged the Japanese visitors in town last week-end as part of the Midwest Japanese Conference, and along with Mayor Horowitz, thanked volunteers for all their efforts during the visit. Novick reported on the open house and rededication at the Coldren residence; invited ditizens to the Intellectual Freedom Festival at the Iowa City Public Library on September 24; and congratulated Allegra Dane on her being named 1995 Iowa Master Farm Homemaker. The City Mgr. stated a city council candidate workshop on financial issues has been scheduled for September 14. Council agreed to consider item//22 at this time. Moved by Kubby, seconded by Baker, to adopt RES. 95-277, Bk. 114, p. 277, RECLASSIFYING A POSITION IN THE LIBRARY (part- time Library Clerk to part-time Library Assistant II). Library Director Craig present for discussion. Affirmative roll call vote unanimous, 6/O, Horowitz absent. The Mayor Pro tern declared the resolution adopted. (Council returned to item //17.) Moved by Kubby, seconded by Throgmorton, to accept recommendations from the Human Rights Comm.: (1) that the Human Rights Ordinance be amended to provide the Commission with the authority to subpoena witnesses and conduct discovery in all cases involving allegations of discrimination as opposed to just housing discrimination cases; (2) that the Human Rights Ordinance be amended to add to the definition of sexual orientation actual or perceived male or female heterosexuality, bisexuality, homosexuality, transsexuality, or transvestism and to include a person's attitudes, preferences, beliefs and practices pertaining thereto. The Mayor Pro tem declared the motion carried unanimously, 6~0, Horowitz absent. Moved by Kubby, seconded by Pigott, to adopt RES. 95-278, Bk. 114, p. 278, INTENT TO CONVEY A TWENTY-FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY Council Activities September 12, 1995 Page 6 LOCATED EAST OF GILBERT COURT, IMMEDIATELY SOUTH OF, THE IOWA INTERSTATE RAILWAY AND IMMEDIATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION, TO BERNARD AND JOANNA MILDER, AND SETTING A PUBLIC HEARING FOR SEPTEMBER 26, 1995 (for $.55 a square foot for sum total of $572.00). Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor Pro tern declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 95-279, Bk. 114, p. 279, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE SUMMIT STREET BRIDGE REPLACEMENT PROJECT. City Engr. present for discussion. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor Pro tern declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt a resolution awarding contract and authorizing Mayor to sign and City Clerk to attest a contract for the construction of the 1995 Curb Ramps Project. City Engr. Fosse present for discussion. The Mayor Pro tern declared the resolution defeated, 0/6, Horowitz absent. Moved by Lehman, seconded by Throgmorton, to adopt RES. 95-280, Bk. 114, p. 280, AMENDING THE BUDGETED POSITIONS IN THE GOVERNMENT BUILDINGS DIVISION OFTHE PARKS AND RECREATION DEPARTMENT (add one part-time Custodian). Affirmative roll call vote unanimous, 610, Horowitz absent. The Mayor Pro tern declared the ~esolution adopted. Moved by Throgmorton, seconded by Kubby, to adopt RES. 95-281, Bk. 114, p. 281, AMENDING RESOLUTION NO. 95-180, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL 610, TO BE EFFECTIVE JULY 1, 1995, THROUGH JUNE 30, 1996. Affirmative roll call vote unanimous, 6~0, Horowitz absent. The Mayor Pro tern declared the resolution adopted. Moved by Pigott, seconded by Throgmorton, to adjourn 11:55 p.m. The Mayor Pro tern declared the motion carried unanimously, 6~0, Horowitz absent. Naomi J. Novick, Mayor Pro tern Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 20, 1995 Iowa City City Council, special meeting, 6:35 p.m. atthe 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 95-111, Side 1. Moved by Pigott, seconded by Throgmorton, to reconsider Resolution No. 95-265 directing the Johnson County Auditor to place the question of a presidential advisory ballot before the qualified electors of Iowa CiW, Iowa as a public measure, to be voted upon at the general city election of November 7, 1995. Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following division of roll call vote: Ayes: Horowitz, Baker. Nays: Kubby, Lehman, Throgmorton, Pigott, Novick. Absent: None. Moved by Kubby, seconded by Lehman, to adopt RES. 95-282, Bk. 114, p. 282, RESCINDING RESOLUTION NO. 95-265 WHICH DIRECTED THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF A PRESIDENTIAL ADVISORY BALLOT BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA, AS A PUBLIC MEASURE TO BE VOTED ON NOVEMBER 7, 1995 ("CITYVOTE"), AS NO LONGER EXPRESSING THE WISHES OF THE CITY COUNCIL. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Novick, Pigott, Throgmorton, Horowitz, Kubby, Lehrhan. Nays: Baker. Moved by Pigott, seconded by Throgmorton, to adjourn 7:20 p.m. The Mayor declared the motion carried unanimously, 710, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk cc0920.min