HomeMy WebLinkAbout1995-10-24 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
OCTOBER 24, 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. Staff members present: Arkins, Helling, Woito, Karr, Franklin,
Miklo, Burnside, Shaffer, Schmadeke, Davidson, Gannon, Fosse. Council minutes tape
recorded on Tapes 95-124, 95-125, and 95-126, Both Sides.
The Mayor presented the Citizenship Awards to students of Helen Lemme Elementary
School: Megan Fickel, Nathaniel Fisher, Allison Page, Tracy Vailga.
The Mayor proclaimed Pornography Awareness Week October 29-November 5,
1995, Matt Bailey, Church of Latter Day Saints accepting. Scouting for Food Week - October
21-28, 1995, Pack 210 accepting.
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:
Approval of Official Council actions of the special meeting and the regular meet-
ing of October 10, 1995, as published, subject to corrections, as recommended by the
City Clerk.
Minutes of Boards and Commissions: Airport Comm. meeting of September 14,
1995; P&Z Corem. meeting of October 5, 1995; Historic Preservation Comm. meeting
of September 19, 1995; Bd. of Library Trustees special meeting of September 19,
1995, September 28, 1995; Riverfront and Natural Areas Comm. special meeting of
August 30, 1995, September 20, 1995; Housing and Community Development Comm.
meeting of September 21, 1995.
Permit Motions: Approving a Class "C" Liquor License for La Casa, Ltd., 1200
S. Gilbert Ct. Approving a Class "C" Liquor License for The Que, 211 Iowa Ave.
Approving a Class "C" Beer Permit for Kirkwood 76 Mart, 300 Kirkwood Ave. Approv-
ing a Class "B" Beer Permit for Godfather's Pizza, 207 E. Washington St. Approving
a Class "B" Beer Permit for Godfather's Pizza, 531 Highway 1 W. Approving a Class
"C" Beer Permit for Fareway Stores, Inc., 2530 Westwinds Dr. Approving a Class "E"
Beer Permit for ExpresStop, 2545 N. Dodge St. Approving a Class "E" Beer Permit for
QuikTrip //548, 955 Mormon Trek. RES. 95-300, Bk. 114, p. 300, ISSUE DANCING
PERMIT.
Motions: Approve disbursements in the amount of $12,424,182.84 for the
period of September 1 through September 30, 1995, as recommended by the Finance
Director subject to audit. Accept Abstract of Votes for the Iowa City Primary Election
held on October 10, 1995.
Resolutions, Bk. 114: RES. 95-301, p. 301, ACCEPTING THE WORK FOR THE
FY95 ASPHALT RESURFACING PROJECT. RES. 95-302, p. 302, ACCEPTING THE
WORK FOR THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2. RES. 95-
303, p. 303, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION FOR PROPERTY LOCATED AT
918 E. BLOOMINGTON STREET. RES. 95-304, p. 304, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OFALIEN FOR PROPERTY
LOCATED AT 712 IOWA AVENUE, IOWA CITY, IOWA. RES. 95-305, p. 305,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF A LIEN FOR PROPERTY LOCATED AT 632 RENO STREET, IOWA CITY,
IOWA. RES. 95-306, p. 306, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
Council Activities
October 24, 1995
Page 2
CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 820
HUDSON AVENUE, IOWA CITY, IOWA. RES. 951307, p. 307, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR
PROPERTY LOCATED AT 1908 F STREET, IOWA CITY, IOWA.
Correspondence: Wanda Evans regarding amendment to Human Rights
Ordinance. Don Swanson, Mayor of University Heights, regarding the Melrose Project.
Free Medical Clinic expressing appreciation for the Council's support. Nine residents
of Ecumenical Towers regarding high temperatures in apartments. Memorandum from
the Purchasing Division regarding notice of the purchase of equipment ~ five transit
coaches. The following political subdivisions have been contacted: City of Coralville;
Johnson County Board of _Sy~p~ervisors; Iowa City Community School District. .~-~t-~,~:
Dick Hupfeld, President~'~'~'~ity Area Apartment Association regarding housing code
enforcement activities. Robert Burns regarding Rezoning Application No. REZ95-0010
Saratoga Springs, Dubuque Rd.
Applications for City Plaza Use Permits: Johnson County I-Club for the use of
the fountain area for a Pep Rally on October 19, 1995, approved. Rebecca Thomas for
permission to set up a table on October 20 and 27, 1995, for the purpose of distribut-
ing literature regarding her church, approved. Domestic Violence Intervention Program
for the use of the stage area on October 10, 1995, for the "Clothesline Project,
approved.
Application for the Use of Streets and Public Grounds: Cecile Kuenzli for the use
of a portion of Seymour Street for the Longfellow Neighborhood Association meeting
and potluck on October 15, 1995, approved.
Affirmative roll call vote unanimous, 6~0, Baker absent. The Mayor declared the motion
carried.
Bruce Glasgow, 834 N. Johnson, appeared regarding the denial by the Bd. of
Adjustment for a restaurant on Scott Court (Streit/MidTown). John Murphy, Downtown
Association, read a letter from John Gross requesting a reduction of the Bus & Shop
reimbursement rate. After discussion Council directed staff to lower the rate to $.35 for one
year. Murphy thanked the Council for their help with the Friday Night Concert Series and
acknowledged Steve Atkins, Dale Helling, Joyce Carroll, and Lorraine Saeger for helping with
various permits throughout the year. Eric Neubauer, 1512 Burge Hall, and Neil Whitacre,
appeared urging Council to not ban skateboarding in the downtown area. The City Attorney
noted the item was scheduled later on the agenda.
A public hearing was held on an ordinance amending the Zoning Chapter by adopting
a Sensitive Areas Ordinance to regulate development on properties containing environmentally
sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric
soils, prairie remnants and archaeological sites. The following individuals appeared: Tom
Scott, Sensitive Areas Committee and Chair of P & Z Commission, 419 E. Fairchild; Richard
(Sandy) Rhodes, Sensitive Areas Committee, 2014 Rochester; William Knabe, Weeher
Harlocke Neighborhood Assn., 1101 Weeher Circle; Larry Wilson, Riverfront & Natural Areas
Commission, 308 Koser; John Moreland, Jr., Sensitive Areas Committee, 2602 Rochester;
Carol Thompson, Technical Advisory Committee for P & Z Commission, 1116 Muscatine;
Larry Schnittjer, MMS Consultants, 1917 S. Gilbert; Richard Hollis, 3351 Lower W. Branch
Rd.; Jim Walters, 2511 Hw¥. 1 SW; George Starr, Sensitive Areas Committee and P & Z
Commission, 830 Davenport. Moved by Kubby, seconded by Lehman, to continue the public
hearing to November 7, 1995, with first consideration of the ordinance to be placed on the
agenda at the same meeting. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Council Activities
October 24, 1995
Page 3
Moved by Novick, seconded by Kubby, that the ordinance amending the Zoning
Chapter by conditionally 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), 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 Kubby, to defer to November 7, 1995, final plat
approval of Kennedy's Waterfront Addition, Part Three. The Mayor declared the motion carried
unanimously, 7~0, all Council Members present.
Moved by Pigott, seconded by Novick, to adopt RES. 95-308, 8k. 114, p. 308, FINAL
PLAT APPROVAL OF EAST HILL SUBDIVISION, IOWA CITY, IOWA. Affirmative roll call vote
unanimous, 6~0, Baker absent. The Mayor declared the resolution adopted.
Moved by Throgmorton, seconded by Pigott, to defer to November 7, 1995, a
resolution for approval of the preliminary and final plats of Windsor Ridge - Part Six, a
resubdivision of Tract "A," Windsor Ridge - Part One, and Outlot "A," Windsor Ridge - Part
Three. The Mayor declared the motion carried unanimously, 6~0, Baker absent.
Moved by Pigott, seconded by Throgmorton, to combine a public hearing on a
proposed Franchise Agreement between the City of Iowa City and Cablevision VII, Inc. and
a public hearing on an ordinance amending Title Xll, entitled "Franchises" of the Code of
Ordinances of the City of Iowa City, to repeal Chapter 4 and to adopt a new Chapter 4 to be
known as "Cable Television Franchise Enabling Ordinance". The Mayor declared the motion
carried unanimously, 7~0, all Council Members present. The following individuals appeared:
Stephen Cree, 719 N. Johnson; Lori Riley, 2022 Davis; Betty McKray, Broadband Telecommu-
nications Commission, 603 Brookland Park; Doug Aliaire, Chair of PATV, 233 Highland; Bob
Soldofsky, 229 Lowell; Steve Wurtzler, Board of Directors PATV, 706 E. College; Barbara
Black, Iowa City Public Library, 123 S. Linn; Susan Rogusky, Senior Center Volunteer
Specialist; Vicky Grube, 117 Richards; Jim Larew; Joe Tye; Trey Stevens, former Broadband
Telecommunications Commission; Steve Hoch, Broadband Telecommunications Commission,
830 Evergreen; and Rob Lewis. Asst. City Mgr. Helling, Asst. City Atty. Burnside and Cable
Television Specialist Shaffer present for discussion. Moved by Kubby, seconded by
Throgmorton, to accept correspondence from: Dale Bingham; Bob Welsh; Carol Spaziani, Bob
Soldofsky and John McDonald; Rusty Martin; Linda Yanney; J.V. Martin; Criss Gilbert;
Regenia Bailey. The Mayor declared the motion carried unanimously, 7~0, all Council Members
present.
A public hearing was held on the conveyance of two single-family ~esidential dwellings
located at 3331 Dubuque Street and 3337 Dubuque Street, Iowa City, Iowa, by a sealed
bidding process. No one appeared.
Moved by Novick, seconded by Pigott, to adopt RES. 95-309, Bk. 114, p. 309,
AUTHORIZING CONVEYANCE OF SINGLE FAMILY DWELLINGS, STREET ADDRESS OF 3331
DUBUQUE STREET AND/OR 3337 DUBUQUE STREET, IOWA CITY, IOWA, TO SUCCESSFUL
BIDDERS DETERMINED AT THE BID OPENING OCTOBER 24, 1995. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on the Melrose Avenue Street and Bridge Reconstruction
Project. The following individuals appeared: Michaelanne Widness, Melrose Avenu9
Neighborhood Assn., 629 Melrose; Gregg Geerdes, 3 Oak Park; George Haskell, 223 Lucon;
Betty McKray, 603 Brook Park; D. N. McCIoskey, 320 Melrose; Nancy Dejmal, 223 Lucon;
Shelton Stromquist, 316 Myrtle; Eric Anderson, 8 Arbury; Jack Widness, 629 Melrose; and
Dick Gibson, Director of Planning & Administrative Services, University of Iowa. City Engr.
Rick Fosse present for discussion. Moved by Pigott, seconded by Kubby, to accept
Council Activities
October 24, 1995
Page 4
correspondence from: Michaelanne Widness; Jack Widness. 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 Contract 1 of the Wastewater Treatment Connection Project, also known as the
South River Corridor Interceptor and Relief Sewers Project. The following individuals appeared:
Aleda Feuerbach, 5 Princeton; Arie Kroeze; and David Dawes, representing the Pepperwood
Neighborhood Assn., 1055 Briar. PW Director Schmadeke present for discussion.
Moved by Throgmorton, seconded by Baker, to adopt RES. 95~310, Bk. 114, p. 310,
APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR CONTRACT I OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO
KNOWN AS THE SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS 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 present. The
Mayor declared the resolution adopted.
The Mayor noted the previously announced 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 Commission
- Three vacancies for three-year terms ending January 1,1999; P&R Comm. - Two vacancies
for four-year terms ending January 1,2000; P&Z Comm. - 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 Lehman, to appoint Philip Zell, 2126 Plaen View Dr.,
and to re-advertise the second vacancy to the Senior Center Commission for three-year terms
ending December 31, 1998. The Mayor declared the motion carried unanimously, 7~0, all
Council Members present.
Council Member Lehman noted the 25th wedding anniversary of Mayor Horowitz and
her husband Joel.
Council Member Kubb¥ noted Council discussion the previous evening regarding the
Robert Burns project (Saratoga Springs). In response to Kubby, the City Atty. suggested a
motion be made concerning Saratoga Springs. Moved by Kubby, seconded by Novick, to send
back to P & Z the ~etter from Robert Burns dated October 20, 1995, and ask that a
recommendation be forwarded to Council as soon as possible on the Saratoga Spdngs project.
Kubby reminded citizens of a meeting November 1 at SE Junior High concerning the location
of a Hy-Vee store on the corner of Muscatine and First Avenue (former Eagle's site), noting
Council Member Baker would be attending.
Council Member Novick noted a meeting October 26 to discuss the possible Crandic
Railroad transportation between Cedar Rapids and Iowa City. She also said a video will be
shown on the government channel explaining the federal deficit and what it might take to
balance the federal budget in the next 10-20 years, watch the newspapers for times.
Council Member Throgmorton pointed out the letter from Dick Hupfeld and the Greater
Iowa City Area Apartment Assn. and questioned scheduling a Council work session to discuss
the items. The City Manager stated the letter had been referred to the Housing Code task
force.
Council Member Baker requested Council discuss scheduling a joint meeting with the
University of Iowa Student Senate.
Mayor Horowitz stated she had received a reply from incoming University of ~owa
President Mary Sue Coleman saying she was looking forward to her arrival in Iowa City. She
reminded everyone of the Hospice Road Races scheduled Sunday, and noted the Johnson
County Heritage Museum would no longer be charging an admission fee.
Council Activities
October 24, 1995
Page 5
City Arty. Woito reminded Council she would be attending the Environmental Law
Seminar.
Moved by Kubby, seconded by Throgmorton, to accept a recommendation of the
Housing and Community Development Commission that the budget amendment to the
Supplemental CDBG Budget (Flood Allocation #2) be approved. The Mayor declared the
motion carried unanimously, 7~0, all Council Members present.
Moved by Novick, seconded by Baker, to defer indefinitely a resolution approving and
authorizing execution of an agreement for the temporary use of the E. Washington Street
right-of-way between the City of Iowa City and M.C. Ginsberg Jewelers, Inc. The Mayor
declared the motion carried unanimously, 7101, all Council Members present.
Moved by Throgmorton, seconded by Pigott, to adopt RES, 95-311, Bk. 114, p. 311,
AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST
CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY SANITARY LANDFILL FY91
COVER AND FY96 CELL CONSTRUCTION PROJECT to McAninch Construction for
$1,132,764.00. 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. 95-312, Bk. 114, p. 312,
AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1994 SUPPLEMENTAL
COMMUNITY DEVELOPMENT BLOCK GRANT (A.K.A. FLOOD #2) PROGRAM BUDGET.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Novick, seconded by Throgmorton, to adopt RES. 95-31 3, Bk. 114, p. 313,
ADOPTING THE CITY OF IOWA CITY COMPREHENSIVE HOUSING AFFORDABILITY STRATE-
GY (CHAS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1994, AND AUTHORIZING
THE CITY MANAGER TO SUBMIT SAID REPORT TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT. Affirmative roll call vote unanimous, 7~0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Pigott, seconded by Novick, to adopt ORD. 95-3695, Bk. 38, p. 32,
AMENDING TITLE 14, CHAPTER 4, "LAND CONTROL AND DEVELOPMENT," ARTICLE C,
"HISTORIC PRESERVATION REGULATIONS," SECTION 3, "HISTORIC PRESERVATION
COMMISSION," BY AMENDING THE MEMBERSHIP RULES OF THE HISTORIC PRESERVATION
COMMISSION. Affirmative roll call vote unanimous, 7~0, all Council Members present. The
Mayor declared the ordinance adopted.
Moved by Lehman, seconded by Novick, to adopt RES. 95-314, Bk. 114, p. 314,
AMENDING THE BY-LAWS OF THE IOWA CITY HISTORIC PRESERVATION COMMISSION BY
AMENDING THE PROVISIONS FOR FILLING VACATED, UNEXPIRED TERMS. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Baker, seconded by Novick, to adopt an ordinance amending City Code Title
9, Chapter 1, entitled "Motor Vehicles and Traffic," Article 7, entitled "Toy Vehicles." The
following individuals appeared: Eric Neubauer, 1512 Burge Hall, and John Castelloe, 429 N.
Gilbert, regarding his letter. After discussion, moved by Kubby, seconded by "rhrogmorton,
to defer the ordinance to November 21, 1995. The Mayor declared the motion carried, 6/1,
with Lehman voting "Nay."
Moved by Kubby, seconded by Baker, that the ordinance amending Title 2, "Human
Rights," City Code" by amending the subpoena power of the Human Rights Commission, by
adding the definition of Gender Identity, and by adding Gender Identity as a protected class,
be given second vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council
Members present. The Mayor declared the motion carried.
Council Activities
October 24, 1995
Page 6
Moved by Throgmorton, seconded by Kubby, to adjourn 12:15 a.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Karr, City Clerk
orowltz, Mayor
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 - 10/10/95
Iowa City City E~k~k., special meeting, 6:30
p.m. at the Civic Center. Mayor Horowitz
presiding. Council Members present: Horowitz,
Kubby, Lehman, Novick, Pigott, Throgmorton.
Absent: Baker.
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 7:30 p.m. The Mayor declared
the motion carried.
A more complete description of Council
activities is on file in the office of the City
s/MARIAN K. KARR, ,(~ITY, (~LERK ~
Submitted for publication 10/18/95
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 - 10/10/95
Iowa City City Council, regular meeting,
7:30 p.m. at the Civic Center. Mayor Horowitz
presiding. Council Members present: Baker,
Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton. Absent: None.
The Mayor presented the Citizenship
Awards to students of Hoover Elementary
School: Scott Houghton, Chris Richey, Mikaila
Teale.
The Mayor proclaimed Domestic Violence
Awareness Month - October; Pastoral Care
Week - October 23-29; World Food Day -
October 16.
Moved and seconded that the following
items and recommendations in the Consent
Calendar be received, or approved, and/or
adopted as amended:
Approval of Official Council actions of
the regular meeting of September 26, as
published, subject to corrections, as rec-
ommended by the City Clerk.
Minutes of Boards and Commissions:
P&R Comm. meeting of September 13;
P&Z Comm. meeting of September 21;
Bd. of Adjustment meeting of September
13.
Permit Motions: Class "C" Beer Permit
for Millermart, Inc. 2303 Muscatine Ave.
Class "C" Beer Permit for DellMart //1,
525 Hwy 1 West. Class "C" Beer Permit
for Mini Mart, 731 S. Riverside Dr. RES.
95-291, ISSUE CIGARETTE PERMIT.
Special Class C Liquor for Denan Thai, 21
Sturgis Corner Dr.
Setting public hearings: Setting a
public hearing for October 24 on the
Melrose Avenue Street and Bridge Recon-
struction Project. RES. 95-292, SETTING
PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT AND ESTI-
MATE OF COST FOR CONTRACT 1
SOUTH RIVER CORRIDOR INTERCEPTOR
AND RELIEF SEWERS PROJECT, DIRECT-
ING THE CITY CLERK TO PUBLISH NO-
TICE OF SAID HEARING, AND DIRECTING
THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
Setting a public hearing on October 2.4 to
be held jointly with the Broadband Tale-
Official Actions
October 10, 1995
Page 2
communications Commission, on a pro-
posed Franchise Agreement Between the
City of Iowa City and Cablevision VII, Inc.
Setting a public hearing on October 24 to
be held jointly with the Broadband Tele-
communications Commission, on an ordi-
nance amending Title XII, Entitled "Fran-
chises" of the Code of Ordinance of the
City of Iowa Citv, to repeal Chapter 4 and
to adopt a new Chapter 4 to be known as
"Cable Televisio;1 Franchise Enabling Ordi-
nance".
Resolutions: RES. 95-293, AUTHO-
RIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST THE RELEASE
OF A LIEN FOR PROPERTY LOCATED AT
322 E. BLOOMINGTON STREET, IOWA
CITY, IOWA. RES. 95-294, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE RELEASE OF A
LIEN FOR PROPERTY LOCATED AT 420
N. GILBERT STREET. IOWA CITY, IOWA.
RES. 95-295, APPROVING COMPREHEN-
SIVE IMPROVEMENTS ASSISTANCE
PROGRAM (CLAP) AMENDMENT //16 TO
THE CONSOLIDATED ANNUAL CONTRI-
BUTIONS CONTRACT KC-9166. RES. 95-
296, AUTHORIZING AND APPROVING AN
AMENDMENTTO THE 1994 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM AND BUDGET.
Correspondence: Bernard and JoAnna
Milder requesting expedited action in the
sale of alley property. Charles and Doris
Lisle expressing appreciation for city
staff's work on the Rohret Road improve-
ment project. Thomas Summy regarding
the request of Midtown Restaurant to
locate near the Scott Boulevard and Court
Street intersection. Miller/Orchard Neigh-
borhood Association regarding affordable
housing. Charles Traw, President of Li-
brary Bd. of Trustees, regarding update on
the Library expansion.
Applications for City Plaza Use Per-
mits: Iowa Socialist Workers Campaign for
permission to set up a table on September
30 for the purpose of offering papers and
pamphlets for donations, approved.
The Mayor declared the motion carried.
Terri Miller, Senior Center Commissioner,
briefed Council on the activities of the Center.
Joan Hart, 328 E. Jefferson St., appeared
regarding the traffic flow in the 300 block of
Official Actions
October 10, 1995
Page 3
East Jefferson, requesting the alley be desig-
nated one way.
Moved and seconded to set a public hear-
ing for October 24 on an ordinance amending
the Zoning Chapter by adopting a Sensitive
Areas Ordinance to regulate development on
properties containing environmentally sensitive
features, including wetlands, stream corridors,
steep slopes, wooded areas, hydric soils, prairie
remnants and archaeological sites. The Mayor
declared the motion carried.
A public hearing was held on an ordinance
amending the Zoning Chapter by conditionally
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 Residen-
tial.
Moved and seconded that the ordinance
amending the Zoning Chapter by conditionally
changing the use regulations on an approximate
2,02 acre tract of land located east of Lakeside
Dr. and south of Highway 6 from ID-RS Interim
Development Single-Family Residential, to RM-
12, Low Density, Multi-Family Residential, be
given first vote for consideration. The Mayor
declared the motion carried.
Moved and seconded to adopt ORD. 95-
3694, AMENDING THE ZONING ORDINANCE
BY CONDITIONALLY CHANGING THE USE
REGULATIONS OF 30 ACRES OF LAND LO-
CATED WEST OF MORMON TREK BOULE-
VARD AND SOUTH OF ROHRET ROAD FROM
RS-5, LOW DENSITY SINGLE-FAMILY, TO
OPDH-8, PLANNED DEVELOPMENT HOUSING
OVERLAY.
Moved and seconded to defer to October
24 a resolution for final plat approval of
Kennedy's Waterfront Addition, Part three. The
Mayor declared the motion carried. Moved and
seconded to accept correspondence from:
Charles Mullen, attorney for Southgate Devel-
opment Co. The Mayor declared the motion
carried.
A public hearing was held on the City's
Comprehensive Housing Affordability Strategy
Annual Performance Report for Fiscal Year
1994.
The Mayor noted the previously
announced vacancies: St. Center Comm. - Two
vacancies for three-year terms ending Decem-
ber 31, 1998. These appointments will be
made at the October 24 meeting of the City
Council. 8d. of Appeals - One vacancy for a
Official Actions
October 10, 1995
Page 4
licensed electrician for a five-year term ending
December 31, 2000. Design Review Corem. -
Two vacancies for unexpired terms ending July
1, 1997. Human Rights Comm. - Three vacan-
cies for three-year terms ending January 1,
1999. P&R Comm. - Two vacancies for four-
year terms ending January 1, 2000. P&Z
Comm. - 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 meeting of the
City Council.
Moved and seconded to re-appoint Richard
Hoppin, 428 Lee St. and Jessica Neary, 715 N.
Linn 83, to the Riverfront and Natural Areas
Commission to fill two vacancies for three-year
terms ending December 1, 1998. The Mayor
declared the motion carried.
Moved and seconded to adopt RES. 95-
297. APPROVING A JOINT AGREEMENT OF
COMMUNICATION AND COOPERATION WITH
RESPECT TO ALLOCATION AND DIVISION OF
PROPERTY TAXES FOR INDUSTRIAL NEW
JOBS TRAINING PROGRAMS.
Moved and seconded to adopt RES. 95-
298, AWARDING CONTRACT AND AUTHORIZ-
ING MAYOR TO SIGN AND CITY CLERK TO
ATTEST CONTRACT FOR THE CONSTRUC-
TION OF A PRODUCTION WELL IN THE JOR-
DAN AQUIFER AT THE WATER SUPPLY AND
TREATMENT FACILITY SITE.
Moved and seconded to consider a resolu-
tion awarding contract and authorizing Mayor
to sign and City Clerk to attest contract for the
construction of the Ground Storage Reservoir
Pump System Improvements. The Mayor de-
clared the resolution defeated.
Moved and seconded to adopt RES. 95-
299, INTENT TO CONVEY TWO SINGLE-FAMI-
LY RESIDENTIAL DWELLINGS, STREET AD-
DRESSOF 3331 DUBUQUE STREET AND 3337
DUBUQUE STREET, IOWA CITY, IOWA, BY A
SEALED BIDDING PROCESS, AND SETTING A
PUBLIC HEARING FOR OCTOBER 24, 1995.
Moved and seconded that the ordinance
amending Title 14, Chapter 4, "Land Control
and Development," Article C, "Historic Preser-
vation Regulations," Section 3, "Historic Pres-
ervation Commission," by increasing the re-
quired number of at large appointments to the
Historic Preservation Commission, and by
amending the provisions for filling vacated,
unexpired terms, be given second vote for
consideration. The Mayor declared the motion
carried.
Official Actions
October 10, 1995
Page 5
Moved and seconded that ordinance
amending City Code Title 9, Chapter 1, entitled
"Motor Vehicles and Traffic," Article 7, enti-
tled "Toy Vehicles," be given second vote for
consideration. Moved and seconded to amend
the ordinance by deleting parking lots from the
definition of roadway. The Mayor declared the
motion defeated. Moved and seconded to defer
second consideration of the ordinance to allow
staff time to review the issue of where skate-
boards, rollerblades and other toy vehicles are
allowed. The Mayor declared the motion de-
feated. The Mayor declared the motion on
second consideration of the ordinance carried,
with an understanding that staff review areas
in which toy vehicles are permitted.
Moved and seconded that the ordinance
amending Title 2, "Human Rights," City Code,
by amending the subpoena power of the Hu-
man Rights Commission, by adding the defini-
tion of Gender Identity, and by adding Gender
Identity as a protected class, be given first vote
for consideration. The Mayor declared the
motion carried.
Moved and seconded to adjourn 8:50 p.m.
The Mayor declared the motion carried.
A more complete description of Council
activities,is on file in the office of th~ City
C le r k. )~,~,,c~g.~'~,
s/SUSAN M. HOROWITZ, MAYO~
s/MARIAN K.. KARR, CI Y CL RK
Submitted for publication 10/19/95
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356~5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 10, 1995
Iowa City City g~e~l~, special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz
presiding. Council Members present: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton.
Absent: Baker. Staff members present: Arkins, Helling, Woito, Karr, Holecek. Council minutes
tape recorded on Tapes 95-121, Side 1.
Moved by Pigott, 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, 6/0, Baker absent.
The Mayor declared the motion carried and adjourned into executive session 6:37 p.m.
Council returned- to open session 7:28 p.m.
Moved by Pigott, seconded by Kubby, to adjourn the special meeting 7:30 p.m. The
Mayor declared the motion carried unanimously, 6/0, Baker absent.
Susan M. Horowitz, Mayor
Marian K. Kerr, CiW Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 10, 1995
Iowa City City Council, regular meeting, 7:30 p.m. atthe Civic Center. Mayor Horowitz
presiding. Council Members present: Baker (7:38 p.m.), Horowitz, Kubby, Lehman, Novick,
Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr,
Shank, Miklo, Nasby, Schmadeke, Schoon, Moreno. Council minutes tape recorded on Tapes
95-121, both sides.
The Mayor reminded everyone to vote in the City Council Primary and that polls were
open until 8:00 p.m. She also welcomed his Honor Hamidou KAMIDOR Njimoluh, Minister
Plenipotentiary and Diplomatic Counselor from Careercon; and members of a University of
Iowa Journalism Class.
The Mayor presented the Citizenship Awards to students of Hoover Elementary School:
Scott Houghton, Chris Richey, Mikaila Teale.
The Mayor proclaimed Domestic Violence Awareness Month - October 1995; Pastoral
Care Week - October 23-29, 1995; World Food Day - October 16, 1995.
Moved by Pigott, seconded by Throgmorton, that the following items and recommenda-
tions in the Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Official Council actions of the regular meeting of September 26,
1995, as published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: P&R Comm. meeting of September 13,
1995; P&Z Comm. meeting of September 21, 1995; Bd. of Adjustment meeting of
September 13, 1995.
Permit Motions: Approving a Class "C" Beer Permit for Millermart, Inc. 2303
Muscatine Ave. Approving a Class "C" Beer Permit for DeliMart//1,525 Hwy 1 West.
Approvin~ a Class "C" Beer Permit for Mini Mart, 731 S. Riverside Dr. RES. 95-291,
Bk. 114, p. 291, ISSUE CIGARETTE PERMIT. Approving a Special Class C Liquor for
Denan Thai, 21 Sturgis Corner Dr.
Setting public hearings: Setting a public he~ring for October 24. 1995, on the
Melrose Avenue Street and Bridge Reconstruction Project. RES. 95-292, Bk. 114, p.
292, SETTING PUBLIC HEARING for October 24, 1995, ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR CONTRACT I - SOUTH RIVER
CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT, DIRECTING THE CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Setting a public
hearing on October 24, 1995, to be held jointly with the Broadband Telecommunica-
tions Commission, on a proposed Franchise Agreement Between the City of Iowa City
and Cablevision VII, Inc. Setting a public hearing on October 24, 1995, to be held
jointly with the Broadband Telecommunications Commission, on an ordinance
amending Title Xll, Entitled "Franchises" of the Code of Ordinance of the City of Iowa
City, to repeal Chapter 4 and to adopt a new Chapter 4 to be known as "Cable
Television Franchise Enabling Ordinance".
Resolutions, Bk. 114: RES. 95-293, p. 293, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY
LOCATED AT 322 E. BLOOMINGTON STREET, IOWA CITY, IOWA. RES. 95-294, p.
294, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF A LIEN FOR PROPERTY LOCATED AT 420 N. GILBERT STREET, IOWA
CITY, IOWA. RES. 95-295, p. 295, APPROVING COMPREHENSIVE IMPROVEMENTS
ASSISTANCE PROGRAM (CLAP) AMENDMENT #16TO THE CONSOLIDATED ANNUAL
Council Activities
Iowa City City Council
October 10, 1995
Page 2
CONTRIBUTIONS CONTRACT KC-9166. RES. 95-296, p. 296, AUTHORIZING AND
APPROVING AN AMENDMENT TO THE 1994 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM AND BUDGET.
Correspondence: Bernard and JoAnna Milder requesting expedited action in the
sale of alley property. Charles and Doris Lisle expressing appreciation for city staff's
work on the Rohret Road improvement project. Thomas Summy regarding the request
of Midtown Restaurant to locate near the Scott Boulevard and Court Street intersec-
tion. Miller/Orchard Neighborhood Association regarding affordable housing. Charles
Traw, President of Library Bd. of Trustees, regarding update on the Library expansion.
Applications for City Plaza Use Permits: Iowa Socialist Workers Campaign for
permission to set up a table on September 30, 1995, for the purpose of offering
papers and pamphlets for donations, approved.
City Mgr. Atkins noted the setting of a public hearing for the South River Corridor Interceptor
and Relief Sewers Project, noting no response had been received from DNR on the City's
revised schedule. Affirmative roll call vote unanimous, 7~0, all Council Members present. The
Mayor declared the motion carried.
Terri Miller, Senior Center Commissioner, briefed Council on the activities of the
Center. Mayor Horowitz thanked staff and the Commission for all their efforts on the closing
ceremonies on the Commemorative Year of World War II. Joan Hart, 328 E. Jefferson St.,
appeared regarding the traffic flow in the 300 block of East Jefferson, requesting the alley be
designated one way. Staff will follow-up.
Moved by Pigott, seconded by Lehman, to set a public hearing for October 24, 1995
on an ordinance amending the Zoning Chapter by adopting a Sensitive Areas Ordinance to
regulate development on properties containing environmentally sensitive features, including
wetlands, stream corridors, steep slopes, wooded areas, hydric soils, prairie remnants and
archaeological sites. St. Planner Miklo present for discussion. The Mayor declared the motion
carried unanimously, 7~0, all Council Members present.
A public hearing was held on an ordinance amending the Zoning Chapter by
conditionally changing the use regulations on an approximate 2.02 acre tract of land located
eastof Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family
Residential, to RM-12, Low Density, Multi-Family Residential (Whispering Meadows - Outlot
A). No one appoared.
Moved by Novick, seconded by Lehman, that the ordinance amending the Zoning
Chapter by conditionally changing the use regulations on an approximate 2.02 acre tract of
land located ea~st of Lakeside Dr. and south of Highway 6 from ID-RS Interim Development
Single-Family Residential, to RM-12, Low Density, Multi-Family Residential, be given first vote
for consideration (Whispering Meadows - Outlot A). Affirmative roll call vote unanimous, 7~0,
all Council Members present. The Mayor declared the motion carried.
Moved by Lehman, seconded by Novick, to adopt ORD. 95-3694, Bk. 38, p. 31,
AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE
REGULATIONS OF 30 ACRES OF LAND LOCATED WEST OF MORMON TREK BOULEVARD
AND SOUTH OF ROHRET ROAD FROM RS-5, LOW DENSITY SINGLE-FAMILY, TO OPDH-8,
PLANNED DEVELOPMENT HOUSING OVERLAY (Mormon Trek Village). Affirmative roll call
voze unanimous, 7/0, all Council Members present. The Mayor declared the ordinance
adopted.
Council Activities
Iowa City City Council
October 10, 1995
Page 3
Moved by Novick, seconded by Kubby, to defer to October 24, 1995, a resolution for
final plat approval of Kennedy's Waterfront Addition, Part three. The Mayor declared the
motion carried, 7~0, all Council Members present. Moved by Kubby, seconded by Novick, to
accept correspondence from: Charles Mullen, attorney for Southgate Development Co. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present..
A public hearing was held on the City's Comprehensive Housing Affordability Strategy
(CHAS) Annual Performance Report for Fiscal Year 1994. No one appeared.
The Mayor noted the previously announced vacancies: St. 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. 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&Z Comm. - 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. The Mayor urged residents to consider
applying for one of the vacancies.
Moved by Kubby, seconded by Novick, to re-appoint Richard Hoppin, 426 Lee St. and
Jessica Neary, 715 N. Linn #3, to the Riverfront and Natural Areas Commission to fill two
vacancies for three-year terms ending December 1, 1998. The Mayor declared the motion
carried unanimously, 7~0, all Council Members present.
Council Member Lehman noted the completion of the Rohret Road Project almost two
months ahead of schedule, and acknowledged the letter complimenting St. Construction
Inspector Ed McGinnis for his work. Lehman referred to Council discussion the previous
evening regarding the request from MidTown Restaurant to move into the eastside, and
explained reasons why the move will not take place. The Mayor stated she had also sent a
letter to the owners.
Council Member Kubby noted the cooperation between the City and the University on
several projects affecting Madison Street. She also called attention to the Home Fire Drill
scheduled October 15, and encouraged people to participate.
Council Member Novick reported on a visit from a member of the Italian Parliament
Civic Center tour conducted by City Manager Atkins, and especially the City's Document
Services Department. She also stated she had been informed of some smaller cities in Iowa
that pay their Board and Commission members.
Council Member Throgmorton informed citizens that during the work session of
October 23, Council would be discussing possible appointments to an ad hoc economic
development committee and outlined the tasks to be addressed.
Council Member Pigott congratulated James Linn of the iowa City Police Department
on his election as President of the Administrative Officers Course at the Southern Police
Institute of the University of Louisville. He also referenced the memo from Traffic Engr.
Brachtel regarding synchronization of lights on Burlington Street, noting that newer equipment
is being installed to help implement a coordinated plan but because of a number of reasons
it may not be noticeable.
The Mayor noted the Council Chambers door was now equipped with special button
allowing accessibility. She welcomed new President Mary Sue Coleman to the University of
Iowa, and reported she had presented keys to the City to the Homecoming King and Queen.
Council Activities
Iowa City City Council
October 10, 1995
Page 4
Mayor Horowitz announced that through the Cable television division, government channel,
Channel 4, viewers could now access World Wide Web through interactive InfoVision.
Moved by Pigott, seconded by Kubby, to adopt RES. 95-297, Bk. 114, p. 297, AP-
PROVING A JOINT AGREEMENT OF COMMUNICATION AND COOPERATION WITH RESPECT
TO ALLOCATION AND DIVISION OF PROPERTY TAXES FOR INDUSTRIAL NEW JOBS
TRAINING PROGRAMS (Kirkwood Community College). Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Novick, seconded by Kubby, to adopt RES. 95-298, Bk. 114, p. 298,
AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST
CONTRACT FORTHE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER
AT THE WATER SUPPLY AND TREATMENT FACILITY SITE to Layne-Western for
9333,5886.80. Public Works Director Schmadeke present for discussion. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Kubby, seconded by Throgmorton, to consider a resolution awarding
contract and authorizing Mayor to sign and City Clerk to attest contract for the construction
of the Ground Storage Reservoir Pump System improvements. Public Works Director
Schmadeke present for discussion. The Mayor declared the resolution defeated, 0/7, with the
following division of roll call vote: Ayes: None. Nays: Novick, Pigott, Throgmorton, Baker,
Horowitz, Kubby, Lehman. Absent: None.
Moved by Novick, seconded by Pigott, to adopt RES. 95-299, Bk. 114, p. 299,
INTENT TO CONVEY TWO SINGLE-FAMILY RESIDENTIAL DWELLINGS, STREET ADDRESS
OF 3331 DUBUQUE STREET AND 3337 DUBUQUE STREET, IOWA CITY, IOWA, BY A
SEALED BIDDING PROCESS, AND SETTING A PUBLIC HEARING FOR OCTOBER 24, 1995.
City Arty. Woito displayed a copy of the ad scheduled for publication. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
The Mayor announced the election results and the top four vote getters as Julianna
Johnston, Dee Vanderhoef, Karen Kubby, and Howie Vernon.
Moved by Pigott, seconded by Novick, 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 second vote for consideration. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Pigott, seconded by Baker, that ordinance amending City Code Title 9,
Chapter 1, entitled" Motor Vehicles and Traffic," Article 7, entitled "Toy Vehicles," be given
second vote for consideration. After discussion, Moved by Kubby, seconded by Throgmorton,
to amend the ordinance by deleting parking lots from the definition of roadway. The Mayor
declared the motion defeated, 2/5, with Kubby and Throgmorton voting in the affirmative.
After additional discussion, moved by Throgmorton, seconded by Kubby, to defer second
consideration of the ordinance to allow staff time to review the issue of where skateboards,
rollerblades and other toy vehicles are allowed. The Mayor declared the motion defeated, 2/5,
with Kubby and Throgmorton voting in the affirmative. The Mayor declared the motion on
second consideration of the ordinance carried, 7/0, all Council Members present, with an
understanding that staff review areas in which toy vehicles are permitted.
Council Activities
Iowa City City Council
October 10, 1995
Page 5
Moved by Kubby, seconded by Baker, that the ordinance amending Title 2, "Human
Rights," City Code, by amending the subpoena power of the Human Rights Commission, by
adding the definition of Gender Identity, and by adding Gender IdentiW as a protected class,
be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried.
Moved by Pigott, seconded by Throgmorton, to adjourn 8:50 p.m. The Mayor declared
the motion carried unanimously, 710, all Council Members present.
Susan M. Horowitz, Mayor
Marian K. Karr, City Clerk