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HomeMy WebLinkAbout1994-12-13 Council minutes /~r~~2j , . '~~; . ,I,.. ~ , .. ~ . :~, . , COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 13, 1994 " " r .\ ( _. Iowa City City Council special meeting, 6:30 p.m. at the Civic Center. Mayor Horowitz presiding, Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott (6:50), Throgmorton, Staffmembers present: Atkins (6:40), Helling, Woito, Karr, Schoon, Franklin, Donohue, Yucuis, Council minutes tape recorded on Tapes 94-141 & 94-142, Both Sides. Moved by Novick, seconded by Throgmorton, that the following items and recommen- dations in the Consent Calendar be received, or approved, and/or adopted as presented: Minutes of Boards and Commissions: Sr. Center Comm. meeting of October 27, 1994. Correspondence: Phillip L. Thompson regarding the water plant and waste water projects, Applications for City Plaza Use Permits: Jenny Wiers to set up a table during the period of December 5-15, 1994, to offer candy for donations to benefit Heritage Christian School, approved, Affirmative roll call vote unanimous, 6/0, Pigott absent. The Mayor declared the motion carried. Harry Wolf, Vice President of Southgate Development and Chair elect of the Iowa City Coralville Chamber of Commerce introduced the new President of the Chamber John Beckord. John Beckord, urged Council to call him anytime on issues of mutual concern to the Council and the Chamber, and stated he was looking forward to developing a good working relationship with the City, John Nesbitt, 362 Koser Ave, (U.H,I, presented statements regarding neighborhoods/residents/citizens versus city administration; the City administration growth myth; and the citizens need for options for water treatment. Moved by Kubby, seconded by Novick, that the amendment to the Zoning Ordinance changing the use regulations of RM-12 zoned properties located generally along Fairchild and Davenport Streets between Dubuque Street and Dodge Street, and in the 200 block along Bloomington Street from RM-12, Low Density Multi-Family Residential to RNC-12, Neighborhood Conservation Residential, be given first vote for consideration. PCD Director Franklin present for discussion, Affirmative roll call vote unanimous, 6/0, Pigott absent. The Mayor declared the motion carried, Moved by Novick, seconded by Throgmorton, that the amendment to City Code Section 14-6E-7, to regulate the location of parking spaces in the Central Business Support Zone (CB-51, be given second vote for consideration. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Kubby, Novick, Throgmorton, Baker, Horowitz, Nays: Lehman. Absent: Pigott, Moved by Novick, seconded by Baker, to adopt ORD, 94-3653, Bk, 37, p, 50, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF APPROXIMATELY 5,52 ACRES OF LAND LOCATED EAST OF WATER- FRONT DRIVE AND THE CRANDIC RAILROAD RIGHT-OF-WAY IOWA CITY, IOWA, FROM CI- 1, INTENSIVE COMMERCIAL, TO CC-2, COMMUNITY COMMERCIAL (Hy-Vee Food Stores), Affirmative roll call vote unanimous, 6/0, Pigott absent. The Mayor declared the ordinance adopted. Moved by Baker, seconded by Novick, to adopt ORD. 94-3654, Bk. 37, p, 51, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," OF THE CITY CODE BY REVISING ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," SECTION 2, ENTITLED "NEIGHBORHOOD COMMERCIAL ZONE (CN-1)." TO ALLOW RESTAURANTS AS PROVI- SIONAL USES OR BY SPECIAL EXCEPTION WITH SPECIFIC RESTRICTIONS, AND CAR WASHES BY SPECIAL EXCEPTION WITH SPECIFIC RESTRICTIONS IN THE CN-' ZONE, Affirmative roll call vote unanimous, 6/0, Pigott absent. The Mayor declared the ordinance adopted, Council Member Pigott arrived 6:50 p,m. , \ \ \ ~ "(' I ! i" " . .. ", , ! i , 0:;::- 'J ~~ , L. ( - ~ - .:~. , 0 -). o ~. ~\:~v ":'Yi' L;.;. S'tY ",!f I'" '. !,! ~ ~ r,O' ~J j\ ~ fi' rl !i f;~: ,,'t jJ ,.j ,~ ~, 1'1 fP I:! ,., .i".i' , 1 ~ ~ ~. , , I ~ ['I " ~.'l \'.. l', i;j ~', ;l ,':j 1,:,.',1 f:,"o, t?<;. !ill l'~""' I ....;,:,.,~o. ,I r..;, ,; ",} .?:3i~:1 ,.-.... '. .\ C . \ \ l "'- ,~ r :~;-' " I I" i , C' i'-" ( \~ ~~'p,:1 , ,.~'~ : ,. ;: ';' r:?l" , l',..f .' ('- 0 .. , .tl,\1 ., ~ " . .:~ '. Special Council Meeting December 13, 1994 Page 2 Council Member Lehman noted the announced departure of University President Hunter Rawlings, noting the important part he played in the community, and wished him well in his new endeavor. Council Member Kubby distributed copies of a memo regarding the Towncrest Relocation and asked that time be scheduled at an upcoming meeting to discuss the matter. The City Manager will schedule for the December 19th meeting. Kubby requested time to set aside at a work session for discussion of the annexation and rezoning of the Wolf tract for manufactured housing, The City Manager stated that matter had been scheduled for the December 19th meeting also. Kubby noted the passage of the Woodland Conservation Ordinance did not include a review of significant individual trees and looking at the current tree ordinance for large scale developments, and questioned the status of these two items. PCD Director Franklin stated the subcommittee was currently reviewing the sensitive areas overlay and the neighborhood concepts that were raised when Council and P&Z held their joint meeting. No review of the existing tree ordinance was planned. After discussion Council asked that an update of the tree program and the Heritage Tree Program be scheduled for a January work session, Kubby questioned why the county phone outage late in November had not been handled as a community emergency and better education to the public on the matter, The City Manager will report back, Kubby noted two police car chases in recent days and asked for a report from the Police Chief. The City Manager will follow-up. Council Member Novick requested an update on soil erosion at the Cliff Apartments, After discussion Council directed staff to contact Mr, Glasgow for an update and pursue the matter more aggressively. Council Member Throgmorton reported on meeting he and Council Member Pigott had with Student Government Association President John Lohman, Throgmorton indicated issues discussed included water and wastewater rate increases; the Near Southside; a multifamily recycling committee; street lighting; and sidewalk cafes, Council Member Pigott thanked members of the City snow removal crews for their response to concerns during the last snow storm, Council Member Baker noted the editorial in a recent issue of the Press Citizen supporting proceeding with water and wastewater rate increases and stated a special supplement to the newspaper on Saturday will carry detailed information on the issues, Baker requested regular updates from staff on water and wastewater. Baker apologized to the community for his coughing during the December 6 meeting which may have hindered listening to the discussion. Mayor Horowitz reminded citizens to shovel the walks within 24 hours of a snow storm, and encouraged citizens to help the Crisis Center during the holidays by picking a green card from the pink Christmas trees throughout the community. Council Member Kubby referenced the fact that the City would be participating in the Chamber of Commerce upcoming Walk of the Stars and encouraged Council Members to volunteer their time in the booth, Kubby reminded Council Members to bring their calendar to the next work session for purposes of scheduling budget meetings. City Manager Atkins reported the one of the public housing units in the 1900 block of Broadway was burning, ten families had been evacuated, and no injuries had been reported, City Attorney Woito said that Water Supt. Moreno had spoken at the Noon Kiwannis and presented the historical aspects of our 1882 water plant. Moved by Novick; seconded by Kubby, to accept a recommendation of the Design Review Committee regarding membership requirements for the Design Review Comm, Individual Council Members discussed the matter of membership requirements. After discussion it was agreed that the Rules Committee would meet on the matter, The Mayor declared the motion carried unanimously, 7/0, all Council Members present. . '"- o ), .~ ~. i'>,:/,';' h:\if' ~''l 1':( 1,';;- :; (~ , :l fj ~t! ci fa m ~ ;;}, ~,~ ,1 ~ ~ <~ "1 it> "} \\ ~, I i;~ ?J r ~.l n 11 .I'.','!' t.. \\;'1 1';-1 I)'.t I"" lJ'{ (i 1"~<~ t':'~ ::~";':~ '.-,:n\", r2:',i:, \ f""2 :.'5 . D [J .~~~.fE :~: \ "" ~ , .. 1 " ~. '" Special Council Meeting December 13, 1994 Page 3 ( Moved by Throgmorton, seconded by Pigott, to accept a recommendation of the Design Review Comm. regarding maintenance of City Plaza, In response to Council, the City Manager stated the matter would be discussed along with the budget. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pigott, seconded by Lehman, to adopt RES, 94-357, Bk. 112, p. 357, APPROVING THE NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN, PCD Director Franklin present for discussion, Individual Council Members expressed their views. John Rummelhart, 232 S. Summit, appeared. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Pigott, Throgmorton, Baker, Horowitz, Lehman, Novick, Nays: Kubby. Absent: None. Moved by Kubby, seconded by Throgmorton, to adopt RES, 94-358, Bk, 112, p, 358, APPROVING THE NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION PLAN, PCD Director Franklin present for discussion, Moved by Kubby, seconded by Pigott, to amend the Plan by adding the following sentence in the Land Use section (Page 4), "If a development project within these categories contains less than one hundred (100) percent qualified real estate, only that portion meeting the low/moderate income household guidelines shall be eligible for property tax exemption under the Plan." The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Affirmative roll call vote on the amended resolution unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. Moved by Throgmorton, seconded by Pigott, to adopt RES, 94-359, Bk. 112, p, 359, AUTHORIZING THE PREPARATION OF A DESIGN PLAN FOR THE NEAR SOUTHSIDE NEIGHBORHOOD AND DECLARING THE COUNCIL'S INTENT ON THE ALLOCATION OF INCREMENTAL PROPERTY TAX REVENUES, PCD Director Franklin present for discussion. Moved by Throgmorton, seconded by Pigott, to amend the resolution to include language in the 4th paragraph of page 1 to reflect an increase in city property taxes from 50% to 75% and change #3 on page 2 to read "In order to carry out the City Council's goal of providing City support for the design concepts and goal envisioned in the Near Southside Neighborhood, including City-finances public improvements projects which create a 'unifying sense of place,' the City Council directs City staff to establish an administrative method of assuring that at a minimum 75% of City property taxes collected on the added value of improvements from each Near Southside Neighborhood property receiving property tax exemption, or an equivalent amount from other funding sources, shall be allocated to a Near Southside Redevelopment Fund," The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Affirmative roll call vote on the amended resolution unanimous, 7/0, all Council Members present, The Mayor declared the resolution adopted as amended. Moved by Baker, seconded by Throgmorton, to adopt ORD. 94-3655, Bk, 37, p, 52, AMENDING TITLE 14, "UNIFIED DEVELOPMENT CODE," OFTHE CITY CODE, BY AMENDING CHAPTER 9, ARTICLE A, ENTITLED "PARKING FACILITY IMPACT FEE," TO INCLUDE COMMERCIAL DEVELOPMENT, PCD Director Franklin present for discussion. Moved by Baker, seconded by Pigott, to amend the ordinance Section D and F of 14-9A-7 regarding the commercial parking facility impact fee be paid to reflect 75 % of the parking spaces required by the City zoning ordinance for commercial uses.... and to amend Section 14-9A-11 payment of the commercial impact fee shall entitle the commercial fee payor to provide no more than 50% of the parking spaces otherwise required for commercial use on the Site, The Mayor declared the motion to amend carried, 6/1, Baker, Horowitz, Kubby, Lehman, Throgmorton, Pigott voting in the affirmative, The Mayor declared the amended ordinance adopted, 4/3, as amended with the following division of roll call vote: Ayes: Horowitz, Pigott, Throgmorton, Baker, Nays: I<ubby, Lehman, Novick. Absent: None ,l:~ :--. " "j '~: '~', d "'I " '. (-" : 0 '. ___A T -..- 0) I I ...' k~:~: 1:'iJ! -'..,' ,~:;i{ t" f:;'~ "I~ ,~ ~ ~ ~I " \i !! f~ h :::~ {'l ~ t9: ,1 ';.3 t~ ~ 0 ~ ~ i\ 1'\ p:!.\ ~o .,1 '..., '.. ~ :~~r,i'?;1 r- " I , ,.',\ -"".01 , , \ . " \! \' "1 m !" I : (j\ . , ~'i.'~...;: ""f' .' 1!~'~'." f:\l'~.l'~l. ..I.) ("I,." .- C~_' , , ~ , , ~ t, '1 .\ '~ .. ~ '" . ,,' .1,. ....,...: Special Council Meeting December 13, 1994 Page 4 Moved by Pigott, seconded by Baker, to adopt ORD, 94-3656, Bk. 37, p. 53, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," CITY CODE, BY REVISING ARTICLE N, ENTITLED "OFF STREET PARKING AND LOADING," AND ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," SECTION 7, ENTITLED "CENTRAL BUSINESS SUPPORT ZONE (CB-5)," TO CHANGE THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR THE CB-5 ZONE, The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Novick, Pigott, Throgmorton, Baker, Horowitz. Nays: Kubby, Lehman. Absent: None, Moved by Pigott, seconded by Lehman, to adopt ORD. 94-3657, Bk. 37, p. 54, DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZA- TION AREA WHICH SHALL BE KNOWN AS THE NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION AREA. The Mayor declared the ordinance adopted, 6/1, with the following division of roll: Ayes: Novick, Pigott, Throgmorton, Baker, Horowitz, Lehman. Nays: Kubby. Absent: None. Moved by Throgmorton, seconded by Kubby, to adopt ORD. 94-3658, Bk. 37, p. 55, DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZA- TION AREA WHICH SHALL BE KNOWN AS THE NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION AREA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Lehman, seconded by Novick, that the ordinance establishing and regulating the location of entrance drives to private property along and adjacent to U,S. Highway No, 6 from the westerly city limits to Rocky Shore Drive in Iowa City, Johnson County, Iowa, be given second vote for consideration, Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Kubby, seconded by Pigott, to adopt ORD, 94-3659, Bk, 37, p. 56, AMENDING TITLE 9, ENTITLED "TRAFFIC", CHAPTER 9, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS," SECTION 6, ENTITLED "APPLICATION OF PROVISIONS" OF THE CITY CODE BY ADDING A NEW PARAGRAPH APPLYING THE PROVISIONS OF THE TRAFFIC TITLE TO BICYCLISTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Novick, seconded by Lehman, that the ordinance amending Title 3, City Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 3-4-4, Wastewater Treatment Works User Charges, be given second vote for consideration. Individual Council Members expressed their views. Pigott distributed copies of a memo prepared by Throgmorton and himself dealing with the variety of alternatives presented to the City on proposed water and wastewater treatment plants, The Mayor declared the motion carried, 5/2, with the following division of the roll call vote: Ayes: Horowitz, Lehman, Novick, Pigott, Baker, Nays: Kubby, Throgmorton, Absent: None. Moved by Novick, seconded by Lehman, that the ordinance amending Title 3, City Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 3-4-3 Potable Use, be given second vote for consideration, Moved by Kubby, seconded by Throgmorton, to accept a paper entitled a public opinion poll concerning water quality in Iowa City done by an environmental geology class, The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Kubby, to amend page 2 of the ordinance to clarify the monthly user charge in excess of 200 cu. ft. to insert the words "per 100 cu. ft," after $1.54 and $1,10, and that over 3000 cu, ft. is $1,10 per 100 cu, ft, The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor declared the motion for second consideration carried ~ ~ M ~- - -~ . ~'.'.O A)' ~. ., I .' t.. . , ,\ ,,-' i:t,>;/, l\p.:j' (,.,1 r;'~ f: ., I I ~l !: :,j . ~ [] as amended, 5/2, with the following division of roll call vote: Ayes: Lehman, Novick, Pigott, Baker, Horowitz. Nays: Kubby, Throgmorton. Absent: None, Moved by Kubby, seconded by Novick, to adjourn to Executive Session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation, Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned to Executive Session 9:15 p,m. Moved by Kubby, seconded by Novick, to adjourn 9:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ~, ;;;;;z;: usan M, Horowitz, Mayor ~ - ',u", f~ ',.-' " J.~; .: " . ,'..',".' '. '"'".:,, ."'.\ f: . 'f',.'.J:1".-".. .. \, ~ ~ .' '. Special Council Meeting December 13, 1994 Page 5 '; ....;'. /J~v -j/, ~.J Marian K, Karr, ,City Clerk I \. , C' shared\cc1213.mln ,r"" 1'1 C-:-'I' ~: , " ~ ,..:;. (' , ! 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