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HomeMy WebLinkAbout1996-09-10 Minutes numberedSubject to change as finalized by the City Clerk. For a final official cp~y, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 10, 1996 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staff members present: Arkins, Helling, Woito, Karr, Franklin, Schoon, Davidson. Council minutes tape recorded on Tapes 96-101, Side 1; 96-103, 104, 105, Both Sides. The Mayor stated polls were open until 8:00 p.m. and encouraged everyone to vote in School Board election. The Mayor proclaimed Sisters of Mercy Week - September 22-28, 1996. Sr. Mary Josephus accepted. The Mayor read a statement from the City Council regarding the August 30 (Eric Shaw) shooting. Moved by Kubby, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented. Moved by Baker, seconded by Vanderhoef, to delete and defer indefinitely item 3c.(1) a motion setting a public hearing on an ordinance amending pet animal control. The Mayor declared the motion carried to delete the one item unanimously, 7/0, all Council Members present. The Consent Calendar was adopted as follows: Approval of Official Council Actions of the regular meeting of August 27, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - August 15, 1996... Setting Public Hearings: Setting a public hearing for September 24, 1996, on the City's Consolidated Plan Annual Performance Report for Fiscal Year 1996. Setting a public hearing for September 24, 1996 on the City's Supplemental Community Development Block Grant (FLOOD) Funds Grantee Performance Report for Fiscal Year 1996. Setting a public hearing for September 24, 1996, on the City's Community Development Block Grant (CDBG) Grantee Performance Report for Fiscal Year 1996. Permit Motions: Approving a Class C Liquor License for Brown Bottle Restaurant, 115 E. Washington St. Approving a Class C Beer Permit for Dan's Short Stop, 2221 Rochester Ave. Approving a Class C Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Approving a Class C Beer Permit for T & M Mini Mart, 2601 Hwy. 6 E. Resolutions, Bk. 116: RES. 96-261, p. 261, APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) BUDGET. RES. 96-262, p. 262, ACCEPTING THE WORK FOR THE EXTENSION OF SANITARY SEWER PUBLIC IMPROVEMENTS ON LUCAS STREET SOUTH OF MARKET STREET. RES. 96-263, p. 263, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE AGREEMENT FOR PROPERTY LOCATED AT 415 DOUGLASS STREET, IOWA CITY, IOWA. Council Activities September 10, 1996 page 2 Correspondence: Julia Daugherty regarding transit cuts. Patricia Vanrollins regarding Bud Stockman. Shawn Lockhart regarding animal,~?~O ordinance Applications for Use of City Streets and Public Grounds: Jodi Deike~- (First National Bank), musical performance * August 24, 1996, approved. Earl Rogers (VFW #3949), poppies for donations - September 6 & 7, 1996, approved. Jill Kromminga, Ginter Avenue Block Party - September 14, 1996, approved. Applications for Use of City Plaza: Rachel Zimmerman, register voters - August 24, 1996, approved. Eugene Bilyk (ISKCON), distribute literature - August 29-31, 1996, approved. Lisa Barnes (DTA), Sidewalk Days - September 12-1§, 1996, approved. Regenia Bailey (DVIP), Clothesline Display - October 8, 1996, approved. Regenia Bailey (DVIP), distribute literature - October 4, 10, 14, 22, and 28, 1996, approved. Grace Trifaro (Citizens for Animal Rights), distribute literature ~ various dates throughout summer and fall, approved. Jonathon Game (Native Americans and Indigenous Issues), distribute literature - various dates throughout summer and fall, approved. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The following individuals appeared regarding the August 30th (Eric Shaw) shooting: Carol deProsse, Lone Tree; Andrew Wicklander; Jeffrey Klinzm~n; Leora Houghton, 435 Elmridge Ave.; Sheila Knopfoh-Oriole; Eric Rothenbuhler; Douglas Wunder; David Stokey; Aaron Carstens; Pat Gallagher, 521 N. Dubuque; J. Martin, 419 N. Gilbert; Craig Hempenius, 532 N. Dubuque; Patricia Vanrollins, 241 Lexington; Tim Walker; Devine Axton, Coralville; Greg Thompson, 422 Harmony, Coralville; Doyle Adams; Thomas Hadash; Tracy Palmer; Pat Ledemer (no signature or address available); Earle Baugh, Jr., 227 1/2 Gilbert; Cadetha Baugh, 2.27 ~/2 Gilbert; Tom Lewis; Ann Silander; Howard Weinberg, 720 Walnut; Keith Dempster, 120 E. Burlington; Jeff Chello (no signature or address available); Royce Nelson; Lynne Tylee, 903 N. Dodge; Don Freiman (no signature or address available); Caroline Dieterie; Mark Denning, 415 S. Van Buren; Daryl Woodson, 658 S. Lucas; Cathy Brenneman (no signature or address available); Tye Kirk; Sally Peck, 102 S. Clinton; Duane Rohovit; Lori Dyer; Colleen Finnegan; and Helen Schroeder. Council agreed to schedule time at their work session on September 17 to discuss a citizen review board/Police review systems. A public hearing was held on an ordinance amending the Zoning Chapter by amending the Conditional Zoning Agreement for WestPort Plaza to eliminate the requirement for a 'cohesive, integrated development," and to remove the requirement for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Community Commercial zone at 855 Highway 1 West (Staples). PCD Director Franklin present for discussion. Council Activities September 10, 1996 page 3 Moved by Norton, seconded by Thornberry, that the ordinance amending the Zoning Chapter by amending the Conditional Zoning Agreement for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the requirement for the facades of the buildings to provide ~horizontal continuity," for property located in the CC-2, Community Commercial zone at 856 Highway 1 West (Staples), be given first vote for consideration. Individual Council members expressed their views. The Mayor declared the motion carried unanimously, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Lehman, Norton, Novick, Thornberry. Nays: Baker, Kubby. Absent: None. A public hearing was held on an ordinance vacating the portion of St. Matthias' Street (formerly known as St. Mattbias' Alley), right-of-way located north of Dodge St. and St. John's Alley, located between St. Clement's Street and St. Matthias' St. (Roberts Home Town Dairy). Moved by Kubby, seconded by Thornberry, to accept correspondence from: Herbert Davis. PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman, that the ordinance vacating a portion of Lee Street, an undeveloped right-of-way located between River Street and Otto Street (Barkan), 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 Thornberry, that the ordinance amending Title 14, Chapter 6, entitled 'Zoning," Article H, entitled 'lndustrial Zones," Section 1, entitled 'General Industrial Zone (I-1)" to add a special exception to allow limited retail sales in the I-1 zone, be given first vote for consideration. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Vanderhoef, Kubby. Nays: Baker. Absent: None. Moved by Norton, seconded by Kubby, to adopt ORD. 96-3744, Bk. 39, p. 38, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE K, ENTITLED "ENVIRONMENTAL REGULATIONS," SECTION 1, ENTITLED "SENSITIVE AREAS ORDINANCE." Individual Council Members expressed their views. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Norton, Baker, Vanderhoef, Kubby, Lehman, Novick. Nays: Thornberry. Absent: None. Moved by Vanderhoef, seconded by Baker, to adopt ORD. 96-3745, Bk. 39, p. 39, AMENDING THE ZONING CHAPTER BY DESIGNATING 36 PROPERTIES AS IOWA CITY HISTORIC LANDMARKS. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Novick, Vanderhoef, Baker, Kubby, Norton. Nays: Thornberry, Lehman. Absent: None. Moved by Norton, seconded by Kubby, to adopt ORD. 96-3746, Bk. 39, p. 40, AMENDING CITY CODE TITLE 14, CHAPTER 6E, "ZONING," ARTICLE J, "OVERLAY ZONES," BY ADDING A NEW SECTION 5, ENTITLED "DESIGN REVIEW Council Activities September 10, 1996 page 4 OVERLAY ZONE (ODR)" OF THE CITY CODE. Moved by Vanderhoef, seconded by Lehman, to amend the ordinance to require a extraordinary majority, a 3/4 vote, to disapprove a project. After discussion, the Mayor declared the motion to amend defeated, 2/5, with the following voice vote and show of hands: Ayes: Lehman, Vanderhoef. Nays: Novick, Thornberry, Baker, Kubby, Norton. Absent: None. Moved by Kubby, seconded by Norton, to accept correspondence from Thomas Gelman. The Mayor declared the motion carried. The Mayor declared the ordinance adopted, 4/3, with the following division of roll call vote: Ayes: Baker, Kubby, Norton, Novick. Nays: Lehman, Thornberry, Vanderhoef. Absent: None. Moved by Kubby, seconded by Lehman, to defer to September 24, 1996, a resolution approving a final plat of Galway Hills, Part Three. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Public discussion was held on the Economic Development Opportunity list and Financial Assistance Eligibility Guidelines. Economic Development Planner Schoon present for discussion. The following individuals appeared: John Beckord, Iowa City Area Chamber of Commerce; Roberta TilI-Retz, 600 Manor Drive; Jim Throgmorton, 715 N. Linn; and Derek Maurer, 328 S. Governor. Moved by Thornberry, seconded by Vanderhoef, to defer to September 24, 1996, a resolution authorizing execution of a letter of understanding between the City of Iowa City and the Elks Golf and Country Club regarding Foster Road extended and golf course changes in connection with the new water treatment plant. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, to continue to October 8,_ 1996, a public hearing on a resolution authorizing conveyance by sale and/or lease of land adjacent to the Elks Golf and Country Club. Richard Rhodes, 2014 Rochester Avenue, appeared. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Thornberry, to defer to October 8, 1996, a resolution authorizing conveyance by sale and/or lease of land adjacent to the Elks Golf and Country Club. The Mayor declared the motion carried. Moved by Baker, seconded by Thornberry, 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. 96-3747, Bk. 39, p. 41, AMENDING SECTION 14, CHAPTER 5, ARTICLE C, OF THE IOWA CITY CODE BY ADOPTING THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES, AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF FEES; AND TO PROVIDE PENALTIES FOR VIOLATIONS, be voted on for final passage at Council Activities September 10, 1996 page 5 this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Baker, seconded by Lehman, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Thornberry, seconded by Baker, 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. 96-3748, Bk. 116, p. 42, AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY CODE ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING CHAPTER 3, SECTION 6B THEREIN TO CHANGE THE SPEED LIMIT ON BENTON STREET BETWEEN KESWICK DRIVE AND MORMON TREK BOULEVARD, 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 Thornberry, seconded by Lehman, that the ordinance be adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Lehman, seconded by Thornberry, that the rule requiring ordinances be 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. 96-3749, Bk. 39, p. 43, AMENDING TITLE 3, "CITY FINANCES, TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO ESTABLISH A SPECIAL FARE FOR HIGH SCHOOL AND YOUNGER STUDENTS, 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 Lehman, seconded by Baker, 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 Kubby, seconded by Norton, to adopt RES. 96-264, Bk. 116, p. 264, RESCINDING RESOLUTION NOS. 94-277 AND 95-79 AND IN LIEU THEREOF RE-ESTABLISHING THE IOWA CITY DESIGN REVIEW COMMITTEE, AND ALSO APPROVING COMMITTEE BY-LAWS. Economic Development Planner Schoon present for discussion. Moved by Norton, seconded by Kubby, to amend the by- laws to reflect the following membership composition: two licenses architects; two design professionals or involved in building trades; one at-large member of the community; two business or property owners from the area subject to the Design Review Overlay Zone Ordinance. The Mayor declared the motion to amend carried, 413, with the following division of voice vote: Ayes: Novick, Norton, Kubby, Baker. Nays: Lehman, Vanderhoef, Thornberry. Absent: None. Moved by Kubby, seconded by Norton, to amend the by-laws by deleting the last sentence on Page 1, under Article II, Membership. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. The Mayor declared Council Activities September 10, 1996 page 6 the resolution and by-laws adopted as amended, 413, with the following division of roll call vote: Ayes: Baker, Kubby, Norton, Novick. Nays: Lehman, Thornberry, Vanderhoef. Absent: None. Moved by Kubby, seconded by Lehman, to adopt RES. 96-265, Bk. 116, ~)~) p.265, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT PROGRAM FUNDS. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 96-266, Bk. 116, p. 266, AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION AND THE AFSCME PAY PLAN BY ADDING THE POSITION OF COMMUNITY PROGRAMMER. Asst. City Mgr. Helling present for discussion. The Mayor declared the resolution adopted, 611, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, Novick, Vanderhoef, Baker. Nays: Thornberry. Absent: None. Moved by Lehman, seconded by Thornberry, to defer to September 24, 1996, a resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between the City of Iowa City, Iowa, the City of Coralville, Iowa, and Public Access Television, Inc. for funding, operation, and management of the local public access function. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: Housing & Community Development Comm.- One vacancy to fill an unexpired term ending September 1, 1997. This appointment is being deferred to the October 8 meeting of the City Council to allow for a 30 day advertising period. Council Member Kubby requested the Mayor contact the Shaw family regarding the August 30 shooting. After discussion Council agreed that Mayor Novick and Mayor Pro tem Lehman follow-up with the City Attorney. The Council agreed to the following meeting schedule: September 17- citizen review board/Police review systems and Capital Improvement Projects; changing the 'r~ start time to 8:00 p.m. for the work session on September 23; and clarified that no public hearing has been set on the animal ordinance but citizens would be allowed to speak during the 'public discussion" portion of the September 24 formal agenda, noting a formal public hearing would be scheduled sometime in the future; and ~_~_.~ reserved 6:00 p.m. on September 24 for a possible executive session or work session prior to the formal meeting. Council Member Kubby reviewed upcoming events for Iowa Archeological Week and the national teleconference 'Building Hospitable Commumt~es . She urged citizens to contact her for any further information. Council Member Baker distributed copies of a memo from Council Member Norton and himself 'Downtown-21 Schedule" and requested the matter be scheduled for the next work session. He announced that the University of Iowa Debate Team is debating the following question: 'Resolve that Iowa City should act to revitalize its Council Activities September 10, 1996 page 7 urban center", and encouraged the public and Council to attend the debate scheduled November 7 at 7:00 p.m. in the Boyd Law Building. Baker asked everyone to support Regina children selling candy. Mayor Novick announced the 15th anniversary celebration of the Senior Center is scheduled Friday, September 27 from 11:30 a.m. to 6:30 p.m. and various events are planned; the Human Rights Awards breakfast is scheduled for October 10 at the Iowa Memorial Union. Applications for the Human Rights Award are available in the Civic Center and the deadline for nomination is September 23; the Iowa City Special Census is being conducted through mid-October. Citizens are asked to participate by answering the verbal questionnaire when census workers knock at their door. Moved by Kubby, seconded by Lehman, to adjourn 12:15 p.m. The Mayor declared the motion carried, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K, Karr, City Clerk CITY OFIOWA ~ITY INFORMATION PACKET August30,1996 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 Memorandum from City Manager: September 4 Meeting - Discussion Outline ~.~)~ Memorandum from City Manager: Grant Application Comprehensiv~ Improvement Assessment Program Memorandum from City Manager: Cottonwood Right-of-Way Extended Memorandum from City Manager: Pending Development Issues Memorandum from JCCOG Transportation Planner: Preferred Alignment for Extension of Highway 965 between Highway 6 and Highway 1, Confirmation of the JCCOG Board Meeting Discussion Letter from Director Parks and Recreation: Fall Brochure Fall 1996 Parks and Recreation Brochure Iowa City Public Library Annual Report FY 1996 Letter from City Manager to Chair of Johnson Johnson County Ambulance service Press Release: Confined Space Rescue Article (Novick): Deer: Impractical to Do Nothing 1996 Parks and Recreation~O[~ County Board of Superviso~s:_~_ Agenda for August 29, 1996, formal meeting of the Johnson County Board of~(~)l Supervisors Agenda for 9/5/96 Formal meeting of the Board of Supervisors. Memo from Civil Engineer regarding South River Corridor Sewer Construction. Copy of letter from Council Member Baker to John Gross, Technigraphics, regarding the downtown. Copy of Article "Home from Nowhere". ~-~ Information distributed at goal setting. CITY OFIOWA CITY INFORMATION PACKET September 6, 1996 September 9 WORK SESSION AGENDA ITEMS IP1 IP2 Memorandum from City Clerk: Outdoor Service Areas and Sidewalk Cafes ~'~--'J Memorandum from City Manager: Iowa City Landfill Alternatives Grant Program~C~ MISCELLANEOUS ITEMS IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IP1 1 IP12 IP13 IP14 Memorandum from City Manager: Pending Development Issues Memorandum from City Clerk: September 17th Work Session Memorandum from City Clerk: August 26 Work Session Memorandum from Finance Director: Annual Report for Fiscal Year 1996 f~ CB-5 Parking Impact Fee Reserve Fund Memorandum from Parking and Transit Director: 300 Block Iowa Avenue Parking Meters ~_~)~ Memorandum from Library Director: Questions from Dee Vanderhoef Letter from Iowa League of Cities Executive Seminars Letter from John Gross to Council Member Baker: Jazz Fest Profit and Loss Statement Director: Fall Downtown Mayor/Council Article: Public Pay Toilets Flush With Success (Novick) Article: The Dark Side of Privatization (Kubby) Article: Listen: No Thump. Speed Humps Are Better Than Bumps Agenda for the 9/10 Informal mt9. of the Board of Supervisors. (Norton) Copy of letter from Phyllis Kelso regarding response from the Police Dept.~O Comments re: Housing Inspection Service Quality Report. (info that was ~OL~] inadvertently left out of 8/23 info packet) Information Packet September 6, 1996 page 2 Press Release regardin9 shooting on 8/30/96. Information regarding the Human Rights Awards and Breakfast. Letters from Julie Fuhrmeister re9arding traffic flow on West Side Drive. Letter and information from Joshua Sarantitis regarding murals in parking ramps. Memo from City Mgr. regarding Capital Improvement Plan Disc. 9/17/96.