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HomeMy WebLinkAbout1996-09-24 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 SEPTEMBER 24, 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, Thomberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Mitchell, Karr, Franklin, O'Neil, Head, Davidson, Schmadeke. Council minutes tape recorded on Tapes 96-108, Side 2; 96-112 & 113, Both Sides. The Mayor proclaimed Victory Temple Weekend - September 20-22, 1996; Domestic Violence Awareness Month - October 1996, Regina Bailey accepted; Breast Cancer Awareness Month - October 1996; Mammography Day - October 19, 1996; Fire Prevention Week * October 6-12, 1996, Lt. Larry Kahler accepted. The Mayor introduced Asst. City Atty. Dennis Mitchell and welcomed him to his first Council meeting. Moved by Kubby, seconded by Lehman, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approvai of Official Council Actions of the special meetings of September 9 and 17, 1996, and the regular meeting of September 10, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. - July 9, 1996, August 20, 1996. Bd. of Adjustment- August 14, 1996. P&R Comm. - August 14, 1996. Airport Comm. -August 15, 1996. Permit Motions: Approving a Class C Liquor License for Diamond Dave's Taco Co., 1604 Sycamore St. Approving a Class B Beer Permit for Mini Mart, 731 S. Riverside Dr. Approving a Class E Liquor License for Cub Foods, 855 Hwy 1 West. Approving a Class E Beer Permit for Cub Foods, 855 Hwy 1 West. Resolutions, Bk. 116: RES. 96-267, p. 267, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C 5307 FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. RES. 96- 268, p. 268, AUTHORIZING TFIE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST NATIONAL BANK, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 723 OAKLAND AVENUE, IOWA CITY, IOWA. RES. 96-269, p. 269, ACCEPTING THE WORK FOR THE HIGHWAY 1/GILBERT STREET INTERSECTION IMPROVEMENT PROJECT. RES. 96-270, p. 270, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH MAIN STREET PARTNERS, AN IOWA PARTNERSHIP, FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF COLLEGE AND GILBERT STREETS IN IOWA CITY, IOWA. RES. 96-271, p. 271, APPROVING THE PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY96. RES. 96- 272, p. 272, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC WALKWAYS FOR VILLAGE GREEN SOUTH, PART 4A, IOWA CITY, IOWA. Correspondence: Floyde Pelkey regarding employment at City. Nancy Foother indicating resignation from Design Review Committee. Christina Randall regarding Friendship Street/Shamrock Drive Creek Channel Improvement Project. Bruce Randall regarding Friendship Street/Shamrock Drive Creek Channel Improvement Project. (Response memorandum from staff to Mr. and Mrs. Randall included in Council packet.) Todd Janus regarding Mormon Trek / Abbey Lane Drainage Issues. (Response memorandum from staff included in Council packet.) Cynthia Otis Charlton regarding Shaw shooting incident. Leora Rew Houghton regarding Shaw shooting incident. Sarah Barrash regarding Shaw shooting incident. David Baldus regarding citizen review board. Jim Gilmore regarding Shaw shooting incident. John Nesbitt Council Activities September 24, 1996 page 2 regarding Shaw shooting incident Civil Service Commission submitting certified lists of applicants for the following positions: Clerk/Typist o Solid Waste; Mass Transit Operator; Parking Cashier; Treatment Plant Operator. John Nesbitt regarding planning and development, and City Council Campaign for Election 1997. Bob Leutner in response to John Nesbitt's letter on development. Dr. Shawn Lockhart regarding animal control. Doris Walden regarding exotic animals. Jo Eland regarding exotic animals. The Monday Forum regarding priorities for downtown. Mark Phillips and the Elks Trustees regarding activities at the Elks Club. Applications for Use of City Streets and Public Grounds: Wendy Thiessen, Doctors' Ought to Care Dash - September 27, 1996. Applications for Use of City Plaza: Ann Tdmble, Harkin Steak Fry tickets - September 8, 1996. Susan Craig, "Exercise Your Right to Read-In Day" - October 3, 1996. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The following individuals appeared regarding the proposed pet animal control ordinance: Jo Eland, 820 E. Bloomington; Dr. Susan Goodner, 4649 Running Deer Ct. NE; Arty. John Beasley, 321 E. Market St., representing Don Seydel; Roger Anderson, 1310 and 1421 Cedar St.; Stephen Vlastos, 1346 E. Bloomington St.; Baerbel (Babbs) Anderson, 1310 and 1421 Cedar St.; Ann Goetz, 1415 E. Davenport St.; Janet Goetz, 1415 E. Davenport St.; Flora Cassiliano, 1176 Hotz Ave.; Josepha (Josie) Henderson, 928 Iowa Ave.; Maggie Conroy, 336 Magowan Ave.; Paul Terhaar, 804 N. Dubuque St.; Jean Rasmussen, 3151 Balfour St.; Don Motrisen, 4248 Anderson Ave.; Rena Kelley, 2254 S. Riverside Dr.; Anna May Miller, 1333 Davenport St.; Jessie Singerman, 1176 Hotz Ave.; Mary Ann Rasmussen, 1346 Bloomington Ave.; John Kramer, 1409 E. Davenport St.; Terry Trueblood, 1339 E. Davenport St.; Sara Kimble, 521 Kirkwood Ave.; Dr. Shawn Lockhart, 706 Diana Ct.; Mike Hajdu, 324 N. Lucas; and Cynthia Larson. Animal Shelter Supr. Goodman present for discussion. Philip Zell, Senior Center Comm., announced the hiring of Julie Seal as the new program specialist and noted events planned for the 15th anniversary celebration. John Balmer, 10 Princeton Court, questioned when Council would be scheduling discussion of city cemetery expansion. The Mayor stated the a joint meeting with the P&R Comm. would be scheduled after minutes of the last P&R meeting become available. Balmer offered condolences to the Eric Shaw family and questioned actions of Council Member Kubby pdor to and at the Council meeting of September 10. Moved by Kubby, seconded by Thomberry, to set a public hearing for October 8, 1996, on a resolution approving the City-initiated annexation of an approximate five-acre tract located west of Dubuque Street and south of the Iowa River (Glasgow). The Mayor declared the motion carried unanimously, 5/0, Baker and Lehman absent. Moved by Vanderhoef, seconded by Nor[on, to set a public hearing for October 8, 1996, on an ordinance amending the Zoning Ordinance by changing the use regulations of an approximate five-acre tract, located west of Dubuque Street and south of the Iowa River, from County RS, Suburban Residential, to P, Public (Glasgow). The Mayor declared the motion carried unanimously, 6~0, Baker absent. Moved by Thornberry, seconded by Norton, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting that ORD. 96-3750, Bk. 39, p. 44, AMENDING THE CONDITIONAL ZONING AGREEMENT FOR WESTPORT PLAZA LOCATED AT 855 HIGHWAY 1 WEST (Staples), be adopted at this time. Tile Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Baker. Absent: None. Moved by Thornberry, seconded by Lehman, that the ordinance be voted on for final passage at this time. The Mayor declared the ordinance adopted, 5~2, with the following division or roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Baker, Kubby. Absent: None. Moved by Kubby, seconded by Lehman, to accept correspondence from Rick Berndt, Council Activities September 24, 1996 page 3 Shire Hattory. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Lehman, seconded by Norton, that the ordinance vacating the portion of St. Matthias' Street (formerly known as St. Matthias' 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 Hometown Dairy), be given first vote for consideration. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carded. 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 second vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carded. Moved by Vanderhoef, seconded by Lehman, that ordinance amending Title 14, Chapter 6, entitled "Zoning," Article H, entitled "Industrial 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 second vote for consideration. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Thornberry, Kubby, Lehman, Norton, Novick, Vanderhoef. Nays: Baker. Absent' None. Moved by Lehman, seconded by Kubby, to defer to October 8, 1996, a resolution approving the Final Plat of Galway Hills, Part Three. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Norton, to accept correspondence from Chades Mullen, attorney for the applicant, DAV-ED Limited. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 96-273, Bk. 116, p. 273, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WOODLAND RIDGE, PART ONE, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the City's Supplemental Community Development Block Grant (CDBG) Grantee Performance Report for Fiscal Year 1996. No one appeared. A public hearing was held on the City's Community Development Block Grant (CDBG) Grantee Performance Report for Fiscal Year 1996. No one appeared. A public hearing was held on the City of Iowa City Consolidated Plan (aka City Steps) Annual Performance Report for Fiscal Year 1996 and authorizing the City Manager to submit said report to the U.S. Department of Housing and Urban Development. No one appeared. Moved by Kubby, seconded by Lehman, to adopt RES. 96-274, Bk. 116, p.274, ADOPTING THE CITY OF IOWA CITY CONSOLIDATED PLAN (AKA CITY STEPS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1996, 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. A public hearing was held on the conveyance of a four-foot wide tract of land from the northerly portion of Shamrock Place Apartments 3501-3560 Shamrock Place, Iowa City, Iowa to the Court Hill Owners Association. No one appeared. Moved by Lehman, seconded by Norton, to adopt RES 96-275, Bk. 116, p.275, AUTHORIZING CONVEYANCE OF A FOUR-FOOT WIDE TRACT OF LAND FROM THE NORTHERLY PORTION QF SHAMROCK PLACE APARTMENTS, 3501-3560 SHAMROCK PLACE, IOWA CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Norton, that the ordinance amending Title 14, Chapter 3, Article B, entitled "Project Specific Tap-On Fees," to clarify the notice procedures required for the adoption of a project-specific tap-on fee, be given first vote for consideration. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carded. Council Activities September 24, 1996 page 4 revised 10/8/96 Moved by Lehman, seconded by Thomberry, to adopt RES. 96-276, Bk. 116, p. 276, AUTHORIZING THE AIRPORT COMMISSION TO PROCEED WITH DEVELOPMENT OF PLANS, SPECIFICATIONS AND FORM OF CONTRACT TO CONSTRUCT ADDITIONAL HANGAR SPACE AT THE IOWA CITY MUNICIPAL AIRPORT. Airport Mgr. O'Neil 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 Norton, to defer to October 8, 1996, a resolution eliminating the Traffic Engineering Division. The Mayor declared the motion defeated, 2/5, with Kubby and Norton voting "aye". Moved by Lehman, seconded by Thomberry, to adopt RES. 96-277, Bk. 116, p. 277, AMENDING THE BUDGETED POSITIONS IN THE TRAFFIC ENGINEERING, STREETS, AND ENGINEERING DIVISIONS OF THE PUBLIC WORKS DEPARTMENT AND THE JCCOG TRANSPORTATION PLANNING DIVISION OF THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT. JCCOG Executive Director Davidson present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Novick, Thomberry, Vanderhoef, Baker, Lehman, Norton. Nays: Kubby. Absent: None. Moved by Kubby, seconded by Lehman, to defer to October 8, 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 unanimously, 7~0, all Council Members present. Moved by Norton, seconded by Lehman, to adopt RES. 96-278, Bk. 116, p. 278, APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, AND JOHNSON COUNTY REGARDING PRESERVATION OF THE CORRIDOR FOR THE EXTENSION OF HIGHWAY 965 BETWEEN HIGHWAY 6 AND HIGHWAY 1. The Mayor declared the resolution adopted, 512, with the following division of roll call vote: Ayes: Thornberry, Vanderhoef, Lehman, Norton, Novick. Nays: Baker, Kubby. Absent: None. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 96-279, Bk. 116, p. 279, AMENDING "ECONOMIC DEVELOPMENT POLICIES, STRATEGIES, AND ACTIONS FOR THE CITY OF IOWA CITY" BY ADDING INDUSTRIES/TECHNOLOGIES OPPORTUNITY LIST AND FINANCIAL ASSISTANCE ELIGIBILITY GUIDELINES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council commended the Economic Development Ad Hoc Committee for their efforts. Moved by Vanderhoef, seconded by Norton, to adopt RES. 96-280, Bk. 116, p. 280, AUTHORIZING THE MAYOR TO SIGN TO 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 resolution adopted, 6/1, with the following division of roll call vote: Ayes: Baker, Kubby, Lehman, Norton, Novick, Vanderhoef. Nays: Thornberry. Absent: None. The Mayor noted the previously announced vacancies: Housing & Community Development Commission - 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 pedod. Council Member Norton noted the suggestion made by Janelie Rettig to have Fire and Police work together on business contacts for each City establishment. The City Mgr. stated staff will follow-up. Norton requested Council consideration of a request for funds for an engineering study regarding the Hickory Hill/cemetery expansion issue. After discussion, Council directed staff to proceed with the engineering review pdor to scheduling a joint meeting with the P&R Comm. on the matter. Council Member Kubby requested staff research the issue of an environmentally friendly cemetery pdor to the joint meeting also. Council Member Baker requested the Commission also address the issue of City staying in the cemetery business. Council Activities September 24, 1996 page § Norton noted the Housing Forum scheduled for October 23, and reported on his attendance at the League of Iowa Municipalities meeting in Cedar Rapids the previous week. Council Member Kubby reminded citizens of the Citizen forum sponsored by Iowa City Press-Citizen entitled "Rebuilding Trust" scheduled September 26. She pointed out a recent Press-Citizen editorial talking about the value of preserving historic places, and stated the comments made about the Butler House were not true and encouraged the individuals to confirm information before forming an opinion. Kubby noted the two letters from the RandalIs' on the consent calendar concerning the Friendship Dr./Shamrock Drive Creek Channel Improvement Project and requested a memo from the City Engr. concerning the project and Council discussion be scheduled. Kubby requested the information concerning the City Low- Income Assistance Programs be provided in larger print for ease in analyzing the material. The Mayor stated she has requested the Human Services Director research federal program income guidelines. Council Member Lehman reported on his attendance at the gourmet dinner sponsored by "Table to Table", a new organization where chefs volunteer their labor and local restaurants and grocery stores donate food. Council Member Thornberry read a letter complimenting an Iowa City Police Officer. Thornberry stated a number of bus shelters were looking messy and requested action. After discussion Council agreed to signage at the shelters informing alders that a container is on the bus and to throw away trash in the container. Thomberry reported on a number of complaints received when a train blocked the Hwy. 6 by-pass for 26 minutes on September 16. Asst. City Atty. Mitchell stated that violates State law and recommended contacting the County Attorney. Thornberry echoed the comments made by John Balmer eadier in the evening concerning the actions of Council Member Kubby on September 10. Council Member Vanderhoef requested further clarification on the downtown signage question relating to proper name for the downtown area, Civic Plaza or City Plaza or Ped Mall. The City Mgr. stated the ordinance calls the area the City Plaza but the ordinance could be amended if Council is so inclined. Staff will follow. up. Vanderhoef clarified Council would be discussing the Capital Improvement Projects (CIP) at 7:00 p.m. on September 30, noting her interest on getting information about the trails and parks. Vanderhoef reported that the City was in the process of planting trees down at the soccer field and because the City had received such a good bid more trees could be planted. Council Member Baker thanked the City Mgr. for a copy of the Purple Ribbon Committee on property taxation and requested a copy of the report be placed in the Public Library. He reminded the public of a debate by the Iowa Debate Team at the Boyd Law School auditorium scheduled November 7 with the topic being "Resolve that Iowa City should act to revitalize its urban center". Baker reported on a City Council primary election in Seattle when his son finished fourth. The Mayor reminded citizens of the Special City Census currently underway, and the Human Rights Breakfast scheduled October 10. The City Mgr. reminded Council of the special work sessions scheduled September 30 on Capital Improvement Projects and on October 2 to finish up that discussion and fur[her discussion of the police citizen review board. Moved by Nor[on, seconded by Thomberry, to adjourn 10:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Manan K. Karr, City Clerk Nad, mi J. ~ovi~;k, Mayor clerk~cc924mln doc 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 - 9/9/96 Iowa City City Council, special meeting, 7:00 p,m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None, Moved and seconded to adjourn into ex- ecutive session to discuss strategy with coun- sel in matters that are presently in litigation or where litigation is imminent where its disclo- sure would be likely to prejudice or disadvan- tage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property, the min- utes and the tape recording of a session closed under this paragraph shall be available for pub- lic examination when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting, 9:50 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 s/MARIAN K. KARR, CITY CLERK Submitted for publication - 9/12/96 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 - 9/17/96 Iowa City CiW Council, special meeting, 7:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn 8:30 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk. s/NAOMI J. NOVICK, MAYOR s/MARIAN K' KARR' CITY CLERK ~ ~fpZ/~ Submitted for publication 9/19/96 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 proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 9/10/96 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. The Mayor proclaimed Sisters of Mercy Week - September 22-28, St. Mary Josephus accepted. The Mayor read a statement from the City Council regarding the August 30 (Eric Shaw) shooting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented. Moved and seconded 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. '[he Consent Calendar was adopted as follows: Approval of Official Council Actions of the regular meeting of August 27, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. * August 15, . Setting Public Hearings: Setting a public hearing for September 24, on the City's Consolidated Plan Annual Performance Repor~ for Fiscal Year . Setting a public hearing for September 24, on the City's Supplemental Community Development Block Grant (FLOOD) Funds Grantee Performance Report for Fiscal Year . Setting a public hearing for September 24, on the City's Community Development Block Grant (CDBG) Grantee Performance Report for Fiscal Year 1996. Permit Motions: Class C Liquor License for Brown Bottle Restaurant, 115 E. Washington St. Class C Beer Permit for Dan's Short Stop, 2221 Rochester Ave. Class C Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Class C Beer Permit for T & M Mini Mart, 2601 Hwy. 6 E. Resolutions, RES. 96-261, APPROVING COMPREHENSIVE IMPROVEMENTS Official Council Actions September 10, 1996 page 2 ASSISTANCE PROGRAM (CLAP) BUDGET. RES. 96-262, 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. Correspondence: Julia Daugherty regarding transit cuts. Patricia Vanrollins regarding Bud Stockman. Shawn Lockhart regarding animal ordinance Applications for Use of City Streets and Public Grounds: Jodi Deike (First National Bank), musical performance - August 24, approved. Earl Rogers (VFVV #3949), poppies for donations - September 6 & 7, approved. Jill Kromminga, Ginter Avenue Block Party - September 14, approved. Applications for Use of City Plaza: Rachel Zimmerman, register voters August 24, approved. Eugene Bilyk (ISKCON), distribute literature August 29-31, approved. Lisa Barnes {DTA), Sidewalk Days - September 12- 15, approved. Regenia Bailey (DVIP), Clothesline Display - October 8, approved, Regenia Bailey (DVIP), distribute literature - October 4, 10, 14, 22, and 28, 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. The Mayor declared the motion carried. The following individuals appeared regarding the August 30th {Eric Shaw) shooting: Carol deProsse, Lone Tree; Andrew Wicklander; Jeffrey Klinzman; 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; Carletha Baugh, 227 1/2 Gilbert; Tom Lewis; Ann Official Council Actions September 10, 1995 page 3 Silander; Howard Weinberg, 720 Walnut; Keith Dampstar, 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. 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 85,5 Highway 1 West. Moved and seconded 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 continuiW," for property located in the CC-2, Community Commercial zone at 855 Highway 1 West, be given first vote for consideration. The Mayor declared the motion carried. A public hearing was held on an ordinal~ce vacating the portion of St. Matthias' Street right-of-way located north of Dodge St. and St. John's Allay, located between St. Clement's Street and St. Matthias' St. Moved and seconded to accept correspondence from: Herbert Davis. The Mayor declared the motion carried. Moved and seconded the ordinance vacating a portion of Lee Street, an undeveloped right-of-way located between River Street and Otto Street, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, Chapter 6, entitled UZoning,' Article H, entitled ~Industrial Zones," Section 1, entitled UGeneral 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. Official Council Actions September 10, 1996 page 4 Moved and seconded to adopt ORD. 96- 3744, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE K, ENTITLED "ENVIRONMENTAL REGULATIONS," SECTION 1, ENTITLED "SENSITIVE AREAS ORDINANCE." Moved and seconded to adopt ORD. 96- 3745, AMENDING THE ZONING CHAPTER BY DESIGNATING 36 PROPERTIES AS IOWA CITY HISTORIC LANDMARKS. Moved by and seconded to adopt ORD. 96-3745, AMENDING CITY CODE TITLE 14, CHAPTER 6E, "ZONING," ARTICLE J, "OVERLAY ZONES," BY ADDING A NEW SECTION 5, ENTITLED "DESIGN REVIEW OVERLAY ZONE (ODR)" OF THE CITY CODE. Moved and seconded to accept correspondence from Thomas Gelman. The Mayor declared the motion carried. Moved and seconded to defer to September 24, a resolution approving a final plat of Galway Hills, Part Three. The Mayor declared the motion carried. Public discussion was held on the Economic Development Opportunity list and Financial Assistance Eligibility Guidelines. 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 and seconded to defer to September 24, 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. Moved and seconded to continue to October 8, 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. Moved and seconded to defer to October 8, 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 and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council Official Council Actions September 1 O, 1996 page 5 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, 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 this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded 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. 9G-3748, 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded 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, 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 Official Council Actions September 10, 1996 page 6 FOR HIGH SCHOOL AND YOUNGER STUDENTS, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to adopt RES. 96- 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. Moved and seconded 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 properly owners from the area subject to the Design Review Overlay Zone Ordinance. The Mayor declared the motion to amend carried. Moved and seconded to amend the by-laws by deleting the last sentence on Page 1, under Article I1, Membership. The Mayor declared the motion to amend carried. The Mayor declared the resolution and by-laws adopted as amended. Moved and seconded to adopt RES. 96- 265, AUTHORIZING THE FILING OF AN APPLICATION WiTH THE iOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT PROGRAM FUNDS. Moved seconded to adopt RES. 96-266, AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION AND THE AFSCME PAY PLAN BY ADDING THE POSITION OF COMMUNITY PROGRAMMER. Moved and seconded to defer to September 24, a resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between the City of Iowa City, iowa, the CiW 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. 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 CiW Council to allow for a 30 day advertising period. Official Council Actions September 10, 1996 page 7 Moved and seconded to adjourn 12:15 p.m. The Mayo~ 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 s/MARIAN K. KARR, CITY CLERK SuSmitted for publication 9/19/96 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 9, 1996 Iowa City City Council, special meeting, 7:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Woito, Karr. Council minutes tape recorded on Tape 96-101, Side 1. Moved by Norton, seconded by Lehman, to adjourn into 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; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property, the minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 7:03 p.m. Council returned to open session 9:47 p.m. Moved by Kubby, seconded by Norton, to adjourn the special meeting, 9:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor 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 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 AGREEMEN1 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 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 12-15, 1996, approved. Regenia Bailey (DVlP), Clothesline Display - October 8, 1996, approved. Regenia Bailey (DVlP}, 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-Odole; 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; Carletha Baugh, 227 1/2 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 855 Highway I 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. Mattbias' Street (formerly known as St. Matthias' 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 "Industrial 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 Beckoral, 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 tho area subject to the Design Review Overlay Zone Ordinance. The Mayor declared the motion to amend carried, 4/3, 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, 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 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, 7/0, 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 I~UDGETED 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, 6/1, 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 tern 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 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 Communities". 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 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 17, 1996 Iowa City City Council, special meeting, 7:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staff members present: Karr, Woito. Council minutes tape recorded on Tapes 96-108, side 1. Moved by Lehman, seconded by Thornberry, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 7:31 p.m. Council returned to open session 8:28. Moved by Kubby, seconded by Vanderhoef, to adjourn 8:30 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Naomi J. Novick, Mayor Marian K, Karr, City Clerk