The URL can be used to link to this page

Home My WebLink About1996-10-08 Minutes numberedSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 8, 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. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin, Nasby, Craig. Council minutes tape recorded on Tapes 96-123 & 124, Both Sides. The Mayor proclaimed Kelly Day - October 7, 1996; Toastmasters Day - October 8, 1996; Childhood Hunger Awareness Day - October 16, 1996, Ron Hall accepted; Economy ;~, Advertising Company Week - October 6-12, 1996, Bill Bywater accepted. The Mayor presented the Outstandin~q Student Citizen Awards to Hoover Elementary School students: Erin Alward and Emily Adamek. 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: Approval of Official Council Actions of the regular meeting of September 24, 1996, and the special meetings of September 30 and October 2, 1996, as published, subject to corrections, as recommended by the City Clerk. ~,.,~,.~ Minutes of Boards and Commissions: Historic Preservation Corem. September 10, 1996. Housing and Community Development Comm. - September ~:-~-, 12, 1996. (a) To approve the revisions to the FY97 CDBG\HOME budget as ~,~/'~:~ proposed. (b) To approve the HOME Annual Performance Report, the CDBG Grantee Performance Report, the Supplemental CDBG Grantee Performance Report, and the Consolidated Plan Annual Performance Report. P&R Comm.-September 18, 1996. P&Z Comm.-September 19, 1996. Permit Motions: Approving a Class C Liquor License for Hilltop Lounge, ~.'~r 1100 N. Dodge St. Approving a Class C Liquor License for La Casa, 1200 S. Gilbert ..~3~<~ Ct. Approving a Class B Beer Permit for Godfather's Pizza, 207 E. Washington St. Approving a Class B Beer Permit for Godfather's Pizza, 531 Hwy. 1 West. Approving a Class C Beer Permit for Kirkwood 76, 300 Kirkwood Ave. Approving a ,~-'-'~-~5 Class E Beer Permit for QuikTdp #548, 955 Mormon Trek Blvd. Approving a Class C Beer Permit for Millermart, Inc., 2303 Muscatine Ave. Approving a Class C Beer ~ Permit for Dell Mart #1, 525 Hwy. I West. ~ ~5~. Motions: Approve disbursements in the amount of $11,426,299.17 for the_,;~__ period of August 1 through August 31, 1996, as recommended by the Finance Director subject to audit. Approve revisions to the FY97 Annual Action Plan Budget for Community Development Block Grant and Home Investment Partnership Program funds. Resolutions, Bk. 116: RES. 96-281, p. 281, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 803 EAST CHURCH STREET, IOWA CITY, IOWA. RES. 96-252, p. 282, APPROVING COMPREHENSIVE_~;~_ IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) AMENDMENT #17 TO THE Council Activities October 8, 1996 Page 2 CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC-9166. RES. 96-283, p. 283, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINES, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR THE EAST HILL SUBDIVISION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. ---~-~----- Correspondence: Wilfreda Hieronymus regarding downtown. Neighbors of ~'~-~ Sycamore Street regarding 1418 Sycamore Street. (Memorandum from City Manager included.) Curt and Nancy Skay regarding 828 St. Anne's Drive, Gary ~.~ Watts and John Moreland regarding extension of Court Street. John Gross regarding- downtown beautification. Charles Gumey regarding animal control ordinance. Michael Brodt regarding animal control ordinance. Grace Trifaro regarding animal control ordinance. Grace Trifaro regarding exotic/wild animals. Susan Goodnet, M.D., regarding pigeons. Benn Dunnington regarding Shaw shooting incident. Steve .~'~7~'~ Hendrix and Dianne Kaufman regarding Shaw shooting incident. Betty McKray ~.:~.~ regarding Shaw shooting incident. Notice of Purchase of Equipment from the ~:~_ Purchasing Division, Richard Dolezal regarding Oakland Cemetery expansion. David Baldus regarding Police Citizen Review Bd. Applications for Use of City Streets and Public Grounds: Grace Trifaro (Citizens for Animal Rights and the Environment) for the purpose of distributing literature - September 23, approved. Joy Kelly (Regina High School) for the purpose ,~7~ of Regina Homecoming Parade - September 27, approved. Lissa Novitch (American ,'~,'~'~7~ Diabetes Association) for the purpose of Walktoberfest - October 6, approved. Robin Butler (Northside Marketplace) for the purpose of Northside Marketplace Street Festival - October 13, approved. Applications for Use of City Plaza: Kevin Butt (Conner Center) for purpose of ,'~),~) fundraising - October 3, 1996, approved. Eugene Bilyk (ISKCON) for the purpose of '-~'~J~l distributing literature - September 30 - October 2, approved. Cass Kernstine (OId~ Capitol Skaters' Alliance) for the purpose of selling Chamber of Commerce coupon books - October 4, approved. Joseph Ditto for the purpose of selling hand-crafted ~,-~ blankets and sweaters {Ambulatory Vending Permit for remainder of 1996 season), approved. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jim Throgmorton, 715 N. Linn, appeared regarding the Shaw shooting. Dan Tiedt, PIP Printing, requested Council consideration of a storm sewer project, in conjunction with the sanitary sewer project already planned next spring in the Highland Avenue area. Staff will follow up on Mr. Tiedt's request. Ken Mobily, Senior Center Commissioner, updated ,~'~ Council on the activities at the Center. Rene Paine, 823 Ronalds, thanked Council for the vote approving the contract with PATV and distributed copies of the current newsletter. Carol de Prosse appeared concerning the Shaw shooting. John Balmer, 10 Princeton Ct., ---~,~' appeared concerning the new water treatment plant. '~-~;~ Moved by Kubby, seconded by Norton, to set a public hearing for October 22,. 1 996, on an ordinance amending Title 14, Chapter 7, entitled "Land Subdivisions," Article A, entitled "General Subdivision Provisions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within two miles of the City's boundaries. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Activities October 8, 1996 Page 3 Moved by Vanderhoef, seconded by Lehman, to set a public hearing for October 22,., _~'~_ 1996, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section 1, entitled "Permitted Accessory Uses and Buildings," to allow satellite receiving devices smaller than one meter in diameter in any yard or on the roof of any structure in residential areas. Council requested information concerning the federal regulations that require City compliance prior to the public hearing. The Mayor declared the motion carried unanimously, 6/0, Baker absent. Moved by Norton, seconded by Thornberry, to set a public hearing for October 22, 1996, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," Subsection 4, entitled "Special Exceptions," to allow communications towers as a special exception in the P, Public zone. Council requested information concerning any federal regulations concerning this matter prior to the public hearing. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Norton, to set a public hearing for October 22. 1996, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to add definitions associated with wireless communications facilities, including "communications tower," "communications equipment building," and "communications station." The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman, to combine item 6e. a public hearing on a resolution approving the voluntary annexation of approximately 7.12 acres located west of Dubuque Street and south of the Iowa River (Glasgow); and item 6f. a public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations of approximately 7.12 acres 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, 7/0, all Council Members present. No one appeared. Moved by Lehman, seconded by Norton, that the ordinance vacating the portion of '~,~'~z~ 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. Mattbias' St. (Roberts Home Town Dairy), be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Vanderhoef, to adopt ORD. 96-3751, Bk. 39, p. 45, VACATING A PORTION OF LEE STREET, AN UNDEVELOPED RIGHT-OF-WAY LOCATED BETWEEN RIVER STREET AND OTTO STREET (Barkan). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Thornberry, seconded by Lehman, to adopt ORD. 96-3752, Bk. 39, p. 46, ,~.~r7 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Norton, seconded by Lehman, to adopt RES. 96-284, Bk. 116, p. 284, APPROVING A FINAL PLAT OF GALWAY HILLS, PART THREE, A 21.29 ACRE, 53-LOT RESIDENTIAL SUBDIVISION LOCATED SOUTH OF GALWAY DRIVE AND EAST OF HIGHWAY 218, IOWA CITY, IOWA. Council indicated that the issue of tap on fees would be discussed at a later time after staff has prepared a site specific ordinance. The Mayor CouncJ! Activities October 8, 1996 Page 4 declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Norton, Novick, Thornberry, Vanderhoef, Kubby, Lehman. Nays: Raker. Absent: None. Moved by Lehman, seconded by Thornberry, to adopt RES. 96-285, Bk. 116, p. 285, APPROVING THE FINAL PLAT OF HUNTERS RUN, PART 8, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Kubby, to adopt RES. 96-286, Bk. 116, p. 286, RESCINDING THE PRELIMINARY PLAT OF SADDLEBROOK ADDITION AND THE FINAL PLAT OF SADDLEBROOK ADDITION, PART ONE, IOWA CITY, IOWA. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 96-287, Bk. 116, p. 287, APPROVING PRELIMINARY PLAT OF SADDLEBROOK ADDITION AND A FINAL PLAT OF SADDLEBROOK ADDITION, PART 1, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Thornberry, to forward a letter to the Johnson County Board of Supervisors recommending approval of a request to rezone 38.22 acres located on the west side of Prairie Du Chien Road, approximately 1/4 mile north of Newport Road from A1, Agricultural, to RS-3, Suburban Residential. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Lehman, seconded by Thornberry, to defer to October 22, 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 Lehman, seconded by Vanderhoef, to continue to October 22, 1996, public hearing on 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 unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Lehman, to defer to October 22, 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 unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance correcting Ordinance No. 84-3219, vacating a forty-foot portion of the alley right-of-way running north-south between Harrison Street and Prentiss Street abutting the east side of the property located at 522 South Dubuque Street. No one appeared. Moved by Lehman, seconded by Thornberry, that the ordinance correcting~,~7 Ordinance No. 84-3219, vacating a forty-foot (40') portion of the alley right-of-way running north-south between Harrison Street and Prentiss Street and abutting the east side of the property located at 522 South Dubuque Street, 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 Norton, seconded by Kubby, 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 finally be passed be suspended, the second consideration and vote be waived, and that ORD. 96-3753, Bk. 39, p. 47, AMENDING TITLE 14, CHAPTER 3, Council Activities October 8, 1996 Page 5 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 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 Norton, 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 Kubby, seconded by Lehman, that the ordinance correcting Ordinance No.. 96-3744 in order to accurately renumber and reletter the ending subsections of the Sensitive Areas Development Plan Design Guidelines section of the Sensitive Areas Ordinance, be given first vote for consideration. Council requested clarification of L14 on Page 7 of the explanatory memo as to whether it was a whole new section of the ordinance or simply a renumbered section prior to second consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Norton, to adopt RES. 96-288, Bk. 116, p. 288, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY PUBLIC LIBRARY (add 1 library coordinator and .25 public services clerk, and delete 1 public services clerk) Library Director Craig 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 adopt RES. 96-289, Bk. 116, p. 289, ~;/'~1 CONFIRMING TCI CABLEVISION'S REQUESTED RATE INCREASE AND ESTABLISHING TCI CABLEVISION'S "MAXIMUM PERMITTED RATE" FOR BASIC CABLE SERVICE. Asst. City Mgr. Helling present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Kubby, to appoint Sandy Kuhlmann, 1030 E. ~L~I College St., to the Housing & Community Development Commission to fill an unexpired term ending September 1, 1997. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Baker reminded citizens of the University of Iowa debate scheduled ~'-~'~ November 7 at the Law School Auditorium concerning the question "Should Iowa City I.~ renovate its downtown". Baker questioned whether all public hearings could be set on the '-~[ Consent Calendar. Staff will follow up. In response to Baker, the City Manager stated he would provide information addressing the graffiti problem within 30 days. Council Member Vanderhoef reported that staff was following up on the railroad crossing at Lafayette and Clinton and the train blocking/delays on Hwy. 6. The Mayor presented a birthday card to Council Member Thornberry. Council Member Kubby noted two events scheduled in the city on Sunday, October 13. First the Hospice Road Race scheduled in the morning the second the Northside ~L]I Marketplace street fair in the afternoon. Council Member Norton reported the Council subcommittee (Norton and Kubby) meeting with the Student Senate and their desire to schedule a joint meeting with the Council and Student Senators before the end of the year. The Mayor outlined the Robert Wood Johnson Foundation grant just received by the University and the City to reduce binge drinking among the student population; stated a summary report of the City's internal investigation of the Shaw shooting is available; Reno Street park has a new picnic plaza; complimented the Fire Department on the open house held the previous Sunday; noted the City Special Census was in its final stage and urged citizens who had not been contacted to call the Census Office at 338-1234; and stated Council Activities October 8, 1996 Page 6 City employees were going to help senior citizens prepare their homes for winter, do leaf raking, storm window installation, gu~[er cleaning, and general coordination for a cleanup day on November 2. The City Attorney reported she would be presiding as Chairman of the Continuing 3LJc~7 Education Legal Education Committee for the Environmental Law section of the Bar Association at their seminar scheduled October 17-18 in Amana. In'addition she will be ~L/~/,(~ presenting "Nationwide Wetlands Permits and Archeology and Historic Preservation and How To Avoid Work Orders". Moved by Vanderhoef, seconded by Norton, to adjourn 9:03 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr, City Clerk CITY 0~. IOWA ~ITY INFORMATION PACKET October 4, 1996 OCTOBER 7 WORK SESSION AGENDA ITEMS IP1 IP2 Memorandum from Director, Planning & Community Development: Parking Impact Fee &~.~c~ Parking Facility Location Near Southside Memorandum from Council Member Baker: Changes in State Election Laws MISCELLANEOUS ITEMS IP3 IP4 IP5 IP6 IP7 IP8 IPg IP10 IPl 1 IP12 IP13 IP14 IP15 IP16 Memorandum from City Manager: Memorandum from City Attorney: Regarding Police Citizen Review Board Memorandum from Assistant City Attorney: Ordinance Sensitive Areas Ordinance- Water Plant Project Information from Professor Baldus, College of Law,_~_ Update on the Proposed Animal Status of Railroad Crossing at Clinton and,'~/~, Memorandum from Assistant City Attorney: Lafayette Memorandum from Finance Director: Water and Wastewater Rate Increase for March 1997 Memorandum from City Clerk: Proposed Meeting Schedule for Remainder of the Year Memorandum from City Clerk: Quorum Attendance Memorandum from City Clerk: 1996 Congress of Cities Memorandum from City Clerk: Access Local Government Memorandum from City Clerk: Council Work Session - September 23, 1996 Memorandum from City Clerk: Council Work Session - September 30, 1996 Memorandum from Finance Director to City Manager: of Yard Waste Bags and Recycling Containers Note from Mayor to Lt. Sellers: Internal Investigation Note from Mayor to Lt. Fort: Internal Investigation State of Iowa Sales Tax on Sale IP17 Memorandum from Director Public Works to City Manager: Galway Hills Subdivision, Part III- Sanitary Sewer Tep-On Fee ~L~L/ IP18 IPlg IP20 IP21 IP22 IP23 IP24 IP25 IP26 IP27 IP28 IP29 Letter from Monday Forum to City Manager: Graffiti in Downtown Iowa City Letter from Edwin Barker to City Manager: Silurian Wells Letter from Jill Routier to Police Chief: Police Department Letter from Ansel Chapman to Police Chief: Police Department Letter from CJty Manager to Kirk Deutsch: Traffic Violation Memorandum from City Engineer to City Manager: City Architect/Energy Coordinator Letter from Director Parking and Transit to Julie Fuhrmeister (in addition to her letter): West Side Drive Letter from Community Development Coordinator to Iowa City Residents: Communi~qs~ Housing Forum Letter from Housing Administrator to John Phillips: 1996 Public Housing Management Assessment Program (PHMAP) Email from John Nesbitt to jc-news: Citizen Participation Real Issue in Kubby Rhubarb ~_~L~..~ September 1996 Building PermitInformation Highlight of SafeDrinking Water ActS-1316 (Arkins) Memo from City Attorney regarding partial litigation update, Agenda for the 10/8 Informal meeting of the Board of Supervisors. Summary of Internal Affairs Investigation - the Death ~f Eric Shaw. Information regarding Clean-up, Battery-up Day 11/2/96. 2 October 4. 1996 Information Packet