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HomeMy WebLinkAbout1996-10-22 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 22, 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: Arkins, Helling, Woito, Karr, Miklo. Council minutes tape recorded on Tapes 96-126, Both Sides; 96-128, Side 1. The Mayor presented Outstanding Student Citizen Awards to Helen Lemme Elementary School: Josh Boehm, Alex Nerad, Devin Seemuth, Karl Stevens. The Mayor presented the Certificate of Achievement for Excellence in Fi- nancial Reporting for the Fiscal Year Ending June 30, 1995 to the City of Iowa City Department of Finance. Finance Director Yucuis accepted. The Mayor welcomed a journalism class from the University to the meeting. Moved by Norton, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the special meeting of October 7, 1996, and the regular meeting of October 8, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - September 11, 1996. Airport Comm. - September 12, 1996. P&Z Comm.- October 3, 1996. Permit Motions: Approving a Class C Liquor License for The Que, 211 Iowa Ave. Approving a Class E Beer Permit for Eagle Food Center #157, 600 N. Dodge St. Approving a Class E Beer Permit for Eagle Food Centers #220, 1101 S. Riverside Dr. Approving a Class C Liquor License for Soho's, 1210 Highland Ct. Approving a refund for a unused portion of a Class C Liquor License for Soho's, 1210 Highland Ct. Approving a Class C Liquor Li- cense for Maxie's, 1920 Keokuk St. Approving a Class B Beer Permit for Duds N Suds, 5 Sturgis Dr. RES. 96-290, Bk. 116, p. 290, TO ISSUE DANCING PERMITS. Motions: Approve disbursements in the amount of $12,577,764.79 for the period of September 1 through September 30, 1996, as recom- mended by the Finance Director subject to audit. Resolutions, Bk. 116: RES. 96-291, p. 291, AUTHORIZING APPLI- CATION FOR AN ECONOMIC DEVELOPMENT AND SUPPORTIVE SERVICES (EDSS) GRANT. RES. 96-292, p. 292, AUTHORIZING EXECUTION OF CON- SOLIDATED ANNUAL CONTRIBUTIONS CONTRACT, RENTAL CERTIFICATE AND RENTAL VOUCHER PROGRAM. PROJECT NOS. IA022CEO022, IA022CEO023, AND IAO22CE0024. RES. 964293, p. 293, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART SEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 96-294, p. 294, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RE- HABILITATION AGREEMENT, A LOW-INTEREST PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 907 EAST DAVENPORT STREET, IOWA CITY, IOWA. RES. 96-295, p. 295, AUTHORIZING THE Council Activities October 22, 1996 page 2 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER EASEMENT AGREEMENT FOR LOTS 22, 23, 34 AND 35 OF WEST SIDE PARK ADDITION, IOWA CITY, IOWA. RES. 96-296, p. 296, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PUBLIC WALKWAY-FIRELANE EASEMENT LOCATED ON LOT 79, WAL- DEN WOOD PART 7, AN ADDITION TO THE CITY OF IOWA CITY, IOWA. Correspondence: Debora Liddell regarding Parks and Recreation Commission. James and Joanna Clancy regarding signalization of North Dodge and North Dubuque Road. Janet Goetz regarding pigeon squabble. Curt and Nancy Skay regarding 828 St. Anne's Drive. John Else regarding citizen review boards. Sonia Ettinger regarding Shaw shooting incident. Benn Dunnington regarding Shaw shooting incident. Benn Dunnington re- garding scam warning. Penny Cazanas regarding Shaw shooting incident. Larry Eastham regarding Shaw shooting incident. Stephen Greenleaf regard- ing elderly family housing. ~l~'-A- ~ .... .~v; .v~.J~.~ ~X~,..~ ~ '~ ~"~._5 ,~/ ~ Bill & Barbara Meredith regarding Friendship/Shamrock Creek Improve- ments. Applications for Use of City Streets and Public Grounds: Jenny Schulz (U of I College of Law), Equal Justice Foundation 5K Walk/Run - November 3, 1996, approved. Applications for Use of City Plaza: Stephen Golf (I.C. Astronomy Club), astronomical observation - October 18, 1996, approved. Julie Sram- per (Old Capitol Mall), Santa's Arrival - November 24, 1996, approved. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Don Freidinah, rural Iowa City, appeared regarding the Eric Shaw shooting incident. Moved by Lehman, seconded by Norton, to set a public hearing for Novem- ber 4, 1996, on an ordinance amending Title 14, Chapter 6, Article J, entitled "Overlay Zones," Section 2, entitled "Planned Development Housing Overlay Zone (OPDH)," subsection D, entitled "Regulations," to indicate that parking reductions may be approved for non-residential uses as part of a Sensitive Areas Overlay re- zoning. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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 subdi- visions located within two miles of the City's boundaries. No one appeared. Moved by Kubby, seconded by Lehman, to combine the following three items: 5c. public hearing 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; 5d. public hearing 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, Pub- lic zone; 5e. public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to add definitions associated Council Activities October 22, 1996 page 3 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. Asst. City Mgr. Helling and Senior Planner Miklo present for discussion. No one ap- peared. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 96-297, Bk. 116, p. 297, APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 7.12 ACRES LOCATED WEST OF DUBUQUE STREET AND SOUTH OF THE IOWA RIVER (Glasgow/Water Plant). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, that the ordinance amending the Zoning Ordinance by changing the use regulations of approximately 7.12 acres lo- cated west of Dubuque Street and south of the Iowa River, from County RS, Sub- urban Residential, to P, Public (Glasgow/Water Plant), be given first vote for con- sideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Lehman, to defer indefinitely an ordinance vacating the portion of St. Mattbias' Street (formerly known as St. Mattbias' al- ley), right-of-way located north of Dodge St. and St. John's alley, located between St. Clement's Street and St. Mattbias' St. (Robert Home Town Dairy). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Thornberry, to adopt RES. 96-298, Bk. 116, p. 298, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF MEADOW VIEW SUBDIVISION, JOHNSON COUNTY, IOWA. Individual Council Members ex- pressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Vanderhoef, to adopt a resolution approv- ing a preliminary and final plat of a resubdivision of a portion of lots 5 and 6, Ja- cob Ricord's subdivision. Senior Planner Miklo present for discussion. The ing individuals appeared: Clifton Young, 1124 Dodge St. Ct.; Oscar Graham, 1130 Conklin Lane; Elaine Dockery, 1110 Conklin Lane; Stephen Wootton, 1131 Dodge St. Ct.; Mary Lou Emery, 1331 Dodge St. Ct.; John Maoindoe; and Pat Ed- berg, 1380 N. Dodge Ct. After discussion, Council directed staff to contact the applicant to seek permission to defer until the next Council meeting, thus waiving the sixty clay limitation period. Moved by Kubby, seconded by Lehman, to table the resolution to the end of the meeting. (Item discussed after item #11, adoption of Res. 96-301.) The Mayor declared the motion carried unanimously, 710, all Council Members present. Moved by Lehman, seconded by Thornberry, to table a motion to accept a recommendation that a no-parking zone be established on North Dodge Court, to the end of the meeting. (Item discussed after item #11, adoption of Res. 96-301.) The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Lehman, to adopt RES. 96-299, Bk. 116, p. 299, APPROVING A FINAL PLAT OF MEADOW RIDGE, PART 2, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Council Activities October 22, 1996 page 4 Moved by Thornberry, seconded by Lehman, to defer to November 19, 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 ex- tended and golf course changes in connection with the new water treatment plant. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on a resolution authorizing the conveyance by sale and/or lease of land adjacent to the Elks Golf and Country Club. No one ap- peared. Moved by Kubby, seconded by Norton, to continue the public hearing, and to defer a resolution authorizing the conveyance by sale and/or lease of land adjacent to the Elks Golf and Country Club to November 19, 1996. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Norton, that the rule requiring ordi- nances 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. 96-3754, Bk. 39, p. 48, COR- RECTING 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 PROP- ERTY LOCATED AT 522 SOUTH DUBUQUE STREET, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members pres- ent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, 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 Baker, seconded by Vanderhoef, that the rule requiring ordi- nances 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. 96-3755, Bk. 39, p. 49, COR- RECTING ORDINANCE NO. 96-3744 IN ORDER TO ACCURATELY RENUMBER AND RELETTER THE ENDING SUBSECTIONS OF THE SENSITIVE AREAS DEVEL- OPMENT PLAN DESIGN GUIDELINES SECTION OF THE SENSITIVE AREAS ORDI- NANCE, be voted on for final passage at this time. Affirmative roll call vote unaf~i- mous, 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 resolution adopted. Moved by Lehman, seconded by Norton, to adopt RES. 96-300, Bk. 116, p. 300, AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASE- MENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUC- TION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE. Moved by Kubby, to amend the resolution by striking the Section 4, Page 2, dealing with condemnation. The motion died for lack of a sec- ond. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. Nays: Kubby. Absent: None. Moved by Norton, seconded by Baker, to adopt RES. 96-301, Bk. 116, p. 301, RATIFYING SETTLEMENT OF PENDING LITIGATION ($5,000 to West Side Council Activities October 22, 1996 page 5 Company). Affirmative roll call vote unanimous, 7/0, all Council Members present, The Mayor declared the resolution adopted. Moved by Kubby, seconded by Norton, to remove from the table previously tabled items 5j. (a resolution approving a preliminary and final plat for Jacob Ri- cord's Subdivision) and 5k. (a recommendation regarding no-parking on North Dodge Ct.) The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Senior Planner Miklo reported that the applicant declined to waive the sixty day limitation period ending October 28. Moved by Kubby, sec- onded by Norton to defer, until a special Council meeting at 6:00 p.m., Monday, October 28, 1996,(at a meeting location to be announced) a resolution approving a preliminary and final plat of a resubdivision of a portion of lots 5 and 6, Jacob Ricord's Subdivision, a 1.26 acre, 6-lot residential subdivision, located south of North Dodge Court and east of Dodge Street; and a recommendation from the Planning and Zoning Commission that a no-parking zone be established on North Dodge Ct. The Mayor declared the motion to defer both items carried unani- mously, 7/0, all Council Members present. The Mayor repeated the special meet- ing on this matter would be held at 6:00 p.m. on October 28, 1996. The Mayor noted the current vacancies: Bd. of Adjustment - One vacancy to fill a five-year term ending January 1, 2002; Bd. of Appeals - One vacancy to fill a five-year term ending December 31, 2001; Human Rights Comm. - Three vacan- cies to fill three-year terms ending January 1, 2000; P&R Comm. - Two vacancies to fill four-year terms ending January 1, 2001, and one vacancy to fill an unex- pired term ending January 1, 1998; St. Center Comm. - Two vacancies to fill three-year terms ending December 31, 1999; P&Z Comm. - one vacancy to fill a five month unexpired term in addition to a five-year term ending May 1, 2003. These appointments will be made at the December 3, 1996, meeting of the City Council. Council Member Norton requested Council schedule joint meetings with Uni- versity representatives, Johnson County, School Board and the City of Coralville regarding issues of common concern. After discussion Council requested meet- ings be set-up with the County and the University within the next few months. Council Member Norton and Kubby will continue to work on possible meeting dates with the University Student Senate. Norton noted comments at a previous Council meeting from Dave Tiedt regarding the Highlander Avenue storm sewer project anbl questioned the status of his request. The City Mgr. reported that staff had prepared a report for Council and it would be available by the end of the week. Norton requested that Council schedule further discussion on the "deer" is- sue soon. Council Member Kubby noted the memo from Adm, Asst, Handshaker outlin- ing the employee art fund established from proceeds from the City vending room and thanked Handshaker, Purchasing Agent Eisenhofer, and Information Desk Staf- fer Sinnott for their help, Kubby encouraged the art fund explore Council Cham- bers for future wall art. The City Mgr. reported that he was working with staff on converting the Council Chambers to meeting room space. Council Member Lehman reported on the retirement party for University of Iowa track coach Ted Wheeler, noting his contributions to the quality of life in this community. Council Activities October 22, 1996 page 6 Council Member Vanderhoef congratulated the Parks and Recreation Com- mission and staff for their successful application to receive REAP grant monies ($142,000) for the reconstruction of the Iowa River Power footbridge and trail out into the peninsula. Council Member Baker asked when the Council would be discussing the lat- est proposal for a Police Citizen Review Board. After discussion Council directed staff to add a separate item for Council discussion of the proposal on their formal special meeting agenda of November 4. Mayor Novick reminded citizens that the Special Census is in its final phase. Anyone who has not been counted should complete a mail-in Census form. Forms will be available in the Iowa City Press Citizen on Saturday, October 26, and Wednesday, October 30. Additional forms are available in the main lobby of the Civic Center, 410 East Washington Street, or at the Public Library, 123 Linn Street. She encouraged citizens to call the City Clerk's office with any questions. The Mayor noted the Community Housing Forum scheduled October 23. City Mgr. Arkins noted the traffic signal and mast arms at the intersection of Dodge and Burlington had been painted dark green and asked for input prior to proceeding with other signals. Moved by Lehman, seconded by Thornberry, to adjourn into executive ses- sion 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. This action is being taken pursuant to the emergency provision of the Code of Iowa, Section 21.4(2) for good cause where 24 hour notice is impossible or impractical, namely litigation strategy that requires timely action. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Lehman, seconded by Kubby, to adjourn 10:00 p.m. The Mayor declared the motion carried unanimously, 4/0, Lehman, Kubby, Norton, Novick present. Marian K. Karr, City Clerk Nadtrn~ J. ~o~ck, Mayor Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 10/7/96 Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayor Novick pre- siding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thomberry, Vanderhoef. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in mattera 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 dis- cussed is completed. 'The Mayor declared the motion carded. Moved and seconded to recess the spe- cial meeting, 7:10 p.m. The Mayor declared the motion carded. Council held a regular work ses- sion. After the conclusion of the work session, the Mayor reconvened the special meeting for the purpose of returning to executive session 10:15 p.m. The Mayor declared the motion carded. Moved and seconded to adjourn the spe- cial meeting 10:40 p.m. The Mayor declared the motion. 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 10/10/96. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. OFFICIAL COUNCIL ACTIONS - 10/8/96 The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ 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, Venderhoer, Absent: None. The Mayor proclaimed Kelly Day - October 7; Toastmasters Day - October 8; Childhood Hunger Awareness Day - October 16, Ron Hall accepted; Economy Advertising Company Week - October 6-12, Bill Bywater accepted. The Mayor presented the Outstanding Student Citizen Awards to Hoover Elementary School students: Erin Alward and Emily Ariareek, Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of September 24, and the special meetings of September 30, and October 2, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Cornre. - September 10. Housing and Community Development Cornre. September 12. {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. P&Z Corem. - September 19. Permit Motions: Class C Liquor License for Hilltop Lounge, 1100 N. Dodge St. Class C Liquor License for La Casa, 1200 S. Gilbert Ct. Class B Beer Permit for Godfather's Pizza, 207 E. Washington St. Class B Beer Permit for Official Council Actions October 8, 1996 Page 2 Godfather's Pizza, 531 Hwy. 1 West. Class C Beer Permit for Kirkwood 76, 300 Kirkwood Ave. Class E Beer Permit for OuikTrip //548, 9§5 Mormon Trek Blvd. Class C Beer Permit for Millermart, Inc., 2303 Muscatine Ave. Class C Beer Permit for Dell Mart #1,525 Hvvy. 1 West. Motions: Approve disbursements in the amount of $11,426,299,17 for the period of August 1 through August 31, 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: RES. 96-281, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'CrEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 803 EAST CHURCH STREET, IOWA CITY, IOWA. RES. 96-282, APPROVING COMPREHENSIVE iMPROVEMENTS ASSISTANCE PROGRAM (CLAP) AMENDMENT #17 TO THE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC- 9166. RES. 9§-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. 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 Gurney regarding animal control ordinance. Michael Brodt regarding animal control ordinance. Grace Trifaro regarding animal control ordinance. Grace Trifaro regardilzg exotic/wild animals. Susan Goodher, M.D., regarding pigeons. Benn Official Council Actions October 8, 1996 Page 3 Dunnington regarding Shaw shooting incident. Steve 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 of Regina Homecoming Parade - September 27, approved. Lissa Novitch (American 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 Burr (Conner Center) for purpose of fundraising - October 3, approved. Eugene Bilyk (ISKCON) for the purpose of distributing literature - September 30 - October 2, approved. Cass Kernsfine (Old 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 seasonl, approved. 1'he 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. 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 Prosee appeared concerning the Shaw shooting. John Balmer, 10 Princeton Official Council Actions October 8, 1996 Page 4 Ct., appeared concerning the new water treatment plant. Moved and seconded to set a public hearing for October 22, 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. Moved and seconded to set a public hearing for October 22, 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. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 22, 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. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 22, 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. Moved and seconded 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; 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 CounW RS, Suburban Residential, to P, Public. The Mayor declared the motion carried. Moved and seconded that the ordinance vacating the portion of St. Matthies' Street (formerly known as St. Matthies' Alley), right-of-way located north of Official Council Actions October 8, 1996 Page 5 Dodge St. and St. John's Alley, located between St, Clement's Street and St. Matthias' St., be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 96-3751, VACATING A PORTION OF LEE STREET, AN UNDEVELOPED RIGHT-OF-WAY LOCATED BETWEEN RIVER STREET AND O'l-r O STREET. Moved and seconded to adopt ORD. 96-3752, 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. Moved and seconded to adopt RES. 96-284, 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. Moved and seconded to adopt RES. 96-285, APPROVING THE FINAL PLAT OF HUNTERS RUN, PART 8, IOWA CITY, IOWA. Moved and seconded to adopt RES. 96-286, RESCINDING THE PRELIMINARY PLAT OF SADDLEBROOK ADDITION AND THE FINAL PLAT OF SADDLEBROOK ADDITION, PART ONE, 10WA CITY, IOWA. Moved and seconded to adopt RES. 96-287, APPROVING PRELIMINARY PLAT OF SADDLEBROOK ADDITION AND A FINAL PLAT OF SADDLEBR00K ADDITION, PART 1, IOWA CITY, IOWA. Moved and seconded to forward a letter to the Johnson County Board of Supervisors recommending approval of a request to fezone 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. Moved and seconded to defer to October 22, 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. Official Council Actions October 8, 1996 Page 6 Moved and seconded to continue to October 22, a public hearing on a resolution authorizing conveyance by sale and/or lease of land adjacent to the Elks Golf and Countr,/ Club. The Mayor declared the motion carried. Moved and seconded to defer to October 22, 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. 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. Moved and seconded that the ordinance correcting 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. 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 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, 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 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 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 96-288, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY PUBLIC LIBRARY. Official Council Actions October 8, 1996 Page 7 Moved and seconded to adopt RES. 96-289, CONFIRMING TCI CABLEVISION'S REQUESTED RATE INCREASE AND ESTABLISHING TCI CABLEVlSlON'S "MAXIMUM PERMITTED RATE" FOR BASIC CABLE SERVICE. Moved and seconded to appoint Sandy Kuhlmann, 1030 E. College St., to the Housing & Community Development Commission to fill an unexpired term ending September 1, 1997. The Mayor declared the motion carried. Moved and seconded to adjourn 9:03 p.m. The Mayor declared the motion carried. For a more detailed & complete description of Council Activities & Disbursements, see the Office of the City Clerk and Finance Department. s/NAOMI J. NOVlCK, MAYOR s/MARIAN K. KARR, CITY CLERK Submitted for publication October 17, 1 996. cclerklcc1008.nws Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 7, 1996 Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayor Novick pre- siding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef (6:03 p.m.) Absent: None. Staffmembers present: Woito, Karr. Council minutes tape recorded on Tape 96-122, Side 1. Moved by Lehman, seconded by Norton, to adjourn to executive session to discuss strat- egy 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 disclo- sure 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 para- graph 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 6:05 p.m. Council returned to open seesion 7:05 p.m. Moved by Norton, seconded by Lehman, to recess the special meeting, 7:10 p.m. The Mayor declared the motion carded unanimously, 7/0, all Council Members present. Council held a regular work session, After the conclusion of the work session, the Mayor reconvened the special meeting for the purpose of returning to executive session 10:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council returned to open session 10:35 p.m. Moved by Lehman, seconded by Thomberry, to adjourn the special meeting 10:40 p.m. The Mayor declared the motion carded, 6/0, Baker absent. Naomi J. Novick, Mayor Madan 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 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 Outstanding 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 Comm. 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 Licens~ for Hilltop Lounge, 1100 N. Dodge St. Approving a Class C Liquor License for La Casa, 1200 S. Gilbert 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 Class E Beer Permit for QuikTrip #548, 955 Mormon Trek Blvd. Approving a Class C Beer Permit for Millermart, Inc., 2303 Muscatine Ave. Approving a Class C Beer Permit for Deli Mart 81, 525 Hwy. 1 West. 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. 96-282, 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 Gurne¥ regarding animal control ordinance. Michael Brodt regarding animal control ordinance, Grace Trifaro regarding animal control ordinance. Grace Trifaro regarding exotic/wild animals. Susan GOOdher, M,D., regarding pigeons. Benn Dunnington regarding Shaw shooting incident. Steve 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 of Regina Homecoming Parade - September 27, approved, Lissa Novitch (American 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 Burr (Conner Center) for purpose of fundraising - October 3, 1996, approved. Eugene Bilyk (ISKCON) for the purpose of distributing literature - September 30 - October 2, approved. Cass Kernstine (Old 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 activ. ities 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, 1996, 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, 1 996 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/O, 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 St. Mattbias' 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), be given second vote for consideration. Affirmative roll call vote unanimous, 710, 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 0RD. 96-3752, Bk. 39, p. 46, 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 Council 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: Baker. 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, 10WA 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, 7/0, 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, 7~0, 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 fezone 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 Counc!l Members present. Moved by Lehman, seconded by Vanderhoef, to continue to October 22, 1996, a 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 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 0RD. 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, 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. 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 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 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, gutter cleaning, and general coordination for a cleanup day on November 2. The City Attorney reported she would be presiding as Chairman of the Continuing 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 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