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HomeMy WebLinkAbout1996-11-19 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 NOVEMBER 19, 1996 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Vanderhoef. Absent: Thornberry. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin, Handsaker, Yucuis, Moreno, Gannon. Council minutes tape recorded on Tapes 96-137, Both Sides; and 96-138, Side 1. Moved by Lehman, seconded by Vanderhoef, to adjourn to executive session 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; and 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, 6/0, Thornberry absent. The Mayor declared the motion carried. Council returned to open session 7:02 p.m. M~yor Novick acknowledged members present for the Eric Shaw candlelight vigil and noted their remarks would be presented at that time. Dianne Kaufman and Jim Shaw presented statements. The Mayor proclaimed City High Little Hawks Boys' Cross Country Team Recognition Day - November 20, 1996. Coach Bud Williams and team members accepted; World AIDS Day - December 1, 1996. Joe Kayser, Linda Yanney, and Joe Wilson accepted. The Mayor presented the Outstanding Student Citizen Awards: Lincoln Elementary School: Allison Felder; Longfellow Elementary School: Gabe Middaugh, Julie Rabb, Anne Sullivan, Hanna Yeager. Moved by Lehman, seconded by Norton, that the following items and recommendations in the Consent Calendar be received, or adopted, and/or adopted as amended: Approval of Official Council Actions of the special meeting of November 4, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Broadband Telecomre. Corem. September 30, 1996. Bd. of Adjustment - October 9, 1996. P&Z Comm. - October 17, 1996. Design Review Comm. - October 28, 1996. Bd. of Library Trustees - April 25, 1996, May 23, 1996, June 27, 1996, August 22, 1996, September 26, 1996, October 15, 1996, October 24, 1996. Permit Motions: Approving a Class C Liquor License for Sanctuary Restaurant, 405 S. Gilbert St. Special Class C Liquor License for Pagliai's Pizza, 302 E. Bloomington St. Special Class C Liquor License for India Cafe, 227 E. Washington St. Refund for an unused portion of a Class E Liquor License for Drugtown #1, 521 Hollywood Blvd. Refund for an unused port~on of a Class E Beer Permit for Drugtown #1, 521 Hollywood Blvd. RES. 96-310, Bk. 116, p. 310, REFUND A CIGARETTE PERMIT. Setting Public Hearings: Setting a public hearing for December 3, 1996, on ordinance amending Title 4 of the City Code entitled "Alcoholic Beverages," Chapter 3 regarding outdoor service areas, and ~ritle 10 entitled "Use of Public Ways and Property," Chapter 3 regarding sidewalk cafes to reduce the different types and categories of establishments, and encourage more participation. Resolutions, Bk. 116: RES. 96-311, p. 311, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 518 BOWERY Council Activities November 19, 1996 Page 2 STREET, IOWA CITY, IOWA. RES. 96-312, p. 312, ACCEPTING THE WORK FOR THE WATER MAIN AND PUBLIC IMPROVEMENTS FOR D AND L SUBDIVISION. RES. 96- 313, p. 313, AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, ARLINGTON L.C., AND WINDSOR RIDGE HOMEOWNERS' ASSOCIATION FOR PLACEMENT OF STREET SIGNS ON STREET RIGHT-OF-WAY WITHIN THE WINDSOR RIDGE DEVELOPMENT. Correspondence: Gary Watts - extension of Court Street. Sonia Ettinger - planning. Bruce Glasgow - gas/oil pipeline. Gary Gussin - pedestrian bridge. Richard Gibson - pedestrian bridge. Memoranda from the Transportation Planner: Stop sign installation on Reno Street at Davenport Street; Right Lane Must Turn Right on the east approach of the intersection of Iowa Avenue and Riverside Drive; No Parking Loading Zone on the west side of Madison Street between Market Street and Jefferson Street; No Parking Any Time on Dodge Street Court; Loading Zones in the central business district; Parking prohibition on 2nd Street; Tow away Zone on Highway 6 West and Newton Road; Reserved parking for persons with disabilities at the intersection of Church Street and Clinton Street. Petition regarding North/South alley in Strohm's Addition (Martin Galley). Cathie Berglurid regarding traffic light at West High School. Applications for Use of City Streets and Public Grounds: David Sears (Salvation Army) - November 14, 1996, - December 24, 1996, for the purpose of Christmas kettles. Affirmative roll call vote unanimous, 5/0, Baker and Thornberry absent. The Mayor declared the motion carried and repeated the public hearing as set. Jim Haverkamp, 808 Dewey St., invited the public to attend the annual meeting of the Public Access Television Board on November 21. Senior Center Commissioner Terri Miller, 452 N. 7th, updated Council on activities at the Center. Moved by Vanderhoef, seconded by Norton, that the ordinance amending T~tle 14, Chapter 6, Articlo 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 rezoning, be given first vote for consideration. Affirmative roll call vote unanimous, 6~0, Thornberry absent. The Mayor declared the motion carried. Moved by Kubby, seconded by Vanderhoef, that the 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, be given second vote for consideration. Affirmative roll call vote unanimous, 6~0, Thornberry absent. The Mayor declared the motion carried. Moved by Norton, seconded by Lehman, that the 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 one meter or less in diameter in any yard or on the roof of any structure in residential areas, be given second vote for consideration. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the motion carried. Moved by Norton, seconded by Lehman, that the 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, be given second vote for consideration. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the motion camed. Moved by Vanderhoef, seconded by Norton, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to add definitions associated with wireless communications facilities, including "communications tower," Council Activities November 19, 1996 Page 3 "communications equipment building," and "communications station," be given second vote for consideration. Affirmative roll call vote unanimous, 6~0, Thornberry absent. The Mayor declared the motion carried. Moved by Kubby, seconded by Vanderhoef, to defer to January 14, 1997 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. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Kubby, seconded by Baker, to defer indefinitely 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, 6/0, Thornberry absent, A public hearing was held on a resolution authorizing conveyance by sale and/or lease of land adjacent to the Elks Golf and Country Club. No one appeared. Moved by Norton, seconded by Kubby, to defer indefinitely 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, 6/0, Thornberry absent. A public hearing was held on three ordinances proposing rate increase or changes for water, wastewater and solid waste disposal fees. Finance Director Yucuis present for discussion. Dennis Spencer, 607 Pepper Drive, appeared representing the Iowa City Home Builders Association opposing the cost of inbound meter reading devices (for new construction) being paid by the home builder, and suggesting the City incur costs for the system. Mr. Spencer presented letters from association members opposing the proposed cost being incurred by the builder. Water Supt. Moreno present for discussion. Lyone Fein, 605 E. Burlington, and Joan Tiemeyer, Home Builders Association, also appeared. Council requested information regarding the meter reading and billing process, advantages of the proposed system, and the effect on rates if the system is paid for by the City. Moved by Kubby, seconded by Norton, to adopt RES. 96-314, Bk. 116, p. 314, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR PARATRANSIT SERVICES DURING THE SECOND SIX MONTHS OF FY97. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Kubby, to adopt RES. 96-315, Bk. 116, p. 315, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD). Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Norton, to defer ~ndefinitely a resolution authorizing the Mayor to sign and the City Clerk to attest an Iowa Department of Transportation funding agreement for the construction of the Willow Creek Trad p~oject. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 96-316, Bk. 116, p. 316, RATIFYING SETTLEMENT OF PENDING LITIGATION ($225,000 to Jeff, Carol & Eric Eb~nger). Affirmative roll cal; vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. The Mayor noted the previously announced 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 vacancies to fill three-year terms ending January 1, 2000. P&R Comm. - Two vacancies to fill four-year terms ending January 1, 2OO1, and one vacancy to fill an unexpired term ending January 1, 1998. Council Ac[ivities November 19, 1996 Page 4 P&Z Comm. - One vacancy to fill an unexpired term ending May 1, 1998. Sr. Center Comm. - Two vacancies to fill three-year terms ending December 31, 1999. These appointments will be made at the December 3, 1996, meeting of the City Council. Council Member Baker requested an update on the Police Citizen Review Board proposal. The City Mgr. stated another draft would be available for Council discussion the first week of December. In response to Baker the City Mgr. stated Council would be discussing a policy on graffiti that same meeting. Baker thanked City Mgr. Atkins for his letter to the Governor regarding tax issues and requested the letter be made available to the media, along with the current Legislative Bulletin from the Iowa League of Cities. Baker referenced discussion the previous evening with representatives from the University of Iowa concerning the proposed skywalk on Dubuque Street, and reiterated his desire to be firm on expectations on design and control of the skywalk. Council Member Vanderhoef questioned what could be done regarding stapling of flyers to downtown poles. Lehman suggested discussing this matter with the Downtown Association and asking their assistance in policing poles in front of their own businesses. Vanderhoef thanked the Design Review Committee for sorting and categories their own membership and encouraged them to look at membership changes in the future to reflect that a business category need not be an architect/designer. Council Member Lehman pointed out the article in the Press-Citizen regarding the indiwduals from Oakdale who had helped hang holiday lights on downtown trees, and suggesting utilizing the individuals for other community service projects. Council Member Kubby noted the letter from Washington Street neighbors concerning drainage problems on Ralston Creek on Council's November 4 agenda and questioned a City response. The City Mgr. stated staff was researching that matter in light of the Friendship/Shamrock drainage problem and will follow-up. Kubby noted a recent article in ICON entitled "They Live On a Toxic Waste Site" and asked staff to follow-up on health issues. Council Member Norton acknowledged the Downtown Strategy Committee forum held earlier noting their was a good turn out of people and ideas. He encouraged anyone with ideas to contact Committee members or the Planning Department. Norton assured citizens that the City was pursuing ideas to enhance the clean-up and security issues in the downtown area, and encouraged public users, owners, and tenants to step-up their efforts. Norton thanked the Monday Forum Group, Chamber, and Downtown Association for their efforts. In response to Norton, the City Mgr. stated the Monday Forum group has selected a blue and white logo for City signs advertising the downtown area. Mayor Novick reported on her attendance at a seminar dealing with binge drinking and how universities are dealing with the issue, noting it was a nationwide problem. Moved by Kubby, seconded by Lehman, reconvene the executive session 9:25 p.m. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Council returned to open session 10:10 p.m. Moved by Lehman, seconded by Kubby, to adjourn 10:12 p.m. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Naom~'J. N~,y/ickl Mayor Mari~aCK. 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. The cost of publishing the following proceedings and claims is .~ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 11/4/96 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Novick presiding, Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornbern, Venderhoer. Absent: None. Moved and seconded to adjourn to executive session to discuss the purchase of parQcular 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; and 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. The Mayor proclaimed National Hospice Month - November, Dick Corcoran accepted. Old Jet Day - November 11. The Mayor presented Outstanding Student Citizen Awards to: Lincoln Elemen- taw School: Anna Durkee, Justin Wood. 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 special meetings of October 21 and October 28, and the regular meeting of October 22, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commis- sions: Design Review Comm. - Sep- tember 16. Historic Preservation Comm.- October 8. P&R Comm. October 9. Permit Motions: Special Class C Liquor License for Deuan Thai Res- taurant, 21 Sturgis Corner Dr. Class C Beer Permit for Faraway Stores, Inc., 2530 Westwinds Dr. Class E Beer Permit for ExpresStop, 2545 N. Dodge St. Class E Beer Permit for Official Actions November 4, 1996 Page 2 DerGray, 117 N. Linn St. Refund of an unused portion of a Class C Liquor License for Maxie's, 1920 Keokuk St. Setting Public Hearings: RES. 96- 303, SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTI- TLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY UTILI- TIES TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE WATER USE AND SERVICE, WASTEWATER TREATMENT WORKS USER CHARGES, AND SOLID WASTE DISPOSAL. Resolutions: RES. 96-304, AC- CEPTING THE WORK FOR THE CON- STRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. Correspondence: Kitsten H. Frey of Barker, Cruise, Kennedy, Houston & Anderson, L.L.P. - Eric Shaw me- morial. Douglas Russell, Chair, His- toric Preservation Commission - Pres- ervation Plan implementation, FY97/98. William and Rita Moeller - grading ordinance. Mary Murphy and Gregg Geerdes - Animal Control Ordi- nance. Barbara Stimmei- Highway 965. Inn Ho Shinn - 600 block South Van Buren. John & Marge Clancy - traffic signal at Highway l/Dubuque Road. Seventeen citizens - bus stop at Boyrum. Dale Shires Friend- ship/Shamrock drainage. Richard Gib- son - River Corridor Trail. R.J. Strika - downtown concerns. Sandy Pickup - downtown Iowa City clean-up. Mon- day Forum signage. Memoranda from the Civil Service Comm. submit- ting certified lists of applicants for the following positions: Maintenance Worker I Refuse, Maintenance Worker I Streets, Maintenance Worker II Streets, Maintenance Worker III Streets, Maintenance Worker III - Landfill, Parking Cashier, Parking Enforcement Attendant, Pro- gram Specialist. Center Space Com- mittee - combining CenterSpace Con- ference and Cultural Center with ad- ditional Iowa City Public Library space. Joe Grant regarding Old Jet. Matthew Glasson regarding the Citi- zen Review Board. Property owners along Ralston Creek near College St. Official Actions November 4, 1996 Page 3 regarding maintenance of the stream channel. Applications for Use of City Plaza: Jim McClanahan {Iowa Citizen Action Network) - October 23-25, for the purpose of registering voters, ap- proved. Greg Miller (The University of Iowa Rainforest Action Group) - Octo- ber 25, for the purpose of distributing literature and displaying paper con- sumption, approved. The Mayor declared the motion carried. A public hearing was held on an ordi- nance 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-residen- tial uses as part of a Sensitive Areas Overlay rezoning. Moved and seconded that the ordinance amending Title 1 4, 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, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section I, entitled "Permitted Accessory Uses and Buildings," to allow satellite receiving devices one meter or less in diameter in any yard or on the roof of any structure in residential areas, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the 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, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, Chapter 6, entitled "Zoning,~ Article B, entitled "Zoning Defini- tions," to add definitions associated with wireless communications facilities, including "communications tower," "communications equipment building," and "communications station," be given first vote for consideration. The Mayor declared the motion carried. Official Actions November 4, 1996 Page 4 Moved and seconded by that the ordi- nance 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 be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded by to adopt RES. 96-305, APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 2, WESTPORT PLAZA, IOWA CITY, IOWA. Moved and seconded to submit a letter to the Johnson Count,/ Board of Supervisors recommending approval of an application to rezone approximately 21.25 acres located in Johnson County on the north side of Highway 1, approximately one mile west of Sharon Center Road (W§2) from A1, Agricultural, to RS-5, Suburban Residential. The Mayor declared the motion carried. Moved and seconded to submit a letter to the Johnson CounW Board of Supervisors recommending approval of an application to rezone approximately 8.64 acres located in Johnson County west of Prairie du Chien Road, approximately 'A mile north of Newport Road, from A1, Agricultural, to RS-3, Subur- ban Residential. Johnson County Supervisor Steve Lacina outlined the procedure for CounW action on the previous item as well as this item. The Mayor declared the motion carried. Moved and seconded to adopt RES. 96- 306, AUTHORIZING APPLICATION FOR GRANT MONIES FROM THE IOWA DEPART- MENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST ORAL- B LABORATORIES EXPANSION AND AUTHORIZING CITY PARTICIPATION IN THE FORM OF A $40,000 FORGIVABLE LOAN. Moved and seconded to adopt RES. 96- 307, AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE 11. Moved and seconded to adopt RES. 96- 308, DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-;2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIC PROJECTS. Moved and seconded to accept a recommendation from The University of Iowa that Larry Wilson be reappointed to the Official Actions November 4, 1996 Page 5 Riverfront and Natural Areas Commission as a representative of The University of Iowa for a three-year term ending December 1, 1999. The Mayor declared the motion carried. The Mayor noted the previously announced 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 vacancies to fill three-year terms ending January 1, 2000. P&R Comm. - two vacan- cies to fill four-year terms ending January 1, 2001, and one vacancy to fill an unexpired term ending January 1, 1998. P&Z Comm. - one vacancy to fill an unexpired term ending May 1, 1998. St. Center Comm. two vacancies to fill three-year terms ending December 31, 1999. These appointments will be made at the December 3, meeting of the CiW Council. Council discussed the Police Citizen Review Board proposal of October 21, 1996. Moved and seconded to reconvene the executive session. The Mayor declared the motion carried. Moved and seconded to adjourn 10:30 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 Submitted for publication 11/14/96 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 NOVEMBER 4, 1996 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Venderhoer. Absent: None. Staffmembers present: Atkins, Helling, Woito, Kerr, Yucuis, Franklin, Schoon. Council minutes tape recorded on Tapes 96-132 & 96- 133, Both Sides. Moved by Lehman, seconded by Thornberry, to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would h&ve 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; and to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned to executive session 6:38 p.m. Council returned to open session 7:10 p.m. The Mayor proclaimed National Hospice Month - November 1996, Dick Corcoran accepted. Old Jet Day-November 11, 1996. The Mayor presented Outstanding Student Citizen Awards to: Lincoln Elementary School: Anna Durkee, Justin Wood. Moved by Norton, seconded by Vanderhoef, that the following items and recom- mendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the special meetings of October 21 and October 28, 1996, and the regular meeting of October 22, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. - September 16, 1996. Historic Preservation Comm.- October 8, 1996. P&R Comm. - October 9. 1996. Permit Motions: Approving a Special Class C Liquor License for Deuan Tha~ Restaurant, 21 Sturgis Corner Dr. Approving a Class C Beer Permit for Fareway Stores, Inc., 2530 Westwinds Dr. Approving a Class E Beer Permit for ExpresStop, 2545 N. Dodge St. Approving a Class E Beer Permit for Devotay, 117 N. Linn St. Approving a refund of an unused portion of a Class C Liquor License for Maxie's, 1920 Keokuk St. Setting Public Hearings: RES. 96-303, Bk. 116, p. 303, SETTING A PUBLIC HEARING for November 19, 1996, ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY UTILITIES TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE WATER USE AND SERVICE, WASTEWATER TREATMENT WORKS USER CHARGES, AND SOLID WASTE DISPOSAL. Resolutions: RES. 96-304, Bk. 116, p. 304, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. Correspondence: Kitsten H. Fray of Barker, Cruise, Kennedy, Houston & Anderson, L.L.P. - Eric Shaw memorial. Douglas Russell, Chair, Historic Preservation Commission - Preservation Plan Implementation, FY97/98. William and Rite Moeller - grading ordinance. (City Senior Building Inspector response memorandum to Council included.) Mary Murphy and Gregg Geerdes - Animal Control Ordinance. Council Activities November 4, 1996 Page 2 Barbara Stimmel - Highway 965. Inn Ho Shinn - 600 block South Van Buren. (City Manager response letter included.) John & Marge Clancy - traffic signal at Highway 1/Dubuque Road. Seventeen citizens - bus stop at Boyrum. Dale Shires - Friend- ship/Shamrock drainage. Richard Gibson - River Corridor Trail. R.J. Strika - down- town concerns. Sandy Pickup - downtown Iowa City clean-up. Monday Forum signage. Memoranda from the Civil Service Comm. submitting certified lists of appli- cants for the following positions: Maintenance Worker I - Refuse, Maintenance Worker I - Streets, Maintenance Worker II - Streets, Maintenance Worker III - Streets, Maintenance Worker III - Landfill, Parking Cashier, Parking Enforcement Attendant, Program Specialist. Center Space Committee - combining CenterSpace Conference and Cultural Center with additional Iowa City Public Library space. Joe Grant regarding Old Jet. Matthew Glasson regarding the Citizen Review Board. Property owners along Ralston Creek near College St. regarding maintenance of the stream channel. Applications for Use of City Plaza: Jim McClanahan (Iowa Citizen Action Network) - October 23-25, 1996, for the purpose of registering voters, approved. Greg Miller (The University of Iowa Rainforest Action Group) - October 25, 1996, for the purpose of distributing literature and displaying paper consumption, ap- proved. Finance Director Yucuis explained the public hearing on water and wastewater rates was set to allow passage and publication of the ordinance by the end January, and a March 1 effective date. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mavor declared the motion carried and repeated the public hearing as set. A public hearing was held on an ordinance amending Title 14, Chapter 6, Artrole J, entitled "Overlay Zones?f-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 ,~reas Overlay rezoning. No one appeared. Moved by"l;ehman, seconded by Norton, that the ordinance amending Title 14, Chapter 7, entitled "Land Subdivisions," Article A, entitled "General Subdivision Provi- sions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within two miles of the City's boundaries, 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 Thornberry, seconded by Vanderhoef, that the 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 receiwng devices one meter or less in diameter in any yard or on the roof of any structure in residential areas, 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 Vanderhoef, seconded by Norton, that the 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, be given first vote for consideration. Asst. City Mgr. Helling present for discussion. Council directed staff to send a copy of the proposed ordinances to Coralville for review. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Thornberry, that the 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," be given first vote Council Activities November 4, 1996 Page 3 for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Lehman, that the 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 Residen- tial, to P, Public (GlasgowANater Plant), 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 Thornberry, seconded by Norton. to adopt RES. 96-305, Bk. 116, p. 305, APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 2, WESTPORT PLAZA, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/O,-all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Norton, to submit a letter to the Johnson County Board of Supervisors recommending approval of an application to fezone approximately 21.25 acres located in Johnson County on the north side of Highway 1, approximately one mile west of Sharon Center Road (W52) from A1, Agricultural, to RS-5, Suburban Residen- tial. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Lehman, to submit a letter to the Johnson County Board of Supervisors recommending approval of an application to rezone approxi- mately 8.64 acres located in Johnson County west of Prairie du Chien Road, approximately ~ mile north of Newport Road, from A1, Agricultural, to RS-3, SLJburban Residential. Johnson County Supervisor Steve Lacina outlined the procedure for County action on the previous item as well as this item. Council Member Thornberry thanked the County Board of Supervisors for their work on the Fringe Area Agreement. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 96-306, Bk. 116, p. 306, AUTHORIZING APPLICATION FOR GRANT MONIES FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST'ORAL-B LABORATORIES EXPANSION AND AUTHORIZING CITY PARTICIPATION IN THE FORM OF A 840,000 FORGIVABLE LOAN. Individual Council Members expressed their support to the application and complimented staff and Oral-B on the presentation. Affirmative roll call vote unanimous, 7/0; all Council Members present. The Mayor dec!ared the resolution adopted. Moved by Norton, seconded by Thornberry, to adopt RES. 96-307, Bk. 116, p. 307, AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. · · Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 96-308, Bk. 116. p. 308, DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIC PROJECTS {the Melrose Avenue Bridge Replacement Project). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. l~/loved by Lehman, seconded by Vanderhoef, to adopt RES. 96-309, Bk. 116, p. 309, RATIFYING SETTLEMENT OF PENDING LITIGATION (to Diane Dreusicke Riley for 826,2~50). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to accept a recommendation from The University of Iowa that Larry Wilson be reappointed to the Riverfront and Natural Areas Commission as a representative of The University of Iowa for a three-year term ending Council Activities November 4, 1996 Page 4 DeCember 1, 1999. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced 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 Cornre. - three vacancies 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 unexpired term ending January 1, 1998. P&Z Comm. - one vacancy to fill an unexpired term ending May 1, 1998. St. Center Comm. - two vacancies to fill three-year terms ending December 31, 1999. These appointments will be made at the December 3, 1996, meeting of the City Council. Council Member Norton reported on his attendance, along with Mayor Novick, at the forum sponsored by the DTA on retailing and the implication of the Coral Ridge Mall. He noted the community project coordinator position currently being advertised at the University, noting the individual would coordinate the proiect dealing with high risk drinking behavior in the community and questioned if the City had applications available. Asst. City Mgr. Helling stated the University was handling applications and the City will aid in screening applicants. Novick stated she has asked the City Mgr. to research Jefferson Street from Madison to the Pappajohn Building for additional street lights. The City Mgr. reported he had asked the Public Works Director to review the matter and report back concerning City and/or University action. Norton congratulated the Monday Forum group for their success in pursuing additional downtown signage on Interstate 80. The Mayor requested the signs be reviewed by Council. Council Member Kubby noted the letter on the Consent Calendar from William and Rite Moeller requesting an exception from the City's grading ordinance for a berm around a pond and recommended against the exception. After,disoussion, Council agreed that no exception would be granted.and unless it was rectified..it would be in violation of the ordinance. Kubby requested the respective bodies discuss two issues concerning Hwy. 965 extension,= creating a scenic road and creating a large ~atural wooded area on the west side possibly in conjunction with Camp Cardinal, prior to JCCOG discussion of the matter on-December .4. Council agreed the matter would be scheduled at Council work session either November 18 or December 4. Kubby noted the memo from the City Clerk concerning outdoor services and sidewalk cafes and questioned the recommendation to reduce the fence height minimum in the CB-10 zone to 3'ft.. After discussion Council directed staff to have the committee review a 4 ft fence height in the CB-10 zone; natural (vegetation) screening/fencing; clarify any furniture stored overnight in sidewalk cafes does not present p~oblems for emergency vehicles; and elevated sidewalk cafes. Kubby suggested forwarding the matter of a consistent low income policy for various City programs be referred to the Housing and Community Development Commission (HCDC) for suggestions. Mayor Novick requested she continue to work with Jean Mann and Linda Severson on this matter 'prior to Council consideration of forwarding to HCDC. Kubby noted the proclamation on the agenda establishing 01d Jet Day and correspondence received from Joe Grant on other means to recognize veterans. Finally Kubby noted the letter received from Arty. Kitsten H. Fray, representing the Shaw family, requesting control over the name and likeness of their son Eric and stating they were not ready yet to discuss a memorial. Council Member Lehman requested updated figures on transit revenues since the last rate increase. Staff will follow-up. Lehman noted the proposal Council sent to the Planning and Zoning Commission regarding the construction of smaller units of elderly housing and requested the item be prioritized by the Commission. Council Member Thornberry read the letter from Atty. Kitsten H. Frey, representing the Shaw family. Council Activities November 4, 1996 Page 5 Council Malabar Vanderhoef complimented staff on the new drive-up drop boxes for utility payments. Venderhoof requested an update on the preliminary figures for the City's Special Census. City Mgr. Arkins and City Clerk Karr presented information. In response to Venderhoof, the City Mgr. reported on the City employee clean-up day held November 9th, noting that 135 employees spend 300 hours winterizing and fixing up 32 area homes. Council Member Baker encouraged citizens to take advantage of the Kids Vote project and take your children with you when voting. Baker reminded staff of Council's request for ICAD reporting information; mentioned the University of Iowa debate team topic "Should Iowa City Revitalize its Urban Center" scheduled Novato. bar 7; and asked the status of a Council session on self-evaluations. In response to Baker,.Kubby indicated a majority of Council were not interested in pursing the matter of self-evaluations at this time. Baker acknowledged the end of a 15 year career of public service by Planning and Zoning Member Tom Scott, and thanked him for his commitment to this City. Mayor Novick noted the letter on the Consent Calendar from seventeen citizens concerning a bus stop at Boyrum and asked staff to follow-up. Novick noted that the minutes of the Design Review Commission stated members had categorized their member- ship at the last meeting and requested categorization information be furnished to Council. Novick announced a Downtown Strategy Committee meeting has been scheduled for November 14 at Senior Center and urged citizens to attend or send written comments to David Schoon, at 410 East Washington Street. She echoed Council Member Baker's statement and urged citizens to bring their children to the polls. Council Member Kubby referenced the letter distributed that evening concerning maintenance of the'Ralston Creek stream channel near College Street and noted the similar private property concerns for the Friendship/Shamrock area project. Staff will report back. The City Arty.-reported that as a member of..the.Noon Kiwannis.she would be volunteering for Kids Vote. Council discussed the Police Citizen Review Board proposal of October 21, 1996. Moved by-=Lehrhan, seconded by Thornberry, to ,reconvene the executive session 10:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council returned to open session 10:28 p.m. '- Moved by Lehman, seconded by Thornberry, to adjourn 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members prosan[. .... Naomi J. Novick, Mayor' -' ' Marian K. Kerr, City Clerk