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HomeMy WebLinkAbout1995-11-07 Minutes numberedSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 7, 1995 Iowa City City Council, regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Miklo, O'Neil, Shank, Schoon, Davidson, Shaffer. Council minutes tape recorded on Tapes 95-127, side 2; and 95-130, both sides. The Mayor encouraged citizens to vote in the City Council Election; and welcomed me- mbers of the Friendship Force from Ukraine. The Mayor proclaimed Geography Awareness Week- November 12-18, 1 995; Hospice Month - November 1995. Moved by Kubby, seconded by Novick, 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 October 24, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Comm. meeting of September 26, 1995, October 9, 1995, October 23, 1995; P&Z Comm. meeting of October 19, 1995; P&R Comm. meeting of October 11, 1995; Broadband Telecomm Comm. meeting of September 29, 1995, October 30, 1995; Historic Preservation Corem. meeting of September 12, 1995. Permit Motions: Approving a Class "E" Beer Permit for Eagle Food Center #157, 600 N. Dodge St. Approving a Class "E" Beer Permit for Eagle Food Center #220, 1101 S. Riverside Dr. Setting public hearings: Setting a public hearing for November 21, 1995, on a resolution adopting the Near Southside Design Plan. Resolutions, Bk. 114: RES. 95-315, p. 315, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1123 MAPLE STREET, IOWA CITY, IOWA. RES. 95-316, p. 316, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 917 NORTH GOVERNOR STREET, IOWA CITY, IOWA. Correspondence: Sonia Ettinger regarding railroads. Roderic Lakes regarding Melrose Avenue. George Knorr regarding the Iowa City Airport Master Plan. Letters regarding PATV from: Timothy M. Clancy, Robert Sayre, PATV, Access 2. Suzanne Erenberger, representative for the Miller/Orchard Neighborhood Association, regarding land acquisition for a park. Eric D. Miller regarding parking in the Chauncey Swan Ramp. Memorandum from the Traffic Engineer regarding parking prohibition on Jensen Street. Notice of Purchase of Equipment from the Purchasing Division. The following political subdivisions have been contacted: City of Coralville, Johnson County Board of Supervisors, Iowa City Community School District. Letter from Daniel Dakins to David Baille, Real Estate Manager for Hy-Vee, regarding their proposed site plan on First Ave. Pat Schnack regarding Community Reading Partners. Applications for City Plaza Use Permits: Iowa Socialist Workers Campaign for permission to set up a table on October 28, 1995, for the purpose of distributing literature, approved. Applications for Use of Streets and Public Grounds: The Salvation Army for permission to use public property for the Christmas Kettles during the period of November 13 and December 24, 1995, approved. Jeff Mickey to have the Jingle Bell Run for Arthritis on December 2, 1995, approved. Council Activities November 7, 1995 Page 2 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Sam Doyle appeared regarding a display of art in an Iowa City parking facility. Bruce ~ Glasgow, 834 N. Johnson, appeared regarding the parking limitations in the CN-1 district and 330_ the denial by the Board of Adjustment for a restaurant on Scott Ct. (MidTown/Strait), and ,_~.~ represented a petition from 571 individuals encouraging the placement of the restaurant in the area. Moved by Kubby, seconded by Pigott, to accept the petition. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Bob Welsh, 84 Penfro Dr., _~ expressed appreciation to Mayor Horowitz and Council Member Throgmorton for their service to the community; and presented a letter on the cable franchise agreement (agenda item 19). ?,_,W//_ Moved by Pigott, seconded by Throgmorton, to accept correspondence from Bob Welsh. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ed Kohl,. ,~,~/~__ 2254 S. Riverside Dr., appeared regarding city utilities to his property for subdividing purposes. Moved by Novick, seconded by Pigott, to set a public hearing for November 21 on an. ordinance amending the Zoning Chapter to allow adult day care, elder family homes, and elder group homes under certain conditions in Iowa City, and to change the definition of elderly. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Throgmorton, to set a public hearing for November 21 '~ on an ordinance amending the Zoning Chapter to require bicycle.parking for commercial and multi-family residential development. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Pigott, to set a public hearing for November 21 on an ,~_~/~ ordinance amending the Zoning Chapter by conditionally changing the use regulations of an approximate 5.2 acre tract of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay (Saratoga Springs). The Mayor announced Council would be meeting with P&Z prior to the November 20 work session on this matter. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pigott, seconded by Novick, to accept correspondence from Robert Burns. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Zoning Chapter by adopting ~.'3 a Sensitive Areas Ordinance to regulate development on properties containing environmentally sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric soils, prairie remnants and archaeological sites. The following individuals appeared: Larry Schnittjer, MMS Consultants; Richard "Sandy" Rhodes, 2014 Rochester Ave. Sr. Planner Miklo present for discussion. Moved by Pigott, seconded by Throgmorton, to accept correspondence from: Bruce Glasgow, and Larry Schnittjer, MMS Consultants. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pigott, seconded by Kubby, that the ordinance amending the Zoning Chapter ~ by adopting a Sensitive Areas Ordinance to regulate development on properties containing environmentally sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric soils, prairie remnants and archaeological sites, be given first vote for consideration. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Throgmorton, to adopt RES. 95-317, Bk. 114, p. 317, -~/ AFFIRMING THE INTENT OF THE CITY OF IOWA CITY TO COMPLY WITH THE PROVISIONS OF THE SENSITIVE AREAS ORDINANCE. After discussion, moved by Kubby, seconded by Pigott, to amend the resolution by placing a period after the word "approval" in the last line of subsection #1, and deleting the words" (by resolution) prior to initiating such deviation." Council Activities November 7, 1995 Page 3 *Revised 11/21/95 The Mayor declared the motion to amend carried unanimously, 7~0, all Council Members present. Affirmative roll call vote unanimous on the resolution as amended, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor announced that the voting polls had closed and announced the winners as follows: At Large-Karen Kubby and Dee Vanderhoef; District C-Dean Thornberry; District A- Dee Norton. Moved by Novick, seconded by Pigott, to adopt ORD. 95-3696, Bk. 38, p. 33, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE USE REGULA- TIONS OF 2.02 ACRES OF LAND LOCATED EAST OF LAKESIDE DRIVE AND SOUTH OF HIGHWAY 6 FROM ID-RS, INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL, TO RM- 12, LOW DENSITY, MULTI-FAMILY RESIDENTIAL (Outlot A - Whispering Meadows). Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Novick, to accept correspondence from Carol Barker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman, to defer to November 21, a resolution for final plat approval of Kennedy's Waterfront Addition, Part Three. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Pigott, to accept correspondence from Charles Mullen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pigott, seconded by Novick, to adopt RES. 95-318, Bk. 114, p. 318, APPROVING THE PRELIMINARY AND FINAL PLATS OF WINDSOR RIDGE-PART SIX, A RESUBDIVISION OFTRACT "A," WINDSOR RIDGE-PART ONE, AND OUTLOT "A," WINDSOR RIDGE - PART THREE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Sr. Center Comm. - One vacancy for a three- year term ending December 31, 1998. This appointment will be made at the November 21, 1995, meeting of the City Council. Moved by Lehman, seconded by Novick, to appoint Charles Wayne Maes, 1122 Hampton Ct., to the Bd. of Appeals to fill a vacancy for a licensed electrician for a five-year term ending December 31, 2000; appoint Philip Reisetter, 1040 E. Court St. and Randy Rohovit, 2408 Crestview Ave.. to the Design Review Comm. to fill two vacancies for unexpired terms ending July 1, 1997; appoint Tom Dickerson, 21 25 Broadway St. and re- appoint Patricia Harvey, 717 Willow St. and Ann Shires, 301 Woodridge, to the Human Rights Comm. to fill three vacancies for three-year terms ending January 1, 1999; appoint Ross Wilburn, 1610 Center Ave. and Allen Stroh, 3023 Cornell Ave. to the P&R Comm. for two vacancies to fill four-year terms ending January 1,2000; appoint Eric Engh, 881 Park Place, to the P&Z Comm. to fill one vacancy for an unexpired term ending May 1, 1996, plus a five-year term ending May 1,2001. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Kubby noted the recent increase in bike thefts and encouraged citizens to register their bikes free of charge with the Police Department and report any thefts immediately. Council Member Novick referenced discussion and confusion regarding ticketing in the Chauncey Swan Parking Facility and asked citizens to bring their receipt and ticket to the cashier in the Civic Center if a ticket was issued inappropriately. Council Member Throgmorton reported on conversations regarding the silurian well not yielding the water expected and asked the City Manager to respond. City Mgr. Arkins outlined the process for water treatment, noting the testing process will continue, and meetings will be held with USGS and the Geological Survey to determine the next step. Council Activities November 7, 1995 Page 4 Mayor Horowitz reported on her attendance at the ribbon cutting of the second new water plant in Cedar Rapids the past week. Council Member Pigott congratulated Dean Thornberry on his election to the City Council District C seat; thanked the people who worked hard in his re-election bid; and thanked fellow Council Members stating it was an honor to have served with them. Mayor Horowitz reminded citizens to pile leaves on the curb and not in the street for leaf pickup. City Arty, Woito reported that City crews had cleaned up two Yeggy properties on St. Anne's Drive in response to neighbors concerns. The Mayor reminded citizens of the public hearing on City STEPS scheduled Wednesday, November 15, in Room A of the Public Library. Moved by Kubby, seconded by Novick, to accept a recommendation of the Broadband Telecommunications Commission that the City Council approve the proposed franchise and ordinance, incorporating the four non-substantive changes. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Pigott, to adopt RES. 95-319, Bk. 114, p. 319, INTENT TO CONVEY 1926 AND 1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2 OF BRAVERMAN CENTER, IOWA CITY, IOWA, TO HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP), AND SETTING A PUBLIC HEARING FOR NOVEMBER 21, 1995. Affirmative roll call vote unanimous, 6~0, Kubby abstaining. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Kubby, to adopt RES. 95-320, Bk. 114, p. 320, APPROVING THE FINAL JOBS TRAINING AGREEMENT BETWEEN KIRKWOOD COMMUNITY COLLEGE AND NATIONAL COMPUTER SYSTEMS, INC. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, to adopt RES. 95-321, Bk. 114, p. 321, ADOPTING A PREFERRED DESIGN ALTERNATIVE FOR THE MELROSE AVENUE STREET AND BRIDGE RECONSTRUCTION BETWEEN BYINGTON ROAD AND THE EAST CORPORATE LIMITS OF UNIVERSITY HEIGHTS. 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. 95-322, Bk. 114, p. 322, AUTHORIZING THE CORRECTING OF AN ERROR IN THE MAKING OF SPECIAL ASSESS- MENTS IN THE MALDEN LANE PAVING AND SANITARY ASSESSMENT PROJECT ($633.00 refund to Block 20, County Seat Addition owners). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, to adopt RES. 95-323, Bk. 114, p. 323, TO AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA-DEPARTMENT OF NATURAL RESOURCES FOR A WATER RECREATION ACCESS COST-SHARE PROJECT (PROJECT #366)(new boat ramp at City Park). Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Lehman, to adopt RES. 95-324, Bk. 114, p. 324, AUTHORIZING THE AIRPORT COMMISSION TO PROCEED WITH THE DEVELOPMENT OF PLANS, SPECIFICATIONS, AND FORM OF CONTRACT FOR CONSTRUCTION OF AN AIRCRAFT HANGAR BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT. The Mayor stated the size and price had been removed from the resolution to allow greater flexibility. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 3333 Z 3g' 33 3 q.5 Council Activities November 7, 1995 Page 5 Moved by Lehman, seconded by Novick, to adopt RES. 95-325, Bk. 114, p. 325, RATIFYING SETTLEMENT OF PENDING LITIGATION (S&G Materials for $925,643.84). Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Pigott, that the ordinance amending Title III "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to establish a charge for 8us 'N Shop coupons, be given first vote for consideration. Council agreed to waive second reading at the next meeting to allow the new rates to go into effect prior to the Christmas shopping season. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Novick, seconded by Baker, that the ordinance amending Title XII, entitled "Franchises," of the Code of Ordinances of the City of Iowa City, to repeal Chapter 4 and to adopt a new Chapter 4 to be known as "Cable Television Franchise Enabling Ordinance," be given first vote for consideration. Asst. City Mgr. Helling and Cable TV Specialist Shaffer present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubb¥, seconded by Pigott, to adopt ORD. 95-3697, Bk. 38, p. 34, AMENDING TITLE 2, "HUMAN RIGHTS," CITY CODE, BY AMENDING THE SUBPOENA POWER OF THE HUMAN RIGHTS COMMISSION, BY ADDING THE DEFINITION OF GENDER IDENTITY, AND BY ADDING GENDER IDENTITY AS A PROTECTED CLASS. Affirmative roll call vote unanimous, 7/0, all Council Members prasent. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Pigott, to adjourn 9:42 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk City of iowa City MEMORANDUM DATE: October 27, 1995 TO: City C0uncil FROM: City Manager RE: Material Sentto Council Only Memoranda from the City Manager: a. Water Project b. Flat Tax Proposal c. Task Force on City Plaza - Minutes of October 18 Meeting Memorandum from the Assistant City Manager, Cable TV Administrator, and First Assistant City Attorney regarding Cable Franchise Renewal Comments Received at Public Hearing. Memorandum from the Director of Planning and Program Development regarding Floodplain Management Study. Memorandum from the Director of Housing and Inspection Services regarding disposition of 1926/1946 Broadway Street. Memorandum from the Chief of Police regarding RAGBRAI Grant. Copy of letter from Dianne Kaufman to the Director of PATV expressing~J~ appreciation for staff support. Agenda for the October 26 meeting of the Johnson County Board of Supervisors. Copy of letter from the Department of Natural Resources regarding permit schedule for wastewater improvements. City of Iowa City MEMORANDUM DATE: October 31, 1995 TO: City Council FROM: City Manager RE: Material Railed to Council Members Only Memorandum from Mayor Horowitz regarding the presence of the U.S. Army Corps of Engineers in Iowa City. Memorandum from Jim Glasgow regarding environmental lawsuit. C ty of Iowa City MEMORANDUM DATE: TO: FROM: RE: November 3, 1995 City Council City Manager Material in Information Packet Memoranda from Mayor Horowitz: a. Additions to suggested individuals for the Ad Hoc Economic Development Committee b. Schedule for Remainder of Year Copy of letter from Mayor Horowitz to F.A.A. regarding letter of intent~(o,L/ to cooperate. Memorandum from Council Member Kubby regarding Fringe Area Agreement. Memoranda from the City Manager: a. West High Drive b. Rollback Factor c. Landfill - Poplar Trees d. Whispering Meadows Wetland - Completion of Access Trail Memorandum from the Director of Planning and Community Development regarding First and Muscatine Hy-Vee Grocery Store. Memoranda from the City Clerk: a. Policy for Internet Messages b. City Council Work Session of October 23, 1995 c. City Council Work Session of October 24, 1995 .~.~ Memorandum from the Purchasing Agent regarding sponsorship for Parking Ramp spitter tickets. Agenda and minutes for the Council Disability Rights and Education meetings. Letter from the Johnson County Board of Supervisors regarding the proposed~ Fringe Area Agreement Copies of letters from: a. Midland Homes regarding construction regulations ~7~ b. Randy Dickson regarding survey for cultural resources ~ c. Carol Litton regarding request for rezoning for a ~q restaurant for the November 2 formal and Board of Supervisors. Agendas County informal meetings of the Johnson ~) Memorandum from the City Attorney regarding the confidential site location map from the State Archaeologist. Agenda of Board of Supervisors Informal Meeting on November 7, 1995. Memo from City Atty. regarding staff update.