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HomeMy WebLinkAbout1997-12-16 AgendaSubject to change as Rnali:,e~q by the City Cler~ For a final official copy, contact the City Clerk's Oilice, 356-5040. ITEM NO. 1. ITEM NO. 2. AGENDA CITY COUNCIL MEETING December 16, 1997 - 7:00 p.m. Civic Center ~ Cltl/of CALL TO ORDER. ROLL CALL. OUTSTANDING STUDENT CITIZENSHIP AWARD - Shimek Elementary a. Megan Gatens b. Laura Houghton c. Scott Knight ITEM NO. 3. INTRODUCTION OF NEW BOARD/COMMISSION MEMBERS a. Board of Appeals · Gary'Haman * John Roffman b. Board of Library Trustees · Linda Dellsperger c. Design Review Committee · Tara Cronbaugh d. Human Rights Commission Joan Jehle · Diane Martin · Arthur Vincent, Jr e. Parks and Recreation Commission · Barbara Endel · Bruce Maurer f, Police Citizen Review Board · Leah Cohen · Patricia Farrant · Paul Hoffey · Margaret Raymond · John Watson #2 page 1 ITEM NO. 2 OUTSTANDING STUDENT CITIZENSHIP AWARD - Shimek Elementary Nov/The Outstanding Student Citizenship Award. Students from Shimek Elementary who are receiving awards, please come stand up here. Okay, we are going to do this is alphabetical order. We have Megan Gatens first. Would you read this while I hold the microphone for you. Megan Gatens/I think I am a good citizen of Shimek because I am in many activities in our school. I am co-captain of our Safety Patrol in our school with one of my classmates and I work hard to keep my school safe. I was on Student Council last year and was an alternate in my class. I try hard to do my best in school and get good grades in every subject. I have also volunteered for baby-sitting during the PTO meetings at our school. Outside of school I play a lot of basketball which is my favorite sport and play on a traveling team. I also play tennis once a week and play soccer and softball. I do volleyball also. I have been in Girl Scouts since kindergarten and I have played the piano for a long time and enjoy it. I have volunteered to work at the Festival of Trees and have had parties to collect bears for the Mercy Hospital. I know that my teachers could have picked someone else to have been a good citizen but I am very glad they picked me. Nov/You have an outstanding record. I think you deserve it. The award says, "Citizenship Award for her outstanding qualities of leadership within Shimek Elementary as well as the community and for her sense of responsibility and helpfulness to others, we recognize Megan Gatens as an Outstanding Student Citizen. Your community if proud of you. Presented by the Iowa City City Council. December 1~997." Complete with gold seal. Laura Houghton/First of all I would like to thank the Iowa City Council for presenting this award to me. I am very honored. To me, a good citizen means being a helpful person in the community. I try to help as many students in and out of school. I enjoy helping at my school. This year I am helping to organize and run our school store along with two other people. I am also on the school patrol. This means I help the younger children stay safe at school. In doing that I have earned a gold badge. This year I have also volunteered to baby-sit at Shimek during PTO meetings so that parents of young children could attend the meeting. Outside of school I was a member of Girl Scout for six years. I help collect money for the less fortunate, helped out with fund-raisers, and earned badges for doing good deeds for my family and in the community. Another event I participated in to raise money for handicapped children is Miracles in Motion. At this horseback riding event, I was able to gather pledges so that handicapped children will be able to This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997 F121697 #2 page 2 ride horses. In our community I volunteered through my church to serve lunch to the homeless as well as worked at the Festival of Trees. It was fun gathering teddy bears for the children that are hospitalized as well as working in the children's area. Nov/Are you okay? Houghton/Yes. I think a lot of people at Shimek are responsible citizens. I feel fortunate that I am able to live in a community that has so many responsible citizens. Thanks again. Nov/I have to say I admire this kids who are volunteer baby-sitters. That is a real job to volunteer for. Scott Knight/My name is Scott from Shimek Elementary. In my free time I usually do chores like helping my mom, dad, brother and sister rake leaves and clean the house. Everyday I usually do homework, watch a little t.v. and play with my friends. Almost every year I have a bag of clothes I don't want, so my more or dad takes the bag and gives it to Salvation Army. I also give money to Salvation Army at Christmas time. I go to Gloria Dei Lutheran Church and I got to Sunday School almost every Sunday. In the summer I train for track, play in soccer games, play baseball and play football. In the winter I play on two basketball teams and play indoor soccer. When I was a fourth grader, I ran track at Hershey, Pennsylvania Track Meet or Hershey's Track Meet in Iowa City. I moved on to State and at State I set two state records in the long jump and the 400 and I also won in the 200. I made it to nationals in Hershey, Pennsylvania and got 4th in the 400. My favorite sports are football, soccer. And in soccer I am team captain for the Cobras. Last year we made it to State and got second place. Also I made it on ODP Soccer team which stands for Olympic Development Program. It is a state team. In school I am on Safety Patrol. I also help other people out when they don't understand something or if they need help to catch up on school work. I volunteer to help out if people need help moving something or volunteer to help out for subbing for Patrol. I never forget to bring any of my homework for any classes. There are many good citizens are Shimek, so I am proud to get this award. Nov/Congratulations. Please hold your own Citizenship Award this way so the cameras can see it. Thank you all. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997 F121697 December 16, 1997 Page 2 ITEM NO. 4. City of Iowa City g. Public Art Advisory Committee · Deborah Galbraith Kevin Hanick · Nancy Purington · Lesley Wright h. Riverfront and Natural Areas Commission · Cortney Daniels · Dan Mascal · Lynn Rose i. Senior Center Commission · Chevalier Monsanto · Deborah Schoenfelder · Kathryn Wallace CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Minutes of Boards and Commissions. (1) Housing and Community Development Commission - October 16 (2) Iowa City Board of Appeals - November 3 (3) Iowa City Public Library Board of Trustees - November 30 (4) Police Citizen Review Board - December 4 Recommendation to Council: Adopt PCRB Bylaws as recommended by Rules Committee.' b. Permit Motions and Resolutions as Recommended by the City Clerk. Consider .a motion approving a Class C Liquor License for Gasthaus, Inc., dba Jirsa's, 819 First Ave. (Renewal) (2) Consider a motion approving a Class C Beer Permit for JG Robins, Inc., dba Petro-n- Provisions, 2 Escort Lane. (New) (3) Consider a motion approving a Class E Beer Permit for Harold Washington dba The Cellar, 116 S. Linn St. (New) Consider a motion approving a Class E Liquor License for Harold Washington dba The Cellar, 116 S. Linn St. (New) (5) Consider a motion approving a Resolution to issue Cigarette Permits for Petro-n-Provisions, 2 Escort Lane and Tabac, Inc., 115 S. Dubuque St. #3 page 1 ITEM NO. 3 INTRODUCTION OF NEW BOARD/COMMISSION MEMBERS Nov/Are we going to do this standing up this way? Karr/Yes, that is fine. Whatever you are comfortable with. Nov/Well, I don't need to hold the microphone. We will do it this way. Karr/We are going to start with the introduction of new Board and Commission members for the Board of Appeals and here to present that is Doug Boothroy, Housing And Inspection Services Director. Boothroy/Good evening. The Board of Appeals hold appeals hearings on and determines the suitability of alternate materials and methods of construction and provides for reasonable interpretation of the of the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Mechanical Code, Uniform Fire Code, Dangerous Building Code, and the Iowa City Housing Code. Tonight we are recognizing two individuals, John Rothman and Gary Haman. Neither of these individuals are here. They have been re-appointed to another term on the Board of Appeals and I thank you. They have done a great service to the community in their service on that Board. Thank you. Karr/Okay and perhaps we can wait for applause until we have introduced all of our members. Board of Library Trustees. Susan Craig, Library Director. Craig/Hello. The Board of Library Trustees directs and controls all the affairs of the Iowa City Public Library and the mission of the Iowa City Public Library is to be an innovative, dynamic resource, central to literate and informed citizenry. The Library reflects and responds to the community and is committed to intellectual freedom, equal accessibility for a diverse population, life long learning beginning with the young child, and enhancement of cultural and leisure activities. We have one new Board member to introduce tonight, Linda Dellsperger who is joining us. Nov/Linda, I forgot, you are suppose to get a pin. I will get organized. Karr/The Design Review Committee is staffed by Jim Schoenfelder who was unable to join us tonight. however, I will read the Design Review Committee's report. The Design Review Committee recommends for City Council approval, aspects of This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997 F121697 #3 page 2 urban design components of urban renewal projects located in areas designated by City Ordinance. The Committee also fulfills its responsibilities as outlined in the Design Review Overlay Zone Ordinance. The City Council may also request advice and recommendations from the Design Review Committee on projects located outside of such designated urban renewal areas and designated Design Review Districts. The Design Review Committee is welcoming one new member who is here this evening, Tara Cronbaugh. The Human Rights Commission. Heather Shank. Shank/ Hi. The Human Rights Commission receives and determines the merits of human rights complaints alleging unfair or discriminatory practices in the area of employment, credit, public accommodation, education, and housing. The Commission shall provide conciliation and the enforcement necessary to further the anti-discriminatory goals of the Human Rights Ordinance and to protect citizens from unfounded charges of discriminatory practices. I would like to welcome to the Commission two re-appointments and one new appointment. The new appointment is Arthur Vincent. The first re-appointment is Diane Martin and Joan Jehle. Karr/Parks and Recreation Commission is staffed by Terry Trueblood who is unable to join us this evening. The Parks and Recreation Commission recommends and review policies, rules, regulations, ordinances and budgets relating to parks, playgrounds, recreation centers and cultural functions of the city and make such reports to the City Council as the Commission deems in the public interest. In addition, the Commission carries broad responsibility for the development of parks, recreation centers, playgrounds and cultural facilities to serve the City, including the creation and appointment of advisory groups to make studies. The Parks and Recreation Commission are welcoming two new members, Barbara Endel and Bruce Mauer. Police Citizen Review Board is staffed by Sandy Bauer who is Administrative Assistant to the Board. Bauer/ The Police Citizen Review Board reviews Police Department investigations into allegations of misconduct lodged against police officers. Conducts further investigation of the complaint when the Board deems it necessary and issues a public report which explains why and the extent to which the complaint is sustained or not sustained. Maintains a central registry of complaints against This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #3 page 3 swom police officers and issues annual reports regarding the disposition of the complaint to the City Council. Reviews police policies and practices and recommends changes to the City Council when the Board deems it appropriate. Newly appointed members are- And I am just going to list: Leah Cohen, Patricia Farrant, Paul Hoffey, Margaret Raymond, John Watson. Karr/Public Art Advisory Committee. Staffed by Planning and Community Development Director, Karin Franklin. Franklin/The duties of the Public Art Advisory Committee include developing by-laws and procedures for the new Iowa City Public Art Program; administering the Public Art Program by determining the placement of Public Art, the type of art to be used in a specific project and the artist to be engaged; overseeing the acceptance of gifts of art; overseeing the maintenance and disposition of public art and overseeing expenditures of the Public Art Program budget. This is a new group. The newly appointed members are Deborah Galbraith, Kevin Hanick, Lesley Wright and Nancy Purington. And Lesley Wright is the only member who is not here tonight. Karr/The Riverfront and Natural Areas Commission is staffed by Brad Neumann. Brad Neumann/The Riverfront and Natural Areas Commission investigates, studies, reviews and analyzes the needs of all waterways, especially the Iowa River, woodlands and wetlands within Iowa City and its designated fringe area. The Commission also determines what rules and regulations are needed and what policies should be established to assure protection, preservation and restoration of these nature features. The Commission is utilized to encourage the creation of trails and other recreational features within these areas and to enhance public awareness and appreciation of these environmental assets. We have two new members and one re-appointed member tonight. The new members are Lynn Rose and Dan Mascal, and the re-appointed member is Cortney Daniels. Karr/Senior Center Commission is staffed by Linda Copping, Senior Center Director. Linda Kopping/The Senior Center Commission serves in an advisory role to the City Council with regard to the needs of the Senior Center and its participants. In conjunction with this role, it makes policy and program recommendations; participates in seeking adequate financial resources for the operation of the center; encourages full participation by senior citizens; promotes the effective integration of the center into the community; and cooperates with organization sharing common goals. It also acts as an advocate with regards to the needs area senior This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #3 page 4 citizens in Iowa City and assists the City Manager in the evaluation of personnel. Recent appointments and re-appointments to the Senior Center Commission include Deborah Schoenfelder, Allen Monsanto, and Mary Kathryn Wallace. Of the three, Mary Kathryn Wallace, who is a re-appointment, is here with us tonight and I'd also like to mention, she's the chair of the commission. Kubby/(Can't hear). Karr/Now. Nov/I would like to say thank you to all of our citizen volunteers. We have about 20 boards and commissions and they're all, should I say, staff, volunteered by absolutely dedicated citizens and we appreciate their help. Kubby/This is really a nice new ceremony that we're doing because it helps us let the community know that all the boards and commissions we have and what they do, but it also allows each of us as council members to get to know name to face the different commission members instead of just seeing you name on applications or talking to you over the phone. it's really a pleasure to meet you folks in the flesh. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997 F121697 December 16, 1997 City of Iowa City Page 3 c. Setting Public Hearings. (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JANUARY 13 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY PHASE I IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: The construction of the Captain Irish Parkway Phase I Improvements include, Captain Irish Parkway from Dodge Street to the south entrance drive of ACT and the widening and signalization of Dodge Street at Captain Irish Parkway. Also included is a distribution water main along the north side of Captain Irish Parkway and a 24-inch feeder main along the south side of Captain Irish Parkway. Funding .will be from Road Use Taxes, General Obligation Bond proceeds, and water revenues. d. Resolutions. (1) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENT FOR COURT PARK SUBDIVISION, AND DECLARING THE PUBLIC IMPROVEMENT OPEN FOR PUBLIC USE. Comment: See Engineer's Report. (2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, TILE LINE, AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH POINTE ADDITION, PART 6, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. (3) CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF COURT STREET EXTENDED, PHASE IMPROVEMENTS. Comment: The City of Iowa City must acquire right-of-way, permanent easements, and temporary construction easements to facilitate the Court Street Extended paving improvements from its present easterly terminus to the westerly line of Windsor Ridge Subdivision, a length of approximately 1,720 feet. This resolution authorizes City staff to negotiate and the Mayor to sign these documents, including authorization of condemnation if necessary. Every effort will be made to negotiate acceptable agreements without resorting to condemnation. Prior to proceeding with condemnation, staff will notify Council. December 16, 1997 City of Iowa City Page 4 (4) CONSIDER A RESOLUTION APPROVING A JOINT AGREEMENT OF COMMUNICATION AND COOPERATION WITH RESPECT TO ALLOCATION AND DIVISION OF PROPERTY TAXES FOR INDUSTRIAL NEW JOSS TRAINING PROGRAMS. Comment: In October of 1995, as required by the Code of Iowa, the City and Kirkwood Community College entered into an agreement relating to the use of property taxes to fund the community college's industrial new jobs training program. The agreement was for a period of two years and has since expired. The proposed agreement between the City and Kirkwood outlines the procedures regarding the use of property taxes for jobs training projects. Correspondence. (1) (2) Holly Hart - Downtown Shuttle JCCOG Traffic Engineering Planner: (a) Removal of Bus Loading Zone in 100 Block of Clinton Street ITEM NO. 5. (3) Civil Service Commission submitting certified lists of applicants for the following position(s): (a)~ Parking Enforcement Attendant END OF CONSENT CALENDAR. o~'~ ~r~ PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). #5 page 1 ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Nov/ Item #5 is Public Discussion. This is for items that are not on today's agenda. Please sign in with your name and address and limit your comments to no longer than 5 minutes. Bebe Ballantyne/ A long name and a long street name. I'm Bebe Ballantyne, and I'm representing the Senior Center Commission to make our monthly report. There are just a couple of things to report at this time. One of them being that the heating vent and air conditioning project is underway at the center, and I think we're looking forward to having that done, because it will make the Center building a lot more comfortable for all of us with the temperature being more even all the time. The other report has to do with the Children's Bazaar, which we held just about a week ago, well, the first weekend in December, actually a couple weeks ago. It was immensely successful. There were 268 children who shopped for gifts for their families, and many of these children had a long list. Sometimes there were two sets of grandparents and a couple of aunts and uncles, and mother and father and three or four brothers and sisters, and it made it a long list, and it took an hour or more to get each child through the selection of their gifts and the wrapping and then taking them back to their parents. It was a nice experience. There were 419 volunteers involved in this project. That included people who did things behind the scenes as well as those who were on duty that day. I'm told there were 116 pounds of cookies involved. Those that were served, and those that were used in the cookie walk. And I didn't see very many left over. I think it was one of the best efforts yet for this project. I believe this was about the ninth time we've done this, and we don't know our final tallies yet, but I think it will be a pleasant surprise when it's all figured out. Thank you. Nov/ Have you decided where your money will be spent? Ballantyne/ This money goes to the Senior Center Girl Fund, for our expenses there. Nov/ Thank you. Steven Kanner/ My name's Steven Kanner, and three issues that I wanted to talk about. Before I do that, I wanted to also thank the people serving on the commissions. I admire what they're doing. The first is about, and these are issues that have been talked about already here, but it has just been something that I've been thinking about. The Christmas tree issue, I wanted to comment on that, just to let folks know another opinion on that. One of the best things that I think the framers of our Constitution did is to realize that religion and its practice is a contentious This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #5 page 2 issue. And they felt that we need protection from religion and for religion. And as a non-Christian, I see cut evergreen trees as a Christian symbol. And it's been that way for at least my lifetime, and for quite awhile before that. And someday in the future, perhaps, it won't be seen as a Christian symbol. But especially to non-Christians, especially myself as a Jewish person, it's, it's tied in strongly with the Christian religion, and to me, it represents Christianity. And as a citizen of Iowa City and of the United States, I do not want my tax dollars and my government to promote any kind of religion. And so I don't think it is right, even though the Supreme Court said that you can have Christmas trees in public spaces, paid for by, I don't know if it could be paid for by public government, but at least put in public spaces, I don't think it's right. And I think Iowa City can take a higher ground and say we're not going to be in the business of promoting religion. A possible solution is to give different groups a day or a week or a few days each on the Pedestrian Mall to set up a display. It could be religious, secular, educational, that's a possibility. With that, though, there are some possible problems. Like in other cities, you have the Ku Klux Klan setting up crosses and other things. And so it's a double-edged sword if you do that. So I'm not sure what the right solution is, but I know the solution is not to have a Christmas tree in a public space. If private individuals or businesses wish to do that, that's fine. And so I just wanted to express my viewpoints on that. Nov/ All right. For the record, it was privately funded. Kanner/ By the Business Association, correct, right. But it's on public space. And I don't think that's appropriate. Nov/ Just wanted to make it clear. Kanner/ Okay, thank you. And the second is the issue of Greyhound. I just happened to come in a month ago when you were talking about the contract with Greyhound for the bus station, and I should have spoken up then. One, I feel they are getting a great deal. That was brought up at the meeting. But I think we could have asked for them to do some more things. It's a bit of an eyesore, that comer, and I think they're making a bundle of money, Greyhound. I'm sure of it. And they could've fixed up the building. They could've expanded the seating area. They could have public lockers. I don't know if there's, there's some public lockers, I guess, in the Rec Center, but it would be nice to have them in the Greyhound there. I don't think there are any public lockers there. Also, although they say it's non-smoking, the person in there that runs the taxi service is smoking like crazy, and you go in there to buy a ticket, if you're sensitive at all to smoke, it's too much. We could have talked about not having smoking in there. And my This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #5 page 3 question is, how much are they getting from sub-leasing to the taxi company? I didn't hear that brought up at all. And maybe it should, because maybe they're getting close to what they're paying to us. So it seems like it would be quite a deal. And those things should be brought up. I think we might want to think about building one transportation center. I know the Mayor, you were talking about bringing in the, a train through Iowa City, and we should be talking about perhaps having one multi-use transportation center that would be of use for inter- city bus transportation such as Greyhound, for trains, if we get a train stop through here, which we really should, for public intra-city transportation, I think it would be a really, it would bring people into the city, it would be something that would be used, and it could be a really nice center for some different alternative transportation. And I think we need it as someone who uses that type of transportation. So I hope folks will consider that. And then, finally, the third thing I wanted to bring up is the idea of the shuttle. I think it's a great idea to have a shuttle, a free shuttle, or a low-price transportation system like that. But I think it's flawed the way it's set up. I don't think, when you have a shuttle that runs every half hour, it's going to attract people. I know for myself, and I think most people, you're not going to plan your day on catching a shuttle that only will save you about five minutes in walking, five to ten minutes at most in walking. I think, if something comes where you don't have to plan it, that comes every five to fifteen minutes, where you can just go to a spot, I think you're much more likely to take it, and I think that's what we have to move towards, a shuttle system like that. And I think the loop idea doesn't work either. For me, it doesn't work. I think the idea of something straight out and back is a much better use of our times. I think people would be willing to walk a block over to catch it, and therefore you can go further out and you can get more people. Definitely, we should look at ways to get it much farther beyond Lucas. And you've probably looked into this, but it seems that with the small amount of people that are using it, that vans would be a much better option. Smaller, and easier to get around in. You could have different drivers. And I would say one way to fund more shuttles and more public transportation is to look at not building the next parking garage and using the money from that. And I bet if you had a really good public transportation system, you wouldn't need that parking garage. And I know there's people all the time that are driving their cars from College and Summit downtown at night because they don't want to pay the 75 cents. They don't want to wait a half hour, an hour. And they know they're not going to get a bus on the way back. If there was buses and cheap transportation, you'd be cutting out a lot of cars and you'd be offering a good service. So that's what I wanted to say on those subjects. Thank you. Nov/ Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #5 page 4 Kubby/ Thanks, Steve. Nov/ Is there anyone else who would like to talk to the Council on a topic not on tonight's agenda? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 December 16, 1997 City of low;, City ITEM NO. 6. PLANNING AND ZONING MATTERS. Page 5 Consider a motion setting a public hearing for January 13 on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article L, entitled "Provisional Uses and Special Exceptions," to provide for temporary use permits to allow short-term activities, such as special events or seasonal outdoor storage and sales. Comment: At its December 4 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in a report dated November 12. Action: ~/4/'~/~.~ /~'~ Consider a motion setting a public hearing for January 13 on an ordinance amending the Building Code and Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to change the definition of GRADE. Comment: The Board of Appeals has recommended approval of the amendment to the Building Code. A recommendation from the Planning and Zoning Commission is expected to be available for the January 13 · Council meeting. Action:" Consider a resolution approving the annexation of a 2.59 acre tract located at 3151 Highway 6 East. (ANN97-0003) Comment: At its November 6 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed annexation. Staff recommended approval in a report dated October 16. Action: #6c page 1 ITEM NO. 6c PLANNING AND ZONING MATTERS - Consider a resolution approving the annexation of a 2.59 acre tract located at 3151 Highway 6 East. (ANN97-0003). Nov/ (Reads agenda item #6c). Norton/ Move adoption of the resolution. Nov/ Moved by Norton. Thomberry/ Second. Nov/ Seconded by Thomberry. Sarah Holecek/ Madam Mayor, excuse me. Madam Mayor, as we're having a re-zoning that's following along simultaneously with the annexation, because you typically cannot annex something that you haven't zoned, they do need to be done at the same meeting, so I'm going to request that you defer this until we actually have the pass and adopt meeting for the rezoning. Nov/ Okay. We've already decided to defer those, but I thought we could do the annexation. Okay. Norton/ Move to defer? Thornberry/ To what date? Nov/ January 13. I need a motion to defer to January 13. Thornberry/ Dee already did that. Nov/ Dee Norton, do you want to move it? Kubby/ We have to pass and adopt the rezoning before we can do the annexation? Holecek/ Well, it's my understanding, I'm sorry, repeat that Karen? Kubby/ Well, we have to, because we can't consider the ordinance because it would be first consideration tonight. We have to wait till pass and adopt before we can vote on annexation? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #6c page 2 Holecek/ Yes, I think that's accurate. Norton/ (Can't understand) action, I think. Holecek/ That's right. Nov/ I think that the rezoning is not involved is it? I thought it was just the plat. Norton/ Half of it. Holecek/ What I want to do is have the annexation done the same night as the rezoning. Nov/ And the rezoning isn't here. Holecek/ That's correct. The rezoning is here -- Norton/ Yeah, first reading. Vanderhoeff But we're deferring. Kubby/ She wants it passed, she wants the same night we pass and adopt the rezoning that we do the annexation. Franklin/ What you can do is have your action on the resolution to annex just prior to your last consideration of the rezoning that will happen on the same night. It will all then be done. You will have then annexed the property and you have rezoned it. Kubby/ So should we defer this to the second meeting in January? Norton/ Yeah. We won't do it by the 13th. Karr/ That depends, if you're going to collapse it on the 13th. You could collapse it. And that's why we're giving you that option. Norton/ That's true. Lehman/ Okay. Karr/ You could defer it again if you don't wish to collapse. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #6c page 3 Norton/ Well, I moved to defer it to the 13th, okay? Thomberry/ I'll second. Norton/ You got it. Nov/ Okay. Motion is now to defer this annexation to January 13th. Is there any further discussion? Okay. All in favor, please say aye- (ayes). Motion carried. Kubby/ Although, maybe this is a legal technicality but how can we rezone something that's not annexed to the City? Holecek/ You would do the annexation prior to the resolution. Kubby/ Okay. Holecek/ And so it -- Kubby/ It's in limbo for these few weeks. Holecek/ That's right. There's something of a limbo construct to the whole process at that point. Nov/ Okay. Kubby/ Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 December 16, 1997 City of Iowa City Page 6 Amending the Zoning Chapter by changing the zoning designation for a five acre tract located at 3151 Highway 6 East from County Rural {A1) (2.59 acres) and Rural Residential (RR-1) {2.41 acres) to RM-20, Medium Density Multi-Family Residential. (REZ97-0017) Comment: At its November 6 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the requested rezoning, subject to certain conditions. Staff recommended approval of the RM-20 rezoning in a staff report dated October 16 and set forth the conditions of approval in a memorandum dated November 6. (1) Public Hearing (continued from December 9) Action: (2) Consider an Ordinance (First consideration) Consider an ordinance amending the Zoning Chapter by amending Title 14, Chapter 6, 'Zoning," Article B, "Zoning Definitions," Section 2, by changing the definition of Transient Housing to increase the number of days persons are able to stay as temporary residents. (First consideration) Comment: At its November 6 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in an October 31 memorandum. Action: Consider an ordinance amending the Zoning Ordinance by changing the use regulations of a 2.81 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue, from County CP-1, Planned Commercial, to C1-1, Intensive Commercial. (REZ97-0014) (Pass and adopt) Comment: At its October 2 meeting, the Planning and Zoning Commission, by a vote of 7-0, recommended approval of the proposed rezoning. Staff recommended approval in a report dated September 18. Action: ~'~-~ / ~e~-~----~ #6d page 1 ITEM NO. 6d PLANNING AND ZONING MATTERS - Amending the Zoning Chapter by changing the zoning designation for a five acre tract located at 3151 Highway 6 East from County Rural (A 1 ) (2.59 acres) and Rural Residential (RR-1) (2/41 acres) to RM-20, Medium Density Multi-Family Residential (REZ97-0017). (1) Public Hearing (continued from December 9) Nov/ (Reads agenda item #6d) We have a p.h. that's continued from December 9th. I'm going to re-open the p.h. and then we're going to have first consideration of the ordinance. P.h. is open. Ralph Neuzil/ Mayor Novick, and members of the City Council, I am Ralph Neuzil. I live at 2520 Mayfield Road. I'm an attorney practicing here in Iowa City, representing the Moose Lodge, and I have the members of the Lodge as well as our Engineer to assist me in answering any questions you may have. I would like to publicly thank Sarah and her staff as well as all the members of the P/Z Commission and so on, that assisted me and my client in this rather complicated - - I mentioned to Sarah I thought this was almost unique project as far as I'm concerned, it's the most unusual one I've had. So, I do thank you, Sarah, for all the help you gave me, personally, for getting the various things in order so we could present this to you tonight, hopefully for your approval. If you have any questions, we'll try to answer them. Kubby/ I have a question, but it's really not about the land use on the new property, but it is what's going to happen to the Moose Lodge on Dover Street once everything is moved over and going? Do you have any specific plans? Neuzil/ I believe that I can speak for the Lodge, it will be put up for sale, and sold to somebody who will put it to good use, within the particular zone it's located in, because it also has a unique situation. Norton/ Are you happy that you're all prepared to take care of the parking and the queuing and the problems that might ultimately arise before we get an extra lane in that road? You think you think you can keep them off the street? Neuzil/ Well, I hope so. But it is, it's something that a lot of time has been put into to try to take care of all those problems that we can perceive. So I think it's, we're prepared to do the best we can. Nov/ Okay, thank you. Is there anyone else who wants to talk about the Moose and the rezoning? Okay. We're going to close the p.h. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #6d page 2 (2) Consider an Ordinance (First consideration). Nov/ We need a motion for first consideration. Lehman/ So moved. Norton/ Second. Nov/ Moved by Lehman and seconded by Norton that we approve first consideration of this rezoning. Is there any Council discussion? Kubby/ I'm expecting this big animal to come through the door at any moment. Nov/ Okay. I hear no discussion about the ordinance. Roll call, please - (ayes). We have approved this ordinance on a 6/0 vote. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 December 16, 1997 City of Iowa City Page 7 Consider a resolution approving a preliminary and final plat of a Resubdivision of Lot 7, WB Development, a 1.78 acre, two-lot commercial subdivision located southeast of the intersection of Naples Avenue and Escort Lane. (SUB97-0024) Comment: At its November 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the preliminary and final plat, subject to conditions concerning sanitary sewer capacity and the approval of legal papers prior to Council consideration of the plat. Staff recommended approval subject to conditions in a report dated November 20. Action: ho Consider a resolution approving a preliminary and final plat of a Resubdivision of Outlot A, WB Development, a 15.9 acre, one-lot commercial subdivision with one outlot located on the east side of Naples Avenue, across from Alyssa Court. (SUB97-0025) Comment: At its November 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the plat, subject to conditions concerning sanitary sewer issues, and approval of legal papers, construction drawings and a Sensitive Areas Site Plan prior to Council consideration. Staff recommended approval subject to conditions in a report dated November 6. Action: December 16, ITEM NO. 7. 1997 City of Iowa City Page 8 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR STABILIZATION OF THE MONTGOMERY-BUTLER HOUSE, LOCATED ON THE WEST SIDE OF N. DUBUQUE STREET AND SOUTH OF THE IOWA RIVER, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project involves stabilizing and protecting this mid-19th century building from further deterioration to allow rehabilitation of the building at some point in the future. The building will be secured, properly ventilated, and protected from the weather. This project is to be completed during the winter while the ground is frozen so that less care is needed to protect potential archaeological resources around the house. The total estimated cost of the stabilization work is $47,680. PUBLIC HEARING Action: ITEM NO. 8. bo CONSIDER A RESOLUTION APPROVING Action: CONSIDER AN ORDINANCE AMENDING TITLE 3, 'CITY FINANCES, TAXATION AND FEES,' CHAPTER 4, 'SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. (PASS AND ADOPT) Comment: The proposed ordinance for wastewater service charges and fees reduces the minimum usage from two hundred (200) cubic feet to one hundred (100) cubic feet and the minimum fee charged is reduced by 50%. Fees are then increased by 10%. A new five percent (5%) late penalty fee on the current portion of the bill is added. A new two-tiered rate structure for BOD is included. The effective date is for billings on or after March 1, 1998. #7 page 1 ITEM NO. 7 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR STABILIZATION OF THE MONTGOMERY-BUTLER HOUSE, LOCATED ON THE WEST SIDE OF N. DUBUQUE STREET AND SOUTH OF THE IOWA RIVER, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. a. PUBLIC HEARING Nov/ (Reads agenda item #7). P.h. is now open. Joni Kinsey/ I'm Joni Kinsey from 423 Church Street. I am also the president of the Board of Friends of Historic Preservation. And I'm simply here to encourage you to proceed with this stabilization. I won't belabor the point. Just by my identification, it's probably clear as to what I'm about to say. But I want to read a very brief quote from a new book called The Unreal America: Architecture and Allusion by Ada Louise Huxtable in which she says "To lose history is to lose place, identity, and meaning. The cherishing of the aesthetic in urban achievements of the past is critical to the quality of the environment and our lives. But continuity can be achieved only if the past is integrated into the contemporary context in a way that works and matters. Our awareness and appreciation of historic buildings and neighborhoods must be coupled with the sensitivity and desire for their continued relevance and use and for their connectedness for the way they bridge the years and the continuum of social, cultural, urban, and architectural history. It's their recycling and adaptation that will keep them as a living part of today's cities and communities." I think one of the great things about this proposal is that we are in fact assuring that this house will be available in the future for whatever it is determined to be. And this investment of 47-some thousand dollars might seem like a fairly substantial chunk, but, at the same time, we're really preserving a very important structure here, at least potentially important in the future, as so much of our early, early architecture in Iowa City is lost to us. So, I simply encourage you, on behalf of the Board of Friends of Historic Preservation to proceed with this stabilization. Thank you. Nov/ Thank you. Is there anyone else who would like to talk about this? P.h. is closed. b. CONSIDER A RESOLUTION APPROVING Nov/ We need a motion. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #7 page 2 Kubby/ Move adoption of the resolution. Norton/ Second. Nov/ Moved by Kubby, seconded by Norton. Is there any Council discussion? Norton/ Well, I just hope it hasn't gone too far, you know, it was pretty -- some of us were out there, what was it, a year ago, right? Thomberry/ Yeah. Norton/ And boy, it's in pretty tough shape. I, I'm all in favor of the points you're making, I just hope this proves to be one that we can turn into a virtue while we're buying some time here, and hope somebody can come up with a plan. Access is also extremely difficult, as you know, so ! do it because I don't want to see it go, but I'm not altogether sanguine about its ultimate future. Kubby/ Although we're in a position where we can't get our permits unless we do this, so in that sense, we're -- Norton/ Caught, yeah. Kubby/ We get to do this whether some of us want to, or not, and it would be great if the Friends could gather people together to get some private monies and stay in touch and conversations about how to use that property as an amenity to the water plant site, and to the community. Audience/ (Can't hear). Lehman/ Well, I agree with Dee. You know, I certainly do not object to preserving what's left of that building, which is pretty nearly nothing. When it comes to restoring that property, however, I think we have five years to do something with that, and I guess I question real strongly whether or not that will happen unless there is at least a partnership of public/private funds, because I, that restoration, to me, is going to be very, very expensive, and it'd be difficult to justify using all public funds. But certainly I have no problem with preserving what's left of it. Thornberry/ Well, both Dee and Karen stated very succinct facts about that property. I mean, it's a beautiful location overlooking the Iowa River, and it must've been a beautiful old, it must've been a beautiful building at one time. I toured it also. And we were directed not to walk inside the place. The floors are falling down. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #7 page 3 We're going to stabilize them and put on a new roof, a metal roof as I understand it, and block all entrances with wood or plastic or whatever, and spray stuff in there to discourage varmints -- Lehman/ Cfitters. Thornberry/ Cfitters. So that more deterioration doesn't happen. But there's a great big tree growing fight through the house. And it's pretty near a goner. I hope that it, in the future, it, you know, the money would be available from a public/private parmership, mainly private, to restore that building. It'd be fantastic, it'd be like a log cabin out there. It's just, like I said, a great setting. And like I said, it'd be nice to have that there, if it could be saved. It may be too far gone. You'll have to make the determination. Nov/ Well, we'll get someone who knows how to -- CHANGE TAPE TO REEL 97-167, SIDE A Nov/ Roll call- (yes). We have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #8 page 1 ITEM NO. 8 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. (PASS AND ADOPT). Nov/ (Reads agenda item #8). Lehman/ Move the adoption. Vanderhoef/ Second. Nov/ Moved by Lehman, seconded by Vanderhoef. Discussion? Norton/ Well, I feel compelled to make a couple of remarks. I just want to, I want to the public to understand what's happening here, that we are, have made a decision to change the minimum usage from 200 to 100, and it nets out, if you consider both wastewater and water, it nets out if we had followed our proposed plan at 15% and 10% increases, the bill would have gone up $6.50 or something like that, and in the meantime, in the present one, it's only going to go up $.57 1 think, on water Nov/ No, no -- Norton/ Something like -- Nov/ For some users, it may go up a minor amount. Norton/ Well, for an 800 cubic foot user, that's an average residential user. The average user is going to go up very slight. I think $.57 on water and down $.32 on sewer. So people are going to get, I think, really a big surprise that the projected increases are not going to happen this March. Which means that the City is deferring, finding that they don't need the money at the moment, deferring some of the costs, and therefore we'll probably have to come back at a later time, but we're going to get a break this next spring, and it's a big one. But I've been interested in spreading it out a little bit, so effectively, that's what's going to happen I guess. Nov/ That's what's going to happen. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #8 page 2 Norton/ It's going to be stretched out in time a little bit. Because the costs aren't disappearing. Kubby/ But that's to be seen yet. I mean, how far it's going to get stretched out. And we don't know yet if the rate increases are going to get stretched out further, just that the timing of the projects are going to be stretched out. Norton/ Well, we added the Willow Creek sewer, for example, there's a $7.5 million that we added to the wastewater side. I'm going to support it. I guess I would have perhaps preferred to do it in two different increments, that is, a partial break this year and a further break next year, but since we're already pretty well into doing the whole thing this spring, well I'm going to go with it. But I just want people to understand that we're not gone, we're just temporarily giving you a break. Lehman/ Well, I would concur with what you said, Dee, except that we set out a couple years ago a plan to raise the funds to build the new wastewater treatment plant and the new water plant. And that plan was spread over a period of years, listing the increases for those years. At that time, we though, we estimated the increases, the amount of revenue that would be required to do what we have to do. Because of a couple of contracts that came in very, very low, and because of other contracts which were not let last year, we have a surplus of collections that we did not anticipate. Now, we're right on schedule. We'll be doing the same thing, if we didn't have a plan to go forward with this, I would absolutely concur with what you say, but we do have a plan, and this is in accordance with our plan, and it keeps us on target. So I don't have a problem with a so-called reprieve for one year. Norton/ Well, I just say it's going to come because the cost has not literally gone down. we've added, in the water project costs, I think you'll find after we look at them in detail and I think we're going to be doing that pretty soon, we'll probably have gone up. The wastewater may have gone down, but we added the Willow Creek sewer. So my point is that we're probably going to need about the same amount of money, if not more than we ever did, and we're going to forgo collection $1,200,000 this year on residential users. Kubby/ But-- Lehman/ Our cash reserve position will still be the same because of the things I just mentioned. Norton/ But we're going to need that money down the road, I'll guaranteed you. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #8 page 3 Lehman/ Yeah, and then some. Kubby/ But the Willow Creek sewer wasn't part of, was an add-on -- Norton/ An add-on. Kubby/ Which we do frequently. And so as certain things are paid off, new projects come on. So it's not like we have to raise new money for that project because other water projects and sewer projects are paid for. But I do agree with you that because we have this plan, we need to monitor that the plan is on schedule, and that's one of the things, Dee, that you've consistently asked for, that maybe when we do get that information, maybe we should ask for it by a certain date, that we can look at how the projects have been stretched out, and where the money is in the plan that we've laid out to make sure that they're still working together. That the money and the projects and the scheduling is all, that we can understand that the plan is going to come to some, the same endpoint that we think it is. Norton/ I would very much like to see that done because I think we need to review this pretty carefully because we haven't over the years. And I want to see exactly how the thing is going. Because I know that costs have gone up for moving the pipeline, they've gone up for the Iowa River power dam, so some things are going up, some things are going down. I'd like to see where we stand, both in the phasing of the project, Steve, and in the financing. Because, literally, we're forgoing collection quite a bit of money this year in anticipation, but I'm worded and nervous that we're going to need it later, and maybe that's fine. Kubby/ Steve,-- Norton/ People should understand it. Nov/ We did collect money last year that we ended up not spending though. Norton/ I understand that. I understand. Nov/ So, it is sitting in -- Norton/ And we're earning interest on that, too, so there's some benefits there. I understand. I don't want to gather more than we need. But I just want to understand that it may last a little longer than we had projected. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #8 page 4 Nov/ Well, that's not so bad. Kubby/ Well, maybe in February would be a good time, because we'll be finishing up with our budget discussions, and can spend some time, maybe even a special work session, on water and sewer plant projects and money, to really review everything and make sure we're still on schedule in the long haul, not just in the short-term. Norton/ We've had that on the agenda for quite a while, and it seems to me it might be timely, as soon as we can, we need to maybe set up a time to do that. Kubby/ I'd like a special meeting in February just to talk about water and sewer. Norton/ Would that be appropriate? Steve Atkins/ That's fine. Kubby/ Those are huge commitments on the part of this community for public health initiatives, and we have a plan, it's important to monitor, that's one of our jobs. Vanderhoef/ I think it would be real beneficial to do that, with our new Council people. Norton/ That'll bring everybody up to speed, kind of, on this whole -- that's right. Vanderhoef/ Bring everybody up and get their questions asked, and look at it again. Norton/ That would be good. In February? We got enough votes? Karr/ We got it. Atkins/ Yeah. Nov/ All right. Norton/ Let's do it. Thornberry/ Dates in February? A lot of us are going to be gone. Norton/ We're not picking a random date, we're saying in February sometime. Thornberry/ I know. That's what I'm saying. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #8 page 5 Nov/ Well, we'll work it out. Thomberry/ We? Nov/ I'm sure that Marian will have everybody's calendar at her beck and call. Kubby/ Maybe during our organizational meeting in January that should be one of the items, to set aside a few dates for work sessions that are not regular work sessions. Norton/ Maybe Valentine's Day so we can all feel the love-fest, right? Nov/ Moving on. Is there any further discussion on wastewater fees? Roll call- (yes; Baker absent). We have passed that ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 December 16, 1997 City of Iowa City Page 9 ITEM NO. 9. ITEM NO. 10. 5~' / ~7 ITEM NO. 11. CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. (PASS AND ADOPT) Comment: The proposed ordinance for water service charges and fees reduces the minimum usage from two hundred (200) cubic feet to one hundred (100) cubic feet and the minimum fee charged is reduced by 50%. Fees are then increased by 15%. A new five percent (5%) late penalty fee on the current portion of the bill is added. The effective date is for billings on or after March 1, 1998. CONSIDER AN ORDINANCE AMENDING TITLE '3, 'CITY FINANCES, TAXATION AND FEES,' CHAPTER 4, 'SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES' OF THE CITY CODE, TO ADD A DELINQUENCY CHARGES OF FIVE PERCENT TO SOLID WASTE. (PASS AND ADOPT) Comment: The proposed ordinance includes a five percent (5%) late penalty fee on the current portion of the bill. Action= 7 'J~O~/L~¢~i-~/ /~~~. /') ~- (~ CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE A, ENTITLED "GENERAL PROVISIONS," SUBSECTION 6, ENTITLED "BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS" OF THE CITY CODE TO AUTHORIZE A DELINQUENCY CHARGE WHEN THE ACCOUNT IS CONSIDERED DELINQUENT. (PASS AND ADOPT) Comment: five percent {5%) delinquency charge is assessed. included in Council packet. The proposed ordinance adds-in language regarding' when the Staff memorandum #9 page 1 ITEM NO. 9 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. (PASS AND ADOPT). Nov/ (Reads agenda item #9). Norton/ Move adoption. Lehman/ Second. Nov/ We need a motion. Did somebody move? Okay, sorry. Norton, and Lehman seconded? Discussion? Kubby/ I still don't like the late fee, but I like everything else, so I'll be voting for it. But I'll be voting no on the next item that has just the late fee. Nov/ Okay. Anything else? Roll call- (yes; Baker absent). We have passed the ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #10 page 1 ITEM NO. 10 CONSDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO ADD A DELINQUENCY CHARGE OF FIVE PERCENT TO SOLID WASTE. (PASS AND ADOPT). Nov/ (Reads agenda item #10). Thornberry/ Move adoption of the ordinance. Vanderhoef/ Second. Nov/ Moved by Thornberry, seconded by Vanderhoef. Discussion? Kubby/ I guess I should clarify. I don't mind the delinquency fee. I mind the percentage, the number percentage, the size of the late penalty. Nov/ And this will add 5% to solid waste, so someone who is late paying water and wastewater and solid waste will have a 5% fee on the entire package. Lehman/ Solid waste is like what, how much a month? Norton/ $8.75? Atkins/ $11 Nov/ $11-something. Kubby/That's with recycling. Norton/ Recycling. It's $8.75 base. Lehman/ So 5% would, in effect, be approximately $.55, which wouldn't begin to cover the cost of sending the delinquency notice. Is that correct? Nov/ It if it were just solid waste? Lehman/ Yeah. Council/ (All talking). This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #10 page 2 Norton/ It's in the package, yeah. Lehman/ But we did look at the cost of a flat late fee as opposed to the 5%, and until you reach what, $60, $70, $80, it's, the 5% is less than the flat fee. Norton/ Yeah. Thornberry/ Yeah, we didn't think a dollar would get their attention. Lehman/ So, it seems to me that those folks on lower income, with smaller bills, are far less, are hit far less hard by the 5% than they would've been by the flat fee. So I'll support this. Vanderhoeff I, too, will support it, but I just thought we should put it in the record that we did check the legality of this, and Sarah clarified that we are definitely okay in doing it whichever way we want to, whether we have an administrative fee and a percent, or whether we just do a straight percent. So, thank you for your research, and we know we're on track, and I will support this. Norton/ We also looked at other cities, and we're in, some of them are up to 10%. So we're in a rational position. Reasonable. Maybe reasonable's better than rational. Nov/ Roll call- (yes; Kubby voting no; Baker absent). Kubby/ Does that mean I'm irrational? Norton/ Yes. Nov/ Good. Norton/ Occasionally. Nov/ Okay. We have passed this ordinance on a 5/1 vote. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #11 page 1 ITEM NO. 11 CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE A, ENTITLED "GENERAL PROVISIONS," SUBSECTION 6, ENTITLED "BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOLINTS" OF THE CITY CODE TO AUTHORIZE A DELINQUENCY CHARGE WHEN THE ACCOUNT IS CONSIDERED DELINQUENT. (PASS AND ADOPT). Nov/ (Reads agenda item #11). And we need a motion. Vanderhoef/ Move to pass and adopt. Thornberry/ Second. Nov/ Moved by Vanderhoef, seconded by Thomberry. Any discussion? Kubby/ I'll be supporting this because this particular ordinance talks about when an account is considered delinquent, not the amount. So, I support that. Nov/ Any other discussion? Roll call- (yes; Baker absent). We have adopted the ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 December 16, 1997 City of Iowa City Page 10 ITEM NO. 12. ~-;~ ~// ITEM NO. 13. ITEM NO. 14. CONSIDER A RESOLUTION RESCINDING RESOLUTION 96-22, AND ESTABLISHING A DISCOUNT PROGRAM FOR CITY UTILITY SERVICES INCLUDING WATER, WASTEWATER, SOLID WASTE AND/OR RECYCLING FOR QUALIFYING LOW INCOME RESIDENTS. Comment: This resolution amends the Water and Wastewater discount from 50% of the minimum fee to 60% of the minimum fee, effective March 1, '1998. Staff memorandum included in Council packet. Action: CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PARKS & FORESTRY DIVISIONS OF THE PARKS & RECREATION DEPARTMENT AND AMENDING THE AFSCME AND ADMINISTRATIVE PAY PLANS. Comment: Due to the retirement of the Parks Superintendent and the resulting vacancy, the Parks & Recreation Director is recommending a reorganization plan whereby the Parks, Forestry, and CBD Divisions will be merged and work under one division manager. This plan will result in the elimination of two administrative positions (Parks Superintendent and City Forester) and the creation of one new administrative position (Superintendent of Parks/Forestry/CBD). One new Senior Maintenance Worker and one new Clerk Typist will also be added. This plan provides for the addition of needed maintenance and clerical help at a cost savings of approximately $15,000 the first year. Action: .~'~.-~ ~/~~/ a. Previously-Announced Vacancies. (1) Human Rights Commission: One vacancy to fill an unexpired term ending January 1, 2000. (Mary Theisen resigned.) {3 males and 5 females currently serve on this Commission.) Correspondence included in Council packet. This appointment will be made at the January 13 Council meeting. ITEM NO. 15. CITY COUNCIL APPOINTMENTS. Consider one appointment to the Airport Commission: To fill unexpired term ending March 1, 2003. (John Penick resigned.) males and 0 females currently serve on this Commission.) Action: ~~ ~ an #13 page 1 ITEM NO. 13 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PARKS AND FORESTRY DIVISIONS OF THE PARKS AND RECREATION DEPARTMENT AND AMENDING THE AFSCME AND ADMINISTRATIVE PAY PLANS. Nov/ (Reads agenda item #13). And I should clarify, part of that $15,000 is the fact that the Park Superintendent position has been vacant for a little while. We need a motion. Vanderhoef/ Move adoption. Kubby/ Second. Nov/ Moved by Vanderhoef, seconded by Kubby. Discussion? Vanderhoef/ Just to be real clear, that when it talks about the elimination of two administrative positions, we're not eliminating any people, because the one person, yes, retired, and the other person is the person that's being moved up to be the Director. So, we're not laying off anybody here, and we're getting additional workers for this price. Norton/ This looks like a real win-win situation. Vanderhoef/ I think it is. Nov/ Any other discussion? Roll call- (yes; Baker absent). We have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 December 16, 1997 City of Iowa City Page 11 Consider one appointment to the Board of Adjustment: To fill a five- year term ending January 1, 2003. (Term expires for Pat Eckhardt.) (2 females and 2 males currently serve on this Board.) Action: ITEM NO. 16. CITY COUNCIL INFORMATION. ITEM NO. 17. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. City Attorney. ITEM NO. 18. ADJOURNMENT. #16 page 1 ITEM NO. 16 CITY COUNCIL INFORMATION. Nov/ Item #16 is City Council Information. And, would you like to start, Dee? Vanderhoef/ I'll start, and say Happy Holidays, and I have nothing, Madam Mayor. Nov/ Okay. How was the Convention and Visitors Bureau meeting today? Vanderhoef/ It was well-attended by all the Board members, and we had probably 20 of the volunteers who work weekly at the Convention and Visitor Bureau there that were honored. Nov/ Very nice. Vanderhoef/ It was lovely. Nov/ Yes. We honored volunteers twice today. Or rather, you honored volunteers twice today. Dean? Thornberry/ I would just like to wish the public Happy Holidays. This is December 16th, and this will be our last meeting of the year. And the last meeting by our illustrious Mayor, Naomi Novick. And I would like to say thank you for all your help these two years that I've been on the Council, Naomi, and Happy Retirement, and go to work now. Nov/ Okay. Ernie? Lehman/ I would like to pass, because for once, I'd like to be the last one to speak on the Council. Thornberry/ Yeah, you'll never do it. Nov/ The last one, okay. Karen? Kubby/ Well, I also wanted to say good-bye to both Naomi and Larry, and none of us knew that, before the last meeting, that Larry wasn't going to be at this meeting, but when we say good-bye to Larry and Naomi, we're also saying good-bye to a group. Because whenever new people come on, whether it's one or more new people, it's a whole different group. It's a different group dynamic. It's time to start over. And so, you know, when I start thinking about the last two years, and things that we've had to deal with, it's been some really challenging moments the This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #16 page 2 last two years. In looking at the Airport Master Plan, and struggling with some financial issues, with going through the Comprehensive Plan discussion, and dealing with the death of Eric Shaw by an Iowa City Police Officer, or not dealing with it, depending on your perspective at different moments, it's been a really challenging couple of years. And so, although some people in the community think we haven't been very effective or we've been not very decisive, it's been under some really strenuous circumstances from my point of view. And in saying good-bye and reflecting on that, it's also an opportunity to start thinking about the challenges of the next two years, and working again, to implement the Comprehensive Plan, and to work on expanding the library and dealing with financial issues. So, it's kind of a good reflection time, and a time of anticipation for new things coming up. And so I just want to say, have a good life on the outside, Naomi. Nov/ I definitely will. Thank you. Kubby/ I also had a couple other short, actually just one other thing is anyone planning to come to my office hours tomorrow, or on Thursday, I may or may not be there. I'm helping my 93 year old grandmother move into an eldercare facility in Des Moines. I don't know how long packing will take, so I may or may not get back by 4:00 for my office hours. So, if I'm not there, my apologies, but family does come first sometimes. That's all I have. Norton/ I want to add my thanks and my best wishes to Naomi and our colleague Larry who's off on the (can't understand) again. It's been really enjoyable working with you. And I wish you well. On a couple of other points I want to make. I want to end the year by saying good-bye to The Cliffs issue. Kubby/ We hope. Norton/ We found in our packet -- Nov/ Fifteen years. Norton/ Presumably this is not going to carry over to the new Council. But, the cliff is presumably stabilized. We are over the cliff, you might say. Nov/ Well, let's hope so. Norton/ I want to also comment. The other night, I went to the United Way hearings, substituting for Dean Thornberry. He and Karen are our representatives to those This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #16 page 3 hearings. But, and five agencies I think presented that night, Mayor's Youth, and ACAP and Youth Homes, and Big Brothers and Big Sisters, and United Action Youth. And it's really an impressive process. And I think anybody who hasn't been, Council or other, would be very impressed to hear the briefings that are given by the leaders of those organizations and the good things that are going on in the community. It's, it's a long tough evening, and I respect you guys for your sitting there. Because it's tough work. Nov/ It is. I did that for several years. Norton/ But it's impressive, very impressive. Kubby/ And I'm going to be gone tomorrow night, and I just found out that I needed to go to Des Moines yesterday, so if you'll be there, then you can fill me in on anything of great importance. Norton/ I have some notes for you too, Dean, from my previous -- I also wanted to say, I, you mentioned last night the mural at City High, that Byron Burford painted back in 1946, it's almost before my time -- well, not quite. Thomberry/ Oh, come on. Norton/ A couple of years before my -- Byron's been a good friend for fifty years. But at any rate, it was very nice, and the mural looks beautiful, and I think there's a project underway to try to restore the rest of the auditorium out there. But it was a nice occasion, and I represented you, and you sent your best. Now, the other thing I wanted to comment on was an ad in the paper. This is not a commercial, but Vortex had an ad that said "parking in New York City's $24, parking in Chicago is $14, parking in Iowa City, free with a stamp." 2,154 spaces within 2 blocks. I thought it was quite a, quite an impressive comment. And I was thinking about all the things we could list that are happening downtown, the police patrol, the improvements on the mall that are underway, the lighting in the alleys, the graffiti control, the police beat, the shuttle, the angle parking, the directional signs, the improvements in the ramps, I mean, it's quite a long list. Longer than we've seen published recently. It's an impressive list, and I think we need to keep it up. A lot of places in town need it, but the downtown is still the heart of this community in my judgment. Okay. That's it. Nov/ That's it? You want to go now? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #16 page 4 Lehman/ Naomi, I have a couple of comments. I think the first really are for the public and those folks who are watching. And they're relative to you, Your Honor. You know, during your time on the Council, both as Mayor and as Council member, there've been, I think, things that have occurred that will have a lasting influence on the community, and definitely will have an effect on the future. The adoption of the Airport Master Plan, obviously is an important one. There are some economic development projects associated with that that may have long term significance. The industrial park that we put on the east side of town with your help along with the rest of us, I think, was a significant step. Obviously, and we talked about it earlier tonight, but the wastewater plant, the sewage treatment plant, the new water treatment facilities have all been done during your time on the Council. We're not blaming you for the costs, mind you. Curbside recycling, which I think is a, is a giant step, occurred during your time on the Council. Neighborhoods, and I think the importance of neighborhoods to Council for their input and for the community as a whole, those concepts basically have come about in the last eight years, and more recently than that, probably. The updated Comprehensive Plan that we just finished, obviously, is something that will go into many years to come, I hope. A lot of things, the Sensitive Areas ordinance is another one that I think obviously, I think, was a great ordinance. We're going to live with that, and I think it's going to be something that will enhance our environment. These are all things that you've been involved with. And in case anybody doesn't think that Naomi is involved with economic development, since she's been on the Council, there've been $419,534,000 in building permits. Now we're not going to give you total credit for that. Nov/ Absolutely not. Lehman/ But I think that is extremely significant. Now, we have something to present to you. I think it's a plaque. And we're going to have you check the spelling on it. Kubby/ Make sure there are no grammatical errors. Norton/ Yeah, we put some in there on purpose. Lehman/ To Naomi J. Novick, Mayor, City of Iowa City, 1996-1997. And I think you'll find the spelling is correct on that. Nov/ Yes, indeed. Lehman/ Now, that's not all, because I understand it's traditional that the Mayor gets a picture, which we have. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #16 page 5 Nov/ A picture? Lehman/ Yeah. Nov/ I want the one with the City Council members on the front door. Oh, that's very nice, thank you. Norton/ That's nice. Nov/ Thank you. Kubby/ Is this something that was picked out from our employee's art committee? Atkins/ Yes. Nov/ It says employee art fund. Lehman/ Well, that isn't the plaque that's going to be on it. This is the plaque, and we didn't put it on it because we wanted you to have a chance, again, to check the punctuation, and the spelling. You know, to be sure, that it's correct. Nov/ Of course, of course, thank you. Lehman/ Now, you will be receiving the print, along with a gift certificate to have it framed wherever you would like, and assuming this is correct -- Nov/Yes, yes. Lehman/ That will be, of course, part of the framing. Now that's part of the public part. Now I've got a personal part. Thornberry/ Why don't you show the people what that s.~ Norton/ Oh, can they see it? Nov/ Oh, it's fabulous. It's our downtown pedestrian mall. Lehman/ Clean. Nov/ Absolutely. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #16 page 6 Thomberry/ The green machine has just come through. Norton/ Absolutely. It's just been through. We didn't talk about cleaning downtown. Yeah, that's another thing. Nov/ Well, they're doing all that. Vanderhoef/ Add it to her list of accomplishments. Nov/ And I have to add that all of the improvements downtown were under discussion before we ever heard about a mall in Coralville. Lehman/ Naomi, you're interrupting me. I'm not done yet. Naomi, I think that all of us appreciate the fact that you have been a very sensitive and caring person. You've been sensitive to other members on the Council, and I notice in particular when these young folks come up for their Citizenship awards, you're like a, I used to have said mother -- Nov/ Teacher? Lehman/ No, no, I've got to say grandmother now. But, I mean, you so thoroughly enjoy that, and I think that's so important to those kids. And I think it really, really makes it. You've done a tremendous job. You're a caring and honest person. I think we all really appreciate that. And one thing that you've been able to do that I wish we all could, and maybe we've learned, you can disagree without being disagreeable. And I think that's tremendous. That you've always been a real lady and it's been a pleasure serving with you. And we have one other thing to give you. I thought that flowers are supposed to be kind of nice, and so I heard this thing, you know, that there's a list of flowers that you give for the right occasions. Nov/ Oh. Lehman/ Well, the first one was pink carnations, and that means I'll never forget you. Well, I probably won't, but I didn't get them anyway. The other one was dead leaves. Well, that's sadness, and I think we're all going to be sad to see you go. And then there was mistletoe, and that's kiss me, affection, and I realize this isn't the federal government, so I couldn't do that. Anyway, I was going to give you a spider flower, and that means elope with me, but my wife says we can't do that. So instead, Marian has something here. This is a bouquet of roses, and according This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #16 page 7 to this, Naomi, it means gratitude. And I think on the part of the whole Council, thank you very, very much. Nov/ You're welcome. Speechless. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 #17b page 1 ITEM NO. 17b REPORT ON ITEMS FROM THE CITY ATTORNEY. Nov/ City Attorney? Holecek/ Well, just for your information, with regard to the Cliffs, you have, I believe, I'd reported to you that we've received the TerraCon report and they are in substantial compliance. There are two minor, very minor punchlist items that do not have us contemplating going forward with any fines, and we're going to get those cleaned up. So you can congratulate yourselves that that has been completed. Nov/ That is truly a relief. Norton/ From a legal standpoint. Nov/ There was an urban environment ad hoc committee formed because of that erosion. Larry Baker and I were on that committee. It's finally settled. Holecek/ How many years ago was that, Naomi? Nov/ Fifteen years. Norton/ Poetic justice. Kubby/And because of all that conversation over the years, and a lot of other things contributing, is why we have our Sensitive Areas ordinance. Norton/ Yes, indeed it is. Nov/ Absolutely. Kubby/ Maybe we should be grateful? Maybe not that far. Nov/ In case anyone feels like saying thank you to Glasgow because we have serious ordinance, it's not inappropriate. Kubby/ Yeah, thanks Glasgow. Nov/ And I would like to thank you, everyone. The City Council, the Staff, and the public. Thank you all. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 16, 1997. F121697 City Council Meeting Schedule and Tentative Work Session Agendas December 12, 1997 December 15 - 28, 1997 [~ = Telecast Live on Cable Channel 4 I December 15 Monday 7:00p COUNCIL WORK SESSION Council Chambers 7:00p 7:20p 8:10p 8:20p 8:30p 8:40p 8:50p Review Zoning Matters Peninsula - Proposed Development Process Low-Income Policy and Late Payment Fees Parks and Recreation Reorganization Sister City Council Appointments: Airport Commission (1); Board of Adjustment (1) Council Agenda/Council Time I December 16 6:30p 7:00p RECEPTION FOR NEW BOARD/COMMISSION MEMBERS FORMAL COUNCIL MEETING ~] Tuesday City Manager's Conf. Rm. Council Chambers I December 25 CHRISTMAS HOLIDAY - CITY OFFICES CLOSED Thursday I December 26 HOLIDAY - CITY OFFICES CLOSED Friday J Keg Ordinance Hickory Hill West Water Project Costs Chutes and Vaults Sales Tax HCDC Issues FUTURE WORK SESSION ITEMS Landfill Master Plan Sand Point Wells DARE Program Review Sanitary Sewer Repair - New Policy Update Housing Forum Peninsula