HomeMy WebLinkAbout1996-12-03 Minutes numbered (3)Subject to change as finalized by the City Clerk.
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
DECEMBER 3, 1996
Iowa City City Council, regular meeting, 7:00 p.m. at the C~vic Center. Mayor
Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick,
Thornberry, Vanderhoef. Absent: None. Staff Members present: Atkins, Helling, Mitchell,
Karr, Schoon, Franklin, Boothroy, Handsaker, Schmadeke, Fosse, Yucuis. Council minutes
tape recorded on Tapes 96-138, Side 2; 96-140 & 141, Both Sides; 96-142, Side 1.
The Mayor presented the Outstanding Student Citizen Awards to Robert Lucas
Elementary School: Jenna Dibbern, Tom Lalla, Lisa Morano.
Moved by Kubby, seconded by Thornberry, that the following items and recommen-
dations in the Consent Calendar be received, or approved, and/or adopted as amended and
to delete item 3e(4) a resolution authorizing the adoption of the allowances for ten-
ant-furnished utilities and other services for the Iowa City Housing Authority programs; and
item 3e(5) a resolution authorizing the adoption of the revised voucher payment standards
for the Iowa City Housing Authority voucher program, from the Consent Calendar and
consider as separate items:
Approval of Official Council Actions of the special meeting of November 19,
1996, as published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Airport Comm. - October 10, 1996.
P&Z Comm. - October 17, 1996, November 7, 1996.
Permit Motions: Approving a Class C Liquor License for Carlos O'Kelly's
Mexican Care, 1411 S. Waterfront Dr. Approving a Class C Liquor License for
Ground Round, 830 S. Riverside Dr. Approving a Special Class C Liquor License for
Co~;ntry Kitchen of Iowa City, 1402 Gilbert St.
Motions: Approve disbursements in the amount of $10,284,276.02 for the
period of October 1 through October 31, 1996, as recommended by the Finance Di-
rector subject to audit.
Resolutions, Bk. 116: RES. 96-317, p. 317, AUTHORIZING THE HISTORIC
PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL
GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF
CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORIC
RESOURCES WITHIN A PORTION OF THE LONGFELLOW NEIGHBORFlOOD. RES.
96-318, p. 318, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE IOWA
RIVER CORRIDOR TRAIL PROJECT, IOWA MEMORIAL UNION BRIDGE TO IOWA
AVENUE. RES. 96-319, p. 31 9, ACCEPTING WORK FOR THE CONSTRUCTION OF
THE ABBEY LANE SANITARY SEWER PROJECT.
Correspondence: John Weber regarding pedicab insurance. Bill Kidwell
(Windsor Ridge Homeowners Association) regarding speed limits on American
Legion Road. Joe Eichelberger regarding Oakland Cemetery. Betty Sedlacek regard;
ing Oakland Cemetery. Fran Jensen (Iowa City & Coralville Convention and Visitors'
Bureau) regarding hotel/motel tax revenues. The Monday Forum regarding security--~
and enforcement for Central Business District Dean A Spina, Bradley & Riley, P C ,--~
regarding request for an independent investigation, Yeggy property. Three letters
from Monday Forum regarding the library; umversity pedestrian bridge on Dubuque
St.; and graffiti.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Kubby, seconded by Norton, to defer to December 17, 1996, a resolut on.
authorizing the adoption of the allowances for tenant-furnished utilities and other services
Council Activities
December 3, 1996
Page 2
for the Iowa City Housing Authority programs. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Kubby, seconded by Baker, to adopt RES. 96-320, Bk. 116, p. 320, A .~_~
RESOLUTION AUTHORIZING THE ADOPTION OF THE REVISED VOUCHER PAYMENT
STANDARDS FOR THE IOWA CITY HOUSING AUTHORITY VOUCHER PROGRAM. Moved
by Vanderhoef, to amend the effective date to February 1, 1997. The motion died for lack
of a second. Moved by Vanderhoef, seconded by Thornberry, to amend the effective date
to January 1, 1997. The Mayor declared the motion defeated, 2~5, with Vanderhoef and
Thornberry voting "Aye." The Mayor declared the original resolution adopted, 5/2, with the
following division of roll call vote: Ayes: Lehman, Norton, Novick, Baker, Kubby. Nays:
Thornberry, Vanderhoef. Absent: None.
Carol DeProsse and Jay Shaw appeared regarding the Eric Shaw inc!dent. John.~--~--(~
Weber, Jawbone Pedicab Company, appeared requesting a reduction in the City s insurance ,~ ~'
liability requirements for pedicabs. Council requested the matter be scheduled for Council
work session of December 16.
Moved by Lehman, seconded by Norton, to set a public hearing for December 17,
1996, on an ordinance vacating the north 12.5 feet of the F Street right-of-way for a
distance of 75 feet immediately west of First Avenue (Pelsang). The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Thornberry, that the rule requiring ordinances to
be considered and voted on prior to the meeting at which it is to be finally passed be
suspended, the second consideration and vote be waived, and that ORD. 96-3756, Bk. 39,
p. 50, AMENDING TITLE 14, CHAPTER 6, ARTICLE J, ENTITLED "OVERLAY ZONES,"
SECTION 2, ENTITLED "PLANNED DEVELOPMENT HOUSING OVERLAY ZONE (OPDH),"
SUBSECTION D, ENTITLED "REGULATIONS," TO INDICATE THAT PARKING REDUCTIONS
MAY BE APPROVED FOR NON-RESIDENTIAL USES AS PART OF A SENSITIVE AREAS
OVERLAY REZONING, be voted on for final passage at this time. The Mayor declared the
motion carried, 6/1, with the following division of roll call vote: Ayes; Norton, Novick,
Thornberry, Vanderhoef, Baker, Lehman. Nays: Kubby. Absent: None. Moved by
Vanderhoef, seconded by Thornberry, that the ordinance be finally adopted at this time.
Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared
the motion carried.
Moved by Kubby, seconded by Norton, to adopt ORD. 96-3757, Bk. 39, p. 51,
AMENDING TITLE 14, CHAPTER 7, ENTITLED "LAND SUBDIVISIONS," ARTICLE A,
ENTITLED "GENERAL SUBDIVISION PROVISIONS," SECTION 4, ENTITLED
"ESTABLISHMENT OF CONTROL," PERTAINING TO CITY REVIEW OF SUBDIVISIONS
LOCATED WITHIN TWO MILES OF THE CITY'S BOUNDARIES. Affirmative roll call vote
unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Lehman, seconded by Thornberry, to adopt ORD. 96-3758, Bk. 39, p. 52.
AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE M, ENTITLED
"ACCESSORY USES AND BUILDINGS," TO AMEND THE LOCATION RESTRICTIONS OF
SATELLITE RECEIVING DEVICES. Affirmative roll call vote unanimous, 7~0, all Council
Members present. The Mayor declared the ordinance adopted.
Moved by Vanderhoef, seconded by Lehman, to adopt ORD. 96-3759, Bk. 39, p.~
53, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE I, ENTITLED
"PUBLIC ZONE," SUBSECTION 4, ENTITLED "SPECIAL EXCEPTIONS," TO ALLOW
COMMUNICATIONS TOWERS AS A SPECIAL EXCEPTION IN THE P, PUBLIC ZONE. Lyone
Fein, 605 E. Burlington, appeared. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the ordinance adopted.
Moved by Thornberry, seconded by Norton, to adopt ORD. 96-3760, Bk. 39, p. 54, L~(~
AMENDING TITLE '~4, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED
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December 3, 1996
Page 3
"DEFINITIONS," TO ADD DEFINITIONS ASSOCIATED WITH WIRELESS
COMMUNICATIONS FACILITIES, INCLUDING "COMMUNICATIONS TOWER,"
"COMMUNICATIONS EQUIPMENT BUILDING," AND "COMMUNICATIONS STATION."
Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared
the ordinance adopted.
A public hearing was held on an ordinance amending City Code Title 4, entitled /"/~),.~
"Alcoholic Beverages," Chapter 3, entitled "Outdoor Service Areas; Seasonal, Five Day or
Fourteen Day Licenses and Permits," and Chapter 1, entitled "Definitions"; and Title 10,
entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks." Lyone Fein, 605 E. Burlington, and Dean DeSchepper, Panchero's, appeared.
Asst. City Arty. Mitchell and City Clerk Karr present for discussion. Council directed staff
to remove microwave oven from the restaurant definition; add language to Section VI to
clarify sidewalk cafes on top of sidewalk must provide suitable access to persons with
disabilities; and remove the present and proposed sunset clause in Section VIII. Moved by
Kubby, seconded by Vanderhoef, to accept correspondence from Dean DeSchepper,
General Manager for Panchero's Inc. The Mayor declared the motion carried unanimously,
7/0, all Council Members present.
Moved by Lehman, seconded by Thornberry, to adopt RES. 96-321, Bk. 116, p,
321, APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO SUITE 160, OLD
CAPITOL MALL, 201 S. CLINTON STREET (Taco Bell). Economic Development Planner
Schoon present for discussion. Individual Council Members expressed their wews.
Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 96-322, Bk. 116, p.
322, AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND HEITMAN
PROPERTIES, LTD., MANAGER OF OLD CAPITOL CENTER (Taco Bell). Individual Council
Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the
following division of roll call vote: Ayes: Norton, Novick, Thornberry, Vanderhoef, Lehman.
Nays: Baker, Kubby. Absent: None.
Moved by Lehman, seconded by Thornberry, to adopt RES. 96-323, Bk. 39, p. 323,
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA FOR TEMPORARY USE OF RIGHT-OF-WAY FOR
CONSTRUCTION PURPOSES AND FOR ONGOING USE OF RIGHT-OF-WAY FOR CHILLED
WATER SYSTEM. City Engr. Fosse present for discussion. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Thornberry, seconded by Vanderhoef, that the ordinance amending Title z~-)(~
14 Chapter 3 entitled "City Utilities," Article E, entitled "Wastewater Treatment Works
Indirect Discharge" to conform with federal regulations on methods to determine pollutant
discharge limits, be given first vote for consideration. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Thornberry, seconded by Norton, that the ordinance amending Title 5,
"Business and License Regulations," Chapter 2, "Vehicles for Hire," Section 2,
"Application," of the City Code by amending the placement of taxicab decals, be given first
vote for consideration. City Clerk Karr present for discussion. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Kubby, seconded by Lehman, that the 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, 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
Council Activities
December 3, 1996
Page 4
declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, to accept
correspondence from Tom Bockenstedt, B&H Builders. The Mayor declared the motion
carried.
Moved by Lehman, seconded by Vanderhoef, that the 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, be given first vote for consideration. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Norton, seconded by Kubby, that the 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 change and clarify certain solid waste disposal charges
and fees in Iowa City, Iowa, be given first vote for consideration. Affirmative roll call vote
unanimous, 7~0, all Council Members present. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Thornberry, that the ordinance amending Title
14, Chapter 3 Fntitled "City Utilities" of the City Code by amending Article A, "General
Provisions" by changing certain sections concerning utility account deposits and delin-
quency timeframes, be given first vote for consideration. Finance Director Yucuis present
for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
The Mayor noted the current vacancies: Airport Comm. - One vacancy to fill a six-
year term ending March 1, 2003; Johnson County/Iowa City Airpo~ Zoning Board of
Adjustment - One vacancy to fill a five-year term ending February 26, 2002. These
appointments will be made at the January 14, 1997, meeting of the City Council.
Moved by Kubby, seconded by Lehman, to appoint Kate Corcoran, 6 Heather Circle,
to the Bd. of Adjustment for a five-year term ending January 1, 2002. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Moved by Kubby, seconded by Lehman, to re-appoint Thomas Werderitsch, 3
Evergreen Place, to the Bd. of Appeals for a five-year term ending December 31, 2001. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Kubby, seconded by Baker, to appoint Dereck A. Hall, 808 Benton Dr.
~33, Jan Warren, 815 N. Johnson St., and Mary Theisen, 715 N. Linn St. ~3, to the
Human Rights Comm. to fill vacancies for three-year terms ending January 1, 2000. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Kubby, seconded by Vanderhoef, to appoint to the P&R Comm.: Barbara
Endel, 1404 Buresh Ave., ~or an unexpired term endin9 January 1, 1998, and re-appoint
Matthew Pacha, 3110 E. Washington St., and appoint Kathryn Wallace, 39 Audubon Place,
for four-year terms ending January 1, 2001. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Kubby, seconded by Thornberry, to appoint Pain Ehrardt, 1029 E. Court
St., to the P&Z Comm. for an unexpired term ending May 1, 1998. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Kubby, seconded by Baker, to appoint Bebe Bellantyne, 230 Elizabeth
and re-appoint Terri Miller, 452 N. Seventh St., to the Sr. Center Comm. to fill vacancies
for three-year terms ending December 31, 1999. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Council Member Baker requested an update of the traffic light at ACT and North
Dodge, and will follow-up with the City Engr. In response to Baker, Council agreed to re-
open the work session for discussion of the Police Citizen Review Board after the formal
meeting.
Council Member Vanderhoef stated she was pleased to hear the City was purchas-
ing five replacement transit buses and retrofitting six others from reserve funds, and
Council Activities
December 3, 1996
Page 5
questioned other uses for the reserve. The City Manager complimented Parking and
Transit Director Fowler on their efforts and stated additional needs are being explored.
Kubby requested an update on the methane gas at the Transit building. The City Manager
will prepare an update. Vanderhoef noted the letter from Bill Kidwell, Windsor Ridge
Homeowners Assn., regarding speed limits on American Legion Road. Staff will follow-up.
Vanderhoef complimented staff on the installation of a bus shelter in the Boyrum/Southgate
area, and congratulated the City Manager on his appointment to the Policy Committee for
the Iowa League of Cities.
Council Member Thornberry asked if the traffic count has been completed at Gilbe~__
& Kirkwood. The City Manager will follow-up.
Council Member Lehman complimented the road crews for their work after the
recent snow. Mayor Novick noted the response by city crews to a water main break also.
Council Member Kubby reminded Council of her desire to be replaced as Council
representative to HACAP, and asked if anyone could attend the first human services
budget hearing in her absence on December 5. Kubby noted the three letters from the
Monday Forum group distributed the previous evening and questioned a response. Council
asked that they be officially asked to attend the budget review sessions and public hearing.
Thornberry questioned whether business owners could hire private walking police or off-
duty officers. The City Manager responded they could hire private security owners but the
question of hiring off duty officers could involve police contract language and would have
to be investigated. Kubby noted the November 21 memo from Asst. PCD Director
Davidson and City Engr. Fosse regarding traffic calming issues and requested clarification
on three issues. Staff will follow-up.
Council Member Norton asked if their was Council interest in attending a state
briefing on emergency management issues. After discussion a majority of Council
expressed interest. Norton will follow-up. Norton noted concerns regarding installation of
a traffic light at West High School, and requested more information on the liability if the
light is installed even though state DOT warrants are not met. Council noted previous
discussions with the school district to share the costs, and the unwillingness of the district
to do so. Council directed staff to draft a letter to the school district requesting a partner-
ship for review by Council at their next meeting, and encouraged interested citizens to
discuss the matter with the School Board. Norton noted the joint meeting with the Johnson
County Board of Supervisors scheduled December 4 and the local option sales tax issue is
one item scheduled for discussion. Norton reported on his tour of industrial expansion
and thanked the City Attorney for her letter regarding community service.
areas, Mayor Novick passed along a postcard received from former Mayor Susan Horowitz
on her recent visit to Japan, and distributed copies of recent tourism materials on the State
of Iowa. Novick reported on her visit to the Art Museum and the moving display of the
AIDS quilt. Novick stated she received a request to lobby state government on Iocal__~0~L
control of tobacco from the American Cancer Society and will place the information in
Council's next packet. She reported that the urban mayors will be discussing local
property tax with the Governor on Friday.
Moved by Vanderhoef, seconded by Thornberry, to adjourn 11:05 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Naomi J. Novick, Mayor
Marian K. Karr, City Clerk
CITY OF I0 IFA ~ITY
INFORMATION PACKET
November 22, 1996
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Memorandum from Mayor:
Eligibility - Iowa City Transit
Request for Certification of ADA Paratransit~--~
A Policy Proposal to Adopt a Police Citizens' Review Board - Draft (Atkins)
Memorandum from City Manager: Transit Equipment Replacement
Project Expenditures
Memorandum from City Manager: Annual Paper Contract .z/~vT/? _
Letter from City Manager to Mary Mascher: Privately-Operated Waste Transfer ./-//~O_
Facility
Letter from Bettendorf Mayor to City Manager: 1997 Policy Committee
Memorandum from City Clerk: Second Revised Meeting Schedule for December_~__~_
Memorandum from Planning and Community Development Assistant Director and
City Engineer: Adopted Neighborhood Traffic Calming Program Evaluatio~
Criteria
Memorandum from Parking & Transit Director: Bus Shelter/Lakeside Route
Memorandum from Community Development Coordinator: Information from
First Housing Meeting
Memorandum from Police Chief to City Manager: Coralville/Iowa City Animal/'~.~_,
828 and 834
Shelter Advisory Board Meeting Cancellation
Letter from Dennis Mitchell, Assistant City Attorney to Nancy Skay:
St. Anne's Drive
Agenda for PATV Board of Directors November 21, 1996, meeting
CITY OF IOW~t CITY
INFORMATION PACKET
November 27, 1996
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December 3 WORK SESSION AGENDA ITEMS
Memorandum from Planning & Community Development Assistant Director:
Median for Burlington Street
MISCELLANEOUS ITEMS
Memorandum from City Manager: Pending Development Issues
Memorandum from City Manager: Mesquakie Park
Memorandum from City Manager: Update -Moeller and Cliffs Apartments
Memorandum from Assistant City Manager: Collective Bargaining
Landscaped
Agenda:
Johnson County Board of Supervisors
Memorandum from City Clerk: Compensation Commission
Memorandum from City Clerk: November 18, 1996, Work Session
December 4, 1996, Joint Meeting of the City Council of Iowa City and the z~L/_
Memorandum from Planning & Community Development Director: Montgomery-ButlerL~ .
House
Memorandum from Assistant Director of Planning and Community Development: Follow-up
to First Avenue Extension ClP Project Discussion
Letter from Charles Eble to Assistant Director of Planning and Community Development:_~_~
Traffic Signal - Dubuque Road
Letter from City Attorney to Chief Judge Fifth Judicial District Court for the State of Iow~
City Council Request for Community Service
Memorandum from Assistant City Attorney Dennis Mitchell:
and Lafayette
Letter from Water Superintendent to Oscar Graham: Water Pressure
Invitation: Iowa's 150th Statehood Day: A Sesquicentennlal Finalel
Press Citizen Article: Council Considers New Library Site [October 12, 1976]
Agenda: December 3, 1996, Council on Disability Rights and Education
Agenda: November 26, 1996, Board of Supervisors Informal Meeting
Memorandum from Mayor: Discounts for City Services
For the Kids (of All Ages) Mercer Park Gymnasium Addition (Council packet only)
Railroad Crossing at Clinton ~?/ _
(Atkins)
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Information Packet
November 27, 1996
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Agenda for the 12/3/96 meeting of the Board of Supervisors.
Agenda for the 12/7/96 meeting of the Board of Supervisors/Area Legislators.
Memo from Baker regarding Library, Cemetery, and Skywalk (University of Iowa).
Information from Norton regarding Police Citizen Review Board.
Burlington St. Median Landscape,(Pictures of).