HomeMy WebLinkAbout1996-12-03 Council minutes (2)Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
DECEMBER 3, 1996
Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor
Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick,
Thornberry, Vanderhoef. Absent: None. 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, 1 996, November 7, 1996.
Permit Motions: Approving a Class C Liquor License for Carlos Q'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
Country Kitchen of Iowa City, 1402 Gilbert St.
Motions: Approve disbursements in the amount of $10,284,276.O2 for the
period of October 1 through October 31, 1996, as recommended by the Finance Di-
rector subject to audit.
Resolutions, ~Jk. 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 NEIGHBORHOOD. 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. 319, 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 Oak[and Cemetery. Betty Sedlacek regard-
ing Oakland Cemetery. Fran Jensen (Iowa City & Coralville Convention and Visitors'
Bureau) regardiqg 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; university pedestrian bridge on E'ubuque
St.; and graffiti.
Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayc declared
the motion carried.
Moved by Kubby, seconded by Norton, to defer to December 17, 1996, a resolution
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 declareo the motion defeated, 215, 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 incident. 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 fo~ 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 ol 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, 710, 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,
AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED
Council Activities
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 c~il 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, Panehero'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
Kubb'/, 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 views.
Affirmative roll call vote unanimous, 710, 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
CQNSTRUCTION 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 Vanderhoe~, that the ordinance amending Title
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 ordinanc~ 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, 710, 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/O, 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 Entitled "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. Affirmativ8 roll call vote unanimous, 7/O, 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 Airport 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 '[heisen, 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., for an unexpired term ending January 1, 1998, and re-a~point
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 St.,
and re-appoint Terri Miller, 452 N. Seventh St., to the St. Center Comm. to fill vacancies
for three-year terms ending December 31, 1999. The Mayor declared the motion carried
unanimousl.v, 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
a,'~a, 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 Gilbert
& 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
areas, and thanked the City Attorney for her letter regarding community service.
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 local
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.
Nao~ni J. ~j~vi~k, Mayor
MaYJan K. Karr, City Clerk
Subject to change as finalized by the City
Clerk. For a final official copy, contact the
City Clerk's Office, 356-5040.
The cost of publishing the following
proceedings and claims is
Cumulative cost for this calendar year for said
publication is $
OFFICIAL COUNCIL ACTIONS - 11/19/96
Iowa City City Council, special
meeting, 6:30 p.m. at the Civic Center.
Mayor Novick presiding. Council Members
present: Baker, Kubby, Lehman, Norton,
Novick, Vanderhoef. Absent: Thornberry.
Moved and seconded to adjourn to
executive session to discuss the purchase of
particular real estate only where premature
disclosure could be reasonably expected to
increase the price the governmental body
would have to pay for that property. The
minutes and the tape recording of a session
closed under this paragraph shall be available
for public examination when the transaction
discussed is completed; and to discuss
strategy with counsel in matters that are
presently in litigation or where litigation is
imminent where its disclosure would be likely
to prejudice or disadvantage the position of
the governmental body in that litigation. The
Mayor declared the motion carried.
Mayor Novick acknowledged members
present for the Eric Shaw candlelight vigil and
noted their remarks would be presented at
that time. Dianne Kaufman and Jim Shaw
presented statements.
The Mayor proclaimed C~ty High Little
Hawks Boys' Cross Country Team
Recognition Day - November 20. Coach Bud
Williams and team members accepted; World
AIDS Day - December 1. Joe Kayset, Linda
Yanney, and Joe Wilson accepted.
The Mayor presented the Outstanding
Student Citizen Awards: Lincoln Elementary
School: Allison Felder; Longfellow Elementary
School: Gabe Middaugh, Julie Rabb, Anne
Sullivan, Hanna Yeager.
Moved and seconded that the
following items and recommendations in the
Consent Calendar be received, or adopted,
and/or adopted as amended:
Approval of Official Council
Actions of the special meeting of
November 4, as published, subject to
corrections, as recommended by the
City Clerk.
Minutes of Boards and
Commissions: Broadband Telecomre.
Corem, September 30. Bd. of
Official Council Actions - 11/19/96
Page 2
Adjustment - October 9. P&Z Comm. -
October 17. Design Review Comm. -
October 28. Bd. of Library Trustees -
April 25, May 23, June 27, August
22, September 26, October 15,
October 24.
Permit Motions: Approving a
Class C Liquor License for Sanctuary
Restaurant, 40.5 S. Gilbert St. Special
Class C Liquor License for Pagliai's
Pizza, 302 E. Bloomington St. Special
Class C Liquor License for India Cafe,
227 E. Washington St. Refund for an
unused portion of a Class E Liquor
License for Drugtown ,,/1, 521
Hollywood Blvd. Refund for an unused
portion of a Class E Beer Permit for
Drugtown #1, 521 Hollywood Blvd.
RES. 96-310, REFUND A CIGARETTE
PERMIT.
Setting Public Hearings:
Setting a public hearing for December
3, on ordinance amending Title 4 of
the City Code entitled "Alcoholic
Beverages," Chapter 3 regarding
outdoor service areas, and Title 10
entitled "Use of Public Ways and
Property," Chapter 3 regarding
sidewalk cafes to reduce the different
types and categories of
establishments, and encourage more
participation.
Resolutions, RES. 96-311,
AUTHORIZING THE MAYOR
TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND UNIVERSITY OF
IOWA COMMUNITY CREDIT UNION,
IOWA CITY, IOWA, FOR PROPERTY
LOCATED AT 518 BOWERY STREET,
IOWA CITY, IOWA. RES. 96-312,
ACCEPTING THE WORK FOR THE
WATER MAIN AND PUBLIC
IMPROVEMENTS FOR D AND L
SUBDIVISION. RES. 96-313,
AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE USE OF
PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY,
ARLINGTON L.C., AND WINDSOR
RIDGE HOMEOWNERS'
ASSOCIATION FOR PLACEMENT OF
STREET SIGNS ON STREET RIGHT-
OF-WAY WITHIN THE WINDSOR
RIDGE DEVELOPMENT.
Official Council Actions - 11/19/96
Page 3
Correspondence: Gary Watts -
extension of Court Street. Sonia
Ettinger - planning. Bruce Glasgow -
gas/oil pipeline. Gary Gussin
pedestrian bridge. Richard Gibson -
pedestrian bridge. Memoranda from
the Transportation Planner: Stop sign
installation on Reno Street at
Davenport Street; Right Lane Must
Turn Right on the east approach of
the intersection of Iowa Avenue and
Riverside Drive; No Parking Loading
Zone on the west side of Madison
Street between Market Street and
Jefferson Street; No Parking Any
Time on Dodge Street Court; Loading
Zones in the central business district;
Parking prohibition on 2rid Street;
Tow away Zone on Highway 6 West
and Newton Road; Reserved parking
for persons with disabilities at the
intersection of Church Street and
Clinton Street. Petition regarding
North/South alley in Strohm's
Addition (Martin Gaffey). Cathie
Berglund regarding traffic light at
West High School.
Applications for Use of City
Streets and Public Grounds: David
Sears (Salvation Army) - November 14
- December 24 for the purpose of
Christmas kettles.
The Mayor declared the motion carried and
repeated the public hearing as set.
Jim Haverkamp, 808 Dewey St.,
invited the public to attend the annual
meeting of the Public Access Television Board
on November 21. Senior Center
Commissioner Terri Miller, 452 N. 7th,
updated Council on activities at the Center.
Moved and seconded that the
ordinance amending Title 14, Chapter 6,
Article J, entitled "Overlay Zones," Section 2,
entitled "Planned Development Housing
Overlay Zone (OPDH)," subsection D, entitled
"R£gulations," to indicate that parking
reductions may be approved for non-
residential uses as part of a Sensitive Areas
Overlay rezoning, be given first vote for
consideration. The Mayor declared the motion
carried.
Moved and seconded that the
ordinance amending Title 14, Chapter 7,
entitled "Land Subdivisions," Article A,
entitled "General Subdivision Provisions,"
Section 4, entitled "Establishment of
Official Council Actions - 11/19/96
Page 4
Control," pertaining to City review of
subdivisions located within two miles of the
Cit¥'s boundaries, be given second vote for
consideration. The Mayor declared the
motion carried.
Moved and seconded that the
ordinance amending Title 14, Chapter 6,
entitled "Zoning," Article M, entitled
"Accessory Uses and Buildings," Section 1,
entitled "Permitted Accessory Uses and
Buildings," to allow satellite receiving devices
one meter or less in diameter in any yard or
on the roof of any structure in residential
areas, be given second vote for consideration.
The Mayor declared the motion carried.
Moved and seconded that the
ordinance amending Title 14, Chapter 6,
entitled "Zoning," Article I, entitled "Public
Zone," Subsection 4, entitled "Special
Exceptions," to allow communications towers
as a special exception in the P, Public zone,
be given second vote for consideration. The
Mayor declared the motion carried.
Moved and seconded that the
ordinance amending Title 14, Chapter 6,
entitled "Zoning," Article B, entitled "Zoning
Definitions," to add definitions associated
with wireless communications facilities,
including "communications tower,"
"communications equipment building," and
"communications station," be given second
vote for consideration. The Mayor declared
the motion carried.
Moved and seconded to de'let to
January 14, 1997 an ordinance amending the
Zoning Ordinance by changing the use
regulations of approximately 7.12 acres
located west of Dubuque Street and south of
the Iowa River, from County RS, Suburban
Residential, to P, Public. The Mayor declared
the motion carried.
Moved and seconded to defer
indefinitely a resolution authorizing execution
of a letter of understanding between the City
of iowa City and the Elks Golf and Country
Club regarding Foster Road extended and golf
course changes in connection w:,n the new
water treatment plant. The Mayor declared
the motion carried.
A public hearing was held on a
resolution authorizing conveyance by sale
and/or lease of land adjacent to the Elks Golf
and Country Club.
Moved and seconded to defer
indefinitely a resolution authorizing
conveyance by sale and/or lease of land
Official Council Actions - 11/19~96
Page 5
adjacent to the Elks Golf and Country Club.
The Mayor declared the motion carried.
A public hearing was held on three
ordinances proposing rate increase or changes
for water, wastewater and solid waste
disposal fees. Dennis Spencer, 607 Pepper
Drive, appeared representing the Iowa City
Home Builders Association opposing the cost
of inbound meter reading devices (for new
construction) being paid by the home builder,
and suggesting the City incur costs for the
system. Mr. Spencer presented letters from
association members opposing the proposed
cost being incurred by the builder. Lyone
Fain, 605 E. Burlington, and Joan Tiemeyer,
Home Builders Association, also appeared.
Moved and seconded to adopt RES.
96.314, AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST
AN AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND JOHNSON COUNTY FOR
PARATRANSIT SERVICES DURING THE
SECOND SIX MONTHS OF FY97.
Moved and seconded to adopt RES.
96-315, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST AN
IOWA DEPARTMENT OF TRANSPORTATION
FUNDING AGREEMENT FOR THE MELROSE
AVENUE RECONSTRUCTION PROJECT,
PHASE II (HAWKINS DRIVE TO BYINGTON
ROAD).
Moved and seconded to defer
indefinitely a resolution authorizing the Mayor
to sign and the City Clerk to attest an Iowa
Department of Transportation funding
agreement for the construction of the Willow
Creek Trail project. The Mayor declared the
motion carried.
Moved and seconded to adopt RES.
96-316, RATIFYING SETTLEMENT OF
PENDING LITIGATION.
The Mayor noted the previously
announced vacancies: Bd. of Adjustment -
One vacancy to fill a five-year term ending
January 1, 2002. Bd. of Appeals One
vacancy to fill a five-year term ending
December 31, 2001. Human Rights Comm. -
Three vacancies to fill three-year terms
ending January 1, 2000. P&R Comm. - Two
vacancies to fill four-year terms ending
January 1, 2001, and one vacancy to fill an
unexpired term ending January 1, 1998. P&Z
Comm. - One vacancy to fill an unexpired
term ending May 1, 1998. Sr. Center Comm,
Official Council Actions- 11/19/96
Pa§e 6
- Two vacancies to fill three-year terms
ending December 31, 1999. These
appointments will be made at the December
3, 1996, meeting of the City Council.
Moved and seconded, reconvene the
executive session. The Mayor declared the
motion carried.
Moved and seconded to adjourn. The
Mayor declared the motion carried.
A more complete description of Council
activities is on file in the office of the City
Clerk.
s/NAOMI J. NOVICK, MAYOR
s/MARIAN K. KARR, CITY CLERK
cclerkJccl 1 19.nws/doc
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 19, 1996
Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Novick
presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Vanderhoef.
Absent: Thornberry. Staffmembers present: Arkins, Helling, Woito, Karr, Franklin, Handsaker,
Yucuis, Moreno, Gannon. Council minutes tape recorded on Tapes 96-137, Both Sides; and
96-138, Side 1.
Moved by Lehman, seconded by Vanderhoef, to adjourn to executive session to
discuss the purchase of particular real estate only where premature disclosure could be
reasonably expected to increase the price the governmental body would have to pay for that
property. The minutes and the tape recording of a session closed under this paragraph shall be
available for public examination when the transaction discussed is completed; and to discuss
strategy with counsel in matters that are presently in litigation or where litigation is imminent
where its disclosure would be likely to prejudice or disadvantage the position of the
governmental body in that litigation. Affirmative roll call vote unanimous, 6~0, Thornberry
absent. The Mayor declared the motion carried.
Council returned to open session 7:02 p.m.
Mayor Novick acknowledged members present for the Eric Shaw candlelight vigil and
noted their remarks would be presented at that time. Dianne Kaufman and Jim Shaw
presented statements.
The Mayor proclaimed City High Little Hawks Boys' Cross Country Team Recognition
Day - November 20, 1996. Coach Bud Williams and team members accepted; World AIDS
Day - December 1, 1996. Joe Kayset, Linda Yanney, and Joe Wilson accepted.
The Mayor presented the Outstanding Student Citizen Awards: Lincoln Elementary
School: Allison Felder; Longfellow Elementary School: Gabe Middaugh, Julie Rabb, Anne
Sullivan, Hanna Yeager.
Moved by Lehman, seconded by Norton, that the following items and
recommendations in the Consent Calendar be received, or adopted, and/or adopted as
amended:
Approval of Official Council Actions of the special meeting of November 4, 1996,
as published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Broadband Telecomre. Comm.
September 30, 1996. Bd. of Adjustment - October 9, 1996. P&Z Comm. - October 17,
1996. Design Review Comm. - October 28, 1996. Bd. of Library Trustees ~ April 25,
1996, May 23, 1996, June 27, 1996, August 22, 1996, September 26, 1996,
October 15, 1996, October 24, 1996.
Permit Motions: Approving a Class C Liquor License for Sanctuary Restaurant,
405 S. Gilbert St. Special Class C Liquor License for Pagliai's Pizza, 302 E.
Bloomington St. Special Class C Liquor License for India Cafe, 227 E. Washington St.
Refund for an unused portion of a Class E Liquor License fo; Drugtown #1, 521
Hollywood Blvd. Refund for an unused portion of a Class E Beer Permit for Drugtown
#1, 521 Hollywood Blvd. RES. 96-310, Bk. 116, p. 310, REFUND A CIGARETTE
PERMIT.
Setting Public Hearings: Setting a public hearing for December 3, 1996, on
ordinance amending Title 4 of the City Code entitled "Alcoholic Beverages," Chapter 3
regarding outdoor service areas, and Title 10 entitled "Use of Public Ways and
Property," Chapter 3 regarding sidewalk cafes to reduce the different types and
categories of establishments, and encourage more participation.
Resolutions, Bk. 116: RES. 96-311, p. 311, AUTHORIZING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY
CREDIT UNION, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 518 BOWERY
Council Activities
November 19, 1996
Page 2
STREET, IOWA CITY, IOWA. RES. 96-312, p. 31 2, ACCEPTING THE WORK FOR THE
WATER MAIN AND PUBLIC IMPROVEMENTS FOR D AND L SUBDIVISION. RES. 96-
313, p. 313, AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE USE OF
PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, ARLINGTON L.C., AND
WINDSOR RIDGE HOMEOWNERS' ASSOCIATION FOR PLACEMENT OF STREET
SIGNS ON STREET RIGHT-OF-WAY WITHIN THE WINDSOR RIDGE DEVELOPMENT.
Correspondence: Gary Watts - extension of Court Street. Sonia Ettinger -
planning. Bruce Glasgow - gas/oil pipeline. Gary Gussin - pedestrian bridge. Richard
Gibson - pedestrian bridge. Memoranda from the Transportation Planner: Stop sign
installation on Reno Street at Davenport Street; Right Lane Must Turn Right on the east
approach of the intersection of Iowa Avenue and Riverside Drive; No Parking Loading
Zone on the west side of Madison Street between Market Street and Jefferson Street;
No Parking Any Time on Dodge Street Court; Loading Zones in the central business
district; Parking prohibition on 2rid Street; Tow away Zone on Highway 6 West and
Newton Road; Reserved parking for persons with disabilities at the intersection of
Church Street and Clinton Street. Petition regarding North/South alley in Strohm's
Addition (Martin Galley). Cathie Berglurid regarding traffic light at West High School.
Applications for Use of City Streets and Public Grounds: David Sears (Salvation
Army) - November 14, 1996, - December 24, 1996, for the purpose of Christmas
kettles.
Affirmative roll call vote unanimous, 5~0, Baker and Thornberry absent. The Mayor declared
the motion carried and repeated the public hearing as set.
Jim Haverkamp, 808 Dewey St., invited the public to attend the annual meeting of the
Public Access Television Board on November 21. Senior Center Commissioner Terri Miller,
452 N. 7th, updated Council on activities at the Center.
Moved by Vanderhoef, seconded by Norton, that the ordinance amending 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 given first vote for consideration. Affirmative roll call vote unanimous, 6~0,
Thornberry absent. The Mayor declared the motion carried.
Moved by Kubby, seconded by Vanderhoef, that the ordinance amending Title 14,
Chapter 7, entitled "Land Subdivisions," Article A, entitled "General Subdivision Provisions,"
Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions
located within two miles of the City's boundaries, be given second vote for consideration.
Affirmative roll call vote unanimous, 6~0, Thornberry absent. The Mayor declared the motion
carried.
Moved by Norton, seconded by Lehman, that the ordinance amending Title 14, Chapter
6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section 1, entitled
"Permitted Accessory Uses and Buildings," to allow satellite receiving devices one meter or
less in diameter in any yard or on the roof of any structure in residential areas, be given
second vote for consideration. Affirmative roll call vote unanimous, 6~0, Thornberry absent.
The Mayor declared the motion carried.
Moved by Norton, seconded by Lehman, that the ordinance amending Title 14, Chapter
6, entitled "Zoning," Article I, entitled "Public Zone," Subsection 4, entitled "Special
Exceptions," to allow communications towers as a special exception in the P, Public zone, be
given second vote for considsration. Affirmative roll call vote unanimous, 6~0, Thornberry
absent. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Norton, that the ordinance amending Title 14,
Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to add definitions
associated with wireless communications facilities, including "communications tower,"
Council Activities
November 19, 1996
Page 3
"communications equipment building," and "communications station," be given second vote
for consideration. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor
declared the motion carried.
Moved by Kubby, seconded by Vanderhoef, to defer to January 14, 1997 an ordinance
amending the Zoning Ordinance by changing the use regulations of approximately 7.12 acres
located west of Dubuque Street and south of the Iowa River, from County RS, Suburban
Residential, to P, Public. The Mayor declared the motion carried unanimously, 6~0, Thornberry
absent.
Moved by Kubby, seconded by Baker, to defer indefinitely a ~.;solution authorizing
execution of a letter of understanding between the City of Iowa City and the Elks Golf and
Country Club regarding Foster Road extended and golf course changes in connection with the
new water treatment plant. The Mayor declared the motion carried unanimously, 6~0,
Thornberry absent.
A public hearing was held on a resolution authorizing conveyance by sale and/or lease
of land adjacent to the Elks Golf and Country Club. No one appeared.
Moved by Norton, seconded by Kubby, to defer indefinitely a resolution authorizing
conveyance by sale and/or lease of land adjacent to the Elks Golf and Country Club. The
Mayor declared the motion carried unanimously, 6/0, Thornberry absent.
A public hearing was held on three ordinances proposing rate increase or changes for
water, wastewater and solid waste disposal fees. Finance Director Yucuis present for
discussion. Dennis Spencer, 607 Pepper Drive, appeared representing the Iowa City Home
Builders Associatior' opposing the cost of inbound meter reading devices (for new
construction) being paid by the home builder, and suggesting the City incur costs for the
system. Mr. Spencer presented letters from association members opposing the proposed cost
being incurred by the builder. Water Supt. Moreno present for discussion. Lyone Fein, 605 E.
Burlington, and Joan Tiemeyer, Home Builders Association, also appeared. Council requested
information regarding the meter reading and billing process, advantages of the proposed
system, and the effect on rates if the system is paid for by the City.
Moved by Kubby, seconded by Norton, to adopt RES. 96-314, Bk. 116, p. 314,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR
PARATRANSIT SERVICES DURING THE SECOND SIX MONTHS OF FY97. Affirmative roll call
vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted.
Moved by Lehman, seconded by Kubby, to adopt RES. 96-315, Bk. 116, p. 315,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA
DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE MELROSE AVENUE
RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD). Affirmative
roll call vote unanimous, 6~0, Thornberry absent. The Mayor declared the resolution adopted.
Moved by Lehman, seconded by Norton, to defer indefinitely a resolution authorizing
the Mayor to sign and the City Clerk to attest an Iowa Department of Transportation funding
agreement for the construction of the Willow Creek Trail project. The Mayor declared the
motion carried unanimously, 6~0, Thornberry absent.
Moved by Kubby, seconded by Vanderhoef, to adopt RES. 96-316, Bk. 116, p. 316,
RATIFYING SETTLEMENT OF PENDING LITIGATION ($225,000 to Jeff, Carol & Eric Ebinger).
Affirmative roll call vote unanimous, 6~0, Thornberry absent. The Mayor declared the
resolution adopted.
The Mayor noted the previously announced vacancies: Bd. of Adjustment - One
vacancy to fill a five-year term ending January 1, 2002. Bd. of Appeals - One vacancy to fill a
five-year term ending December 31, 2001. Human Rights Comm. - Three vacancie to fill
three-year terms ending January 1, 2000. P&R Comm. - Two vacancies to fill four-ye[ :erms
ending January 1, 2001, and one vacancy to fill an unexpired term ending January 1, '~38.
Council Activities
November 19, 1996
Page 4
P&Z Comm. - One vacancy to fill an unexpired term ending May 1, 1998. Sr. Center Comm. -
Two vacancies to fill three-year terms ending December 31, 1999. These appointments will
be made at the December 3, 1996, meeting of the City Council.
Council Member Baker requested an update on the Police Citizen Review Board
proposal. The City Mgr. stated another draft would be available for Council discussion the
first week of December. In response to Baker the City Mgr. stated Council would be
discussing a policy on graffiti that same meeting. Baker thanked City Mgr. Arkins for his letter
to the Governor regarding tax issues and requested the letter be made available to the media,
along with the current Legislative Bulletin from the Iowa League of Cities. Baker referenced
discussion the previous evening with representatives from the University of Iowa concerning
the proposed skywalk on Dubuque Street, and reiterated his desire to be firm on expectations
on design and control of the skywalk.
Council Member Venderhoer questioned what could be done regarding stapling of
flyers to downtown poles. Lehman suggested discussing this matter with the Downtown
Association and asking their assistance in policing poles in front of their own businesses.
Vanderhoef thanked the Design Review Committee for sorting and categories their own
membership and encouraged them to look at membership changes in the future to reflect that
a business category need not be an architect/designer.
Council Member Lehman pointed out the article in the Press-Citizen regarding the
individuals from Oakdale who had helped hang holiday lights on downtown trees, and
suggesting utilizing the individuals for other community service projects.
Council Member Kubby noted the letter from Washington Street neighbors concerning
drainage problems on Ralston Creek on Council's November 4 agenda and questioned a City
response. The City Mgr. stated staff was researching that matter in light of the
Friendship/Shamrock drainage problem and will follow-up. Kubby noted a recent article in
ICON entitled "They Live On a Toxic Waste Site" and asked staff to follow-up on health
issues.
Council Member Norton acknowledged the Downtown Strategy Committee forum held
earlier noting their was a good turn out of people and ideas. He encouraged anyone with ideas
to contact Committee members or the Planning Department. Norton assured citizens that the
City was pursuing ideas to enhance the clean-up and security issues in the downtown area,
and encouraged public users, owners, end tenants to step-up their efforts. Norton thanked the
Monday Forum Group, Chamber, and Downtown Association for their efforts. In response to
Norton, the City Mgr. stated the Monday Forum group has selected a blue and white logo for
City signs advertising the downtown area.
Mayor Novick reported on her attendance at a seminar dealing with binge drinking and
how universities are dealing with the issue, noting it was a nationwide problem.
Moved by Kubby, seconded by Lehman, reconvene the executive session 9:25 p.m.
The Mayor declared the motion carried unanimously, 6/O, Thornberry absent. Council returned to open session 10:10 p.m.
Moved by Lehman, seconded by Kubby, to adjourn 10:12 p.m. The Mayor declared the
motion carried unanimously, 6/0, Thornberry absent.
Naomi J. Novick, Mayor
Marian K. Karr, City Clerk