HomeMy WebLinkAbout1996-12-17 Minutes numberedSubject to change as finalized by the City Clerk.
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
DECEMBER 17, 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. Staffmembers present: Arkins,
Helling, Woito, Karr, Franklin, Handsaker, Yucuis, McClure. Council minutes tape
recorded on Tapes 96-149 and 150, Both Sides.
The Mayor proclaimed Drunk and Drugged Driving Prevention Month
Holiday Season 1996, Lights on for Life Day - December 20, 1996, Police Sgt.
Linn accepted; City High Little Hawks Football Team Recognition Day- December
18, 1996, Coach Brown and Co-Captains Mitch Price & Jesse Holland accepted;
Community Fitness Awareness Week December 16-22, 1996, Peg McEIroy
Fraser accepted.
Moved by Lehman, seconded by Thornberry, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or
adopted as amended and to delete item 3e(4) a resolution approving a license
agreement for the temporary use of public property at 928-930 Iowa Avenue for
the accommodation of a front porch overhang and encroachment on the iowa
Avenue right-of-way, from the Consent Calendar for separate discussion.
Approval of Official Council Actions of the special and the regular
meetings of December 3, 1996, as published, subject to corrections, as
recommended by the City Clerk.
Minutes of Boards and Commissions: Design Review Comm.- Novem-
ber 25, 1996, December 2, 1996. Bd. of Adjustment - November 13, 1996.
Civil Service Comm. - December 2, 1996. Historic Preservation Comm. -
November 12, 1996. Bd. of Library Trustees- November 21, 1996. P&R
Comm. - November 13, 1996.
Setting Public Hearings: RES. 96-324, Bk. 116, p. 324, SETTING A
PUBLIC HEARING for January 14, 1997, ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE IOWA CITY PARKING RAMPS FACILITY UPGRADE, CAPITOL AND
DUBUQUE STREET RAMPS, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
Permit Motions: Approving a Class C Liquor License for Union Bar,
121 E. College St. Approving a Class C Liquor License for Jirsa's, 819 1st
Ave. Approving a Class C Liquor License for Yen Ching Restaurant, 1803
Boyrum St. Approving a Class C Liquor License for Gabe's, 330 E. Washing-
ton St. Approving a Special Class C Liquor License for Pizza Hut //402041,
127 Iowa Ave. Approving a Class B Beer Permit for Pizza Hut //402005,
1921 Keokuk St. RES. 96-325, Bk. 116, p. 325, ISSUE DANCING PERMIT.
Approving a Class C Liquor License for Commerce Center Restaurant, 325
E. Washington St.
Resolutions, Bk. 116: RES. 96-326, p. 326, AUTHORIZING THE EXE-
CUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT,
Council Activities
December 17, 1996
page 2
RENTAL CERTIFICATE PROGRAM AND RENTAL VOUCHER PROGRAM.
PROJECT NO. IA022CEO025. RES. 96-327, p. 327, AUTHORIZING THE
ADOPTION OF THE ALLOWANCES FOR TENANT-FURNISHED UTILITIES
AND OTHER SERVICES FOR THE IOWA CITY HOUSING AUTHORITY PRO-
GRAMS. RES. 96-328, p. 328, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO A'I-rEST A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST
COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1918 HOLLY-
WOOD BOULEVARD, IOWA CITY, IOWA. RES. 96-329, p. 329, ACCEPTING
THE WORK FOR CONSTRUCTION OF THE 1996 MAINTENANCE AND RE-
PAIR PROJECT - CAPITOL STREET PARKING RAMP. RES. 96-330, p. 330,
ACCEPTING THE WORK FOR CONSTRUCTION OF THE 1996 SANITARY
AND STORM SEWER PROJECT.
Correspondence: John Weber regarding pedicab insurance. Herbert
W. Hathcote (F.I.R.S.T.) regarding Iowa River Corridor Trail. Casey Cook
(F.I.R.S.T.) regarding Iowa River Corridor Trail. Dan Greenwald regarding
TCI programming. James Clayton (The Soap Opera) regarding University
pedestrian bridge. Shirley Wyrick (Downtown Strategy Committee)
regarding University pedestrian bridge. Gary Louis regarding a traffic light at
Melrose/West High School. Laurie Robinson (Johnson County Historical
Society) regarding City supporL Enoch and Mary Wood regarding Oakland
Cemetery. Memoranda from the Civil Service Comm. regarding:
Construction Inspector I; Emergency Communications Dispatcher; Housing
Assistant; Maintenance Worker I - Recreation Center. Memoranda from the
Transportation Planner: No Parking Anytime in 800 Block of Gilbert Court;
Bus Stop in 900 Block of North Governor Street; Pedestrian Crossing on
Melrose Avenue; Designation of Handicap Parking Space at 722 E. College
Street; Parking Prohibition 0[3 Deforest Street Between Ash Street and
Franklin Street. CenterSpace Committee regarding urban renewal parcel.
Applications for Use of City Streets and Public Grounds: Steve Breese
(Jingle Bell Run) - December 7, 1996, approved.
Affirmative roll call vote unanimous, 7/0, all Council Members present. Kubby
requested staff report back on paint surfaces for murals in parking garages as part
of the Parking Ramps Facility Upgrade Project, agenda item 2.c(1). The Mayor
declared the motion carried.
Moved by Kubby, seconded by Norton, to adopt RES. 96-331, Bk. 116, p.
331, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST, A LICENSE AGREEMENT FOR THE TEMPO-
RARY USE OF PUBLIC PROPERTY AT 928-930 IOWA AVENUE FOR THE ACCOM-
MODATION OF A FRONT PORCH OVERHANG AND ENCROACHMENT ON THE
IOWA AVENUE RIGHT-OF-WAY. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
John Kenyon, representing the Cedar Rapids Gazette, distributed and read a
statement requesting the Council meeting of February 1 not be conducted in
executive session but be open to the public. City Atty. Woito responded to
Council questions and stated a written response would be prepared. Carol de
Council Activities
December 17, 1996
page 3
Prosse appeared regarding the Eric Shaw incident. Lane Wyrick, 2902 E. Court
and Daryl Woodson, 658 S. Lucas, appeared and proposed a July 3 fireworks
display at City Park. Terry Trenkamp, President of Jaycees, also appeared. The
two groups will discuss the idea of two different shows or one combined event.
Chineze Enekwechi, 835 Keswick Dr. and Jessica Joslyn, 811 10th Ave.,
appeared representing the West High School student body, requesting a traffic
signal at the entrance to their school on Melrose. After discussion, Council
directed staff to pursue installation of a light and contact the School District
regarding paying a portion of the costs.
Moved by Lehman, seconded by Norton, to set a public hearing for January
14, 1997, on an ordinance amending the Zoning Chapter by changing the use
regulations on a 40.7 acre parcel located on the north side of Rohret Road, east of
Highway 218, from RS-5, Low Density Single-Family Residential, to OSA-8,
Sensitive Areas Overlay/Medium Density Single-Family Residential (Walden Hills).
The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
A public hearing was held on an ordinance vacating the north 12.5 feet of
the F Street right-of-way for a distance of 7,5 feet immediately west of First
Avenue (Pelsang). Arty. John Beasley appeared representing the applicant.
Moved by Lehman, seconded by Vanderhoef, to set a public hearing for
January 14, 1997, on an ordinance amending Title 14, Chapter 6, entitled
"Zoning," by changing the regulations pertaining to child care facilities. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Kubby, seconded by Norton, that the 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 uCommercial Use Of Sidewalks," be given first vote for consid-
eration. Individual Council Members expressed their views. 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 Vanderhoef, seconded by Lehman, that the ordinance amending
the City Code to replace all references to "Traffic Engineer" with "City Manager or
Designee," be given first vote for consideration. Affirmative roll call vote unani-
mous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Baker, seconded by Norton, that the rule requiring ordinances to
be considered and voted on for final passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second consideration
and vote be waived, and that ORD. 96-3761, Bk. 39, p. 55, AMENDING TITLE 5,
"BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE,"
SECTION 2, "APPLICATION," OF THE CITY CODE BY AMENDING THE PLACE-
MENT OF TAXICAB DECALS, be voted on for final passage at this time.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried. Moved by Baker, seconded by Norton, that the
ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7~0,
all Council Members present. The Mayor declared the ordinance adopted.
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Council Activities
December 17, 1996
page 4
Moved by Norton, seconded by Thornberry, that the rule
ordinances to be considered and voted on for final passage at two Council
meetings prior to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived, and that ORD. 96-3762, Bk. 39, p. 56,
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 voted on for final passage at this time.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried. Moved by Norton, seconded by Lehman, that the
ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 710,
all Council Members present. The Mayor declared the ordinance adopted.
Moved by Norton, 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 CiW, Iowa, be given second vote for consideration.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Moved by Lehman, seconded by Vanderhoef, that the ordinance amending
Title 3, HCity 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 second vote for considera-
tion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by Thornberry, seconded by Vanderhoef, that the ordnance_~l.~_~-
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 cidriff/ certain solid waste disposal charg~..~ and fees in Iowa City, Iowa, be
given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried.
Moved by Thornberry, seconded by Norton, 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 delinquency timeframes, be given second vote for consideration.
Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor
declared the motion carried.
Moved by Kubby, sedonded by Lehman, to defer indefinitely a resolution_~l
authorizing the acquisition of permanent and temporary construction easements
for the construction of the Iowa River Corridor Trail - Burlington Street to Sturgis
Ferry Park project. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Kubby, seconded by Norton, to adopt RES. 96-332, Bk. 116, p.
332, AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IOWA HIGHWAY
1 AND U.S. HIGHWAY 6 CURB RAMP CONSTRUCTION PROGRAM WITH THE
IOWA DEPARTMENT OF TRANSPORTATION. Civil Engr. McClure present for
Council Activities
December 17, 1996
page 5
discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
The Mayor noted the previously announced 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.
Council Member Baker noted the letter from Dean Schade, Iowa League of
Cities, acknowledging the city's interest in mail-in ballots for local referendum and
suggesting contact be made with. local legislators to sponsor such legislatio.n. The
Mayor will follow up. Baker raised concerns regarding the proposed University
skywalk across Dubuque Street. After discussion, Council agreed to have the
Mayor write a letter to the University alerting them to concerns and notifying them
that the issue will involve public discussion.
Council Member Vanderhoef reviewed upcoming events in observance of
Martin Luther King's Birthday and encouraged citizens to attend the programs.
Council Member Thornberry reminded citizens of the 6th Annual Business
Fair 'Walk of the Stars-Walk on the Wil.d Side" scheduled January 17-19 and
stated elected officials would be working in the elected official booth. He noted
the Mayor's proclamation for 'Drunk and Drugged Driving Prevention Month".
Thornberry stated his frustration with TCI's program changes and encouraged~.
citizens to write to TCI directly with their concerns. Asst. City Mgr. Helling
presented information. Council agreed to write a letter to TCI regarding the
changes.
Council Member Lehman wished everyone a joyous holiday season and a
happy new year.
Council Member Kubby requested a written explanation of transit changes_ L~.
to night routes, noting that she assumed all night routes would be shortened by
one hour and found that some routes were shortened in the. middle of evening.
She requested Council re-examine the issue after the memo ~s received. Kubby
noted her concerns regarding the methane gas situation at the Transit Building.
Kubby requested the Downtown Association, Monday Forum, and Downtown_
Strategy Committee receive a copy of the December 12 City Manager memo on
downtown projects. Kubby requested Council send a letter to City employee Carol
Porch, assisted housing clerk-typist, who was struck by a car escorting a client
across the street.
Council Member Thornberry thanked city employees for grinding down the
bump on North Dodge near Hy-Vee.
Council Member Norton questioned the procedure for placement of
sidewalks in existing areas of the City. The City Mgr. stated in the past the City
has proposed special assessments to residents. Norton .w. ill provide a list of
possible locations to the City Mgr. Norton requested cons,deration of additionaL~
incentives for historic preservation, historic landmark, and conservation district
improvements. Kubby suggested the matter be scheduled during budget
discussions.
Council Activities
December 17, 1996
page 6
Mayor Novick distributed a letter from the Citizen Aid Ombudsman for the
State of Iowa, noting his office may be a possible way for a citizen to appeal a
Police Citizen Review Board decision. The Mayor also distributed a revised copy of
the resolution supporting state preemption of local tobacco ordinances and stated
she would be sending copies to other Johnson County local governments for their
consideration. The resolution will be placed on the January 14 agenda.
City Atty. Woito referenced the letter from Judge Gerard concerning corn- L~ 1(~,.5 ~
munity service, and reported the judges were pleased with the idea.
Moved by Thornberry, seconded by Lehman, to adjourn 9:50 p.m.. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Naomi J. Novick, Mayor
Marian K. Kerr, City Clerk
INFORMATION PACKET
December 6, 1996
December 9 WORK SESSION AGENDA ITEMS
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MISCELLANEOUS ITEMS
Memorandum from City Manager: Residential Roll-Back
Memorandum from City Manager: Deer Count
Memorandum from City Manager: Consolidation of Graphics Technicians
Memorandum from City Manager: Paint/Disposal and Clean-Up
Memorandum from City Manager: Martin Luther King Day - New Ideas
Memorandum from Planning & Community Development Director and Library Director
Library Options Evaluation
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Memorandum from Economic Development Coordinator: Deliveries to the Proposed Taxi
Bell in Old Capitol Mall c~-
Memorandum from Airport Manager to City Manager: Airport Master Plan Projects Lt
Memorandum from Public Works Director to City Manager: Sanitary Sewer Easement ~,
Elks Club
Memorandum from Community Development Coordinator to City Manager: 1997 CDBG a~dr~
HOME Allocations
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Letter from City Manager to Daryl Woodson: Response to Request for 4th of J~Yc'~
Fireworks Display in City Park
Letter from City Attorney to James Houghton: Nancy Skay's Concerns; Yeggy Prope .r~y
at 828 and 834 St. Anne's Drive q c~0
American Heart Association: A Resolution Supporting the Reversal of State Preemption
of Local Tobacco.Related Ordinances (Novick) L~ ~.. _(?~.
November '1996 Building Permit Information
Minutes: Neighborhood Council of Iowa City Meetings
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Agenda: December 16, 1996, Iowa CitylCoralville Animal Control Advisory Board Work
Session
Agenda: December 5, 1996, Johnson County Board of Supervisors Formal Meettng_~;~
Article:. Malone's Turnaround Plan - TCI Creates Three Divisions, Sees DBS as Most
Immed,ate Threat (Helling) . L{C..~.I.
Invitation: Tom Carson VISN 14 Director /~c~ ] ~-~
Me.o from City Atty. regarding clarification on meeting with Shaw Family.
Information Packet
December 6, 1996
page 2
Information regarding SEATS, distributed by Burnell Chadek of SEATS.
Agenda for the 12/10/96 Informal meeting of the Board of SUpervisors.
INFORMATION PACKET
December 13, 1996
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December 16 WORK SESSION AGENDA ITE 'I-S
Memorandum from PCD Director: Scott-Six Industrial Park
Memorandum from Planning & Community Development Assistant Director and City
MISCELLANEOUS ITEMS
Letter from Iowa City Community School District to Mayor: West High Traffic Light
Memorandum from Council Member Kubby: Shaw Shooting
Memorandum from City Manager- Downtown
Memorandum from City Manager. Stormwater Quality Management
Engineer: Iowa River Corridor Trail from Burlington Street to Sturgis Ferry Park~c.~'
Determination of Capitol Improvement Program Priority
Memorandum from Finance Director: Request to Give You Feedback on Alternatives to
the Qualifications for Low Income Assistance Programs
Memorandum from City Manager: 505 E. Burlington Street, Iowa - Illinois Manor - EPA~
Superfund Site - ICON Article 11/14/96
Memorandum from City Manager: St. Pat's Parking Garage- Update
Memorandum from City Manager: Martin Luther King Day Z./'~;;~ ~ .
Letter from City Manager to Cathie Berglund: West High Traffic Light /"/o,0c~,
Letter from City Manager to Pam Ehrhardt: Summit Street Traffic
Letter from Assistant City Manager: Cable TV Issues
Letter from Linda Walshire to TCI: Cable TV /-'/C~
Memorandum from Asst. City Attorney Mitchell: Requests for Legal Opinions .
Memorandum from Asst. City Attorney Mitchell: Update on Request to Close Alleyway in
Strohm's Addition
Memorandum from City Clerk: Council Meeting Schedule for 1997
Memorandum from City Clerk: Upcoming Meeting Schedule
Memorandum from City Clerk: December 3 Work Session
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Memorandum from City Clerk: December 4 Joint Meeting of City Council and Johnso
County Board of Supervisors ~//~ ~?
Memorandum from Asst. Director, Dept. of Planning and Community Development:
Approved Iowa City Residential Neighborhood Traffic Calming Program Evaluation
Criteria .Z./~' .
Agenda: December 18 Downtown Strategy Committee Meeting z-Jc~_.~
Memorandum from PCD Director and Economic Development Coordinator December 18, L~,o~/./(~
1996, Downtown Strategy Committee Meeting
Letter from Victoria Gilpin to Downtown Association: Skywalk Z](c,~/'//
Draft of Resolution: Supporting the Reversal of State Preemption of Local Tobacco-
Related Ordinances (Novick)
Letter from Director of Parks and Recreation: Booklet Corrections Lf/o.~ L/3
Press Release: Holiday Season Suggestions Z_/~.
Agenda: December 12, 1996, Johnson County Board of Supervisors Formal Meeting
FY97 Comparison of Budget to Actual Revenues Expenditures and Cash Position forZ~c~ ~/~o
Operating Funds (Council Packets Only)
Memo from City Clerk, Risk Manager, and Asst. City Atty. regarding
pedicab insurance.
Memo from Director of Parking & Transit regarding Transit Building Update.
Copy of information from Gerald Carroll regrading TCI.
Memo from City Attorney regarding duty to defend City Employees; Shaw
incident.
Memo from Recreation Superintendent to P&R Comm. regarding Low Income Fees. ZT/C~/
Agenda for the 12/17/96 Informal meeting of the Board of Supervisors.
Memo from City Atty. regarding update on legal opinion regarding
land east of the City Cemetery.
Article: Teens, take warning: State plans to get tough. (tobacco,
alcohol, gambling)
Letter from Iowa League of Cities regarding mail-in ballots.
Memo from City Clerk regarding meeting schedule for January, February,
and March 1997.
Copy of a resolution supporting the reversal of state preemption of
local tobacco-related ordinances.
Letter from Citizens' Aide Ombudsman regarding citizen/police review board.~/~,~
Mayor's Statement regarding the Shaw SHooting Incident (read 12/17/96)