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HomeMy WebLinkAbout1996-12-17 Minutes numberedSubject to change as finalized by the City Clerk. the City Clerk's Office, 356-5040. For a final official copy, contact 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. ql '7 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 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 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 I 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 IPll IP12 IP13 IP14 IP15 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 IP16 IP17 IP18 IP19 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 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 IP18 IP19 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 IP20 IP21 IP22 IP23 IP24 IP25 IP26 IP27 IP28 IP29 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)