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HomeMy WebLinkAbout1997-05-06 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Of.f~ice, .356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 6, 1997 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, Mitchell, Kopping, Franklin, Schoon, Long, Fosse, Winstead, Goodman, Furman. Council minutes tape recorded on Tapes 97-76, 97-77, 97-78, Both Sides; 97-79, Side 1. The Mayor presented the Outstanding Student Citizen Awards to Mark Twain Elementary: Jason Hemann, Christine Mastalio, Shauna McDonald, Alaina Neu. The Mayor proclaimed Community Action Week - May 3-10, Mary Larew, HACAP, accepted; Tourism Week - May 4-10, Wendy Ford accepted; Women's Heart Health Day - May 10; School Board Recognition Week - May 11-17; Historic Preservation Week - May 11-17, Betty Kelly accepted; Cancer Survivor's Day - May 17, Council Member Thornberry presented the proclamation to Suzanne Roverud, America Cancer Society and Sr. Theresa, Mercy Hospital. Moved by Lehman, seconded by Kubb¥, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the special and regular meetings of April 22, 1997, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Broadband Telecomm. Comm. - March 24, 1997. Design Review Comm. - March 17, 1997. (a) Approve the design of the temporary Butterfly Garden. (b) Approve the proposed awning at 116. E. College Street. Housing and Community Development Comm. - March 5, 1997, March 6, 1997, April 17, 1997. a) Approve an amendment to the 1994 Supplemental CDBG (Floor #2) Budget. This amendment would fund the Wylde Green Sanitary Sewer Project. b) Approve the FY98 Annual Action Plan, including any potential funding changes made by the City Council. Airport Commission - March 13, 1997. Bd. of Appeals - December 2, 1996, December 9, 1996, January 13, 1997, March 3, 1997. P&Z Comm. - April 17, 1997. P&R Comm. - April 9, 1997. Riverfront & Natural Areas Comm. - March 19, 1997. (a) Adopt the Riverfront and Natural Areas Commission by-laws amendments regarding membership, officers, and amendments. Council Activities May 6, 1997 Page 2 Permit Motions: Approving a Class C Liquor License for Red Lobster #759, 1609 Highway 1 West. Approving a Class C Liquor License for The Vine Tavern & Eatery, 330 E. Prentiss St. Approving a Class E Beer Permit for Dubuque Street HandiMart, 204 N. Dubuque St. Approving a Class C Beer Permit for Wareco #446, 828 S. Dubuque St. Approving a Class B Permit for Sam's Pizza I.C., 321 S. Gilbert St. Setting Public Hearings: Setting a public discussion for May 20, 1997, on an ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Pet Animal Control," of the City Code of Iowa City. RES. 97-132, Bk. 117, p. 132, SETTING A PUBLIC HEARING for May 20 ON AMENDING THE FY97 OPERATING BUDGET. RES. 97-133, Bk. 117, p. 133, SETTING A PUBLIC HEARING for May 20 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WILLOW STREET IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 117: RES. 97-134, p. 134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR A LOW INTEREST LOAN AND A MORTGAGE FOR THE PROPERTY LOCATED AT 511 THIRD AVENUE, IOWA CITY, IOWA. RES. 97-135, p. 135, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A REHABILITATION AGREEMENT AND A MORTGAGE FOR THE PROPERTY LOCATED AT 3023 STANFORD AVENUE, IOWA CITY, IOWA. RES. 97-136, p. 136, ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMFNTS FOR LOTS 2, 3, & 4 OF WEST SIDE PARK. RES 97-137, p. 137, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL FY96 CELL CONSTRUCTION AND FY91 COVER PROJECT. RES. 97-138, p. 138, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF- WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE CO. D/B/A THE JAVA HOUSE FOR A SIDEWALl( CAFF. Correspondence: William Fischer regarding police investigation. Margaret Silber regarding SAFE KIDS. Joel Kline regarding pigeon coops. Susan Goodher regarding pigeon coops. Tim Vangsness regarding parking. Tim Vangsness regarding water. Michael Lensing regarding cemeteries. Julie Phye regarding Stepping Up Project. Kim Enams regarding "Share the Road" signs. JCCOG Traffic Engineering Planner: Designation of lane use control signs and pavement markings at the intersection of Iowa Avenue & Madison Street; Reserved parking for persons with disabilities in the 300 block of College Street. Civil Service Commission submitting certified lists of applicants for the following position(s): Emergency Communications Dispatcher; Housing Rehabilitation Assistant; Interactive Specialist; Senior Clerk/Typist Senior Center. Sheila Lehrke, International Rodeo Assn. Council Activities May 6, 1997 Page 3 regarding proposed animal control ordinance. Myrone Etienne regarding proposed animal control ordinance. Joan Galvin, Ringling Bros. & Barnum Bailey Circus, regarding proposed animal control ordinance. Barbara Curtin, Big Brothers/Big Sisters, regarding funding for bus passes. Applications for Use of Streets and Public Grounds, all approved: Jody Dvorak (Chamber of Commerce Business PM - Preferred Stock) - April 24. Donna Palmer (New Pioneer Cinco de Mayo Fiesta) May 4. Pat Lind (Carousel Motors Anniversary Sale) May 15 24. Jim Larew (Iowa City Area Science Center Butterfly Garden) ~ May 23 - September 30. [Located in 64-1a and City Plaza] Applications for Use of City Plaza, all approved. Thomas Cool< (art creation and sales) 1997 Ambulatory Vending Permit. Eugene Bilyk (ISKCON distribution of literature) - April 28 - May 3. Robert Yeats (tuba performance) - May 2. Affirmative roll call vote unanimous, 7/0, all Council Members present. Tt~e Mayor declared the motion carried and repeated the public hearings as set. Rene Paine, Director of PATV, appeared regarding expansion of access channels. Senior Center Comm. Chairperson Mary Kathryn Wallace, and Commission Member Wilma Conner, appeared and distributed copies of "Iowa City/Johnson County Senior Center Mission Statement and Goals" and invited Council to attend a meeting on May 15 to report results of a survey to improve services to Johnson County residents 55 years and older. A public hearing was held on the proposed Scott-Six Urban Renewal Plan for a proposed Urban Renewal Area in the City of Iowa City, Iowa. No one appeared. Moved by Lehman, seconded by Norton to combine Items No. 6b. a public hearing on a resolution amending the Comprehensive Plan to increase the density from 2-8 dwelling units per acre to 8-16 dwelling units per acre for an approximate 2.38 acre area located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road; and Item No. 6c. a public hearing on an ordinance amending the Zoning Chapter by changing the use regulations from RS-5, Low Density Single-Family Residential, to OPDH~12, Planned Development Housing Overlay, for a 2.38 acre property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi-family building for elderly housing. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Chad Cook, Eby Development and Management Company, appeared. Moved by Kubby, seconded by Thornberry, to accept correspondence from: Sterling House; John & Mary Lepic; John & Kara Sehl. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Lehman, that the ordinance amending Title lZ~, Chapter 6, entitled "Zoning," to provide elderly housing alternatives, 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 Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings Council Activities May 6, 1997 Page 4 *revised 5/20/97 * prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 97-3781, Bk. 40, p. 19, AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS ON A 3.74 ACRES OF PROPERTY LOCATED NORTHWEST OF MALL DRIVE FROM CC-2, COMMUNITY COMMERCIAL, TO I-1, GENERAL INDUSTRIAL (Oral B), 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 Thornberry, seconded by Vanderhoef, 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. Moved by Vanderhoef, seconded by Thornberry, to accept correspondence from Rick Berndt, Shive-Hattery. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Lehman, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," Section 1, entitled "Off~Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking, be given second vote for consideration. The following individuals appeared: Nancy Hauserman, 729 N. Linn; Maggie Rochelle, 730 N. Linn; and Jim Throgmorton, 715 N. Linn. PCD Director Franklin present for discussion. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Baker, Kubby, Norton, Novick. Nays: Thornberry, Vanderhoef, Lehman. Absent: None. Moved by Thornberry, seconded by Lehman, to accept correspondence from: John Allen & Cinda Tallent; Sister Mary Kruse; Crair Mosher, Director of Mental Health/Developmental Disabilities Services; Paula & Lowell Brandt; Kay Ireland; petition from the Northside Neighborhood; Holly Hart; Anne Armknecht, Hillcrest Family Services; Julia Rembert, Emergency Housing Project. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Lehman, to adopt ORD. 97-3782, Bk. 40, p. 20, VACATING THE PORTION OF THE ALLEY LOCATED SOUTH OF LOT 2 OF THE A.E. STROHM ADDITION, GENERALLY LOCATED SOUTH OF BOWERY STREET BETWEEN GOVERNOR AND LUCAS STREETS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Baker, to adopt ORD. 97-3783, Bk. 40, p. 21, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," CITY CODE, BY REVISING ARTICLE N, ENTITLED OFF-STREET PARKING AND LOADING," TO CHANGE THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR COMMERCIAL USES IN THE CB-5 ZONE. 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. 97-3784, Bk. 40, p. 22, AMENDING TITLE 14, "UNIFIED DEVELOPMENT CODE" OF THE CITY CODE BY AMENDING CHAPTER 9, ARTICLE A, ENTITLED "PARKING FACILITY Council Activities May 6, 1997 Page 5 IMPACT FEE" TO EXCLUDE COMMERCIAL DEVELOPMENT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Thornberry, to defer to May 20, 1997 a resolution approving the final plat of Walden Hills, a 40.7 acre, 53-1ot residential subdivision located on the north side of Rohret Road, east of Highway 218. The Mayor declared the motion carried unanimously, 6/0, Baker Absent. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 97-139, Bk. 117, p. 39, APPROVING THE PRELIMINARY PLAT OF THE SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, IOWA, as amended. PCD Director Franklin present for discussion. Atty. Robert Downer, representing AI and Mary Jo Streb appeared. Moved by Norton, seconded by Lehman, to approve the preliminary plat subject to resolution of the design issues on Freedom Court prior to the final plat approval. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Affirmative roll call vote on the amended resolution unanimous, 7/0, all Council Members present. The Mayor declared the resolution as amended adopted. A public hearing was held on an ordinance regulating non-motorized vehicles. Asst. City Atty. Mitchell present for discussion. The following individuals appeared: Heath Klahs, 229 S. Johnson; Ryan Mayer, 511 S. Johnson; Brian Getting, 630 S. Capitol #508; Courtney Daniels, 53 Amhurst; David Johnson, 408 N. 5th; Eric Neubauer, 209 E. Fairchild; and Ben Hartley, 1126 Sheridan. Moved by Lehman, seconded by Thornberry, that the ordinance regulating non-motorized vehicles, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council took a brief recess 9:25 p.m. Reconvened 9:z~O p.m. A public hearing was held on Iowa City's FY98 Annual Action Plan, that is part of the Consolidated Plan (City Steps), (excluding Habitat for Humanity), authorizing the City Manager to submit said plan and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized Chief Executive Officer for the Consolidated Plan. The following individuals appeared: Charles Eastham, 1152 E. Court, Iowa City Housing Fellowship; Jodi-beth McCain, 703 N. Dubuque, representing the River City Housing Collective; Alfonso Orbegoso, 703 N. Dubuque; Jeff Strottmann, 703 N. Dubuque; Bennett Brown, 802 E. Washington; Jason Maier, 703 N. Dubuque; Bob Hearst, 703 N. Dubuque; Zach Williams, 703 N. Dubuque; lamla (Susannah) Middaugh, 200 S. Summit; Steve Kanner, 200 S. Summit; Russell Lovtinsky, 1011 6th Ave. HCDC Chairperson Gretchen Schmuch and Commission Members Bill Stewart and Kathleen Renquist appeared. Community Development Coordinator Head present for discussion. Moved by Norton, seconded by Lehman, to accept correspondence from: Steven Kanner; Heather MacDonald. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Activities May 6, 1997 Page 6 Moved by Kubby, seconded by Baker, to adopt RES. 97-140, Bk. 117, p. 140, ADOPTING IOWA CITY'S FY98 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), (EXCLUDING HABITAT FOR HUMANITY), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. Moved by Baker, seconded by Vanderhoef, to amend the resolution to remove River City Housing from the allooation (list) and put the money back into the contingency fund to reallocate at a later time. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, on the following division of voice vote: Ayes: Lehman, Thornberry, Vanderhoef, Baker. Nays: Norton, Kubby, Novick. The Mayor declared the resolution adopted as amended, 6/1, with the following division of roll call vote: Ayes: Novick, Vanderhoef, Baker, Kubby, Lehman, Norton. Nays: Thornberry. Absent: None. Moved by Thornberry, seconded by Lehman, to adopt RES. 97-141, Bk. 11 7, p. 141, ADOPTING THE HOME INVESTMENT PARTNERSHIPS PROGRAM ALLOCATION FOR HABITAT FOR HUMANITY WITHIN THE FY98 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS). Community Development Coordinator Head present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton. Nays: Novick. Absent: None. A public hearing was held on a resolution approving plans, specification, form of contract, and estimate of cost for the construction of the First Avenue Improvements Project., Bradford Drive to Muscatine Avenue. Anna Buss, 1213 First Ave., appeared Moved by Lehman, seconded by Vanderhoef, to adopt RES. 97-142, Bk. 117, p. 142, PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of the 1997 Curb Ramps Project. No one appeared. Moved by Norton, seconded by Lehman, to adopt RES. 97-143, Bk. 117, p. 143, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1997 CURB RAMPS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING Council Activities May 6, 1997 Page 7 TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. Moved by Norton, seconded by Kubby, that the ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa, to make it substantially equivalent to the Federal Fair Housing Amendments Act of 1989, 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 adopt RES. 97-144, Bk. 117, p. 144, AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE OR LEASE DEVELOPMENT RIGHTS AS PART OF A PUBLIC/PRIVATE DEVELOPMENT PROJECT FOR URBAN RENEWAL PARCEL 64-1a. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, to adopt RES, 97-1z~5, Bk. 117, p. 145, AUTHORIZING THE ACQUISITION OF PERMANENT SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 97-146, Bk. 117, p. 146, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CORALVILLE- IOWA CITY ANIMAL SHELTER RENOVATION OF WEST WING PROJECT to Garling Construction, Inc. for ~129,z~50. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 97-147, Bk. 117, p. 147, CERTIFYING UNPAID WATER, WASTEWATER, SOLID WASTE AND RECYCLING CHARGES TO THE COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Customer Services Mgr. Dianna Furman present for discussion. The following individuals appeared: Kie Steve, 811 Rider; Gary Werle; and Anna Buss, 1213 First Avenue. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Design Review Comm. one vacancy to fill an unexpired term for a licensed architect, or a business or property owner from the area subject to the Design Review Ordinance for a term ending July 1, 1998. Economic Development Coordinator Schoon present for discussion. This appointment will be made at the June 17 meeting of the City Council. The Mayor noted the previously announced vacancies: Bd. of Library Trustees - three vacancies to fill six-year terms ending July 1, 2003; Design Review Comm. one vacancy to fill a three-year term ending July 1,2000; Historic Preservation Comm. - two vacancies to fill three-year terms ending March 29, 2000; one representing the East College Street District and one representing the College Green District. These appointments will be made at the May 20 meeting of the City Council. Council Activities May 6, 1997 Page 8 *revised 5/20/97 Moved by Lehman, seconded by Vanderhoef, to appoint Dr. Shawn Lockhart, 706 Diana Ct., to the Animal Control Advisory Bd. to fill a three-year term ending May 4, 2000; appoint Lon Moeller, 1630 Langenberg Ave., to fill an unexpired term ending April 1, 2000 on the Civil Service Commission; appoint Michaelanne Widness, 629 Melrose Ave., to the Historic Preservation Comm. to fill a three-year term ending March 29, 2000; to approve a recommendation of the Johnson County Board of Supervisors to appoint Tom Riley to the Riverfront & Natural Areas Comm. to fill an unexpired term ending December 31, 1998. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Baker noted the letter distributed at Council's work session from Barbara Curtin, Big Brothers/Big Sisters, requesting funding for bus passes. Council directed staff to approve the request. Baker acknowledged the dedication of Historic Preservation Chairperson Doug Russell for his work as a Commission Member. Council Member Norton also noted the contributions of Design Review Commission Chairperson Martin Haynes and P&Z Commission Member Jane Jakobson. Council Member Vanderhoef asked that the CN-1 zoning ordinance be revisited in regards to basements. The City Clerk said the matter had been referred to the Planning Department. Vanderhoef requested Council discuss naming the east/west arterial off of First Avenue extended in the near future. Council Member Thornberry acknowledged the following city employees who had been awarded the City's Safe Workers and Safe Drivers: Earlis Stockman, Steve Elliot, Jim Wells, Steve Reichardt, Malcom Powers, Paul Close, Les Schaapveld, Don Fabian, Frank Dolezal, Harry Brooks, J. B. Smothers. Council Member Lehman referenced the editorial in the Iowa City Press Citizen from Osha Gray Davidson regarding the police survey, and clarified that the City Council did not approve the allocation of funds. Lehman requested that department heads and City Manager review their budgets for cost savings in light of the financial situation and report back to Council. The City Mgr. will follow-up. The Mayor stated there would be a meeting on May 9 to discuss the establishment of a government network with Woods Quality Institute and representatives from City and County governments. Council Member Kubby requested discussion be scheduled concerning the Linn Street parking lot proposal by staff. Kubby suggested council schedule another work session in May to cover pending issues. Kubby noted the letter from Margaret Silber, SAFE KIDS, and requested a response be sent. Council Member Norton noted the issue of the budget difficulties was affected by the Machinery and Equipment (M&E) state allocation. In response to Norton, the City Mgr. reported that the equipment had been ordered for the signalization of the Kirkwood/Gilbert intersection. Norton stated Benton Street was in need of repair. Mayor Novick assured citizens that the City is looking at options that would prevent depleting the Citys' reserves in ten years. Mayor Novick acknowledged citizens requesting downtown police officers; requested staff explore not sending Council Activities May 6, 1997 Page 9 Parks & Recreation brochures to 45,000 residents; and encouraged input on other cost saving ideas Moved by Lehman, seconded by Thornberry, to adjourn 12:30 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. n 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 pro- ceedings and claims is 5 Cumu- lative cost for this calendar year for said pub- lication is $ OFFICIAL COUNCIL ACTIONS -- 4/22/97 Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Moved and seconded to adjourn to Ex- ecutive Session to discuss strategy with counsel in matters that are presently in litiga- tion or where litigation is imminent where its disclosure would be likely to prejudice or dis- advantage the position of the governmental body in that litigation; and to discuss the pur- chase of particular real estate only where premature disclosure could be reasonably ex- pected to increase the price the governmental body would have to pay for that property, the minutes and tape recording of a session closed under this paragraph shall be available for public inspection when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn 6:52 p.m. 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 Submitted for publication - 5/1/97. \ 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 - 4/22/97 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. The Mayor presented the Outstanding Student Citizen Awards to Weber Elementary: Anne Marie Cannon, Tyler Carrington, Megan Gugliano. The Mayor proclaimed Arbor Day - April 25; Days of Remembrance - May 4 - May 11; Bicycle Month - May. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved and/or adopted as amended. Moved and seconded to delete item 4f(1) from the Consent Calendar and consider as a separate item, a resolution approving an agreement between the City of Iowa City and the Iowa State De- partment of Economic Development for State of Iowa Home Investment Partnership (HOME) program funding. The Mayor declared the motion to delete 4f(1) carried. The Consent Calendar was presented as follows: Approval of Official Council Actions of the regular meeting of April 8, as published, subject to cor- rections, as recommended by the City Clerk. Minutes of Boards and Com- missions: Animal Control Advisory Bd. - April 3. Housing & Community De- velopment Comm. - February 18, Feb- ruary 19, February 20. Bd. of Adjust- ment - Apri~ 9. P&Z Comm. April 3. Bd. of Library Board of Trustees March 17. Permit Motions: Class B Beer Permit for Chil'l & Grill, 206 N. Linn St. Setting Public Hearings: Setting a public hearing for May 6, on the FY98 Annual Action Plan. RES. 97-113, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE, DIRECTING Council Actions April 22, 1997 Page 2 CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SA~D PLANS ON FILE FOR PUBLIC INSPEC- TION. RES. 97-114, SETTING A PUB- LIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CON- STRUCTION OF THE 1997 CURB RAMP PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Motions: Approve disbursements in the amount of $7,992,538.74 for the period of March 1 through March 31, as recommended by the Finance Di- rector subject to audit. Resolutions: RES. 97-115, ACCEPT- ING THE WORK FOR THE SANITARY SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR BOYRUM SUBDIVISION PART 4, AND DECLARING THE PUBLIC IM- PROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 97-116, AUTHORIZING THE MAYOR TO EXE- CUTE AND THE CITY CLERK TO AT- TEST A SUBORDINATION AGREE- MENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LO- CATED AT 421 CRESTVIEW AVE- NUE, IOWA CITY, IOWA. RES. 97- 117, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLFRK TO AT- TEST THE RELEASE OF A LIEN RE- GARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE FOR CONDITIONAL NO INTEREST LOAN, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 521 FIRST AVENUE SOUTH, IOWA CITY, IOWA. RES. 97-118, AUTHORIZING THE HISTORIC PRESERVATION COMMIS- SION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOP- MENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HIS- TORIC RESOURCES WITHIN A POR- TION OF THE ORIGINAL TOWN PLAT (PHASE II). Council Actions April 22, 1997 Page 3 Correspondence: Nancy Stensvaag (Iowa Valley Habitat for Humanity) re- garding funding. Joe Murphy regard- ing stage in City Plaza. Suzanne Streitz (Downtown Association) regarding stage in City Plaza, Monday Forum regarding stage in City Plaza. J.P. Long regarding govern- ment/volunteer services, Mark Edwards regarding sidewalks along Sycamore Street, John and Margaret Clancy regarding Old Dubuque Road/Highway 1. Gerald Clancy re- garding North Dodge Street. Barbara Ringwalt regarding Hickory Hill Park, Randy Miller regarding city cemeter- ies. Casey Cook (Friends of the Iowa River Scenic Trail) regarding Iowa River Corridor Trail, Cortney Daniels (Riverfront and Natural Areas Com- mission) regarding Iowa River Corridor Trail, John Castle (Corps of Engineers) regarding invitation to May 26 Vet- eran's Trail dedication, Civil Service Commission submitting certified lists of applicants for the following posi- tion(s): Maintenance Worker II Landfill. Jim Houghton regarding Iowa City Building Issues. William and Geraldine Arn regarding open burning, Applications for Use of Streets and Public Grounds, all approved: Patricia Gingrich (Johnson County CROP Walk) April 13. Barbara Schelar (Willowwind School Downtown De- Trash-a-Thon) - April 22, Bill Summers (Kathleen Kelly Memorial Women's Heart Walk) - May 10, Jutie Agan Monson (Irving Weber Elementary Spring Carnival Fun Run) - May 10. Opal Kennard (American Legion Auxil- iary Chopek/Ott Unit #17 Poppy Donation) May 16-17, Patricia VanEck (Memorial Day Services). Steve Grismore (Jazz Fest) July 3 and 4, Applications for City Plaza Use: Grace Trifaro (Vigil for Animals in Lab Liberation Day) - April 20. - May 26. William Patterson (The University of Iowa RiverFest ~ Stuart Davis Musical Performance) April 24. Steve Grismore (Jazz Fest) - July 3 and 4, The Mayor declared the motion carried and repeated the public hearings as set, Moved and seconded to adopt RES, 97- 119, APPROVING AN AGREEMENT Council Actions April 22, 1997 Page 4 BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECO- NOMIC DEVELOPMENT FOR STATE OF IOWA HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SAME. John Fitzpatrick, 721 N. Linn, appeared regarding the conversion of fraternity and sorority houses to rooming houses. The fol- lowing individuals appeared regarding the ex- tension of First Avenue: Atty. Jim McCarragher, representing the Iowa City Press-Citizen; Mike Gatens, 2045 Dubuque Rd.; and John Clancy, 2003 N. Dodge. Moved and seconded to set a public hearing for May 6, on a resolution amending the Comprehensive Plan to increase the den- sity from 2-8 dwelling units per acre to 8-16 dwelling units per acre for an approximate 2.38 acre area located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road. The Mayor de- clared the motion carried. Moved and seconded to set a public hearing for May 6, on an ordinance amending the Zoning Chapter by changing the use regulations from RS-5, Low Density Single- Family Residential, to OPDH-12, Planned De- velopment Housing Overlay, for a 2.38 acre property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi- family building for elderly housing. The Mayor declared the motion carried. A public hearing was held on an ordi- nance amending Title 14, Chapter 6, entitled "Zoning," to provide elderly housing alterna- tives. Jim O'Brien, 329 S. Lucas, appeared. Moved and seconded that the ordinance amending the Zoning Chapter by changing the use regulations on a 3.74 acre tract located on Mall Drive from Community Commercial (CC-2) to General Industrial (I-1), be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to defer to May 20, an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off- Street Parking and Loading," Section 1, enti- tled "Off-Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking. The following individuals appeared: John Fitzpatrick, 721 N. Linn; Stanly Ziewacz, 304 Ronalds; Greg Council Actions April 22, 1997 Page 5 Rockow; Theresa Kopatich, North Liberty; and Larry Svoboda. The Mayor declared the motion to defer defeated. Moved and seconded that the ordinance be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Larry Svoboda; Steve van der Woude, Northside Neighbor- hood. The Mayor declared the motion car- ried. Moved and seconded to move to Item No. 7 at this time. The Mayor declared the motion carried. A public hearing was held on an ordi- nance regulating non-motorized vehicles. The following individuals appeared: Heath Klahs, 229 S. Johnson; Brian Getting, 630 S. Capi- tol; Ben Hartley, 1126 Sheridan; Dave John- son, 725 N. Dubuque; Sandy Shaw, 2806 Eastwood; and Kevin Shannon, 710 Clark. Moved and seconded to continue the public hearing to May 6. The Mayor declared the motion carried. Moved and seconded to ac- cel~t correspondence from: Heath Klahs; and Sandy Shaw. The Mayor declared the motion carried. Moved and seconded to defer to May 6, an ordinance regulating non-motorized 'vehi- cles. The Mayor declared the motion carried. Moved and seconded that the ordinance vacating the portion of the alley located south of Lot 2 of the A.E. Strohm Addition, gener- ally located south of Bowery Street between Governor and Lucas Streets, 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," City Code, by revising Article N, entitled Off-Street Parking and Loading," to change the required number of off-street parking spaces for commercial uses in the CB- 5 zone, be given second vote for considera- tion. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to exclude commercial development, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 97- 3779, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 140.5 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF SCOTT BOULEVARD, NORTH Council Actions April 22, 1997 Page 6 OF HIGHWAY 6, FROM COUNTY M1, LIGHT INDUSTRIAL, TO C1-1, INTENSIVE COMMER- CIAL (38.93 ACRES), AND I-1, GENERAL IN- DUSTRIAL (101.57 ACRES). Moved and seconded to adopt RES. 97- 120, APPROVING PRELIMINARY AND FINAL PLAT OF A RESUBDIVISION OF A PORTION OF LOT 3, WEST SIDE PARK, IOWA CITY, IOWA. Moved and seconded to adopt RES. 97- 121, APPROVING THE FINAL PLAT OF COURT PARK SUBDIVISION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 97- 122, APPROVING THE AMENDED PRELIMI- NARY PLAT OF WINDSOR RIDGE - PARTS SEVEN AND EIGHT, IOWA CITY, IOWA. Moved and seconded to adopt RES. 97- 123, APPROVING FINAL PLAT OF WINDSOR RIDGE- PART EIGHT, IOWA CITY, IOWA. A public hearing was held on a resolution approving plans, specifications, form of con- tract, and estimate of cost for co'nstruction of the Raw Water Main Project - Contract 1 in connection with the Water Supply and Treatment Facilities Improvements Project. Moved and seconded to adopt RES. 97- 124, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE RAW WATER MAIN PROJECT- CONTRACT 1 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES IMPROVE- MENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on conveyance of a twelve-and-a-half foot wide, seventy-five foot long (937.5 Sq. Ft.) parcel of vacated F Street right-of-way located along the southern property line of 839 S. 1st Avenue to Chester & Retta Pelsang. Moved and seconded to adopt RES. 97- 125, CONVEYANCE OF A TWELVE-AND-A- HALF-FOOT WIDE, SEVENTY-FIVE FOOT LONG (937.5 SQ. FT.) PARCEL OF VACATED F STREET RIGHT-OF-WAY LOCATED ALONG THE SOUTHERN PROPERTY LINE OF 839 S. FIRST AVENUE TO CHESTER AND RETTA PELSANG. Moved and seconded that the ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa, to make it substantially equivalent to the Federal Fair Housing Amendments Act of' Council Actions April 22, 1997 Page 7 1989, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the rule requir- ing ordinances 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 vote be waived, and that ORD. 97-3780, AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY ENTI- TLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING CHAPTER 3, SECTION 6C THEREIN. TO EXTEND THE SCHOOL ZONE ON BENTON STREET FROM BENTON DRIVE TO HUDSON AVENUE, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97- 126, APPROVING THE FY98, 99, 2000, 2001, AND 2002 OFFICIAL REPORT OF MU- NICIPALITIES FOR THE STREET CONSTRUC- TION PROGRAM FR~)M JULY 1, 1997, TO JUNE 30, 2002. Moved and seconded to adopt RES. 97- 127, AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE WYLDE GREEN SANITARY SEWER REPLACEMENT PROJECT. Moved and seconded to adopt RES. 97- 128, AWARDING CONTRACT AND AUTHOR- IZING MAYOR TO SIGN AND CITY CLERIC TO ATTEST CONTRACT FOR CONSTRUCTION OF THE 1997 ASPHALT RESURFACING PRO- JECT. Moved and seconded to adopt RES. 97- 129, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREE- MENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE RE- CONSTRUCTION OF WOOLF AVENUE BE- TWEEN NEWTON ROAD AND BAYARD STREET. Moved and seconded to adopt RES. 97- 130, CERTIFYING UNPAID MOWING AND CLEAN-UP OF PROPERTY CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Moved and seconded to accept correspon- dence from William Meardon. The Mayor de- clared the motion carried. Moved and seconded to adopt RES. 97- 131, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE Council Actions April 22, 1997 Page 8 FOR BUSINESS PROPERTY WITH THE JOHN- SON COUNTY AGRICULTURAL ASSOCIA- TION FOR RENTAL OF THE JOHNSON COUNTY 4-H BUILDING IN IOWA CITY, IOWA, FOR PURPOSES OF STORAGE OF CITY EQUIPMENT. Moved and seconded to defer to June 17, a resolution calling a special election. The Mayor declared the motion carried. The Mayor noted the previously an- nounced vacancies: Historic Preservation Corem. - one vacancy to fill a three-year term ending March 29, 2000. This appointment will be made at the May 6 meeting of the City Council. BD. of Library Trustees - three va- cancies to fill six-year terms ending July 1, 2003. Design Review Comm. - one vacancy to fill a three-year term ending July 1,2000. Historic Preservation Comm. - two vacancies to fill three-year terms ending March 29, 2000; one representing the East College Street District and one representing the Col- lege Green District. These appointments will be made at the May 20 meeting of the City Council. Moved and seconded to re-advertise the vacancy on the Animal Control Advisory Bd. to fill a three-year term ending May 4, 2000; re-advertise the vacancy on the Civil Service Comm. to fill an unexpired term ending April 1, 2000; appoint Lars Anderson, 1006 Oak- crest //207, to the Historic Preservation Comm. to fill an unexpired term ending March 29, 1999; appoint Philip Shive, 1134 Denbigh Dr., to the P&Z Comm. to fill a five-year term ending May 1, 2002. The Mayor declared the motion carried. Moved and seconded to adjourn 11:00 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/NAOMI J. NOVICK, MAYOR Sub i~publication - 5/1/97. 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 APRIL 22, 1997 Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker (6:03 p.m.), Kubby, Lehman, Norton, Novick, Thornberry (6:03 p.m.), Vanderhoef. Absent: None. Staffmembers: Woito, Karr. Council minutes tape recorded on Tape 97-63, Side 2. Moved by Kubby, seconded by Lehman, to adjourn to Executive Session 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 disadvan- tage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be rea- sonably expected to increase the price the governmental body would have to pay for that property, the minutes and tape recording of a session closed under this paragraph shall be available for public inspection when the transaction discussed is completed. Affirmative roll call vote unanimous, 5/0, Baker & Thornberry absent. The Mayor declared the motion carried and adjourned to executive session 6:03 Council returned to open session 6:50 p.m. Moved by Baker, seconded by Thornberry, to adjourn 6:52 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K. Kar.r, City Clerk 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 APRIL 22, 1997 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, ']'hornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Robinson, Miklo, Dollman, Fosse, Schmadeke, Franklin, Shank. Council minutes tape recorded on tape 97-67 & 97-68, Both Sides; 97-69, Side 1. The Mayor presented the Outstanding Student Citizen Awards to Weber Elementary: Anne Marie Cannon, Tyler Carrington, Megan Gugliano. The Mayor proclaimed Arbor Day - April 25, 1997, City Forester Robinson accepted; Days of Remembrance - May 4 - May 11, 1997; Bicycle Month - May 1997. Moved by Lehman, seconded by Kubby, that the following items and recommendations in the Consent Calendar be received, or approved and/or adopted as amended. Moved by Thornberry, seconded by Lehman, to delete item 4f(1) a resolution approving an agreement between the City of Iowa City and the Iowa State Department of Economic Development for State of Iowa Home Investment Partnership (HOME) program funding, and authorizing the Mayor to Execute and the City Clerk to attest the same, and to consider as a separate item. The Mayor declared the motion to delete 4f(1) carried unanimously, 7/0, all Council Members present. The Consent Calendar was presented as follows: Approval of Official Council Actions of the regular meeting of April 8, 1997, as published, subject to corrections, as recommended by the City .Clerk. Minutes of Boards and Commissions: Animal Control Advisory Bd. - April 3, 1997. Housing & Community Development Comm. - February 18, 1997, February 19, 1997, February 20, 1997. Bd. of Adjustment - April 9, 1997. P&Z Commo April 3, 1997. Bd. of Library Board of Trustees - March 17, 1997. Permit Motions: Approving a Class B Beer Permit for Chill & Grill, 206 N. Linn St. Setting Public Hearings: Setting a public hearing for May 6, 1997, on the FY98 Annual Action Plan. RES. 97-113, Bk. 117, p. 113, SETTING A PUBLIC HEARING for May 6 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-114, Bk. 117, p. 114, SETTING A PUBLIC HEARING for May 6 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1997 CURB RAMP PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Council Activities April 22, 1997 Page 2 Motions: Approve disbursements in the amount of $7,992,538.74 for the period of March I through March 31, 1997, as recommended by the Finance Director subject to audit. Resolutions, Bk. 117: RES. 97-115, p. 115, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR BOYRUM SUBDIVISION PART 4, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 97-116, p. 116, 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 421 CRESTVIEW AVENUE, IOWA CITY, IOWA. RES. 97-117, p. 117, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE FOR CONDITIONAL NO INTEREST LOAN, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 521 FIRST AVENUE SOUTH, IOWA CITY, IOWA. RES. 97-118, p. 118, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORIC RESOURCES WITHIN A PORTION OF THE ORIGINAL TOWN PLAT (PHASE II). Correspondence: 'Nancy Stensvaag (Iowa Valley Habitat for Humanity) regarding funding. Joe Murphy regarding stage in City Plaza. Suzanne Streitz (Downtown Association) regarding stage in City Plaza. Monday Forum regarding stage in City Plaza. J.P. Long regarding government/volunteer services. Mark Edwards regarding sidewalks along Sycamore Street. John and Margaret Clancy regarding Old Dubuque Road/Highway 1. Gerald Clancy regarding North Dodge Street. Barbara Ringwalt regarding Hickory Hill Park. Randy Miller regarding city cemeteries. Casey Cook (Friends of the Iowa River Scenic Trail) regarding Iowa River Corridor Trail. Cortney Daniels (Riverfront and-Natural Areas Commission) regarding Iowa River Corridor Trail. John Castle (Corps of Engineers) regarding invitation to May 26 Veteran's Trail dedication. Civil Service Commission submitting certified lists of applicants for the following position(s): Maintenance Worker II - Landfill. Jim Houghton regarding Iowa City Building Issues. William and Geraldine Arn regarding open burning. Applications for Use of Streets and Public Grounds, all approved: Patricia Gingrich (Johnson County CROP Walk) - April 13. Barbara Schelar (Willowwind School Downtown De-Trash-a-Thon) - April 22. Bill Summers (Kathleen Kelly Memorial Women's Heart Walk) May 10. Julie Agan Monson (Irving Weber Elementary Spring Carnival Fun Run) - May 10. Opal Kennard (American Legion Auxiliary Chopek/Ott Unit #17 Poppy Donation) - May 16-17. Patricia VanEck (Memorial Day Services). Steve Grismore (Jazz Fest) - July 3 and 4. Applications for City Plaza Use: Grace Trifaro (Vigil for Animals in Lab Liberation Day) - April 20. - May 26. William Patterson (The University of Council Activities April 22, 1997 Page 3 Iowa RiverFest - Stuart Davis Musical Performance) - April 24. Steve Grismore (Jazz Fest) - July 3 and 4. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Kubby, seconded by Norton, to adopt RES. 97-119, BK. 117, p. 119, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR STATE OF IOWA HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SAME. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Baker, Kubby, Lehman, Norton, Novick, Vanderhoef. Nays: Thornberry. Absent: None. John Fitzpatrick, 721 N. Linn, appeared regarding the conversion of fraternity and sorority houses to rooming houses. The following individuals appeared regarding the extension of First Avenue: Atty. Jim McCarragher, representing the Iowa City Press-Citizen; Mike Gatens, 2045 Dubuque Rd.; and John Clancy, 2003 N. Dodge. Moved by Norton, seconded by Thornberry, to set a public hearing for May 6, 1997, on a resolution amending the Comprehensive Plan to increase the density from 2-8 dwelling units per acre to 8-16 dwelling units per acre for an approximate 2.38 acre area located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road. The Mayor declared the motion carried unanimously, 7/0, all Council 'Members present. Moved by Thornberry, seconded by Lehman, to set a public hearing for May 6, 1997, on an Ordinance amending the Zoning Chapter by changing the use regulations from RS-5, Low Density Single-Family Residential, to OPDH-12, Planned Development Housing Overlay, for a 2.38 acre property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi-family building for elderly housing. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending Title 14, Chapter 6, enti.tled "Zoning," to provide elderly housing alternatives. Jim O'Brien, 329 S. Lucas, appeared. Sr. Planner Miklo present for discussion. Moved by Kubby, seconded by Lehman, that the ordinance amending the Zoning Chapter by changing the use regulations on a 3.74 acre tract located on Mall Drive from Community Commercial (CC-2) to General Industrial (I-1) (Oral-B), 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, to defer to May 20, 1997, an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," Section 1, entitled "Off-Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking. The following individuals appeared: John Fitzpatrick, 721 N. Linn; Stanly Ziewacz, 304 Ronalds; Greg Rockow; Theresa Kopatich, North Liberty; and Larry Svoboda. Sr. Planner Miklo present for discussion. The Mayor declared the motion to defer defeated, 2/5, with Thornberry and Vanderhoef voting "aye". Moved by Baker, seconded by Council Activities April 22, 1997 Page 4 Kubb¥, that the ordinance be given first vote for consideration. The Mayor. declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Norton, Novick, Baker, Kubby, Lehman. Nays: Thornberry, Vanderhoef. Absent: None. Moved by Kubby, seconded by Norton, to accept correspondence from: Larry Svoboda; Steve van der Woude, Northside Neighborhood. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Norton, to move to Item No. 7 at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hear. ing was held on an ordinance regulating non-motorized vehicles. The following individuals appeared: Heath Klahs, 229 S. Johnson; Brian Getting, 630 S. Capitol; Ben Hartley, 1126 Sheridan; Dave Johnson, 725 N. Dubuque; Sandy Shaw, 2806 Eastwood; and Kevin Shannon, 710 Clark. Moved by Lehman, seceded by Vanderhoef, to continue the public hearing to May 6, 1997. The Mayor declared the motion carriehl unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman, to accept correspondence from: Heath Klahs; and Sandy Shaw. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Kubby, to defer to May 6, 1997, an ordinance regulating non-motorized vehicles. The Mayor declared the motion carried, 7/0, all Council Members present. (Return to Item No. 6e) Moved by Lehman, seconded by Norton, that the ordinance vacating the portion of the alley located south of Lot 2 of the A.E. Strohm Addition, generally located south of Bowery Street between Governor and Lucas Streets, be given second vote for consideration. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the motion carried. Moved by Lehman, seconded by Vanderhoef, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," City Code, by revising Article N, entitled Off-Street Parking and Loading," to change the required number of off-street parking spaces for commercial uses in the CB-5 zone, be given second vote for consideration. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Thornberry, Vandehoef, Baker, Lehman, Norton, Novick. Nays: Kubby. Absent: None. Moved by Vanderhoef, seconded by Lehman, that the ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to exclude commercial development, be given second vote for consideration. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Thornberry, Vanderhoef, Kubby, Lehman, Norton, Novick. Nays: Baker. Absent: None. Moved by Lehman, seconded by Thornberry, to adopt ORD. 97-3779, Bk. 40, p. 17, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 140.5 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF SCOII BOULEVARD, NORTH OF HIGHWAY 6, FROM COUNTY M1, LIGHT INDUSTRIAL, TO C1-1, INTENSIVE COMMERCIAL (38.93 ACRES), AND I-1, GENERAL INDUSTRIAL (101.57 ACRES) (Streb). Council Activities April 22, 1997 Page 5 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Norton, seconded by Thornberry, to adopt RES. 97-120, Bk. 117, p. 120, APPROVING PRELIMINARY AND FINAL PLAT OF A RESUBDIVISION OF A PORTION OF LOT 3, WEST SIDE PARK, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 97-121, Bk. 117, p. 121, APPROVING THE FINAL PLAT OF COURT PARK SUBDIVISION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Norton, to adopt RES. 97-122, Bk. 117, p. 122, APPROVING THE AMENDED PRELIMINARY PLAT OF WINDSOR RIDGE - PARTS SEVEN AND EIGHT, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Thornberry, to adopt RES. 97-123, Bk. 117, p. 123, APPROVING FINAL PLAT OF WINDSOR RIDGE PART EIGHT, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of the Raw Water Main Project - Contract 1 in connection with the Water Supply and Treatment Facilities Improvements Project. No one appeared. Moved by Vanderhoef, seconded by Norton, to adopt RES. 97-124, Bk. 117, p. 124, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE RAW WATER MAIN PROJECT CONTRACT 1 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Pub!ic Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on conveyance of a twelve-and-a-half foot wide, seventy-five foot long (937.5 Sq. Ft.) parcel of vacated F Street right-of-way located along the southern property line of 839 S. 1st Avenue to Chester & Retta Pelsang. No one appeared. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-125, Bk. 117, p. 125, CONVEYANCE OF A TWELVE-AND-A-HALF-FOOT WIDE, SEVENTY- FIVE FOOT LONG (937.5 SQ. FT.) PARCEL OF VACATED F STREET RIGHT-OF- WAY LOCATED ALONG THE SOUTHERN PROPERTY LINE OF 839 S. FIRST AVENUE TO CHESTER AND RETTA PELSANG. Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Norton, that the ordinance amending Title 2 of the City Code, the Human Rights Ordinance .of the City of Iowa City, Iowa, to make it substantially equivalent to the Federal Fair Housing Amendments Act of Council Activities April 22, 1997 Page 6 1989, be given first vote for consideration. Human Rights Coordinator Shank present for discussion present for discussion. Affirmative. roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Lehman, that the rule requiring ordinances 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 vote be waived, and that ORD. 97-3780, Bk. 40, p. 18, AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING CHAPTER 3, SECTION 6C THEREIN TO EXTEND THE SCHOOL ZONE ON BENTON STREET FROM BENTON-DRIVE TO HUDSON AVENUE, 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 Thornberry, seconded by Vanderhoef, 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. Moved by Thornberry, seconded by Norton, to adopt RES. 97-126, Bk. 117, p. 126, APPROVING THE FY98, 99, 2000, 2001, AND 2002 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1997, TO JUNE 30, 2002. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 97-127, Bk. 117, p. 127, AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE WYLDE GREEN SANITARY SEWER REPLACEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Lehman, to adopt RES. 97-128, Bk. 117, p. 128, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE 1997 ASPHALT RESURFACING PROJECT to L.L. Pelling Co., Inc. for 731,711.70. 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 Vanderhoef, seconded by Norton, to adopt RES. 97-129, BK. 117, p. 129, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO FXFCL,ITF AND THF CITY CLI~RK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE RECONSTRUCTION OF WOOLF AVENUE BETWEEN NEWTON ROAD AND BAYARD STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Norton, to adopt RES. 97-130, Bk. 117, p. 130, CERTIFYING UNPAID MOWING AND CLEAN-UP OF PROPERTY CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Thornberry, to accept correspondence from William Meardon. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Activities April 22, 1997 Page 7 Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 97-131, Bk. 114, p. 131, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE FOR BUSINESS PROPERTY WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL OF THE JOHNSON COUNTY BUILDING IN IOWA CITY, IOWA, FOR PURPOSES OF STORAGE OF CITY EQUIPMENT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Thornberry, to defer to June 17, 1997, a resolution calling a special election (for a 922 million bond issue for constructing and equipping a multi-purpose cultural center including an expansion of the Iowa City Public Library, a 500-seat performance auditorium, gallery and exhibit space, and a 100-1- space parking garage). PCD Director Franklin present for discussion. After discussion Council agreed to schedule a special work session for June 3, 4:00-6:00 to discuss the issue prior to a vote on June 17. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: Historic Preservation Comm. one vacancy to fill a three-year term ending March 29, 2000. This appointment will be made at the May 6 meeting of the City Council. Bd. of Library Trustees three vacancies to fill six-year terms ending July 1, 2003. Design Review Comm. - one vacancy to fill a three-year term ending July 1,2000. Historic Preservation Comm. two vacancies to fill three-year terms ending March 29, 2000, one representing the East College Street District and one representing the College Green District. These. appointments will be made at the May 20, 1997, meeting of the City Council. Moved by Lehman, seconded by Thornberry, to re-advertise the vacancy on the Animal Control Advisory Bd. to fill a three-year term ending May 4, 2000; re- advertise the vacancy on the Civil Service Comm. to fill an unexpired term ending April 1, 2000; appoint Lars Anderson, 1006 Oakcrest #207, to the Historic Preservation Corem. to fill an unexpired term ending March 29, 1999; appoint Philip Shive, 1134 Denbigh Dr., to the P&Z Comm. to fill a five-year term ending May 1, 2002. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Norton noted the letter from William and Geraldine Arn regarding open burning and requested a response. The CiTy Attorney stated The matter had been researched by Asst. City Atty. Holecek and stated the property does not appear to fit any of the exceptions. Regarding the upcoming evaluations of the City Mgr., City Attorney, and City Clerk, Norton stated he saw information in a past PM magazine that might be helpful. Kubby agreed and stated she would provide copies for Council's next packet. Council Member Kubb¥ stated her hesitancy to fund the request from Joe Murphy for a stage in the Plaza because of plans for renovation of the pedestrian mall/City Plaza area, but questioned helping with electrical improvements. The Mayor noted the City already pays for electricity. The Mayor will respond to the request. Kubby noted the letter from Mark Edwards requesting sidewalks along Sycamore, and asked what temporary options where available. The City Manager will follow-up. Kubby requested that SEATS contract negotiations issues be scheduled for the next Council work session. Kubby requested an update on the Council Activities April 22, 1997 Page 8 requests from the Nutrition Committee furnished at the joint City/County/School Board meeting April 2. The City Manager stated he had forwarded the requests to the Senior Center Commission and will follow-up. Kubby acknowledged the memo from Joyce Carroll announcing that low key entertainment would be provided prior to the Farmers Market on Wednesday evenings starting at 5:00, and encouraged the community to contact Joyce with ideas. Council Member Vanderhoef noted the memo on case file reviews from the Police Department and asked for Council concurrence to close this investigation of previous police files after completion of the 1995 year. Council agreed to close the case file review and will continue to get use of force reports every two months. In response to Vanderhoef, the City Mgro summarized the City's use of Community Service Workers. Council Member Baker notified Council they would be receiving a request from Big Brothers/Big Sisters for help in funding a program providing transit for kids this summer utilizing fannypacks as a ticket, similar to the keychains used last year. In response to Baker, PCD Director Franklin outlined the process for changing the budget allocation for CDBG monies, and encouraged Council to provide questions on organizations as soon as possible to allow staff and the organizations time to investigate and respond. Mayor Novick updated citizens on the following activities: Local Legislators meeting April 26 at the Public Library; Crisis Center Breakfast at St. Wenceslaus, April 27; special City Council Work Session for public input on the Police Citizen Review Board (PCRB) ordinance, April 29; University Opera, May 2 and 4; Historic preservation Awards at the County Courthouse May 14. City Manager Atkins announced that the CDBG staff has secured a $400,000 HUD grant for the Wylde Green sewer project. City Atty. Woito stated she had distributed copies of the latest Police Citizen Review Board ordinance (PCRB) for discussion April 29. Moved by Thornberry, seconded by Lehman, to adjourn 11:000 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr, City Clerk