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HomeMy WebLinkAbout1998-02-10 Council minutesSubject 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 FEBRUARY 10, 1998 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Franklin, Schmadeke, Yucuis. Council minutes tape recorded on Tape 98-24 & 98-25, Both Sides. The Mayor proclaimed Salute to Hospitalized Veterans Day - February 14, Gary Strank, Veterans Administration accepted; Sertoma's Freedom Week - February 15-21, Jeff Edburg accepted; Special Olympics Month March 1998, Joyce Rossie accepted. The Mayor presented the Outstanding Student Citizenship Award to Hoover Elementary students: Jessica Herrick, Lucas Kennedy, David Rumsey, Sarah Schulte. Moved by Thornberry, seconded by Norton, 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 regular meeting of January 27, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. January 13. Human Rights Comm. - January 26. P&R Comm. - January 14. Bd. of Library Trustees - January 22. P&Z Comm. January 15. PCRB - January 23, January 29. Riverfront & Natural Areas Comm. - December 17. Sr. Center Comm. - December 17. Permit Motions: Class C Liquor License for Jimmy's Bistro, 325 E. Washington St. Outdoor Service Area for Jimmy's Bistro, 325 E. Washington St. Class C Liquor License for One-Eyed Jakes, 18-20 S. Clinton St. Class E Beer Permit for QuikTrip //509, 323 E. Burlington St. Class E Liquor License for Hy-Vee Food & Drugstore #2, 812 S. 1st Ave. Class E Beer Permit for Hy-Vee Food & Drugstore #2, 812 S. 1st Ave. Class E Liquor License for Hy- Vee Food & Drugstore #1, 1720 Waterfront Dr. Class E Beer Permit for Hy- Vee Food & Drugstore #1, 1720 Waterfront Dr. Class E Beer Permit for Hy- Vee Food Store #3, 1201 N. Dodge St. Class E Liquor License for Econofoods #473, 1987 Broadway. Class C Liquor License for El Rancho Mexican Restaurant, 21 Sturgis Corner Dr. RES. 98-34, Bk. 119, p. 34, ISSUE DANCING PERMIT. Class B Beer Permit for Pizza Palace, 363 N.lst Ave. Setting Public Hearings: RES. 98-35, Bk. 119, p. 35, INTENT TO CONVEY A VACATED TWENTY FOOT (20') WIDE PORTION OF THE FORMER BENTON STREET RIGHT-OF-WAY BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE TO HENRY AND GRACE LINDER AND SETTING A PUBLIC HEARING FOR FEBRUARY 24. RES. 98-36, Bk. 119, p. 36, INTENT TO CONVEY VACATED Council Activities February 10, 1998 page 2 PORTIONS OF WATERFRONT DRIVE RIGHT-OF-WAY LOCATED NORTH OF STEVENS DRIVE AND IMMEDIATELY ADJACENT TO COUNTRY KITCHEN, CARLOS O'KELLY'S, CONTRACTOR'S TOOL AND SUPPLY AND ROBO CAR WASH TO THE OWNERS OF SAID ADJACENT PROPERTIES, AND SETTING A PUBLIC HEARING FOR FEBRUARY 24. RES. 98-37, Bk. 119, p. 37, SETTING A PUBLIC HEARING for February 24 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WILLOW CREEK INTERCEPTOR AND LATERAL SEWERS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 98-38, Bk. 119, p. 38, SETTING A PUBLIC HEARING for February 24 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 98-39, Bk. 119, p. 39, SETTING A PUBLIC HEARING for February 24 TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1998, THROUGH JUNE 30, 1999, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2002. Resolutions, Bk. 119: RES. 98-40, p. 40, PROVIDING NOTICE THAT AT LEAST NINETY-FIVE PERCENT (95%) OF THE WORK UNDER THE CONTRACT FOR CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS THE NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT, HAS BEEN COMPLETED AND THAT THE CITY INTENDS TO RELEASE FUNDS RETAINED PURSUANT TO CHAPTER 573, CODE OF IOWA. RES. 98-41, p. 41, PROVIDING NOTICE THAT AT LEAST NINETY-FIVE PERCENT (95%) OF THE WORK UNDER THE CONTRACT FOR THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD) [PROJECT NO. STP-U-3715(7)--70-52] HAS BEEN COMPLETED AND THAT THE CITY INTENDS TO RELEASE FUNDS RETAINED PURSUANT TO CHAPTER 573, CODE OF IOWA. RES. 98-42, p. 42, ACCEPTING WORK FOR THE MELROSE AVENUE WEST RECONSTRUCTION PROJECT, STP-U- 3715(6)--70-52. Correspondence: Mike Streb regarding proclamations. David Luck regarding police. Rod McCrea regarding parking tickets. G.V. Rosenkild regarding appreciation. SEATS users, Casey Hayse regarding SEATS. Bill Gorman, Jean Mann, Kohn Watson, Bob Welsh regarding paratransit service (SEATS). Chris Green regarding SEATS. Timothy Clancy regarding SEATS. Rod Sullivan (Arc of Johnson County) regarding SEATS. Richard Dolezal Council Activities February 10, 1998 page 3 regarding Oakland Cemetery. Richard Gibson (U of I Facilities Group) regarding Trail. JCCOG Traffic Engineering Planner regarding removal of parking on the south side of Haywood Drive. Civil Service Comm. submitting certified lists of applicants for the following position(s): Parking Enforcement Attendant. Johnson County SEATS response to paratransit memos. Johnson County Seats response to Iowa City's paratransit proposal and budget. Johnson County Board of Supervisors regarding SEATS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Casey Cook, appeared in support of extending the bike trail from Burlington Street to Napoleon Park. The following individuals appeared regarding SEATS: Michael Wayne Newman, 1447 Eastview Dr. (C); Rick McCaslin, rep. Rod Sullivan, Johnson County ARC; Maureen Howe; Leanne Mayhew; Tim Keller; Steve Singer, 260 Samoa Place; Louise Young, 320 S. Dubuque St.; Shannon Lundquist; Casey Hayse, 14 N. Dodge; Marilyn Belinart, 922 E. Jefferson; Bob Welsh, 84 Penfro; (Break) Tim Clancy, 302 S. Gilbert; and Becky Hoffbauer, 303 E. Preston (Stanwood). Moved by Kubby, seconded by Vanderhoef, to accept correspondence on the SEATS issue from: Casey Hayse; Keith Ruff; and Bob Welsh. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance vacating a portion of former Benton Street between Riverside Drive and the Iowa River which is adjacent to Linder Tire Service. No one appeared. Moved by Norton, seconded by Champion, that the ordinance vacating a portion of former Benton Street between Riverside Drive and the Iowa River which is adjacent to Linder Tire Service, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution approving revisions to the August 6, 1996, Fringe Area Agreement with Johnson County, which is part of the Iowa City Comprehensive Plan. PCD Director Franklin present for discussion. No one appeared. Moved by Kubby, seconded by O'Donnell, that the ordinance vacating .50 acres of Waterfront Drive, located south of Highway 6 and east of Gilbert Street, 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 O'Donnell, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article L, entitled "Provisional Uses and Special Exceptions," to provide for temporary use permits to allow short-term activities, such as special events or seasonal outdoor storage and sales, 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 Kubby, that the ordinance amending the Building Code and Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Council Activities February 10, 1998 page 4 Definitions," to change the definition of GRADE., 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 Norton, seconded by O'Donnell, to adopt RES. 98-43, Bk. 119, p. 43, APPROVING A PRELIMINARY AND FINAL PLAT OF RESUBDIVISION OF OUTLOT A, W.B. DEVELOPMENT, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to defer to February 24, a resolution approving a preliminary and final plat of Westport Plaza, Part Two. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the issuance of $9,180,000 of General Obligation Bonds. Bob Welsh, 84 Penfro, appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 98-44, Bk. 119, p. 44, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION ON THE ISSUANCE OF $9,180,000 GENERAL OBLIGATION BONDS (for a essential corporate purpose). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the issuance of not to exceed $620,000 of General Obligation Bonds. No one appeared. Moved by Vanderhoef, seconded by Norton, to adopt RES. 98-45, Bk. 119, p. 45, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION ON THE ISSUANCE OF NOT TO EXCEED $620,000 OF GENERAL OBLIGATION BONDS (for a general corporate purpose). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the issuance of not to exceed $700,000 of General Obligation Bonds. No one appeared. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-46, Bk. 119, p. 46, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (for a general corporate purpose). 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 Water Facility Site Development Phase I Improvement Project. PW Director Schmadeke present for discussion. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-47, Bk. 119, p. 47, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WATER FACILITY SITE DEVELOPMENT - PHASE I IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF Council Activities February 10, 1998 page 5 BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-48, Bk. 119, p. 48, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR THE MONTGOMERY-BUTLER HOUSE STABILIZATION PROJECT to D.W. Robinson Builder, Inc., for $22,692. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to adopt RES., 98-49, Bk. 119, p. 49, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY PHASE I IMPROVEMENTS PROJECT to Metro Pavers, Inc. for $2,357,399.75. PW Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 98-50, Bk. 119, p. 50, RENAMING A STREET LENZ COURT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Norton, to adopt RES. 98-51, Bk. 119, p. 51, TO ESTABLISH A FEE FOR FOUNDATION PERMITS ($75). Joan Tiemeyer, Home Builders Assn. appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 98-52, Bk. 119, p. 52, ESTABLISHING CONDITIONS FOR THE REMOVAL OF CITY BOARD AND COMMISSION MEMBERS FOR JUST CAUSE. City Atty. Dilkes present for 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, 2004. Broadband Telecomm. Corem. - one vacancy to fill a three-year term ending March 13, 2001. Civil Service Comm. - three vacancies to fill three terms: one two-year term ending April 3, 2000, one three-year term ending April 2, 2001, and one four-year term ending April 1, 2002. Design Review Comm. - one vacancy to fill an unexpired term for an architect ending July 1, 1998, in addition to three-year term ending July 1, 2001. Historic Preservation Comm. - two vacancies to fill three-year terms ending March 29, 2001: one Summit Street District rep and one At-Large rep. Housing and Community Development Comm. - one vacancy to fill an unexpired term ending September 1, 1998. These appointments will be made at the February 24 Council meeting. Animal Control Advisory Bd. - one vacancy to fill a three-year term ending April 5, 2001. This appointment will be made at the March 24 Council meeting. The Mayor noted the current vacancies: Broadband Telecomm. Comm. - one vacancy to fill an unexpired term ending March 13 1999. This appointment will be made at the March 24 Council meeting. Council Activities February 10, 1998 page 6 Council Member Norton reminded citizens of a presentation scheduled in Council Chambers on February 17 entitled "Back From The Brink/Saving America's Cities by Design"; thanked Adm. Asst. Handsaker and members of the Deer Management Committee for their efforts on controlling/managing the deer situation; asked for an update on his proposal for a police auxiliary; and questioned status on a report on landfill uses. The City Mgr. will follow-up on police auxiliary and landfill. Norton noted the letter from Mr. McCrea on the Consent Calendar and requested a follow-up on his concerns relating to parking tickets for rental cars. Council Member Vanderhoef noted a town meeting schedule for February 17 on race relations sponsored by the Human Rights Commission; and stated the movie "Back From The Brink" is owned by the City and individuals unable to view it on February 17 may contact the City's Planning Department for additional viewing times. Council Member Thornberry requested an update on the status of TCI's cable upgrade. Asst. City Mgr. Helling stated a memo would be prepared. Council Member Champion noted her enthusiasm with plans for the Downtown and Iowa Avenue Streetscape projects. Council Member Kubby stated she and fellow Council Member Norton would be meeting with the University Student Senate on February 17, and noted the upcoming fund-raiser for Arts Iowa City, an art auction on February 12. Mayor Lehman noted the special Council meetings scheduled for March 11 and 12 had been moved back to their original times of March 9 and 10; announced that Housing Adm. Grosvenor would be representing the City on the HACAP Board; reported on the assistance given a transit passenger who had fallen getting onto a City bus; reminded citizens of the Winter Carnival scheduled downtown on February 14; and reported on a meeting of bar and restaurant owners and City representatives and the formulation of committee to meet monthly to discuss their concerns. The City Mgr. reminded Council of Local Student Government Day schedule for February 12 when 24 high school students would be observing City services; and a special Council work session at 2:00 p.m. to discuss housing forum issues. City Atty. Dilkes reported that a draft kegger ordinance is being prepared and would be circulated to staff and then Council. Moved by Thornberry, seconded by Norton, to adjourn 9:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 1/27/98 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. The Mayor presented the Outstanding Student Awards to Mark Twain Elementary students: Emily Gill, Rachel Manuel, Ryan Niles. Moved and seconded 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 meeting of January 5 and January 12 and the regular meeting of January 13, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. December 11. Library Bd. of Trustees December 18. P&Z Comm. December 18, January 15. PCRB- January 7, January 8. Council approve 45-day extension of time to respond to Complaints No. 97-2 through 97-7. Permit Motions: Class E Liquor License for John's Grocery, 401 E. Market St. Class C Liquor License for Givanni's Italian Cafe, 109 E. College St. Class C Liquor License for Mike's Tap, 122 Wright St. Special Class C Liquor License for Zoey's Pizzeria, 1950 Lower Muscatine Rd. Class C Liquor License for Bo James, 118 E. Washington St. Class C Liquor License for R.T.'s, 826 S. Clinton St. Outdoor Service Area for R.T.'s, 826 S. Clinton St. RES. 98-16, ISSUE Official Council Actions January 27, 1998 page 2 CIGARETTE PERMITS. RES. 98-17, ISSUE DANCING PERMIT. Setting Public Hearings: RES. 98-18, SETTING A PUBLIC HEARING FEBRUARY 1 O, 1998 ON AN ORDINANCE VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE. RES. 98-19, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WATER FACILITY SITE DEVELOPMENT PHASE I IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 98-20, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,180,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-21, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $620,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-22, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Motions: Approve disbursements in the amount of $9,269,337.62 for the period of December 1 through December 31, Official Council Actions January 27, 1998 page 3 1997, as recommended by the Finance Director subject to audit. Resolutions: RES. 98-23, RESOLUTION NAMING DEPOSITORIES. RES. 98-24, ACCEPTING THE WORK FOR THE IOWA CITY LIBRARY ROOF REPLACEMENT PROJECT. RES. 98- 25, ACCEPTING THE WORK FOR THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT. RES. 98- 26, 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, FOR PROPERTY LOCATED AT 1714 DEFOREST STREET, IOWA CITY, IOWA. RES. 98- 27, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AMERUS BANK, CORALVILLE, FOR PROPERTY LOCATED AT 814 RUNDELL STREET, IOWA CITY, IOWA. RES. 98-28, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 2219 H STREET, IOWA CITY, IOWA. RES. 98-29, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 712 WALNUT STREET, IOWA CITY, IOWA. RES. 98-30, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE CONCERNING THE SUBDIVIDER'S OBLIGATIONS UNDER THE CONDITIONAL ZONING AGREEMENT AFFECTING LOT 23, Official Council Actions January 27, 1998 page 4 WEST SIDE PARK, IOWA CITY, IOWA AND TO EXECUTE AND ATTEST AN AGREEMENT REGARDING THE PRIVATE SANITARY SEWER SYSTEM FOR THE SAME PROPERTY. RES. 98- 31, DESIGNATING MAGGIE GROSVENOR AS PROJECT OFFICER FOR THE TENANT TO OWNERSHIP PROGRAM AND AUTHORIZING HER TO SIGN PURCHASE AGREEMENTS SUBJECT TO CITY COUNCIL APPROVAL. Correspondence: Michael Mcllrath regarding traffic. P&R Comm. regarding Parkland Acquisition Fund/Hotel-Motel Tax. Civil Service Commission submitting certified lists of applicants for the following position(s): Maintenance Worker II Forestry; Senior Maintenance Worker Forestry. Steve Singer regarding SEATS. The Mayor declared the motion carried. Danny Boal presented a petition signed by 274 individuals asking TCI to reconsider the removal of the Cartoon Network from their cable line-up. The following individuals appeared regarding SEATS: William Gorman, Systems Unlimited; Harold Steger; Leanne Mayhew, Coralville; Jeanette Ockenfels; Mary McCarthy, Coralville; Jean St. John; Nancy Ostrognai; Marilyn Belman; Loren Schmidt; Clara Northrup; John Watson, Goodwill Industries; Casey Hayse; Shannon Lundquist; Susan Thomas; Robert Simpson; Chris O'Hanlon; and Martha Yook. Moved and seconded to accept the petition from Danny Boal and SEATS correspondence from: William Gorman, Executive Director of Systems Unlimited, Inc. and Mary McCarthy. The Mayor declared the motion carried. Moved and seconded to set a public hearing for February 10 on a resolution approving revisions to the August 6, 1996, Fringe Area Agreement with Johnson County, which is part of the Iowa City Comprehensive Plan. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating .50 acres of Waterfront Official Council Actions January 27, 1998 page § Drive, located south of Highway 6 and east of Gilbert Street. Moved and seconded that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article L, entitled "Provisional Uses and Special Exceptions," to provide for temporary use permits to allow short-term activities, such as special events or seasonal outdoor storage and sales, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the Building Code and Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to change the definition of GRADE, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD 98-3822, AMENDING THE ZONING CHAPTER BY AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE B, "ZONING DEFINITIONS," SECTION 2, BY CHANGING THE DEFINITION OF TRANSIENT HOUSING TO INCREASE THE NUMBER OF DAYS PERSONS ARE ABLE TO STAY AS TEMPORARY RESIDENTS. Moved and seconded to defer to February 10, a resolution approving a preliminary and final plat of a resubdivision of Outlot A, WB Development. The Mayor declared the motion carried. Moved and seconded to adopt RES. 98-32, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WESTCOTT HEIGHTS, JOHNSON COUNTY, IOWA. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of the Water Main - Peninsula Property. Moved and seconded to adopt RES. 98-33, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER MAIN PENINSULA PROPERTY PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO Official Council Actions January 27, 1998 page 6 BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. The Mayor noted the current vacancies: Animal Control Advisory Bd. - one vacancy to fill a three-year term ending April 5, 2001. This appointment will be made at the March 12 Council meeting. The Mayor noted the previously- announced vacancies: Airport Comm. - one vacancy to fill a six-year term ending March 1, 2004; Broadband Telecomre. Comm. - one vacancy to fill a three-year term ending March 13, 2001; Civil Service Comm. three vacancies to fill three terms: one two-year term ending April 3, 2000, one three-year term ending April 2, 2001, and one four-year term ending April 1, 2002; Design Review Comm. one vacancy to fill an unexpired term for an architect ending July 1, 1998, in addition to three-year term ending July 1, 2001; Historic Preservation Comm. two vacancies to fill three-year terms ending March 29, 2001: one Summit Street District rep and one At-Large rep.; Housing & Community Development Comm. one vacancy to fill an unexpired term ending September 1, 1998. These appointments will be made at the February 24 Council meeting. Moved and seconded to adjourn 9:10 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/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk Submitted for publication 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 JANUARY 27, 1998 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Yucuis, Franklin, Schmadeke. Council minutes tape recorded on Tapes 98-1, Side 2; 98-13, Side 2; 98-18, Side 1. The Mayor presented the Outstanding Student Awards to Mark Twain Elementary students: Emily Gill, Rachel Manuel, Ryan Niles. Moved by Norton, seconded by Thornberry, 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 meeting of January 5 and January 12 and the regular meeting of January 13, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - December 11. Library Bd. of Trustees - December 18. P&Z Comm. - December 18, January 15. PCRB -January 7, January 8. Council approve 45-day extension of time to respond to Complaints No. 97-2 through 97-7. Permit Motions: Class E Liquor License for John's Grocery, 401 E. Market St. Class C Liquor License for Givanni's Italian Cafe, 109 E. College St. Class C Liquor License for Mike's Place, Inc., dba Mike's Tap, 122 Wright St. Special Class C Liquor License for Zoey's Pizzeria, 1950 Lower Muscatine Rd. Class C Liquor License for Bo James, 118 E. Washington St. Class C Liquor License for R.T.'s, 826 S. Clinton St. Outdoor Service Area for R.T.'s, 826 S. Clinton St. RES. 98-16, Bk. 119, p. 16, ISSUE CIGARETTE PERMITS. RES. 98-17, Bk. 119, p. 17, ISSUE DANCING PERMIT. Setting Public Hearings: RES. 98-18, Bk. 119, p. 18, SETTING A PUBLIC HEARING FOR FEBRUARY 10, 1998 ON AN ORDINANCE VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE. RES. 98-19, Bk. 119, p. 19, SETTING A PUBLIC HEARING for February 10 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WATER FACILITY SITE DEVELOPMENT PHASE I IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 98-20, Bk. 119, p. 20, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,180,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, Council Activities January 27, 1998 page 2 IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98- 21, Bk. 119, p. 21, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $620,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-22, Bk. 119, p. 22, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Motions: Approve disbursements in the amount of $9,269,337.62 for the period of December 1 through December 31, 1997, as recommended by the Finance Director subject to audit. Resolutions, Bk. 119: RES. 98-23, p. 23, RESOLUTION NAMING DEPOSITORIES. RES. 98-24, p. 24, ACCEPTING THE WORK FOR THE IOWA CITY LIBRARY ROOF REPLACEMENT PROJECT. RES. 98-25, p. 25, ACCEPTING THE WORK FOR THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT. RES. 98-26, p. 26, 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, FOR PROPERTY LOCATED AT 1714 DEFOREST STREET, IOWA CITY, IOWA. RES. 98-27, p. 27, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AMERUS BANK, CORALVILLE, FOR PROPERTY LOCATED AT 814 RUNDELL STREET, IOWA CITY, IOWA. RES. 98-28, p. 28, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 2219 H STREET, IOWA CITY, IOWA. RES. 98-29, p. 29, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 712 WALNUT STREET, IOWA CITY, IOWA. RES. 98-30, p. 30, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE CONCERNING THE SUBDIVIDER'S OBLIGATIONS UNDER THE CONDITIONAL ZONING AGREEMENT AFFECTING LOT 23, WEST SIDE PARK, IOWA CITY, IOWA AND TO EXECUTE AND ATTEST AN AGREEMENT REGARDING THE PRIVATE SANITARY SEWER SYSTEM FOR THE SAME PROPERTY. RES. 98-31, p. 31, DESIGNATING MAGGIE GROSVENOR AS PROJECT OFFICER FOR THE TENANT TO OWNERSHIP PROGRAM AND AUTHORIZING HER TO SIGN PURCHASE AGREEMENTS SUBJECT TO CITY COUNCIL APPROVAL. Council Activities January 27, 1998 page 3 Correspondence: Michael Mcllrath regarding traffic. P&R Comm. regarding Parkland Acquisition Fund/Hotel-Motel Tax. Civil Service Commission submitting certified lists of applicants for the following position(s): Maintenance Worker II - Forestry; Senior Maintenance Worker - Forestry. Steve Singer regarding SEATS. Finance Director Yucuis present for discussion of the General Obligation Bonds. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Danny Boal presented a petition signed by 274 individuals asking TCI to reconsider the removal of the Cartoon Network from their cable line-up. The Mayor asked that staff forward the petition to TCI for a response. The following individuals appeared regarding SEATS: William Gorman, Systems Unlimited; Harold Steger; Leanne Mayhew, Coralville; Jeanette Ockenfels; Mary McCarthy, Coralville; Jean St. John; Nancy Ostrognai; Marilyn Belman; Loren Schmidt; Clara Northrup; John Watson, Goodwill Industries; Casey Hayse; Shannon Lundquist; Susan Thomas; Robert Simpson; Chris O'Hanlon; and Martha Yook. Moved by Thornberry, seconded by O'Donnell, to accept the petition from Danny Boal and SEATS correspondence from: William Gorman, Executive Director of Systems Unlimited, Inc. and Mary McCarthy. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by O'Donnell, to set a public hearing for February 10 on a resolution approving revisions to the August 6, 1996, Fringe Area Agreement with Johnson County, which is part of the Iowa City Comprehensive Plan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance vacating .50 acres of Waterfront Drive, located south of Highway 6 and east of Gilbert Street. No one appeared. Moved by Thornberry, seconded by Norton, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article L, entitled "Provisional Uses and Special Exceptions," to provide for temporary use permits to allow short-term activities, such as special events or seasonal outdoor storage and sales, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, that the ordinance amending the Building Code and Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to change the definition of GRADE, be given first vote for consideration. PCD Director Franklin 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 Vanderhoef, to adopt ORD 98-3822, Bk. 41, p. 60, AMENDING THE ZONING CHAPTER BY AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE B, "ZONING DEFINITIONS," SECTION 2, BY CHANGING THE DEFINITION OF TRANSIENT HOUSING TO INCREASE THE NUMBER OF DAYS Council Activities January 27, 1998 page 4 PERSONS ARE ABLE TO STAY AS TEMPORARY RESIDENTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, to defer to February 10, a resolution approving a preliminary and final plat of a resubdivision of Outlot A, WB Development. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-32, Bk. 119, p. 32, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WESTCOTT HEIGHTS, JOHNSON COUNTY, IOWA. PCD Director Franklin 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 a resolution approving plans, specifications, form of contract, and estimate of cost for construction of 'the Water Main - Peninsula Property. No one appeared. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-33, Bk. 119, p. 33, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER MAIN - PENINSULA PROPERTY 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. Affirmative roll call vote unanimous, 7/0, all' Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Animal Control Advisory Bd. - one vacancy to fill a three-year term ending April 5, 2001. This appointment will be made at the March 12 Council meeting. The Mayor noted the previously-announced vacancies: Airport Comm. - one vacancy to fill a six-year term ending March 1, 2004; Broadband Telecomm. Comm. - one vacancy to fill a three-year term ending March 13, 2001; Civil Service Comm. - three vacancies to fill three terms: one two-year term ending April 3, 2000, one three-year term ending April 2, 2001, and one four-year term ending April 1, 2002; Design Review Comm. - one vacancy to fill an unexpired term for an architect ending July 1, 1998, in addition to three-year term ending July 1, 2001; Historic Preservation Comm. - two vacancies to fill three-year terms ending March 29, 2001: one Summit Street District rep and one At-Large rep.; Housing & Community Development Comm. - one vacancy to fill an unexpired term ending September 1, 1998. These appointments will be made at the February 24 Council meeting. Council Member Kubby reminded citizens of a social change training entitled "What Do We Do Next: Organizational Planning" being sponsored by the Women's Resource and Action Center on February 16. She noted the Press Citizen of January 24 asking for citizen input on "run-ins with local government that leave a bad taste" and contacted Michael Beck, Managing Editor, stating it was inciting Council Activities January 27, 1998 page 5 public government bashing. She reported that Mr. Beck indicated that was not their intention and offered to re-run the story encouraging stories on all government interactions, good and bad. Kubby urged citizens to send stories on positive interactions and the good services provided. Council Member Champion agreed with Kubby on her anger with the same article. Council Member O'Donnell stated there was a lot of misinformation on the proposal for the City to provide SEATS service, and stated that it was the intention of Council to provide the same good service or better, but not reduce the level of service. Council Member Thornberry requested Council schedule discussion of the Neighborhood Commercial basement square footage requirements and the impact on businesses. Council Member Vanderhoef stated she had received a phone call from someone unable to use City transit during the winter months because of problems with sidewalks. The City Manager requested that he be furnished addresses and would follow-up with Council. Vanderhoef requested that Council look into a policy for City meeting room usage. Council Member Norton noted the memo from Civil Engr. Winstead regarding railroad crossings and wanted to reassurance citizens that some are scheduled for reconstruction in 1998. Mayor Lehman stated a discussion had been scheduled with County and City staff, and representatives of the Board of Supervisors and City Council concerning SEATS. He also requested an update on the kegger ordinance proposed last year. Staff will follow-up. City Manager Atkins reported that the downtown shuttle was averaging 1200 people a day and an onboard survey was recently conducted with information to be provided to Council in the near future. The City Mgr. also announced that the City would be participating in City Government Day with students from West and City High Schools on February 12. Moved by Kubby, seconded by O'Donnell, to adjourn 9:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk