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HomeMy WebLinkAbout1997-12-09 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 DECEMBER 9, 1997 Iowa City City Council, special 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: Atkins, Helling, Holecek, Karr, Franklin, Kugler, Yucuis. Council minutes tape recorded on Tapes 97-164, Both Sides; 97-165, Side 1. The Mayor proclaimed: City High Little Hawks Boys Cross Country Recognition Day - December 10, Coach Maresh and the Cross Country team accepted; West High Trojans Girls Cross Country Team Recognition Day December 11, Coach Parker and the Cross Country team accepted; Regina Regals Boys Cross Country Team Recognition Day - December 12, Coach Brown and the Cross Country team accepted. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Kelsey Colbert, Shannon Triplett, and Eric Wilke. The Mayor proclaimed: Human Rights Recognition Day - December 10, Katy Hansen, United Nations Association accepted; Drunk and Drugged Driving Prevention Month - December, Lights on for Life Day - December 19, Lifesavers' Weekend - December 19-21, Lisa Stephens of MECCA accepted. Moved by Lehman, seconded by Vanderhoef, 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 November 11 and the regular meeting of November 18, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Bd. - September 18; Design Review Comm. ~ November 17; Historic Preservation Comm. - October 23; Historic Preservation Comm. - November 4, November 10; Airport Comm. - October 16; Bd. of Adjustment - November 12; Bd. of Appeals - September 15. Revise the definition of grade as proposed by staff, noting that the amendment applies only to artificially-raised grade used to determine the height of the building. P&R Comm. November 12; P&Z Comm. - November 6, November 20; PCRB - November 19; Riverfront & Natural Areas Comm. - October 15; Rules Comm. - November 20. Bd. of Appeals - 10/6/97. Retain the wording of the local amendment to Section 904.2.8 of the Uniform Building Code which requires fire sprinklers in residential structures with three or more levels of residential occupancy and to return to the wording of the national code which requires fire sprinklers in residential structures with three or more levels of Council Activities December 9, 1997 page 2 residential occupancy and to return to the wording of the national code which requires fire sprinklers in residential structures containing sixteen or more dwelling units. Permit Motions: Class C Liquor License for Gabe's, 330 E. Washington St. Outdoor Service Area for Gabe's, 330 E. Washington St. Class C Liquor License for Sanctuary Restaurant, 405 S. Gilbert St. Class C Liquor License for Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront. Class B Beer Permit for Pizza Hut #402005, 1921 Keokuk St. RES. 97-387, Bk. 118, p. 387, ISSUE DANCING PERMIT. Setting Public Hearings: Setting a public hearing for December 16 on plans, specifications, form of contract, and estimate of cost for stabilization of the Montgomery-Butler house, located on the west side of N. Dubuque Street and south of the Iowa River, directing the City Clerk to publish notice of said hearing, and directing the Director of Planning and Community Development to place said plans on file for public inspection. Motions: Approve disbursements in the amount of $10,456,774.67 for the period of October 1 through October 31, 1997, as recommended by the Finance Director subject to audit. Resolutions, Bk. 118: RES. 97-388, p. 388, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT 920 SEVENTH AVENUE SOUTH, IOWA CITY, IOWA. RES. 97-389, Bk. 118, p. 389, ACCEPTING THE WORK FOR THE WYLDE GREEN ROAD SANITARY SEWER PROJECT. RES. 97-390, p. 390, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT (PROJECT NO. BRM-3715(5)--8N-52). RES. 97-391, p. 391, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION PROJECT. RES. 97-392, p. 392, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT WITH BUNCHER CO. FOR PROPERTY LOCATED AT HEINZ ROAD AND HIGHWAY 6. RES. 97-393, p. 393, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DRAINAGE EASEMENT AGREEMENT WITH JIM AND ANNE MURRAY FOR PROPERTY LOCATED AT 2007 WATERFRONT DRIVE, IOWA CITY, IOWA. RES. 97-394, p. 394, APPROVING THE BY-LAWS OF THE POLICE CITIZEN'S REVIEW BOARD. RES. 97-395, p. 395, APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, A MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT; THE IOWA STATE HISTORIC PRESERVATION OFFICER; AND THE CITY OF IOWA CITY, IOWA; REGARDING CONSTRUCTION METHODS FOR THE IOWA RIVER POWER DAM IMPROVEMENTS TO TAKE INTO CONSIDERATION THE EFFECT OF THE CONSTRUCTION ON THE IOWA RIVER POWER DAM. RES. 97-396, p. 396, AUTHORIZING THE Council Activities December 9, 1997 page 3 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER DETENTION BASIN EASEMENT AGREEMENT WITH STERLING HOUSE CORPORATION FOR PROPERTY LOCATED AT SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD. RES. 97-397, p. 397, APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, A MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT; THE IOWA STATE HISTORIC PRESERVATION OFFICER; AND THE CITY OF IOWA CITY, IOWA; REGARDING THE IOWA CITY WATER FACILITY IMPROVEMENTS AND PROPERTY PURCHASED UNDER THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AS SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CFR 800.6(a). Correspondence: Judy Pfohl, Neighborhood Council of Iowa City, regarding open space. Kathy Kasson and Karlyn Larson regarding the downtown tree. Bob Kemp regarding fountain sign. Brian Forrest, KRUI, regarding invitation for Face-Off. Allison McNeese regarding Hickory Hill Park. JCCOG Traffic Engineering Planner: (a) Lane Designation at Intersection of Iowa Avenue and Madison Street. Civil Service Comm. submitting certified lists of applicants for the following position(s):(a) Maintenance Worker I Towing; (b) Maintenance Worker I - Transit; (¢) Parking Cashier. Use of City Plaza, approved: Deirdre Castle, Holiday Kick-Off November 23 - December 31. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearing as set. Alberto Abreu, Council on the Status of Latino, 826 Rider St., thanked Council for their letter to TCI urging them to seek other alternatives to the partial removal of Univision, thanked staff for their assistance and urged Council to hold TCI accountable. Asst. City Mgr. Helling present for discussion. John-Paul (Chaisson), Commissioner of Latino Affairs/Department of Human Rights, introduced himself, encouraged Council to contact him with questions, and re- emphasized the importance of Univision to the area. A public hearing was held on a resolution approving the annexation of a 2.59 acre tract located at 31 51 Highway 6 East (Moose). No one appeared. Moved by Kubby, seconded by Norton, to continue to December 1 6, a public hearing on an ordinance amending the Zoning Chapter by changing the zoning designation for a five acre tract located at 3151 Highway 6 East from County Rural (A1) (2.59 acres) and Rural Residential (RR-1) (2.41 acres) to RM-20, Medium Density Multi-Family Residential (Moose). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance 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. No one appeared. Council Activities December 9, 1997 page 4 A public hearing was held on a resolution adopting the Comprehensive Plan, including the South District Plan. The Mayor noted proposed Council amendments as presented in PCD Director Franklin's memo of December 9. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from Harry Wolf, Southgate Development. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. No one appeared. Moved by Thornberry, seconded by Norton, to adopt RES. 97-398, Bk. 118, p. 398, ADOPTING THE 1997 COMPREHENSIVE PLAN INCLUDING THE SOUTH DISTRICT PLAN, as amended. Individual Council Members expressed their views. Council noted the staff and committee efforts involved in the Plan. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Norton, that the ordinance amending the Zoning Ordinance by changing the use regulations of a 2.81 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue, from County CP-1, Planned Commercial, to C1-1, Intensive Commercial (Miller), 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 Thornberry, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 97-3812, Bk. 40, p. 50, AMENDING THE APPROVED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR LOT 53 OF WALDEN HILLS, LOCATED IN THE OSA-8, SENSITIVE AREAS OVERLAY ZONE, AT THE NORTHWEST CORNER OF ROHRET ROAD AND SHANNON DRIVE, TO ALLOW A 120-UNIT HOUSING FACILITY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Lehman, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Lehman, seconded by Vanderhoef, to accept correspondence from Bob Burns, General Partner Iowa City IHA Senior Housing Limited Partnership. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 97-3813, Bk. 40, p. 51, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 0.87 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF WESTSIDE DRIVE, SOUTH OF EARL ROAD, FROM RM-12, LOW DENSITY MULTI-FAMILY RESIDENTIAL, AND C1-1, INTENSIVE COMMERCIAL, TO CO-1, COMMERCIAL OFFICE, 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 Council Activities December 9, 1997 page 5 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 Norton, seconded by Lehman, to accept correspondence from John Moreland, Smith-Moreland Construction. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 97-399, Bk. 118, p. 399, APPROVING PRELIMINARY AND FINAL PLAT OF HIGHLANDER DEVELOPMENT, SECOND ADDITION, 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 Thornberry, to adopt RES. 97-400, Bk. 118, p. 400, APPROVING PRELIMINARY AND FINAL PLAT OF M & W ADDITION, IOWA CITY, IOWA. The following individuals appeared: Cecile Kuenzli; Historic Preservation Commission Chairman John Shaw, presented a statement from the Commission urging RS-5 zoning for future development in the area; Ruedi Kuenzli, Historic Preservation Commission Member for Summit St.; and Margaret Felling, Co-chair of Longfellow Neighborhood Assn. PCD Director Franklin and Acting City Atty. Holecek present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Lehman, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 97-3814, Bk. 40, p. 52, AMENDING TITLE 2, OF THE CITY CODE, THE HUMAN RIGHTS ORDINANCE OF THE CITY OF IOWA CITY, IOWA, TO ALLOW FOR ADMINISTRATIVE CLOSURES OF HUMAN RIGHTS COMPLAINTS THAT DO NOT WARRANT FURTHER INVESTIGATION, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. Nays: Kubby. Absent: None. Moved by Thornberry, seconded by Lehman, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Norton, seconded by Kubby, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase wastewater service charges and fees in Iowa City, Iowa, be given second vote for consideration. Finance Director Yucuis present for discussion. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Thornberry, to accept correspondence from Bruce Glasgow. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Norton, that the ordinance amending Title 3, "City Finances, Taxation, and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties" of the City Code, to increase water service charges Council Activities December 9, 1997 page 6 and fees in Iowa City, Iowa, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Lehman, seconded by Vanderhoef, that the ordinance amending Title 3, "City Finances, Taxation and fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and penalties" of the City Code, to add a delinquency charge of five percent to solid waste, be given second vote for consideration. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Baker, Lehman, Norton, Novick, Thornberry. Nays: Kubby. Absent: None. Moved by Lehman, seconded by Thornberry, that the ordinance amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," Subsection 6, entitled "Billing and Collection Procedures; Delinquent Accounts" of the City Code to authorize a delinquency charge when the account is considered delinquent, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Lehman, seconded by Vanderhoef, to adopt ORD. 97-3815, Bk. 40, p. 53, AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS"; CHAPTER 7, ENTITLED "WEAPONS", TO PROHIBIT THE USE OF BOWS, ARROWS AND CROSSBOWS WITHIN CITY LIMITS. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Baker. Absent: Nay. Absent: None. Moved by Thornberry, seconded by Norton, to adopt RES. 97-401, Bk. 118, p. 401, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97 PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY (to December 31, 1997). 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. 97-402, Bk. 118, p. 402, RESOLUTION NAMING DEPOSITORIES. Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Norton, to adopt RES. 97-403, Bk. 118, p. 403, APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO THE SOUTH CLINTON STREE'I- STREETSCAPE AND FACADE OF OLD CAPITOL MALL, PHASE II. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Human Rights Comm. - one vacancy to fill an unexpired term ending January 1, 2000. This appointment will be made at the January 13 Council meeting. The Mayor noted the previously announced vacancies: Airport Comm. - one vacancy to fill an unexpired term ending March 1, 2003. This appointment will be made at the December 16 Council meeting. Council Activities December 9, 1997 page 7 Moved by Norton, seconded by Kubby, to appoint: Kevin Hanick (2 year), 1830 Friendship St. and Deborah Galbraith (1 Year), 1342 Oxford Place, as community representatives and Nancy Purington (3 year), 1706 Prairie du Chien Rd., and Lesley Wright (2 year), 402 Myrtle Ave., as art professionals on the Public Art Advisory Comm. all beginning January 1, 1998; appoint Tara Cronbaugh, 2314 Abbey Lane, to the Design Review Comm. to fill an unexpired term ending July 1, 1999, for a Business or Property Owner from the Central Business District or Near Southside Neighborhood. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman to defer to December 16 an appointment to the Bd. of Adjustment, to fill a five-year term ending January 1, 2003. The Mayor declared the motion carried, 7/0, all Council Members present. Council Member Norton stated he had a number of items to discuss with the City Manager including the Dodge Street Bridge and would meet with him privately. Council Member Lehman noted the lights in the alleys and stated it was an improvement; acknowledged the success of the free shuttle bus; and stated all Coralville and Iowa City buses would be free on Saturdays during December. Council Member Vanderhoef requested information on CAMBUS ridership on the North Side. Staff will follow-up. Council Member Vanderhoef reported on a workshop she attended on the public art program in Philadelphia while attending a recent National League of Cities meeting. Council Member Baker stated that due to scheduling conflicts he would be unable to attend the Council meeting of December 15 and 16 and therefore this would be his last meeting. Baker thanked staff, community leaders, and family for their support. Mayor Novick thanked Council Member Baker for his work. Acting City Atty. Holecek updated Council on City Atty. Dilkes and her new son, Joey. Moved by Kubby, seconded by Lehman, to adjourn 9:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Marian K. Karr, City Clerk Naorbi J. ~i'ovic~, Mayor 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 publications is $ OFFICIAL COUNCIL ACTIONS - 11/11/97 Iowa City City Council, special meeting, 7:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented and to delete items: 2d(2) a resolution setting a public hearing on plans, specifications, form of contract, and estimate of cost for construction of the Captain Irish Parkway Phase I Improvements Project; and 2d(3) a resolution setting a public hearing on plans, specifications, form of contract, and estimate of cost for construction of the Water Facility Improvements - Water Main Phase II Project: Approval of Official Council Actions of the special meetings of October 16, October 30, and the regular meeting of October 21, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - September 11. Historic Preservation Comm. - October 14. PCRB - October 10. Sr. Center Comm. September 24. Housing & Community Development Comm. - September 18. Bd. of Library Trustees - September 25, October 14. Bd. of Adjustment - October 8. P&Z Comm. - October 16. Broadband Telecomm. Comm. - September 22. Riverfront & Natural Areas Comm. - October 15. Human Rights Comm. - September 22, October 27. A public hearing be set on the administrative closure Official Council Actions November 11, 1997 page 2 revisions to the Iowa City Human Rights Ordinance. Permit Motions: Approving a Class C Beer Permit for Fareway Stores, Inc., 2530 Westwinds Dr. Approving a Class E Beer Permit for Eagle Food Center #157, 600 N. Dodge St. Approving a Class E Beer Permit for Eagle Food Center #220, 11 Highway 1 West. Approving a Class E Beer Permit for ExpresStop, 2545 N. Dodge St. RES. 97-371, ISSUE CIGARETTE PERMIT. Setting Public Hearings: Setting a public hearing for November 18 on the proposed ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa, to allow for administrative closures of human rights complaints that do not warrant further investigation. Resolutions: RES. 97-372, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST NATIONAL BANK, IOWA CITY, FOR PROPERTY LOCATED AT 3351 WINTERGREEN DRIVE AND 1804 HANNAH JO COURT, IOWA CITY, IOWA. RES. 97-373, APPROVING THE THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE ASSISTED HOUSING RISK MANAGEMENT ASSOCIATION (AHRMA). RES. 97-374, ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENT FOR LOTS 1 AND 2 OF BLOCK 7 BRAVERMAN CENTER. RES. 97-375, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE IOWA CITY PARKING RAMPS FACILITY UPGRADES TO THE CAPITOL AND DUBUQUE STREET RAMPS PROJECT. RES. 97-376, APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR STATE OF IOWA HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM Official Council Actions November 11, 1997 page 3 FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SAME. Correspondence: Charles & Margaret Felling regarding Neighborhood Council. Rory Fisher regarding snow removal. Grace Trifaro regarding deer management. JCCOG Traffic Engineering Planner: (a) Repeal of Parking Prohibition on East Side of Benton Court; (b) Lane Designation at Burlington Street and Governor Street Intersection; (c) Two Hour Parking on the North Side of the 100 Block of E. Lafayette Street; (d) Lane Designation Modification at Intersection of Highway 6, Highway 1, and Highway 921. Civil Service Commission submitting certified lists of applicants for the following position(s): Scalehouse Operator. Use of City Plaza, all approved: Kit Murray (WRAC distribute literature) - October 23. Andrea Slocum (rally against legalization of death penalty) - October 21. Ray Parsons (Socialist Workers Party distribute literature) October 23 Use of City Streets & Public Grounds, approved: Patrick Abildtrup (U of I Homecoming Parade) - October 24. Jenny Schulz (Equal Justice Foundation 5K Walk/Run) - October 26. Use of City Plaza, approved: Carolyn Mart (United Nations Association distribute literature) - November 7. The Mayor declared the motion carried. Candida Maurer, 627 Bradley, thanked the voters for delaying the extension of First Avenue at the November 4 election and requested information on the formation of a task force to study the area. Derek Maurer, 32_8 S. Governor, questioned the status of construction of the Captain Irish Parkway as a result of the delay of First Avenue. Bennett Brown, 802 E. Washington, congratulated individuals involved in the last City election and outlined possible directions the community may go as a result of the delay in extending First Avenue. Official Council Actions November 11, 1997 page 4 A public hearing was held on an ordinance amending the approved Sensitive Areas Development Plan for Walden Hills to allow the development of 120 dwelling units on Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay zone at the northwest corner of Rohret Road and Shannon Drive. Bob Burns, developer and owner, appeared. A public hearing was held on a resolution approving the annexation of a 2.81 acre tract located southeast of the intersection of Iowa Highway 1 and Naples Avenue. Moved and seconded to continue to November 18, a public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations of a 2.81 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue, from County CP-1, Planned Commercial, to C1-1, Intensive Commercial. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of a 0.87 acre tract, located on the east side of West Side Drive and south of Earl Road, from RM-12, Low Density Multi-Family Residential and CI- 1, Intensive Commercial, to C0-1, Commercial Office. Developer John Moreland appeared. A public hearing was held on a resolution adopting the Comprehensive Plan, including the South District Plan. Derek Maurer, 328 S. Governor, and Harry Wolf, Southgate Development, appeared. Moved and seconded to continue to November 18, a public hearing on a resolution adopting the Comprehensive Plan, including the South District Plan. The Mayor declared the motion carried. Moved and seconded to defer to December 9, a resolution adopting the Comprehensive Plan, including the South District Plan. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-377, APPROVING THE PRELIMINARY AND FINAL PLAT RESUBDIVISION OF LOT 1 AND A PORTION OF LOT 2, WEST SIDE PARK IOWA CITY, IOWA. Developer John Moreland appeared. Official Council Actions November 11, 1997 page 5 Moved and seconded to submit a letter to the Johnson County Board of Supervisors recommending approval of an application to rezone approximately 23 acres located at the southwest corner of Dane Road and Osage Street from Rural (A1) to Suburban Residential (RS-5). The Mayor declared the motion carried. The following individuals appeared regarding TCI and the removal of channel 99, the Spanish speaking channel from the line- up: Jose Alberto Abreu, 826 Rider St. and Altair Juarez, 669 Hawkeye Ct. A public hearing was held on a resolution approving plans, specifications, form of contract and estimate of cost for construction of the WooIf Avenue Bridge Reconstruction Project. Moved and seconded to adopt RES. 97-378, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WOOLF AVENUE BRIDGE RECONSTRUCTION PROJECT [PROJECT NO. BRM-3715(4)--8N-52] AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. A public hearing was held on four ordinances proposing fee and language changes for water and wastewater. Gary Sanders appeared. Moved and seconded to accept the form of tax exemption certificate pertaining to the $5,540,000 General Obligation Bonds. The Mayor declared the motion carried. Moved and seconded to accept the form of continuing disclosure certificate pertaining to the $5,540,000 General Obligation Bonds. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-379, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons," to prohibit the use of bows, arrows and crossbows within the city, be given first vote for consideration. Moved and seconded to amend the ordinance by replacing the words "at a stationary target" and replacing them with "at an inanimate target". The Mayor Official Council Actions November 11, 1997 page 6 declared the motion to amend carried. The Mayor declared the motion carried on first consideration of the ordinance. Moved and seconded to adopt RES. 97-380, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97 PARATRANSlT SERVICE BETWEEN THE CITY AND JOHNSON COUNTY. Moved and seconded to adopt RES. 97-381, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK 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 RIVER STREET RECONSTRUCTION PROJECT. The Mayor announced the current vacancies: Airport Comm. - one vacancy to fill an unexpired term ending March 1, 2003. This appointment will be made at the December 16 Council meeting. The Mayor announced the previously announced vacancies: Public Art Advisory Comm. - four vacancies; one to fill a one-year term, two to fill two-year terms, and one to fill a three-year term all beginning January 1, 1998. These appointments will be made at the December 9 Council meeting. Moved and seconded to appoint the following individuals: Bd. of Appeals re-appoint John Roffman, 1314 Burry Dr. and Gary Haman, 2703 Brookside Dr. to five-year terms ending December 31, 2002. Bd. of Library Trustees appoint Linda Dellsperger, 227 Magowan Ave., to fill an unexpired term ending July 1, 2003. Human Rights Comm. re- appoint Diane Martin, 152 N. Westminister, and Joan Jehle, 1167 E. Jefferson, and appoint Arthur Vincent, 17 S. Governor #9, to fill three-year terms ending January 1, 2001. P&R Comm. - re-appoint Bruce Maurer, 805 Willow St:, and Barbara Endel, 1404 Buresh Ave., to fill four- year terms ending January 1, 2002. Riverfront & Natural Areas Comm. - re-appoint Courthey Daniels, Official Council Actions November 11, 1997 page 7 53 Amhurst St., and appoint Dan Mascal, 934 Talwrn Ct. and Lynn Rose, 1816 Muscatine Ave. to fill three-year terms ending December 31, 2000. Sr. Center Comm. - re-appoint Chevalier Monsanto, 2262 Hickory Ct., and appoint Deborah Schoenfelder, 1517 Burns Ave., to fill three-year terms ending December 31, 2_000. The Mayor declared the motion carried. The Mayor noted that the following vacancies would be re-advertised and appointed on December 9: Bd. of Adjustment one vacancy for a five-year term ending January 1, 2003; Design Review Comm. one vacancy for a Business or Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1999. Moved and seconded to adjourn 9:15 p.m. The Mayor declared the motion carried. A more complete description is on file in the office of the City Clerk. s/Naomi J. Novick, Mayor Submitte~ for publication'- 11/19/97 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 - 11/18/97 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: Baker. The Mayor presented the Outstanding Student Citizenship Awards to Roosevelt Elementary: Emma Meurice. Emma's friends (Rachel Yucuis, Emily Molof, Jarod Johnson and Supervising Teacher Mrs. Kathy Jepson) from Roosevelt Elementary accepted. Emma was hit by a car and killed on June 28. The Mayor proclaimed World AIDS Day December 1, Linda Yanney, Free Medical Clinic, and Chuck Dufano, Johnson County Public Health Dept. accepted; December 1-7, Steve Yardley, Beth Hill, Pam Emerson, rep. Make A Wish Foundation accepted. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Minutes of Boards & Commissions: Design Review Comm. - October 20. Riverfront & Natural Areas Comm. - September 17. P&R Comm.- October 9. PCRB - October 22, November 6. Adopt by-laws and forward to City Council for approval. Forward copy of PCRB Report on Complaint 97-1 to City Council, Complainant, Police Officer, Chief of Police and City Manager. Permit Motions: Class C Liquor License for Pagliai's Pizza Palace, 302 E. Bloomington St. Class C liquor License for Ground Round, 830 S. Riverside Dr. Special Class C Liquor License for India Cafe, 227 E. Washington St. Outdoor Service Area Official Council Actions November 18, 1997 page 2 for Jimmy's Brick Oven Cafe, 749 Mormon Trek Blvd. Motions: Approving abstract of Election for City Council election of November 4, 1997. Resolutions: RES. 97-382, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LOAN OF THE PROPERTY LOCATED AT 509 SOUTH LINN STREET, IOWA CITY, IOWA. RES. 97-383 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LOAN OF THE PROPERTY LOCATED AT 412 NORTH DUBUQUE STREET, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding: (a) Modification of Bus Loading Zones for the Downtown Transit Shuttle. Use of City Streets and Public Grounds, approved: Steven Breese (Jingle Bell Fun Run and Walk) - December 6. The Mayor declared the motion carried. Rene Paine, Public Access Television Director, updated Council on programs and invited citizens to the annual Board meeting on November 20. Robert Kemp, 1122 Estron St., appeared and urged Council to preserve some interactive downtown fountain. Diana Henry, Weber Elementary School, noted Geography Awareness Week and outlined displays and activities planned. Moved and seconded to set a public hearing for December 9 on a resolution approving the annexation of a 2.59 acre tract located at 4575 Hi9hway 6 SE. The Mayor declared the motion carried. Moved and seconded to set a public hearing for December 9 on an ordinance amending the Zoning Chapter by changing the zoning designation for a five acre tract located at 4575 Highway 6 SE from County Rural (A1) (2.59 acres) and Rural Residential (RR-1) (2.41 acres) to RM-20, Medium Density Multi-Family Residential The Mayor declared the motion carried. Moved and seconded to set a public hearing for December 9 on an ordinance amending the Zoning Chapter by amending Official Council Actions November 18, 1997 page 3 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. The Mayor declared the motion carried. Moved and seconded to continue a public hearing on the Comprehensive Plan, including the South District Plan. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-384, APPROVING THE ANNEXATION OF APPROXIMATELY 3.37 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF IOWA HIGHWAY I AND NAPLES AVENUE. A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of a 3.37 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue. No one appeared. Moved and seconded that the ordinance amending the Zoning Ordinance by changing the use regulations of a 3.37 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue, from County CP-1, Planned Commercial, to C1-1, Intensive Commercial, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the approved Sensitive Areas Development Plan for Walden Hills to allow the development of 120 dwelling units on Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay zone at the northwest corner of Rohret Road and Shannon Drive, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the Zoning Ordinance by changing the use regulations of a 0.87 acre tract, located on the east side of West Side Drive and south of Earl Road, from RM-12, Low Density Multi-Family Residential and CI- 1, Intensive Commercial, to CO-1, Commercial Office, be given first vote for consideration. The Mayor declared the motion carried. A public hearing was held on the ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa to allow for administrative Official Council Actions November 18, 1997 page 4 closures of human rights complaints that do not warrant further investigation. Art Vincent, PC Box 984, appeared. 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 allow for administrative closures of human rights complaints that do not warrant further investigation, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase wastewater service charges and fees in Iowa City, Iowa, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 3, "City Finances, Taxation, and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties" of the City Code, to increase water service charges and fees in Iowa City, Iowa, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to add a delinquency charges of five percent to solid waste, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," Subsection 6, entitled "Billing and Collection Procedures; Delinquent Accounts" of the City Code to authorize a delinquency charge when the account is considered delinquent, be given first consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons," to prohibit the use of bows, arrows and crossbows within the City, be given second vote for consideration. The Mayor declared the motion carried. Official Council Actions November 18, 1997 page 5 Moved and seconded to adopt RES. 97-385, AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION BY INCREASING THE HOURS OF THE CABLE TV ADMINISTRATOR. Moved and seconded to adopt RES. 97-386, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE OF THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE STREET, PURSUANT TO WHICH LEASE GREYHOUND LINES, INC. WILL LEASE SAID PROPERTY FOR A TERM OF THREE YEARS. The Mayor noted the current vacancies: Airport Comm. - one vacancy to fill an unexpired term ending March 1, 2003. This appointment will be made at the December 16 Council meeting. The Mayor noted the previously- announced vacancies: Public Art Advisory Comm.- four vacancies; one to fill a one-year term, two to fill two-year terms, and one to fill a three-year term all beginning January 1, 1998. Bd. of Adjustment - one vacancy to fill a five-year term ending January 1, 2003. Design Review Comm. - one vacancy for a Business or Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1999. These appointments will be made at the December 9 Council meeting. Moved and seconded 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 disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Council returned to open session 9:10 p.m. Moved and seconded to adjourn 9:15 p.m. The Mayor declared the motion carried. s/Naomi J. Novick, Mayor s/Marian K. Karr, City Clerk Submitt~e ' for publication - 11/26/97 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 NOVEMBER 11, 1997 Iowa City City Council, special 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: Atkins, Helling, Dilkes, Karr, Franklin, Schmadeke, Yucuis, Gannon, Fosse. Council minutes tape recorded on Tapes 97-153, Both Sides; 97-154, Side 1. Moved by Norton, seconded by Lehman, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented and to delete items: 2d(2) a resolution setting a public hearing on plans, specifications, form of contract, and estimate of cost for construction of the Captain Irish Parkway Phase I Improvements Project; and 2d(3) a resolution setting a public hearing on plans, specifications, form of contract, and estimate of cost for construction of the Water Facility Improvements - Water Main Phase II Project: Approval of Official Council Actions of the special meetings of October 16, October 30, and the regular meeting of October 21, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - September 11. Historic Preservation Comm. - October 14. PCRB - October 10. Sr. Center Corem. September 24. Housing & Community Development Comm. - September 18. Bd. of Library Trustees - September 25, October 14. Bd. of Adjustment - October 8. P&Z Comm. - October 16. Broadband Telecomre. Comm. - September 22. Riverfront & Natural Areas Comm. - October 15. Human Rights Corem. - September 22, October 27. A public hearing be set on the administrative closure revisions to the Iowa City Human Rights Ordinance. Permit Motions: Approving a Class C Beer Permit for Fareway Stores, Inc., 2530 Westwinds Dr. Approving a Class E Beer Permit for Eagle Food Center #157, 600 N. Dodge St. Approving a Class E Beer Permit for Eagle Food Center #220, 11 Highway I West. Approving a Class E Beer Permit for ExpresStop, 2545 N. Dodge St. RES. 97-371, Bk. 118, p. 371, ISSUE CIGARETTE PERMIT. Setting Public Hearings: Setting a public hearing for November 18 on the proposed ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa, to allow for administrative closures of human rights complaints that do not warrant further investigation. Resolutions, Bk. 118: RES. 97-372, p. 372, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST NATIONAL BANK, IOWA CITY, FOR PROPERTY LOCATED AT 3351 WINTERGREEN DRIVE AND 1804 HANNAH JO COURT, IOWA CITY, IOWA. RES. 97-373, Council Activities November 11, 1997 page 2 p. 373, APPROVING THE THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE ASSISTED HOUSING RISK MANAGEMENT ASSOCIATION (AHRMA). RES. 97-374, p. 374, ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENT FOR LOTS 1 AND 2 OF BLOCK 7 BRAVERMAN CENTER. RES. 97-375, p. 375, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE IOWA CITY PARKING RAMPS FACILITY UPGRADES TO THE CAPITOL AND DUBUQUE STREET RAMPS PROJECT. RES. 97-376, p. 376, APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA 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. Correspondence: Charles & Margaret Felling regarding Neighborhood Council. Rory Fisher regarding snow removal. Grace Trifaro regarding deer management. JCCOG Traffic Engineering Planner: (a) Repeal of Parking Prohibition on East Side of Benton Court; (b) Lane Designation at Burlington Street and Governor Street Intersection; (c) Two Hour Parking on the North Side of the 100 Block of E. Lafayette Street; (d) Lane Designation Modification at Intersection of Highway 6, Highway 1, and Highway 921. Civil Service Commission submitting certified lists of applicants for the following position(s): Scalehouse Operator. Use of City Plaza~-all approved: Kit Murray (WRAC distribute literature) - October 23. Andrea Slocum (rally against legalization of death penalty) - October 21. Ray Parsons (Socialist Workers Party distribute literature) October 23 Use of City Streets & Public Grounds, approved: Patrick Abildtrup (U of I Homecoming Parade) October 24. Jenny Schulz (Equal Justice Foundation 5K Walk/Run) - October 26. Use of City Plaza, approved: Carolyn Marr (United Nations Association distribute literature) - November 7. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearing as set. Candida Maurer, 627 Bradley, thanked the voters for delaying the extension of First Avenue at the November 4 election and requested information on the formation of a task force to study the area. Derek Maurer, 328 S. Governor, questioned the status of construction of the Captain Irish Parkway as a result of the delay of First Avenue. Council stated the item had been deleted from the Consent Calendar and would be placed back on Council's agenda in the next few weeks. Bennett Brown, 802 E. Washington, congratulated individuals involved in the last City election and outlined possible directions the community may go as a result of the delay in extending First Avenue. A public hearing was held on an ordinance amending the approved Sensitive Areas Development Plan for Walden Hills to allow the development of 120 dwelling Council Activities November 11, 1997 page 3 units on Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay zone at the northwest corner of Rohret Road and Shannon Drive. Bob Burns, developer and owner, appeared. A public hearing was held on a resolution approving the annexation of a 2.81 acre tract located southeast of the intersection of Iowa Highway 1 and Naples Avenue. PCD Director Franklin present for discussion. No one appeared. Moved by Lehman, seconded by Vanderhoef, to continue to November 18, a public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations of a 2.81 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue, from County CP-1, Planned Commercial, to C1-1, Intensive Commercial. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of a 0.87 acre tract, located on the east side of West Side Drive and south of Earl Road, from RM-12, Low Density Multi-Family Residential and C1-1, Intensive Commercial, to CO-1, Commercial Office (West Side Park). PCD Director Franklin present for discussion. Developer John Moreland appeared. A public hearing was held on a resolution adopting the Comprehensive Plan, including the South District Plan. Derek Maurer, 328 S. Governor, and Harry Wolf, Southgate Development, appeared. PCD Director Franklin present for discussion. Moved by Kubby, seconded by Lehman to continue to November 18, a public hearing on a resolution adopting the Comprehensive Plan, including the South District Plan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Vanderhoef, to defer to December 9, a resolution adopting the Comprehensive Plan, including the South District Plan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman, to adopt RES. 97-377, Bk. 118, p. 377, APPROVING THE PRELIMINARY AND FINAL PLAT RESUBDIVISION OF LOT 1 AND A PORTION OF LOT 2, WEST SIDE PARK IOWA CITY, IOWA. Developer John Moreland appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to submit a letter to the Johnson County Board of Supervisors recommending approval of an application to rezone approximately 23 acres located at the southwest corner of Dane Road and Osage Street from Rural (A1) to Suburban Residential (RS-5). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The following individuals appeared regarding TCI and the removal of channel 99, the Spanish speaking channel from the line-up: Jose Alberto Abreu, 826 Rider St. and Altair Juarez, 669 Hawkeye Ct. Asst. City Mgr. Helling present for discussion. Council agreed to write a letter to TCI requesting they review other options and retain the channel. Council Activities November 11, 1997 page 4 A public hearing was held on a resolution approving plans, specifications, form of contract and estimate of cost for construction of the WooIf Avenue Bridge Reconstruction Project. Asst. City Engr. Gannon present for discussion. Moved by Lehman, seconded by Vanderhoef, to adopt RES. 97-378, Bk. 118, p. 378, APPROVING PLANS,' SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WOOLF AVENUE BRIDGE RECONSTRUCTION PROJECT [PROJECT NO. BRM-3715(4)--8N-52] AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on four ordinances proposing fee and language changes for water and wastewater. Finance Director Yucuis present for discussion. Gary Sanders appeared. Moved by Vanderhoef, seconded by Lehman, to accept the form of tax exemption certificate pertaining to the $5,540,000 General Obligation Bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Norton, to accept the form of continuing disclosure certificate pertaining to the $5,540,000 General Obligation Bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Lehman, to adopt RES. 97-379, Bk. 118, p. 379, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons," to prohibit the use of bows, arrows and crossbows within the city, be given first vote for consideration. Moved by Norton, seconded by Lehman, to amend the ordinance by replacing the words "at a stationary target" and replacing them with "at an inanimate target". The Mayor declared the motion carried, 4/3, with Kubby, Novick, and Baker voting "Nay." The Mayor declared the motion carried, 6/1, on first consideration of the ordinance, with the following division of roll call vote: Ayes: Vanderhoef, Kubby, Lehman, Norton, Novick, Thornberry. Nays: Baker. Absent: None. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 97-380, Bk. 118, p. 380, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97 PARATRANSIT SERVICE BETWEEN THE CITY AND JOHNSON COUNTY to November 30, 1997. 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. 97-381, Bk. 118, p. 381, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING Council Activities November 11, 1997 page 5 CONSULTANT SERVICES FOR THE RIVER STREET RECONSTRUCTION PROJECT. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor announced the current vacancies: Airport Comm. - one vacancy to fill an unexpired term ending March 1, 2003. This appointment will be made at the December 16 Council meeting. The Mayor announced the previously announced vacancies: Public Art Advisory Corem. - four vacancies; one to fill a one-year term, two to fill two-year terms, and one to fill a three-year term all beginning January 1, 1995. The Committee will be comprised of two community representatives and two art professionals. These appointments will be made at the December 9 Council meeting. Moved by Lehman, seconded by Vanderhoef, to appoint the following individuals: Bd. of Appeals - re-appoint John Roffman, 1314 Burry Dr. and Gary Haman, 2703 Brookside Dr. to five-year terms ending December 31, 2002. Bd. of Library Trustees - appoint Linda Dellsperger, 227 Magowan Ave., to fill an unexpired term ending July 1, 2003. Human Rights Comm. - re-appoint Diane Martin, 152 N. Westminister, and Joan Jehle, 1167 E. Jefferson, and appoint Arthur Vincent, 17 S. Governor #9, to fill three-year terms ending January 1, 2001. P&R Comm. - re-appoint Bruce Maurer, 805 Willow St:, and Barbara Endel, 1404 Buresh Ave;, to fill four-year terms ending January 1, 2002. Riverfront & Natural Areas Cornre. - re-appoint Courtney Daniels, 53 Amhurst St., and appoint Dan Mascal, 934 Talwrn Ct. and Lynn Rose, 1816 Muscatine Ave. to fill three-year terms ending December 31, 2000. Sr. Center Comm. - re-appoint Chevalier Monsanto, 2262 Hickory Ct., and appoint Deborah Schoenfelder, 1517 Burns Ave., to fill three-year terms ending December 31, 2000. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that the following vacancies would be re-advertised and appointed on December 9: Bd. of Adjustment - one vacancy for a five-year term ending January 1, 2003; Design Review Comm.- one vacancy for a Business or Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1999. Council Member Vanderhoef complimented Sheri Thomas and her crew for clean-up and maintenance of the downtown area after the recent Homecoming activities; reported that the Council on Disability Rights in Education is looking for citizens to serve on their Board and encouraged interested citizens to contact Keith Rupp; and displayed the new "Safe Place" signs that will be displayed in all businesses who are trained to assist people in need of a safe place off the street. Council Activities November 11, 1997 page 6 Council Member Thornberry reported on an incident at the Hy-Vee store when a gentleman became disoriented and was aided by City Refuse Worker Brian Tack. Council Member Lehman acknowledged the efforts of the Oakdale Security Facility personnel for helping with the holiday lights in the downtown, and encouraged everyone to remember to observe Veterans' Day. Council Member Kubby commended on the observance of Veterans' Day noting it was a day to celebrate people's lives who have been disrupted by war; noted the annual energy use report distributed in September and acknowledged the City has increased energy conservation by 37% since 1980; asked citizens not to rake leaves into the creeks or street; and requested a brief written report on employment accommodations in the community over the past couple of years. The Mayor requested an extension to the leaf pick-up schedule. The City Manager stated crews will work until the snow falls. Council Member Norton thanked City Forestry crews for their work cleaning up the debris from the recent snow; requested staff look at the traffic islands recently installed on Linn St. noting they made it difficult to make right turns; asked for Council reconsideration of the Melrose Avenue westbound right turn situation; and requested a report on auxiliary police in the downtown area. Staff will follow- up. Mayor Novick reminded everyone that November 13 was City Hall Day and reported that the City's new downtown shuttle was doing well and started the week with 193 riders on Monday and by Wednesday had grown to 478, with the weekly total of 1,760. City Arty. Dilkes reported on the hiring of Andrew Matthews as the new Asst. City Attorney starting on November 17. Moved by Lehman, seconded by Norton, to adjourn 9:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick 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. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 18, 1997 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: Baker. Staffmembers present: Arkins, Helling, Dilkes, Karr, Franklin, Shank, Yucuis. Council minutes tape recorded on Tapes 97-154, Side 2 and 97-158, Both Sides. The Mayor presented the Outstanding Student Citizenship Awards to Roosevelt Elementary: Emma Meurice. Emma's friends (Rachel Yucuis, Emily Molof, Jarod Johnson and Supervising Teacher Mrs. Kathy Jepson) from Roosevelt Elementary accepted. Emma was hit by a car and killed on June 28, 1997. The Mayor proclaimed World AIDS Day - December 1, Linda Yanney, Free Medical Clinic, and Chuck Dufano, Johnson County Public Health Dept. accepted; Make-a-Wish Week - December 1-7, Steve Yardley, Beth Hill, Pam Emerson, rep. Make A Wish Foundation accepted. Moved by Thornberry, seconded by Lehman, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Minutes of Boards & Commissions: Design Review Comm. - October 20. Riverfront & Natural Areas Comm. - September 17. P&R Comm. - October 9. PCRB - October 22, November 6. Adopt by-laws and forward to City Council for approval. Forward copy of PCRB Report on Complaint 97-1 to City Council, Complainant, Police Officer, Chief of Police and City Manager. Permit Motions: Class C Liquor License for Pagliai's Pizza Palace, 302 E. Bloomington St. Class C liquor License for Ground Round, 830 S. Riverside Dr. Special Class C Liquor License for India Cafe, 227 E. Washington St. Outdoor Service Area for Jimmy's Brick Oven Cafe, 749 Mormon Trek Blvd. Motions: Approving abstract of Election for City Council election of November 4, 1997. Resolutions, Bk. 118: RES. 97-382, p. 382, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LOAN OF THE PROPERTY LOCATED AT 509 SOUTH LINN STREET, IOWA CITY, IOWA. RES. 97-383, p. 383, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LOAN OF THE PROPERTY LOCATED AT 412 NORTH DUBUQUE STREET, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding: (a) Modification of Bus Loading Zones for the Downtown Transit Shuttle. Council Activities November 18, 1997 page 2 Use of City Streets and Public Grounds, approved: Steven Breese (Jingle Bell Fun Run and Walk) - December 6. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Rene Paine, Public Access Television Director, updated Council on programs and invited citizens to the annual Board meeting on November 20. Robert Kemp, 1122 Estron St., appeared and urged Council to preserve some interactive downtown fountain. Diana Henry, Weber Elementary School, noted Geography Awareness Week and outlined displays and activities planned. Moved by Thornberry, seconded by Norton, to set a public hearing for December 9 on a resolution approving the annexation of a 2.59 acre tract located at 4575 Highway 6 SE. (Moose Lodge). The Mayor declared the motion carried unanimously, 6/0, Baker absent. Moved by Vanderhoef, seconded by Lehman, to set a public hearing for December 9 on an ordinance amending the Zoning Chapter by changing the zoning designation for a five acre tract located at 4575 Highway 6 SE from County Rural (A1) (2.59 acres) and Rural Residential (RR-1) (2.41 acres) to RM-20, Medium Density Multi-Family Residential (Moose Lodge). The Mayor declared the motion carried unanimously, 6/0, Baker absent. Moved by Norton, seconded by Thornberry, to set a public hearing for December 9 on an ordinance 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. The Mayor declared the motion carried unanimously, 6/0, Baker absent. Moved by Kubby, seconded by Lehman to continue a public hearing on the Comprehensive Plan, including the South District Plan. The Mayor declared the motion carried unanimously, 6/0, Baker absent. Moved by Norton, seconded by Lehman, to adopt RES. 97-384, Bk. 118, p. 384, APPROVING THE ANNEXATION OF APPROXIMATELY 3.37 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF IOWA HIGHWAY 1 AND NAPLES AVENUE (Miller). Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of a 3.37 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue (Miller). No one appeared. Moved by Lehman, seconded by Norton, that the ordinance amending the Zoning Ordinance by changing the use regulations of a 3.37 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue, from County CP-1, Planned Commercial, to C1-1, Intensive Commercial (Miller), be given first vote for consideration. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Kubby, that the ordinance amending the approved Sensitive Areas Development Plan for Walden Hills to allow the Council Activities November 18, 1997 page 3 development of 120 dwelling units on Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay zone at the northwest corner of Rohret Road and Shannon Drive, be given first vote for consideration. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Lehman, seconded by Thornberry, that the ordinance amending the Zoning Ordinance by changing the use regulations of a 0.87 acre tract, located on the east side of West Side Drive and south of Earl Road, from RM-12, Low Density Multi-Family Residential and C1-1, Intensive Commercial, to CO-1, Commercial Office (West Side Park), be given first vote for consideration. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. A public hearing was held on the ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa to allow for administrative closures of human rights complaints that do not warrant further investigation. Art Vincent, PO Box 984, appeared. Human-Rights Coordinator Shank present for discussion. Moved by Kubby, seconded by Lehman, that the ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa, to allow for administrative closures of human rights complaints that do not warrant further investigation, be given first vote for consideration. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Norton, seconded by Vanderhoef, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase wastewater service charges and fees in Iowa City, Iowa, be given first vote for consideration. Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Lehman, that the ordinance amending Title 3, "City Finances, Taxation, and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties" of the City Code, to increase water service charges and fees in Iowa City, Iowa, be given first vote for consideration. Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Lehman, seconded by Thornberry, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to add a delinquency charges of five percent to solid waste, be given first vote for consideration. Finance Director Yucuis present for discussion. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes; Novick, Thornberry, Vanderhoef, Lehman, Norton. Nays: Kubby. Absent: Baker. Moved by Thornberry, seconded by Vanderhoef, that the ordinance amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," Subsection 6, entitled "Billing and Collection Procedures; Delinquent Accounts" of the City Code to authorize a Council Activities November 18, 1997 page 4 delinquency charge when the account is considered delinquent, be given first consideration. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Lehman, seconded by Thornberry, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons," to prohibit the use of bows, arrows and crossbows within the City, be given second vote for consideration. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Norton, to adopt RES. 97-385, Bk. 118, p. 385, AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION BY INCREASING THE HOURS OF THE CABLE TV ADMINISTRATOR (from .60 FTE to .75 FTE). Individual Council Members expressed their views. Asst. City Mgr. Helling present for discussion. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, Novick, Vanderhoef. Nays: Thornberry. Absent: Baker. Moved by Kubby, seconded by Lehman, to adopt RES. 97-386, Bk. 118, p. 386, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE OF THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE STREET, PURSUANT TO WHICH LEASE GREYHOUND LINES, INC. WILL LEASE SAID PROPERTY FOR A TERM OF THREE YEARS. Individual Council Members expressed their views. Asst. City Arty. Holecek present for discussion. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Airport Comm. - one vacancy to fill an unexpired term ending March 1, 2003. This appointment will be made at the December 16 Council meeting. The Mayor noted the previously-announced vacancies: Public Art Advisory Comm. - four vacancies; one to fill a one-year term, two to fill two-year terms, and one to fill a three-year term all beginning January 1, 1998. Bd. of Adjustment - one vacancy to fill a five-year term ending January 1, 2003. Design Review Comm. - one vacancy for a Business or Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired 'term ending July 1, 1999. These appointments will be made at the December 9 Council meeting. Council Member Thornberry noted the upcoming births of Council Member Lehman's third grandchild and City Atty. Dilkes second child. Council Member Lehman noted the first report on a citizens complaint from the Police Citizens Review Board (PCRB) and stated he was pleased with the report. Lehman encouraged citizens to let Council Members know their feeling on the downtown fountain. Council Member Kubby noted the PCRB report and questioned whether Council direction was needed for further public discussion on the policies stated. City Clerk Karr stated the Board would be receiving citizen input and currently was reviewing meeting schedule and pending issues prior to a Police presentation. Kubb¥ thanked City employees Joyce Carroll and Barb Coffey for their efforts in coordinating the City employee yard raking for senior citizens. Kubby reminded Council Activities November 18, 1997 page 5 citizens of upcoming events scheduled for November 20: PATV annual meeting, New Pioneer Cooperative annual meeting; and WRAC social change training dealing with working with the media. Kubby reported on a presentation on Big Brothers/Big Sisters and noted the upcoming Bowl for Kids Sake on February 28. Kubby noted the recent newspaper article concerning a Christmas Tree being placed in the Ped Mall fountain and requested Council be informed of any future changes in policy. Kubby thanked "Emma's and Molly's morns" for helping fill muddy areas of Hickory Hill Park with wood chips. In response to Council Member Norton, Mayor Novick reported that on Friday, November 14 the new City free shuttle bus reported 645 passengers. Norton questioned the status of plantings on Rohret Road and Melrose. The City Mgr. stated Rohret Road had been planted and that the City was discussing the matter with the contractor on Melrose. Mayor Novick invited everyone to attend the Human Rights video "Transgender: The Law and Employers" on December 2 in Room A of the Public Library. Moved by Norton, seconded by Thornberry, 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 disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried unanimously, 6/0, Baker absent and adjourned into executive session 8:40 p.m. Council returned to open session 9:10 p.m. Moved by Lehman, seconded by Norton, to adjourn 9:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr, City Clerk