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HomeMy WebLinkAbout1998-04-07 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 APRIL 7, 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, Grosvenor, Franklin, Robinson, McClure, Winstead, Gannon. Council minutes tape recorded on Tape 98-46, Side 2; 98-53. The Mayor presented Tenant-to-Ownership Program Certificate of Achievement to Hsg. Adm. Grosvenor representing the owner and Certificate of Appreciation to Peggy Doerge representing First National Bank. The Mayor proclaimed Fair Housing Month - April 1998, Diane Martin, Human Rights Comm. accepted; Arbor Day - April 25, Terry Robinson, City Forester, accepted; Week of the Young Child - April 19-25, Kay Prediger, Director University Preschool, accepted; Flood Awareness Week - April 19-25. Moved by Vanderhoef, 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 a regular meeting of March 24, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Broadband Telecomm. Comm. - April 1: Accept TCI's proposed cure in lieu of a fine of $250 per day for failing to meet the system upgrade deadline contained in the franchise agreement. The cure is outlined in TCI's letter of March 23, 1998, in which TCI will pay a total of $46,000 and not increase subscriber's rates in areas in which the system is upgraded before the entire system upgrade is complete. One half of the $46,000 will be rebated to subscribers, or approximately 81.30 per subscriber, and one half will be given as a grant-in-aid to the City Cable TV Division to cover related expenses. Human Rights Comm.- February 23, March 23. P&R Comm. - March 11. P&Z Comm. - March 19. PCRB - March 13, March 31: Receive PCRB Report 98-3. Riverfront & Natural Areas Comm. - February 18. Sr. Center Comm. - January 20, February 17. Rules Comm. - March 23: The Rules Committee noted concerns relating to the authority of the Committee as to whether they are a recommending body or a decision- making body and recommended that Council refer this back to the Public Arts Advisory Committee for a possible joint meeting. Committee is available to meet on April 27. HCDC February 18, February 19, February 26 (previously distributed in Project Resource Book). Council Activities April 7, 1998 page 2 Permit Motions: Class C Liquor License for Panchero's, 32 S. Clinton St. Outdoor Service Area for Panchero's, 32 S. Clinton St. Class C Liquor License for Outer Limits of Iowa City, 1910 S. Gilbert St. Class C Liquor License for Kitty Hawk, 1012 Gilbert Ct. Class C Liquor License for Mondo's Sports Cafe, 212 S. Clinton St. Class C Liquor License for Red Lobster #759, 1069 Highway 1 West. Class C Beer Permit for Suburban Amoco - Keokuk Street, 1905 Keokuk St. Class C Liquor License for T.G.I. Friday's, 2208 N. Dodge St. RES. 98-122, Bk. 119, p. 122, ISSUE CIGARETTE PERMIT. Setting Public Hearings: SETTING A PUBLIC HEARING ON APRIL 28 TO DISCUSS THE FY99 ANNUAL ACTION PLAN, INCLUDING THE FY99 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) BUDGET, FOR IOWA CITY, IOWA. RES. 98-123, Bk. 119, p. 123, SETTING A PUBLIC HEARING FOR APRIL 28 ON PROPOSED AMENDMENTS TO THE FLOOD INSURANCE RATE MAPS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID MAPS ON FILE FOR PUBLIC INSPECTION. RES. 98-124, Bk. 119, p. 124, INTENT TO CONVEY 2258 RUSSELL DRIVE, ALSO DESCRIBED AS LOT 204 , PART 5, HOLLYWOOD MANOR ADDITION, TO THE TENANT AND SETTING A PUBLIC HEARING FOR APRIL 28. RES. 98-125, Bk. 119, p. 125, INTENT TO CONVEY A VACATED 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 LINDER AND SETTING A PUBLIC HEARING FOR APRIL 28. Resolutions, Bk. 119: RES. 98-126, p. 126, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT AGREEMENT FOR HIGHLANDER DEVELOPMENT, FIRST ADDITION, IOWA CITY, IOWA. RES. 98-127, p. 127, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HAWKEYE STATE BANK, IOWA CITY, IOWA FOR THE PROPERTY LOCATED AT 1027 EAST MARKET STREET, IOWA CITY, IOWA. RES. 98-128, p.128, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LOAN FOR PROPERTY LOCATED AT 1117 EAST COLLEGE STREET, IOWA CITY, IOWA. RES. 98- 129, p. 129, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING TWO REHABILITATION AGREEMENTS, TWO PROMISSORY NOTES AND TWO MORTGAGES FOR PROPERTY LOCATED AT 143 POTOMAC DRIVE, IOWA CITY, IOWA. Correspondence: Petition with 437 signatures regarding SEATS. Cortney Daniels (Chair, Riverfront and Natural Areas Commission) regarding Iowa River Corridor Trail. Paula Clancy regarding First Avenue. Jerry Arganbright regarding Galway Hills. Julia Rembert (Emergency Housing Council Activities April 7, 1998 page 3 Project) regarding Block Grant. Aileen Halverson (ICAC-IAEYC) regarding invitation. Rene Paine (Public Access Television) regarding facility. Civil Service Comm. submitting certified lists of applicants for the following position(s): Special Projects Inspector; Account Clerk - Treasury. Neighborhood Council regarding the proposed Neighborhood Services Restructuring. Barbara Buss regarding the proposed Neighborhood Services Restructuring. Marcia Boyer regarding Airport Service Expansion. Applications for Use of City Plaza, all approved: Amanda Ulman (Social Workers Campaign) - March 29. Applications for Use of City Streets and Public Grounds, all approved: James Vrba (St. Patricks Catholic Church) - April 5 and April 11. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Kubby, seconded by Thornberry, to continue to April 28 a public hearing on an ordinance conditionally changing the zoning designation on a 10-acre tract located on the south side of Melrose Avenue and west of West High School from Low Density Single-Family (RS-5) to Planned Development Housing (OPDH-8) to permit an 80 dwelling unit retirement community (Melrose Retirement Community). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance conditionally changing the zoning at 500 Foster Road (Louis Condominiums). Larry Schnittjer, MMS Consultants, appeared. Moved by Thornberry, seconded by O'Donnell, that the ordinance conditionally changing the zoning designation on a 4.46-acre tract located at 500 Foster Road from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling units and approving a preliminary Sensitive Areas Development Plan (Louis Condominiums), be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Gary Sanders, 728 1/2 Oaklawn, appeared regarding the proposed parking facility on the corner of Iowa and Linn Streets. A public hearing was held on an ordinance conditionally changing the zoning designation for 41 acres located between Lower West Branch Road and Court Street extended (Windsor Ridge). No one appeared. Moved by Thornberry, seconded by Norton, that the ordinance conditionally changing the zoning designation on approximately 41 acres located between Lower West Branch Road and Court Street extended, approximately 4/5 miles west of Taft Avenue from Low Density Single-Family Residential (RS-5) to Medium Density Single-Family Residential (RS-8) for 29.1 acres and Low Density Multi-Family Residential (RM-12) for 11.9 acres (Windsor Ridge), be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council Activities April 7, 1998 page 4 A public hearing was held on an ordinance changing the zoning designation on approximately 24.12 acres (First & Rochester Parts 4,5,6). Atty. Joe Holland, representing the developer, appeared. PCD Director Franklin present for discussion. Moved by Thornberry, seconded by Champion, that the ordinance changing the zoning designation on approximately 24.12 acres from Interim Development (ID-RS) to Sensitive Areas Overlay-5 (OSA-5) and approving a preliminary Sensitive Areas Development Plan for property located at the east terminus of Hickory Trail (First & Rochester Parts 4,5,6), be given first vote for consideration. Individual Council Members expressed their views. The Mayor declared the motion defeated, 0/7, all Council Members present. Moved by Thornberry, seconded by Norton, that the ordinance approving the preliminary OPDH plan for Walnut Ridge, Parts 6 and 7, a 66.68 acre, 20-lot residential subdivision located at the north terminus of Kennedy Parkway, 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 Norton, 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. 98-3828, Bk. 41, p. 8, AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE E, "COMMERCIAL AND BUSINESS ZONES," SECTION 2, NEIGHBORHOOD COMMERCIAL ZONE (CN-1) REGARDING SIZE RESTRICTIONS ON RESTAURANTS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by 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 Champion, seconded by Kubby, to accept correspondence from: Karl Kuhlman & Dibbern; Kirsten Frey, representing Plum Grove Acres. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by O'Donnell, 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. 98-3829, Bk. 41, p. 9, AMENDING THE APPROVED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR LOT 51 OF WALDEN HILLS, CONTAINING 2.9 ACRES AND LOCATED WITHIN THE OSA-8, SENSITIVE AREAS OVERLAY ZONE AT THE NORTHEAST CORNER OF SHANNON DRIVE AND IRVING AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 98-130, Bk. 41, p. 130, APPROVING A PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 51, Council Activities April 7, 1998 page 5 WALDEN HILLS, A 2.9 ACRE, 25-LOT RESIDENTIAL SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF SHANNON DRIVE AND IRVING AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to accept correspondence from Bill Happel, Walden Hills Associates. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, to adopt RES. 98-131, Bk. 119, p. 131, APPROVING A FINAL PLAT OF A RESUBDIVISION OF LOT 51, WALDEN HILLS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by O'Donnell, to adopt RES. 98-132, Bk. 119, p. 132, APPROVING A FINAL PLAT OF WESTCOTT HEIGHTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance vacating portion of former Benton Street between Riverside Drive and Iowa River which is adjacent to Linder Tire Service. No one appeared. Moved by Norton, seconded by O'Donnell, 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 specifications, form of contract and estimate of cost for construction of the Southgate Avenue and Waterfront Drive Paving Improvement and West Pepperwood Relief Sewer Project. No one appeared. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-133, Bk. 119, p. 133, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENT AND WEST PEPPERWOOD RELIEF SEWER PROJECT, ESTABLISHING ABOUT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Civil Engr. McClure 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 Iowa River Corridor Trail Project Burlington Street to Napoleon Park. The following individuals appeared: Nick Kempf, Metro Pavers; Terry Dahms, FIRST; and Larry Wilson, Riverfront & Natural Area Commission Moved by Kubby, seconded by Vanderhoef, to adopt RES. 98-134, Bk. 119, p. 134, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK, STP-E-3715(9)-8V- Council Activities April 7, 1998 page 6 52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE. Civil Engr. McClure present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Kubby, Lehman, Norton, O'Donnell, Vanderhoef. Nays: Thornberry. Absent: None. Moved by Kubby, seconded by Vanderhoef, to continue to April 28 a public hearing and defer a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of Court Street Extended, Phase I, Improvements. The following individuals appeared: Bob RoeIf, 403 Elmira; Donita Langholdt, 406 Elmira; and Ted Rittenmeyer, 3621 E. Court. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, to accept correspondence from: Rick & Donita Langholdt, Ted Rittenmeyer & Priscilla Wright, Bob & Barbara RoeIf, and Tim Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution conveying 1417 Pine St. No one appeared. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-135, Bk. 119, p. 135, AUTHORIZING THE CONVEYANCE OF 1417 PINE STREET, ALSO DESCRIBED AS LOT 45, BLOCK 3, SECOND HIGHLAND DEVELOPMENT ADDITION, TO THE TENANT. 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. 98-136, Bk. 119, p. 136, APPROVING THE FY99, 2000, 2001, 2002, AND 2003 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1998, TO JUNE 30, 2003. 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. 98-137, Bk. 119, p. 137, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE RECONSTRUCTION PROJECT [BRM-3715(13)--8N-52]. 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. 98-138, Bk. 119, p. 138, APPROVING THE EXTERIOR SIGNAGE AT 112 SOUTH DUBUQUE STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-139, Bk. 119, p. 139, 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 NEUMANN MONSON PC ARCHITECTS, TO PROVIDE ARCHITECTURAL CONSULTANT SERVICES FOR THE CONSTRUCTION OF THE SCANLON GYMNASIUM COMPLEX IN MERCER PARK. Affirmative roll call Council Activities April 7, 1998 page 7 *revised 4/28/98 vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously-announced vacancies: Design Review Comm. - one vacancy for a business owner to fill a term ending July 1, 2001. This appointment will be made at the April 28 Council meeting. Moved by Vanderhoef, seconded by Norton, to re-appoint Pam Ehrhardt, 1029 E. Court St., appoint Dean Shannon, 226 Washington Park Rd., to the P&Z Comm. to fill five-year terms ending May 1, 2003; appoint Michael Gunn, 1011 Sheridan Ave., to the Historic Preservation Comm. to fill a three-year term ending March 29, 2001, representing the Summit Street District. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Champion asked if a meeting had been set with the negotiating team for the City and County on SEATS. City Mgr. Arkins stated a meeting had been set for April 8. Council Member Kubby noted appreciation for P&Z Commissioner George Starr who term expired; reminded citizens of the next session scheduled in the Women's Resource and Action Center Social Change Training, April 24-26; noted observance of "National Day of Silence" sponsored by the Feminist Union on April 8; and thanked the Senior Center Commission and Council of Elders for allowing her to utilize the lower lobby of the Senior Center for her office hours. Council Member O'Donnell thanked City Mgr. Atkins for responding to his call on a handicapped individual unable to ride SEATS, noting that the individual had now qualified for the service. Council Member Vanderhoef reminded citizens of a Council of Elders meeting at the Senior Center on April 8 to discuss the proposed parking facility at Linn and Iowa Streets; and acknowledged the new Police Department program "You've Been Ticketed" starting April 1 recognizing youths exhibiting commendable behavior and rewarding them with tickets for entertainment, food or beverages. Council Member Thornberry stated he would be attending the Airport Commission meeting on April 9, and encouraged citizens in the airport to attend. Council Member Norton reported on his attendance at the Children's Museum at Sycamore Mall and encouraged people to view the demonstration; reminded citizens of the movie "Back from the Brink: Saving America's Cities by Design" being aired on Channel; and reminded Councilors of their commitment to perform in the Ronald McDonald House fund-raiser June 13 & 14, with rehearsals scheduled June 11 & 12. Mayor Lehman reported on a phone call from an individual living in Capitol Apartments stating that the pedestrian light at Burlington and Clinton was too short and asked staff to check it; noted the Dee Norton would be representing Council at a meeting at Old Brick on April 25 to discuss the future of Old Brick; and reminded the public that the next formal Council meeting would be April 28. Moved by Kubby, seconded by Champion, to adjourn 9:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Activities April 7, 1998 page 8 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 - 3/24/98 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 proclaimed Children and Healthcare Week March 23-27, Colleen Maddy accept. Moved and 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 a special meeting of March 9 and a regular meeting of March 10 as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - February 9. Bd. of Library Trustees - February 26. P&Z Comm. - March 5. Broadband Telcomm. Comm. - February 23. 1) the City should grant TCI an extension to August 31 to complete the system rebuild and impose the maximum liquidated damages allowed in the franchise of $250 a day until it is finished; 2) the name of the Broadband Telecomm. Comm. should be changed to the Telecomre. Comm. PCRB - March 4, March 11. Receive PCRB Public Reports 98-1 and 98-2. Permit Motions: Class C Liquor License for Deadwood, 6 S. Dubuque St. Class C Liquor License for Elks Lodge B.P.O.E. #590, 637 Foster Rd. Class C Liquor License for Sports Column, 12 S. Dubuque St. Class B Council Activities March 24, 1998 page 2 Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. Setting Public Hearings: RES. 98-100, SETTING A PUBLIC HEARING FOR APRIL 7 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. 98-101, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENT AND WEST PEPPERWOOD RELIEF SEWER 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. 98-102, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 98-103, SI~TTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF COURT STREET EXTENDED, PHASE 1 IMPROVEMENTS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 98-104, INTENT TO CONVEY 1417 PINE STREET, ALSO DESCRIBED AS LOT 45, BLOCK 3, SECOND HIGHLAND DEVELOPMENT ADDITION, TO THE TENANT AND Council Activities March 24, 1998 page 3 SETTING A PUBLIC HEARING FOR APRIL 7, 1998. Motions: APPROVE DISBURSEMENTS IN THE AMOUNT OF $6,664,128.10 FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 1998, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. ACCEPT THE FORM OF CONTINUING DISCLOSURE CERTIFICATE PERTAINING TO THE $8,500,000 GENERAL OBLIGATION BONDS. ACCEPT THE FORM OF TAX EXEMPTION CERTIFICATE PERTAINING TO THE $8,500,000 GENERAL OBLIGATION BONDS. Resolutions: RES. 98-105, AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON STREET TO NAPOLEON PARK PROJECT. RES. 98- 106, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA. RES. 98- 107, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR THE PROPERTY LOCATED AT 811 HUDSON AVENUE, IOWA CITY, IOWA. RES. 98-108, AUTHORIZING THE EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT RENTAL CERTIFICATE PROGRAM AND RENTAL VOUCHER PROGRAM. PROJECT NOS. IAO22VO0020 AND IAO22CEO026. RES. 98-109, AUTHORIZING THE EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT RENTAL CERTIFICATE PROGRAM AND RENTAL VOUCHER Council Activities March 24, 1998 page 4 PROGRAM. PROJECT NOS. IAO22CE0027 AND IAO22CEO028. Correspondence: Dan Pinegar (UISG UCS Senator) regarding downtown bars/students. The University of Iowa Environmental Coalition regarding Hickory Hill Park. John Gross regarding downtown shuttle. Steve Singer regarding apology. Margaret Voelker regarding SEATS. Kathleen Janz regarding recreation. Charles Schutte regarding First Avenue. JCCOG Traffic Engineering Planner: Changing a Commercial Loading Zone on the South Side of the 100 Block of E Washington Street East of Clinton Street to a Standard Loading Zone; Removal of Commercial Loading Zone Designation on the South Side of the 100 Block of E Washington Street West of Dubuque Street; Installation of Yield Signs on Shamrock Drive and Shamrock Place at the Intersection of Peterson Drive; Installation of Stop Signs on Foxana Drive at Pheasant Valley Street. TCI regarding proposals for cable TV upgrade. Johnson County Board of Supervisors regarding SEATS agreement. Bob Burns regarding loan for affordable housing. Applications for Use of City Plaza, all approved: Cathy Weingeist (DTA Friday Night Concert Series) - 1998. Don Arenz (Green Party - distribute literature) - March 14. Applications for Use of City Streets and Public Grounds, all approved: Gina Russo (Habitat for Humanity - Run for Shelter '98) - April 4. David Grady (U of I RiverFest RiverRun) - April 26. Diane Denneny (Children's Miracle Network Telethon/Ronald McDonald House Race) - May 2. Christine Nelson (March of Dimes - Walk America) - May 3. Jane Cohen (Cystic Fibrosis Foundation Great Strides: A Walk to Cure Cystic Fibrosis) - May 1 7. The Mayor declared the motion carried and the repeated the public hearings as set. Council Activities March 24, 1998 page 5 The following individuals appeared regarding SEATS: Orville Townsend, Vocational Rehabilitation Services; Eileen Cusher, 840 Maggard; Intesar Duncan; Leanne Mayhew; Larry Olson, read a letter from Marilyn Bestandig; Clara Oleson, President Elect of American Federation of Teachers, Local 716; Marilyn Belman, 922 E. Jefferson; Christine Denburg; and Rick McCaslin. Philip Zell, Sr. Ctr. Commissioner, read an announcement of a meeting between City representatives and the Council of Elders of the Center on City plans to construct a parking facility on Iowa Avenue. Moved and seconded to set a public hearing for April 7 on an ordinance conditionally changing the zoning designation on a 10-acre tract located on the south side of Melrose Avenue and west of West High School from Low Density Single-Family (RS-5) to Planned Development Housing (OPDH-8) to permit an 80 dwelling unit retirement community The Mayor declared the motion carried. Moved and seconded to continue to April 7 a public hearing on an ordinance conditionally changing the zoning designation on a 4.46-acre tract located at 500 Foster Road from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay- 8 (OSA-8) to permit 35 dwelling units and approving a preliminary Sensitive Areas Development Plan. The Mayor declared the motion carried. Moved and seconded to continue to April 7 a public hearing on an ordinance conditionally changing the zoning designation on approximately 41 acres located between Lower West Branch Road and Court Street extended, approximately 4/5 miles west of Taft Avenue from Low Density Single-Family Residential (RS-5) to Medium Density Single- Family Residential (RS-8) for 29.1 acres and Low Density Multi-Family Residential (RM-12) for 11.9 acres. The Mayor declared the motion carried. Moved and seconded to continue a public hearing to April 7 on an ordinance changing the zoning designation on approximately 24.12 acres from Interim Development (lb-RS) to Sensitive Areas Overlay-5 (OSA-5) and approving a Council Activities March 24, 1998 page 6 preliminary Sensitive Areas Development Plan for property located at the east terminus of Hickory Trail. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Cam & Kathleen Campbell; Martha & Gary Carlson; Candice & Robert Bowlsby; Julie & Edward Law; Steven & Eera Hoch; John & Kathleen Kennedy; Mary Jane Beach; Drew & Ann Bossen; Krishnan Chandran; Kenneth Lange; David & Darina Forkenbrock; Warren Sparks. The Mayor declared the motion carried. A public hearing was held on an ordinance approving the preliminary OPDH plan for Walnut Ridge, Parts 6 and 7, a 66.68 acre, 20-lot residential subdivision located at the north terminus of Kennedy Parkway. A public hearing was held on an ordinance amending Title 14, Chapter 6, "Zoning," Article E," Commercial and Business Zones," Section 2, Neighborhood Commercial Zone (CN-1) regarding size restrictions on restaurants. The following individuals appeared: Atty. Kandie Briscoe, representing Plum Grove Acres; and John Striet, General Manager for Midtown Family Restaurant. Moved and seconded that the ordinance amending Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, Neighborhood Commercial Zone (CN-1) regarding size restrictions on restaurants, be given first vote for consideration. The Mayor declared the motion carried. A public hearings was held on an ordinance amending the approved preliminary Sensitive Areas Development Plan for Lot 51 of Walden Hills, containing 2.9 acres and located within the OSA-8, Sensitive Areas Overlay Zone at the northeast corner of Shannon Drive and Irving Avenue. Moved and seconded that the ordinance amending the approved preliminary Sensitive Areas Development Plan for Lot 51 of Walden Hills, containing 2.9 acres and located within the OSA-8, Sensitive Areas Overlay Zone at the northeast corner of Shannon Drive and Irving Avenue, be given first vote for consideration. The Mayor declared the motion carried. Council Activities March 24, 1998 page 7 Moved and seconded to adopt RES. 98-110, APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS, PART FIVE, IOWA CITY, IOWA. The Mayor noted that the Johnson County Board of Supervisors has already acted upon a request to rezone 5.3 acres from Suburban Residential (RS-10) to Planned Commercial (CP2) for property located in the northwest quadrant of the intersection of Highway I and Landon Avenue, and that no further action was necessary. A public hearing was held on the filing of an application with the Iowa Department of Transportation for FY99 Iowa DOT State Transit Assistance funding and Federal Transit Administration funding. Moved and seconded to adopt RES. 98-111, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY99 IOWA DOT STATE TRANSIT ASSISTANCE FUNDING AND FEDERAL TRANSIT ADMINISTRATION FUNDING. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Mormon Trek Boulevard concrete pavement rehabilitation project. Moved and seconded to adopt RES. 98-112, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD CONCRETE PAVEMENT REHABILITATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PIJBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Scanlon Gymnasium Complex in Mercer Park. Architect Kevin Monson presented information and drawings of the project. Moved and seconded to adopt RES. 98-113, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE Council Activities March 24, 1998 page 8 CONSTRUCTION OF THE SCANLON GYMNASIUM COMPLEX IN MERCER PARK, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution authorizing the conveyance of 1702 California Avenue, also described as lot 36, Part I-A, Mt. Prospect Addition, to the tenant. Moved and seconded to adopt RES. 98-114, AUTHORIZING CONVEYANCE OF 1702 CALIFORNIA AVENUE, ALSO DESCRIBED AS LOT 36, PART l-A, MOUNT. PROSPECT ADDITION, TO THE TENANT. Moved and seconded to adopt ORD. 98-3827, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," BY AMENDING SECTION 12 THEREIN TO MODIFY LANE USE CONTROL AND PAVEMENT MARKINGS ON MELROSE AVENUE FROM UNIVERSITY HEIGHTS TO BYINGTON ROAD. Moved and seconded to accept correspondence from Donald Swanson, Mayor of University Heights. The Mayor declared the motion carried. Moved and seconded to adopt RES. 98-115, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DOVER, KOHL AND PARTNERS FOR A DESIGN PLAN FOR DEVELOPMENT OF THE PENINSULA. Moved and seconded to adopt RES. 98-116, AUTHORIZING THE MAYOR TO SIGN AND THE CITY TO ATTEST THE SUPPLEMENT AND FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT INC. (FORMERLY THE AMERICAN COLLEGE TESTING PROGRAM INC.) CONCERNING ACT INC.'S MASTER DEVELOPMENT PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY. Moved and seconded to adopt RES. 98-117, AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD MAY 2, 1998. Moved and seconded to adopt RES. Council Activities March 24, 1998 page 9 98-118, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WATER FACILITY SITE DEVELOPMENT - PHASE I IMPROVEMENT PROJECT. Moved and seconded to adopt RES. 98-119, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS. Moved and seconded to adopt RES. 98-120, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF ~8,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAID SAID BONDS. Moved and seconded to adopt RES. 98-121, CERTIFYING UNPAID MOWING AND CLEAN-UP OF PROPERTY CHARGES, SIDEWALK REPAIR CHARGES, FROZEN WATER METER FEES AND WATER SHUT-OFF FEES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. The Mayor noted the previously- announced vacancies: P&Z Comm. two vacancies to fill five-year terms ending May 1, 2003. These appointments will be made at the April 7 Council meeting. Design Review Comm. - one vacancy for a business owner to fill a term ending July 1, 2001. This appointment will be made at the April 21 Council meeting. Moved and seconded to appoint Ursula Delworth, 418 5th Ave., to the Animal Control Advisory Bd. to fill a three-year term ending April 5, 2001; appoint Jim Pusack, 4750 Iverness Ct., to the Broadband Telecomm. Comm. to fill an unexpired term ending March 13, 1999; and to re-advertise the vacancy on the Historic Preservation Comm. to fill a three-year term ending March 29, 2001, representing the Summit Street District. The Mayor declared the motion carried. Moved and seconded by Norton, to adjourn 9:15 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file Council Activities March 24, 1998 page 10 in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Marian K. K,arr, City ~.rk~ Submitted for publication_: 4/,1,/98 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 MARCH 24, 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, Grosvenor, Franklin, Davidson, Trueblood, Fosse, Schmadeke, Yucuis. Council minutes tape recorded on Tape 98-45, Both Sides; 98- 46, Side 1. The Mayor welcomed students from Iris Frost's University of Iowa journalism class. The Mayor proclaimed Children and Healthcare Week - March 23-27, Colleen Maddy accept. 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 a special meeting of March 9 and a regular meeting of March 10 as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - February 9. Bd. of Library Trustees - February 26. P&Z Comm. March 5. Broadband Telcomm. Comm. - February 23. 1) the City should grant TCI an extension to August 31 to complete the system rebuild and impose the maximum liquidated damages allowed in the franchise of 9250 a day until it is finished; 2) the name of the Broadband Telecomm. Comm. should be changed to the Telecomm. Comm. PCRB - March 4, March 11. Receive PCRB Public Reports 98-1 and 98-2. Permit Motions: Class C Liquor License for Deadwood, 6 S. Dubuque St. Class C Liquor License for Elks Lodge B.P.O.E. /t590, 637 Foster Rd. Class C Liquor License for Sports Column, 12 S. Dubuque St. Class B Beer Permit for I-lappy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. Setting Public Hearings: RES. 98-100, Bk. 119, p. 100, SETTING A PUBLIC HEARING FOR APRIL 7 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. 98-101, Bk. 119, p. 101, SETTING A PUBLIC HEARING for April 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENT AND WEST PEPPERWOOD RELIEF SEWER 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. 98-102, Bk. 119, p. 102, SETTING Council Activities March 24, 1998 page 2 A PUBLIC HEARING for April 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 98-103, Bk. 119, p. 103, SETTING A PUBLIC HEARING for April 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF COURT STREET EXTENDED, PHASE 1 IMPROVEMENTS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 98-104, Bk. 119, p. 104, INTENT TO CONVEY 1417 PINE STREET, ALSO DESCRIBED AS LOT 45, BLOCK 3, SECOND HIGHLAND DEVELOPMENT ADDITION, TO THE TENANT AND SETTING A PUBLIC HEARING FOR APRIL 7, 1998. Motions: APPROVE DISBURSEMENTS IN THE AMOUNT OF $6,664,128.10 FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 1998, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. ACCEPT THE FORM OF CONTINUING DISCLOSURE CERTIFICATE PERTAINING TO THE 98,500,000 GENERAL OBLIGATION BONDS. ACCEPT THE FORM OF TAX EXEMPTION CERTIFICATE PERTAINING TO THE 98,500,000 GENERAL OBLIGATION BONDS. Resolutions, Bk. 119: RES. 98-105, p. 105, AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON STREET TO NAPOLEON PARK PROJECT. RES. 98-106, p. 106, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA. RES. 98-107, p. 107, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR THE PROPERTY LOCATED AT 811 HUDSON AVENUE, IOWA CITY, IOWA. RES. 98-108, p. 108, A'UTHORIZING THE EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT RENTAL CERTIFICATE PROGRAM AND RENTAL VOUCHER PROGRAM. PROJECT NOS. IAO22VOO020 AND IA022CEO026. RES. 98-109, p. 109, AUTHORIZING THE EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT RENTAL CERTIFICATE PROGRAM AND RENTAL VOUCHER PROGRAM. PROJECT NOS. IA022CEO027 AND IA022CE0028. Correspondence: Dan Pinegar (UISG UCS Senator) regarding downtown bars/students. The University of Iowa Environmental Coalition regarding Hickory Hill Park. John Gross regarding downtown shuttle. Steve Council Activities March 24, 1998 page 3 Singer regarding apology. Margaret Voelker regarding SEATS. Kathleen Janz regarding recreation. Charles Schutte regarding First Avenue. JCCOG Traffic Engineering Planner: Changing a Commercial Loading Zone on the South Side of the 100 Block of E Washington Street East of Clinton Street to a Standard Loading Zone; Removal of Commercial Loading Zone Designation on the South Side of the 100 Block of E Washington Street West of Dubuque Street; Installation of Yield Signs on Shamrock Drive and Shamrock Place at the Intersection of Peterson Drive; Installation of Stop Signs on Foxana Drive at Pheasant Valley Street. TCI regarding proposals for cable TV upgrade. Johnson County Board of Supervisors regarding SEATS agreement. Bob Burns regarding loan for affordable housing. Applications for Use of City Plaza, all approved: Cathy Weingeist (DTA Friday Night Concert Series) - 1998. Don Arenz (Green Party - distribute literature) - March 14. Applications for Use of City Streets and Public Grounds, all approved: Gina Russo (Habitat for Humanity - Run for Shelter '98) - April 4. David Grady (U of I RiverFest RiverRun) - April 26. Diane Denneny (Children's Miracle Network Telethon/Ronald McDonald House Race) - May 2. Christine Nelson (March of Dimes - Walk America) - May 3. Jane Cohen (Cystic Fibrosis Foundation Great Strides: A Walk to Cure Cystic Fibrosis) - May 17. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and the repeated the public hearings as set. The following individuals appeared regarding SEATS: Orville Townsend, Vocational Rehabilitation Services; Eileen Cusher, 840 Maggard; Intesar Duncan; Leanne Mayhew; Larry Olson, read a letter from Marilyn Bestandig; Clara Oleson, President Elect of American Federation of Teachers, Local 716; Marilyn Belman, 922 E. Jefferson; Christine Denburg; and Rick McCaslin. Philip Zell, Sr. Ctr. Commissioner, read an announcement of a meeting between City representatives and the Council of Elders of the Center on City plans to construct a parking facility on Iowa Avenue. Moved by Norton, seconded by Vanderhoef, to set a public hearing for April 7 on an ordinance conditionally changing the zoning designation on a 10-acre tract located-on the south side of Melrose Avenue and west of West High School from Low Density Single-Family (RS-§) to Planned Development Housing (OPDH-8) to permit an 80 dwelling unit retirement community The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Vanderhoef, seconded by Champion, to continue to April 7 a public hearing on an ordinance conditionally changing the zoning designation on a 4.46-acre tract located at 500 Foster Road from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 35 dwelling units and approving a preliminary Sensitive Areas Development Plan (Louis Council Activities March 24, 1998 page 4 Condominiums). The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Kubby, seconded by Vanderhoef, to continue to April 7 a public hearing on an ordinance conditionally changing the zoning designation on approximately 41 acres located between Lower West Branch Road and Court Street extended, approximately 4/5 miles west of Taft Avenue from Low Density Single- Family Residential (RS-5) to Medium Density Single-Family Residential (RS-8) for 29.1 acres and Low Density Multi-Family Residential (RM-12) for 11.9 acres (Windsor Ridge). The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Kubby, seconded by O'Donnell, to continue a public hearing to April 7 on an ordinance changing the zoning designation on approximately 24.12 acres from Interim Development (ID-RS) to Sensitive Areas Overlay-5 (OSA-5) and approving a preliminary Sensitive Areas Development Plan for property located at the east terminus of Hickory Trail (First & Rochester Parts 4, 5, 6). The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Norton, seconded by Vanderhoef, to accept correspondence from: Cam & Kathleen Campbell; Martha & Gary Carlson; Candice & Robert Bowlsby; Julie & Edward Law; Steven & Eera Hoch; John & Kathleen Kennedy; Mary Jane Beach; Drew & Ann Bossen; Krishnan Chandran; Kenneth Lange; David & Darina Forkenbrock; Warren Sparks. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. A public hearing was held on an ordinance approving the preliminary OPDH plan for Walnut Ridge, Parts 6 and 7, a 66.68 acre, 20-lot residential subdivision located at the north terminus of Kennedy Parkway. No one appeared. A public hearing was held on an ordinance amending Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, Neighborhood Commercial Zone (CN-1) regarding size restrictions on restaurants. The following individuals appeared: Atty. Kandie Briscoe, representing Plum Grove Acres; and John Striet, General Manager for Midtown Family Restaurant. PCD Director Franklin present for discussion. Moved by Kubby, seconded by Norton, that the ordinance amending Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, Neighborhood Commercial Zone (CN-1) regarding size restrictions on restaurants, be given first vote for consideration. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearings was held on an ordinance amending the approved preliminary Sensitive Areas Development Plan for Lot 51 of Walden Hills, containing 2.9 acres and located within the OSA-8, Sensitive Areas Overlay Zone at the northeast corner of Shannon Drive and Irving Avenue. PCD Director Franklin present for discussion. Council Activities March 24, 1998 page 5 Moved by Kubby, seconded by Thornberry, that the ordinance amending the approved preliminary Sensitive Areas Development Plan for Lot 51 of Walden Hills, containing 2.9 acres and located within the OSA-8, Sensitive Areas Overlay Zone at the northeast corner of Shannon Drive and Irving Avenue, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-110, Bk. 119, p. 110, APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS, PART FIVE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted that the Johnson County Board of Supervisors has already acted upon a request to rezone 5.3 acres from Suburban Residential (RS-l O) to Planned Commercial (CP2) for property located in the northwest quadrant of the intersection of Highway 1 and Landon Avenue, and that no further action was necessary. A public hearing was held on the filing of an application with the Iowa Department of Transportation for FY99 Iowa DOT State Transit Assistance funding and Federal Transit Administration funding. No one appeared. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-111, Bk. 119, p. 111, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY99 IOWA DOT STATE TRANSIT ASSISTANCE FUNDING AND FEDERAL TRANSIT ADMINISTRATION FUNDING. JCCOG Transportation Planner Davidson present for discussion. Individual Council Members expressed their views. 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 the construction of the Mormon Trek Boulevard concrete pavement rehabilitation project. No one appeared. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-112, Bk. 119, p. 112, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD CONCRETE PAVEMENT REHABILITATION 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. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Scanlon Gymnasium Complex in Mercer Park. Architect Kevin Mortson presented information and drawings of the project. Moved by Thornberry, seconded by Norton, to adopt RES. 98-113, Bk. 119, p. 113, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCANLON GYMNASIUM Council Activities March 24, 1998 page 6 COMPLEX IN MERCER PARK, 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. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Thornberry, Vanderhoef, Champion, Lehman, Norton, O'Donnell. Nays: Kubby. Absent: None. A public hearing was held on a resolution authorizing the conveyance of 1702 California Avenue, also described as lot 36, Part I-A, Mt. Prospect Addition, to the tenant. No one appeared. Moved by Kubby, seconded by Norton, to adopt RES. 98-114, Bk. 119, p. 114, AUTHORIZING CONVEYANCE OF 1702 CALIFORNIA AVENUE, ALSO DESCRIBED AS LOT 36, PART l-A, MOUNT. PROSPECT ADDITION, TO THE TENANT. 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 ORD: 98-3827, Bk. 41, p. 7, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," BY AMENDING SECTION 12 THEREIN TO MODIFY LANE USE CONTROL AND PAVEMENT MARKINGS ON MELROSE AVENUE FROM UNIVERSITY HEIGHTS TO BYINGTON ROAD. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Norton, to accept correspondence from Donald Swanson, Mayor of University Heights. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Kubby, to adopt RES. 98-115, Bk. 119, p. 115, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DOVER, KOHL AND PARTNERS FOR A DESIGN PLAN FOR DEVELOPMENT OF THE PENINSULA. Asst. PCD Director Davidson. 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. 98-116, Bk. 119, p. 116, AUTHORIZING THE MAYOR TO SIGN AND THE CITY TO ATTEST THE SUPPLEMENT AND FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT INC. (FORMERLY THE AMERICAN COLLEGE TESTING PROGRAM INC.) CONCERNING ACT INC.'S MASTER DEVELOPMENT PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Kubby, to adopt RES. 98-117, Bk. 119, p. 117, AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD MAY 2, 1998. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities March 24, 1998 page 7 Moved by Thornberry, seconded by Norton, to adopt RES. 98-118, Bk. 119, p. 118, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WATER FACILITY SITE DEVELOPMENT - PHASE I.IMPROVEMENT PROJECT to Maxwell Construction, Inc. for $3,961,690.03. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 98-119, Bk. 119, p. 119, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS to Peterson Contractors for $205,941.41. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-120, Bk. 119, p. 120, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAID SAID BONDS. 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. 98-121, Bk. 119, p. 121, CERTIFYING UNPAID MOWING AND CLEAN-UP OF PROPERTY CHARGES, SIDEWALK REPAIR CHARGES, FROZEN WATER METER FEES AND WATER SHUT- OFF FEES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously-announced vacancies: P&Z Comm. - two vacancies to fill five-year terms ending May 1, 2003. These appointments will be made at the April 7 Council meeting. Design Review Comm. - one vacancy for a business owner to fill a term ending July 1, 2001. This appointment will be made at the April 21 Council meeting. Moved by Vanderhoef, seconded by Kubby, to appoint Ursula Delworth, 418 5th Ave., to the Animal Control Advisory Bd. to fill a three-year term ending April 5, 2001; appoint Jim Pusack, 4750 Iverness Ct., to the Broadband Telecomm. Comm. to fill an unexpired term ending March 13, 1999; and to re-advertise the vacancy on the Historic Preservation Comm. to fill a three-year term ending March 29, 2001, representing the Summit Street District. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Norton noted the heavy workload of the PCRB and would try and figure something out with staff. Norton also asked that the SEATS negotiation team keep in mind sharing vehicles and incorporating fixed routes and our paratransit into discussions. Council Member Vanderhoef referenced the February 26 goal setting minutes and clarified that "the housing fund" should have been listed as an issue forwarded back to the Housing Commission for additional information, rather than listed as a Council Activities March 24, 1998 page 8 goal. She also thanked Council and the community for all of the well-wishes received during her husband's illness, and reported he was getting better every day. Council Member Kubby reported that cable television subscribers would be receiving refunds because of the local oversight of telecommunications bills, but noted that oversight was lobbied away with the passage of the 1996 Telecommunications Act. Kubby noted the 50th anniversary of the United Nations Declaration of Human Rights and a public meeting scheduled for April 2 to discuss a living wage for Johnson County. Council Member O'Donnell wished the SEATS negotiating team good luck in their discussions. Mayor Lehman reported on his attendance at the Junior Special Olympics Banquet on March 20, and acknowledged Econofoods, River Products, L.L. Pelling and General Mills for their support; congratulated West High School for their victory in the State Boys Basketball Tournament; recognized the Kirkwood Men's basketball team for winning the National Championship in the Junior College Division; and the University of Iowa Wrestling Team for finishing first in the NCAA tournament. The Mayor asked that the matter of controlling beer kegs be placed on the agenda for April 6. Council Norton encouraged citizens to watch the movie "Back From the Brink: Saving America's Cities by Design" on Channel 4. Council'Member O'Donnell noted that the Solon Girls basketball team had also won a State Championship. Council Member Kubby acknowledged City High students that won Business Fair Awards recently. City Clerk Karr distributed copies of the Council revised meeting schedule per Council discussion on March 23. The Mayor stated the schedule would be confirmed at Council's special work session on March 25. Moved by Thornberry, seconded by Norton, to adjourn 9:15 p.m. The Mayor declared the motion carried unanimously, 7/0, al Council Members present. Ernie W. Lehman, Mayor Marian K. Karr, City Clerk