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HomeMy WebLinkAbout1998-04-28 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 28, 1998 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry (6:35 p.m.), Vanderhoef. Staffmembers present: Atkins, Helling, Dilkes, Karr, Gullland, Franklin, Yapp, Nasby, Head, Barnes, Yucuis, Grosvenor, Long, Schmadeke, Davidson, Furman, Powers. Council minutes tape recorded on Tapes 98-60 & 98-61, Both Sides; 98-62, Side 1. Moved by Vanderhoef, seconded by Norton, to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property, the minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed; and 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. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the motion carried and adjourned to executive session 6:33 p.m. Council returned to open session 6:45 p.m. The Mayor presented Citizenship Awards to Robert Lucas Elementary School students: Camille Jordan, Rusty Licht, Derek Ma. The Mayor presented a Certificate of Appreciation to Lori Lacina of Iowa State Bank & Trust Company and New Owner Billie Booth as participants in the Tenant-to- Ownership Program; and an Outstanding Achievement in Accident Prevention from the Iowa-Illinois Safety Council to Earlis Stockman and Jim Wells. The Mayor proclaimed West High Trojans Boys Basketball Team Recognition Day - April 29, Coach Steve Bergman and team members accepted; Crisis Center Week - April 27-May 3, Ellen McCabe accepted; Bicycle Month - May, Todd Black accepted, Historic Preservation Week - May 10-1 6, Lars Anderson accepted; Workers Memorial Day - April 28, Richard Byers accepted. Mayor Lehman and Council expressed sympathy to Capt. Tom Widmer and family on the loss of their son. Moved by Thornberry, 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 a regular meeting of April 7, and the special meeting April 13, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Broadband Telecomre. Comm. - March 23; Bd. of Adjustment - March 11, April 8 Lowell Brandt be appointed as the Board's representative to the Johnson County/Iowa City Airport Zoning Board of Adjustment Bd. of Appeals - March 2; Bd. of Library Trustees - March 26; P&Z Comm. - March 19, April 2, April 16; PCRB - March 31 Council Activities April 28, 1998 page 2 Receive PCRB Report on Complaint #98-3 PCRB -April 7, April 15 Receive PCRB Reports #98-4, #98-5, and #98-7 PCRB - April 21 Receive PCRB Report #98-6 Riverfront & Natural Areas Comm. - March 9, March 18. Public Art Advisory Comm. - February 26, April 2. Permit Motions: Class A Liquor License for Loyal Order of Moose Lodge #1096, 950 Dover St. Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss St. Class B Beer Permit for Chill & Grill, 206 N. Linn St. Class C Beer Permit for Deli Mart #3, 2410 Mormon Trek Blvd. Class C Liquor License for Sam's Pizza, 321 S. Gilbert St. Class C Liquor License for Ellers, 1578 First Ave. RES. 98-141, Bk. 119, p. 141, ISSUE CIGARETTE PERMIT. RES. 98-142, Bk. 119, p. 142, ISSUE DANCING PERMIT. Setting Public Hearings: RES. 98-143, Bk. 119, p. 143, SETTING PUBLIC HEARING for May 12 ON AMENDING THE FY98 OPERATING BUDGET. Setting a public hearing for May 12 on a resolution adopting local homeless preference for applicants at the Iowa city housing authority. Resolutions, Bk. 119: RES. 98-144, p. 144, 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, IOWA FOR THE PROPERTY LOCATED AT 826 RIDER STREET, IOWA CITY, IOWA. RES. 98-145, p. 145, 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, IOWA FOR PROPERTY LOCATED AT 3351 WINTERGREEN AVENUE, IOWA CITY, IOWA. RES. 98-146, p. 146, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A SURVEY/EVALUATION OF THE EARLY NEIGHBORHOOD NORTHEAST OF THE ORIGINAL TOWN PLAT, PHASE Ill. RES. 98-147, p. 147, ACCEPTING THE WORK FOR THE WELL HOUSE IMPROVEMENTS PROJECT IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT. RES. 98-148, p. 148, ACCEPTING THE WORK FOR THE MONTGOMERY-BUTLER HOUSE STABILIZATION PROJECT. Motions: APPROVE DISBURSEMENTS IN THE AMOUNT OF $7,903,946.19 FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 1998, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. Correspondence: Bruce Glasgow regarding sewer and water billing procedure. Mildred Flynn regarding parking garage. Jennifer Williams (Pepperwood Neighborhood Association) regarding Neighborhood Services Office restructuring. David Darr and Doug Brown regarding northwest corner 1st and Muscatine alley purchase offer. Michaelanne Widness regarding conflict of interest. Joan Jehle regarding People-to-People Program. Stephen Sanders regarding clean-up. JCCOG Council Activities April 28, 1998 page 3 Traffic Engineering Planner: regarding signalization of intersection of Melrose Avenue and Melrose Court; signalization of intersection of Benton Street and Capitol Street. Civil Service Commission submitting certified lists of applicants for the following position(s): Maintenance Worker I - Parking; Mass Transit Operator; Karl Kuhlmann regarding notification. Senator Tom Harkin regarding food safety (previously distributed 04-17 as IP#12). Catherine Johnson regarding downtown issues. Steven Rohrbach regarding Civic Center expansion project. Denied Applications for Use of City Streets and Public Grounds: Andy DeTong (Delta Epsilon Phi car wash) - April 24 & 25. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Bluford Adams, 312 Fairview Ave., presented a petition signed by 550 individuals to save the Harmon Building and the Cottage and opposing the parking facility at the corner of Iowa Ave. and Linn St. Moved by Kubby, seconded by Champion, to accept the petition. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Eric Gidal, 714 N. Johnson St. and Millie Flynn, 320 E. Washington St. also appeared with concerns regarding the proposed parking facility at Iowa/Linn. Deborah Schoenfelder, Senior Center Commission, briefed Council on activities at the Center. Christopher Thodos, 1909 Delwood Dr., appeared and asked a survey be done at the Hwy. 6/Sycamore St. regarding the timing of the traffic light, noting that increased traffic with the soccer fields has created problems. Staff will follow-up. Terry Hale, 230 N. Gilbert St., appeared regarding affordable housing issues, "Re-Habitat for Humanity", and possible inclusion of the 200 block of N. Gilbert St. into a Historic Preservation District. Staff will follow-up on the question on the Historic Preservation District. Moved by Norton, seconded by Vanderhoef, to set a public hearing for May 12 on an ordinance amending Title 14, Chapter 6, Zoning, Article T, Nonconforming Uses, Structures and Land, Section 5, Regulation of Nonconforming Lots, by changing the regulation of nonconforming lots of record. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by O'Donnell, to set a public hearing for May 12 on an ordinance changing the zoning designation of approximately 5.4 acres from Community Commercial (CC-2, 2.4 acres) and General Industrial (I-1, 3.0 acres) to Public (P) for property owned by Kirkwood Community College at 1806, 1810, 1814, and 1816 Lower Muscatine Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance changing the zoning designation on a 10-acre tract located on the south side of Melrose Avenue and west of West High School (Melrose Retirement Community). Jim Leavy, Newbury Development Company, appeared. Moved by Thornberry, seconded by Norton, that the 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), be given first vote for consideration. Council Activities April 28, 1998 page 4 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Norton, that the 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. 98-3830, Bk. 41, p. 10, 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 ©VERLAY-8 (OSA-8) TO PERMIT 32 DWELLING UNITS AND APPROVING A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN (Louis Condominiums), be voted on for final passage at this time. PCD Director Franklin present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Champion, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Nays: Kubby. Absent: None. Moved by Kubby, seconded by Vanderhoef, to accept the protest of rezonings (filed in the City Clerk's Office after the close of the public hearing) from Margaret MacDonald; Joyce Chiles; Wendelin Guentner; Pete & Amy Wilson; and a letter from Michael Hodge. Moved by Thornberry, seconded by O'Donnell, that the ordinance be adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, 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 second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Norton, that the ordinance 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 second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by O'Donnell, to forward a letter to Johnson County recommending approval of an application to rezone 10 acres from A-l, Rural, to RS-10, Suburban Residential, for property located within Fringe Area B on Wapsi Avenue north of its intersection with Lower West Branch Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, to forward a letter to Johnson County recommending approval of an application to rezone 3.94 acres from A-l, Rural, to RS- 10, Suburban Residential, for property located within Fringe Area B on Utah Avenue north of Herbert Hoover Highway. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Activities April 28, 1998 page 5 A public hearing was held on the FY99 Annual Action Plan, including the FY99 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Budget, for Iowa City, Iowa. The following individuals appeared: Charles Eastham, 1152 E. Court; Bob Burns, 319 E. Washington St., owner/architect of Iowa City IHA Senior Housing Project; Atty. John Hayek, 120 1/2 E. Washington St., rep. Riverview Place Partners; Jason Friedman, 1812 Gryn Dr., Institute for Social and Economic Development; Julia Rembert, 4510 Napoleon St. SE; and Gretchen Schmuch, Housing & Community Development Commission Chairperson. Community Development Coordinator Head and Housing Adm. Grosvenor present for discussion. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from: Holly Hart, Emergency Housing Project; Institute for Social & Economic Development; and Bob Burns, Iowa City IHA Senior Housing. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Vanderhoef, to continue the public hearing to May 12. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on proposed amendments to the flood insurance rate maps. The following individuals appeared: Joye McKusick, 820 W. Park Rd. and Larry Morgan, Shive Hattery. PW Director Schmadeke present for discussion. Moved by Kubby, seconded by Thornberry, to accept correspondence from: Joye Ashton McKusick. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by O'Donnell, to continue the public hearing to May 12. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of Court Street Extended, Phase I Improvements. The following individuals appeared: Ted Rittenmeyer, 3621 E. Court, and Chris Steffan, MMS Consultants. Asst. PCD Director Davidson present for discussion. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-149, Bk. 119, p. 149, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF COURT STREET EXTENDED, PHASE I IMPROVEMENTS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. The Mayor declared the resolution adopted, 6/1, with the following division or roll call vote: Ayes: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. Nays: Kubby. Absent: None. Moved by Vanderhoef, seconded by Kubby, 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 the ORD. 98-3831, Bk. 41, p. 11, VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE, 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 Vanderhoef, seconded by Kubby, that the Council Activities April 28, 1998 page 6 ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a resolution authorizing the conveyance of 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. No one appeared. Moved by O'Donnell, seconded by Thornberry, to adopt RES. 98-150, Bk. 119, p. 150, AUTHORIZING CONVEYANCE OF 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. 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 authorizing conveyance of 2258 Russell Drive, also described as Lot 204, Part 5 Hollywood Manor Addition, to the Tenant. No one appeared. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-151, Bk. 119, p. 151, AUTHORIZING CONVEYANCE OF 2258 RUSSELL DRIVE, ALSO DESCRIBED AS LOT 204, PART 5, HOLLYWOOD MANOR 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 O'Donnell, to adopt RES. 98-152, Bk. 119, p. 152, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND STANLEY CONSULTANTS INC. OF MUSCATINE, IOWA FOR A TRAFFIC STUDY OF THE SOUTH GILBERT STREET CORRIDOR BETWEEN BENTON STREET AND STEVENS DRIVE. 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. 98-153, Bk. 119, p. 153, RENAMING A STREET JAKES WAY. 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. 98-154, Bk. 119, p. , 154, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPANY OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSTRUCTION SURVEY AND ENGINEERING CONSULTING SERVICES DURING CONSTRUCTION OF THE WATER FACILITY SITE DEVELOPMENT - PHASE I IMPROVEMENT PROJECT. 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. 98-155, Bk. 119, p. 155, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AMENDMENT NUMBER 1 TO THE AGREEMENT DATED FEBRUARY 11, 1997, BETWEEN STANLEY CONSULTANTS, INC., OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF THE WILLOW CREEK INTERCEPTOR SEWER PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities April 28, 1998 page 7 Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-156, Bk. 119, p. 156, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK ATTEST AN AGREEMENT BETWEEN MMS CONSULTANTS, INC. OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY, IOWA TO PROVIDE CONSTRUCTION SURVEY SERVICES FOR THE WILLOW CREEK INTERCEPTOR AND LATERAL SEWERS PROJECT. 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. 98-157, Bk. 119, p. 157, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK ATTEST AMENDMENT NUMBER 2 TO THE AGREEMENT DATED NOVEMBER 23, 1993, BETWEEN HOWARD R. GREEN COMPANY AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITIES. 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. 98-158, Bk. 119, p. 158, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WILLOW CREEK INTERCEPTOR AND LATERAL SEWERS PROJECT to Kenko for 97,326,298.47. 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. 98-159, Bk. 119, p. 159, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD CONCRETE PAVEMENT REHABILITATION PROJECT to Cedar Falls Construction Co. for 9154,656.00 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 Vanderhoef, to adopt RES. 98-160, Bk. 119, p. 160, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SCANLON GYMNASIUM COMPLEX IN MERCER PARK to Selzer~Werderitsch Construction for 91,454,300. 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. 98-161, Bk. 119, p. 161, AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY PLAN (add Special Projects Inspector II; delete Special Projects Inspector). PW Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-162, Bk. 119, p. 162, AWARDING ARCHITECTURAL CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR COMPLETING CONTRACT DOCUMENTS PHASE OF THE CIVIC CENTER THIRD FLOOR AND POLICE DEPARTMENT SECOND FLOOR EXPANSION PROJECT. Individual Council Members expressed their Council Activities April 28, 1998 page 8 views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Norton, O'Donnell, Thornberry, Champion, Lehman. Nays: Vanderhoef, Kubby. Absent: None. Moved by Vanderhoef, seconded by Thornberry, to accept correspondence from Robert Carlson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Thornberry, to adopt RES. 98-1 63, Bk. 119, p. 163, CERTIFYING UNPAID WATER, WASTEWATER, SOLID WASTE AND RECYCLING CHARGES, INCLUDING FEES AND PENALTIES, TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Norton, to accept correspondence from Bruce Glasgow, and the response from Customer Service Mgr. Furman. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-1 64, Bk. 119, p. 164, RESCINDING RESOLUTION 92-316 AND ESTABLISHING A NEW POLICY FOR USE OF FUNDS DERIVED FROM HOTEL-MOTEL TAX (50% - Police protection, 25% Convention & Visitor's Bureau, 25% Parks & Recreational Facilities). 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. Moved by Thornberry, seconded by Kubby, to adopt RES. 98-1 65, Bk. 119, p. 165, ASSESSING LIQUIDATED DAMAGES AGAINST CABLEVISION VII, INC. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Historic Preservation Comm. one vacancy representing the Brown Street District to fill an unexpired term ending March 29, 1 999. The Mayor noted the appointment to the Design Review Comm. for a business owner/property owner to fill a term ending July 1, 2001, will be re-advertise. Moved by Champion, seconded by Kubby, that Council Member Vanderhoef replace Council Member Champion on the Iowa City/Coralville Convention Bureau. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Kubby announced activities planned for May Day; and reminded citizens of the Project Green Garden Fair on May 9. Council Member 0'Donnell stated Council would be participating in the Ronald McDonald fund-raiser June 13 and 14; and thanked KCJJ for their efforts in collecting $4000 and 4000 lbs. of food for the Crisis Center. Council Member Thornberry requested Council consideration of odd/even days parking on certain residential streets. After discussion, Council agreed to have Thornberry furnish a list of streets to staff for follow-up. Council Member Vanderhoef acknowledged City employee Steve Roberts who was recently names State Association of Parks & Recreation outstanding maintenance person, and noted the accomplishments of the present chair of Parks & Recreation Council Activities April 28, 1998 page 9 Commission, Matt Pacha, for his efforts in securing private and public funds for building of the Mercer Park addition. Council Member Norton thanked resigning Historic Preservation Member John Shaw for his work on the Commission; acknowledged the recent "Downtown Guide" and commended Economic Development Coordinator Schoon; and noted the approach to the Dodge Street bridge needed repair. Mayor Lehman reported on a meeting he attended with Council Member O'Donnell and Champion on neighborhood issues; reported on Arbor Day activities; reminded citizens of the Crisis Center breakfast scheduled May 3 and the charette planned May 2 on development of peninsula property; and noted the County was setting up a committee on SEATS and stated Council Members O'Donnell and Norton will represent Council on that committee. The City Mgr. asked drivers to slow down their speed when traveling in construction areas. The Mayor and Council wished City Atty. Dilkes a Happy Birthday. Moved by Thornberry, seconded by Vanderhoef, to adjourn 10:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all C]~!cil Members pre~~ Ernest W. Lehman, Mayor Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5043. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/7/98 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. The Mayor presented 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 and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of 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 646,000 and not increase subscriber's rates in areas in which the system is upgraded before the entire system upgrade is complete. One half Council Activities April 7, 1998 page 2 of the $46,000 will be rebated to subscribers, or approximately $1.30 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). Permit Motions: Class C Liquor License for Panchero's, 32 S. Clinton St. Outdoor Service Area for Panehero'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, 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 Council Activities April 7, 1998 page 3 (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) BUDGET, FOR IOWA CITY, IOWA. RES. 98-123, SETTING A PUBLIC HEARING 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, 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, 1998. RES. 98-125, 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, 1998. Resolutions: RES. 98-126, 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, 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, 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, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF Council Activities April 7, 1998 page 4 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 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. The Mayor declared the motion carried and repeated the public hearings as set. Moved and seconded to continue to April 28 a public hearing on an ordinance conditionally changing the zoning designation on a l O-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. A public hearing was held on an ordinance conditionally changing the zoning at 500 Foster Road. Larry Schnittjer, MMS Consultants, appeared. Council Activities April 7, 1998 page 5 Moved and seconded that the ordinance conditionally changing the zoning designation on a 4.46-acre tract located at §00 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, be given first vote for consideration. 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. Moved and seconded 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, be given first vote for consideration. The Mayor declared the motion carried. A public hearing was held on an ordinance changing the zoning designation on approximately 24.12 acres. Atty. Joe Holland, representing the developer, appeared. Moved and seconded 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, be given first vote for consideration. The Mayor declared the motion defeated. Moved and seconded 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. The Mayor declared the motion carried. Council Activities April 7, 1998 page 6 Moved and seconded 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, 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. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from: Karl Kuhlman & Dibbern; Kirsten Frey, representing Plum Grove Acres. The Mayor declared the motion carried. Moved and seconded 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, AMENDING 'DHE ZONING CHAPTER BY CONDITIONALLY AMENDING THE USE REGULATIONS AND THE APPROVED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR LOT 51 OF WALDEN HILLS, A 2.9 ACRE PROPERTY LOCATED IN THE SENSITIVE AREAS OVERLAY ZONE (OSA-8) AT THE NORTHEAST CORNER OF SHANNON DRIVE AND IRVING AVENUE. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 98-130, APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 51, WALDEN HILLS, IOWA CITY, IOWA. Moved and seconded to accept correspondence from Bill Happel, Walden Hills Associates. The Mayor declared the motion carried. Moved and seconded to adopt RES. 98-131, APPROVING FINAL PLAT OF A RESUBDIVlSION OF LOT 51, WALDEN HILLS, IOWA CITY, IOWA. Moved and seconded to adopt RES. 98-132, APPROVING THE EXTRATERRiTORIAL FINAL PLAT OF WESTCOTT HEIGHTS, JOHNSON COUNTY, IOWA. Council Activities April 7, 1998 page 7 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. Moved and seconded 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. 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. Moved and seconded to adopt RES. 98-133, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENT PROJECT 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. 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; Larry Wilson, Riverfront & Natural Areas Commission. Moved and seconded to adopt RES. 98-134, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK, STP-E- 3715(9)-8V-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE. Moved and seconded 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 Council Activities April 7, 1998 page 8 *revised 4/28/98 Langholdt, 406 Elmira; and Ted Rittenmeyer, 3621 E. Court. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Rick & Donita Langholdt, Ted Rittenmeyer & Priscilla Wright, Bob & Barbara RoeIf, and Tim Smith. The Mayor declared the motion carried. A public hearing was held on a resolution conveying 1417 Pine St. Moved and seconded to adopt RES. 98-135, AUTHORIZING CONVEYANCE OF 1417 PINE STREET, ALSO DESCRIBED AS LOT 45, BLOCK 3, SECOND HIGHLAND DEVELOPMENT ADDITION, TO THE TENANT. Moved and seconded to adopt RES. 98-136, 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. Moved and seconded to adopt RES. 98-137, AUTHORIZING THE MAYOR TO SIGN AND THE 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]. Moved and seconded to adopt RES. 98-138, APPROVING THE DESIGN OF EXTERIOR SIGNAGE AT 112 SOUTH DUBUQUE STREET. Moved and seconded to adopt RES. 98-139, 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. 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 and seconded to re-appoint Pain Ehrhardt, 1029 E. Court St., and 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 Council Activities April 7, 1998 page 9 three-year term ending March 29, 2001, representing the Summit Street District. The Mayor declared the motion carried. Moved and, seconded to adjourn 9:25 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernie W. Lehman, Mayor s/Marian K. Karr, City Cler.k Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5043. The cost of publishing the following proceed- ings and claims is $ . Curru- lative cost for this calendar year for said publi- cation is $ OFFICIAL COUNCIL ACTIONS - 4/13/98 Iowa City City Council, special meet- ing, 2:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Moved and seconded to adopt RES. 98-140, APPROVING A PROPOSED 28-E AGREEMENT AND SIDE LETTER OF AGREE- MENT FOR PARATRANSlT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 1998 THROUGH JUNE 30, 2003 IN SUBSTANCE AND AUTHORIZING THE MAYOR TO EXE- CUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. Moved and seconded to adjourn the special meeting 2:20 p.m. The Mayor declared the motion carried. A more complete description of Council activities if on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Mari.~K. Ka,rr, City C!e~rk./j Submitte ~i~-for publication - 4/21/98~2 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 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 $1.30 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 Kubb¥, 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 OverlawS (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, 20-1or 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 & Donira 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)--SN-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. Atkins 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 Thorn berry 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 Ernie W. Lehman, Mayor 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 at 356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 13, 1998 Iowa City City Council, special meeting, 2:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Arkins, Helling, Dilkes, Karr, Craig, Davidson, Yucuis, Franklin. Council minutes tape recorded on Tape 98-56, Side 1. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-140, Bk. 119, p. 140, APPROVING A PROPOSED 28-E AGREEMENT AND SIDE LETTER OF AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 1998 THROUGH JUNE 30, 2003 IN SUBSTANCE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. 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 O'Donnell, to adjourn the special meeting 2:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Council Activities April 7, 1998 page 7 vote unanimous, 7/0, all Council Members present. The Mayor decll the resolution adopted. The Mayor noted the previously-announced vacancies: De,, n Review Comm. - one va~ for a business owner to fill a term ending Jul' 2001. This appointment e made at the April 28 Council meeting. Moved by ef, seconded by Norton, to re-appo Pam Ehrhardt, 1029 E. Court St. !d Cole, 1450 Laura Dr., to the P&Z to fill five-year terms ending May 1appoint Michael Gunn, 1011 Ave., to the Historic Preservation ~mm. to fill a three-year term em ,g March 29, 2001, representing the Summ Street District. The Mayor decl red the motion carried unanimously, 7/0, all il Members present. Council Member lion asked if a me~ had been set with the negotiating team for the and County on SEAT~ City Mgr. Atkins stated a meeting had been set for April Council Member y ~ted appreciation P&Z Commissioner George Starr who term expired; citizens of next session scheduled in the Women's Resource and Action C~ ~ter Social ange Training, April 24-26; noted observance of "National Day of ,ce" spor ~red by the Feminist Union on April 8; and thanked the Senior Center and Council of Elders for allowing her to utilize the lower lobby of the for her office hours. Council Member O'Donnell than City Mgr. Atkins for responding to his call on a handicapped individual unable ride SEATS, noting that the individual had now qualified for the service. Council Member Vanderhoef r~ at the Senior Center on April 8 to ~cuss Iowa Streets; and acknowledged new Ticketed" starting April 1 g youths citizens of a Council of Elders meeting proposed parking facility at Linn and e Department program "You've Been :hibiting commendable behavior and rewarding them with tickets Council Member Th~ Commission meeting on A Council Member at Sycamore Mall and entertainment, ,od or beverages. stated he be attending the Airport 9, and encouraged :~zens in the airport to attend. reported on his atter at the Children's Museum ged people to the demonstration; reminded citizens of the ,.movie from the Brink: Savin° ,America's Cities by Design" being aired on ,hann/e and reminded Councilors of thor commitment to perform in the Ronald Mc )on~'d House fund-raiser June 13 & 14,~with rehearsals scheduled Junell &12../ ~ Mayor Le.~man. reported on a phone call from an if~lividual living in Capitol Apartments st~ing that the pedestrian light at Burlington an~ Clinton was too short and asked st~ff to check it; noted the Dee Norton would be r~,presenting Council at a meeting ~'OId Brick on April 25 to discuss the future of OId~Brick; and reminded the public ~at the next formal Council meeting would be April 2~. Mi I by Kubby, seconded by Champion, to adjourn 9:25~,p.m. The Mayor declare1 motion carried unanimously, 7/0, all Council Members ~ent.