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HomeMy WebLinkAbout1998-05-12 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 MAY 12, 1998 Iowa City City Council, special meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr Franklin, Winkelhake, Boothroy, Grosvenor, Fosse, Shank, Yucuis, McClure. Council minutes tape recorded on Tapes 98-54, Side 2; 98-62, Side 2; 98-69, Both Sides The Mayor extended sympathy to the family of the late City Controller Craig Standish. The Mayor presented the Student Citizenship Awards to' Longfellow Elementary: Zach Buxton, Dirk Marpie, Carolyn Minchk. The Mayor proclaimed Older Americans Day - May 13, Charity RowIcy accepted; Peace Officers Memorial Day - May 15, Police Chief Winkelhake accepted. Council Member Vanderhoef noted American Nurses Week also. 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 April 28, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Comm. - March 23. Bd. of Library Trustees - March 26. Public Art Advisory Comm. - April 9. Permit Motions: Class C Liquor License for Colonial Lanes, 2253 Old Highway 218 South. Class C Liquor License for Linn Street Cafe, 121 N. Linn St. Class E Beer Permit for John's Grocery, 401 E. Market St. Class C Beer Permit for Suburban AMOCO, 370 Scott Ct. Class C Beer Permit for Wareco /1446, 828 S. Dubuque St. Resolutions, Bk. 119: RES. 98-166, p. 166, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE CO. D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFi~. RES. 98-167, p. 167, ACCEPTING THE WORK FOR CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT. RES. 98-168, p. 168, AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO ACT ON THE CITY'S BEHALF IN SECURING PERMITS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS. RES. 98-169, p. 169, AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT RENTAL CERTIFICATE PROGRAM AND RENTAL VOUCHER PROGRAM: PROJECT RENEWAL IAO22V08001. Correspondence: Jesse Singerman (Library/CenterSpace Building Committee) regarding referendum. Lesley Menninger regarding Iowa Avenue parking garage. Judy Pfohl and Marcia Akeson (Ty'n Cae Neighborhood) Council Activities May 1 2, 1998 Page 2 regarding neighborhood associations. Michaelanne Widness regarding neighborhood associations. JCCOG Traffic Engineering Planner: New Madison Street Parking Meters; Tow Away Zone on Grand Avenue Court; Stop Sign Installation on Otto Street at WooIf Avenue. Civil Service Commission submitting certified lists of applicants for the following position(s): Treasury Cashier; Mail Clerk. Carl Klaus regarding Goosetown's contribution to the City of Iowa City. Mary Lewis, Grantwood Neighborhood Association regarding Neighborhood Associations. Gregory Kovaciny, Bicyclists of Iowa City, regarding College/Linn Streets angle parking. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Tim Wolfe, Iowa City Cleanup & Transfer, submitted a letter requesting the City lower landfill rates. Council requested staff schedule the matter for a future work session. Mark Johnson, Johnson Builders, submitted a request for creating harmony and consistency between builders and the City of Iowa City. Council requested the ad hoc committee formed earlier report back to Council after review of the material submitted. Moved by Thornberry, seconded by Kubby, to accept correspondence from Tim Wolfe and Mark Johnson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending Title 14, Chapter 6, Zoning, Article T, Nonconforming Uses, Structures and Land, Section 5, Regulation of Nonconforming Lots, by changing the regulation of nonconforming lots of record. No one appeared. Moved by Norton, seconded by Thornberry, to accept correspondence from Steve & Barbara van der Woude. 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 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 181 6 Lower Muscatine Road. No one appeared. Moved by Thornberry, seconded by Vanderhoef, 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-S) to permit an ~0 dwelling unit retirement community (Melrose Retirement Community), 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 adopt ORD. 98-3832, Bk. 41, p. 12, 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). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Council Activities May 12, 1998 Page 3 Moved by Norton, seconded by Vanderhoef, to adopt RES. 98-170, Bk. 119, p. 170, APPROVING THE PRELIMINARY PLAT OF WALNUT RIDGE, PARTS SIX AND SEVEN, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by O'Donnell, to adopt ORD. 98-3833, Bk. 41, p. 13, CHANGING THE ZONING DESIGNATION FOR APPROXIMATELY 66.68 ACRES LOCATED AT THE NORTH TERMINUS OF KENNEDY PARKWAY BY APPROVING A NEW PRELIMINARY PLANNED DEVELOPMENT HOUSING (OPDH) PLAN FOR PARTS 6 AND 7 OF WALNUT RIDGE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Thornberry, seconded by Norton, to adopt RES. 98-171, Bk. 119, p. 171, APPROVING FINAL PLAT OF WALNUT RIDGE, PART SIX, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 98-172, Bk. 119, p. 172, APPROVING FINAL PLAT OF WALNUT RIDGE, PART SEVEN, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on proposed amendments to the flood insurance rate maps. City Engr. Fosse present for discussion. Sulo Wiittala, Shive Hattery and Joye McKusick, 820 W. Park Rd. appeared. A public hearing was held on amendments to the FY98 Operating Budget. Finance Director Yucuis present for discussion. Moved by Kubby, seconded by O'Donnell, to adopt RES. 98-173, Bk. 119, p. 173, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1998 (AS AMENDED LAST ON SEPTEMBER 9, 1997). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on Iowa City's FY99 Annual Action Plan. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Gretchen Schmuch, Housing & Community Development Comm. The Mayor declared the motion carried. Moved by Thornberry, seconded by Kubby, to adopt RES. 98-174, Bk. 119, p. 174, ADOPTING IOWA CITY'S FY99 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. Council thanked Housing & Community Development Commission members for their work. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on local homeless preference for applicants at the Iowa City Housing Authority. No one appeared. Moved by Kubby, seconded by Thornberry, to adopt RES. 98-175, Bk. 119, p. 1'75, AUTHORIZING THE ADOPTION OF THE CHANGES TO THE SECTION 8 Council Activities May 12, 1998 Page 4 ADMINISTRATIVE PLAN AND PUBLIC HOUSING ADMISSION AND OCCUPANCY PLAN FOR THE IOWA CITY HOUSING AUTHORITY PROGRAMS. HIS Director Boothroy and Hsg. Adm. Grosvenor present for discussion. Moved by Thornberry, seconded by Champion, to amend the resolution by deleting item //4, changing the definition of family, and deferring indefinitely. Motion by Kubby to table died for lack of a second. Motion by Thornberry to call the question withdrawn. The following individuals appeared: Janelie Rettig, 3013 Cornell Ave.; Pat Harvey, Human Rights Commission Chairperson; Jeremy Price, COGS, University Graduate Students Union and Socialists Org., presented a petition supporting housing assistance for same sex partners and low minimum rent standard; Osha Davidson, 145 Governor St.; Jim Throgmorton; Carl Beyerhelm; Dave Hemingway, St. Louis; and Margaret Loose, University Graduate Students Union and COGS, 1103 ¥2 Marcy St. The Mayor declared the motion to delete //4 and defer that item indefinitely defeated, 3/4, with the following division of voice vote: Ayes: Thornberry, O'Donnell, Lehman. Nays: Vanderhoef, Norton, Kubby, Champion. Absent: None. Moved by Kubby, seconded by Norton, to amend the resolution to decrease the minimum rent from the proposed $50 to $35. The Mayor declared the motion to amend defeated, 2/5, with the following division of voice vote: Ayes: Norton, Kubby. Nays; Champion, Lehman, O'Donnell, Thornberry, Vanderhoef. Absent: None. Moved by Vanderhoef, seconded by Kubby, to separate item //4, definition of family and vote on it separately. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous on the resolution as amended, 7/0, all Council Members present. The Mayor declared the amended resolution adopted. Moved by Kubby, seconded by Norton, to adopt RES. 98-176, Bk. 119, p. 176, AUTHORIZING THE ADOPTION OF THE CHANGES IN THE DEFINITION OF FAMILY TO THE SECTION 8 ADMINISTRATIVE PLAN AND PUBLIC HOUSING AUTHORITY PROGRAMS. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Vanderhoef, Champion, Kubby, Norton. Nays: Lehman, O'Donnell, Thornberry. Absent: None. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from: David Gompper and Ching-chu Hu; and petition from Jeremy Price. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-177, Bk. 119, p. 177, AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND AMENDING THE AFSCME PAY PLAN. The following individuals appeared: Tairi Sackfield, AFSCME, distributed a copy of page 19 of the contract; Jan Apel, 230 S. Chestnut; and Jeanette Martinez. HIS Director Boothroy and Asst. City Mgr. Helling present for discussion. Moved by Kubby, seconded by Norton, to defer until June 16. The Mayor declared the motion defeated, 2/5, with the following division of voice vote: Ayes: Kubby, Norton. Nays: Champion, Lehman, O'Donnell, Thornberry, Vanderhoef. Absent: None. Motion by Thornberry to call the question died for lack of a second. 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. Council Activities May 12, 1998 Page 5 Moved by Thornberry, seconded by Norton, to adopt RES. 98-178, Bk. 119, p. 178, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENTS AND WEST PEPPERWOOD RELIEF SEWER PROJECT to Metro Pavers for $627,286.80. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 98-179, Bk. 119, p. 179, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT BURLINGTON STREET TO NAPOLEON PARK to Peterson Contractors for 91,312,306.32. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, O'Donnell, Vanderhoef, Champion. Nays: Thornberry. Absent: None. Moved by Thornberry, seconded by Champion, to adopt RES. 98-180, Bk. 119, p. 180, RESCINDING RESOLUTION NO. 98-162 WHICH AUTHORIZED THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH ROHRBACH, CARLSON P.C. FOR THE DOCUMENT PHASE OF THE CIVIC CENTER THIRD FLOOR AND POLICE DEPARTMENT SECOND FLOOR EXPANSION 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. 98-181, Bk. 119, p. 181, APPROVING A 28E AGREEMENT BETWEEN THE COUNTIES OF BENTON, CEDAR, IOWA, JOHNSON, JONES, LINN, AND WASHINGTON, AND THE CITIES OF CEDAR RAPIDS, IOWA CITY, AND CORALVILLE ESTABLISHING THE EAST CENTRAL IOWA EMPLOYMENTF AND TRAINING CONSORTIUM, OR THE PURPOSE OF ENHANCING EMPLOYMENT AND TRAINING OPPORTUNITIES IN EAST CENTRAL IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Civil Service Comm.: One vacancy to fill an unexpired term ending March 29, 1999; Historic Preservation Comm.: One vacancy representing the Brown Street District to fill an unexpired term ending March 29, 1999; Design Review Comm.: One vacancy for an owner of a business or property located in the Design Review District Downtown or Near South Side to fill a term ending July 1, 2001. These appointments will be made at the June 16 Council meeting. Council Member Norton reported on the peninsula development held over the past week, and his excitement on the project. Council Member Vanderhoef questioned when the video of the consultant sessions would be broadcast. Staff will follow-up. Mayor Lehman thanked the Parkview Evangelical Church for hosting the sessions. Norton stated he had received inquiries concerning the proposed Iowa Avenue parking facility and requested vacancy rates in existing parking facilities and a report on permit spaces. Staff will follow-up. Norton noted the memo from Civil Engr. Winstead regarding repair of railroad crossing and asked Council and staff to become more aggressive. Council Activities May 12, 1998 Page 6 Council Member Vanderhoef reported on recent visitors from Japan and Germany. Council Member Kubby encouraged citizens to participate in the Teddy Bear Drive; asked neighborhoods to utilize the new speed monitoring trailer; announced the City would be having a paint and household battery day in June; welcomed back skateboarders to the Civic Center lot after 6:00 p.m. each day; and asked for Park & Rec. input into parkland replacement as a result of cemetery expansion. Kubby stated she was contacted regarding increased use of the Mercer Park pool by the Iowa City Swim Club. Staff will follow-up. Kubby thanked Council Member Vanderhoef for her support of the changes made in the definition of family earlier in the Council meeting. Mayor Lehman reported on his lunch at the Senior Center and encouraged Council to take the opportunity. Council Member Norton stated he attended the Convention and Visitors Bureau session at City High. Council Member Vanderhoef questioned if Council had seen the new promotional material from the Bureau. Moved by Vanderhoef, seconded by Thornberry, to adjourn 9:45 p.m. The May or declared the motion carried unanimously, 7/~1 Council Me m~_r ,x~ent. ~rnie W. Lehman, Ma~:rr- 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 - 4/28/98 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. Moved and seconded 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. The Mayor declared the motion carried. 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 27oMay 3, Ellen McCabe accepted; Bicycle Month - May, Todd Black accepted, Historic Preservation Week - May 10-16, Lars Anderson accepted; Workers Memorial Day - April 28, Richard Byers accepted. Official Actions April 28, 1998 page 2 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 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 Telecomm. 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 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 LiquorLicense for Loyal Order of MooseLodge #1096, 950 Dover St. C~assC 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 Dell Mart #3, 2410 Mormon Trek Blvd. C~ass C Liquor License for Sam's Pizza, 321 S. Gilbert St. Class C Liquor License for Ellers, 1578 First Ave. RES. 98-141, ISSUE CIGARETTE PERMIT. RES. 98-142, ISSUE DANCING PERMIT, Setting Public Hearings: RES. 98-143, SETTING PUBLIC HEARING ON AMENDING THE FY98 OPERATING BUDGET. Setting a public hearing for May 12 on a resolution Official Actions April 28, 1998 page 3 adopting local homeless preference for applicants at the Iowa city housing authority. Resolutions: RES. 98-144, 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, 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, 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 III. RES. 98-147, ACCEPTING THE WORK FOR THE WELL HOUSE IMPROVEMENTS PROJECT IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT. RES. 98-148, 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 Official Actions April 28, 1998 page 4 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 Traffic Engineering P~anner: 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. 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 and seconded to accept the petition. The Mayor declared the motion carried. 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 Comm., 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. Terry Hale, 230 N. Gilbert St., appeared regarding affordable housing issues, "Re-Habitat for Humanity", and possible inclusion of the 200 block of N. Official Actions April 28, 1998 page 5 Gilbert St. into a Historic Preservation District. Moved and seconded 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. Moved and seconded 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. 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. Jim Leavy, Newbury Development Company, appeared. Moved and seconded 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, be given first vote for consideration. 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. 98-3830, 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. The Mayor declared the motion carried. Moved and seconded to accept the protest of rezonings from Margaret Official Actions April 28, 1998 page 6 MacDonald; Joyce Chiles; Wendelin Guenther; Pete & Amy Wilson; and a letter from Michael Hodgeo The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. The Mayor declared the ordinance adopted. 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 second vote for consideration. The Mayor declared the motion carried. Moved and seconded 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 second vote for consideration. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. 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, Official Actions April 28, 1998 page 7 1812 Gryn Dr., Institute for Social and Economic Development; Julia Reinbert, 4510 Napoleon St. SE; and Gretchen Schmuch, Housing & Community Development Commission Chairperson. Community Development Coordinator Head and Housing Adm. Grosvenor present for discussion. Moved and seconded 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. Moved and seconded to continue the public hearing to May 12. The Mayor declared the motion carried. 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. Moved and seconded to accept correspondence from: Joye Ashton McKusick. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to May 12. The Mayor declared the motion carried. 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. Moved and seconded to adopt RES. 98-149, 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. 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 the ORD. 98-3831, VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER Official Actions April 28, 1998 page 8 WHICH IS ADJACENT TO LINDER TIRE SERVICE, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. A public hearing was held on a resolution authorizing the conveyance of a vacated portion of the former Benton Street right-of4way between Riverside Drive and the Iowa River which is adjacent to Linder Tire Service to Henry Linder. Moved and seconded to adopt RES. 98-150, 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. 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. Moved and seconded to adopt RES. 98-151, AUTHORIZING CONVEYANCE OF 2258 RUSSELL DRIVE, ALSO DESCRIBED AS LOT 204, PART 5, HOLLYWOOD MANOR ADDITION, TO THE TENANT. Moved and seconded to adopt RES. 98-152, 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. Moved and seconded to adopt RES. 98-153, RENAMING A STREET JAKES WAY. Moved and seconded to adopt RES. 98-154, 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. Moved and seconded to adopt RES. 98-155, AUTHORIZING THE MAYOR TO Official Actions April 28, 1998 page 9 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. Moved and seconded to adopt RES. 98-156, 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. Moved and seconded to adopt RES. 98-157, 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. Moved and seconded to adopt RES. 98-158, 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. Moved and seconded to adopt RES. 98-159, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD CONCRETE PAVEMENT REHABILITATION PROJECT. Moved and seconded to adopt RES. 98-160, 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. Moved and seconded to adopt RES. 98-161, AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION Official Actions April 28, 1998 page 10 OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY PLAN. Moved and seconded to adopt RES. 98-162, 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. Moved and seconded to accept correspondence from Robert Carlson. The Mayor declared the motion carried. Moved and seconded to adopt RES. 98-163, 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. Moved and seconded to accept correspondence from Bruce Glasgow, and the response from Customer Service Mgr. Furman. The Mayor declared the motion carried. Moved and seconded to adopt RES. 98-164, RESCINDING RESOLUTION 92-316 AND ESTABLISHING A NEW POLICY FOR USE OF FUNDS DERIVED FROM HOTEL- MOTEL TAX. Moved and seconded to adopt RES. 98-165, ASSESSING LIQUIDATED DAMAGES AGAINST CABLEVISION VII, INC. The Mayor noted the current vacancies: Historic Preservation Comm. - one vacancy representing the Brown Street District to fill an unexpired term ending March 29, 1999. 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 and seconded that Council Member Vanderhoef replace Council Member Champion on the Iowa City/Coralville Convention Bureau. The Mayor declared the motion carried. Moved and seconded to adjourn 10:20 p.m. The Mayor declared the motion carried. A more complete description of Council Activities and disbursements is on file Official Actions April 28, 1998 page 11 in the office of the City Clerk and Finance Department. s/Ernest W. Lehman s/Mar_ian K..Karr, Cit~, ler~ Submit~ication 5/6/98 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 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, Guilland, 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 10-16, 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 Telecomm. Corem. - 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 Dell 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 III. 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 ¥anderhoef, 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 l O-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 (OPDHo8) 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 OVERLAY-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, 20-1or 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 ~7,326,298.47. 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 $154,656.00 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 $1,454,300. 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. 98-163, 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. 98-164, Bk. 119, p. 164, RESCINDING RESOLUTION 92-316 AND ESTABLISHING A NEW POLICY FOR USE OF FUNDS DERIVED FROM HOTEL-MOTEL TAX (50% o 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. 98-165, 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, 1999. 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 O'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 Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk