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HomeMy WebLinkAbout1999-05-04 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 4, 1999 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, Shank, Yapp, Franklin, Scott, Grosvenor, Fowler, Yucuis, Davidson. Council minutes tape recorded on Tape 99-52, Both Side; 99-53, Side 1. The Mayor proclaimed Bicycle Month - May, Linda Thomae accepted; Historic Preservation Week - May 9-15, Michaelanne Widness accepted; Cancer Survivors' Day - May 15, Bob Henderson accepted. The Mayor and Joyce Carman presented the Human Rights Poetry/Essay Contest winners: First Place in Poetry: Maeta Mufuame. First Place in Essay: Eric Peters. Honorable Mention in Poetry: Beth Kindig, Paola Moreno, Brie Nixon, Christopher Fuller, Elizabeth Dunbar, Kara Callahan, Honorable Mention in Essay: Ashley Calkins, Shikha Bhattacharjee, Anna Kudsk, Christine Bursch. Moved by Norton, seconded by O'Donnell, that the following items and recommendations on the Consent Calendar be received, or approved, and/or adopted as amended and to delete item 4d(1) a resolution setting a public hearing for May 18 on plans, specifications, form of contract, and estimate of cost for construction of the Police Waiting Area Renovations Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection; add item 4d(3) setting a public hearing for May 18, 1999 on amending the FY99 operating budget; and accept the added correspondence: Approval of Official Council Actions for the special meeting of April 19, and the regular meeting of April 20, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Bd. - February 18. Animal Control Advisory Bd. - April 22. Housing & Community Development Comm. - March 24. Human Rights Comm. - March 29, April 19, Bd. of Library Trustees - April 7. Telecommunications Cornre. - March 22. PCRB - April 13. Riverfront and Natural Areas Comm. - March 17. Rules Committee Report - April 20, 1999. Approve amended Riverfront and Natural Areas Commission By-Laws. Sr. Center Cornre. - March 16. Permit Motions: Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss St. Class C Liquor License for Mumm's Saloon & Eatery, 21 W. Benton St. Outdoor Service Area for Mumm's saloon & Eatery, 21 W. Benton St. Class C Beer Permit for Suburban AMOCO, 370 Scott Ct. Refund an unused portion of a Special Class C Liquor License for Zoey's Pizzeria, 1950 Lower Muscatine Rd. Complete Description May 4, 1999 Page 2 Setting Public Hearings: RES. 99-132, Bk. 121, p. 132, SETTING A PUBLIC HEARING for May 18 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF CONCESSION/RESTROOM BUILDINGS AT THE IOWA CITY KICKERS SOCCER PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 99-133, Bk. 121, p. 133, SETTING A PUBLIC HEARING for May 18 ON AMENDING THE FY99 OPERATING BUDGET. Resolutions, Bk. 121: RES. 99-134, p. 134, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SCOTT - SIX INDUSTRIAL PARK AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 99-135, p. 135, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 718 NORTH GILBERT STREET, IOWA CITY, IOWA. RES. 99-136, p. 136, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A WATER MAIN, SANITARY SEWER AND BLANKET UTILITY EASEMENT LOCATED OVER AND ACROSS THE VACATED PORTION OF SECOND AVENUE COURT, IOWA CITY, IOWA. RES. 99-137, p. 137, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SIDEWALK FEE AGREEMENT FOR SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, IOWA. RES. 99-138, p. 138, TO ADOPT AMENDED BY-LAWS FOR THE RIVERFRONT AND NATURAL AREAS COMMISSION. Correspondence: Harold Hensel regarding killing. John Veit regarding police shooting test. Civil Service Cornre. submitting certified lists of applicants for the following position(s): Civil Engineer, Housing Program Assistant. Letter from Carolyn Cavitt (Stepping Up Project) to Local Businesses and Underage Drinking [previously distributed April 23 Information Packet]. Richard Hartig, Hartig Drug Stores, regarding amending CN-1 zone. Correspondence regarding Goosetown traffic calming from: Kathleen Janz; Carl Klaus; David Rust; Jim & Ann Wells; Chris Coretsopoulos and Lynn Ikach; Ingell Doyle; Maryann Dennis. Council Member Norton acknowledged the progress of improvements to the soccer complex, and the Mayor noted the remarkable contribution by the Iowa City Kickers organization. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Rene Paine, PATV Director, invited citizens to the May 5th world premier of "Accessing Community Media" a program produced by nine participants of workshops funded through a grant from the University Hospital School; noted an open house to celebrate nine years of PATV service in the Iowa City/Coralville area on May 14; and distributed copies of their Annual Report. Moved by Kubby, Complete Description May 4, 1999 Page 3 seconded by Champion, to accept the Annual Report. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Anna Buss, 525 W. Benton, reported on her experience at the Citizens Police Academy and encouraged citizens to participate in the next Academy. A public hearing was held on an ordinance amending City Code Section 14-6, "Zoning Chapter," concerning definitions and parking requirements for carryout, delivery, and drive-through restaurants. No one appeared. A public hearing was held on an ordinance amending the Planned Development Housing Overlay (OPDH-12) plan for Silvercrest, a 21.53-acre 5-lot residential subdivision including 68 assisted living units, 120 independent living units, a 40-bed medical rehabilitation facility and a 900 square foot medical office building, located on the southeast quadrant of Scott Boulevard and American Legion Road. No one appeared. Moved by Thornberry, seconded by O'Donnell, that the ordinance amending the Planned Development Housing Overlay (OPDH-12) plan for Silvercrest, a 21.53- acre 5-lot residential subdivision including 68 assisted living units, 120 independent living units, a 40-bed medical rehabilitation facility and a 900 square foot medical office building, located at the southeast quadrant of Scott Boulevard and American Legion Road, be given first consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending City Code subsections 14-5H, Site Plan Review, and 14-6S, Performance Standards, regarding lighting standards. Dunlap Ct. residents Robert Olick and David Woodruff appeared. Moved by Thornberry, seconded by Vanderhoef, that the ordinance amending City Code subsections 14-5H, Site Plan Review, and 14-6S, Performance Standards, regarding lighting standards, 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 Thornberry, to adopt RES. 99-139, Bk. 121, p. 139, APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 10.3 ACRES OF PROPERTY LOCATED EAST OF SCOTT BOULEVARD AT WASHINGTON STREET (Scott Blvd East Part 3). 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 conditionally changing the zoning designation of approximately 14.83 acres located east of Scott Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Overlay (QPDH-8; 8.37 acres), Low Density Single- Family Residential (RS-5; 5.63 acres), and Low Density Multi-Family Residential (RM-12; .83 acres), and a request for a preliminary OPDH plan to allow 74 dwelling units on 8.16 acres (Scott Blvd East Part 3). No one appeared. Moved by Thornberry, seconded by Norton, that the ordinance conditionally changing the zoning designation of approximately 14.83 acres located east of Scott Complete Description May 4, 1999 Page 4 Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Overlay (OPDH-8; 8.37 acres), Low Density Single-Family Residential (RS-5; 5.63 acres), and Low Density Multi- Family Residential (RM-12; .83 acres), and a request for a preliminary QPDH plan to allow 74 dwelling units on 8.16 acres (Scott Blvd East Part 3), 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 Kubby, seconded by Vanderhoef, to adopt ORD. 99-3878, Bk. 42, p. 12, AMENDING CITY CODE SECTION 14-4B TO CHANGE BOARD OF ADJUSTMENT NOTICE REQUIREMENTS AND TO INCORPORATE BOARD POWERS AND PROCEDURES INTO CHAPTER 14-6, "ZONING CHAPTER," BY ADDING A NEW ARTICLE W, ENTITLED "BOARD OF ADJUSTMENT POWERS AND PROCEDURES". Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Norton, to defer indefinitely a resolution approving a preliminary and final plat of Milder Meadows, a 43.4-acre, two-lot residential subdivision with one outlot located in Fringe Area B at 4872 American Legion Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Vanderhoef, to accept correspondence from Atty. Doug Ruppert. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Vanderhoef, to forward a letter to the Johnson County Board of Supervisors recommending approval of an extraterritorial rezoning of 2.68 acres adjacent to 1244 Devon Drive NE in Fringe Area A from Suburban Residential (RS) to Rural (A1). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, to forward a letter to the Johnson County Board of Supervisors recommending denial of an extraterritorial rezoning of one acre located in Fringe Area A at 3005 Highway 1 NE from Rural (A1) to Commercial Agricultural (C-AG). Applicant Allan Berger appeared. 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 the construction of the Iowa Avenue Multi-Use Parking Facility project. No one appeared. Moved by Norton, seconded by Vanderhoef, to adopt RES. 99-140, Bk. 121, p. 140, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI- USE PARKING FACILITY PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENTS FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. The Mayor declared the resolution adopted, 6/1, with the following division Complete Description May 4, 1999 Page 5 of roll call vote: Ayes: Champion, Lehman, Norton, Q'Donnell, Thornberry, Vanderhoef. Absent: None. Moved by Norton, seconded by O'Donnell, to adopt RES. 99-141, Bk. 121, p. 141, AUTHORIZING RELOCATION ASSISTANCE TQ PERSONS DISPLACED FROM THEIR HOMES OR BUSINESSES AS A RESULT OF THE IOWA AVENUE MULTI-USE PARKING FACILITY. 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 Westminster Sanitary Sewer Improvement Project. No one appeared. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 99-142, Bk. 121, p. 142, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WESTMINSTER SANITARY SEWER IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance 2750 Irving Avenue. No one appeared. Moved by Vanderhoef, seconded by Norton, to adopt RES. 99-143, Bk. 121, p. 143, AUTHORIZING THE CONVEYENCE OF A SINGLE FAMILY HOME LOCATED AT 2750 IRVING AVENUE 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 Vanderhoef, that the ordinance repealing Section 1-9-2 of the City Code entitled "Limitation on Campaign Contributions," be given first vote for consideration. City Atty. Dilkes summarized the background of the ordinance. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, to adopt QRD. 99-3879, Bk. 42, p. 13, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE NORTHGATE CORPORATE PARK URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNETION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Norton, seconded by Thornberry, to accept the form on continuing disclosure certificate pertaining to the $9,200,000 Water Revenue Bonds. Finance Complete Description May 4, 1999 Page 6 Director Yucuis present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Champion, to accept the form of tax exemption certificate pertaining to the $9,200,000 Water Revenue Bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-144, Bk. 121, p. 144, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $9,200,000 WATER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Thornberry, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase wastewater service charges and fees in Iowa City, Iowa, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase water service charges and fees in Iowa City, Iowa, be given first vote for consideration. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Norton, O'Donnell, Thornberry, Vanderhoef, Kubby, Lehman. Nays: Champion. Absent: None. Moved by Thornberry, seconded by Vanderhoef, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties" of the city code, to change various rates for solid waste disposal, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-145, Bk. 121, p. 145, ADOPTING IOWA CITY'S FY00 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. 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. 99-146, Bk. 121, p. 146, ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR OLD BRICK EPISCOPAL LUTHERAN CORPORATION WITHIN THE FY00 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN Complete Description May 4, 1999 Page 7 (CITY STEPS). Council Member Champion stated she served on the Board of Old Brick and would be abstaining. The Mayor declared the resolution adopted, 6/0, with the following division of roll call vote: Ayes: Vanderhoef, Kubby, Lehman, Norton, Q'Donnell, Thornberry. Nays: None. Abstain: Champion. Moved by Thornberry, seconded by Norton, to RES. 99-147, Bk. 121, p. 147, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IAIS/CRANDIC INTERCHANGE PROJECT, STP-A-3715(12)- - 86-52. To Steger-Heiderscheit Const. Corp. for $689,971.40. 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 a resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Iowa City Civic Center Additions and Renovations project. The Mayor declared the resolution defeated unanimously, 0/7, all Council Members present. Moved by Thornberry, seconded by Kubby, to adopt RES. 99-148, Bk. 121, p. 148, SETTING A PUBLIC HEARING for May 18 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY CIVIC CENTER THIRD FLOOR EXPANSION AND FIRST FLOOR RENOVATIONS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INPSECTION. 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. 99-149, Bk. 121, p. 149, 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 HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. Civil Engr. Scott 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. 99-150, Bk. 121. p. 150, RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION ($61,000 to Metro Pavers, Inc. and $21,000 to Metro Pavers, Inc. and Paul & Mary Kennedy). Moved by Vanderhoef, seconded by O'Donnell, to appoint Rick Spooner, 810 W. Benton, to the Human Rights Comm. to fill an unexpired term ending January 1, 2001; and appoint Toni Cilek, 1510 Bristol Dr., to the P&R Cornre. to fill an unexpired term ending January 1, 2003. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously-announced vacancies: PCRB - one vacancy to fill an unexpired term ending September 1, 2000. This appointment will be made at the May 18 Council meeting. Bd. of Library Trustees - two vacancies to fill six- Complete Description May 4, 1999 Page 8 year terms ending July 1, 2005. These appointments will be made at the June 15 Council meeting. Council Member Q'Donnell reported on the Crisis Center Breakfast; and stated his opposition to a flat water rate. Council Member Kubby reminded citizens of the following upcoming events: public discussion on proposed changes in Iowa City transit routes May 6 at the Public Library and May 18 at the City Council meeting; Civil Liberties annual dinner on May 8; meeting on tennis court lighting on May 10 at City High; and University of Iowa Multicultural graduation banquet on May13. Council Member Thornberry stated he missed the last Council meeting because he was delayed in Georgia and was glad to be back. Council Member Vanderhoef said she had received "Ensuring the Central Role for Cities in the Electronic Marketplace" publication from the National League of Cities and would provide Council copies in the next packet; and wished Julie Voparil, from the City Clerk's office, a speedy recovery. Council Members Norton stated he had attended the PCRB forum at Broadway and noted the letter and City Manager response regarding the Police Chief's presentation and departure to allow questions to the Board directly; reported he rode with Police Officer Kivi on Friday night; and said he forwarded a letter from a citizen with ADA concerns in local businesses to the Asst. City Manager for a response. Mayor Lehman stated a special work session would be held on May 12 at 8:00 a.m. to discuss finance issues; and requested the procedure on parking prohibition be scheduled for a Council work session. City Atty. Dilkes stated recent legislation making extensive amendments to the condemnation statue will cause delays in City projects and recommended Council contact the Governor regarding concerns. Mayor Lehman noted changes in condominium taxing that also occurred and requested a letter clarifying that change be sent to Council. Moved by Thornberry, seconded by Norton, to adjourn 9:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. rn~e~stW. Lehman, °Mayor~J'~ Ma~r~n 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. The cost of publishing the following proceed- ings and claims is 8 Oj- mulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/19/99 Iowa City City Council, special meet- ing, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Vanderhoef. Absent: Thornberry. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litiga- tion or where litigation is imminent where its disclosure would be likely to prejudice or dis- advantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 6:50 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/Ernest W. Lehman, Mayor Submitt~e~ for publication - 4/21/99 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 the publishing the following proceedings and claims is ~ Cumulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 4/20/99 Iowa City City Council meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Vanderhoef. Absent: Thornberry. The Mayor announced that a Transit public hearing was scheduled for the May 18th Council meeting to discuss proposed changes to bus routes and that hearing would be scheduled immediately after the Consent Calendar. The Mayor presented the Outstanding Student Citizenship Awards to Weber Elementary to students: Anant Handa; Travis Meade, Laura Smith. The Mayor proclaimed: Iowa City Dandelion Week - May 2-9, Rock & Jan Willjams accepted; Iowa City's 160th Birthday - May 4, Melvin Dvorsky accepted; Census 2000 - Chris Nolte, Census Bureau Government Partnership Specialist accepted. Moved and seconded that the following items and recommendations on the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the special meetings of March 29, March 30, and the regular meeting of April 6, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - March 11. Historic Preservation Cornre. - March 11, March 23. Human Rights Commission - February 22, March 29. Library Board of Trustees - March 25. P&Z Cornre. - April 1. PCRB - March 30. Receive PCRB Summary Dismissal Report #99-01. Public Art Advisory Comm. - March 4. Permit Motions: Class C Liquor License for Sam's Pizza, 321 S. Official Actions April 20, 1999 Page 2 Gilbert St. Class A Liquor License for Loyal Order of Moose Iowa City Lodge #1096, 3151 Hwy. 6 East. Class C Beer Permit for DeliMart #3, 2410 Mormon Trek Blvd. Class C Liquor License for Red Lobster #759, 1069 Highway I West. Class B Beer Permit for Chill & Grill, 206 N. Linn St. RES. 99-115, ISSUE DANCING PERMIT. Motions: Approving Abstract of Voters for Sales Tax election held March 30, 1999. Approving disbursements in the amount of 811,253,510.10 for the period of March 1 through March 31, 1999, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 99-116, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 99-117, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WESTMINSTER SANITARY SEWER IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 99-118, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO A SANITARY SEWER EASEMENT AGREEMENT BETWEEN THE CITY AND THE OWNERS OF 1030 RIVER STREET, IOWA CITY, IOWA. RES. 99-119, ACCEPTING WORK FOR THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT. RES. 99-120, AUTHORIZING THE Official Actions April 20, 1999 Page 3 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING THREE STATEMENT OF LIFE LIENS, A NO- INTEREST PROMISSORY NOTE, AND A TEN-YEAR DEPRECIATION PROMISSORY NOTE AND A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 821 EAST CHURCH STREET, IOWA CITY, IOWA. RES. 99-121, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PFL LIFE INSURANCE COMPANY, AN IOWA CORPORATION, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 611,613, 615, 625, and 627 IOWA AVENUE, IOWA CITY, IOWA. RES. 99-122, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 510 SECOND AVENUE, IOWA CITY, IOWA. RES. 99-123, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A STATEMENT OF LIFE LIEN, A PROMISSORY NOTE, A MORTGAGE AND A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 518 BOWERY STREET, IOWA CITY, IOWA. RES. 99-124, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1704 F STREET, IOWA CITY, IOWA. RES. 99-125, AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD MAY 8, 1999. Correspondence: K. Jesse Singerman (ICPL Board of Trustees) regarding referendum. Ilse Bendorf regarding student citizenship awards. Official Actions April 20, 1999 Page 4 Sally Robinson regarding Jack Young properties. Audrey and Jeffrey Knox regarding Tower Court parking. Arthur Miller and Peter Matthes regarding IC Police Department/student survey. Harriet Gooding regarding 3rd Annual Americans with Disabilities Act Observance. Cynthia Parsons regarding building code, water regulations, refuse billing. John Calvin Jones regarding D.A.R.E. Judith Weeg regarding Elderly Services. Keith Meyer regarding Cottage Bakery. Civil Service Commission submitting certified lists of applicants for the following position(s): Parking Operations Supervisor. Ellen McCabe regarding intersection of Kirkwood and Gilbert Court. The Mayor declared the motion carried and repeated the publis hearings as set. Jeanette Ockenfels, Capitol House Apartments, presented a petition requesting a longer walk light at the Burlington Street/Dubuque Street intersection. Moved and seconded to accept the petition. The Mayor declared the motion carried. John Jones appeared regarding the DARE program, and the number of alcohol possession citations issued by the Police Department over the past two weeks. Moved and seconded to accept DARE correspondence. The Mayor declared the motion carried. Carol deProsse, Lone Tree, appeared regarding the DARE program, and questioned how the impact of a citizen petition to compel a citywide vote on library expansion would impact Council decision on capital projects. The Mayor noted Council would be discussing those issues at a special work session ssheduled May 5 at 8:00 AM in Council Chambers. Beryl Gillespie questioned when the public hearing would be on the increase in utilities. Council stated the matter would be discussed under item #8 of the agenda. Moved and seconded to set a public hearing for May 4 on an ordinance amending City Code Section 14-6, "Zoning Chapter," concerning definitions and parking requirements for carryout, delivery, and drive- through restaurants. The Mayor declared the motion carried. Official Actions April 20, 1999 Page 5 Moved and seconded to set a public hearing for May 4 on an ordinance amending the Planned Development Housing Overlay (OPDH-12) plan for Silversrest, a 20.87-acre 5-lot residential subdivision including 68 assisted living units, 120 independent living units, a 40-bed medical rehabilitation facility and a 900 square foot medical office building, located at the southeast quadrant of Scott Boulevard and American Legion Road. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Merlin Lawrence, Vice-President Dial Land Development. The Mayor declared the motion carried. A public hearing was held on a resolution adopting and incorporating the Northeast District Plan into the Iowa City Comprehensive Plan. Cole Chase, Home Builder's Association, appeared. Moved and seconded to accept correspondence from: David Purdy; Douglas Baynton; Scott Hochstrasser, International Planning Associates. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to May 18. The Mayor declared the motion carried. A public hearing was held on an ordinance amending City Code subsections 14-5H, Site Plan Review, and 14-6S, Performance Standards, regarding lighting standards. The following individuals appeared: David Woodruff (read letter from Robert Click); Lori Benz, 2012 Dunlap Ct.; Leroy Knight; Jan Williams; Feather Lacey, 307 3rd Avenue. Moved and seconded to continue the public hearing to May 4. The Mayor declared the motion carried. A public hearing was held on a resolution approving annexation of 5.55 acres located in the northwest quadrant of American Legion Road and Taft Avenue Moved and seconded to accept correspondence from Patrick Harney, President, Knight's of Columbus. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally changing the zoning designation of 5.55 acres located in the northwest quadrant of American Legion Road and Taft Avenue. Official Actions April 20, 1999 Page 6 A public hearing was held on a resolution annexing approximately 10.3 acres of property located east of Scott Boulevard at Washington Street, Larry Schnittjer, MMS Consultants, appeared. Moved and seconded to defer to May 4 the resolution annexing approximately 10.3 acres of property located east of Scott Boulevard at Washington Street. The Mayor declared the motion carried. Moved and seconded to continue to May 4 a public hearing on an ordinance changing the zoning designation of approximately 14.83 acres located east of Scott Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Overlay (OPDH-8; 8.37 acres), Low Density Single-Family Residential (RS-5; 5.63 acres), and Low Density Multi-Family Residential (RM-12; .83 acres), and a request for a preliminary OPDH plan to allow 74 dwelling units on 8.16 acres. The following individuals appeared: Larry Schnittjer, MMS Consultants; Peter Fisher, 3722 Hummingbird Lane; and Developer Larry Mazotta. The Mayor declared the motion carried. Moved and seconded to defer to May 4 an ordinance conditionally changing the zoning designation of approximately 14.83 acres located east of Scott Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Overlay (OPDH-8; 8.37 acres), Low Density Single-Family Residential (RS-5; 5.63 acres), and Low Density Multi- Family Residential (RM-12; .83 acres), and a request for a preliminary OPDH plan to allow 72 dwelling units on 8.16 acres. The Mayor declared the motion carried. Moved and seconded that the ordinance amending City Code subsection 14- 4B pertaining to a change in Board of Adjustment notice requirements and incorporation of Board powers and procedures into the Zoning Chapter, be given second vote for consideration. The Mayor declared the motion carried. Official Actions April 20, 1999 Page 7 Moved and seconded to defer to May 4 a resolution approving a preliminary and final plat of Milder Meadows, a 43.4-acre, two-lot residential subdivision with one outlot located in Fringe Area B at 4872 American Legion Road. The Mayor deslared the motion carried. A public hearing was held regarding the FY00 Annual Action Plan, including the FYO0 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Budget, for Iowa City. The following individuals appeared: Ruth Baker, 515 W. Benton; Judy Gerlitz, 1212 Duck Creek Drive; Gretchen Schmuch, Chair, HCDC; and Bob Jackson, Mideastern Iowa Community Mental Health Center. Moved and seconded to accept correspondence from Judy Gerlitz, president and Charles Coulter, Vice-President of the Old Brick Church and Community Center. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase or change the rates for fees and charges for potable water use and service, wastewater treatment, and solid waste charges. Moved and seconded to continue to May 4 a public hearing on the conveyance of 2750 Irving Avenue. The Mayor declared the motion carried. Moved and seconded that the ordinance providing that general property taxes levied and collected each year on all property located within the Northgate Corporate Park Urban Renewal Project Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal redevelopment project, be given second vote for Official Actions April 20, 1999 Page 8 consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 99-3877, AMENDING CITY CODE TITLE 8, CHAPTER 8, ENTITLED "POLICE CITIZENS REVIEW BOARD," SECTION 3, ENTITLED "DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL," SECTION 6, ENTITLED "POLICE CHIEF'S REPORT TO THE BOARD; CITY MANAGER'S REPORT TO THE BOARD," AND SECTION 7, ENTITLED "DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES," AND ADDING AN ADDITIONAL SECTION 11, ENTITLED "TIME COMPUTATION," REGARDING THE TIME LIMIT ALLOWED FOR FILING OF COMPLAINTS AND FOR REPORTS TO THE BOARD AND CITY COUNCIL. Moved and seconded to adopt RES. 99-126, AMENDING FEES AND TIMED DURATION FOR SOUND EQUIPMENT PERMITS. Moved and seconded to adopt RES. 99-127, APPROVING AN AGREEMENT BETWEEN CITY OF IOWA CITY AND MIP LESSEE, L.P. CONCERNING THE DOWNTOWN STREETSCAPE PHASE 2 CONSTRUCTION PROJECT. Moved and seconded to adopt RES. 99-128, DIRECTING SALE OF ~9,200,000 WATER REVENUE BONDS. Moved and seconded to adopt RES. 99-129, 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 adopt RES. 99-130, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE KIWANIS PARK DEVELOPMENT AND TY'N CAE STORMWATER PROJECT. Moved and seconded to adopt RES. 99-131, AUTHORIZING THE CITY OF IOWA CITY TO JOIN IN CERTAIN LITIGATION AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT. The Mayor noted the previously- announced vacancies: Human Rights Official Actions April 20, 1999 Page 9 Commission - one vacancy to fill an unexpired term ending January 1, 2001. Parks and Recreation Commission - one vacancy to fill an unexpired term ending January 1, 2003. These appointments will be made at the May 4 Council meeting. Police Citizens Review Board - one vacancy to fill an unexpired term ending September 1, 2000. This appointment will be made at the May 18 Council meeting. Moved and seconded to adjourn 10:10 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Marian K. Karr; City Clerk Submit at o/ .'- 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 19, 1999 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, Vanderhoef. Absent: Thornberry. Staffmembers present: Dilkes, Karr. Council minutes tape recorded on Tape 99°45, Side 1. Moved by Vanderhoef, seconded by Norton, to adjourn to executive session to discuss strategy with counsel in matters that .are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvan- tage 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 into executive session 6:32 p.m. Council returned to open session 6:48 p.m. Moved by Vanderhoef, seconded by O'Donnell, to adjourn the special meeting 6:50 p.m. The Mayor declared the motion carried unanimously, 6/0, Thornberry ab- sent. Ernest 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, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 20, 1999 Iowa City City Council meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'D/~nnell, Vanderhoef. Absent: Thornberry. Staffmembers present: Atkins, Helling, Dilkes, Karr, Rockwell, Yucuis, Trueblood, Franklin, Head, Nasby. Council minutes tape recorded on Tapes 99-45, Side 2; 99-48, Both Sides; 99-49, Side 1. The Mayor announced that a Transit public hearing was scheduled for the May 18th Council meeting to discuss proposed changes to bus routes and that hearing would scheduled immediately after the Consent Calendar. The Mayor presented the Outstanding Student Citizenship Awards to Weber Elementary to students: Anant Handa; Travis Meade, Laura Smith. The Mayor proclaimed: Iowa City Dandelion Week - May 2-9, Rock & Jan Williams accepted; Iowa City's 160th Birthday - May 4, Melvin Dvorsky accepted; Census 2000 - Chris Nolte, Census Bureau Government Partnership Specialist accepted. Moved by Norton, seconded by O'Donnell, that the following items and recommendations on the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the special meetings of March 29, March 30, and the regular meeting of April 6, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - March 11. Historic Preservation Cornre. - March 11, March 23. Human Rights Commission - February 22, March 29. Library Board of Trustees - March 25. P&Z Comm. - April 1. PCRB - March 30. Receive PCRB Summary Dismissal Report #99-01. Public Art Advisory Comm. - March 4. Permit Motions: Class C Liquor License for Sam's Pizza, 321 S. Gilbert St. Class A Liquor License for Loyal Order of Moose Iowa City Lodge #1096, 3151 Hwy. 6 East. Class C Beer Permit for DeliMart #3, 2410 Mormon Trek BIrd. Class C Liquor License for Red Lobster #759, 1069 Highway 1 West. Class B Beer Permit for Chill & Grill, 206 N. Linn St. RES. 99-115, Bk, 121, p. 115, ISSUE DANCING PERMIT. Motions: Approving Abstract of Voters for Sales Tax election held March 30, 1999. Approving disbursements in the amount of ~11,253,510.10 for the period of March 1 through March 31, 1999, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 99-116, Bk. 121, p. 116, SETTING A PUBLIC HEARING for May 4 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT, DIRECTING THE Complete Description April 20, 1999 Page 2 CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 99-117, Bk. 121, p. 117, SETTING A PUBLIC HEARING for May 4 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WESTMINSTER SANITARY SEWER IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 121: RES. 99-118, p. 118, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO A SANITARY SEWER EASEMENT AGREEMENT BETWEEN THE CITY AND THE OWNERS OF 1030 RIVER STREET, IOWA CITY, IOWA. RES. 99-119, p. 119, ACCEPTING WORK FOR THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT. RES. 99-120, p. 120, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING THREE STATEMENT OF LIFE LIENS, A NO-INTEREST PROMISSORY NOTE, AND A TEN-YEAR DEPRECIATION PROMISSORY NOTE AND A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 821 EAST CHURCH STREET, IOWA CITY, IOWA. RES. 99-121, p. 121, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PFL LIFE INSURANCE COMPANY, AN IOWA CORPORATION, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 611, 613, 615, 625, and 627 IOWA AVENUE, IOWA CITY, IOWA. RES. 99-122, p. 122, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 510 SECOND AVENUE, IOWA CITY, IOWA. RES. 99-123, p. 123, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A STATEMENT OF LIFE LIEN, A PROMISSORY NOTE, A MORTGAGE AND A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 518 BOWERY STREET, IOWA CITY, IOWA. RES. 99-124, p. 124, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1704 F STREET, IOWA CITY, IOWA. RES. 99-125, p. 125, AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD MAY 8, 1999. Correspondence: K. Jesse Singerman (ICPL Board of Trustees) regarding referendum. Ilse Bendoff regarding student citizenship awards. Sally Robinson regarding Jack Young properties. Audrey and Jeffrey Knox regarding Tower Court parking. Arthur Miller and Peter Matthes regarding IC Police Department/student survey. Harriet Gooding regarding 3rd Annual Complete Description April 20, 1999 Page 3 Americans with Disabilities Act Observance. Cynthia Parsons regarding building code, water regulations, refuse billing [staff response included]. John Calvin Jones regarding D.A.R.E. Judith Weeg regarding Elderly Services. Keith Meyer regarding Cottage Bakery. Civil Service Commission submitting certified lists of applicants for the following position(s): Parking Operations Supervisor. Ellen McCabe regarding intersection of Kirkwood and Gilbert Court. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the motion carried and repeated the public hearings as set. Jeanette Ockenfels, Capitol House Apartments, presented a petition requesting a longer walk light at the Burlington Street/Dubuque Street intersection. Council requested staff follow-up. Moved by Vanderhoef, seconded by Kubby, to accept the petition. The Mayor declared the motion carried unanimously, 6/0, Thornberry 'absent. John Jones appeared regarding the DARE program, and the number of alcohol possession citations issued by the Police Department over the past two weeks. Moved by Kubby, seconded by Norton, to accept DARE correspondence. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Carol deProsse, Lone Tree, appeared regarding the DARE program, and questioned how the impact of a citizen petition to compel a citywide vote on library expansion would impact Council decision on capital projects. The Mayor noted Council would be discussing those issues at a special work session scheduled May 5 at 8:00 AM in Council Chambers. Beryl Gillespie questioned when the public hearing would be on the increase in utilities. Council stated the matter would be discussed under item #8 of the agenda. Moved by Kubby, seconded by Vanderhoef to set a public hearing for May 4 on an ordinance amending City Code Section 14-6, "Zoning Chapter," concerning definitions and parking requirements for carryout, delivery, and drive-through restaurants. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Vanderhoef, seconded by Norton, to set a public hearing for May 4 on an ordinance amending the Planned Development Housing Overlay (OPDH-12) plan for Silvercrest, a 20.87-acre E-lot residential subdivision including 68 assisted living units, 120 independent living units, a 40-bed medical rehabilitation facility and a 900 square foot medical office building, located at the southeast quadrant of Scott Boulevard and American Legion Road. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Kubby, seconded by Champion, to accept correspondence from Merlin Lawrence, Vice-President Dial Land Development. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. A public hearing was held on a resolution adopting and incorporating the Northeast District Plan into the iowa City Comprehensive Plan. Cole Chase, Home Builder's Association, appeared. Moved by Norton, seconded by Vanderhoef, to accept correspondence from: David Purdy; Douglas Baynton; Scott Hochstrasser, Complete Description April 20, 1999 Page 4 International Planning Associates. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Kubby, seconded by Norton, to continue the public hearing to May 18. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. A public hearing was held on an ordinance amending City Code subsections 14-5H, Site Plan Review, and 14-6S, Performance Standards, regarding lighting standards. The following individuals appeared: David Woodruff (read letter from Robert Olick); Lori Benz, 2012 Dunlap Ct.; Leroy Knight; Jan Willlares; Feather Lacey, 307 3ru Avenue. PCD Director Franklin present for discussion. Moved by Kubby, seconded by Vanderhoef, to. continue the public hearing to May 4. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. A public hearing was held on a resolution approving annexation of 5.55 acres located in the northwest quadrant of American Legion Road and Taft Avenue (Knights of Columbus). No one appeared. Moved by Norton, seconded by Vanderhoef, to accept correspondence from Patrick Harney, President, Knight's of Columbus. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Public hearing on an ordinance conditionally changing the zoning designation of 5.55 acres located in the northwest quadrant of American Legion Road and Taft Avenue (Knights of Columbus). No one appeared. A public hearing was held on a resolution annexing approximately 10.3 acres of property located east of Scott Boulevard at Washington Street (Scott BIrd East Part 3). Larry Schnittjer, MMS Consultants, appeared. Moved by Kubby, seconded by O'Donnell, to defer to May 4 the resolution annexing approximately 10.3 acres of property located east of Scott Boulevard at Washington Street (Scott BIrd East Part 3). The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Norton, seconded by O'Donnell, to continue to May 4, a public hearing on an ordinance changing the zoning designation of approximately 14.83 acres located east of Scott Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Overlay (OPDH- 8; 8.37 acres), Low Density Single-Family Residential (RS-5; 5.63 acres), and Low Density Multi-Family Residential (RM-12; .83 acres), and a request for a preliminary OPDH plan to allow 74 dwelling units on 8.16 acres (Scott BIrd East Part 3). PCD Director Franklin present for discussion. The following individuals appeared: Larry Schnittjer, MMS Consultants; Peter Fisher, 3722 Hummingbird Lane; and Developer Larry Mazotta. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Kubby, seconded by Vanderhoef, to defer to May 4 an ordinance conditionally changing the zoning designation of approximately 14.83 acres located east of Scott Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Complete Description April 20, 1999 Page 5 Suburban Residential (RS) to Planned Development Housing Overlay (OPDH-8; 8.37 acres), Low Density Single-Family Residential (RS-5; 5.63 acres), and Low Density Multi-Family Residential (RM-12; .83 acres), and a request for a preliminary OPDH plan to allow 72 dwelling units on 8.16 acres (Scott Blvd East Part 3). The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending City Code subsection 14-4B pertaining to a change in Board of Adjustment notice requirements and incorporation of Board powers and procedures into the Zoning Chapter, be given second vote for consideration. Affirmative roll call vote unanimous,6/0, Thornberry absent. The Mayor declared the motion carried. Moved by Norton, seconded by O'Donnell, to defer to May 4, a resolution approving a preliminary and final plat of Milder Meadows, a 43.4-acre, two-lot residential subdivision with one outlot located in Fringe Area B at 4872 American Legion Road. The Mayor declared the motion carried unanimously, 6/0, all Council Members present. A public hearing was held regarding the FY00 Annual Action Plan, including the FYO0 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Budget, for Iowa City. The following individuals appeared: Ruth Baker, 515 W. Benton; Judy Gerlitz, 1212 Duck Creek Drive; Gretchen Schmuch, Chair, HCDC; and Bob Jackson, Mideastern Iowa Community Mental Health Center. Community Development Coordinator Head present for discussion. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Judy Gerlitz, president and Charles Coulter, Vice-President of the Old Brick Church and Community Center. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. A public hearing was held on an ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase or change the rates for fees and charges for potable water use and service, wastewater treatment, and solid waste charges. Finance Director Yucuis present for discussion. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by O'Donnell to continue to May 4, a public hearing on the conveyance of 2750 Irving Avenue. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Moved by Vanderhoef, seconded by Norton, that the ordinance providing that general property taxes levied and collected each year on all property located within the Northgate Corporate Park Urban Renewal Project Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal redevelopment project, be given second vote for consideration. City Atty. Dilkes presented Complete Description April 20, 1999 Page 6 information. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the motion carried. Moved by Norton, seconded by Vanderhoef, to adopt ORD. 99-3877, Bk. 42, p. 11, AMENDING CITY CODE TITLE 8, CHAPTER 8, ENTITLED "POLICE CITIZENS REVIEW BOARD," SECTION 3, ENTITLED "DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL," SECTION 6, ENTITLED "POLICE CHIEF'S REPORT TO THE BOARD; CITY MANAGER'S REPORT TO THE BOARD," AND SECTION 7, ENTITLED "DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES," AND ADDING AN ADDITIONAL SECTION 11, ENTITLED "TIME COMPUTATION," REGARDING THE TIME LIMIT ALLOWED FOR FILING OF COMPLAINTS AND FOR REPORTS TO THE BOARD AND CITY COUNCIL. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by, Kubby, to adopt RES. 99-126, Bk. 121, p. ,126, AMENDING FEES AND TIMED DURATION FOR SOUND EQUIPMENT PERMITS. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 99-127, Bk. 1 21, p. 127, APPROVING AN AGREEMENT BETWEEN CITY OF IOWA CITY AND MIP LESSEE, L.P. CONCERNING THE DOWNTOWN STREETSCAPE PHASE 2 CONSTRUCTION PROJECT. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 99-128, Bk. 121, p. 128, DIRECTING SALE OF $9,200,000 WATER REVENUE BONDS. Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 99-129, Bk. 121, p. 129, 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, 6/0, Thornberry absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 99-130, Bk. 121, p. 130, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE KIWANIS PARK DEVELOPMENT AND TY'N CAE STORMWATER PROJECT to Peterson Contractors for 9338,477.55. Parks & Recreation Director Trueblood present for discussion. Affirmative roll call vote unanimous. 6/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Kubby, to adopt RES. 99-131, Bk. 121, p. 131, AUTHORIZING THE CITY OF IOWA CITY TO JOIN IN CERTAIN LITIGATION AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT (Wellmark Blue Cross Complete Description April 20, 1999 Page 7 and Blue Shield). City Arty. Dilkes presented information. Affirmative roll call vote unanimous, 6/0, Thornberry absent. The Mayor declared the resolution adopted. The Mayor noted the previously-announced vacancies: Human Rights Commission - one vacancy to fill an unexpired term ending January 1, 2001. Parks and Recreation Commission - one vacancy to fill an unexpired term ending January 1, 2003. These appointments will be made at the May 4 Council meeting. Police Citizens Review Board - one vacancy to fill an unexpired term ending September 1, 2000. This appointment will be made at the May 18 Council meeting. In response to Council Member Kubby, City Manager Arkins outlined the City's emergency plan and cooperative efforts with other entities. Council Member Kubby reminded citizens of upcoming events: Earth Day (April 20) and remaining events planned for Earth Week; Farmers Market, May-October at the Chauncey Swam Ramp; Project Green Garden Fair, May 8, Carver Hawkeye Arena, 9:00- 11:30 AM; Labor Party May Day picnic at Shelter 11 at City Park on May 1 at 2:00 PM; Local Currency Committee picnic at Happy Hollow Park on May 2; and transit proposed changes public informational meeting at the Public Library on May 6, 3:45-5:45, and Council's public hearing on May 18 on the changes. Council Member Champion reported she had been called by the Police Department for a broken window in her establishment on April 10 and her observations of the downtown area between 1:30-3:30 AM, and stated she would be approaching the Downtown Association about assuming some responsibility for cleaning up the downtown area. Champion also noted her appreciation to the Police Department for calling her. Council Member O'Donnell stated he attended a Y2K meeting the other evening and encouraged other Council Members to attend one. O'Donnell reminded citizen of the Crisis Center Breakfast scheduled May 2 and the KCJJ/Hy-Vee fundraiser planned April 23 to raise $5,000 and 5,000 pounds in food. Council Member Vanderhoef acknowledged Police Officer Erik Lippold who received the "State Commissioners Special Award for Traffic Safety"; reiterated the Willow Creek cleanup and Earth Day/Arbor Day celebrations planned April 25; Deer Management Committee Meeting on April 21; and urged participation in the ADA Parade on July 24. Kubby noted the Coralville 4th Of July Parade also. Council Member Norton noted the Police Citizens Review Board Forum planned for April 28 at the Broadway Neighborhood Center. Council Member O'Donnell stated the spring weather brings out deer, rollerbladers, skateboarders, and bicyclists and urged caution when driving. Kubby questioned if the Civic Center lot would be available for skateboarders again this year. City Mgr. Atkins stated the Civic Center lot would be used for staging a building addition area and would report back when things were worked out. It was noted the rollerbladers still use the top flood of the Chauncey Swan Ramp for hockey. In response to the Mayor, a majority of Council agreed to place the "no parking" policy on an upcoming work session agenda. The Mayor stated he would Complete Description April 20, 1999 Page 8 be attending the Citizens Police Academy graduation at the Coralville Public Library on April 21 and encouraged others to attend; noted a helicopter would be in the area filming public facilities and may be available to Council wishing to view the Northeast District. Interested Council Members should contact the City Manager's office on April 21; distributed a copy of a memo listing companies that have requested assistance from the City and/or state since 1986 and the investment they have made since that time in the community. Moved by O'Donnell, seconded by Kubby, to adjourn 10:10 p.m. The Mayor declared the motion carried unanimously, 6/0, Thornberry absent. Ernest W. Lehman, Mayor Madan K. Karr, City Clerk