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HomeMy WebLinkAbout1997-06-17 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 JUNE 17, 1997 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Arkins, Helling, Dilkes, Karr, Franklin, Fosse, Goodman-Herbst, Yucuis, Schmadeke. Council minutes tape recorded on Tapes 97-95, Side 2, 97-98, Both Sides. The Mayor proclaimed Pride Month - June 1997. Moved by Kubby, 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 the special meeting of June 2 and the regular meeting of June 3 as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. - May 19, June 2. Bd. of Adjustment - May 14. Human Rights Comm. - June 3. P&Z Comm. - May 15. P&R Comm. - May 14. Rules Comm. - May 12. Riverfront & Natural Areas Comm. - May 21 Approve the amended by-laws. Permit Motions: Approving a Class E Beer Permit for Osco Drug Store #2393, 2425 Muscatine Ave. Approving a Class E Liquor License for Osco Drug Store #2393, 2425 Muscatine Ave. Approving a Class C Liquor License for Dublin Underground, 5 S. Dubuque St. Approving a Class C Liquor License for Dave's Foxhead Tavern, 402 E. Market St. Approving a Class C Liquor License for The Kitchen, 215 E. Washington St. Approving a Class C Liquor License for The Mill Restaurant, 120 E. Burlington St. Approving a Class C Liquor License for American Legion Roy L. Chopek Post #17, 3016 Muscatine Ave. Approving a Class C Liquor License for V.F.W., Weekes - Van Eck Post 3949, 609 Highway 6 East. Approving a Class E Beer Permit for Kum & Go #422, 513 S. Riverside Dr. Approving a Class C Liquor License for Gunnerz, 123 E. Washington St. Approving a Class E Liquor License for Hartig Drug Co. #10, 701 Mormon Trek Blvd. Approving a Class E Beer Permit for Hartig Drug Co. #10, 701 Mormon Trek Blvd. RES. 97- 192, Bk. 117, p. 192, ISSUE DANCING PERMIT. RES. 97-193, Bk. 117, p. 193. ISSUE CIGARETTE PERMITS. Approving a temporary Outdoor Service Area for Golden Oldies, 1910 S. Gilbert St. Motions: APPROVE DISBURSEMENTS IN THE AMOUNT OF $10,283,124.76 FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 1997, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. Resolutions, Bk. 117: RES. 97-194, p. 194, APPROVING THE BY- LAWS OF THE IOWA CITY RIVERFRONT AND NATURAL AREAS COMMISSION. RES. 97-195, p. 195, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING THE REHABILITATION AGREEMENT, THE LOW-INTEREST PROMISSORY NOTE AND THE MORTGAGE FOR THE PROPERTY LOCATED AT 847 Complete Council Activities June 17, 1997 page 2 RUNDELL STREET, IOWA CITY, IOWA. RES. 97-196, p. 196, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1625 CALIFORNIA AVENUE, IOWA CITY, IOWA. RES. 97-197, p. 197, APPROVING A NEW LEASE AGREEMENT WITH THE IOWA CITY AIRPORT COMMISSION AND THE CITY OF IOWA CITY FOR THE LEASE OF AIRPORT LAND BEING USED BY THE IOWA CITY SALVAGE BARN. RES. 97-198, p. 198, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND LITTLE DONKEYS, INC., D/B/A PANCHERO'S, INC. FOR A SIDEWALK CAFE. RES. 97-199, p. 199, RESCINDING RESOLUTION NO. 94- 254 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING FEES AND POLICY FOR EXAMINATION OF PUBLIC RECORDS FOR SERVICES PERFORMED BY THE OFFICE OF THE CITY CLERK. RES. 97-200, p. 200, TO SPECIFY THE USE OF ADDITIONAL TAX CREDIT REIMBURSEMENT. RES. 97-201, p. 201, AUTHORIZING APPLICATION FOR 1997 COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP). RES. 97-202, p. 202, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. RES. 97-203, p. 203, ACCEPTING THE WORK FOR THE PARK ROAD STORM SEWER PROJECT, PHASE II. Correspondence: Tina McCoy regarding dog park. Tom Wegman (Arts Center and Gallary) regarding art. Barbara Ringwalt regarding Hickory Hill Park. Robert Welsh regarding paratransit service. JCCOG Traffic Engineering Planner regarding: (a) Prohibition of On-Street Parking on the Northeast Corner of Dover Street and Wayne Street Intersection, (b) Designation of Two Metered Parking Spaces in the 300 Block of S. College Street as "HANDICAPPED PARKING ONLY." John Goree regarding Airport improvements. Applications for Use of City Plaza, all approved: Jacqueline Gharib (WINDS Education Campaign distribution of literature) - various dates throughout summer and fall. Tom Miller (Campus Bible Fellowship distribution of literature) - various dates throughout summer. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Philip Zell, Senior Center Commission, responded to a Press Citizen article on the survey conducted by the Center to access senior citizens services in the community. Moved by Vanderhoef, seconded by Lehman, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article P, entitled "Fences and Hedges," to change the vision triangle requirement at intersections, be given first vote for Complete Council Activities June 17, 1997 page 3 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 continue to July 15, 1997, a public hearing on an ordinance to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Thornberry, to defer to July 15, 1997, an the ordinance amending Title 14, Chapter 6, entitled "Zoning'," Article O, entitled "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on and ordinance permitting portable signs as a provisional sign in the CB-2, CB-5, and CB-10 zones. No one appeared. Moved by Thornberry, seconded by Lehman, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit portable signs as a provisional sign in the CB-2, CB-5, and CB-10 zones, be given first vote for consideration. Moved by Kubby, seconded by Thornberry, to amend the ordinance to include a one year sunset clause. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried on the first consideration as amended. Moved by Kubby, seconded by Norton, to forward a letter to the Johnson County Board of Supervisors recommending approval of an application for a continuation of a conditional use permit to allow a home business, an art gallery, for property located in Fringe Area B at 3880 Owl Song Lane SE, immediately north of Inverness Court. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Norton, to defer to July 15, 1997, the following items: Item No. 6 - a resolution determining an area of the City to be an Economic Development Area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for an Urban Renewal project; and adopting the Scott-Six Urban Renewal Plan therefor; Item No. 7 - an ordinance providing that general property taxes levied and collected each year on all property located within the Scott-Six Urban Renewal Project Area, in the City of Iowa City, County of Johnson County, 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; Item No. 8a. & b. - a public hearing and resolution on the execution of an agreement for private redevelopment by and between the City of Iowa City and Alvin and Mary Jo Streb. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Council Activities June 17, 1997 page 4 A public hearing was held on an ordinance amending Title 14, "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions" of the City Code to establish rules governing billing adjustments to city utility accounts for incorrect billings; to waive payment for certain solid waste/recycling services; and, to amend the City Code provision concerning the establishment of city utility accounts to eliminate the requirement of a written agreement. No one appeared. A public hearing was held on plans, specification, form of contract, and estimate of cost for construction of the North Iowa River Corridor Sanitary Sewer Improvement Project. Arty. Robert Downer, representing Margaret MacDonald, appeared. Public Works Director Schmadeke present for discussion. Moved by Thornberry, seconded by Norton, to continue the public hearing to a special formal meeting scheduled at 1:00 p.m. on June 18, 1997. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, to defer to June 18, 1997 a resolution adopting plans, specifications, form of contract, and estimate of cost for construction of the North Iowa River Corridor Sanitary Sewer Improvement Project. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Scott Boulevard Trunk Sewer Project. No one appeared. Moved by Lehman, seconded by Thornberry, to adopt RES. 97~20z~, Bk. 117, p. 204, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract and estimate of costs for the Southgate Ave. and Stevens Dr. Storm Sewer Improvements project. Mark Moyer, 1143 Briar Drive, appeared regarding the Sandusky improvements project. City Engr. Fosse present for discussion. Moved by Kubby, seconded by Lehman, to adopt RES. 97-205, Bk. 117, p. 205, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT, 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form, of contract, and estimate of cost for the construction of the Sheridan Ave. Sanitary Sewer Bypass Project. No one appeared. Complete Council Activities June 17, 1997 page 5 Moved by Lehman, seconded by Vanderhoef, to adopt RES. 97-206, Bk. 117, p. 206, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS 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. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. 'The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Brookside Drive Bridge Reconstruction project. No one appeared. Moved by Kubby, seconded by Norton, to adopt RES. 97-207, Bk. 117, p. 207, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT (PROJECT NO. BRM-3715(5)--8N-52). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Lehman, to adopt RES. 97-208, Bk. 117, p. 208, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT. [PROJECT NO. BRM-3715(5)--8N- 52] to Iowa Bridge and Culvert for $183,129.90. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, that the ordinance amending City Code Title 4, entitled "Alcoholic Beverages," Chapter 1, entitled "Definitions," Section 1, entitled "Definitions"; Title 10, entitled "Use Of Public Ways and Property," Chapter 3, entitled "Commercial Use Of Sidewalks," Section 1, entitled "Definitions"; and Title 4, entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licenses and Beer Permits," Section 2, entitled "Premises Requirements," be given first vote for consideration. The Mayor announced that staff had requested expedited action and Council would be considering this ordinance at a special meeting at 1:00 p.m. on June 18. 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 amending Title 14, Chapter 1, Article A, entitled "Streets, Sidewalks and Public Way Generally" to delete the requirement for an applicant to post a street oleanup escrow prior to the issuance of each building permit, be given first vote for consideration. Council discussed scheduling review of this ordinance after a full construction year. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Vanderhoef, that the ordinance regarding control of graffiti and requiring removal of graffiti vandalism from private property, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Council Activities June 17, 1997 page 6 Moved by Kubby, seconded by Norton, that the rule requiring ordinance to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 97-3789, Bk. 40, p. 27, AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES, CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY CODE, TO ESTABLISH THE HOURLY PARKING RATE FOR THE LINN STREET LOT AT $.50/HOUR FOR THE FIRST THREE 'HOURS AND 85.00/HOUR FOR EACH ADDITIONAL HOUR, 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 Kubby, seconded by Lehman, that 'the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Vanderhoef, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 3, entitled "General Animal Regulations," Sections 1, 3, and 4; and amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Pet Animal Control," Sections 1, 2, 3, 4, 5, 6, 8, 9, 11, and 12 of the City Code to provide new regulations regarding animals, be given first vote for consideration. Moved by Kubby, seconded by Norton, to accept correspondence from Kathryn Lindhorst. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Vanderhoef, to amend the definition of rodeo to read as follows: A contest, exhibition or competition which charges members of the public an admission fee to watch the skill of contestants or entrants in horseridership where lassoing is performed involving cattle, horses, bulls, goats, pigs, or wild bovine and/or where contestants ride wild bulls or wild horses for public entertainment.; and to amend the definition of "veterinarian to read as follows: A person who has received a doctor of veterinary medicine degree or its equivalent from an accredited or approved college of veterinary medicine. A person must be duly licenses by the State of Iowa in order to practice veterinary medicine in this State.; and to amend Section XVIll, Paragraphs C and D (City Code Sections 8~4-12C and 8-z~-12D) to provide an appeal to the City Manager if a person is denied a permit or a permit is revoked or suspended (as detailed in Asst. City Atty.. Mitchell memo of June 13). The Mayor declared the motion to amend carried, 6/1, with Thornberry voting "Nay." Acting City Atty. Dilkes noted one of the amendments was substantive and suggested giving the ordinance first consideration as amended. Original motion withdrawn. Moved by Kubby, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Vanderhoef, that the ordinance be given second consideration at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Council Activities June 17, 1997 page 7 Moved by Norton, seconded by Lehman, that the ordinance creating a Police Citizen's Review Board to assist the City in processing citizen complaints concerning the Police Department and assuring the Police Department is responsive to community needs, be given second vote for consideration. Moved by Kubby, seconded by Norton, to amend Section 1, Paragraph 2, subparagraph A to read as follows: Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate.; Section 1, Paragraph 2, subparagraph C(4) to read'as follows: Issue a final Public Report on each complaint to the City Council which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained".; Section 1, Paragraph 2, subparagraph G to read as follows: A complaint may be filed by any person with personal knowledge of an incident. Personal knowledge means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the Board may file a complaint based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge.; Section 1, Paragraph 2, subparagraph H to read as follows: In order to assure that people feel confident in the complaint process, non-police City staff shall be available at a public location other than the police department to receive complaints, although complaints may also be filed at the police department. Formal mediation shall be available to the complainant(s) and the police officers (2) at any time during the process.; Section 1, Paragraph 2, subparagraph K to read as follows: Investigation of all formal complaints is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the Board. Such reports to the Board shall include the factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained." However, such reports shall not include discipline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation may become a public record to be released by the City Attorney to the extent provided by law.; Section 1, Paragraph 2, subparagraph N to read as follows: The Board shall have oversight authority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole and shall report same to the City Council, including any recommended changes.; Section 1, Paragraph 3, subparagraph B to read as follows: Any person with "personal knowledge" of the alleged police misconduct may file a complaint with the Board or with the Iowa City Police Department. In order to have "personal knowledge," the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Counoil or the Board itself may file a complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or Complete Council Activities June 17, 1997 page 8 official filing the complaint may hereafter be referred to as the "complainant."; Section 1, Paragraph 3, subparagraph C to read as follows: All complaints filed with the Board or the Iowa City Police Department shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public, in easily accessible locations, and non-police staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the Board.; Section 1, Paragraph 3, subparagraph D to read as follows: All complaints must be filed with either the Board or the Iowa City Police Department within sixty (60) days of the alleged misconduct.; Section 1, Paragraph 3, subparagraph E to read as follows: Only those complaints which do not involve the conduct of an Iowa City sworn police officer or are not filed within sixty (60) days of the alleged misconduct may be subject to summary dismissal by the board.; Section 1, Paragraph 3 by deleting subparagraph F. [*Note: A provision regarding adoption of procedural rules and by-laws is already set out in Paragraph 7(C)(4).*].; Section 1, Paragraph 4 to read as follows: "Formal Mediation."; Section 1, Paragraph 4, subparagraph A to read as follows: Formal mediation shall be the responsibility of the Board, and shall be available to the complainant(s) and police officer(s) at any stage of the process upon consent of all involved parties and as provided by the Board. Upon the filing of a complaint, all complainants shall be informed that formal mediation is available. A complainant may also meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so.; Section 1, Paragraph 5, subparagraph B(1) to read as follows: Prior to investigation of any complaint, the Police Chief shall first give Garrit¥ and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self-incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding.; Section 1, Paragraph 5, subparagraph B(2) to read as follows: Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time during the police department's investigation and the Board's review. The Police Chief may also notify the complainant that the complainant may meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so.; Section 1, Paragraph 5, subparagraph B(4) to read as follows: The complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City Staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews.; Section 1, Paragraph 6, subparagraph B(3) to read as follows: Recommended remedial actions, if any, including amending current policies or adopting new policies.; Section 1, Paragraph 6 by inserting a new subparagraph as subparagraph C to read as follows: The Police Chief's Report to the Board shall not include discipline or personnel matters.; The remaining subparagraphs in Section 1, Paragraph 7 shall be re-lettered accordingly.; Section 1, Paragraph 7, subparagraph B(2) to read as follows: The Board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Complete Council Activities June 17, 1997 page 9 Manager's Report. This requires the Board to give deference to the Police Chief's or City Manager's Report because of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a) the findings are unsupported by substantial evidence; b) the findings are unreasonable, arbitrary or capricious; or c) the findings are contrary to a police department policy or practice, or any federal, state, or local law. When collecting and reviewing additional evidence, the Board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs.; Section 1, Paragraph 7, subparagraph B(3) to read as follows: At the conclusion of the Board's review, the Board shall issue a Public Report to the City Council concerning the complaint investigation. Such Public Report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extend to which the complaint is "sustained" or "not sustained." This Public Report shall not include the names of the complainant or the police officers unless the complaint is sustained. In addition, this Public Report shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this Public Report to the City Council shall be given to the complainant, the police officer the Police Chief and the City Manager.; Section 1, Paragraph 7, subparagraph B(4) to read as follows: The Board shall not issue a Report which is critical of the sworn police officer's conduct until after a "name-clearing hearing" has been held, consistent with constitutional due process law. The Board shall give notice of such hearing to both the police officer and the complainant so that they may testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all state and federal rights enjoyed by both the officer and the complainant. The officer may waive the right to 'this hearing upon written waiver submitted to the Board.; Section 1, Paragraph 7, subparagraph B(6) to read as follows: The Board's Report to the City Council shall be completed within thirty (30) calendar days of receipt of the Chief's or City Manager's Report. The City Council may grant requests for extensions to this deadline upon good cause shown.; Section 1, Paragraph 7, by deleting subparagraph B98) and re-numbering the remaining subparagraphs of Paragraph 7 accordingly. [*Note: Paragraph 7, subparagraph B(8) unnecessarily duplicates Paragraph 7, subparagraph B(3).*]; Section 1, Paragraph 7, subparagraph C(2) to read as follows: Collect data and do an annual report to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. The Board's annual report may also include recommended changes in police practices, policies or procedures.; Section 1, Paragraph 7, subparagraph C(4) to read as follows: The Board shall adopt procedural rules and by-laws governing the Board's activities, Complete Council Activities June 17, 1997 page 10 including the receipt and processing of complaints, and such procedural rules and by-laws shall be approved by the City Council.; Section 1, Paragraph 8, subparagraph A(1) to read follows: The Board shall consist of five (5) members appointed by the City Council, who shall be Iowa City residents at least eighteen (18) years of age and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council reserves the right to waive the residency requirement for good cause shown.; Section 1, Paragraph 8, subparagraph A(2) to read as follows: Following final adoption and publication of this ordinance, the City Council shall appoint members to the Board for staggered terms. All appointments shall be for a four (4) year term, except for the initial appointments which shall be as follows: One (1) person appointed for a two (2)-year term Two (2) persons appointed for a three (3)-year term Two (2) persons appointed for a four (4)-year term; Section 1, Paragraph 8, subparagraph B(1) to read as follows: On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint.; Section 1, Paragraph 9, subparagraph C to read as follows: Notwithstanding the above provisions, no Board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by either a Board member or by the Board itself. (All amendments as contained in Asst. City Arty. Mitchell memo of June 17). The Mayor declared the motion to amend carried, 6/1, with Vanderhoef voting "Nay." The Mayor declared the motion on second consideration of the amended ordinance carried, 6/1, with the following division of roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Baker, Kubby. Nays: Vanderhoef. Absent: None. Moved by Norton, seconded by Thornberry, to defer to July 15, 1997, a resolution approving the design of the Iowa City Transit Interchange Facility. The Mayor declared the motion carried, 5/2, with Baker and Lehman voting "Nay." Moved by Norton, seconded by Lehman, to adopt RES. 97-209, Bk. 117, p. 209, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION PROJECT to Metro Pavers for $388,163.50. City Engr. Fosse present for discussion. Affirmative roll call unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 97-210, Bk. 117, p. 210, ACCEPTING THE WORK FOR THE 1997 ASPHALT RESURFACING PROJECT AND APPROVING THE SUPPLEMENTAL CONTRACT FOR REMAINING WORK ON THE PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Norton, to adopt RES. 97-211, Bk. 117, p. 211, APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING PRESERVATION OF THE CORRIDOR FOR THE EXTENSION OF OAKDALE BOULEVARD BETWEEN FIRST AVENUE CORALVILLE AND COUNTY ROAD W66. Complete Council Activities June 17, 1997 page 11 Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Thornberry, Baker, Kubby, Lehman, Norton, Novick. Nays: Vanderhoef. Absent: None. Moved by Kubb¥, seconded by Vanderhoef, to adopt RES. 97-212, Bk. 117, p. 212, AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT AND OPERATION OF A JOINT ANIMAL CONTROL FACILITY. Animal Shelter Supv. Goodman-Herbst and Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 97-213, Bk. 117, p. 213, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1997, THROUGH JUNE 30, 2000. Affirmative roll call vote unanimous, 7/0, all Council Member present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Kubby, to adopt RES. 97-214, Bk. 117, p. 214, INTENT TO CALL A SPECIAL ELECTION no later than November 3, 1 998, on the cultural center and library expansion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, Novick, Vanderhoef, Baker. Nays: Thornberry. Absent: None. Moved by Lehman, seconded by Norton, to adopt RES. 97-215, Bk. 117, p. 215, AMENDING THE BUDGETED POSITIONS IN THE PARKING SYSTEMS DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING FOUR PART-TIME CASHIER POSITIONS (for Linn St. parking lot). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Lehman, to appoint Mark Anderson, 202 Linden Ct., to the Design Review Comm. for a Licensed Architect or Business/Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1998. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Norton noted the speed humps on Teg Drive seem to be working efficiently. Norton commended on the ArtsFest held in Downtown Iowa City June 12-15. In response to Norton, Acting City Atty. Dilkes reported that Airport Commissioners have contacted Mr. Goree (Consent Calendar item) regarding airport noise. Council Member Kubby raised concerns regarding the need for an independent emergency response team. Kubby voiced her support of the Iowa City Human Rights Commission advocating to the State Civil Rights Commission individual protection on the basis of sexual orientation. Mayor Novick indicated she would be sending a letter of Council support. Kubby noted the 50th anniversary of the Summit Apartment Coop and the 20th anniversary of New Pioneer Coop. In response to Kubby, Council discussed the SEATS negotiating process. Kubby noted the 75th anniversary of the election of Emma Harvat as Complete Council Activities June 17, 1997 page 12 Mayor of Iowa City marking the first female Mayor in the state and in the United States. Council Member Thornberry recognized Council Member Norton's upcoming 75th birthday on July 2, and Council Member Baker's 50th birthday on June 28. Council Member Vanderhoef presented a pink flamingo to Council Member Baker in recognition of his birthday and publication of his new book. Thornberry stated his wish that laws did not have to be passed to protect anyone and that excellence in performance is the protected class. Council Member Baker thanked Council for their birthday wishes, and acknowledged the 25th anniversary of Watergate and the 30th birthday of his son, Tim. In response to Baker, the City Manager will follow up with New Pioneer on parking issues and parking lot signage. Mayor Novick presented a birthday card to Council Member Norton. Council Member Kubby announced the birth of Molly Shepherd on June 17. Moved by Lehman, seconded by Thornberry, to defer to June 18, 1997, a motion to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Lehman, to adjourn 9:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. N~omi J(~/No~zick, Mayor 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 (319)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 - 6/2/97 Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Kubby, Lehman, Norton, Noviok, Thornberry, Vander- hoef. Absent: Baker. Moved and seconded to adjourn to execu- tive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of par- ticular real estate only where premature disclo- sure 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 (real estate) shall be available for public examination when the transaction dis- cussed is completed. The Mayor declared the motion carried. Moved by Norton, seconded by Kubby, to reconvene the special meeting on June 3, 1997 at 6:00 p.m. The Mayor declared the motion carried. Council adjourned the special meeting 7:10 p.m. Council reconvened the special meeting at 6:00 p.m., June 3, 1997, all Council Members present. Moved and seconded to adjourn back into executive session. The Mayor declared the motion carried. Moved and seconded to adjourn 7:12 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. ov,c , s/MARIAN K, KARR, .CITY CLERIC Submitted for publication 6/9/97. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceedings and claims is ~ Cumulative cost for this calendar year for said publication is 8 OFFICIAL COUNCIL ACTIONS - 6/3/97 Iowa City City Council, regular meeting, 7:12 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. The Mayor proclaimed Run for a Million Day - June 4, Carol Lear accepted; Home Ownership Week - June 7-14. 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 A~tions of the regular meeting of May 20, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. - May 27. (a) The Committee recommends to Council the approval of the design review application for the Iowa City Transit Interchange Facility as submitted subject to: the use of a copper roof; not cutting corner on the selection of materials; Design Review Comm. review and approval of exterior signs; and the architect reviewing the quantity and size of columns. Historic Preservation Comm. ~- April 15, May 13, May 21. Human Rights Comm.- May 19. Sr. Center Comm. - April 28. Permit Motions: Class C Liquor License for Wig & Pen Pizza Pub, 1220 Hwy. 6 West. Outdoor Service Area for Wig & Pen Pizza Pub, 1220 Hwy. 6 West. 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 Liquor License" for Fitzpatrick's, 521 - 525 S. Gilbert Official Council Actions June 3, 1997 page 2 St. Outdoor Service Area for Fitzpatrick's, 521 - 525 S. Gilbert St. Class E Beer Permit for John's Grocery, 401 E. Market St. Class C Beer Permit for Tobacco Outlet Plus #537, 86 Sturgis Corner South. RES. 97-168, ISSUE A DANCING PERMIT. RES. 97-169, ISSUE CIGARETTE PERMIT. Setting Public Hearings: Set a public hearing for June 17 on an ordinance amending Title 14, "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions" of the City Code to establish rules governing billing adjustments to city utility accounts for ' incorrect billings; to waive payment for certain solid waste/recycling services; and, to amend the City Code provision concerning the establishment of city utility accounts to eliminate the requirement of a written agreement. RES. 97-170, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-171, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-172, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND Official Council Actions June 3, 1997 page 3 DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-173, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS 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. 97-174, SETTING COMPENSATION FOR THE ACTING CITY ATTORNEY. Correspondence: Julie Phye, Stepping Up Project, regarding update. Jay Shaw regarding Shaw shooting. Suzanne Gurnett Streitz, Downtown Association, regarding Family Fun Day. Applications for Use of Streets and Public Grounds, all approved: Diane Sulg, Iowa City Arts Fest - June 11-15. Robin Butler, Iowa City Pride Parade June 14. Lisa Barnes, Downtown Association Fun Day June 14. Bill Summers, American Heart Association Heart Ride - June 29. Applications for Use of City Plaza, all approved: Nicole Cook, RVAP, distribute literature - May 27. Donna Palmer, ICARE Pancake Breakfast June 15. Lisa Barnes, Downtown Association Sidewalk Sales - July 17-20. The Mayor declared the motion carried. Michael Wayne Neuman, 1447 Eastview (Coralville), requested better enforcement of no bikes on the sidewalks and questioned the operating hours of SEATS. Holly Berkowitz, 612 Granada Ct., concerning public rights and private rights. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article P, entitled "Fences and Hedges," to change the vision triangle requirement at intersections. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. Official Council Actions June 3, 1997 page 4 Moved and seconded to continue the public hearing to June 17. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit portable signs as a provisional sign in the CB-2, CB-5, and CB-10 zones. Moved and seconded to continue the public hearing to June 17. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinance be voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 97~3786, AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 2.38 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD FROM RS-5, LOW DENSITY SINGLE- FAMILY RESIDENTIAL, TO OPDH-12, PLANNED DEVELOPMENT HOUSING OVERLAY HOUSING, 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. Moved and seconded to adopt ORD. 97-3787, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," TO PROVIDE ELDERLY HOUSING ALTERNATIVES IN IOWA CITY, IOWA. Moved and seconded to amend the ordinance to erase the word "owner-occupied" in the definition of elder family home; insert "managed and/or owned by a responsible party"; and insert the definition of "responsible party". The Mayor declared the motion to amend carried. Moved and seconded to accept correspondence from Pain Ehrhardt. The Mayor declared the motion carried. The Mayor declared the ordinance adopted, as amended. Moved and seconded to adopt RES. 97-175, APPROVING THE FINAL PLAT OF WALDEN HILLS, IOWA CITY, IOWA. Moved and seconded to adopt RES. 97-176, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF MEADOW VIEW SUBDIVISION, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 97-177, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF Official Council Actions June 3, 1997 page 5 WILLIAMS WOODS SUBDIVISION, JOHNSON COUNTY, IOWA. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of the Wylde Green Sanitary Sewer Project. Moved and seconded to adopt RES. 97-178, APPROVE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WYLDE GREEN SANITARY SEWER 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. Moved and seconded that the ordinance amending Title 3, "City Finances, Taxation and Fees, Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," of the City Code, to establish the hourly parking rate for the Linn street lot at ~.50/hour for the first three hours and $5.00/hour for the fourth and all additional hours, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 8, Entitled "Police Regulations," Chapter 3 entitled "General Animal Regulations," Sections 1, 3, and 4; and amending Title 8, entitled "Police Regulations," Chapter z~, entitled "Pet Animal Control," Sections 1, 2, 3, 4, 5, 6, 8, 9, 11, and 12 of the City Code to provide new regulations regarding animals, be given first vote for consideration. Moved and seconded to amend the restricted animal list (2) to read as follows: "Iguana iguana, lizards of the order of Chamaeleontidae, and lizards of the genus Varanus, excluding species Kokodoensis, Salvadoril, Salvator, Niloticus, Albigularis, and Indicus." and to include all species listed after the word "excluding" in the prohibited list as well. The Mayor declared the motion to amend carried. The following individuals appeared: Steve Kendall, representing the circus industry, Pittsburgh, PA; and Terry Greer, Animal Welfare Coordinator for the sport of rodeo, Colorado Springs, CO. Moved and seconded to accept correspondence from: Sheila Lehrke, International Professional Rodeo Association; Tommy Joe Lucia. The Mayor declared the motion carried. The Mayor declared the Official Council Actions June 3, 1997 page 6 motion carried on first consideration of the ordinance. Moved and seconded that the ordinance creating a Police Citizen's Review Board to assist the City in processing citizen complaints concerning the Police Department and assuring the Police Department is responsive to community needs, be given first vote for consideration. Moved and seconded to amend the ordinance to include a four year sunset clause. The Mayor declared the motion to amend carried. The Mayor declared the motion carried on first consideration as amended. Moved and seconded that the ordinance providing that general property taxes levied and collected each year on all property located within the Scot. t-Six Urban Renewal project area (Streb), in the City of Iowa City, County of Johnson County, 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. Moved and seconded to amend the ordinance by deleting the following from Section 2: "which certification is directed to be made during the 1997 calendar year". The Mayor declared the motion to amend carried. The Mayor declared the motion carried on second consideration of the amended ordinance. Moved and seconded to adopt ORD. 97-3788, AMENDING TITLE 9, CHAPTER 1, SECTIONS 1, 7, AND 8; TITLE 9, CHAPTER 3, SECTION 3, SECTION 9; TITLE 9, CHAPTER 8, SECTION 1; TITLE 10, CHAPTER 5, SECTION 4; AND TITLE 10, CHAPTER 9, SECTION 2 OF THE CITY CODE TO PROVIDE NEW REGULATIONS REGARDING NON-MOTORIZED VEHICLES AND BICYCLES. Moved and seconded to amend the ordinance to add "small wagons" to the excluded list along with bicycles, wheelchairs, baby strollers, and baby carriages. The Mayor declared the motion to amend carried. The Mayor declared the ordinance adopted as amended. Moved and seconded to adopt RES. 97-179, RESCINDING RESOLUTION NO. 96- 321 AND APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO SUITE 160, Official Council Actions June 3, 1997 page 7 OLD CAPITOL MALL, 201 S. CLINTON STREET Moved and seconded to defer to June 17 a resolution approving the design of the Iowa City Transit Interchange Facility. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-180, AUTHORIZING AN AGREEMENT FOR ACQUISITION OF PROPERTY IN LIEU OF CONDEMNATION BETWEEN RONALD F. JOHNSON AND THE CITY OF IOWA CITY, IOWA, FOR THE CONSTRUCTION OF A MUNICIPAL PARKING FACILITY. Moved and seconded to accept the form of tax exemption certificate pertaining to the 810,600,000 Sewer Revenue Bonds. The Mayor declared the motion carried. Moved and seconded to accept the form of continuing disclosure certificate pertaining to the 810,600,000 Sewer Revenue Bonds. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-181, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF NOT TO EXCEED 810,600,000 SEWER 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. Moved and seconded to adopt RES. 97-182, AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING THE POSITIONS OF SECTION 8 COORDINATOR, PUBLIC HOUSING COORDINATOR, AND INTAKE WORKER. Moved and seconded to adopt RES. 97-183, RECLASSIFYING THE POSITION OF MAINTENANCE WORKER I IN THE CENTRAL BUSINESS DISTRICT DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND AMENDING THE AFSCME PAY PLAN. Moved and seconded to adopt RES. 97-184, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL- CIO, LOCAL ¢/610 TO BE EFFECTIVE JULY 1, 1997, THROUGH JUNE 30, 2000. Moved and seconded to adopt RES. 97-185, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND Official Council Actions June 3,1997 page 8 TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 97-186, AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE EAST-WEST ARTERIAL PHASE I IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 97-187, 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 SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS OF CORALVILLE, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE EAST-WEST ARTERIAL PHASE I IMPROVEMENTS. Moved and seconded to adopt RES. 97-188, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE WILLOW CREEK INTERCEPTOR SEWER PROJECT. Moved and seconded to adopt RES. 97-189, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE WILLOW CREEK TRIAL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS. Moved and seconded to defer to June 17, a resolution awarding contract for construction of the Brookside Drive Bridge Reconstruction Project and to set a public hearing on plans, specifications, form of contract, and estimate of cost for this project. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-190, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE. The Mayor noted no bids had been received on the 1997 Curb Ramps Project so the resolution awarding bid would not be acted on at this time. Official Council Actions June 3, 1997 page 9 Moved and seconded to adopt RES. 97-191, 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 SHIVE-HATTERY, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER CORRIDOR TRAIL PROJECT FROM BURLINGTON STREET TO NAPOLEON PARK. The Mayor noted the previously announced vacancy: Design Review Comm. - one vacancy for a Licensed Architect or Business/Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1998. This appointment will be made at the June 17 meeting of the City Council. Moved and seconded to appoint Pam Michaud, 109 S. Johnson St., to the Historic Preservation Comm. for a three-year term ending March 29, 2000, representing the College Green District; and appoint Council Member Larry Baker to the JCCOG Urbanized Area Policy Board as the sixth representative of Iowa City. The Mayor declared the motion carried. Moved and seconded to adjourn 10:25 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk. s/Naomi J. Novick, Mayor s/Marian K. Karr, City Clerk Su/~itted for pul~lication 6/12/97 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at (319)356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 2, 1997 Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Kubby, Lehman, Norton, Novick, Thorn- berry, Vanderhoef. Absent: Baker. Staffmembers present: Dilkes, Karr. Council min- utes tape recorded on Tape 97-85, sides 1 & 2. Moved by Lehman, seconded by Vanderhoef, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably ex- pected to increase the price the governmental body would have to pay for that prop- erty. The minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor de- clared the motion carried and adjourned to executive session 6:05 p.m. Council returned to open session 7:05 p.m. Moved by Norton, seconded by Kubby, to reconvene the special meeting on June 3, 1997 at 6:00 p.m.. The Mayor declared the motion carried, 4/0, Baker, Thornberry, Vanderhoef absent. Council adjourned the special meeting 7-'10 p.m. Council reconvened the special meeting at 6:00 p.m., June 3, 1997, all Council Members present. Moved by Lehman, seconded by Vanderhoef, to adjourn back into executive session. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned back into executive session 6:02 p.m. Council returned to open session 7:10 p.m. Moved by Lehman, seconded by Norton, to adjourn the special meeting 7:12 p.m. The Mayor declared the motion carried unanimously, 4/0, Baker, Thornberry, Vanderhoef absent. Naomi J. Novick, 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 JUNE 3, 1997 Iowa City City Council, regular meeting, 7:12 p.m. at the Civic Center.. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Franklin, Scott, Fosse, Fowler, Goodman-Herbst, O'Malley, Schmadeke, Grosvenor, Boothroy. Council minutes tape recorded on Tapes 97-90 & 97-91; Both Sides. The Mayor proclaimed Run for a Million Day - June 4, Carol Lear accepted; Home Ownership Week - June 7-14. 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 the regular meeting of May 20, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. - May 27. (a) The Committee recommends to Council the approval of the design review application for the Iowa City Transit Interchange Facility as submitted subject to: the use of a copper roof; not cutting corner on the selection of materials; Design Review Comm. review and approval of exterior signs; and the architect reviewing the quantity and size of columns. Historic Preservation Comm. - April 15, May 13, May 21. Human Rights Comm. - May 19. Sr. Center Comm. - April 28. Permit Motions: Approving a Class C Liquor License for Wig & Pen Pizza Pub, 1220 Hwy. 6 West. Approving an Outdoor Service Area for Wig & Pen Pizza Pub, 1220 Hwy. 6 West. Approving a Class C Liquor License for Mumm's Saloon & Eatery, 21 W. Benton St. Approving an Outdoor Service Area for Mumm's Saloon & Eatery, 21 W. Benton St. Approving a' Class C Liquor License for Fitzpatrick's, 521 525 S. Gilbert St. Approving an Outdoor Service Area for Fitzpatrick's, 521 - 525 S. Gilbert St. Approving a Class E Beer Permit for John's Grocery, 401 E. Market St. Approving a Class C Beer Permit for Tobacco Outlet Plus #537, 86 Sturgis Corner South. RES. 97-168, Bk. 117, p. 168, ISSUE A DANCING PERMIT. RES. 97-169, Bk. 117, p. 169, ISSUE CIGARETTE PERMIT. Setting Public Hearings: Set a public hearing for June 17 on an ordinance amending Title 14, "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions" of the City Code to establish rules governing billing adjustments to city utility accounts for incorrect billings; to waive payment for certain solid waste/recycling services; and, to amend the City Code provision concerning the establishment of city utility accounts to eliminate the requirement of a written agreement. RES. 97-170, Bk. 117, p. 170, SETTING A PUBLIC HEARING for June 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT, Council Activities June 3, 1997 page 2 DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-171, Bk. 117, p. 171, SETTING A PUBLIC HEARING for June 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-172, Bk. 117, p. 172, SETTING A PUBLIC HEARING for June 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-173, Bk. 117, p. 173, SETTING A PUBLIC HEARING for June 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS 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. 97-174, Bk. 117, p. 174, SETTING COMPENSATION FOR THE ACTING CITY ATTORNEY at $49,842. Correspondence: Julie Phye, Stepping Up Project, regarding update. Jay Shaw regarding Shaw shooting. Suzanne Gurnett Streitz, Downtown Association, regarding Family Fun Day. Applications for Use of Streets and Public Grounds, all approved: Diane Sulg, Iowa City Arts Fest - June I 1-15. Robin Butler, Iowa City Pride Parade - June 14. Lisa Barnes, Downtown Association Fun Day - June 14. Bill Summers, American Heart Association Heart Ride - June 29. Applications for Use of City Plaza, all approved: Nicole Cook, RVAP, distribute literature - May 27. Donna Palmer, ICARE Pancake Breakfast - June 15. Lisa Barnes, Downtown Association Sidewalk Sales - July 17-20. Council Member Kubby requested the neighborhood associations be contacted on the projects affecting their neighborhood. City staff will follow-up. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Michael Wayne Neuman, 1447 Eastview (Coralville), requested better enforcement of no bikes on the sidewalks and questioned the operating hours of SEATS. Holly Berkowitz, 612 Granada Ct., appeared regarding public rights and private rights. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article P, entitled "Fences and Hedges," to change the vision triangle requirement at intersections. No one appeared. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. No one appeared. PCD Director Council Activities June 3, 1997 page 3 Franklin present for discussion. After discussion, the Council agreed to continue the public hearing and have first consideration at their June 17 Council meeting. Moved by Vanderhoef, seconded by Norton, to continue the public hearing to June 17. 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, entitled "Zoning," Article O, entitled "Sign Regulations," to permit portable signs as a provisional sign in the CB-2, CB-5, and. CB-10 zones. PCD Director Franklin present for discussion. Moved by Kubby, seconded by Vanderhoef, to continue the public hearing to June 17. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Thornberry, that the rule requiring ordinance be voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 97-3786, Bk. 40, p. 24, AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 2.38 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD FROM RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO OPDH-12, PLANNED DEVELOPMENT HOUSING OVERLAY HOUSING, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Thornberry, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Thornberry, seconded by Lehman, to adopt ORD. 97-3787, Bk. 40, p. 25, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," TO PROVIDE ELDERLY HOUSING ALTERNATIVES IN IOWA CITY, IOWA. Moved by Thornberry, seconded by Lehman, to amend the ordinance to erase the word "owner-occupied" in the definition of elder family home; insert "managed and/or owned by a responsible party"; and insert the definition of "responsible party". The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Lehman, to accept correspondence from Pain Ehrhardt, and requested that staff send a written response. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted, as amended. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-175, Bk. 117, p. 175, APPROVING THE FINAL PLAT OF WALDEN HILLS, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Kubby absent. The Mayor declared the resolution adopted. Moved by Baker, seconded by Norton, to adopt RES. 97-176, Bk. 117, p. 176, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF MEADOW VIEW SUBDIVISION, JOHNSON COUNTY, IOWA. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities June 3, 1997 Page 4 revised 6/17/97 Moved by Thornberry, seconded by Kubby, to adopt RES. 97-177, Bk. 117, p. 177, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WILLIAMS WOODS SUBDIVISION, JOHNSON COUNTY, IOWA. 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 Wylde Green Sanitary Sewer Project. No one appeared. Moved by Kubby, seconded by Lehman, to adopt RES. 97-178 , Bk. 117. p 178, APPROVE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WYLDE GREEN SANITARY SEWER 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 for 10:30 a.m., July 1. 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 ordina'nce amending Title 3, "City Finances, Taxation and Fees, Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," of the City Code, to establish the hourly parking rate for the Linn street lot at $.50/hour for the first three hours and $5.00/hour for the fourth and all additional hours, be given first vote for consideration. Parking & Transit Director Fowler present for discussion. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the motion carried. Moved by Kubby, seconded by Norton, that the ordinance amending Title 8, Entitled "Police Regulations," Chapter 3 entitled "General Animal Regulations," Sections 1, 3, and 4; and amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Pet Animal Control," Sections 1, 2, 3, 4, 5, 6, 8, 9, 11, and 12 of the City Code to provide new regulations regarding animals, be given first vote for consideration. Animal Shelter Supv. Goodman-Herbst present for discussion. Council requested staff report back on the requirement that a veterinarian be licensed in the State of Iowa, suggesting the state reference be dropped and detail the procedure should a permit be denied. After discussion, moved by Kubby, seconded by Vanderhoef, to amend the restricted animal list (2) to read as follows: "Iguana iguana, lizards of the order of Chamaeleontidae, and lizards of the genus Varanus, excluding species Kokodoensis, Salvadoril, Salvator, Niloticus, Albigularis, and Indicus." and to include all species listed after the word "excluding" in the prohibited list as well. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. The following individuals appeared: Steve Kendall, representing the circus industry, Pittsburgh, PA; and Terry Greet, Animal Welfare Coordinator for the sport of rodeo, Colorado Springs, CO. Moved by Lehman, seconded by Thornberry, to accept correspondence from: Sheila Lehrke, International Professional Rodeo Association; Tommy Joe Lucia. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous on first consideration of the amended ordinance, 7/0, all Council Members present. The Mayor declared the motion carried. Council Activities June 3, 1997 page 5 Moved by Kubby, seconded by Lehman, that the ordinance creating a Police Citizen's Review Board to assist the City in processing citizen complaints concerning the Police Department and assuring the Police Department is responsive to community needs, be given first vote for consideration. Acting City Atty. Dilkes and Asst. City Atty. Mitchell present for discussion. Individual Council Members expressed their view on changes to the ordinance. Acting City Atty. Dilkes stated she viewed the changes as non-substantive and staff would review the proposed amendments and have them incorporated into the ordinance prior to second consideration. After discussion, mowed by Thornberry, seconded by Vanderhoef, to amend the ordinance to include a four year sunset clause. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. The Mayor declared the motion carried on first consideration as amended, 6/1, with the following division of roll call vote: Ayes: Norton, Novick, Thornberry, Baker, Kubby, Lehman. NAYS: Vanderhoef. Absent: None. Council took a brief recess. Moved by Thornberry, seconded by Vanderhoef, that the ordinance providing that general property taxes levied and collected each year on all property located within the Scott-Six Urban Renewal project area (Streb), in the City of Iowa City, County of Johnson County, 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 1:o and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Redevelopment Project. PCD Director Franklin present for discussion. Moved by Norton, seconded by Lehman, to amend the ordinance by deleting the following from Section 2: "which certification is directed to be made during the 1997 calendar year)". The Mayor declared 'the motion to amend carried unanimously, 7/0, all Council Members present. The Mayor declared the motion carried, 6/1, on second consideration of the amende.d ordinance, with the following division of roll call vote: Ayes: Novick, Thornberry, Vanderhoef, Baker, Lehman, Norton. Nays: Kubby. Absent: None. Moved by Thornberry, seconded by Norton, to adopt ORD. 97-3788, Bk. 40, p. 26, AMENDING TITLE 9, CHAPTER 1, SECTIONS 1, 7, AND 8; TITLE 9, CHAPTER 3, SECTION 3, SECTION 9; TITLE 9, CHAPTER 8, SECTION 1; TITLE 10, CHAPTER 5, SECTION 4; AND TITLE 10, CHAPTER 9, SECTION 2 OF THE CITY CODE TO PROVIDE NEW REGULATIONS REGARDING NON-MOTORIZED VEHICLES AND BICYCLES. Moved by Kubby, seconded by Vanderhoef, to amend the ordinance to add "small wagons" to the excluded list along with bicycles, wheelchairs, baby strollers, and baby carriages. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted as amended. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-179, Bk. 117, p. 179, RESCINDING RESOLUTION NO. 96-321 AND APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO SUITE 160, OLD CAPITOL MALL, 201 S. CLINTON Council Activities June 3, 1997 page 6 STREET (Taco Bell). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Thornberry, defer to June 17 a resolution approving the design of the Iowa City Transit Interchange Facility. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 97-180, Bk. 117, p. 180, AUTHORIZING AN AGREEMENT FOR ACQUISITION OF PROPERTY IN LIEU OF CONDEMNATION BETWEEN RONALD F. JOHNSON AND THE CITY OF IOWA CITY, IOWA, FOR THE CONSTRUCTION OF A MUNICIPAL PARKING FACILITY. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Norton, to accept the form of tax exemption certificate pertaining to the $10,600,000 Sewer Revenue Bonds. The Mayor declared the motion carried unanimously, 6/0, Baker absent. Moved by Kubby, seconded by Vanderhoef, to accept the form of continuing disclosure certificate pertaining to the 910,600,000 Sewer Revenue Bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, to adopt RES. 97-181, Bk. 117, p. 181, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF NOT TO EXCEED 910,600,000 SEWER 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 Baker, seconded by Vanderhoef, to adopt RES. 97-182, Bk. 117, p. 182, AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING THE POSITIONS OF SECTION 8 COORDINATOR, PUBLIC HOUSING COORDINATOR, AND INTAKE WORKER. Housing Adm. Grosvenor present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 97-183, Bk. 117, p. 183, RECLASSIFYING THE POSITION OF MAINTENANCE WORKER I IN THE CENTRAL BUSINESS DISTRICT DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND AMENDING THE AFSCME PAY PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 97-184, Bk. 117, p. 184, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL- CIO, LOCAL #610 TO BE EFFECTIVE JULY 1, 1997, THROUGH JUNE 30, 2000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Norton, to adopt RES. 97-185, Bk. 117, p. 185, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE Council Activities June 3, 1997 page 7 SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT. 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. 97-186, Bk. 117, p. 186, AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE EAST-WEST ARTERIAL PHASE I IMPROVEMENTS PROJECT. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Baker, Kubby. Absent: None. Moved by Thornberry, seconded by Lehman, to adopt RES. 97-187, Bk. 117, p. 187, 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 SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS OF CORALVILLE, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE EAST-WEST ARTERIAL PHASE I IMPROVEMENTS. PW Director Schmadeke present for discussion. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Baker, Kubby. Absent: None. Moved by Vanderhoef, seconded by Baker, to adopt RES. 97-188, Bk. 117, p. 188, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR 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. Moved by Norton, seconded by Kubby, to adopt RES. 97-189, Bk. 117, p. 189, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE WILLOW CREEK TRIAL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS. City Engr. Fosse present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Novick, Vanderhoef, Baker, Kubby, Lehman, Norton. Nays: Thornberry. Absent: None. Moved by Lehman, seconded by Thornberry, to defer to June 17, a resolution awarding contract for construction of the Brookside Drive Bridge Reconstruction Project and to set a public hearing on plans, specifications, form of contract, and estimate of cost for this project. City Engr. Fosse present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Kubby, to adopt RES. 97-190, Bk. 117, p. 190, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE to Streb Construction Co. for 91,149,808.82. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities June 3, 1997 page 8 The Mayor noted no bids had been received on the 1997 Curb Ramps Project so the resolution awarding bid would not be acted on at this time. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 97-191, Bk. 117, p. 191, 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 SHIVE-HATTERY, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER CORRIDOR TRAIL PROJECT FROM BURLINGTON STREET TO NAPOLEON PARK. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor announced the unofficial vote on the Johnson County Recorder position as: Conger 4,056 and Lacina 4,035. The Mayor noted the previously announced vacancy: Design Review Comm. - one vacancy for a Licensed Architect or Business/Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1998. This appointment will be made at the June 17 meeting of the City Council. Moved by Lehman, seconded by Vanderhoef, to appoint Pam Michaud, 109 S. Johnson St., to the Historic Preservation Comm. for a three-year term ending March 29, 2000, representing the College Green District; and appoint Council Member Larry Baker to the JCCOG Urbanized Area Policy Board as the sixth representative of Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Baker noted that Council had been meeting six hours, and staff had been working for the City more than 14 hours that day. Council Member Vanderhoef asked citizens to be aware of private contractors doing home repair over the summer months. The Mayor encouraged citizens to call their insurance adjuster prior to contracting work for hail damage. Council Member Thornberry reported he had received a thank you from a citizen who had received both of their water bills in one envelope; stated the City was still researching issues concerning TCI; and staff was following up on clean-up of the Highway 6 By-pass. Council Member Kubby reminded citizens of Toxic Clean-Up Day scheduled June 7; the beginning of Arts Fest June 14; ahd requested that the recruitment procedure for a new City Attorney be placed on the work session agenda of June 16. Council Member Norton noted stacking of the left turn lane from Gilbert onto Hwy. 6 and asked staff to look at it; and stated his concerns for the conversion of agricultural land to urban in the County. Moved by Kubby, seconded by Lehman, to adjourn 10:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr, City Clerk Council Activities June 3, 1997 page 4 ~ Moved by Thornberry, seconded by Kubby, to adopt RES. 97-177, Bk. 117, p. 1'7,,7, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WILLIAMS WOODS SUBDA(!SION, ,JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Oo,,uncil Members present. The Mayor declared the resolution adoptedtl ,A pOt~c hearing was held on a resolution approving plans, specifications, form of_co_ntra~, and estimate of cost for construction of the Wylde Green Sanitary Sewer Project. N~one appeared. __ Moved by KL3b~by, seconded by Lehman, to adopt RES. 97~1~78 , Bk. 117. p 178,_APPROVE PLANSx, SPECIFICATIONS, FORM OF CONTRAGT, AND ESTIMATE OF COST FOR CONST, RUCTION OF THE WYLDE GREEI~"'SANITARY SEWER PROJECT, ESTABLISHIN~AMOUNT OF BID SECURITY T/~ ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TOt BIDDERS, AND FIXING TIME AND PLACE FOR RECEIP. T OF BIDS for 10:30 p,m., July 1. Affirmative roll call vote unanimous, 7/0, all C-~uncil Members pre§~'nt. The Mayor declared the resolution adopted. Moved by Norton, seconded~by Thornberry/, that the ordinance amending Title 3, "City Finances, Taxation an?x;Fees, Ch~ter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, ~of th,e' City Code, to establish the hourly parking rate for' the Linn street lot atX~.7~O/hour for the first three hours and ~5.00/hour for the fourth and all ad,c~t~onal hours, be given first vote for consideration. Parking & Transit Director//Fo~ler present for discussion. Affirmative roll call vote unanimous, 6/0, Baker ab~'bnt. TI~ Mayor declared the motion carried. Moved by Kubby, seconded by'Norton, tl~at the ordinance amending Title 8, Entitled "Police Regulations," Cha/15ter 3 entitlekql "General Animal Regulations," Sections 1, 3, and 4; and amenc~i~g Title 8, entitled "Police Regulations," Chapter 4, entitled "Pet Animal Control,';~ Sections 1, 2, 3, z~,X5, 6, 8, 9, 11, and 12 of the City Code to provide new re~julations regarding anir~als, be given first vote for consideration. Animal Shel er Supv. Goodman-Herb~s present for discussion. Courted requested staff r~port back on the requiremerit that a veterinarian be licensed in the State of I?'wa, suggesting the state reference be dropped and detail the procedure should ~ permit be denied. After discussi~,B, moved by Kubby, seconded by Vanderh/e'ef, to amend the restricted animal list (2) to read as follows: guana ~guana, lizCds of the order of Chamaeleont~dae, and I~ards of the genus Varanus, excludin~t/spe. cie. s Kokodoensis, Salvadoril, Salvator, Nilo~icus, AIb,!gularis, and Indicus." ar~ to include all species listed after the word "e~c, luding in the prohibited list/as well. The Mayor declared the motion to ahoend carried unanimously,/~/O, all Council Members present. The following individu~l~ appeared: Steve Kenjd~ll,,,repre..sen.ting. the circus industry, Pittsburgh, PA; and Te~ry Greer, Animal We)fare Coordinator for the sport of rodeo, Colorado Springs, CO. I~oved by Lehman,/~econded by Thornberry, to accept correspondence from: Sheila ~ehrke, Internat/i~nal Professional Rodeo Association; Tommy Joe Lucia. The I~yor declar/dd.. t e .h .motio..n carried unanimously, 7/0, all Council Members prese.~. Affirmative roll call vote unanimous on first consideration of the amended~ ordinance, 7/0, all Council Members present. The Mayor declared the motion carried.