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HomeMy WebLinkAbout1997-07-15 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 JULY 15, 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: Atkins, Helling, Dilkes, Karr, Miklo, O'Neil, Fosse, Schoenfelder, Goodman-Herbst, McClure, Schmadeke. Council minutes tape recorded on Tapes 97-105 & 97-106, Both Sides; 97-107, Side 1. Moved by Lehman, 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 July 2 and the regular meeting of June 17 as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - June 11. P&R Comm. - June 18. P&Z Comm. - June 19. Design Review Comm. - June 30. Approve the design plans for Phase One of the raised platform and ramp along the Clinton Street side of Old Capitol Mall. Bd. of Appeals - May 5. Permit Motions: Approving a Class C Liquor License for Roxie's, 2300 Muscatine Ave. Approving a Class C Liquor License for Tuck's Place, 210 N. Linn St. Approving a Class C Liquor License for Fraternal Order of Eagles Iowa City Aerie #965, 225 Hwy. 1 S. Approving a Class C Liquor License for Memories, 928 Maiden Lane. Approving a Class B Liquor License for Holiday Inn Iowa City, 210 S. Dubuque St. Approving an Outdoor Service Area for Holiday Inn Iowa City, 210 S. Dubuque St. Approving a Class C Liquor License for Vito's, 118 E. College St. Approving a Class E Liquor License for Drug Town, 1221 N. Dodge St. Approving a Class E Beer Permit for Drug Town, 1221 N. Dodge St. Approving a refund of an unused portion of a Special Class C Liquor License for Pizza Hut #402041, 127 Iowa Ave. RES. 97-219, Bk. 118, p. 21 9, TO ISSUE CIGARETTE PERMITS. RES. 97-220, BK. 118, P. 220, TO ISSUE DANCING PERMIT. Setting Public Hearings: RES. 97-221, Bk. 118, p. 221, SETTING A PUBLIC HEARING for July 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROBERT A. LEE COMMUNITY RECREATION CENTER GYMNASIUM FLOOR AND REPLACEMENT OF IOWA CITY/JOHNSON COUNTY SENIOR CENTER AEROBICS ROOM FLOOR, 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. 97-222, Bk. 118, p. 222, Council Activities July 15, 1997 page 2 SETTING A PUBLIC HEARING for July 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE NAPOLEON PARK SOFTBALL FIELD FENCING PROJECT, DIRECTING CITY CLERK TO PUBLISH TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-223, Bk. 118, p. 223, SETTING A PUBLIC HEARING for July 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LIBRARY ROOF REPLACEMENT 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. 97-224, Bk. 118, p. 224, SETTING A PUBLIC HEARING for July 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-225, Bk. 118, p. 225, SETTING A PUBLIC HEARING for July 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER, 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. Resolutions, Bk. 118: RES. 97-226, p. 226, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DISCLOSURE STATEMENT AND A 10-YEAR DEPRECIATING PROMISSORY FOR THE PROPERTY LOCATED AT 712 DEARBORN STREET, IOWA CITY, IOWA. RES. 97-227, p. 227, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DISCLOSURE STATEMENT AND A 10-YEAR DEPRECIATING PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1908 F STREET, IOWA CITY, IOWA. RES. 97-228, p. 228, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DISCLOSURE STATEMENT AND A 10-YEAR DEPRECIATING PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 619 DEARBORN STREET, IOWA CITY, IOWA. RES. 97-229, p. 229, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LIEN FOR PROPERTY LOCATED AT 942 IOWA AVENUE, IOWA CITY, IOWA. RES. 97- 230, p. 230, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, AND WATER MAIN PUBLIC IMPROVEMENTS FOR MORMON TREK VILLAGE, PHASE I. RES. 97-231, p. 231, ACCEPTING THE WORK FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT. Correspondence: Ken and Deb Sickels regarding temporary sidewalk. David and Susan Novotny regarding Sandusky Storm Sewer Project. C. Council Activities July 15, 1997 page 3 *Revised 7/29/97 Kearns regarding Shaw shooting. JCCOG Traffic Engineering Planner regarding Stop Sign Installation at Rushmore Drive and Mormon Trek Boulevard. Civil Service Comm. submitting certified lists of applicants for the following position(s): Maintenance Worker I - Rec; Central Services Information Clerk. Jaycees regarding 4th of July events. Pepperwood Neighborhood Assn. regarding Sandusky Sewer Project. Longfellow Neighbors regarding drug dealing in their neighborhood. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearing as set. Richard Twohy, 903 N. Dodge, appeared requesting Council passage of a resolution flying the flag at half staff for the week of August 30 in memorial to Eric Shaw. The following individuals appeared regarding the Dubuque Street Sidewalk: Ellen Widiss, 316 Kimball Rd.; Jerry Peck, 38 Kimball Rd.; Mary Lukas, 406 Kimball Rd.;, 330 Kimball Rd.; and John Shaw, Bella Vista. Margaret MacDonald and Atty. Wm. Meardon, appeared requesting deferral of item //30, awarding contract on the North Iowa River Sanitary Sewer Improvement Project. Bob Kemp, Sr. Center *Commissioner, updated Council on Senior Center activities. The following individuals appeared regarding the extension of First Avenue: Candida Maurer, 627 Bradley and Derek Maurer, 328 S. Governor. Anna Buss, 1213 First Avenue, appeared regarding First Avenue improvements (Bradford to Muscatine). City Engr. Fosse present for discussion. Grace Trifaro, 902 N. Dodge, appeared regarding item //15, Pet Animal Ordinance, and the possibility of prohibiting rodeos and circuses. Moved by Thornberry, seconded by Lehman, to set a public hearing for July 29, 1997, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 2, entitled "Neighborhood Commercial Zone (CN-1)," to permit any retail or personal service use in the CN-1 zone with a size limitation to help ensure neighborhood compatibility. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Norton, to set a public hearing for July 29, 1997, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," to increase the parking requirements for residential uses in the CB-5, Central Business Support Zone. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Norton, to set a public hearing for July 29 on an ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to revise the formula for payment in the CB-5 Zone. 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 "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. The following individuals appeared: Ellen Widiss, 316 *Kimball Rd.; John Gross, 820 Kirkwood Avenue; and John Shaw, Bella Vista Place. Sr. Planner Miklo present for discussion. Council Activities July 15, 1997 page 3 Kearns regarding Shaw shooting. JCCOG Traffic Engineering Planner regarding Stop Sign Installation at Rushmore Drive and Mormon Trek Boulevard. Civil Service Comm. submitting certified lists of applioants for the following position(s): Maintenance Worker I ~ Rec; Central Services Information Clerk. Jaycees regarding Z~th of July events. Pepperwood Neighborhood Assn. regarding Sandusky Sewer Project. Longtellow Neighbors regarding drug lealing in their neighborhood. Affirmative roll call v Ie unanimous, 7/0, all Council Members The Mayor declared the motion ca and repeated the public hearing as s~ Richard Twohy, ~03 N. Dodge, appeared requestin! passage of a resolution flying the flag ~t half staff for the week of Aug 30 in memorial to Eric Shaw. The following Ellen Widiss, 316 Kimball Rd.;, 330 Kimball Rd.; and Wm. Meardon, appeared req North Iowa River Sanitary Commissioner, updated Coun regarding the extension of First Maurer, 328 S. Governor. Anna Avenue improvements (Bradford discussion. Grace Trifaro, 902 N. Ordinance, and the possibility of Moved by Thornberry, s~ 29, 1997, on an ordinance ar appeared regarding tue Street Sidewalk: Jerry Peck, 38 Kimbal Mary Lukas, 406 Kimball ohn Shaw, Bella Margaret MacDonald and Atty. ;sting deferral of #30, awarding contract on the wer Im t Project. Bob Kemp, Sr. Center activil The following individuals appeared venue: Maurer, 627 Bradley and Derek 3 First Avenue, appeared regarding First ). City Engr. Fosse present for ge, appeared regarding item #15, Pet Animal ing rodeos and circuses. ~y Lehman, to set a public hearing for July 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial an Business Commercial Zone (CN-1), :o permit any r zone with a size lirr n to help ensure declared the motion ried unanimously, Mayor declared the carried. Moved by V derhoef, seconded by to set a public hearing for July 29, 1997, on an dinance amending Title 14, ;hapter 6, entitled "Zoning," Article N, entitled "Off Parking and Loading," increase the parking requirements for residential in the CB-5, Central Business ~upport Zone. The Mayor declared the motion c. tied unanimously, 7/0, all Council ;mbers present. ~es," Section 2, entitled "Neighborhood or personal service use in the CN-1 eighborhood compatibility. The Mayor O, all Council Members present. The a public hearing for July 29 Code" of the City Code Impact Fee" to revise declared the motion carried iding Title 14, Chapter 6, "Sign Regulations," to permit projecting signs as a provisional sign in the -5 and CB~10 zones. The following individuals appeared: Ellen Widiss, 316 Kimball Rd.; John Gross, 902 N. Dodge; and John Shaw, Bella Vista Place. Sr. Planner Miklo present for discussion. Mow by Lehman, seconded by Norton, to on an ord amending Title 14, "Unified Devel~ by ng Chapter 9, Article A, entitled "Parking, the for ula for payment in the CB-5 Zone. The Mayo unanil ously, 7/0, all Council Members present. A public hearing was held on an ordinance Council Activities July 15, 1997 page 4 Moved by Lehman, seconded by Norton, that the ordinance amending Title lZ~, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zone, be given first vote for consideration. Individual Council Members expressed their views. After discussion, moved by Lehman, seconded by Norton, to amend the ordinance by restricting the thickness of the sign to no more than 4 inches. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. The Mayor declared the motion carried, 6/1, on first consideration of the amended ordinance, with the following division of roll call vote: Ayes: Norton, Novick, Thornberry, Vanderhoef, Baker, Lehman. Nays: Kubby. Absent: None. Moved by Lehman, seconded by Vanderhoef, 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 second 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 Norton, 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 second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Vanderhoef, to adopt ORD. 97-3791, Bk. 40, p. 29, VACATING THE PORTION OF ST. MATTHIAS' STREET (FORMERLY KNOWN AS ST. MATTHIAS' ALLEY), RIGHT-OF-WAY LOCATED NORTH OF DODGE STREET, AND ST. JOHN'S ALLEY, LOCATED BETWEEN ST. CLEMENT'S STREET AND ST. MATTHIAS' STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Lehman, to defer to July 29 the following items: Item No. 5 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. 6 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; and Item No. 7b. a resolution approving and authorizing execution of an agreement for private redevelopment by and between the City of Iowa City and Alvin and Mary Joan Streb. The Mayor declared the motion to defer carried unanimously, 7/0, all Council Members present. Council Activities July 15, 1997 page 5 A public hearing was held on a resolution approving the execution of an agreement for private redevelopment by and between the City of Iowa City and Alvin and Mary Joan Streb. No one appeared. Moved by Kubby, seconded by Lehman, to continue the public hearing to July 29, 1997. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of the Iowa City Civic Center Front Entrance Renovation Project. No one appeared. Moved by Norton, seconded by Lehman, to adopt RES. 97-232, Bk. 118, p. 232, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY CIVIC CENTER FRONT ENTRANCE RENOVATION 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. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Thornberry, that the 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, 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 Norton, that the ordinance amending Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," Article I, entitled "Grading Ordinance," Section 12, entitled "Erosion Control," be given first vote for consideration. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council took a brief recess. Moved by Kubby, seconded by Vanderhoef, that the ordinance setting scheduled fines for violations prosecuted as municipal infractions under Title 8, entitled "Police," Chapter 3, entitled "General Animal Regulations" and Chapter 4, entitled "Animal Control" of the City Code, be given first vote for consideration. Animal Shelter Supv. Goodman-Herbst present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Lehman, 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 cleanup escrow prior to the issuance of each building permit, be given second vote for consideration. Council Activities July 15, 1997 page 6 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Lehman, seconded by Thornberry, that the ordinance regarding control of graffiti and requiring removal of graffiti vandalism from private property, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Lehman, to adopt ORD. 97-3792, Bk. 40, p. 30, CREATING A POLICE CITIZENS' REVIEW BOARD TO ASSIST THE CITY IN PROCESSING CITIZEN COMPLAINTS CONCERNING THE POLICE DEPARTMENT AND ASSURING THE POLICE DEPARTMENT IS RESPONSIVE TO COMMUNITY NEEDS. Moved by Kubby, seconded by Lehman, to amend paragraph 8(A)(1) of the ordinance to allow the City Council to waive the "peace officer" requirement in the event the Council does not receive qualified applicants. The Mayor declared the motion on the amendment carried unanimously, 7/0, all Council Members The Mayor declared the ordinance adopted as amended, 6/1, with the following division of roll call vote: Ayes: Baker, Kubby, Lehman, Norton, Novick, Thornberry. Nays: Vanderhoef. Absent: None. Moved by Kubby, seconded by Norton, to adopt ORD. 97-3793, Bk. z~0, p. 31, 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. Animal Shelter Supv. Goodman-Herbst present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 97-233, Bk. 118, p. 233, SETTING FORTH A NEW SCHEDULE OF FEES, RULES, REGULATIONS AND GUIDELINES FOR THE PROVISION OF ANIMAL CONTROL SERVICES, ANIMAL LICENSING, ANIMAL PERMITS AND ANIMAL ADOPTION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Vanderhoef, to adopt RES. 97-234, Bk. 118, p. 234, ESTABLISHING THE NAME OF THE EAST-WEST ARTERIAL STREET IN NORTHEAST IOWA CITY as Captain Irish Parkway. John Shaw, Historic Preservation Commission Chairperson, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Baker, to adopt RES. 97-235, Bk. 118, p. 235, CHANGING THE NAME OF NORTH DODGE COURT LOCATED IN RICORD'S SUBDIVISION AND IN THE RESUBDIVISION OF A PORTION OF LOTS 5 AND 6, JACOB RICORD'S SUBDIVISION TO DODGE STREET COURT. 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 July 15, 1997 page 7 *Revised 7/29/97 Moved by Norton, seconded by Lehman, to adopt RES. 97-236, Bk. 118, p. 236, SUPPORTING THE STUDY AND POSSIBLE IMPLEMENTATION OF PASSENGER RAIL SERVICE THROUGH CHICAGO, WYANET, QUAD CITIES, IOWA CITY, DES MOINES, AND OMAHA. 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. 97-237, Bk. 118, p. 237, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97 PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Vanderhoef, to defer to August 26, a resolution approving the design of the Iowa City Transit Interchange. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Baker, to adopt RES. 97-238, Bk. 118, p. 238, AUTHORIZING THE! MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF THE CAMPUS FIBER OPTIC NETWORK. Civil Engr. McClure present for discussion. 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 a resolution temporarily closing portions of Iowa Avenue, Dubuque Street, and Jefferson Street right-of-way and Authorizing the execution of an agreement for temporary use of public right-of-way between the City of Iowa City and the University of Iowa. Civil Engr. present for discussion. Individual Council Members expressed their views. After discussion, moved by Vanderhoef, seconded by Norton, to defer the resolution to July 29, 1997. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Kubby, seconded by Norton, to adopt RES. 97-239, Bk. 118, p. 239, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GREGORY AND MAUREEN CILEK FOR TEMPORARY USE OF RIGHT-OF-WAY FOR A PORTION OF NORTH GILBERT STREET IN IOWA CITY, IOWA, as amended. Moved by Kubby, seconded by Lehman, to approve conditioned staff approval upon consultation with the Chair of the Historic Preservation Commission. Historic Preservation Chairperson John Shaw present for discussion. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Nbrton, seconded by Kubby, to adopt RES. 97-240, Bk. 118, p. 240, AUTHORIZING THF MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER, SANITARY SEWER, AND DRAINAGE EASEMENT AGREEMENT FOR AUDITOR'S PARCEL 96089, ABUTTING LOT 10 IN WILD PRAIRIE ESTATES, Council Activities July 15, 1997 page 7 Moved by Norton, seconded by Lehman, to adopt RES. 97-236, Bk. 118, p. 236, SUPPORTING THE STUDY AND POSSIBLE IMPLEMENTATION OF PASSENGER RAIL SERVICE THROUGH CHICAGO, WYANET, QUAD CITIES, IOWA CITY, DES MOINES, AND OMAHA. 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. 97-237, Bk. 118, p. 237, AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST AN EXTENSIO~ AGREEMENT FOR FY97 SERVICE BETWEEN THE CITY OF I~ CITY AND JOHNSON COUNTY. A roll call vote unanimous, 7/0, all Members present. The for declared the resolution adopted. Moved by Lehman, s~ ~onded by Vanderhoef, to to August 26, a resolution approving the desig declared the motion carried Moved by Norton, 238, AUTHORIZING THE MAY( AGREEMENT BETWEEN THE IOWA TO USE PUBLIC RIGHTI AND MAINTENANCE OF THE McClure present for discussion. A Council Members present. The Ma' Moved by Vanderhoef, se~ temporarily closing portions of Io' of the Iowa City Trar Interchange. The Mayor 7/0, all Cou Members present. d by Baker, to ~t RES. 97-238, Bk. 118, p. SIGN CITY CLERK TO ATTEST AN OF CITY AND THE UNIVERSITY OF -WAY :~ THE INSTALLATION, OPERATION, FIBER OPTIC NETWORK. Civil Engr. ~tive roll call vote unanimous, 7/0, all ,~clared the resolution adopted. led by Thornberry, to adopt a resolution Dubuque Street, and Jefferson Street right-of-way and Authorizing t public right-of-way between Engr. present for discussio~ After discussion, resolution to July 29, Council Members pres Moved by 239, APPROVING THE CITY OF TEMPORARY STREET IN I( lan to the sion. City of Individual 997. The May¢ execu :ion of an agreement for temporary use of City and the University of Iowa. Civil Members expressed their views. seconded by Norton, to defer the declared the motion carried, 7/0, all seconded by AUTHORIZING EXE( )WA CITY AND G OF RIGHT-OF-WAY FOR CITY, IOWA, as amended. conditioned staff approval upc Historic Preservation Chair discussion. The Mayor declared the motion to to adopt RES. 97-239, Bk. 118, p. OF AN AGREEMENT BETWEEN 1Y AND MAUREEN CILEK FOR PORTION OF NORTH GILBERT by Kubby, seconded by consultation with the Chair of ~ John Shaw present for '.arried unanimously, 7/0, all Council Members present. Affirmative roll call vote animous, 7/0, all Council Members present. The Mayor declared the resolution ado ~d Moved by Norton, seconded by Kubby, to adopt 97-240, Bk. 118, p. 240, AUTHORIZING THE MAYOR TO SIGN AND THE CITY TO ATTEST A STORM SEWER, SANITARY SEWER, AND DRAINAGE EASEMENT AGREEMENT FOR AUDITOR'S PARCEL 96089, ABUTTING LOT 10 IN WILD PRAIRIE ESTATES, Council Activities July 15, 1997 page 8 PART TWO, IOWA CITY, IOWA. 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. 97-241, Bk. 118, p. 241, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE CONSTRUCTION IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK. Casey Cook, FRIENDS, appeared. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Norton, Novick, Vanderhoef, Baker, Kubby, Lehman. Nays: Thornberry. Absent: None.. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 97-242, Bk. 118, p. 242, AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON STREET TO NAPOLEON PARK PROJECT. 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 Norton, seconded by Lehman, to adopt RES. 97-243, Bk. 118, p. 243, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WYDLE GREEN SANITARY SEWER PROJECT to Maxwell Construction for $477,785.00. Affirmative roll call vote unanimous, 6/0, Baker absent. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Lehman, to adopt RES. 97-244, Bk. 118, p. 244, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT to Barbarossa and Sons for 91,988,741.00. Public Works Dir. Schmadeke present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Vanderhoef, to adopt RES. 97-245, Bk. 118, p. 245, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT to McAninch Corporation for 9437,922.80. Public Works Dir. Schmadeke present for discussion. Motion by Baker to defer failed for lack of a second. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Baker. Absent: None. Moved by Kubby, seconded by Lehman, to adopt RES. 97-246, Bk. 118, p. 246, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT to Council Activities July 15, 1997 page 9 Yordi Excavating for $171,850.93. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion resolution adopted. Moved by Kubby, seconded by Norton, to adopt RES. 97-247, Bk. 118, p. 247, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT to Midwest Construction for $144,317.50. 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. 97-248, Bk. 118, p. 248, AUTHORIZING CONSTRUCTION OF ADDITIONAL AIRCRAFT HANGAR BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT. Airport Mgr. O'Neil present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Norton, Novick, Thornberry, Vanderhoef, Baker, Lehman. Nays: Kubby. Absent: None. Moved by Norton, seconded by Lehman, to adopt a resolution finding it necessity to institute emergency proceedings for replacement of the Library roof and awarding contract and authorizing the Mayor to sign and the City Clerk to attest contract for replacement of the Library roof. The Mayor declared the resolution defeated unanimously, 0/7, all Council Members present. Moved by Norton, seconded by Vanderhoef, to adopt RES. 97-249, Bk. 118, p. 249, ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1998 FOR THE CITY CLERIC AND CITY MANAGER. (City Manager - 9112,486.40; City Clerk - 952,284.54) Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor announced the current vacancies: Housing and Community Development Comm. - Three vacancies to fill three-year terms ending September 1, 2000; Police Citizens' Review Bd. - Five vacancies; one two-year term, two three- year terms, and two four-year terms all commencing September 1, 1997. These appointments will be made at the August 26 City Council meeting. Council Member Baker requested Council schedule discussion of the Downtown Strategy Action Plan for September. Council Member Thornberry noted a July 14 garage fire and reported the firefighter who dehydrated while fighting the fire was doing well. Council Member Lehman stated the Council and staff would continue to monitor the TCI (cable) matter in the best interests of the City; acknowledged the July 4th Jazz Fest was a great event in downtown Iowa City; and asked that the local option sales tax be placed back on Council's agenda. Council Member Kubby reminded citizens that the Iowa City Public Library was open on Sundays from 1:00-5:00; stated she would not be available for regular office hours on July 31; announced the Americans with Disabilities Act celebration on July 26 starting with a march at the Public Library; and said the Women's Resource and Action Center would be sponsoring a social change training on July 24 entitled "Principles of Inclusive and Empowering Organizing". Council Activities July 15, 1997 page 10 Council Member Norton stated his interest in scheduling discussion of the local option sales tax after further discussion of the City's financial future; announced the "green machine" had been delivered and City staff was being trained on the use of the cleaning machine for the downtown area; requested charted report summaries of City project costs; stated he thought the Sycamore sidewalk looked good but he wanted to follow-up with people upset with the project, and asked staff to look at the seeding in the area. Mayor Novick reported on the Stepping Up Project visit to the Alcohol Control Board and said more information would be coming; announced a public hearing on the County Recorders Office scheduled for July 16; and wished Council Member Lehman a Happy Birthday. Moved by Kubby, seconded by Lehman, to adjourn 11:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Nabmi J.~.AIo~ick, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5043. The cost of publishing the following proceedings and claims is ~ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 7/2/97 Iowa City City Council, special meeting, 7:00 a.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the special meetings of June 16 and 18, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Senior Center Corem. - May 21. Bd. of Library Trustees - May 22. Airport Comm. - April 17 and May 8. P&Z Comm. - June 5. Broadband Telecommunications Comm. - May 12. a) The City Council not accept a franchise modification proposed by TCI, which was to reduce TCI's Ioca~ office hours on Saturday and add staffing assistance to cover Mondays. Design Review Comm. - June 16. (a) Reassess the location for the Transit Interchange Facility due to design impact and safety concerns of the facility. (b) Disapproval of the Design for the Transit Interchange Facility. (c) Projecting signs continue to be prohibited. (d) If projecting signs are permitted, the Committee Official Council Actions July 2, 1997 page 2 supports staff recommendation with the following modifications: the width (thickness) of projecting signs be no wider than four inches and projecting signs not be illuminated. Permit Motions and Resolutions: Outdoor Service Area for Soho's, 1208 Highland Ct. RES. 97- 217, SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY CIVIC CENTER FRONT ENTRANCE RENOVATION PROJECT, DIRECTING .CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Loretta Kantor regarding Hickory Hill Park. William Talman regarding Lexington Avenue. Vickie Abrahamson regarding airport. Robert Willis regarding economic development. Kathryn Wallace regarding the Senior Center. Alice Kintz regarding the Senior Center. William Fischer regarding noise. Austin Winniford regarding skateboarding. Terry Lee and Janiece Thein regarding temporary sidewalk. Lorna Dykstra regarding temporary sidewalk. JCCOG Traffic Engineering Planner regarding designation of one additional metered space on the south side of 300 College Street. Civil Service Comm. submitting certified list of applicants for the following position(s): Kennel Assistant and Community Service Officer. Applications for Use of City Streets or public Grounds, all approved: Glenn Ehrstine (Summit Apartment Coop Fiftieth Anniversary Celebration) - June 29. Casey Hayse (Evert Conner Rights and Resources Center Seventh Anniversary of Americans with Disabilities Act Celebration March - July 26. Official Council Actions July 2, 1997 page 3 Applications for Use of City Plaza, all approved: Jeff Pitzen (Ambulatory Vending of tapes) - 1997. Daryl Woodson (The Sanctuary's 25th Anniversary Concert) - July 5. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-218, APPROVING THE DESIGN PLANS FOR PHASE I THE RAISED-PLATFORM AND RAMP ADJACENT TO TACO BELL. Moved and seconded to adopt a resolution finding it necessary to institute emergency proceedings for replacement of the library roof and awarding contract and authorizing the Mayor to sign and the City Clerk to attest contract for replacement of the library roof. The following individuals appeared: Ken Baragary, Regional Mgr. for D.C. Taylor Co.; Jim Agne, T & K Roofing; and Atty. Edward Blando, representing roofing contractors. Moved and seconded to defer this resolution to July 15. The Mayor declared the motion to defer carried. Moved and seconded to accept the recommendation from the Planning and Zoning Comm. to appoint Lea Supple to the Airport Zoning Corem. as a representative of the Planning and Zoning Corem. for a term expiring May 1, 2000. The Mayor Pro tern declared the motion carried. Moved and seconded 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. The Mayor Pro tern declared the motion carried and adjourned to executive session, 8:08 a.m. Moved and seconded to adjourn 8:34 a,m. The Mayor Pro tern declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. ~t~,~,~ s/Naomi J. Novick, Mayor . ~ s/MarianK. Karr, CityClerl~ Submitte or pubication - / / 7 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. OFFICIAL COUNCIL ACTIONS - 6/17/97 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. The Mayor proclaimed Pride Month - June 1997. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of 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: Class E Beer Permit for Osco Drug Store #2393, 2425 Muscatine Ave. Class E Liquor License for Osco Drug Store #2393, 2425 Muscatine Ave. Class C Liquor License for Dublin Underground, 5 S. Dubuque St. Class C Liquor License for Dave's Foxhead Tavern, 402 E. Market St. Class C Liquor License for The Kitchen, 215 E. Washington St. Class C Liquor License for The Mill Restaurant, 120 E. Burlington St. Class C Liquor License for American Legion Roy L. Chopek Post #17, 3016 Muscatine Ave. Class C Liquor License for V.F.W., Weekes - Van Eck Post 3949, 609 Highway 6 East. Class E Beer Permit for Kum & Go #422, 513 S. Riverside Dr. Class C Liquor License for Gunnerz, 123 E. Washington St. Class E Liquor License for Hartig Drug Co. #10, 701 Mormon Trek B~vd. Class E Beer Permit for Hartig Drug Co. #10, 701 Mormon Trek Blvd. RES. 97-192, ISSUE DANCING PERMIT. RI~S. 97- Complete Council Activities June 17, 1997 page 2 193, ISSUE CIGARETTE PERMITS. 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: RES. 97-194, APPROVING THE BY-LAWS OF THE IOWA CITY RIVERFRONT AND NATURAL AREAS COMMISSION. RES. 97-195, 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 RUNDELL STREET, IOWA CITY, IOWA. RES. 97-196, 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, 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, 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, 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, TO SPECIFY THE USE OF ADDITIONAL Complete Council Activities June 17, 1997 page 3 TAX CREDIT REIMBURSEMENT. RES. 97-201, AUTHORIZING APPLICATION FOR 1997 COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP). RES. 97-202, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT DEVELOPMENT EMERGENCY PROGRAM AUTHORIZING IOWA STATE OF ECONOMIC FOR IOWA SHELTER GRANTS FUNDING, AND THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. RES. 97-203, 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. The Mayor declared the motion carried. Philip Zell, Senior Center Commission, responded to a Press Citizen article on the survey conducted by the Center on to access senior citizens services in the community. Moved and seconded 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 consideration. The Mayor declared the motion carried. Moved and seconded to continue to July 15, a public hearing on an ordinance to permit projecting signs as a provisional sign in Complete Council Activities June 17,1997 page 4 the CB-5 and CB-10 zones. The Mayor declared the motion carried. Moved and seconded to defer to July 15, 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. -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. Moved and seconded 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 and seconded to amend the ordinance to include a one year sunset clause. The Mayor declared the motion to amend carried. The Mayor declared the motion carried on the first consideration as amended. Moved and seconded 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. Moved and seconded to defer to July 15, 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, Complete Council Activities June 17, 1997 page 5 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. 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. 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. Atty. Robert Downer, representing Margaret MacDonald, appeared. Moved and seconded to continue the public hearing to a special formal meeting scheduled at 1:00 p.m. on June 18. The Mayor declared the motion carried. Moved and seconded to defer to June 18, 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. 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. Moved and seconded to adopt RES. 97-204, 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. 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 Complete Council Activities June 17, 1997 page 6 Improvements project. Mark Moyer, 1143 Briar Drive, appeared regarding the Sandusky improvements project. Moved and seconded to adopt RES. 97-205, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEM£NTS 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. 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. Moved and seconded to adopt RES. 97-206, 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. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Brookside Drive Bridge Reconstruction project. Moved and seconded to adopt RES. 97-207, 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).. Moved and seconded to adopt RES. 97-208, 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], Moved and seconded 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, Complete Council Activities June 17, 1997 page 7 entitled "Definitions"; and Title z~, entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licenses and Beer Permits," Section 2, entitled "Premises Requirements," be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded 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 cleanup escrow prior to the issuance of each building permit, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance regarding control of graffiti and requiring removal of graffiti vandalism from private property, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded 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, AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES, CHAPTER z~, "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 EACH ADDITIONAL HOUR, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. 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 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 second vote for consideration. Moved and seconded to accept correspondence from Kathryn Lindhorst. The Mayor declared the motion carried. Moved and seconded to amend the definition of rodeo to read as follows: A contest, exhibition or competition which charges members of the public an Complete Council Activities June 17, 1997 page 8 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 XVlII, Paragraphs C and D (City Code Sections 12C and 8-4-12D) 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. After discussion original motion withdrawn. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be given second consideration at this time. The Mayor declared the motion carried. 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 second vote for consideration. Moved and seconded 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 Complete Council Activities June 17, 1997 page 9 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 Complete Council Activities June 17, 1997 page 10 form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council 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 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 Complete Council Activities June 17, 1997 page 11 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 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 Complete Council Activities June 17, 1997 page 12 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 B(8) and re-numbering the remaining subparagraphs of Paragraph 7 accordingly. [*Note: Paragraph 7, subparagraph B(8) unnecessarily duplicates Paragraph 7, subparagraph I](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 Complete Council Activities June 17, 1997 page 13 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, 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 ~aw. 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 (z~)~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. The Mayor declared the motion on second Complete Council Activities June 17, 1997 page 14 consideration of the amended ordinance carried. Moved and seconded to defer to July 15, a resolution approving the design of the Iowa City Transit Interchange Facility. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-209, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT 'FOR THE CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION PROJECT. Moved and seconded to adopt RES. 97-210, ACCEPTING THE WORK FOR THE 1997 ASPHALT RESURFACING PROJECT AND APPROVING THE SUPPLEMENTAL CONTRACT FOR REMAINING WORK ON THE PROJECT. Moved and seconded to adopt RES. 97-211, 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. Moved and seconded to adopt RES. 97-212, 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. Moved and seconded to adopt RES. 97-213, 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. Moved and seconded to adopt RES. 97-214, INTENT TO CALL A SPECIAL ELECTION . Moved and seconded to adopt RES. 97-215, AMENDING THE BUDGETED POSITIONS IN THE PARKING SYSTEMS DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING FOUR PART-TIME CASHIER POSITIONS. Moved and seconded 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 Complete Council Activities June 17, 1997 page 15 Neighborhood to fill an unexpired term ending July 1, 1998. The Mayor declared the motion carried. Moved and seconded to defer to June 18, 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. Moved and seconded to adjourn 9:50 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/Naomi J. Novick, Mayor s/Marian K. Karr, City Clerk Subm~ ~ed for pubhca~ion 3/26/97 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 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: Atkins, 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 Corem. - 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/117, 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, pc 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 consideralbion 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. Atty. 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. 97-204, 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 cleanup 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 $5.00/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 XVlII, Paragraphs C and D (City Code Sections 8-4-12C and 8-4-12D) 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 Council 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 c~)mplaint, the Police Chief shall first give Garritv 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 Atty. 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 Kubby, 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, 1998, 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 I'owa 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. 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 at 356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 2, 1997 Iowa City City Council, special meeting, 7:00 a.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, Schoon, Schoenfelder, Craig, Mitchell, Franklin. Council minutes tape recorded on Tape 97-101, Side 2; and 97-102, Side 1. Moved by Kubby, seconded by Lehman, 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 meetings of June 16 and 18, 1997, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Senior Center Comm. - May 21. Bd. of Library Trustees - May 22. Airport Comm. - April 17 and May 8. P&Z Comm. - June 5. Broadband Telecommunications Comm. - May 12. a) The City Council not accept a franchise modification proposed by TCI, which was to reduce TCI's local office hours on Saturday and add staffing assistance to cover Mondays. Design Review Comm.- June 16. (a) Reassess the location for the Transit Interchange Facility due to design impact and safety concerns of the facility. (b) Disapproval of the Design for the Transit Interchange Facility. (c) Projecting signs continue to be prohibited. (d) If projecting signs are permitted, the Committee supports staff recommendation with the following modifications: the width (thickness) of projecting signs be no wider than four inches and projecting signs not be illuminated. Permit Motions and Resolutions: Approving an Outdoor Service Area for Soho's, 1208 Highland Ct. RES. 97-217, Bk. 118, p. 217, SETTING PUBLIC HEARING for July 15, 1997, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY CIVIC CENTER FRONT ENTRANCE RENOVATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Loretta Kantor regarding Hickory Hill Park. William Talman regarding Lexington Avenue. Vickie Abrahamson regarding airport. Robert Willis regarding economic development. Kathryn Wallace regarding the Senior Center. Alice Kintz regarding the Senior Center. William Fischer Council Activities July 2, 1997 page 2 regarding noise. Austin Winniford regarding skateboarding. Terry Lee and Janiece Thein regarding temporary sidewalk. Lorna Dykstra regarding temporary sidewalk. JCCOG Traffic Engineering Planner regarding designation of one additional metered space on the south side of 300 College Street. Civil Service Comm. submitting certified list of applicants for the following position(s): Kennel Assistant and Community Service Officer. Applications for Use of City Streets or public Grounds, all approved: Glenn Ehrstine (Summit Apartment Coop Fiftieth Anniversary Celebration) June 29. Casey Hayse (Evert Conner Rights and Resources Center Seventh Anniversary of Americans with Disabilities Act Celebration March) - July 26. Applications for Use of City Plaza, all approved: Jeff Pitzen (Ambulatory Vending of tapes) - 1997. Daryl Woodson (The Sanctuary's 25th Anniversary Concert) - July 5. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 97-218, Bk. 118, p. 218, APPROVING THE DESIGN PLANS FOR PHASE I THE RAISED- PLATFORM AND RAMP ADJACENT TO TACO BELL. Economic Development Planner Schoon 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 Norton, to adopt a resolution finding it necessary to institute emergency proceedings for replacement of the library roof and awarding contract and authorizing the Mayor to sign and the City Clerk to attest contract for replacement of the library roof. The following individuals appeared: Ken Baragary, Regional Mgr. for D.C. Taylor Co.; Jim Agne, T & K Roofing; and Atty. Edward Blando, representing roofing contractors. Library Director Craig, Asst. City Atty. Mitchell, and City Architect Schoenfelder present for discussion. City Mgr. Arkins and Acting City Atty. Dilkes provided information. Individual Council Members expressed their views. Moved by Thornberry, seconded by Kubby, to defer this resolution to July 15. The Mayor declared the motion to defer carried, 5/2, with the following division of voice vote: Ayes: Kubby, Lehman, Norton, Thornberry, Vanderhoef. Nays: Baker, Novick. Absent: None. Novick left the meeting. Mayor Pro tem Lehman now presiding. Moved by Norton, seconded by Vanderhoef, to accept the recommendation from the Planning and Zoning Comm. to appoint Lea Supple to the Airport Zoning Corem. as a representative of the Planning and Zoning Corem. for a term expiring May 1, 2000. The Mayor Pro tern declared the motion carried unanimously, 6/0, Novick absent. Moved by Vanderhoef, seconded by Thornberry, 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. Affirmative Council Activities July 2, 1997 page 3 roll call vote unanimous, 6/0, Novick absent. The Mayor Pro tern declared the motion carried and adjourned to executive session, 8:08 a.m. Council returned to open session 8:33 a.m. Moved by Thornberry, seconded by Baker, to adjourn 8:34 a.m. The Mayor Pro tern declared the motion carried unanimously, 6/0, Novick absent. Naomi J. Novick, Mayor Marian K. Karr, City Clerk