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HomeMy WebLinkAbout1997-07-29 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 29, 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. Staffmember present: Atkins, Dilkes, Karr, Franklin, Davidson, Craig, Trueblood, Winstead, Grosvenor. Council minutes tape recorded on Tapes 97-111 & 97-112, Both Sides; 97-113, Side 1. The Mayor proclaimed Youth Homes Day - August 10, 1997. Yvonne Wernimont accepted. 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 July 14 and the regular meeting of July 15, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - July 3, July 17. Approve revisions to the Planning and Zoning Bylaws to add provisions regarding exparte contact and conflict of interest. Animal Control Advisory Bd. - June 26. Airport Comm. - June 12. $r. Center Comm. - June 18. Riverfront & Natural Areas Comm. - June 18. Permit Motions: Approving a Class C Liquor License for George's, 312 E. Market St. Approving a Class C Liquor License for Martini's, 127 E. College St. Approving an Outdoor Service Area for Martini's, 127 E. College St. Approving a Class E Beer Permit for L&M Mighty Shop, 510 E Burlington St. Approving a Class C Beer Permit for A&J Mini Mart, 2153 ACT Circle. Approving a Class E Beer Permit for New Pioneer Cooperative Society, 22 S. Van Buren. Approving a Class C Liquor License for Micky's, 11 S. Dubuque St. Approving a Class C Liquor License for Joe's Place, 115 Iowa Ave. Approving a Class C Liquor License for 6:20, 620 S. Madison St. Approving a Class C Liquor License for Plamor Bowling, 1555 First Ave. RES. 97-250, Bk. 118, p. 250, ISSUE DANCING PERMIT. Setting Public Hearings: RES. 97-251, Bk. 118, p. 251,' SETTING A PUBLIC HEARING for August 26 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SHAMROCK/ARBOR CULVERT ENTRANCE IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-252, Bk. 118, p. 252, SETTING A PUBLIC HEARING for August 26 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RENOVATION OF THE HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) SYSTEM AT THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER, DIRECTING CITY Council Activities July 29, 1997 page 2 CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. SETTING A PUBLIC HEARING for August 26 ON AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 6, ENTITLED "ZONING," ARTICLE S, ENTITLED "PERFORMANCE STANDARDS," SECTION 11, ENTITLED "SCREENING" BY ADDING CHILD CARE CENTERS TO THE LIST OF AREAS WHICH MUST BE SCREENED FROM COMMERCIAL AND INDUSTRIAL USES. Motions: APPROVE DISBURSEMENTS IN THE AMOUNT OF $11,112,996.37 FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 1997, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. APPROVE DISBURSEMENTS IN THE AMOUNT OF 819,586,409.15 FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 1997, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. Resolutions. RES. 97-253, Bk. 118, p. 253, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE SOCCER SITE ACCESS ROAD PROJECT. Correspondence: Steve Lacina (Chair, JCCOG Urbanized Area Policy Board) regarding waste tire collection program. Rachel Barnes (Johnson County HACAP) - bus passes. John Nesbitt regarding fireworks safety. Gregory Kovaciny (Bicyclists of Iowa City) regarding "Share the Road." Jean Blair regarding cable service. Ellen Widiss regarding Dubuque Street sidewalk. Deborah Grieves regarding Dubuque Street sidewalk. Barbara Smith regarding Dubuque Street sidewalk. Jill McKay regarding Dubuque Street sidewalk. JCCOG Traffic Engineering Planner regarding: Designation of Two On-Street Parking Spaces to Handicapped Only on Clinton Street at Church Street. Civil Service Comm. submitting certified lists of applicants for the following position(s): Civil Service Entrance Examination Intake Worker. Shaner Magalhaes (State Historical Society) regarding invitation. Citizens regarding sidewalk on Dubuque St. Sue Clark regarding trees on Rohret Rd. Jess & Elizabeth Irwin regarding 1st Ave. extended. Use of City Plaza: Anthony Price (handmade jewelry and T-shirts) 1997 Ambulatory Vending Permit. Mike Finnegan (KRUI Heat Stroke '97) - July 25. Use of City Streets and Public Grounds: Craig Carney (Racquet Master Bike and Ski Sidewalk Sales) - July 17-19. Jim Steffen (Regina Fall Fun Run) - August 31. Mayor Novick and Council Member Norton, members of the Council Rules Committee, agreed to forward a favorable recommendation concerning the Planning & Zoning by-laws and stated no Rules Committee meeting was needed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. The following individuals appeared regarding the extension of First Avenue Ave.: Lori Enloe, 1029 E. Bloomington St.; Chris Randall, 3328 Shamrock Dr.; Pat Council Activities July 29, 1997 page 3 Vogt, 26 Heather Dr.; Pat Lind, 24 Heather Dr.; Lyn Richman, 220 First Ave.; Jim Thorgmorton, 715 N. Linn St.; and Candida Maurer, 627 Bradley St. Transportation Planner Davidson present for discussion. A public hearing was held 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. Harry Wolfe, Vice-President of Southgate Development, appeared. A public hearing was held 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. No one appeared. A public hearing was held 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. No one appeared. PCD Director Franklin present for discussion. Council Member Thornberry requested an amendment to the ordinance to allow property owners some latitude in the parking spaces required. After discussion, moved by Thornberry, seconded by Lehman, to continue the public hearing to August 26. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Vanderhoef, that 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, be given second vote for consideration. Moved by Kubby, seconded by Baker, to amend the ordinance by adding "A business wishing to install a projecting sign must obtain Design Review Committee approval according to procedures and guidelines established by the Design Review Committee prior to obtaining a sign permit." The Mayor declared the motion to amend carried, 7/0, all Council Members present. The Mayor declared the motion carried, 6/1, on second consideration of the ordinance as amended with the following division of roll call vote: Ayes: Baker, Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Kubby. Absent: None. Moved by Norton, seconded by Lehman, to adopt ORD. 97-3794, Bk. 40, p. 32, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED "SIGN REGULATIONS," TO PERMIT PORTABLE SIGNS AS A PROVISIONAL SIGN IN THE CB-2, CENTRAL BUSINESS SERVICE ZONE, CB-5, CENTRAL BUSINESS SUPPORT ZONE, AND CB-10 CENTRAL BUSINESS DISTRICT ZONE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Lehman, seconded by Vanderhoef, to adopt ORD. 97-3795, Bk. 40, p. 33, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE P, ENTITLED "FENCES AND HEDGES," TO CHANGE THE VISION TRIANGLE REQUIREMENT AT INTERSECTIONS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Norton, to adopt RES. 97-254, Bk. 118, p. 254, APPROVING THE PRELIMINARY AND FINAL PLAT OF IRWIN Council Activities July 29, 1997 page 4 SUBDIVISION, A REPLAT OF A PORTION OF LOT 24 OF MT. SCHRADER SUBDIVISION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Thornberry, to forward a letter to the Johnson County Board of Supervisors recommending approval of a conditional use permit for a golf course on a 50 acre property located near the intersection of Taft Avenue and Herbert Hoover Highway. PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Baker, to forward a letter to the Johnson County Board of Supervisors recommending approval of a rezoning of 46.86 acres located on the west side of Prairie du Chien Road NE, approximately 1/4 mile north of its intersection with Newport Road, from Suburban Residential (RS3) to Suburban Residential (RS). PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 97-255, Bk. 118, p. 255, 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. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Novick, Thornberry, Vanderhoef, Baker, Lehman, Norton. Nays: Kubby. Absent: None. Moved by Norton, seconded by Lehman, to adopt ORD. 97-3796, Bk. 118, p. 34, 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 INDI~BTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Thornberry, Vanderhoef, Baker, Lehman, Norton, Novick. Nays: Kubby. Absent: None. A public hearing was held on execution of an agreement for private redevelopment by and between the City of Iowa City and Alvin and Mary Joan Streb. Atty. Robert Downer, representing the Streb's appeared. PCD Director Franklin present for discussion. Moved by Vanderhoef, seconded by Lehman, to adopt RES. 97-256, Bk. 118, p. 256, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY Council Activities July 29, 1997 page 5 AND ALVIN AND MARY JO STREB. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Baker, Lehman, Norton, Novick, Thornberry. Nays: Kubby. Absent: None. A public hearing was held on resolution approving plans, specifications, form of contract, and estimate of cost for the removal and replacement of the Robert A. Lee Community Recreation Center Gym Floor and replacement of Iowa City/Johnson County Senior Center Aerobics Floor. No one appeared. Moved by Lehman, seconded by Kubby, to adopt RES. 97-257, Bk. 118, p. 257, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROBERT A. LEE COMMUNITY RECREATION CENTER GYM FLOOR AND REPLACEMENT OF IOWA CITY/JOHNSON COUNTY SENIOR CENTER AEROBICS FLOOR, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS for August 12. P&R Director Trueblood present for discussion, The Mayor stated this project would be awarded at special City Council meeting held 8:00 a.m. on August 13. 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 the Napolean Park Softball Field fencing project. No one appeared. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-258, Bk. 118, p. 258, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NAPOLEON PARK SOFTBALL FIELD FENCING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS for August 19. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of the Iowa City Library Roof Replacement Project. No one appeared. Moved by Kubby, seconded by Norton, to adopt RES. 97-259, Bk. 118, p. 259, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY LIBRARY ROOF REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS for August 12. Library Director Craig present for discussion. The Mayor stated this project would be awarded at a special City Council meeting held at 8:00 a.m. on August 13. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities July 29, 1997 page 6 A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the removal and replacement of the roof and insulation on the Civic Center. No one appeared. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-260, Bk. 118, p. 260, PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROOF .AND INSULATION ON THE CIVIC CENTER ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS for August 19. Darrell Smith, Van Winkle-Jacob, present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of the Willow Creek Trail, Phase I Project, Mormon Trek to Galway Hills. Civil Engr. Winstead present for discussion. Moved by Vanderhoef, seconded by Baker, to adopt RES. 97-261, Bk. 118, p. 261, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS for August 19. 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 Kubby, seconded by Lehman, that the ordinance amending City Code Title I, entitled "Administration," Chapter 5, entitled "Mayor and City Council," to change the compensation and review process for City Council Members and the Mayor, be given first vote for consideration. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Baker, Kubby, Lehman, Norton, Novick, Vanderhoef. Nays: Thornberry. Absent: None. Moved by Thornberry, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 97-3797, Bk. 40, p. 35, 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 INCOF~ECT 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 voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Baker, Lehman, Norton, Council Activities July 29, 1997 page 7 Novick, Thornberry. Nays: Kubby. Moved by Thornberry, 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 Vanderhoef, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 97-3798, Bk. 40, p. 36, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE I, ENTITLED "GRADING ORDINANCE," SECTION 12, ENTITLED "EROSION CONTROL," be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, that the ordinance be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Baker, seconded by Lehman, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 97-3799, Bk. 40, p. 37, 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 voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Baker, Lehman, Norton, Novick, Thornberry, Vanderhoef. Nays: Kubby. Absent: None. Moved by Baker, seconded by Norton, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Thornberry, to adopt ORD. 97-3800, Bk. 40, p. 38, 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Kubby, to adopt ORD. 97-3801, Bk. 40, p. 39, REGARDING CONTROL OF GRAFFITI AND REQUIRING REMOVAL OF GRAFFITI VANDALISM FROM PRIVATE PROPERTY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Norton, to adopt RES. 97-262, Bk. 118, p. 262, AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE SHAMROCK/ARBOR CULVERT ENTRANCE IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities July 29, 1997 page 8 Moved by Kubby, seconded by Vanderhoef, to defer to August 26 a resolution temporarily closing portions of Iowa Avenue, Dubuque Street, and Jefferson Street rights-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. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Kubby, to adopt RES. 97-263, Bk. 118, p. 263, AMENDING THE BUDGETED POSITION IN THE POLICE DEPARTMENT BY ADDING ONE POLICE OFFICER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Baker, seconded by Kubby, to adopt RES. 97-264, Bk. 118, p. 264, AUTHORIZING APPLICATION FOR A DRUG ELIMINATION GRANT IN PARTNERSHIP WITH THE MAYOR'S YOUTH PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Norton, to adopt RES. 97-265, Bk. 118, p. 265, AUTHORIZING THE CITY OF IOWA CITY TO ENTER INTO AGREEMENTS WITH PROPERTY OWNERS FOR THE INSTALLATION AND MAINTENANCE OF LIGHTING IN ALLEYWAYS IN THE DOWNTOWN BUSINESS DISTRICT. 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. 97-266, Bk. 118, p. 266, 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 to August 31. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Housing & 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 Norton noted the Consent Calendar correspondence received from Sue Clark concerning the trees on Rohret Rd. and questioned the status. The City Mgr. reported a memo would be prepared by the City Atty.'s office. Norton requested that the plantings along Melrose Avenue be looked at also. Norton asked for an update on the repair of the railroad crossing on South Gilbert St. After discussion Council agreed to have the Mayor contact the railroad companies and write a letter. Norton offered to meet with railroad representatives. Council Member Kubby reminded citizens she would not be available for her office hours on July 31 only; and questioned staff review of a recent neighborhood newsletter article concerning probable cause to search a premise. Staff will follow up. Council Member Lehman asked that the matter of establishing a canine section of the Police Department be scheduled for Council discussion. Majority of Council Activities July 29, 1997 page 9 Council agreed to schedule the matter for late fall. Lehman inquired as to staging the construction of the trail from Burlington to Napoleon Park. The City Mgr. will follow-up with the engineers and report back to Council. Lehman raised concerns regarding the proposed University skywalk Dubuque Street. After discussion Council agreed to have the Mayor write a letter to Dick Gibson, Director of University Facilities and urged citizens to contact Mr. Gibson directly with their comments. The Mayor stated that all letters received by the Council concerning this matter will be forwarded to Mr. Gibson. Council Member Thornberry stated staff would continue to work on TCI issues. Council Member Vanderhoef asked Acting City Atty. Dilkes to review the conflict of interest policy concerning the Housing and Community Development Commission. Acting City Atty. Dilkes referenced a July 31 memo from the City Attorney's office concerning the matter and noted the memo and related information would be distributed with each application. Council Member Baker thanked people along Market Street for their patience during recent asphalting of the street. Baker referenced correspondence he received from Kathleen Janz concerning traffic in north Iowa City, asked staff to respond, and send copies to Council. Baker noted the E-Mail from Doug Jones concerning manure lagoon rules and the impact on our drinking water and stated he has asked staff to follow-up. Baker asked for a higher visibility of City maintenance crews in the City Plaza especially during special events such as the Friday Night Concert Series. Mayor Novick noted the birthdays of Council Member Kubby on August 8 and City Clerk Karr on August 5; announced that the Human Rights Commission would be presenting the movie "To Kill A Mockingbird" on August 9 at the Public Library; and reminded Council of a special City Council meeting scheduled for 8:00 a.m. on August 13. Acting City Arty. Dilkes noted a sentence had been dropped off a memo outlining the PCRB update and stated that a letter will be sent to Johnson and Linn County Bar Associations regarding legal counsel for the Board. Moved by Norton, seconded by Lehman, to adjourn 11:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Marib~ K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at (319)356-5043. The cost of publishing the following proceed- ings and claims is $ . Cumula- tive cost for this calendar year for said publica- tion is $ OFFICIAL COUNCIL ACTIONS - 7/14/97 Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Moved and seconded to adjourn to ex- ecutive session to discuss strategy with coun- sel in matters that are presently in litigation or where litigation is imminent where its disclo- sure would be likely to prejudice or disadvan- tage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to in- crease the price the governmental body would have to pay for that property. The minutes and tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction dis- cussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 7:20 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. ,ovick, Mayor s/Marian K. Karr, City Clerk Submitted for publication - 7/16/97 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5043. The cost of publishing the following proceedings and claims is ~ Cumulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 7/15/97 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. 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 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: Class C Liquor License for Roxie's, 2300 Muscatine Ave. Class C Liquor License for Tuck's Place, 210 N. Linn St. Class C Liquor License for Fraternal Order of Eagles Iowa City Aerie //965, 225 Hwy. 1 S. Class C Liquor License for Memories, 928 Maiden Lane. Class B Liquor License for Holiday Inn Iowa City, 210 S. Dubuque St. Outdoor Service Area for Holiday Inn Iowa City, 210 S. Dubuque St. Class C Liquor License for Vito's, 118 E. College St. Class E Liquor License for Drug Town, 1221 N. Dodge St. Class E Beer Permit for Drug Town, 1221 N. Dodge St. Refund of an unused portion of a Special Class C Liquor License for Official Council Actions July 15, 1997 page 2 Pizza Hut #402041, 127 Iowa Ave. RES. 97-219, TO ISSUE CIGARETTE PERMITS. RES. 97-220, TO ISSUE DANCING PERMIT. Setting Public Hearings: RES. 97-221, SETTING A PUBLIC HEARING 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, SETTING A PUBLIC HEARING 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, SETTING A PUBLIC HEARING 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, SETTING A PUBLIC HEARING 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, SETTING A PUBLIC Official Council Actions July 15, 1997 page 3 HEARING 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: RES. 97-226, 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, 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, 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, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LIEN FOR PROPERTY LOCATED AT 9z~2 IOWA AVENUE, IOWA CITY, IOWA. RES. 97-230, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, AND WATER MAIN PUBLIC IMPROVEMENTS FOR MORMON TREK VILLAGE, PHASE I. RES. 97- 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. Kearns regarding Shaw shooting. Official Council Actions July 15, 1997 page 4 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. The Mayor declared the motion carried. 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.; Christiane Knorr, 330 Kimball Rd.; and John Shaw, Bella Vista. Margaret MacDonald and Atty. Wm. Meardon, appeared requesting deferral of Item No. 30 resolution awarding contract on the North Iowa River Sanitary Sewer Improvement Project. Bob Kemp, Sr. Center Commissioner, updated Council 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). Grace -rrifaro, 902 N. Dodge, appeared regarding Item No. 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, 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. Moved and seconded by Norton, to set a public hearing for July 29, 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 Official Council Actions July 15, 1997 page 5 the CB~5, Central Business Support Zone. The Mayor declared the motion carried. Moved and seconded to set a public hearing for Ju~y 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. 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, 902 N. Dodge; and John Shaw, Bella Vista Place. Moved and seconded that 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 zone, be given first vote for consideration. Moved and seconded 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. The Mayor declared the motion carried on first consideration of the amended ordinance. Mo.ved 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 second vote for consideration. The Mayor declared the motion carried. 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 second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 97-3791, 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. Moved and seconded to defer to July 29 the following items: Item No. 5 a resolution determining an area of the City to Official Council Actions July 15, 1997 page 6 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. Moved and seconded to continue to July 29, a public hearing 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. The Mayor declared the motion carded. 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. Moved and seconded to adopt RES. 97-232, 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. Moved and seconded that the ordinance amending Title 14, "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions" of Official Council Actions July 15, 1997 page 7 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. 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 second 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 second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 97-3792, 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 and seconded 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 Official Council Actions July 15, 1997 page 8 declared the motion on the amendment carried. Moved and seconded to adopt ORD. 97-3793, 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. Moved and seconded to adopt RES. 97-233, 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. Moved and seconded to adopt RES. 97-23z~, ESTABLISHING THE NAME OF THE EAST-WEST ARTERIAL STREET IN NORTHEAST IOWA CITY. John Shaw, Historic Preservation Comm. Chairperson, appeared. Moved and seconded to adopt RES. 97-235, 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. Moved and seconded to adopt RES. 97-236, SUPPORTING THE STUDY AND POSSIBLE IMPLEMENTATION OF PASSENGER RAIL SERVICE THROUGH CHICAGO, WYANET, QUAD CITIES, IOWA CITY, DES MOINES, AND OMAHA. Moved and seconded to adopt RES. 97-237, 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. Moved and seconded to defer to August 26, a resolution approving the design of the Iowa City Transit Interchange. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-238, 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 Official Council Actions July 15, 1997 page 9 INSTALLATION, OPERATION, AND MAINTENANCE OF THE CAMPUS FIBER OPTIC NETWORK. Moved and seconded to defer to July 29, 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 97-239, 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 and seconded to approve the resolution conditioned on staff approval upon consultation with the Chair of the Historic Preservation Comm. Historic Preservation Chairperson John Shaw present for discussion. The Mayor declared the motion to amend carried. Moved and Norton, seconded to adopt RES. 97-240, AUTHORIZING THE 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, PART TWO, IOWA CITY, IOWA. Moved and seconded to adopt RES. 97-241, 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 Cool(, FRIENDS, appeared. Moved and seconded to adopt RES. 97-242, AUTHORIZING THE ACQUISI'rlON OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON STREET TO NAPOLEON PARK PROJECT. Moved and seconded to adopt RES. 97-243, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WYDLE GREEN SANITARY SEWER PROJECT. Official Council Actions July 15, 1997 page 10 Moved and seconded to adopt RES. 97-2z~4, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT Moved and seconded to adopt RES. 97-2z~5, 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. Moved and seconded to adopt RES. 97-246, 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. Moved and seconded to adopt RES. 97-247, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT. Moved and seconded to adopt RES. 97-248, AUTHORIZING CONSTRUCTION OF ADDITIONAL AIRCRAFT HANGAR BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT. Moved and seconded 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. Moved and seconded to adopt RES. 97-249, ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1998 FOR THE CITY CLERK AND CITY MANAGER. 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. Moved and seconded to adjourn 11:00 p.m. The Mayor declared the motion carried. Official Council Aotions July 15, 1997 page 11 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 Submitted for publication 7/24/97 revised 7/28/97 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at (319)356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 14, 1997 Iowa City City Council, special meeting, 6:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Dilkes, Karr. Council minutes tape recorded on Tapes 97-102, Side 2. Moved by Lehman, seconded by Thornberry, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where liti- gation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably ex- pected to increase the price the governmental body would have to pay for that prop- erty. The minutes and tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:05 p.m. Council returned to open session 7:1 5 p.m. Moved by Kubby, seconded by Lehman, to adjourn the special meeting 7:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr, City Clerk ~ct to change as finalized by the City Clerk. For a final official copy, :ontact the City erk's office at (319)356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITII: JULY 15, 1997 ity City Council, special meeting, 6:00 p.m. Novick presic g. Council Members present: Baker, Kubb Thornberry, V~ Absent: None. Staffmembers minutes tape rec rded on Tapes 97-102, Side 2. Moved by discuss strategy gation is imminent the position of the of particular real Civic Center. Mayor Norton, Novick, ,sent: Dilkes, Karr. Council hman, seconded by Thornberry, adjourn to executive session to counsel in matters that resently in litigation or where liti- ~ere its disclosure would likely to prejudice or disadvantage body in tigation; and to discuss the purchase only where prem ire disclosure could be reasonably ex- pected to increase the erty. The minutes and ta estate) shall be available completed. Affirmative roll The Mayor declared the p.m. Council returned to o Moved by Kubby, see p.m. The Mayor declared t present. e the governm, body would have to pay for that prop- recording a session closed under this paragraph (real public ~mination when the transaction discussed is unanimous, 7/0, all .Council Members present. · ried and adjourned into executive session 6:05 .by'Lehman, to adj0urn'~.the special meeting 7:20 carried-unanimously, 7/0, all Council Members Naomi J. Novick, Mayor Marian K. Karr, Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. .... COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES 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 de~'ig~n 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 I~iquor 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. I 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 Lioense for Vito's , 118 E. College St. Approving a Class E Liquor License for Drug Town, 1221 N. Dodge St. Approving a Class E Boor 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. 219, 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. 11-8;'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'OITY CLERK "EO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-225, Bk. 118, po 22'5, SETTING A PUBLIC HEARING fbr July 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THET, 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 INSPECTIONS- :" ' 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, 1 997 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 I<imball 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 Derel( 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, 1 997, 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 applicants for the following position(s): Maintenance Worker I Rec; Central Services Information-Clerk. Jaycees regarding 4th of July even~ts. Pepperwood Neighborhood Assn. regarding Sandusky Sewer Project. Lon Neighbors regarding drug dealin in their neighborhood. Affirmative roll call vote u~ ~animous, 7/0, all Council The Mayor declared the motion carried ld repeated the public hearing Richard Twohy, 903 Dodge, appeared requesti 'Council passage of a resolution flying the flag at staff for the week of Au st 30 in memorial to Eric Shaw. The following appeared regarding Dubuque Street Sidewalk: Ellen Widiss, 316 Kimball Rd.; Peck, 38 Kimba ~,d.; Mary Lukas, 406 Kimball Rd.;, 330 Kimball Rd.; and John Bella Margaret MacDonald and Atty. Wm. Meardon, appeared requestin! deferral of m #30, awarding contract on the North Iowa River Sanitary Sewer Commissioner, updated Council ac regarding the extension of First Aven~ Maurer, 328 So Governor. Anna Buss, Avenue impr. ove"ments (Bradford to discussion. Grace'Trifarb,-9(~2 N: Ordinance, and the possibility Of Moved by Thornberry, sec. 29, 1997, on an ordinance ame ~t Project. Bob Kemp, Sr. Center following individuals appeared tndida Maurer, 627 Bradley and Derek 13 First Avenue;' appeared regarding First ..:.City. Engro Fosse present for regarding item #15, Pet Animal and circuses. ded by ."to set a public hearing for July Title ~, Chapter 6, entitled "Zoning," Article El entitled "Commercial and ~siness Zone Section 2, entitled ~'~'Neighborhood Commercial Zone (CN-1)," t~ any or personal service use in the CN-1 zone with a size limitation. o help ensure ne~!hborhood compatibility. The Mayor declared the motion Carri~ unanimously, 7/0,~,all Council Members present. The Mayor declared the motion carried. ~ Moved by Vand~hoef,-s~cOnded by Norton, to set a public hearing for July 29, 1997, on an ordir)/ance amending Title 14; Chapter 6, entitled "Zoning," Article N, entitled "Off-Str~/~t Parking and Loading," to increase the parking requirements for residential uses)h the CB-5, Central Business Sul~ort Zone. The Mayor declared the motion carried//unanimously, 7/0, all Council Members present. Moved by/Lehman, seconded by Norton, to serra public hearing for July 29 on an ordinar ce//amending Title 14, "Unified Developrr~nt Code" of the City Code by amending (~hapter 9, Article A, entitled "Parking Fa~lity Impact Fee" to revise the formul,?, f Jr payment in the CB-5 Zone. The Mayor d~clared the motion carried unanimousl 7/0, all Council Members present. ~ A hearing was held on an ordinance amendin'g, Title 14, Chapter 6, entitled "Sign Regulations," to permit projecting signs as a I~rovisional sign in the CB-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. Council Activities July 15, 1997 page 4 Moved by Lehman, seconded by Norton, that 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 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-'t-he'motion carried- -. -' Moved by Thornberry, seconded by Vanderhoef, to adopt ORD. 97-3791, Bk. 40, p. 29, VACATING THE PORTION OF ST; MA~'FTHIAS' 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-C-ITY. 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 ~ul(~s 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 Venderhoer, 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'ORDo 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. 40, p. 31, AME~IDING 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 Norton, seconded by Kubby, to adopt RES. 97-240, Bk. 118, p. 240, AUTHORIZING THE 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 b' seconded by Thornberry, to ado RES. 97-237, Bk. 118, p. 237, A THORIZlNG THE MAYOR TO SIGN AND T CITY CLERK TO ATTEST AN EX ENSION AGREEMENT FOR FY97 SERVICE BETWEEN THE OF IOWA CITY AND JOHNSON COUt Affirmative roll call vote unanimous, all Council Members present. e Mayor declared the resolution adopted. Moved by seconded by resolution approving the ~sign of the Iowa City declared the motion nanimously, 7/0, all Moved by Norton, se~ nded by Baker, t( 238, AUTHORIZING THE )R TO SIGN AGREEMENT BETWEEN THE TY OF IOWA TO USE PUBLIC RIGHTS- F-WAY AND MAINTENANCE OF THE McClure present for discussion. Council Members present. The Mayor Moved by Vanderhoeff secor temporarily closing portions of Iowa right-of-way and Authorizing the public right-of-way between the of Engr. present for discussion. Ir ividual After discussion, moved by resolution to July 29, 1 Council Members present. Moved by Kubby, 239, APPROVING AND THE CITY OF IOWA TEMPORARY USE OF STREET IN IOWA CI' defer to August 26, a Interchange. The Mayor Jncil Members present. ~dopt RES. 97-238, Bk. 118, p. THE CITY CEERK TO ATTEST AN CITY AND THE UNIVERSITY OF ~R THE INSTALLATION, OPERATION, FIBER OPTIC NETWORK. Civil Engr. roll call vote unanimous, 7/0, all ;lared the resolution adopted. by Thornberry, to adopt a resolution ~e, Dubuque Street, and Jefferson Street of an agreement for temporary use of City and the University of Iowa. Civil ..il Members expressed their views. s, ;onded by Norton, to defer the The Mayor dec red the motion carried, 7/0, all ~nded by Norton, to opt RES. 97-239, Bk. 118, p. EXECUTION F AN AGREEMENT BETWEEN AND GREGORY /~ ID MAUREEN CILEK FOR FOR A ION OF NORTH GILBERT IOWA, as amended. by Kubby, seconded by Lehman, to approve c nditioned staff approval upon Jltation with the Chair of the Commission. ~toric Preservation Chairperson ~n Shaw present for discussion. The Ma, ir declared the motion to amend carri~ unanimously, 7/0, all Council Members ,sent. Affirmative roll call vote unanir tus, 7/0, all Council Members present. Mayor declared the resolution adopted. . Moved by orton, seconded by Kubby, to adopt RES. 9~.240, Bk. 118, 240, MAYOR TO SIGN AND THE CITY CLER'i~ TO ATTEST ~ 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, Noviok, 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 9477,785.00. Affirmative roll call vote unan~imous, 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 9171,850.93. 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 9144,317.50. 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 CLERK AND CITY MANA'GER. (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. Naomi J. Novick, Mayor Marian K. Karr, City Clerk