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1997-10-21 Council minutes
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 OCTOBER 21, 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, Handsaker, Goodman-Herbst, Yucuis, Mitchell. Council minutes tape recorded on Tapes 97-144 & 97-1z~5, Both Sides; 97-146, Side 1. The Mayor proclaimed Toastmasters Day - October 21; Change Your Clock, Change Your Battery Day - October 26; Crime Prevention Week - October 25-31, Jim Swaim, Keri Neblett, and Jamie Dean accepted; Home Health Care Month - November, Kerri Peterson, Patty McNichol, Maggie Elliott, and Annette Greiner accepted. Mayor Novick welcomed Stephen Bloom and Kate Corcoran journalism classes from the University of Iowa. The Mayor presented the Outstanding Student citizens awards to Horace Mann Elementary: Maren Allen, Benjamin Berman, Hanna Meyer. Student Council Representative Morgan Nicholson presented information on the award winners. Moved by Lehman, seconded by Thornberry, that the following items and recommendations in the Consent Calendar be receive, or approved, and/or adopted as amended: Approval of Official Council Actions of the special meeting of October 6, and the regular meeting of October 7, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. September 9; P&R Comm. - September 11; P&Z Comm. - October 2; Police Citizen Review Board - October 2 Council approve z~5-day extension of time to respond to Complaint No. 97-01. Police Citizen Review Board - October 8 Permit Motions: Class E Beer Permit for Devotay, 117 N. Linn St. Class B Beer Permit for Duds'N Suds, 5 Sturgis Drive. Class C Beer Permit for Kirkwood 76 Mart, 300 Kirkwood Ave. Class C Liquor License for Diamond Dave's Taco Company, 1604 Sycamore St. Class C Liquor License for The Que Bar, 211 Iowa Ave. Class C Liquor License for Maxie's, 1920 Keokuk St. RES. 97-357, Bk. 118, p. 357, ISSUE DANCING PERMIT. Class C Liquor License for Athena Restaurant, 320 E. Burlington St. Class C Liquor License for Jimmy's Brick Oven Care, 749 Mormon Trek Blvd. Setting Public Hearings: RES. 97-358, Bk. 118, p. 358, SETTING A PUBLIC HEARING for November 11 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST F©R THE CONSTRUCTION OF THE Council Activities October 21, 1997 page 2 WOOLF AVENUE BRIDGE RECONSTRUCTION PROJECT (PROJECT NO. BRM-3715(4)--8N-52), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 97-359, Bk. 118, p. 359, SETTING A PUBLIC HEARING for November 11 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES" OF THE CITY CODE TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE WATER USE AND SERVICE AND WASTEWATER TREATMENT WORKS USER CHARGES. Motions: Accepting Abstract of Votes for the Iowa City primary election held on the 7th day October, 1997. Approve disbursements in the amount of 910,083,761.85 for the period of September 1 through September 30, 1997, as recommended by the Finance Director subject to audit. Resolutions, Bk. 118: RES. 97-360, p. 360, ACCEPTING WORK FOR THE GROUNDWATER STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT. RES. 97-361, p. 361, ACCEPTING THE WORK FOR THE STORM SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR AUDITOR'S PARCEL 95081 (CONTAINING BUILDINGS ADDRESSED 749, 751, 751 1/2, AND 753 WEST BENTON STREET). RES. 97-362, p. 362, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE FIRST AVENUE PAVING AND STORM SEWER IMPROVEMENTS PROJECT, BRADFORD TO MUSCATINE. RES. 97-363, p. 363, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST STORM SEWER, STORMWATER MANAGEMENT AND WATERMAIN EASEMENT AGREEMENTS FOR DEVELOPMENT AT 749 THROUGH 753 WEST BENTON STREET, IOWA CITY, IOWA. Correspondence: Isaac Burns regarding skateboarding. Robert Barker, S&G Materials, regarding Sandplant Proposal. JCCOG Traffic Engineering Planner regarding: (a) No Parking Corner to Here at Intersection of Jefferson Street and Johnson Street; (b) Designation of Ten Additional Metered Parldng Spaces Downtown; (c) Designation of On-Street Angle Parking Downtown; (d) Removal of Commercial Loading Zone for Downtown Transit Shuttle Stop. Use of City Streets and Public Grounds, all approved: Peg Fraser (Hospice Road Races) - October 19. Kristin Thiel (Amnesty International's Get Up, Stand Up, and Walk") - October 1 7. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Sr. Center Commissioner Philip Zell invited everyone to the Senior Center town meeting scheduled October 22. Michael Finley, 715 S. First Avenue, appeared regarding noise associated with trucks unloading at Hy-Vee very early in the morning; expansion of First Avenue; signalization at Friendship Street; changing to Council Activities October 21, 1997 page 3 a commission form of government. PCD Director Franklin stated Hy~Vee had been contacted regarding designated truck routes. Jeanette Waters, 1538 Rochester Avenue, appeared regarding the proposed removal of three trees for the WooIf Avenue Bridge reconstruction. Council stated the matter had been discussed at the work session the previous evening and the engineers had been asked to look at the realignment of the street to try and save the trees. Moved by Norton, seconded by Vanderhoef, to set a public hearing for November 11 on an application to amend the approved Sensitive Areas Development Plan for Walden Hills to allow the development of Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay zone at the northwest corner of Rohret Road and Shannon Drive. The Mayor declared the motion carried unanimously, 7/0, all Council Members present Moved by Thornberry, seconded by Norton, to set a public hearing for November 11 on a resolution approving the annexation of a 2.81 acre tract located southeast of the intersection of Iowa Highway 1 and Naples Avenue. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Lehman, to set a public hearing for November 11 on an ordinance amending the Zoning Ordinance by changing the use regulations of a 2.81 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue, from County CP-1, Planned Commercial, to Cl-1, Intensive Commercial. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, to set a public hearing for November 11 on an ordinance amending the Zoning Ordinance by changing the use regulations of a 0.87 acre tract, located on the east side of West Side Drive and south of Earl Road, from RM-12, Low Density Multi-Family Residential and C1-1, Intensive Commercial, to CO-1, Commercial Office. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the Comprehensive Plan, including the South District Plan. The Mayor noted Council would be discussing the Comp Plan at a special work session scheduled November 3 at 6:30 p.m. in Council Chambers. George Starr, P&Z Chairperson, appeared. Moved by Norton, seconded by Lehman, to continue the public hearing to November 11. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. 97-3811, Bk. 40, p. 49, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 3.63 ACRE TRACT OF LAND LOCATED EAST OF SOMERSET LANE AND SOUTH OF WELLINGTON DRIVE FROM RS-5 TO OPDH-5, A PRELIMINARY PLANNED DEVELOPMENT HOUSING (OPDH) FOR VILLAGE GREEN, PART XV, 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 Council Activities October 21, 1997 page 4 carried. Moved by Thornberry, seconded by Vanderhoef, 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 Norton, seconded by Thornberry, to adopt RES. 97-364, Bk. 118, p. 364, APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN, PART XV, 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 Baker, to adopt RES. 97-365, Bk. 118, p. 365, APPROVING THE FINAL PLAT OF VILLAGE GREEN, PART XV, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. PCD Director Franklin asked Council Members to let the City Clerk know if they would be attending the tour and/or lecture with Victor Dover on Thursday, noting that if a quorum attended it would be handled as a special meeting. A public hearing was held on a resolution between the City of Iowa City and the Benevolent and Protective Order of Elks of the U.S.A. Corp. Lodge No. 590, regarding the peninsula property. No one appeared. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-366, Bk. 118, p. 366, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE U.S.A. CORP., LODGE NO. 590 THAT ESTABLISHES THE ALIGNMENT OF FOSTER ROAD EXTENDED THROUGH THE GOLF COURSE IN ORDER TO FACILITATE THE CITY'S DEVELOPMENT OF THE PENINSULA AND THE CONSTRUCTION OF THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITY IMPROVEMENTS AND PROVIDES FOR THE GRANTING OF A PERMANENT EASEMENT TO THE ELKS ON CITY-OWNED PROPERTY FOR THE CONSTRUCTION OF TWO GOLF HOLES TO REPLACE THOSE WHICH WILL BE LOST AS A RESULT OF THE FOSTER ROAD IMPROVEMENTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the winter 1997/1998 Iowa City Deer Management Plan. The following individuals appeared: Judy Rhodes, Whiting Avenue, Committee Member; Doug Jones, 816 Park Rd., Committee Member; Jan Ashman, Committee Member; Bud Louis, Committee Member; Nancy Seiberling, 209 Black Springs Circle, Committee Member; Steve Hendrix, Committee Member; Norm Scott, 1401 Ash; Grace Trifaro, 902 N. Dodge, Citizens for Animal Rights and the Environment; Theresa Sladek, 2109 I Street; Drew Dillman, 7 Gilmore Court; Bettina Bourjaily, 710 Beldon Avenue; Dennis Jennings, Vice President of Iowa Wild Turkey Federation; Tim Thompson, DNR Wildlife Biologist, Committee Member; Bruce Tomlin; Jennifer Seymour, Students for Animal Rights and the Environment; Pat Farrant, Committee Member; Margaret MacDonald, 400 Foster Road; and Linda Tomlin, 1909 Glendale Road. Animal Shelter Director Goodman- Herbst and Adm. Asst. Handsaker present for discussion. Moved by Vanderhoef, Council Activities October 21, 1997 page 5 seconded by Thornberry, to accept correspondence from Bruce Glasgow. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Lehman, to adopt RES. 97-367, Bk. 118, p. 367, ESTABLISHING THE WINTER 1997/1998 IOWA CITY DEER MANAGEMENT PLAN. Individual Council Members expressed their views. Moved by Kubby, seconded by Novick, to defer the resolution to November 11, 1997. The Mayor declared the motion to defer failed, 3/4, with Norton, Kubby, Novick voting in the affirmative. After discussion, moved by Kubby, seconded by Norton, to amend the resolution by deleting the words "and strongly support" from #3. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended, 6/1, with the following division of roll call vote: Ayes: Novick, Thornberry, Vanderhoef, Baker, Lehman, Norton. Nays: Kubby. Absent: None. Council took a brief recess 9:50 p.m. Reconvened 10:10 p.m. Moved by Lehman, seconded by Baker, to defer indefinitely an ordinance amending Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons," to prohibit the use of bows, arrows and crossbows within the city. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Thornberry, to adopt RES. 97-368, Bk. 118, p. 368, DIRECTING SALE OF $5,540,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS. 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 Norton, seconded by Vanderhoef, to adopt RES. 97-369, Bk. 118, p. 369, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY98 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. 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 Norton, to adopt RES. 97-370, Bk. 118, p. 370, CERTIFYING UNPAID CLEAN-UP OF PROPERTY CHARGES TO COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Asst. City Arty. Mitchell present for discussion. Moved by Kubby, seconded by Lehman, to accept correspondence from: Dean Spina, representing Hubert Yeggy. 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 resolution adopted. The Mayor noted the current vacancies: Public Art Advisory Comm.- four vacancies; one to fill a one-year term, two to fill two-year terms, and one to fill a three-year term all beginning January 1, 1998. The Committee will be comprised of two community representatives and two art professionals. These appointments will be made at the December 9 Council meeting. Council Activities October 21, 1997 page 6 The Mayor noted the previously announced vacancies: Bd. of Adjustment - one vacancy to fill a five-year term ending January 1, 2003. Bd. of Appeals - Two vacancies (one Home Builders' Association Representative and one Licensed Plumber) for five-year terms ending December 31, 2002. Bd. of Library Trustees - one vacancy to fill an unexpired term ending July 1, 2003. Design Review Comm. - one vacancy for a Business or Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1999. Human Rights Comm. three vacancies to fill three-year terms ending January 1, 2001. P&R Comm. - two vacancies to fill four-year terms ending January 1, 2002. Riverfront & Natural Areas Comm. - three vacancies to fill three- year terms ending December 31, 2000. Sr. Center Comm. - two vacancies for three-year terms ending December 31, 2000. These appointments will be made at the November 11 Council meeting. Council Member Norton stated he has asked staff to look into the possibility of auxiliary patrols for some activities including activities downtown, and asked staff to schedule a meeting with University officials on mutual issues. Council Member Kubby thanked Sheridan Avenue residents for their patience during the sewer project work in the area. Council Member Lehman reminded citizens the main entrance to the Civic Center would be closed for renovation starting 5:00 p.m. October 22 and stated the east entrance would be open 24 hours during construction. Lehman reminded citizens of a public lecture by Victor Dover in Council Chambers on October 24 on housing issues and different approaches to subdivisions. Council Member Vanderhoef reminded citizens of the new membership year starting for the Iowa City-Coralville Convention and Visitors Bureau and invited citizens to call the Bureau to sign up or with any questions. Vanderhoef noted Homecoming Week-end at the University of Iowa and welcomed everyone back. Mayor Novick stated she would be talking to the sixth grade class at Lucas School and stated Council Members were available for such talks. City Atty. Dilkes stated the interview process for Asst. City Attorney would begin next week. Moved by Thornberry, seconded by Kubby, to adjourn 10:32 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Marian K. Karr, City Clerk Na'~mi J;(~o~i~ck, Mayor 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 proceed- ings and claims is ~ . Curru- lative cost for this calendar year for said publi- cation is ~ OFFICIAL COUNCIL ACTIONS - 10/6/97 Iowa City City Council, special meet- ing, 6:30 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 into executive session to discuss strategy with counsel in matters that are presently in litiga- tion or where litigation is imminent where its disclosure would be likely to prejudice or dis- advantage the position of the governmental body in that litigation; and to discuss the pur- chase of real estate only where premature dis- closure could be reasonably expected to in- crease the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 7:02 p.m. The Mayor declared the motion carried. A more complete description is on file in the office of the City Clerk. s/Marian K. Karr, City Clerk; Subm~ted for pul~lication - 10/13/97 Subject to change as finalized by the City Clerk. For a 'final official copy, contact the City CIerk's Office, 356-5040. The cost of publishing the following proceedings and claims is ~ Cumulative cost for this calendar year for said publications is 8 OFFICIAL COUNCIL ACTIONS - 10/7/97 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. The Mayor proclaimed Fire Prevention Week - October 5-11, Larry Kahler, Frank Dolezal, and Sigmund the owl, accepted; Family Health Month October, Adelaide Gurwell M.D., and Kristie Doser accepted; Breast Cancer Awareness Month - October Mammography Day - October 17. The Mayor presented the Outstanding Student Citizens Awards to Regina Elementary: Kelsie Full, Patrick Murray, and Tim Porter. A special presentation and announcement was made on the Mercer Park Gymnasium Project. Parks & Recreation Dir. Trueblood introduced Matt Pacha, Chair of the Parks & Recreation Comm. and the Parks & Recreation Foundation and Co-Chair of the Gymnasium Addition Campaign Committee, who presented a check totaling 8411,160 to the City Council, far surpassing their goal of 8350,000. Mr. Pacha introduced Committee member Dick Summerwill for the announcement of the naming of the facility for James P. Scanlon. Moved and seconded to adopt RES. 97-337, NAMING THE NEW GYMNASIUM COMPLEX AT MERCER PARK THE JAMES P. SCANLON GYMNASIUM. The Mayor declared the resolution adopted. 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 September 23, September 24, and the regular meeting of September 23, Official Council Actions October 7, 1997 page 2 as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - September 10; Human Rights Corem. - July 28, August 25; P&Z Comm. - September 18; PCRB - September 10, September 15, September 19; Sr. Center Comm. - August 27. Permit Motions: Class C Beer Permit for MillerMart, Inc., 2303 Muscatine Ave. Class B Beer Permit for Godfather's Pizza, 531 Highway 1 West. Class C Liquor License for Grizzly's, 1210 Highland Ct. Outdoor Service Area for Grizzly's, 1210 Highland Ct. Class C Beer Permit for DeliMart #1, 525 Hwy 1 West. Class E Beer Permit for QuikTrip #548, 955 Mormon Trek Blvd. Class C Liquor License for Hilltop Lounge, 1100 N. Dodge St. Class C Beer Permit for Mini Mart, 731 S. Riverside Dr. RES. 97-338, ISSUE DANCING PERMIT. Motions: APPROVE THE REVOCATION OF ELECTION OF THE ~ 10,600,000 SEWER REVENUE BONDS, SERIES 1997. Resolutions: RES. 97-339, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIENS ON THE PROPERTY LOCATED AT 628 SECOND AVENUE, IOWA CITY, IOWA. RES. 97-340, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR LOT 5 OF WALDEN SQUARE, PART 2. RES. 97- 341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT AND WATER MAIN EASEMENT AGREEMENT FOR WALDEN SQUARE, CITY OF IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner: Parking Prohibition on the East Side of Scott Boulevard. Civil Service Comm. submitting certified lists of applicants for the following position(s): Building Inspector. Ernie Lam regarding new traffic signal on Melrose Ave. Official Council Actions October 7, 1997 page 3 Use of City Streets and Public Grounds, all approved: Reeni Brakefield (DVIP "Flowers Down the River") - October 28. Use of City Plaza, all approved: Eugene Bilyk (ISKCON distribute literature) - September 22- 27. John Murphy (Johnson County I- Club Pep Rally) - September 25. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 21 on the Comprehensive Plan, including the South District Plan. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the Zoning Chapter by changing the zoning designation from RS-5, Low Density Single-Family Residential to OPDH-5, Planned Development Housing Overlay Zone, for 3.63 acres located east of Somerset Lane and south of Wellington Drive, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 97-3809, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM RM-20, MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL, AND RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO OSA-20 AND OSA-5, SENSITIVE AREAS OVERLAY ZONE, FOR APPROXIMATELY 1.9 ACRES LOCATED AT 1122-1136 N. DUBUQUE STREET, 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 motion carried. Moved and seconded to adopt RES. 97-342, APPROVING THE FINAL PLAT OF THE SCOTT-SIX INDUSTRIAL PARK. Moved and seconded to submit a letter to the Johnson County Board of Supervisors recommending approval of a conditional use permit for the extraction of sand and gravel from property south of Iowa City and West of the Iowa River with the following recommendations to the County added: 1) annual monitoring of the operation Official Council Actions October 7, 1997 page 4 for compliance with the conditional use permit; 2) the speed limit on Izaak Walton League Road be reduced to 35 mph; 3) a turnaround be provided for the school bus; 4) the applicant agree to creating an asphalt dust free surface on their entry drive; and 5) conciliation be pursued with the neighboring residents, applicant and the County. 'rhe following individuals appeared: Mary Kay Hull, 4443 Driftwood Lane; Marietta Gill, 4336 Camino Del Rio; Roy Walton, 4520 Oak Crest Hill Rd. SE; Robert Barker; Lon Drake; and Atty. Wm. Sueppel, representing S&G Materials. Moved and seconded to accept correspondence from: Vicki & Dwight Tardy; Mary Kay Hull; and a Disclaimer of any Concessions. The Mayor declared the motion carried. The Mayor declared the amended motion carried with the five recommendations added. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of 85,540,000.00 General Obligation Bonds. Moved and seconded to adopt RES. 97-343, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF 85,540,000 GENERAL OBLIGATION BONDS. Moved and seconded to adopt RES. 97-344, 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 adopt RES. 97-345, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID- TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS (34,557); CRISIS CENTER (835,408); DOMESTIC VIOLENCE INTERVENTION PROGRAM (847,000); EMERGENCY HOUSING PROJECT (88,500); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION (89,600); MAYOR'S YOUTH EMPLOYMENT (937,080); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY (852,000); RAPE VICTIM ADVOCACY PROGRAM (912,500); AMERICAN RED CROSS (84,740); Official Council Actions October 7, 1997 page 5 AND UNITED ACTION FOR YOUTH (834,300). Moved and seconded to adopt RES. 97-346, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID- TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: FREE MEDICAL CLINIC (85,440) AND HAWKEYE AREA COMMUNITY ACTION PROGRAM (86,425). Moved and seconded to adopt RES. 97-347, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SAME: ELDERLY SERVICES (856,800); MID- EASTERN COUNCIL ON CHEMICAL ABUSE (826,000); AND UNITED ACTION FOR YOUTH (822,200). Moved and seconded to adopt RES. 97-348, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FY98 CELL CONSTRUCTION PROJECT. Moved and seconded to adopt RES. 97-349, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE BURLINGTON STREET/GOVERNOR STREET SIGNALIZATION PROJECT. Moved and seconded to adopt RES. 97-350, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY, PROFESSIONAL ENGINEERS OF IOWA CITY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE FOSTER ROAD IMPROVEMENTS. Moved and seconded to adopt RES. 97-351, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY Official Council Actions October 7, 1997 page 6 OF IOWA CITY, AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. Moved and seconded to adopt RES. 97-352, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RICHARD AND LORETTA ANGERER FOR TEMPORARY USE OF RIGHTS-OF-WAY FOR A PORTION OF COLLEGE STREET AND MUSCATINE AVENUE IN IOWA CITY, IOWA. Moved and seconded to adopt RES. 97-353, RECLASSIFYING THE POSITION OF ELECTRONICS TECHNICIAN - TRAFFIC ENGINEERING IN THE TRAFFIC ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND AMENDING THE AFSCME PAY PLAN. Moved and seconded to adopt RES. 97-354, APPOINTING ELEANOR M. DILKES AS CITY ATTORNEY AND SETTING COMPENSATION. Moved and seconded to approve a motion granting a 45 day extension to the Police Citizen Review Board for the filing a report with the City Council on complaint #97-1. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 97-3810, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC REVISIONS," SECTION 9, ENTITLED "ACCIDENTS," BY REPEALING PARAGRAPH A, ENTITLED "REPORT OF ACCIDENT; INABILITY TO REPORT." Moved and seconded to adopt RES. 97-355, RATIFYING SETTLEMENT OF PENDING LITIGATION. The Mayor noted the current vacancies: Bd. of Adjustment - one vacancy to fill a five-year term ending January 1, 2003; Bd. of Library Trustees - one vacancy to fill an unexpired term ending July 1, 2003; Human Rights Comm. - three vacancies to fill three-year terms ending January 1, 2001; P&R Comm. - two vacancies to fill four-year terms ending January 1, 2002; Riverfront & Natural Areas Comm.- three vacancies to fill three-year terms ending December 31, 2000. The Mayor noted the previously- Official Council Actions October 7, 1997 page 7 announced vacancies: Design Review Comm. - one vacancy for a Business or Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1999; Bd. of Appeals - two vacancies (one Home Builders' Association Representative and one Licensed Plumber) for five-year terms ending December 31, 2002; Sr. Center Comm.- two vacancies for three-year terms ending December 31, 2000. These appointments will be made at the November 11 Council meeting. Moved and seconded to appoint Charles Major, #7 Blue Stem Ct., to the Human Rights Comm. to fill an unexpired term ending January 1, 2000. The Mayor declared the motion carried. Moved and seconded to adjourn 10:05 p.m. The Mayor declared the motion carried. A more complete description is on file in the office of the City Clerk. s/Naomi J. Novick, Mayor Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office, 356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 6, 1997 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Karr. Council minutes tape recorded on Tape 97-137, side 1. Moved by Vanderhoef, seconded by Norton, to adjourn into executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of 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 the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:34 p.m. Council returned to open session 7:00 p.m. Moved by Lehman, seconded by Vanderhoef, to .adjourn the special meeting 7:02 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, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 7, 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, Yucuis, Trueblood, Schmadeke, Scott. Council minutes tape recorded on Tape 97-137, Side 2; 97-140, Both Sides; 97-141, Side 1. The Mayor reminded everyone to vote prior to polls closing at 8:00 p.m.; and wished Catherine C. Sueppel a Happy 95th Birthday. The Mayor proclaimed Fire Prevention Week - October 5-11, Larry Kahler, Frank Dolezal, and Sigmund the owl, accepted; Family Health Month - October, Adelaide Gurwell M.D., and Kristie Doser accepted; Breast Cancer Awareness Month - October Mammography Day - October 17. The Mayor presented the Outstanding Student Citizens Awards to Regina Elementary: Kelsie Full, Patrick Murray, and Tim Porter. A special presentation and announcement was made on the Mercer Park Gymnasium Project. Parks & Recreation Dir. Trueblood introduced Matt Pacha, Chair of the Parks & Recreation Comm. and the Parks & Recreation Foundation and Co-Chair of the Gymnasium Addition Campaign Committee, who presented a check totaling $411,160 to the City Council, far surpassing their goal of $350,000. Mr. Pacha introduced Committee member Dick Summerwill for the announcement of the naming of the facility for James P. Scanlon. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-337, Bk. 11 8, p. 337, NAMING THE NEW GYMNASIUM COMPLEX AT MERCER PARK THE JAMES P. SCANLON GYMNASIUM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the special meetings of September 23, September 24, and the regular meeting of September 23, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - September 10; Human Rights Comm. - July 28, August 25; P&Z Comm. - September 18; PCRB - September 10, September 15, September 19; Sr. Center Comm. - August 27. Permit Motions: Class C Beer Permit for MillerMart, Inc., 2303 Muscatine Ave. Class B Beer Permit for Godfather's Pizza, 531 Highway 1 West. Class C Liquor License for Grizzly's, 1210 Highland Ct. Outdoor Service Area for Grizzly's, 1210 Highland Ct. Class C Beer Permit for Council Activities October 7, 1997 page 2 DellMart//1, 525 Hwy 1 West. Class E Beer Permit for QuikTrip //548, 955 Mormon Trek Blvd. Class C Liquor License for Hilltop Lounge, 1100 N. Dodge St. Class C Beer Permit for Mini Mart, 731 S. Riverside Dr. RES. 97- 338, Bk. 118, p. 338, ISSUE DANCING PERMIT. Motions: APPROVE THE REVOCATION OF ELECTION OF THE $10,600,000 SEWER REVENUE BONDS, SERIES 1997. Resolutions, Bk. 118: RES. 97-339, p. 339, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIENS ON THE PROPERTY LOCATED AT 628 SECOND AVENUE, IOWA CITY, IOWA. RES. 97-340, p. 340, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR LOT 5 OF WALDEN SQUARE, PART 2. RES. 97-341, p. 341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT AND WATER MAIN EASEMENT AGREEMENT FOR WALDEN SQUARE, CITY OF IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner: Parking Prohibition on the East Side of Scott Boulevard. Civil Service Comm. submitting certified lists of applicants for the following position(s): Building Inspector. Ernie Lam regarding new traffic signal on Melrose Ave. Use of City Streets and Public Grounds, all approved: Reeni Brakefield (DVIP "Flowers Down the River") - October 28. Use of City Plaza, all approved: Eugene Bilyk (ISKCON distribute literature) - September--22-27. John Murphy (Johnson .County I-Club Pep Rally) - September 25. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Kubby, to set a public hearing for October 21 on the Comprehensive Plan, including the South District Plan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by.Thornberry, seconded by Lehman, that the ordinance amending the Zoning Chapter by changing the zoning designation from RS-5, Low Density Single-Family Residential to OPDH-5, Planned Development Housing Overlay Zone, for 3.63 acres located east of Somerset Lane and south of Wellington Drive (Village Green, Part 15), be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Vanderhoef, 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. 97-3809, Bk. 40, p. 47, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM RM-20, MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL, AND RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO OSA-20 AND OSA- 5, SENSITIVE AREAS OVERLAY ZONE, FOR APPROXIMATELY 1.9 ACRES Council Activities October 7, 1997 page 3 LOCATED AT 1122-1136 N. DUBUQUE STREET (Cliffs Apartments), 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 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 motion carried. Moved by Kubby, seconded by Norton, to adopt RES. 97-342, Bk. 118, p. 342, APPROVING THE FINAL PLAT OF THE SCOTT-SIX INDUSTRIAL PARK. Council noted discussion at their work session the previous evening regarding writing a letter to the IDNR requesting expedited consideration of the Streb request for the approval of stream relocation plan. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Lehman, to submit a letter to the Johnson County Board of Supervisors recommending approval of a conditional use permit (S&G Materials) for the extraction of sand and gravel from property south of Iowa City and West of the Iowa River with the following recommendations to the County added: 1) annual monitoring of the operation for compliance with the conditional use permit; 2) the speed limit on Izaak Walton League Road be reduced to 35 mph; 3) a turnaround be provided for the school bus; 4) the applicant agree to creating an asphalt dust free surface on their entry drive; and 5) conciliation be pursued with the neighboring residents, applicant and the County. The following individuals appeared: Mary Kay Hull, 4443 Driftwood Lane; Marietta Gill, 4336 Camino Del Rio; Roy Walton,' 4520 Oak Crest Hill Rd. SE; Robert Barker; Lon Drake; and Atty. Wm. Sueppel, representing S&G Materials. PCD Director Franklin' present for discussion. Moved by Thornberry, seconded by Kubby, to accept correspondence from: Vicki & Dwight Tardy; Mary Kay Hull; and a Disclaimer of any Concessions. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor declared the amended motion carried with the five recommendation added, 6/1, with Thornberry voting "Nay." Council took a brief recess 9:10 p.m.; reconvened 9:12 p.m. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of 85,540,000.00 General Obligation Bonds. No one appeared. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-343, Bk. 188, p. 343, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS. 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. 97-344, Bk. 118, p. 344, 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 October 31, 1997. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, Council Activities October 7, 1997 page 4 with the following roll call vote: Ayes: Lehman, Norton, Novick, Vanderhoef, Baker, Kubby. Nays: Thornberry. Absent: None. Moved by Kubby, seconded by Lehman, to adopt RES. 97-345, Bk. 118, p. 345, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS (34,557); CRISIS CENTER (935,408); DOMESTIC VIOLENCE INTERVENTION PROGRAM (947,000); EMERGENCY HOUSING PROJECT (98,500); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION (99,600); MAYOR'S YOUTH EMPLOYMENT (937,080); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY (952,000); RAPE VICTIM ADVOCACY PROGRAM (912,500); AMERICAN RED CROSS (94,740); AND UNITED ACTION FOR YOUTH (934,300). 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. 97-346, Bk. 118, p. 346, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: FREE MEDICAL CLINIC (95,440) AND HAWKEYE AREA COMMUNITY ACTION PROGRAM (96,425). Affirmative roll call vote unanimous, 6/0, Kubby abstaining. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Thornberry , to adopt RES. 97-347, Bk. 118, p. 347, APPROVING AN 'AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SAME: ELDERLY SERVICES (956,800); .MID-EASTERN COUNCIL. ON CHEMICAL ABUSE (926,000); AND UNITED ACTION FOR YOUTH (922,200). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 97-348, Bk. 118, p. 348, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FY98 CELL CONSTRU,CTION PROJECT to McAninch Corp. for 91,151,429.09. 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. 97-349, Bk. 118, p. 349, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE BURLINGTON STREET/GOVERNOR STREET SIGNALIZATION PROJECT to Advanced Electrical Services for 950,753.00. 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. 97-350, Bk. 118, p. 350, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO Council Activities October 7, 1997 page 5 EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY, PROFESSIONAL ENGINEERS OF IOWA CITY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE FOSTER ROAD IMPROVEMENTS. Public Works Director Schmadeke 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 RES. 97-351, Bk. 118, p. 351, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. 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. 97-352, Bk. 118, p. 352, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RICHARD AND LORETTA ANGERER FOR TEMPORARY USE OF RIGHTS-OF-WAY FOR A PORTION OF COLLEGE STREET AND MUSCATINE AVENUE IN 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 Norton, to adopt RES. 97-353, Bk. 118, p. 353, RECLASSIFYING THE POSITION OF ELECTRONICS TECHNICIAN - TRAFFIC ENGINEERING IN THE TRAFFIC ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND AMENDING THE AFSCME PAY PLAN (from Pay Grade 12 to 13). 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. 97-354, Bk. 118, p. 354, APPOINTING ELEANOR M. DILKES AS CITY ATTORNEY AND SETTING COMPENSATION at 970,000. Affirmative roll call vote unanimous, 7/0, all Council Members present'. The Mayor declared the resolution adopted. Moved by Norton, seconded by Thornberry, to approve a motion granting a 45 day extension to the Police Citizen Review Board for the filing a report with the City Council on complaint #97-1, The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Thornberry, to adopt ORD. 97-3810, Bk. 40, p. 48, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC REVISIONS," SECTION 9, ENTITLED "ACCIDENTS," BY REPEALING PARAGRAPH A, ENTITLED "REPORT OF ACCIDENT; INABILITY TO REPORT." 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 RES. 97-355, Bk. 118, p. 355, RATIFYING SETTLEMENT OF PENDING LITIGATION (to Rasmussen Council Activities October 7, 1997 page 6 Currier, Leaton - $39,000). Affirmative roll call vote unanimous, 7/0, all council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Bd. of Adjustment - one vacancy to fill a five-year term ending January 1, 2003; Bd. of Library Trustees - one vacancy to fill an unexpired term ending July 1, 2003; Human Rights Comm. three vacancies to fill three-year terms ending January 1, 2001; P&R Comm. - two vacancies to fill four-year terms ending January 1, 2002; Riverfront & Natural Areas Comm. - three vacancies to fill three-year terms ending December 31, 2000. These appointments will be made at the November 11 Council meeting. The Mayor noted the previously-announced vacancies: Design Review Comm. - one vacancy for a Business or Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1999; Bd. of Appeals - two vacancies (one Home Builders' Association Representative and one Licensed Plumber) for five-year terms ending December 31, 2002; Sr. Center Comm. - two vacancies for three-year terms ending December 31, 2000. These appointments will be made at the November 11 Council meeting. Moved by Lehman, seconded by Thornberry, to appoint Charles Major, #7 Blue Stem Ct., to the Human Rights Comm. to fill an unexpired term ending January 1, 2000. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor presented a Birthday card to Council Member Thornberry and wished him a Happy Birthday. Mayor Novick announced the winners of the City Primary as follows: District B: Baker and Champion; At-Large: Lehman, O'Donnell, Maurer and Wilburn. Council Member Baker noted the memo from HIS Director Boothroy regarding information for starting some sort of inspection process in the fringe area and questioned whether it should be scheduled for further discussion. Kubby requested that a copy of the memo be sent to the County, Vanderhoef suggested waiting to discuss the matter until after the County had their discussion. Council Member Vanderhoef reported on her recent visit to the Learning Center in Bettendorf as part of the League of Cities meeting; the new library which shares the campus with the Learning Center, children's museum and science museum; and stated she did have the floorplans and statistics on the project. Vanderhoef complimented the design of the Children's Museum currently on display at Sycamore Mall; and acknowledged the .$25,000 gift to the Senior Center by the late Ms. Joella Antes. Council Member Thornberry announced the latest house being built by Habitat for Humanity was completed and thanked the efforts of First Methodist Church and Jan Taylor; and wished Atty. Wm. Meardon a speedy recovery. Council Member Lehman presented Mayor Novick a birthday card. Council Member Kubby announced that Carol DeProsse's installation "The Death of An Artist: An Indictment" will be at the Arts of Iowa City through October 31; stated she was glad skaters and bicyclists were using the City parking lot evenings and weekends; reported on the display of elementary and junior art on city Council Activities October 7, 1997 page 7 buses; and reminded citizens of the upcoming Hospice Road Race and urged participation in the race or by collecting pledges. Council Member Norton urged citizens to take a look at the efforts to clean- up the downtown area; questioned the next step to change lane markings on Melrose Avenue (staff will report back); and encouraged Council and the public to attend the Johnson County Family Water Festival on October 18 at Northwest Junior High in Coralville. Mayor Novick announced the schedule for a show entitled "Magic of Recycling" which will be touring various schools the week of November 3-7. Moved by Lehman, seconded by Vanderhoef, to adjourn 10:05 p.mo The Mayor declared the motion carried. Naomi J. Novick, Mayor Marian K. Karr, City Clerk