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HomeMy WebLinkAbout1998-11-17 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 17, 1998 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Franklin, Boothroy, Mitchell, Handsaker, Goodman- Herbst, Hennes, Oswald, Rocca, Yucuis, Craig. Council minutes tape recorded on tape 98-128; 98-129; 98-130, Both Sides. The Mayor presented the Outstanding Student Citizenship Awards to Horace Mann Elementary students: Devon Jackson, Morgan Nicholson, Britney Tonning. The Mayor proclaimed West High Women of Troy Girls Cross Country Team Recognition Day - November 17, Coach Mike Parker and members of the team accepted; Regina Regals Boys Cross Country Team Recognition Day - November 18, Coach Bob Brown and members of the team accepted; Great American Smokeout - November 19, Amy Carlson, American Cancer Society Program Director, and Roosevelt 5th and 6th grade Science Classes accepted, and presented Great American Smokeout Survival Kits to Council Members. Moved by Norton, seconded by Thornberry, 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 spesial meetings of October 29 and November 2 and the regular meeting of November 3, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - October 14. Bd. of Appeals - October 5. Library Bd. of Trustees - October 22. P&R Cornre. - October 14. P&Z Comm. October 15. PCRB October 27, October 29. Receive PCRB Public Report/198-11 PCRB - November 3. Receive PCRB Public Reports/198-14 and/198-16. Permit Motions: Class C Beer Permit for Fareway Stores, Inc., 2530 Westwinds Dr. Class C Beer Permit for EspresStop, 2545 N. Dodge St. Class B Wine Permit for ExpresStop, 2545 N. Dodge St. Class C Liquor License for Ground Round, 830 S. Riverside Dr. Special Class C Liquor License for India Caf~, 227 E. Washington St. Class C Liquor License for Jimmy's Brick Oven Caf~, 749 Mormon Trek Blvd. Outdoor Service Area for Jimmy's Brick Oven Caf~, 749 Mormon Trek BIvd. Class C Liquor License for Sanctuary Restaurant, 405 S. Gilbert St. Motions: Approve disbursements in the amount of 913,602,376.48 for the period of September 1 through September 30, 1998, as recommended by the Finance Director subject to audit. Resolutions, Bk. 119: RES. 98-355, p. 355, ADOPTING THE AMENDED FY99 ANNUAL ACTION PLAN BUDGET WHICH IS A PART OF Council Activities November 17, 1998 Page 2 THE CONSOLIDATED PLAN AS MANDATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. RES. 98-356, p. 356, ACCEPTING THE WORK FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER. RES. 98-357, p. 357, ACCEPTING THE WORK FOR THE IOWA CITY DOWNTOWN STREETSCAPE, PHASE 1 IMPROVEMENTS PROJECT. Correspondence: Cindy Schonholz (Professional Rodeo Cowboys Association) regarding rodeo rules and regulations. Judy Thayer regarding library. Steve Grismore regarding funding for Iowa City Jazz Festival. John Nesbitt regarding newswatch bulletin. Barbara Buss regarding Benton St. (11/8). Mitch Botts regarding school zones. Tom Bair regarding crosswalk. Civil Service Comm. submitting certified lists of applicants for the following position(s): Animal Control Officer; Body Repair Mechanic. Barbara Buss regarding Benton St. (11/15) Rev. Thomas Hulme regarding Benton St. Ann Kohl regarding Benton St. Robert Dostal regarding various issues. Esther Otto regarding Benton St. Anne Bendixen. Ginny Rew regarding Benton St. Janelie Rettig regarding various issues. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Renee Paine, PATV, invited Council and the community to Public Access Television's Annual Meeting on November 19. The following individuals appeared regarding the Benton Street Reconstruction Project: Joe Lynn, 801 Wylde Green; Anna Buss, 525 W. Benton; Ginny Rew, 302 W. Benton; and Carl (Tyrone) Whitter, 1305 Benton St. Moved by Kubby, seconded by Vanderhoef, to set a public hearing for December 1 on an ordinance to vacate street right-of-way located east of North Market Square Park, and south of Horace-Mann School. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving the annexation of a 19.81 acre tract located at the southeast corner of Scott Boulevard and American Legion Road (Silvercrest). No one appeared. Moved by Thornberry, seconded by Norton, to adopt RES. 98-358, Bk. 119, p. 358, APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 19.81 ACRES LOCATED AT THE SOUTHEAST CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD (Silvercrest). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance changing the zoning designation of 21.53 acres located at the southeast corner of Scott Boulevard and American Legion Road (Silvercrest). No one appeared. Moved by Thornberry, seconded by Norton, that the ordinance changing the zoning designation of 21.53 acres from Low Density Single Family Residential (RS- 5), County A1, Rural, and County CH, Highway Commercial, to Planned Development Housing Overlay (OPDH-12), located at the southeast corner of Scott Boulevard and American Legion Road (Silvercrest), be given first vote for Council Activities November 17, 1998 Page 3 consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Vanderhoef, that the ordinance changing the zoning designation of approximately 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing Overlay (OPDH-5), to allow 36 dwelling units, for property located at Wellington Drive and Village Road (Village Green Part 16/Wellington Condominiums), be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-359, Bk. 119, p. 359, APPROVING THE ANNEXATION OF APPROXIMATELY 4.45 ACRES, OCCUPIED BY THE COURT STREET RIGHT-OF-WAY, LOCATED AT THE EAST TERMINUS QF COURT STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by O'Donnell, that the ordinance changing the zoning designation of a 4.45 acre tract from Suburban Residential (County RS), to Low Density Single-Family Residential (RS-5) and Public (P) for property located at the east terminus of Court Street, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, that the ordinance vacating the Madison Street right-of-way south of Prentiss Street, the Des Moines Street right-of-way west of Capitol Street and the 20-foot wide alley south of Prentiss Street and west of Capitol Street, be given second vote for consideration (University of Iowa). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by O'Donnell, to defer to December 1, a resolution approving the final plat of Galway Hills Subdivision Part 5. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving the Winter 1998/99 Deer Management Plan. The following individuals appeared: Ed Hartin, wildlife biologist, USDA Wildlife Services; Tim Thompson, Wildlife biologist for Johnson County; Florence Boos, 1427 Davenport St.; Douglas Jones, 816 Park Rd., member of the Deer Management Committee; Vanessa Jones, 804 N. Dubuque St.; Bill Boos, 1427 Davenport St.; Charles Hews, 1327 Cedar; Clayton Foley, 612 E. Court; Kristin Brandser; Chad Gonnerman, 507 N. Linn; April Dirksen; Shannon Nelson, 1602 Aber Ave.; Seth Neiman, 530 N. Clinton St.; Margaret MacDonald, 400 Foster Rd.; and Ben Lewis, 507 N. Linn St. Adm. Asst. Handsaker; Asst. City Atty. Mitchell, and Animal Shelter Supr. Goodman-Herbst presented information. Moved by Vanderhoef, seconded by Kubby, to accept correspondence from: Jackie Baumhauer; Janelie Rettig; D.J. Schubert; Beth Fisher; Nick Deacon. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Public discussion was held on an ordinance amending Section 14, Chapter 5, Article A, Building Code, by adopting Volumes 1, 2, and 3 of the 1997 Edition of Council Activities November 17, 1998 Page 4 the Uniform Building Code published by the International Conference of Building Officials, and providing for certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. Mark Hall, President Home Builders Assn. Of Iowa City, appeared. HIS Director Boothroy and Sr. Building Inspector Hennes present for discusison. Moved by Kubby, seconded by Thornberry, to combine Item No. 9. public discussion on an ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 1997 Edition of the Uniform Fire Code and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa; Item No. 10. public discussion on an ordinance amending Title 14, Chapter 5, Article B, of the City Code, by adopting the 1997 Edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations; Item No. 11. public discussion on an ordinance amending Section 14, Chapter 5, Article F, Abatement of Dangerous Buildings Code, by adopting the 1997 Edition of the Uniform Code for the Abatement of Dangerous Building Code published by the International Conference of Building Officials, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa; Item No. 12 public discussion on an ordinance creating Section 14, Chapter 5, Article J, Building Conservation Code, by adopting the 1997 Edition of the Uniform Code for Building Conservation as published by the International Conference of Building Officials, to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; and Item No. 13 public discussion on an ordinance amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 1997 Edition of the Uniform Mechanical Code published by the International Conference of Building Officials, and providing for certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. The Mayor declared the motion to combine item 9-13 carried unanimously, 7/0, all Council Members present. John Shaw, appeared. A public hearing was held on a resolution instituting proceedings to take additional actions for the issuance of 98,400,000 General Obligations Bonds. (streets, sidewalks, lighting; bridges, water facilities; parks; airport). Individual Council Members expressed their views. No one appeared. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-360, Bk. 119, p. 360, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF 98,400,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities November 17, 1998 Page 5 A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed 8700,00 General Obligation Bonds (Civic Center - 3rd floor). No one appeared. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-361, Bk. 119, p. 361, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED 8700,000 GENERAL OBLIGATION BONDS. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. Nays: Kubby. Absent: None. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed 8470,000 General Obligation Bonds (Library improvements). No one appeared. Moved by Norton, seconded by Vanderhoef, to adopt RES. 98-362, Bk. 119, p. 362, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED 8470,000 GENERAL OBLIGATION BONDS. 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 instituting proceedings to take additional action for the authorization and issuance of not to exceed $700,000 (Police Station - 2nd floor). No one appeared. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-363, Bk. 119, p. 363, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED 8700,000 GENERAL OBLIGATION BONDS. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Lehman. Nays: Kubby. Absent: None. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed 8700,000 (Public Works facility). No one appeared. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-364, Bk. 119, p. 364, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED 8700,000 GENERAL OBLIGATION BONDS. Individual Council Members expressed their views. 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 instituting proceedings to take additional action for the authorization and issuance of not to exceed 8700,000 (Recreation Building). Moved by Vanderhoef, seconded by Norton, to adopt RES. 98-365, Bk. 119, p. 365, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED 8700,000 GENERAL OBLIGATION BONDS. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Activities November 17, 1998 Page 6 A public hearing on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed 9330,000 General Obligation Bonds (Soccer Fields). No one appeared. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-366, Bk. 119, p. 366, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED 9330,000 GENERAL OBLIGATION BONDS. 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 instituting proceedings to take additional action for the issuance of not to exceed 98,000,000 Sewer Revenue Bonds. No one appeared. Moved by Vanderhoef, seconded by Norton, to adopt RES. 98-367, Bk. 119, p. 367, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED 98,000,000 SEWER REVENUE BONDS. 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 instituting proceedings to take additional action for the issuance of not to exceed 99,200,000 Water Revenue Bonds. No one appeared. Moved by Thornberry, seconded by Norton, to adopt RES. 98-368, Bk. 119, p. 368, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED 99,200,000 WATER REVENUE BONDS. 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 instituting proceedings to take addition action for the issuance of not to exceed 910,000,000 Parking System Revenue Bonds. Merle Trummel appeared. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-369, Bk. 119, p. 369, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED 910,000,000 PARKING SYSTEM REVENUE BONDS. The Mayor declared the resolution adopted, 6/1, with following division of roll call vote: Ayes: Champion, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Nays: Kubby. Absent: None. Moved by Norton, seconded by Vanderhoef, that the ordinance amending Title 9 of the City Code of Iowa City entitled "Motor Vehicles and Traffic," by amending Chapter 3, Section 6b herein to change the speed limit on US Highway 6 from the east city limit to a point 500 feet west of Heinz Road, 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 O'Donnell, that the ordinance amending the City Code of the City of Iowa City, Iowa, by amending Section 8-5-5, entitled "Keeping Disorderly House," to provide for police initiated complaints and to provide for police authority to restore order and disperse persons from violating premises, be given second vote for consideration. City Atty. Dilkes present for Council Activities November 17, 1998 Page 7 discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Champion, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Nays: Kubby. Absent: None. Moved by Vanderhoef, seconded by Thornberry, to accept correspondence from: Phil Phillips; Ben Lewis. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to adopt ORD. 98-3857, Bk. 119, p. 44, AMENDING THE CITY CODE TO PROHIBIT THE POSSESSION OF TOBACCO PRODUCTS OR CIGARETTES BY PERSONS UNDER EIGHTEEN YEARS OF AGE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Thornberry, to defer to December 1, an ordinance amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article E entitled "Wastewater Treatment Works Indirect Discharge," Section 4, entitled "Pretreatment Standards," of the City Code to amend plant influent zinc standards. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-370, Bk. 119, p. 370, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNIVERSITY OF IOWA, FOR TEMPORARY USE OF PUBLIC RIGHTS-OF- WAY FOR PORTIONS OF PRENTISS, MADISON AND CAPITOL STREETS IN IOWA CITY, IOWA. City Atty. Dilkes 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 Norton, to adopt RES. 98-371, Bk. 119, p. 371, INTENT TO CONVEY VACATED PORTIONS OF THE DES MOINES STREET RIGHT-OF-WAY LOCATED WEST OF CAPITOL STREET AND EAST OF THE IOWA RIVER, THE MADISON STREET RIGHT-OF-WAY SOUTH OF PRENTISS STREET AND NORTH OF THE IOWA INTERSTATE RAILROAD TRACKS, AND THE 20 FOOT WIDE ALLEY BETWEEN PRENTISS STREET AND THE DES MOINES STREET RIGHT-OF-WAY WEST OF CAPITOL STREET TO THE UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS, THE REDEVELOPER OF THE SUBJECT PROPERTY AND OWNER OF ALL ABUTTING PROPERTIES, FOR A PUBLIC PURPOSE AND WITHOUT COMPENSATION, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR DECEMBER 1, 1998. 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. 98-372, Bk. 119, p. 372, REQUESTING SUBMISSION OF THE QUESTION OF THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE QUALIFIED ELECTORS OF THE INCORPORATED AND UNINCORPORATED AREAS OF JOHNSON COUNTY, as amended. Tom Gelman appeared. After discussion. Moved by Kubby, seconded by Norton, to amend the resolution so that 10% would read "to support the operating and capital improvement expenses of public transit and paratransit to include fare relief and enhanced service." The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to Council Activities November 17, 1998 Page 8 amend to amend the resolution to read 10% "to support the operating expenses of the public library and the community events center, and to support community activities and events." The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to amend the 5% portion of the resolution to read "to maintain and enhance funding of Johnson County area human services agencies and activities." The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, to amend the resolution of 10% to read "to support the hiring and equipping of police officers, firefighters, and/or other public safety personnel, and for construction of related public safety improvements." The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Individual Council Members expressed their views. Moved by Thornberry, seconded by Kubby, to accept correspondence from: Janelie Rettig; Evan Fales; Lucy Choisser; Dan Coleman; Reginald Williams; Mona Shaw; Mary Crippen; Loretta Popp; Jean Martin; Cheryl Hetherington; Nick Johnson; Brian Meyer; Bob Welsh; Art Vincent; Holly Hart; John Nesbitt; Roberta TilI-Retz; Linsey Bergen; Daniel Johnson-O'Mara; Felicia Beeching; Tom Gelman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Nays: Kubby, Absent: None. Moved by Vanderhoef, to seconded by Norton, to defer to December 15, a resolution to adopt the Iowa City Police Citizens Review Board Standard Operating Procedures and Guidelines. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Kubby, to grant an extension to December 18, 1998, to the Police Citizens Review Board for the filing of a report with the City Council on Complaint/t98-17. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the following vacancies: Bd. of Adjustment: one vacancy to fill a five-year term ending January 1, 2004; Bd. of Appeals: one vacancy to fill a five-year term ending December 31, 2003, for a mechanical professional; Riverfront & Natural Areas Comm.: one vacancy to fill a three-year term ending December 31, 2001. These appointments will be made at the December 1 Council meeting. Moved by Kubby, seconded by Norton, to appoint Jane Nelson-Kuhn, 628 Third Ave., to the Human Rights Comm. to fill a three-year term ending January 1, 2002; approve a recommendation from the Johnson County Board of Supervisors to appoint Larry Pugh to the Sr. Center Comm. for an unexpired term ending December 31, 1999. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Kubby stated she would not be available for her office hours on November 19 or 26; and requested an update on the City's compliance with Y2K issues, noting citizen concerns regarding water, gas and electricity services. Council Activities November 17, 1998 Page 9 Council Member Champion commended the Oakdale Medical Classification Center for their assistance with the holiday lights downtown. Council Member O'Donnell also complimented Oakdale for the holiday lights and acknowledged the Kappa Alpha Fraternity for leaf raking along City Park. Council Member Vanderhoef noted a Chamber meeting on November 18 dealing with transportation issues; acknowledged the report from the Finance Director and City Manager regarding Federal and State Grant revenues; and noted the success of the downtown free shuttle. Council Member Norton reported on the Smart Growth Program; he and Council Member O'Donnell's first SEATS Advisory Meeting; and discussions with the Interstate Railroad regarding the blocking of the walking path used by students between Greenwood and Melrose. Mayor Lehman reminded Council of the employee luncheon schedule November 18 and wished everyone a Happy Thanksgiving. Moved by Thornberry, seconded by Norton, to adjourn 11:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. lar~i~K. Karr, City Cl"~erk'~' Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 29, 1998 Iowa City City Council, 7:00 p.m. at the Civic Center. Mayor Lehman presid- ing. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Craig, Franklin, Yucuis, Schoon. Council minutes tape recorded on Tape 98-120, both sides. The Mayor noted the special formal meeting scheduled for November 2 at 6:30 p.m. Public discussion was held on the proposed ballot language for a local sales tax and the City Council's policy statement regarding a local sales tax. The following individuals appeared: Jesse Singerman, 1176 Hotz, presented revised ballot lan- guage; George Matheson, 754 Keswick; Alan Swanson, 1100 N. Dubuque St.; Julie Stamper, DTA President, 20 N. George; John Beckord, Area Chamber of Commerce President; Paul Davis; Joyce Summerwill; and Jim Fausett, Coralville Mayor. Individ- ual Council Members expressed their views. After discussion Council requested Council Member Norton follow up with more information on a possible meeting with University Student Senate representatives on November 9 and finalize details at their work session on November 2. The Mayor stated Council would be receiving a memo with suggested meet- ings times for a joint meeting with the County on fringe agreement concerns in their Friday packet, and should come November 2 prepared to discuss that scheduling also. Moved by Norton, seconded by Thornberry, to adjourn 8:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marjan K. Karr, City Clerk Subject to change as finalized the by the City Clerk. For a final official copy, con- tact the City Clerk's office, 356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIE NOVEMBER 2, 1998 Iowa City City Council, special meeting, 6:32 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef (6:35 p.m.). Absent: None. Staffmem- bers present: Atkins, Dilkes, Karr. Council minutes tape recorded on Tapes 98-121, Side 1. Moved by Norton, seconded by Champion, to adjourn into executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed (real estate) is completed; and to discuss strategy with coun- sel 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 gov- ernmental body in that litigation. Affirmative roll call vote unanimous, 6/0, Vander- hoef absent. The Mayor declared the motion carried and adjourned into executive session 6:33 p.m. Council returned to open session 7:33 p.m. Moved by O'Donnell, seconded by Norton, to adjourn the special meeting 7:36 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 3, 1998 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Arkins, Helling, Dilkes, Karr, Franklin, Yucuis, Craig, O'Neil, Schmadeke, Gannon. Council minutes tape recorded on Tape 98-121, Side 2; 98-124, Both Sides. The Mayor presented the Outstanding Student Citizenship Awards to Hoover Elementary: Ben Evans and Allison Smith. The Mayor proclaimed: Bill Sackter Days - November 13 and 14, Keith Ruff accepted; Veteran's Day Observation - November 11, Bud Louis accepted. The Mayor stated polling places were still open and encouraged citizens to vote. Moved by Norton, seconded by Thornberry, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of October 20, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Broadband Telecomm. Comm. - September 28. HCDC - September 17. Bd. of Appeals - August 31. Human Rights Comm. - October 19. Bd. of Library Trustees - September 24. PCRB - October 20. Riverfront & Natural Areas Comm. - September 16. Sr. Center Comm. - September 15. Permit Motions: Class C Beer Permit for Eagle Food Center #157, 600 N. Dodge St. Class B Wine Permit for Eagle Food Center #157, 600 N. Dodge St. Class C Beer Permit for Millermart, Inc., 2303 Muscatine Ave. Refund an unused portion of a Class C Liquor License for Mondo's Sports Caf~, 212 S. Clinton St. Refund an unused portion of a Class C Liquor License for Givanni's, 109 E. College St. Refund an unused portion of a Class C Liquor License for Micky's, 11 S. Dubuque St. Setting Public Hearings: Setting a public discussion for November 17, 1998, to receive public comment regarding an ordinance adopting the 1997 Editions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Code for the Abatement of Dangerous Buildings Code, Uniform Code for Building Conservation and the Uniform Mechanical Code. Setting a public hearing for November 17, 1998, on a resolution approving the winter 1998/99 deer management plan. RES. 98-335, Bk. 119, p. 335, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF 98,400,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98- Council Activities November 3, 1998 Page 2 336, Bk. 119, p. 336, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-337, Bk. 119, p. 337, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $470,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-338, Bk. 119, p. 338, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-339, Bk. 119, p. 339, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-340, Bk. 119, p. 340, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-341, Bk. 119, p. 341, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $330,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-342, Bk. 119, p. 342, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-343, Bk. 119, p. 343, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,200,000 WATER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-344, Bk. 119, p. 344, FIXING DATE of November 17, 1998, FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $10,000,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions, Bk. 119: RES. 98-345, p. 345, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT AND A DRAINAGE EASEMENT AGREEMENT FOR DEVELOPMENT ON AUDITOR'S PARCEL #98068, LOCATED ON SHIRKEN DRIVE, IOWA CITY, IOWA. RES. 98-346, Bk. 119, p. 346, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JUDITH COOPERoSKORTON FOR Council Activities November 3, 1998 Page 3 TEMPORARY USE OF PUBLIC RIGHTS-OF-WAY FOR A PORTION OF WILLIS DRIVE AND BELDON AVENUE IN IOWA CITY, IOWA. Correspondence: Goosetown Traffic Calming Committee regarding traffic calming. Cathy Weingeist (DTA) regarding contribution. JCCOG Traffic Engineering Planner regarding: No Parking between Signs on Woodside Drive Near Intersection with Oakcrest Street; Traffic Control Installation in Wetherby Neighborhood. Civil Service Commission submitting certified lists of applicants for the following position(s): Human Rights Investigator; Maintenance Worker I - Streets; Maintenance Worker II - Streets; Maintenance Worker III - Streets; Treatment Plant Operator. Nick King regarding water feature. George & Kathryn Gay regarding deer problem. James Martin regarding traffic calming in Goosetown. Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mary Kathryn Wallace, Senior Center Commissioner, updated Council on activities at the Center and noted the Veterans Day celebration planned for Friday, November 6 and the Holiday Bazaar December 5. A public hearing was held on an ordinance changing the zoning designation of approximately 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing Overlay (OPDH-5), to allow 36 dwelling units, for property located at Wellington Drive and Village Road. (Village Green Part 16/Wellington Condominiums). No one appeared. A public hearing was held on a resolution approving the annexation of a 4.45 acre tract, occupied by the Court Street right-of-way, for property located at the east terminus of Court Street. No one appeared. A public hearing was held on an ordinance changing the zoning designation of a 4.45 acre tract from Suburban Residential (County RS), to Low Density Single- Family Residential (RS-5) and Public (P) for property located at the east terminus of Court Street. No one appeared. Moved by Vanderhoef, seconded by Thornberry, to continue to November 17, a public hearing on a resolution approving the annexation of a 19.81 acre tract located at the southeast corner of Scott Boulevard and American Legion Road (Silvercrest). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Thornberry, to continue to November 17, a public hearing on an ordinance changing the zoning designation of 21.53 acres from Low Density Single Family Residential (RS-5), County A1, Rural, and County CH, Highway Commercial, to Planned Development Housing Overlay (OPDH-12), located at the southeast corner of Scott Boulevard and American Legion Road (Silvercrest). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Norton, that the ordinance vacating the Madison Street right-of-way south of Prentiss Street, the Des Moines Street right- Council Activities November 3, 1998 Page 4 of-way west of Capitol Street and the 20-foot wide alley south of Prentiss Street and west of Capitol Street (University of Iowa), be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by O'Donnell, to adopt ORD. 98-3854, Bk. 41, p. 34, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONSN OF 21.8 ACRES OF LAND LOCATED WITHIN THE SUMMIT STREET HISTORIC DISTRICT FROM RS-8, MEDIUM DENSITYN SINGLE-FAMILY RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL. Affirmative roll call vote unanimous, 6/0, Champion abstaining. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Thornberry, to defer indefinitely a resolution approving the preliminary plat of Country Club Estates First Addition. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-347, Bk. 119, p. 347, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF PRAIRIE MEADOW, PART 2, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public discussion was held on the proposed ballot language and policy statement regarding the imposition of a local sales tax. The following individuals appeared: Tom Gelman; Shirley Wyrick, 132 Potomac Dr.; Jesse Singerman, Library Board of Trustees; and Lisa Parker, 518 Ronalds St. Moved by Thornberry, seconded by Kubby, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Pet Animal Control," of the City Code to provide new definitions for Circuses and Rodeos, and to allow certain prohibited animals within the city as part of a circus, be given first vote for consideration. Individual Council Members expressed their views. The Mayor declared the motion defeated, 1/6, on first consideration of the ordinance with the following division of roll call vote: Ayes: Kubby. Nays: Vanderhoef, Champion, Lehman, Norton, O'Donnell, Thornberry. Absent: None. Moved by Thornberry, seconded by Vanderhoef, to accept correspondence from: Tom Frost; Carol Grommon; Eric Brown; Gary Mead, Tri-State Rodeo; Bobble Hinds (for related correspondence see next item). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by O'Donnell, to defer indefinitely a resolution adopting permit rules and regulations for Circuses and Rodeos. The Mayor declared the motion carried unanimously, 7/0, all Council present. Moved by Thornberry, seconded by O'Donnell, to accept correspondence from: Cindy Schonholtz, Professional Rodeo Cowboys Association; Joan Galvin, Feld Entertainment, Inc.; Bonnie Korkow, State Delegate for Miss Rodeo Iowa; Terri Greer, Animal Welfare Council; Sheila Lehrke, International Professional Rodeo Council Activities November 3, 1998 Page 5 Association. (for related correspondence see previous item). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by O'Donnell, that the ordinance amending the City Code of the City of Iowa City, Iowa, by amending Section 8-5-5, entitled "Keeping Disorderly House," to provide for police initiated complaints and .to provide for police authority to restore order and disperse persons from violating premises, be given first vote for consideration. Moved by Kubby, seconded by Champion, to amend the ordinance by deleting the last sentence of Section A of the ordinance as follows: For the purposes of this section, "to the disturbance of the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of persons upon public places, including peace officers. Individual Council Members expressed their views. The Mayor declared the amended defeated, 1/6, the following division of voice vote: Ayes: Kubby. Nays: Champion, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Moved by Kubby, to amend the ordinance by deleting the following language in Section B: "...up to and including ordering the dispersal of person(s) from the subject premises". The Mayor declared the motion failed for lack of a second. After discussion, the Mayor declared the motion on first consideration carried, 6/1, with the following division of roll call vote: Ayes: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Lehman. Nays: Kubby. Absent: None. Council noted they would be meeting with University of Iowa students on November 9th to hear comments on the proposed ordinance. Moved by Norton, seconded by Thornberry, to accept correspondence from: Dale Arlo Yocum; Lowell Brandt; Julie Phye, Stepping Up Project; Richard Twohy. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council recessed from 8:35 to 8:45. Moved by Thornberry, seconded by O'Donnell, that the ordinance amending Title 8, Chapter 6, Section 1 entitled ''Sale of Cigarettes to Persons Under Eighteen Years of Age" of the City Code to Prohibit the Use or Possession of Tobacco Products or Cigarettes by Persons Under Eighteen Years of Age, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0. all Councfl Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, that the ordinance amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article E entitled "Wastewater Treatment Works Indirect Discharge," Section 4, entitled "Pretreatment Standards," of the City Code to amend plant influent zinc standards, second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members. The Mayor declared the motion carried. Moved by Thornberry, seconded by Norton, to adopt ORD. 98-3855, Bko 41, p. 42, AMENDING TITLE 3, ''CITY FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES" OF THE CITY CODE TO CHANGE VARIOUS FEES FOR SOLID WASTE DISPOSAL. Council Activities November 3, 1998 Page 6 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Thornberry, seconded by Vanderhoef, to adopt ORD. 98-3856, Bk. 41, p. 43, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE H ENTITLED "SOLID WASTE," SUBSECTION 2, ENTITLED "DEFINITIONS" OF THE CITY CODE TO AMEND SEVERAL DEFINITIONS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Norton, seconded by Kubby, to adopt RES. 98-348, Bk. 119, p. 348, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF WATER MAIN PHASE 4, EMERALD STREET TO THE PENINSULA PROJECT to Langman Construction for $1,210,687.22. PW Director Schmadeke 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 Thornberry, to adopt RES. 98-349, Bk. 119, p. 349, AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE RECONSTRUCTION PROJECT [BRM 3715(13) -- 8N -52]. Asst. City Engr. Gannon 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. 98-350, Bk. 119, p. 350, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCY IOWA CITY TO USE A PORTION OF THE JOHNSON STREET RIGHT-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC CABLE. 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. 98-351, Bk. 119, p. 351, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH IOWA STATE BANK & TRUST CO., FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-352, Bk. 119, p. 352, AUTHORIZING FUNDING FOR THE AIRPORT COMMISSION TO PROCEED WITH CONSTRUTION OF A 120' BY 140' AIRCRAFT HANGAR BUILDING, INCLUDING 20' BY 60' OFFICE AREA, AT THE IOWA CITY MUNICIPAL AIRPORT to Wendler Engineering and Construction for $681,000. Airport Mgr. O'Neil present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Thornberry, Vanderhoef, Champion, Lehman, Norton, O'Donnell. Nays; Kubby. Absent: None. Council Activities November 3, 1998 Page 7 Moved by Norton, seconded by Thornberry, to adopt RES. 98-353, Bk. 119, p. 353, TO AMEND THE INVESTMENT POLICY FOR THE CITY OF IOWA CITY. 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. 98ol 54, Bk. 119, p. 154, AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Norton, to make the following appointments: Bd. of Adjustment - re-advertise the vacancy to fill a five-year term ending January 1, 2004; Bd. of Appeals - re-appoint Anna Buss, P.O. Box 2807, and re-advertise the vacancy for a mechanical professional to fill a five-year term ending December 31, 2003; Human Rights Comm. - appoint Mary Larew, 1253 Dolan Place and Janice Simmons-Weiburn, 712 Wheaton, to fill three-year terms ending January 1, 2002 and noted Jane Holland had withdrawn her application so the third vacancy will be discussed on November 17; P&R Comm. - re-appoint Judith Klink, 1101 Harlocke, and Rex Pruess, 1013 Pheasant Valley, and appoint Craig Gustaveson, 2603 E. Court St., to fill four-year terms ending January 1, 2003; P&Z Comm. - appoint Marilyn Schintler, 2310 Cae Dr., to fill an unexpired term ending May 1, 2002; Public Art Advisory Comm. - appoint Deborah Galbraith, 1342 Oxford Place, to fill a three-year term ending January 1, 2002; Riverfront & Natural Areas Comm. - appoint Jeff Gillitzer, 911 Highland Ave. to a three-year term ending December 31, 2001 and re-advertise the other vacancy; Sr. Center Comm. - appoint Jay Honohan, 2503 Friendship, and William Kelly, 1108 Sunset, to fill three-year terms ending December 31, 2001. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Norton questioned the scheduling Police Citizens Review Board (PCRB) issues. The City Arty. stated she would have recommendation concerning the standard operating procedures ready for the next agenda. Council Member Vanderhoef encouraged citizens to apply for the next Citizens Police academy starting in February and running through April; reminded everyone of the meeting with students concerning the proposed amendments to the disorderly house ordinance on November 9, and the transit study meeting on November 4. ~ Council Member Thornberry reported on the C-Span Tube bus that had visited the City last week, and thanked TCI for aiding in that visit. In response to Council Member O'Donnell, the Mayor announced the ribbon cutting for the new WooIf Avenue Bridge would be 4:00 PM on November 18. O'Donnell noted that the new downtown benches were taking a beating from skateboarders and staff was researching solutions and would report back. He also thanked everyone who voted on election day. Council Activities November 3, 1998 Page 8 Council Member Champion encouraged people to attend the transit study meeting on November 4. Council Member Kubby invited people to attend a "Thousand Friends of Iowa" lecture on responsible land use on November 11; asked Council to not meet on election day/night; asked for a final report on the TCI rebuild; and asked citizens to rake their leaves to the curb but not over the curb into the streets and storm drains. Council Member Thornberry thanked everyone involved in the election process. Mayor Lehman stated a majority of Council are interested in scheduling discussion of Kirkwood Avenue traffic signals at a future work session; stated the County was unable to attend the November 16 work session for fringe agreement issues and stated that meeting has been rescheduled for December 7 at 4:30 p.m.; and asked Council Members to start thinking about setting aside time for special work sessions on the budget after the first of the year. The City Mgr. reminded Council of the employee luncheon scheduled November 19, and that city employees would be participating in helping rake leaves for citizens who cannot do it themselves on November 6 and 7. City Clerk Karr reported on the Census address review currently being done by the City in preparation for Census 2000. Moved by Thornberry, seconded by O'Donnell, to adjourn 9:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5043. I11 -'17-98 4a The cost of publishing the following proceed- ings and claims is mulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 10/29/98 Iowa City City Council, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. The Mayor noted the special formal meeting scheduled November 2 at 6:30 p.m. Public discussion was held on the pro- posed ballot language for a local sales tax and the City Council's policy statement regarding a local sales tax. The following individuals ap- peared: Jesse Singerman, 1176 Hotz, pre- sented revised ballot language; George Mathe- son, 754 Keswick; Alan Swanson, 1100 N. Dubuque St.; Julie Stareper, DTA President, 20 N. George; John Beckord, Area Chamber of Commerce President; Paul Davis; Joyce Sum- merwill; and Jim Fausett, Coralville Mayor. Moved and seconded to adjourn 8:15 p.m. The Mayor declared the motion carried. A more complete description is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr,, City Clerk ~~wv) Submitted~~tion~'- 11/5/98 Subject to change as finalized the 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 ~ Cumulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 11/2/98 Iowa City City Council, special meet- ing, 6:32 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef (6:35 p.m.). Absent: None. Moved and seconded to adjourn into executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed (real estate) is completed; and to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 7:36 p.m. The Mayor de- clared the motion carried. A more complete description of Coun- cil activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 11/03/98 Iowa City City Council, regular meeting, 7:00 p.m, at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. The Mayor presented the Outstanding Student Citizenship Awards to Hoover Elementary: Ben Evans and Allison Smith. The Mayor proclaimed: Bill Sackter Days - November 13 and 14, Keith Ruff accepted; Veteran's Day Observation - November 11, Bud Louis accepted. 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 regular meeting of October 20, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Broadband Telecomm. Comm. - September 28. HCDC - September 17. Bd. of Appeals - August 31. Human Rights Comm. - October 19. Bd. of Library Trustees - September 24. PCRB - October 20. Riverfront & Natural Areas Cornre. - September 16. Sr. Center Comm. - September 15. Permit Motions: Class C Beer Permit for Eagle Food Center//157, 600 N. Dodge St. Class B Wine Permit for Eagle Food Center//157, 600 N. Dodge St. Class C Beer Permit for Millermart, Inc., 2303 Muscatine Ave. Refund an unused portion of a Class C Liquor License for Mondo's Sports Caf~, 212 S. Clinton St. Refund an unused portion of a Class C Liquor License for Givanni's, 109 E. College St. Refund an unused portion Official Actions November 3, 1998 Page 2 of- a Class C Liquor License for Micky's, 11 S. Dubuque St. Setting Public Hearings: Setting a public discussion for November 17, to receive public comment regarding an ordinance adopting the 1997 Editions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Code for the Abatement of Dangerous BUildings Code, Uniform Code for Building Conservation and the Uniform Mechanical Code. Setting a public hearing for November 17, on a resolution approving the winter 1998/99 deer management plan. RES. 98-335, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF 98,400,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-336, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED 9700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-337, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED 9470,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-338, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED 9700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-339, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED 9700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL Official Actions November 3, 1998 Page 3 CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-340, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED 8700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-341, FIXING DATE: FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED 8330,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-342, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-343, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF 89,200,000 WATER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 98-344, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF 810,000,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions: RES. 98-345, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT AND A DRAINAGE EASEMENT AGREEMENT FOR DEVELOPMENT ON AUDITOR'S PARCEL #98068, LOCATED ON SHIRKEN DRIVE, IOWA CITY, IOWA. RES. 98-346, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JUDITH COOPER-SKORTON FOR TEMPORARY USE OF PUBLIC Official Actions November 3, 1998 Page 4 RIGHTS-OF-WAY FOR A PORTION OF WILLIS DRIVE AND BELDON AVENUE IN IOWA CITY, IOWA. Correspondence: Goosetown Traffic Calming Committee regarding traffic calming. Cathy Weingeist (DTA) regarding contribution. JCCOG Traffic Engineering Planner regarding: No Parking between Signs on Woodside Drive Near Intersection with Oakcrest Street; Traffic Control Installation in Wetherby Neighborhood. Civil Service Commission submitting certified lists of applicants for the following position(s): Human Rights Investigator; Maintenance Worker I - Streets; Maintenance Worker II - Streets; Maintenance Worker III - Streets; Treatment Plant Operator. Nick King regarding water feature. George & Kathryn Gay regarding deer problem. James Martin regarding traffic calming in Goosetown. The Mayor declared the motion carried. Mary Kathryn Wallace, Senior Center Commissioner, updated Council on activities at the Center and noted the Veterans Day celebration planned for Friday, November 6 and the Holiday Bazaar December 5. A public hearing was held on an ordinance changing the zoning designation of approximately 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing Overlay (OPDH-5), to allow 36 dwelling units, for property located at Wellington Drive and Village Road. A public hearing was held on a resolution approving the annexation of a 4.45 acre tract, occupied by the Court Street right- of-way, for property located at the east terminus of Court Street. A public hearing was held on an ordinance changing the zoning designation of a 4.45 acre tract from Suburban Residential (County RS), to Low Density Single-Family Residential (RS-5) and Public (P) for property located at the east terminus of Court Street. Moved and seconded to continue to November 17, a public hearing on a resolution approving the annexation of a 19.81 acre tract located at the southeast corner of Scott Official Actions November 3, 1998 Page 5 Boulevard and American Legion Road The Mayor declared the motion carried. Moved and seconded to continue to November 17, a public hearing on an ordinance changing the zoning designation of 21.53 acres from Low Density Single Family Residential (RS-5), County A1, Rural, and County CH, Highway Commercial, to Planned Development Housing Overlay (OPDH-12), located at the southeast corner of Scott Boulevard and American Legion Road. The Mayor declared the motion carried. Moved and seconded that the ordinance vacating the Madison Street right- of-way south of Prentiss Street, the Des Moines Street right-of-way west of Capitol Street and the 20-foot wide alley south of Prentiss Street and west of Capitol Street, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 98-3854, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONSN OF 21.8 ACRES OF LAND LOCATED WITHIN THE SUMMIT STREET HISTORIC DISTRICT FROM RS-8, MEDIUM DENSITYN SINGLE-FAMILY RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL. Moved and seconded to defer indefinitely a resolution approving the preliminary plat of Country Club Estates First Addition. The Mayor declared the motion carried. Moved and seconded to adopt RES. 98-347, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF PRAIRIE MEADOW, PART 2, JOHNSON COUNTY, IOWA. A public discussion was held on the proposed ballot language and policy statement regarding the imposition of a local sales tax. The following individuals appeared: Tom Gelman; Shirley Wyrick, 132 Potomac Dr.; Jesse Singerman, Library Board of Trustees; and Lisa Parker, 518 Ronalds St. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Pet Animal Control," of the City Code to provide new definitions for Circuses and Rodeos, and to allow certain prohibited animals within the city as part of a circus, be given first vote for Official Actions November 3, 1998 Page 6 consideration. The Mayor declared the motion defeated. Moved and seconded by Vanderhoef, to accept correspondence from: Tom Frost; Carol Grommon; Eric Brown; Gary Mead, Tri-State Rodeo; Bobbie Hinds. The Mayor declared the motion carried. Moved and seconded to defer indefinitely a resolution adopting permit rules and regulations for Circuses and Rodeos. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Cindy Schonholtz, Professional Rodeo Cowboys Association; Joan Galvin, Feld Entertainment, Inc.; Bonnie Korkow, State Delegate for Miss Rodeo Iowa; Terri Greer, Animal Welfare Council; Sheila Lehrke, International Professional Rodeo Association. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the City Code of the City of Iowa City, Iowa, by amending Section 8-5- 5, entitled "Keeping Disorderly House," to provide for police initiated complaints and to provide for police authority to restore order and disperse persons from violating premises, be given first vote for consideration. Moved and seconded to amend the ordinance by deleting the last sentence of Section A of the ordinance as follows: For the purposes of this section, "to the disturbance of the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of persons upon public places, including peace officers. The Mayor declared the amendment defeated. Moved and seconded to amend the ordinance by deleting the following language in Section B: "up to and including ordering the dispersal of person(s) from the subject premises". The Mayor declared the motion failed for lack of a second. After discussion, the Mayor declared the motion on first consideration carried. Moved and seconded to accept correspondence from: Dale Arlo Yocum; Lowell Brandt; Julie Phye, Stepping Up Project; Richard Twohy. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 8, Chapter 6, Section 1 entitled "Sale of Cigarettes to Persons Under Eighteen Years of Age" of the City Code to Prohibit the Use or Possession of Tobacco Products or Cigarettes by Persons Official Actions November 3, 1998 Page 7 Under Eighteen Years of Age, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article E entitled "Wastewater Treatment Works Indirect Discharge," Section 4, entitled "Pretreatment Standards," of the City Code to amend plant influent zinc standards, second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 98-3855, AMENDING TITLE 3, "CITY FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES" OF THE CITY CODE TO CHANGE VARIOUS FEES FOR SOLID WASTE DISPOSAL. Moved and seconded to adopt ORD. 98-3856, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE H ENTITLED "SOLID WASTE," SUBSECTION 2, ENTITLED "DEFINITIONS" OF THE CITY CODE TO AMEND SEVERAL DEFINITIONS. Moved and seconded to adopt RES. 98-348, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF WATER MAIN PHASE 4, EMERALD STREET TO THE PENINSULA PROJECT. Moved and seconded to adopt RES. 98-349, AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE RECONSTRUCTION PROJECT [BRM - 3715(13) -- 8N -52]. Moved and seconded to adopt RES. 98-350, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCY IOWA CITY TO USE A PORTION OF THE JOHNSON STREET RIGHT- OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC CABLE. Moved and seconded to adopt RES. 98-351, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH IOWA STATE BANK & TRUST CO., FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY Official Actions November 3, 1998 Page 8 FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. Moved and seconded to adopt RES. 98-352, AUTHORIZING FUNDING FOR THE AIRPORT COMMISSION TO PROCEED WITH CONSTRUTION OF A 120' BY 140' AIRCRAFT HANGAR BUILDING, INCLUDING 20' BY 60' OFFICE AREA, AT THE IOWA CITY MUNICIPAL AIRPORT. Moved and seconded to adopt RES. 98-353, TO AMEND THE INVESTMENT POLICY FOR THE CITY OF IOWA CITY. Moved and seconded to adopt RES. 98-154, AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. Moved and seconded to make the following appointments: Bd. of Adjustment - re-advertise the vacancy to fill a five-year term ending January 1, 2004; Bd. of Appeals - re-appoint Anna Buss, P.O. Box 2807, and re-advertise the vacancy for a mechanical professional to fill a five-year term ending December 31, 2003; Human Rights Comm. - appoint Mary Larew, 1253 Dolan Place and Janice Simmons-Weiburn, 712 Wheaton, to fill' three-year terms ending January 1, 2002 and noted Jane Holland had withdrawn her application so the third vacancy will be discussed on November 17; P&R Comm. - re-appoint Judith Klink, 1101 Harlocke, and Rex Pruess, 1013 Pheasant Valley, and appoint Craig Gustaveson, 2603 E. Court St., to fill four-year terms ending January 1, 2003; P&Z Comm. - appoint Marilyn Schintler, 2310 Cae Dr., to fill an unexpired term ending May 1, 2002; Public Art Advisory Comm. ~ appoint Deborah Galbraith, 1342 Oxford Place, to fill a three-year term ending January 1, 2002; Riverfront & Natural Areas Comm. - appoint Jeff Gillitzer, 911 Highland Ave. to a three-year term ending December 31, 2001 and re-advertise the other vacancy; Sr. Center Comm. - appoint Jay Honohan, 2503 Friendship, and William Kelly, 1108 Sunset, to fill three-year terms ending December 31, 2001. The Mayor declared the motion carried. Moved and seconded to adjourn 9:20 p.m. The Mayor declared the motion carried. Official Actions November 3, 1998 Page 9 A more complete description of Council Activities is on file in the Office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk