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HomeMy WebLinkAbout1999-07-13 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 13, 1999 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, Fosse, Trueblood, Franklin, Schoon, Yucuis. Council minutes tape recorded on Tapes 99-77, Both Sides. The Mayor announced that no plans and specifications had been filed for agenda items 6 (Riverside Stage in City Park) and 7 (Oakland Cemetery) and the public hearings scheduled for this evening would be re-set for July 27. The Mayor proclaimed City-Wide Food Drive Week - July 19-25, Ron Hall accepted; Plum Grove Day - July 21, Betty Kelly accepted; Persons with Disabilities Day - July 24, Bob Simpson accepted; Steve Atkins Day - 7/12, Steve Atkins accepted. Moved by Thornberry, seconded by Norton, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the special meetings of June 28 and July 6, and the regular meeting of June 29, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. - June 1 O; Human Rights Comm. - May 24, June 21. Refer revised by-laws to the Rules Committee. Permit Motions and Resolutions as Recommended by the City Clerk: Class C Liquor License for Vito's, 118 E. College St. Class C Beer Permit for Drugtown, 310 N. First Ave. Class B Wine Permit for Drugtown, 310 N. First Ave. Class E Liquor License for Drugtown, 310 N. First Ave. Class C Liquor License for Tuck's Place, 210 N. Linn St. Class C Liquor License for Greenroom, 509 S. Gilbert St. RES. 99-228, Bk. 122, p. 228, ISSUE DANCING PERMIT. Motions: approve disbursements in the amount of 91 2,373,266.30 for the period of May 1 through May 31, 1999, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 99-229, Bk. 122, p. 229, SETTING A PUBLIC HEARING for July 27 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY TRANSIT FACILITY METHANE ABATEMENT PROJECT, PHASE I, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 99-230, Bk. 122, p. 230, SETTING A PUBLIC HEARING for July 27 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1999 HIGHWAY TURNLANE IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Complete Description July 13, 1999 Page 2 Resolutions, Bk. 122: RES. 99-231, p. 231, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 215 IOWA AVENUE, IOWA CITY, IOWA. RES. 99-232, p. 232, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 1900-1902 MUSCATINE AVENUE, IOWA CITY, IOWA. RES. 99-233, p. 233, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 711 EAST BLOOMINGTON STREET, IOWA CITY, IOWA. RES. 99-234, p. 234, ESTABLISHING MAXIMUM RENTS FOR PUBLIC HOUSING UNITS OPERATED BY THE IOWA CITY HOUSING AUTHORITY, PUBLIC HOUSING PROGRAM. Correspondence: Gary Werle (Home Builders) regarding appreciation. Susan Pahl regarding domestic partner benefits. Judy Pfohl regarding Willow Creek Trail. Julie Miller Kearney regarding Willow Creek Kiwanis Park Pathways and Access. John and Gretel Beck regarding Walden Woods, Part 6. Steve Bullard regarding sewer back-up and proposed footpath. Ruth Baker regarding transit. Harold Stager (Heritage Area Agency on Aging) regarding skywalk. Luella Funnell (Iowa DOT) regarding proposed improvement of Iowa Hwy 1 meeting. Jim Lenz regarding traffic calming. Civil Service Comm. submitting certified lists of applicants for the following position(s): Construction Inspector I; Housing Inspector - Public Housing; Special Projects Inspector; Special Projects Inspector II. Walter Sparks regarding Willow Creek Trail. The Mayor noted the resolution establishing flat rents based on rental value and stated the resolution was required by HUD and something the City must do to maintain the housing program. Norton remarked the construction of the turning lanes have been long awaited. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Judy Pfohl, 2229 Abbey Lane, presented a petition signed by 31 residents and Rex Pruess, 1013 Pheasant Valley, appeared requesting Council reconsideration of a resolution removing the Burry portion of the Willow Creek Trail widening project. Individual Council Members expressed their views. Moved by Champion, seconded by Kubby, to reconsider the resolution removing the Burry portion from the project. P&R Director Trueblood present for discussion. The Mayor declared the motion to reconsider carried unanimously, 7/0, all Council Members present. The Mayor stated the resolution would be on the July 27 Council agenda. Moved by Thornberry, seconded by Norton, to accept the petition from Ms. Pfohl. The Mayor declared the motion carried unanimously, 7/, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to set a public hearing for July 27 on an ordinance vacating an approximately 7, 720 square foot unimproved portion of Virginia Drive located between Lots 2 and 14 of North Hills Subdivision Complete Description July 13, 1999 Page 3 immediately northeast of the intersection of Virginia Drive and Ridgewood Lane. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending Title 14, Chapter 6, Zoning, by adding a definition of "adult business" and changing separation requirements between adult businesses and other uses. PCD Director Franklin outlined the proposed changes. (Lehman left room for the next item as he serves on the Oaknoll Board of Directors. Mayor Pro tem Thornberry now presiding.) A public hearing was held on an ordinance amending Title 14, Chapter 6, Zoning, to allow off-street parking on a separate lot in a different zone under certain conditions. The following individuals appeared: Ann Romanowski, 1517 Mall Drive, William Knabe, Weeber-Harlocke Neighborhood. PCD Director Franklin present for discussion. Moved by Kubby, seconded by Norton, to continue the public hearing to July 27. The Mayor Pro tem declared the motion unanimously, 6/0, Lehman absent. (Lehman returned to the meeting.) A public hearing was held on an ordinance conditionally changing the zoning designation of approximately .33 of an acre from Medium Density Single-family (RS-8) to Community Commercial (CC-2) to allow expansion of Kennedy Plaza for property located on the west side of Gilbert Court north of Benton Street. Jim Kenyon, Project Manager, appeared. Moved by Thornberry, seconded by O'Donnell, that the ordinance amending Title 14, Chapter 6, Zoning, Article O, Sign Regulations, by changing the requirements regarding the number of freestanding signs on lots with over 300 feet of frontage, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Vanderhoef, that the ordinance vacating a 10-foot wide right-of-way located along the west line of property located at 1033 E. Washington Street, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Thornberry, to adopt ORD. 99-3890, Bk. 42, p. 24, AMENDING TITLE 14, CHAPTER 6, ZONING, ARTICLE E, COMMERCIAL AND BUSINESS ZONES, SECTION 2, NEIGHBORHOOD COMMERCIAL ZONE, AND ARTICLE L, PROVISIONAL USES, SPECIAL EXCEPTIONS, AND TEMPORARY USES, TO ALLOW PHARMACIES TO HAVE A DRIVE-THROUGH FACILITY IN THE NEIGHBORHOOD COMMERCIAL ZONE, AND TO ADOPT LOCATION, DESIGN, AND SIZE CRITERIA FOR DRIVE-THROUGH FACILITIES ASSOCIATED WITH PHARMACIES AND FINANCIAL INSTITUTIONS IN THE NEIGHBORHOOD COMMERCIAL ZONE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Thornberry, to adopt RES. 99-235, Bk. 122, p. 235, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF MILDER MEADOWS, A RESUBDIVISION OF LOT 1 OF MILDER'S SUBDIVISION AND AUDITOR'S PARCEL B IN THE WEST 1/2 OF SECTION 17-T79N-R5W OF Complete Description July 13, 1999 Page 4 THE 5TH P.M., JOHNSON COUNTY, IOWA, A 47.69 ACRE, THREE-LOT RESDIENTIAL SUBDIVISION WITH ONE AGRICULTURAL OUTLOT LOCATED O THE NORTH SIDE OF AMERICAN LEGION ROAD ONE-HALF MILE EAST OF TAFT AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted A public hearing was held on plans, specifications, form of contract for the Riverside Festival Stage in City Park. The Mayor noted plans and specs were not available for public review; therefore, the public hearing must be opened, closed, and reset. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-236, Bk. 122, p. 236, SETTING A PUBLIC HEARING for July 27 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN CITY PARK PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FORPUBLIC INSPECTION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract and estimate of cost for construction of the Oakland Cemetery Phase One Expansion. The Mayor noted plans and specs were not available for public review; therefore, the public hearing must be opened, closed, and reset. Moved by Norton, seconded by Thornberry, to adopt RES. 99-237, Bk. 122, p. 237, SETTING PUBLIC HEARING for July 27 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE OAKLAND CEMETERY PHASE ONE EXPANSION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for construction of the 1999 Sanitary Sewer Rehabilitation Project. No one appeared. Moved by Kubby, seconded by Thornberry, to adopt RES. 99-238, Bk. 122, p. 238, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND E;TIMATE OF COgT FOR CONgTRUCTION OF THE 1999 SANITARY SEWER REHABILITATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, that the ordinance amending the license renewal provisions of the plumbing code and the electrical code to provide a hardship exception to the renewal deadlines, 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 Norton, seconded by Vanderhoef, to adopt ORD. 99-3891, Bk. 42, p. 25, AMENDING CITY CODE TITLE 8, CHAPTER 8, ENTITLED "POLICE CITIZENS' REVIEW BOARD," SECTION 7, ENTITLED "DUTIES OF THE BOARD; Complete Description July 13, 1999 Page 5 COMPLAINT REVIEW AND GENERAL DUTIES," REGARDING THE IDENTIFICATION OF COMPLAINANT(S) AND/OR POLICE OFFICER(S) IN THE BOARD'S PUBLIC REPORT OF A SUSTAINED COMPLAINT TO THE CITY COUNCIL. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes; Norton, Thornberry, Vanderhoef, Champion, Kubby, Lehman. Nays: O'Donnell. Absent: None. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 99-239, Bk. 122, p. 239, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXCUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND BRIAN CLARK AND ASSOCIATES OF DES MOINES, TO PROVIDE CONSULTANT SERVICES FOR THE DESIGN OF THE IOWA AVENUE STREETSCAPE PROJECT. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 99-240, Bk. 122, p. 240, 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 TERRACON OF CEDAR RAPIDS, IOWA TO PROVIDE TESTING SERVICES DURING CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. 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. Moved by Kubby, seconded by Norton, to adopt RES. 99-241, Bk. 122, p. 241, AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, MORMON TREK BOULEVARD TO WILLOW CREEK DRIVE. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Champion, Kubby, Lehman, Norton, O'Donnell. Nays: Thornberry. Absent: None. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-242, Bk. 122, p. 242, DETERMINING NECESSITY AND SETTING A PUBLIC HEARING FOR AUGUST 24 ON A PROPOSED CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN FOR A PROPOSED URI~AN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. Individual Council Members expressed their views. 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. 99-243, Bk. 122, p. 243, APPROVING A NEW JOB AND INCOME PROGRAM (NJIP) AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, AND NATIONAL COMPUTER SYSTEMS TO ASSSIST WITH A FACILITY EXPANSION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 99-244, Bk. 122, p. 244, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JAMES W. AND ANNA M. BARKER FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF PARK ROAD IN Complete Description July 13, 1999 Page 6 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 Norton, to adopt RES. 99-245, Bk. 122, p. 245, DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS. 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. 99-246, Bk. 122, p. 246, AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO HOLIDAY WRECKER SERVICE, INC. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Thornberry, to accept correspondence from Matt & Kris Leonard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-247, Bk. 122, p. 247, ON UNCLASSIFIES SALARIES AND COMPENSATION FOR FISCAL YEAR 1999 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK, (City Manager - 98015.20 pension plan payment and 9117.000 salary, City Attorney - 978,811.20, and City Clerk-959,009.60). Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously-announced vacancies: Housing & Community Development Cornre. - three vacancies to fill three-year terms ending September 1, 2002; PCRB - one vacancy to fill a four-year term ending September 1, 2003; Riverfront & Natural Areas Comm. - one vacancy to fill an unexpired term ending September 1, 2000. These appointments will be made at the July 27 Council meeting. Public Art Advisory Comm. - one vacancy to fill an unexpired term plus a full term ending January 1, 2003. This appointment will be made at the August 24 Council meeting. Council Member O'Donnell acknowledged the 4th Of July festivities of Iowa City and Coralville and encouraged both cities to work together in scheduling of events so all citizens can enjoy both city's entertainment. O'Donnell noted the participation of Iowa City athletes in the Special Olympics and medal winners as follows: Softball - Jeff Farless, Chuck Nylin, and Chris Subbert; Aquatics - Tanna Rowe; Power lifting - Aaron Gillespie; Bowling - Rachael Villhauer; and thank you for efforts made by John Meskimen, Rob Wagner, Tom Dickerson. Council Member Kubby asked staff to follow-up on a temporary asphalt repair needing attention on Muscatine near Dearborn; outlined activities planned on July 24 for the ADA celebration; reminded citizens of the Johnson County Fair July 26-29; and stated she would not be available during office hours the week of July 15. Council Member Thornberry pointed out the new City Deer Line (356-5015) to receive comments, compliments, or concerns regarding deer. The Mayor noted that Mayor Pro tern Thornberry would be representing the City at the ADA Complete Description July 13, 1999 Page 7 celebration on the 24th. Norton stated a number of Council Members would be in the parade. Council Member Vanderhoef noted the hiring of a construction inspector and special projects inspector in the City Public Works/Engineering department and questioned qualifications for the positions. City Engr. Fosse outlined backgrounds of the individuals hired for the positions. Council Member Thornberry questioned the status of signals at the ACT intersection on North Dodge and when the pavement would be complete. City Engr. Fosse stated the remaining paving would be complete in a month and a half. Council Member Vanderhoef noted nominations were being received for the Human Rights Award to be presented at the Human Rights Commission breakfast in October; reported on discussion with the Legislative Committee of the League exploring other options for publishing minutes and official notices in newspapers; stated she would be sending an article in next Friday's council packet regarding electric deregulation. Council Member Norton reported on his attendance at a County trails meeting the previous week and the excitement surrounding a regional trials; noted an emergency drill coming out on July 22 and encouraged Council to attend; and expressed his desire to have the City park rides maintained at City Park. Council Member O'Donnell stated the chicanes have been removed from Highland Avenue and stated his commitment to the neighborhood to try and slow traffic down. Norton reported that he had received similar comments regarding traffic on Court Street. Vanderhoef added Burns Street as a concern also. Kubby suggested utilization of the digital speed screen in neighborhoods. Mayor Lehman stated work had began on Benton Street and reported that the a manual control had been installed on the tennis court lights at City High allowing the light to be turned off before 10:00, noting the lights will automatically go off at 10:O0. Moved by Kubby, seconded by O'Donnell, to adjourn the meeting 8:32 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. .. -I W. Lehman, Mayor Mad'an K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5043. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 6/29/99 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. Moved and seconded to adopt the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the special meeting of June 14, and the regular meeting of June 15, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Civil Service Comm. - June 23 Accept the certified list for the position of Police Sergeant. Housing & Community Development Comm. - May 20. Airport Comm. - May 13. Bd. of Appeals - March 1. Library Bd. of Trustees - May 27. Telecommunications Comm. - May 24. P&Z Comm. - June 3; June 17. Public Art Advisory Comm. - June 3. Riverfront & Natural Areas Comm. - April 21. Sr. Center Comm. - May 25. Permit Motions: Class C Liquor License for Memories, 928 Maiden Lane. Class E Liquor License for Hartig Drug Company #10, 701 Mormon trek Blvd. Class B Wine Permit for Hartig Drug Company #10, 701 Mormon Trek Blvd. Class C Beer Permit for Hartig Drug Company #10, 701 Mormon Trek BIvd. Class C Beer Permit for Gasby's East, 2303 Muscatine Ave. Class B Wine Permit for Fareway Stores Inc., 2530 Westwinds Dr. Class C Liquor License for Caf~ Bella, 325 E. Washington St. Outdoor Service Area for Caf~ Bella, 325 E. Washington St. RES. 99-203, ISSUE CIGARETTE PERMITS. RES. 99-204, ISSUE DANCING PERMIT. Setting Public Hearings: RES. 99-205, SETTING A PUBLIC HEARING Official Council Actions June 29, 1999 Page 2 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN CITY PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 99-206, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE OAKLAND CEMETERY PHASE I EXPANSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE PARKS AND RECREATION DIRECTOR TQ PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 99-207, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1999 SANITARY SEWER REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 99-208, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT- OF-WAY BETWEEN THE CITY OF IOWA CITY, AND LITTLE DONKEY'S, INC. FOR A SIDEWALK CAF~. RES. 99-209, APPROVING A LETTER OF CQMMITTMENT REGARDING THE USE OF ClAP FUNDS FOR NEW HOUSING AUTHORITY OFFICE SPACE. RES. 99-210, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF CERTAIN DESCRIBED EASEMENTS LOCATED WITHIN THE W.B. DEVELOPMENT SUBDIVISION, AND TO APPROVE AND EXECUTE A SUBSTITUTED ACCESS EASEMENT, SANITARY SEWER EASEMENT, STORM SEWER AND DRAINAGE EASEMENT, OVERLAND FLOW ROUTE EASEMENT, AND SEWER Official Council Actions June 29,1999 Page 3 ALLOCATION AND PARKING COVENANTS TO FACILITATE FURTHER DEVELOPMENT ON LOT 1 OF THE RESUBDIVISION OF OUTLOT A, W.B. DEVELOPMENT. Correspondence: Jonathan Jordahl (JC Board of Supervisors) regarding local workshop for the discussion of trails location/development. The "Backyard Habitat Fair" Committee regarding appreciation. Patricia Zander-Hubing regarding Highland Avenue and bike path. Archie Greene regarding Iowa Arts Fest. Janie Yates-Glandorf regarding skywalk. Harold Stager regarding skywalk. Diane Stamp regarding skywalk. Civil Service Cornre. submitting certified lists of applicants for the following position(s): Personnel Generalist; Special Projects Manager; Parking Cashier; Mass Transit Operator; Police Sergeant. The Mayor declared the motion carried and repeated the public hearings as set. A public hearing was held on the proposed route changes for Iowa City Transit. Irene E. Murphy, 1205 Laura Drive, appeared. Moved and seconded to approve the route changes as presented for Iowa City Transit. The Mayor declared the motion carried. Senior Center Commissioner Jay Honohan updated Council on activities at the Center. Jim Barker requested an exception be granted for a fence partially completed on his property. Ruth Baker and Rita Maniodus appeared regarding future needs for the City Transit System. Moved and seconded to set a public hearing for July 13 on an ordinance amending Title 14, Chapter 6, Zoning, by adding a definition of "adult business" and changing separation requirements between adult businesses and other uses. The Mayor declared the motion carried. Moved and seconded to set a public hearing for July 13 on an ordinance amending Title 14, Chapter 6, Zoning, to allow off- street parking on a separate lot in a different zone under certain conditions. The Mayor declared the motion carried. Moved and seconded to set a public hearing for July 13 on an ordinance conditionally changing the zoning designation Official Council Actions June 29, 1999 Page 4 of approximately .33 of an acre from Medium Density Single-family (RS-8) to Community Commercial (CC-2) for property located on the west side of Gilbert Court north of Benton Street. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally changing the zoning designation of approximately 7.46 acres from Medium Density Single-Family Residential (RS- 8) to Planned Development Housing Overlay (OPDH-8) and the approval of a preliminary OPDH Plan for 72 residential dwelling units within the Windsor Ridge subdivision located at the east terminus of Court Street. Moved and seconded to defer indefinitely an ordinance conditionally changing the zoning designation of approximately 7.46 acres from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8) and the approval of a preliminary OPDH Plan for 72 residential dwelling units within the Windsor Ridge subdivision located at the east terminus of Court Street. The Mayor declared the motion carried. A public hearing was held on a resolution adopting and incorporating the Northeast District Plan into the Iowa City Comprehensive Plan. Moved and seconded to adopt RES. 99-211, ADOPTING AND INCORPORATING THE NORTHEAST DISTRICT PLAN INTO THE IOWA CITY COMPREHENSIVE PLAN. Moved and seconded that the rule requiring ordinance to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived, and that the ordinance amending Title 14, Chapter 6, Zoning, Article E, Commercial and Business Zones, Section 2, Neighborhood Commercial Zone, and Article L, Provisional Uses, Special Exceptions, and Temporary Uses, to allow pharmacies to have a drive-through facility in the Neighborhood Commercial (CN-1) zone, and to adopt location, design, and size criteria for drive-through facilities associated with pharmacies and financial institutions in the CN-1 zone, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance be voted on for second consideration at this time. Moved and seconded to accept correspondence from Official Council Actions June 29, 1999 Page 5 David Bailie, Hy-Vee, Inc. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, Chapter 6, Zoning, Article O, Sign Regulations, by changing the requirements regarding the number of freestanding signs on lots with over 300 feet of frontage, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance vacating a l O-foot wide right-of- way located along the west line of property located at 1033 E. Washington Street, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 99-3888, AMENDING CITY CODE SECTION 14-6, "ZONING CHAPTER," CONCERNING DEFINITIONS AND PARKING REQUIREMENTS FOR CARRYOUT, DELIVERY, AND DRIVE- THROUGH RESTAURANTS. Moved and seconded to adopt RES. 99-212, APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES, FIRST ADDITION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 99-213, APPROVE THE EXTRATERRITORIAL PRELIMINARY PLAT OF CRESTVIEW THIRD ADDITION, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 99~214, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF CRESTVIEW THIRD ADDITION, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 99-215, APPROVING FINAL PLAT OF SILVERCREST RESIDENTISAL COMMUNITY, IOWA CITY, IOWA. A public hearing was held on plans and specifications for the construction of the Willow Creek Trail Phase II Improvement project. The following individuals appeared: Tom Muller, 1350 Burry Drive and Terry Dahms, FIRST. Moved and seconded to accept correspondence from Judy Pfohl; Rex Pruess; and Fred Dunner. The Mayor declared the motion carried. Moved and seconded to adopt RES. 99-216, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL PHASE II IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING Official Council Actions June 29, 1999 Page 6 CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PALCE FOR RECEIPT OF BIDS. Moved and seconded to remove and defer for at least one year, or until repairs are necessary, the section of the trail between the Muller and Dunner houses which is four foot wide and extends down to a three foot asphalt trail. The Mayor declared the motion to amend carried. The Mayor declared the resolution adopted. A public hearing was held on plans and specs for the Iowa City Senior Center Fire Sprinkler Installation and Ceiling Replacement Project. Moved and seconded to adopt RES. 99-217, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY SENIOR CENTER FIRE SPRINKLER INSTALLATION AND CEILING REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded that the 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. 99-3889, AMENDING TITLE 14 ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 1 ENTITLED "STREETS, SIDEWALKS, AND PUBLIC RIGHT-OF-WAY GENERALLY," ARTICLE E ENTITLED "SIGNS IN PUBLIC PLACES," SECTION 4 ENTITLED "EXCEPTIONS" OF THE CITY CODE TO AMEND SIGNS IN PUBLIC PLACES, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded that the ordinance amending City Code Title 8, Chapter 8, entitled "Police Citizens' Review Board," Section 7, entitled "Duties of the Board; Complaint Review and General Duties," regarding the identification of complainant(s) and/or police officer(s) in the board's public report of a sustained complaint to the City Council, be given second vote for consideration. The Mayor declared the motion carried. Official Council Actions June 29,1999 Page 7 Moved and seconded to adopt RES. 99-218, APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND ECUMENICAL HOUSING CORPORATION CONCERNING ACQUISITION OF ECUMENICAL TOWERS' PARKING AREA AS REQUIRED FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY AND PROVIDING ECUMENICAL TOWERS WITH REPLACEMENT PARKING, ON BOTH A TEMPORARY AND PERMANENT BASIS. The Mayor declared the motion carried. Moved and seconded to adopt RES. 99-219, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. Moved and seconded to adopt RES. 99-220, 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 NEUMANN MONSON PC OF IOWA CITY, IOWA TO PROVIDE ON-SITE OBSERVATION SERVICES DURING CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. Moved and seconded to adopt RES. 99-221, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON P.C. OF IOWA CITY, IOWA FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE IOWA AVENUE MULTI-USE PARKING FACILITY. Moved and seconded to adopt RES. 99-222, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXCUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE MORMON TREK BOULEVARD IMPROVEMENTS. Moved and seconded to adopt a resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Iowa City Transit Facility Methane Abatement Project. The Mayor declared the resolution defeated. Official Council Actions June 29, 1999 Page 8 Moved and seconded to adopt RES. 99-223, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH MICHAEL So, CHRISTINE M., MONICA B., AND MARC B. MOEN FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. Moved and seconded to adopt RES. 99-224, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH RINELLA BUILDING PARTNERSHIP FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF DUBUQUE STREET IN IOWA CITY, IOWA. Moved and seconded by Kubby, to adopt RES. 99-225, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WORLDWIDE FIBER NETWORKS, INC. TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Brad Craybel, Construction Resources, appeared representing Worldwide Fiber. Moved and seconded to adopt RES. 99-226, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND MIKE AND MARTY ENTERPRISES FOR A SIDEWALK CAFI~. Moved and seconded to adopt RES. 99-227, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND THE COTTAGE FOR A SIDEWALK CAFI~. Moved and seconded to appoint John Stratton, 815 Wylde Green Rd. to the Police Citizens Review Board to fill an unexpired term ending September 1, 2000; Shaner Magalhaes, 1945 Grantwood St. to the Bd. of Library Trustees to fill an unexpired term ending July 1, 2003; accept recommendation from Board of Supervisors to appoint Linda Prybil as the County representative. The Mayor declared the motion carried. The Mayor noted the current vacancies: Public Art Advisory Comm. - one vacancy to fill an unexpired term plus a full term ending January 1, 2003. This appointment will be made at the August 24 Council meeting. Official Council Actions June 29, 1999 Page 9 The Mayor noted the previously- announced vacancies: Housing and Community Development Cornre. - three vacancies to fill three-year terms ending September 1, 2002. Police Citizens Review Bd. - one vacancy to fill a four-year term ending September 1, 2003. Riverfront and Natural Areas Cornre. - one vacancy to fill an unexpired term ending September 1, 2000. These appointments will be made at the July 27 Council meeting. Moved and seconded to adjourn 9:40 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5043. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 6/28/99 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Moved and seconded to adjourn to 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 is completed. Moved and seconded to adjourn the special meeting 6:55 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor Submitted~or publication - 7/1/99 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 - 7/6/99 Iowa City City Council, special meeting, 8:00 a.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: Champion. Moved and seconded to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 11:45 a.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor Submitt~e~ for publication - 7/8/99 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 JUNE 28, 1999 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Karr. Council minutes tape recorded on Tape 99-71, Side 1. Moved by O'Donnell, seconded by Norton, to adjourn to 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 is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:35 p.m. Council returned to open session 6:52 p.m. Moved by Vanderhoef, seconded by Norton, to adjourn the special meeting 6:55 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, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 29, 1999 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, Holecek, Karr, Kopping, Fowler, Rockwell, Yapp, Winstead, Franklin, Logsden, Trueblood, Davidson, Fosse. Council minutes tape recorded on Tapes 99- 99-71, Side 2; 99-73, Both Sides; 99-74, Side 1. Moved by Thornberry, seconded by O'Donnell, to adopt the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the special meeting of June 14, and the regular meeting of June 15, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Civil Service Comm. - June 23 Accept the certified list for the position of Police Sergeant. Housing & Community Development Commission - May 20. Airport Comm. - May 13. Bd. of Appeals - March 1. Library Bd. of Trustees - May 27. Telecommunications Comm. - May 24. P&Z Comm. - June 3; June 17. Public Art Advisory Comm. - June 3. Riverfront & Natural Areas Comm. - April 21. Sr. Center Comm. - May 25. Permit Motions: Class C Liquor License for Memories, 928 Maiden Lane. Class E Liquor License for Hartig Drug Company #10, 701 Mormon trek BIvd. Class B Wine Permit for Hartig Drug Company #10, 701 Mormon Trek Blvd. Class C Beer Permit for Hartig Drug Company #1 O, 701 Mormon Trek Blvd. Class C Beer Permit for Gasby's East, 2303 Muscatine Ave. Class B Wine Permit for Fareway Stores Inc., 2530 Westwinds Dr. Class C Liquor License for Caf~ Bella, 325 E. Washington St. Outdoor Service Area for Caf~ Bella, 325 E. Washington St. RES. 99-203, Bk. 121, p. 203, ISSUE CIGARETTE PERMITS. RES. 99-204, Bk. 121, p. 204. ISSUE DANCING PERMIT. Setting Public Hearings: RES. 99-205, Bk. 121, p. 205, SETTING A PUBLIC HEARING for July 13 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN CITY PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 99-206, Bk. 121, p. 206, SETTING A PUBLIC HEARING for July 13 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE OAKLAND CEMETERY PHASE I EXPANSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. Complete Description June 29, 1999 Page 2 99-207, Bk. 121, p. 207, SETTING A PUBLIC HEARING for July 13 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1999 SANITARY SEWER REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 121: RES. 99-208, p. 208, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND LITTLE DONKEY'S, INC. FOR A SIDEWALK CAFI~. RES. 99-209, p. 209, APPROVING A LETTER OF COMMITTMENT REGARDING THE USE OF ClAP FUNDS FOR NEW HOUSING AUTHORITY OFFICE SPACE. RES. 99-210, p. 210, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF CERTAIN DESCRIBED EASEMENTS LOCATED WITHIN THE W.B. DEVELOPMENT SUBDIVISION, AND TO APPROVE AND EXECUTE A SUBSTITUTED ACCESS EASEMENT, SANITARY SEWER EASEMENT, STORM SEWER AND DRAINAGE EASEMENT, OVERLAND FLOW ROUTE EASEMENT, AND SEWER ALLOCATION AND PARKING COVENANTS TO FACILITATE FURTHER DEVELOPMENT ON LOT 1 OF THE RESUBDIVISION OF 0UTLOT A, W.B. DEVELOPMENT. Correspondence: Jonathan Jordahl (JC Board of Supervisors) regarding local workshop for the discussion of trails location/development. The "Backyard Habitat Fair" Committee regarding appreciation. Patricia Zander- Hubing regarding Highland Avenue and bike path. Archie Greene regarding Iowa Arts Fest. Janie Yates-Glandorf regarding skywalk. Harold Stager regarding skywalk. Diane Stamp regarding skywalk. Civil Service Comm. submitting certified lists of applicants for the following position(s): Personnel Generalist; Special Projects Manager; Parking Cashier; Mass Transit Operator; Police Sergeant. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. A public hearing was held on the proposed route changes for Iowa City Transit. Parking & Transit Director Fowler outlined recommendations. Irene E. Murphy, 1205 Laura Drive, appeared. Moved by Kubby, seconded by O'Donnell, to approve the route changes as presented for Iowa City Transit. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Senior Center Commissioner Jay Honohan updated Council on activities at the Center. Jim Barker requested an exception be granted for a fence partially completed on his property; Council referred him to the Housing and Inspection Services Department. Ruth Baker and Rita Maniodus appeared regarding future needs for the City Transit System. Complete Description June 29, 1999 Page 3 Moved by Vanderhoef, seconded by Thornberry, to set a public hearing for July 13 on an ordinance amending Title 14, Chapter 6, Zoning, by adding a definition of "adult business" and changing separation requirements between adult businesses and other uses. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Norton, seconded by Thornberry, to set a public hearing for July 13 on an ordinance amending Title 14, Chapter 6, Zoning, to allow off-street parking on a separate lot in a different zone under certain conditions. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for July 13 on an ordinance conditionally changing the zoning designation of approximately .33 of an acre from Medium Density Single-family (RS-8) to Community Commercial (CC-2) for property located on the west side of Gilbert Court north of Benton Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance conditionally changing the zoning designation of approximately 7.46 acres from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8) and the approval of a preliminary OPDH Plan for 72 residential dwelling units within the Windsor Ridge subdivision located at the east terminus of Court Street. PCD Director Franklin stated that staff has received a letter from the developer requesting am indefinite deferral. Moved by Norton, seconded by Thornberry, to defer indefinitely an ordinance conditionally changing the zoning designation of approximately 7.46 acres from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8) and the approval of a preliminary OPDH Plan for 72 residential dwelling units within the Windsor Ridge subdivision located at the east terminus of Court Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution adopting and incorporating the Northeast District Plan into the Iowa City Comprehensive Plan. PCD Director Franklin outlined the changes. Moved by Norton, seconded by Kubby, to adopt RES. 99-211, Bk. 122, p. 211, ADOPTING .AND INCORPORATING THE NORTHEAST DISTRICT PLAN INTO THE IOWA CITY COMPREHENSIVE PLAN. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Thornberry, that the rule requiring ordinance to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived, and that the ordinance amending Title 14, Chapter 6, Zoning, Article E, Commercial and Business Zones, Section 2, Neighborhood Commercial Zone, and Article L, Provisional Uses, Special Exceptions, and Temporary Uses, to allow pharmacies to have a drive-through Complete Description June 29, 1999 Page 4 facility in the Neighborhood Commercial (CN-1) zone, and to adopt location, design, and size criteria for drive-through facilities associated with pharmacies and financial institutions in the CN-1 zone, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Thornberry, that the ordinance be voted on for second consideration at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from David Bailie, Hy-Vee, Inc. The Mayor declared the motion carried unanimous, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, that the ordinance amending Title 14, Chapter 6, Zoning, Article O, Sign Regulations, by changing the requirements regarding the number of freestanding signs on lots with over 300 feet of frontage, be given first vote for consideration. Affirmative roll call vote unanimously, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Vanderhoef, that the ordinance vacating a 1 O-foot wide right-of-way located along the west line of property located at 1033 E. Washington 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 Thornberry, seconded by Kubby, to adopt ORD. 99-3888, Bk. 42, p. 22, AMENDING CITY CODE SECTION 14-6, "ZONING CHAPTER," CONCERNING DEFINITIONS AND PARKING REQUIREMENTS FOR CARRYOUT, DELIVERY, AND DRIVE-THROUGH RESTAURANTS. 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. 99-212, Bk. 121, p. 212, APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES, FIRST ADDITION, 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 Vanderhoef, to adopt RES. 99-21 3, Bk. 121, p. 213, APPROVE THE EXTRATERRITORIAL PRELIMINARY PLAT OF CRESTVIEW THIRD ADDITION, JOHNSON COUNTY, IOWA. 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. 99-214, Bk. 122, p. 214, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF CRESTVIEW THIRD ADDITION, JOHNSON COUNTY, IOWA. 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. 99-215, Bk. 122, p. 215, APPROVING FINAL PLAT OF SILVERCREST RESIDENTISAL COMMUNITY, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present, The Mayor declared the resolution adopted. Complete Description June 29, 1999 Page 5 A public hearing was held on plans and specifications for the construction of the Willow Creek Trail Phase II Improvement project. The following individuals appeared: Tom Muller, 1350 Burry Drive and Terry Dahms, FIRST. Parks & Rec. Dir. Trueblood present for discussion. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from Judy Pfohl; Rex Pruess; and Fred Dunher. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Kubby, to adopt RES. 99-216, Bk. 122, p. 216, APPROVING PLANS, SPECIFICATIONS, FORM QF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL PHASE It IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PALCE FOR RECEIPT OF BIDS. Moved by Thornberry, seconded by O'Donnell, to remove and defer for at least one year, or until repairs are necessary, the section of the trail between the Muller and Dunner houses which is four foot wide and extends down to a three foot asphalt trail. Individual Council Members expressed their views. The Mayor declared the motion to amend carried, 4/3, with the following division of voice vote: Ayes: Thornberry, Lehman, O'Donnell, Champion. Nays; Norton, Vanderhoef, Kubby. Affirmative roll call vote unanimous, 7/0, on the amended resolution. The Mayor declared the resolution adopted. A public hearing was held on plans and specs for the Iowa City Senior Center Fire Sprinkler Installation and Ceiling Replacement Project. No one app'eared. Moved by Thornberry, seconded by Norton, to adopt RES. 99-217, Bk. 121, p. 217, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY SENIOR CENTER FIRE SPRINKLER INSTALLATION AND CEILING REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Senior Center Coordinator Kopping 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, 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. 99-3889, Bk. 42, p. 23, AMENDING TITLE 14 ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 1 ENTITLED "STREETS, SIDEWALKS, AND PUBLIC RIGHT-OF-WAY GENERALLY," ARTICLE E ENTITLED "SIGNS IN PUBLIC PLACES," SECTION 4 ENTITLED "EXCEPTIONS" OF THE CITY CODE TO AMEND SIGNS IN PUBLIC PLACES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Thornberry, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0 all Council Members present. The Mayor declared the ordinance adopted. Complete Description June 29, 1999 Page 6 Moved by Vanderhoef, seconded by Norton, that the ordinance amending City Code Title 8, Chapter 8, entitled "Police Citizens' Review Board," Section 7, entitled "Duties of the Board; Complaint Review and General Duties," regarding the identification of complainant(s) and/or police officer(s) in the board's public report of a sustained complaint to the City Council, be given second vote for consideration. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Lehman, Norton, Thornberry, Vanderhoef, Champion, Kubby. Nays: O'Donnell. Absent: None. Moved by Norton, seconded by O'Donnell, to adopt RES. 99-218, Bk. 122, p. 218, APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND ECUMENICAL HOUSING CORPORATION CONCERNING ACQUISITION OF ECUMENICAL TOWERS' PARKING AREA AS REQUIRED FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY AND PROVIDING ECUMENICAL TOWERS WITH REPLACEMENT PARKING, ON BOTH A TEMPORARY AND PERMANENT BASIS. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. Nays: Kubby. Absent: None. Moved by Norton, seconded by O'Donnell, to adopt RES. 99-219, Bk. 121, p. 219, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT to McComas-Lacina (with alternates 1,2,3,5) for $11,648.00. Individual Council Members expressed their views. 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. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-220, Bk. 121, p. 220, 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 NEUMANN MONSON PC OF IOWA CITY, IOWA TO PROVIDE ON-SITE OBSERVATION SERVICES DURING CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: O'Donnell, Thornberry, Vanderhoef, Champion, Lehman, Norton. Nays: Kubby. Absent; None. Moved by Thornberry, seconded by Norton, to adopt RES. 99-221, Bk. 1 21, p. 221, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON P.C. OF IOWA CITY, IOWA FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE IOWA AVENUE MULTI- USE PARKING FACILITY. The Mayor declared the resolution adopted 6/1, with the following division of roll call vote: Ayes: O'Donnell, Thornberry, Vanderhoef, Champion, Lehman, Norton. Nays: Kubby. Absent: None. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 99-222, Bk. 122, p. 222, APPRO VING, AUTHORIZING AND DIRECTING THE MAYOR TO Complete Description June 29, 1999 Page 7 EXCUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE MORMON TREK BOULEVARD IMPROVEMENTS. 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 a resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Iowa City Transit Facility Methane Abatement Project. The Mayor declared the resolution defeated unanimously, 0/7, all Council Members present. Moved by Thornberry, seconded by O'Donnell, to adopt RES. 99-223, Bk. 121, p. 223, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH MICHAEL S., CHRISTINE M., MONICA B., AND MARC B. MOEN 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 Norton, to adopt RES. 99-224, Bk. 121, p. 224, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH RINELLA BUILDING PARTNERSHIP FOR TEMPORARY USE OF PUBLIC RIGHT-OF- WAY FOR A PORTION OF DUBUQUE STREET IN IOWA CITY, IOWA. Champion stated she would be abstaining because this building houses her business. The Mayor declared the resolution adopted, 6/0/1, with the following division of roll call vote: Ayes: Norton, O'Donnell, Thornberry, Vanderhoef, Kubby, Lehman. Nays: None. Absent: None. Abstaining: Champion. Moved by Thornberry, seconded by Kubby, to adopt RES. 99-225, Bk. 121, p. 225, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WORLDWIDE FIBER NETWORKS, INC. TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Brad Craybel, Construction Resources, appeared representing Worldwide Fiber. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Kubby, to adopt RES. 99-226, Bk. 121, p. 226, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND MIKE AND MARTY ENTERPRISES FOR A SIDEWALK CAFI~. 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. 99-227, Bk. 121, p. 227, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF- WAY BETWEEN THE CITY OF IOWA CITY, AND THE COTTAGE FOR A SIDEWALK CAFG. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description June 29, 1999 Page 8 Moved by Thornberry, seconded by Vanderhoef, to appoint John Stratton, 815 Wylde Green Rd. to the Police Citizens Review Board to fill an unexpired term ending September 1, 2000; Shaner Magalhaes, 1945 Grantwood St. to the Bd. of Library Trustees to fill an unexpired term ending July 1, 2003; accept recommendation from Board of Supervisors to appoint Linda Prybil as the County representative. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the current vacancies: Public Art Advisory Cornre. - one vacancy to fill an unexpired term plus a full term ending January 1, 2003. This appointment will be made at the August 24 Council meeting. The Mayor noted the previously-announced vacancies: Housing and Community Development Cornre. - three vacancies to fill three-year terms ending September 1, 2002. Police Citizens Review Bd. - one vacancy to fill a four-year term ending September 1, 2003. Riverfront and Natural Areas Comm. - one vacancy to fill an unexpired term ending September 1, 2000. These appointments will be made at the July 27 Council meeting. Council Member Norton noted the memo from the Police Chief regarding racial profiling; the seniors band performance on June 26; and developing other mechanisms for City public relations. Council Member Vanderhoef reminded citizens that yard waste stickers were available starting July 1 for $20; and stated she would be attending Legislative Committee meeting of Iowa League of Cities and would be interested in any comments from Council to take to that meeting. Council Member Thornberry asked staff to contact the state regarding the need for striping of turn lanes on Riverside Drive; acknowledged the employee golf outing held June 27; and reported on the seniors band/Horizon Band performance on June 26 and the 50th City High Class Reunion held that same week-end; thanked everyone for their concern and care at the time of his airplane crash. Council Member O'Donnell stated the chicanes on Highland Avenue were going to be removed; commented on Council passage of the Iowa Avenue Parking Facility and Northeast Plan; and stated he hoped everyone voted in the State special election. Council Member Champion reported she had attended a Downtown Association Meeting (DTA) and will be starting a downtown cleanup committee which hopes to involved downtown merchants as well as the University Student Senate to help keep downtown clean and free of litter; noted the new playground equipment in the pedestrian mall; congratulated everyone responsible for removing the parked delivery trucks from Dubuque Street; and noted the improvements in the downtown area including the ramp, proposed new Moen building, and the restoration of her building on S. Dubuque Street. Council Member Kubby clarified that the request regarding the Moen building was for a phase in over five years of the increased value of the new building; requested that communication towers be added back to the Planning & Zoning pending list; announced a new group forming "Friends of Hickory Hill"; a meeting Complete Description June 29, 1999 Page 9 on July 12 at the Iowa City Public Library to discuss political on line discussions across the state; July 24 parade and celebration of the American Disabilities Act; Jazz Fest on July 3-4; explore involvement in the sister city program with a place in Kosovo and the possibility of engineers and other trades people helping. Mayor Lehman apologized for not reminding folks to get out and vote before the polls closed and read the Johnson County election results; announced the City's Deer Line (356-5015) was available to receive citizen comments; reported on his attendance at the Iowa League of Big Cities meeting earlier in the day. Moved by Norton, seconded by O'Donnell, to adjourn 9:40 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, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 6, 1999 Iowa City City Council, special meeting, 8:00 a.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Absent: Champion. Staffmembers present: Karr. Council minutes tape recorded on Tape 99-74, side 2. Moved by Thornberry, seconded by O'Donnell, to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried and adjourned into executive session 8:10 a.m. Council returned to open session 11:40 a.m. Moved by Norton, seconded by Thornberry, to adjourn the special meeting 11:45 a.m. The Mayor declared the motion carried. Ernest W. Lehman, Mayor Madan K. Karr, City Clerk