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HomeMy WebLinkAbout1999-10-12 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 OCTOBER 12, 1999 Iowa City City Council, special meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman, Norton, Q'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Schoon, Fosse. Council minutes tape recorded on Tapes 99-95, Side 2; 99-99, Both Sides. The Mayor presented the Outstanding Student Citizenship Awards to Roosevelt Elementary: 1998-1999 Student Council, accepted. The Mayor proclaimed: Breast Cancer Awareness Month - October Mammography Day - October 15, Vivian Strauss of the American Cancer Society Core Team of Johnson County accepted; Teen Read Week - October 17-23, Joel Shoemaker, Southeast Junior High School; Deb McCallister, City High; Barbara Black, Iowa City Public Library; lain Leohi; Hannah Sandler; Rebecca Gedney; Jacob Mason-Marshall; Jo Jordan; and Joe Landers accepted; United Nations Day - October 24. Moved by Thornberry, seconded by Champion, 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 September 28, and October 1, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Appeals - August 5. Historic Preservation Comm. - August 2, August 31, September 9. Permit Motions and Resolutions as Recommended by the City Clerk: Class C Liquor License for Hilltop Tavern, 11 O0 N. Dodge St. Class C Liquor License for La Casa, 1200 S. Gilbert Ct. Class C Beer Permit for Econofoods #473, 1987 Broadway St. Class B Wine Permit for Econofoods #473, 1987 Broadway St. Class C Beer Permit for QuikTrip #548, 955 Mormon Trek BIvd. Class B Wine Permit for QuikTrip #548, 955 Mormon Trek Blvd. Class B Beer Permit for Duds 'n Suds, 5 Sturgis Dr. Setting Public Hearings: RES. 99-348, Bk. 122, p. 348, SETTING A PUBLIC HEARING for October 19 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER WATER FACILITY IMPROVEMENTS, DIVISION 1: WATER TREATMENT PLANT, DIVISION 2: WELL HOUSES, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS QN FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 122: RES. 99-349, p. 349, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 43 WEST SIDE DRIVE, IOWA CITY, IOWA. RES. 99-350, p. 350, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING TWO RENTAL REHABILITATION LIENS AND A FINANCING STATEMENT (UCC4) FOR THE PROPERTY LOCATED AT 210Y2 SOUTH CLINTON STREET, IOWA CITY, IOWA. RES. Complete Description October 12, 1999 Page 2 99-351, Bk. 122, p. 351, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN AND THREE FINANCING STATEMENTS (UCC4) FOR THE PROPERTY LOCATED AT 212Y2 SOUTH CLINTON STREET, IOWA CITY, IOWA. Correspondence: Mark Hollingsworth regarding signs. Ellen Sweet regarding native plants. JCCOG Traffic Engineering Planner: No Parking Anytime on the East Side of Linden Court. Thomas Reavely, The Fund for Animals, regarding the Deer Management Plan. Steven Spangler regarding Iowa Avenue Streetscape Project. Champion noted the recommendation to prohibit parking on the east side of Linden Court, and stated her concern of prohibiting parking on public streets. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and repeated the public hearings as set. Derek Maurer, 508 Kirkwood Avenue, shared concerns on the diversity of the downtown. Current ARTS Iowa City President Nancy Purington and former President Carol Spaziani appeared requesting support for ARTS Iowa City to rent space at 207 E. Washington Street, Council agreed to discuss the matter at their work session of October 18. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from ARTS Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mary Kathryn Wallace updated Council on Senior Center activities. Steve Kanner appeared regarding fair water rates. Dan Coleman, announced the inaugurating of Iowa City Green Party's "Iowa City Dog Project" organizing a presence at City Council meetings, and the impact on Hickory Hill Park with the expansion of Oakland Cemetery. Moved by Norton, seconded by Thornberry, that the ordinance amending Title 14, Chapter 6, Zoning, to amend the provisions relating to home occupations, 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 amending Title 14, Chapter 6, Zoning, to allow public utilities in commercial and industrial zones, 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 O'Donnell, to adopt ORD. 99-3903, Bk. 42, p. 37, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 7.72 ACRES FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8), TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-8), AND APPROVING A PRELIMINARY OPDH PLAN FOR 24 TOWNHOUSE-STYLE DWELLING UNITS FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BARRINGTON ROAD AND HUNTINGTON DRIVE (Windsor Ridge Part 13). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. (Vanderhoef left room for the following discussion) A public hearing was held on a resolution declaring the City's intent to proceed with and authorizing the acquisition of property rights for the Iowa Avenue Streetscape Improvements project. The following individuals appeared: Anne Hesse, Complete Description October 12, 1999 Page 3 Project GREEN; Brian Clark, Brian Clark & Associates; Dan Coleman; Pete Vanderhoef; Kurt Vanderhoef; David Moore, Field House Bar, 940 Arlington Drive; Joe Murphy; and Gary Sanders. Moved by Kubby, seconded by Thornberry, to adopt RES. 99-352, Bk. 122, p. 352, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE IOWA AVENUE STREETSCAPE IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. (Vanderhoef returned) Moved by Norton, seconded by Vanderhoef, to adopt RES. 99-353, Bk. 122, p. 353, APPROVING THE AMENDED NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Norton, that the ordinance amending City Code Title 1, entitled "Administration," Chapter 5, entitled "Mayor and City Council," to change the compensation for City Council Members to comply with the policy established by Ordinance 97-3804, be given first vote for consideration. Individual Council Members expressed their views. Affirmative roll cal vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Vanderhoef, that the ordinance amending Title 14, Chapter 3, Article B entitled "Project Specific Tap-On Fees" to require public notice in accordance with Iowa Code Section 384.38(3) and to eliminate the requirement that notice of the public hearing be sent by ordinary mail to owners of record of real property within the benefited area, 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 Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 99-3904, Bk. 42, p. 38, AMENDING TITLE 8, POLICE, CHAPTER 6, ENTITLED "PERSONS UNDER EI(3HTEEN YEARS OF A(3E," SECTION 1, ENTITLED "SALE TO AND/OR POSSESSION OF TOBACCO PRODUCTS AND CIGARETTES: UNDERAGE PERSONS," SUBSECTION B, "EMPLOYEE EDUCATION - CIGARETTE SALES," TO ELIMINATE THE REQUIREMENT THAT EMPLOYEES SIGN AN AFFIDAVIT AND ADD A REQUIREMENT THAT BUSINESS/RETAILERS ENSURE THAT THEIR EMPLOYEES ARE EDUCATED ABOUT THE PROHIBITION ON SALES TO MINORS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Thornberry, seconded by Champion, to adopt ORD. 99-3905, Bk. 42, p. 39, AMENDING TITLE 2 OF THE CITY CODE, THE HUMAN RIGHTS ORDINANCE OF THE CITY OF IOWA CITY, IOWA, TO MAKE IT SUBSTANTIALLY Complete Description October 12, 1999 Page 4 EQUIVALENT TO THE FAIR HOUSING AMENDMENTS ACT OF 1989. 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. 99-354, Bk. 122, p. 354, PROVIDING FOR COOPERATION WITH OTHER GOVERNMENTAL UNITS IN THE CREATION AND OPERATION OF THE SERVICE DELIVERY AREA 10 CONSORTIUM AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT ESTABLISHING A REGION 10 CHIEF ELECTED OFFICIAL BOARD AND ADOPTING AN INTERGOVERNMENTAL COOPERATION AGREEMENT OF SUCH BOARD. 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. 99-355, Bk. 122, p. 355, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ELEANOR M. DILKES, CITY ATTORNEY, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY ATTORNEY TO ATTEST THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MARlAN K. KARR, CITY CLERK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, to appoint Kathleen Janz, 328 Reno St., to the Riverfront and Natural Areas Comm. to fill an unexpired term ending September 1, 2000. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously-announced vacancies: Public Art Advisory Cornre. - one vacancy to fill an unexpired term in addition to a three-year tern ending January 1, 2003. This appointment will be made October 19. The Mayor noted the current vacancies: Bd. of Appeals - one vacancy to fill a five-year term for a Building Design Professional ending December 31, 2004. Sr. Center Comm. - two vacancies to fill three-year terms ending December 31, 2002. Bd. of Adjustment - one vacancy to fill a five-year term ending January 1, 2005. Human Rights Comm. P&R Comm. - two vacancies to fill four-year terms ending January 1, 2004. These appointments will be made November 23. The Mayor encourage citizens to make application to the City Clerk. Council Member Kubby raised questions concerning water usage and future plans, the City Manager stated a staff presentation on water is planned for the work session of October 18; and said goodbye to longtime community member Tess Catalino. Council Member Champion stated her embarrassment with the voter turnout at the City's primary election, and encouraged people to participate in the November general election. Council Member O'Donnell reported on a meeting with County representatives on the 28E fringe area agreement; requested staff look at more parking for delivery trucks in conjunction with the Iowa Streetscape project; indicated he would not support limiting of liquor licenses, and expressed an interest in looking at offenses during the operating year instead; and noted the dismal primary voter turnout and encouraged people to vote. Complete Description October 12, 1999 Page 5 Council Member Vanderhoef noted her attendance at the City's Diversity Training session and thanked staff for moving forward with training. Council Member Norton stated Council would be hearing from staff on plans for the transportation center at their work session of October 18. Mayor Lehman noted the employee luncheon planned for November 18 at the Recreation Center and suggested Council meet that evening with Council Members- elect; noted the Clean Air Town Meeting set for October 28 at the Public Library; congratulated Tom Gelman on receiving the Sam Walton Community Leader Award; Iowa City Road Race/Run for the Schools scheduled October 17; public meeting on October 27 regarding a permanent skateboard park; and the Y2K meeting on October 14 at West High School. Moved by Champion, seconded by O'Donnell, to adjourn 8:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Maria~. 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. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said p.ublication is ~ OFFICIAL COUNCIL ACTIONS - 9/28/99 Iowa City City Council, special 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. Mayor Lehman, Police Chief Winkelhake, and Fire Chief Rocca presented a Citizens Commendation to Keith Lucas for his heroic reaction in saving a young lady from being struck by a train. The Mayor acknowledged Regina 4th Grade Junior Girl Scout Troop #2640 (previously Brownie Troop #1626) for their efforts to secure a protective vest for Police Dog Gallo. The Mayor presented the Certificate of Achievement for Excellence in Financial Reporting - Fiscal Year Ended June 30, 1998, City Controller Herting appeared. 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 for the special meeting of September 14, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Bd. - August 26. Airport Commission - August 19. Bd. of Adjustment - September 8. Bd. of Library Trustees August 26, September 21. P&Z Comm. September 16. PCRB Comm. September 2, September 14. Receive PCRB Public Report #99-04. Permit Motions and Resolutions as Recommended by the City Clerk: Class C Liquor License for Brown Bottle, 115 E. Washington St. Class C Liquor License for Grizzly's Southside Pub, 1210 Highland Ct. Outdoor Service Area for Grizzly's Council Actions September 28, 1999 Page 2 Southside Pub, 1210 Highland Ct. Class C Liquor License for Diamond Dave's Taco Co., 1604 Sycamore #330 Sycamore Mall, Class C Beer Permit for Mini Mart, 731 S. Riverside Dr. Class C Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Class C Beer Permit for Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr. RES. 99-326, ISSUE CIGARETTE PERMIT. Motions: APPROVE DISBURSEMENTS IN THE AMOUNT OF 814,252,905.30 FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 1999, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. APPROVE THE FY99 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER). Resolutions: RES. 99-327, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO APPLY FOR A PRESERVATION SERVICES FUND (PSF) GRANT FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE AMOUNT OF 82,500 TO ASSIST IN PLANNING FOR THE REHABILITATION OF THE MONTGOMERY-BUTLER HOUSE. RES. 99-328, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 1999. RES. 99-329, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 755 OAKLAND AVENUE, IOWA CITY, IOWA. RES. 99-330, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR THE RELEASE AND SUBSTITUTION OF A PEDESTRIAN USE EASEMENT LOCATED WITHIN PLAZA CENTRE ONE, IOWA CITY, IOWA. Correspondence: Jane Bolgatz regarding cemetery. Ellen Sweet regarding weed ordinance information. Ann and John Zalenski regarding Council Actions September 28, 1999 Page 3 northside neighborhood. Jeff Gillitzer regarding Kirkwood Avenue stop signs. Mark Hollingsworth regarding enforcement. JCCOG Traffic Engineering Planner: Extension of Passenger Loading Zone on South Johnson Street; No Parking Corner to Here on Cross Park Avenue, East of Keokuk Street; Removal of Right Turn on Red Prohibition at the Intersection of Muscatine Avenue and Court Street; Installation of a Stop Sign on Wellington Drive at Scott Boulevard; Establish Metered Parking Spaces on the 400 and 600 Blocks of South Capitol Street and the 10 Block of West Prentiss Street; Removal of Right Turn on Red Prohibition at the Intersection of Muscatine Avenue and First Avenue. Barbara van der Woude regarding Northside Neighborhood safety. Rebecca Soglin regarding Sierra Club event October 5 on growth. The Mayor declared the motion carried. Gary Sanders thanked Council and staff for the Ped Mall improvements, and request consideration of banning underage individuals from bars. Joe Murphy and Pete Vanderhoef stated their concerns with the City's plans for the Iowa Avenue Streetscape Project. A public hearing was held on an ordinance amending Title 14, Chapter 6, Zoning, to allow banner signs in shopping centers. Moved and seconded to refer this item back to P&Z Comm. and continue the public hearing. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 6, Zoning, to amend the provisions relating to home occupations. (Mary Mahaffa appeared later in the meeting, prior to item #14, stating the support of the Chamber of Commerce New Home Based Business Committee for the ordinance, and clarifying the intent of the ordinance regarding employees.) A public hearing was held on an ordinance amending Title 14, Chapter 6, Zoning, to allow public utilities in commercial and industrial zones. Moved and seconded that the ordinance conditionally changing the zoning Council Actions September 28, 1999 Page ~, designation from Medium Density Single- Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8), and approving a preliminary Planned Development Housing Overlay plan for 24 townhouse-style dwelling units for approximately 7.72 acres located at the northeast corner of Barrington Road and Huntington Drive, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 99-3898, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 7.93 ACRES LOCATED AT THE EAST TERMINUS OF COURT STREET FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH- 8), AND APPROVING A PRELIMINARY OPDH PLAN FOR 72 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED AT THE EAST TERMINUS OF COURT STREET. Moved and seconded to adopt ORD. 99-3899, VACATING AN APPROXIMATE 7,720 SQUARE FOOT UNIMPROVED PORTION OF VIRGINIA DRIVE LOCATED BETWEEN LOTS 2 AND 14 OF NORTH HILLS SUBDIVISION, IMMEDIATELY NORTHEAST OF THE INTERSECTION OF VIRGINIA DRIVE AND RIDGEWOOD LANE, IOWA CITY, IOWA. A public hearing was held on an amended near Southside Commercial Urban Revitalization Plan for an existing Urban Revitalization Area in the City of Iowa City, Iowa. A public hearing was held on a resolution declaring the City's Intent to proceed with and authorizing the acquisition of property rights for the Longfellow-Twain Pedestrian Tunnel Project. The following individuals appeared: Ann Freerks, 443 S. Governor, Longfellow Neighborhood Assn.; Bob Lehman, 1231 Sheridan; and Margaret Felling. 325 S. 7th Ave. Moved and seconded to accept correspondence from: Church of Christ; Sharon Kay Shapcott; Robert & Mary Ann Woodburn; Ann Freerks, Longfellow Neighborhood Association. The Mayor declared the motion carried. Moved and seconded to adopt RES. 99-331, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR Council Actions September 28, 1999 Page 5 THE LONGFELLOW-TWAIN PEDESTRIAN TUNNEL PROJECT. A public hearing was held on a resolution declaring the City's intent to proceed with an authorizing the acquisition of property rights for the Highway 6 Corridor Improvements Project. Moved and seconded to adopt RES. 99-332, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT. A public hearing was held on a resolution declaring the City's intent to proceed with an authorizing the acquisition of property rights for the Mormon Trek Boulevard Improvements, Highway 1 to Abbey Lane Project. LeRoy Nida, Plaen View Dr. appeared. Moved and seconded to adopt RES. 99-333, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE MORMON TREK BOULEVARD IMPROVEMENTS, HIGHWAY 1 TO ABBEY LANE PROJECT. A public hearing was held on a resolution authorizing conveyance of a single- family home located at 2814 Irving Avenue. Moved and seconded to adopt RES. 99-334, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2814 IRVING AVENUE. Moved and seconded to adopt RES. 99-335, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA. Ernie Galer, representing Lepic-Kroeger, present for discussion. Moved and seconded to adopt RES. 99-336, AUTHORIZING A 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY PROVIDING FOR FUTURE ANNEXATIONS AND EXTRATERRITORIAL REVIEW OF SUBDIVISION PLATS, AND REPEALING RESOLUTION 99-30. Moved and seconded that the ordinance amending Title 8, Police, Chapter 6, entitled "Persons Under Eighteen Years Of Age," Section 1, Entitled "Sale to and/or Possession of Tobacco Products and Council Actions September 28, 1999 Page s Cigarettes: Underage Persons," Subsection B, "Employee Education - Cigarette Sales," to eliminate the requirement that employees sign an affidavit and add a requirement that business/retailers ensure that their employees are educated about the prohibition on sales to minors, be given first vote for consideration. Brad Huff, Colonial Lanes, and Eileen Fisher, Johnson County Citizens for Tobacco Free Youth, appeared in support of the ordinance. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, Chapter 3, Article B entitled "Project Specific Tap-On Fees" to require public notice in accordance with Iowa Code Section 384.38(3) and to eliminate the requirement that notice of the public hearing be sent by ordinary mail to owners of record of real property within the benefited area, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa, to make it substantially equivalent to the Fair Housing Amendments Act of 1989, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 99-3900, AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION AREA. Moved and seconded to adopt RES. 99-337, APPROVING THE CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN AND REPEALING RESOLUTION NO. 93-334. Moved and seconded to adopt ORD. 99-3901, AMENDING SECTION 6-4-5, CITY CODE, TO ALLOW THE EMISSION OF SOUND ASSOCIATED WITH A CITY- APPROVED DEER MANAGEMENT PLAN. Moved and seconded to adopt ORD. 99- 3902, AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL." Moved and seconded to adopt a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest Council Actions September 28, 1999 Page ? a contract for the construction of the Iowa City Chauncey Swan Fountain. The Mayor declared the resolution defeated. Moved and seconded to adopt RES. 99-338, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE 1. Moved and seconded to adopt RES. 99-339, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE RECONSTRUCTION OF THE MERCER PARK TENNIS COURTS. Moved and seconded to adopt RES. 99-340, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE WETHERBY PARK REDEVELOPMENT PROJECT. Moved and seconded to adopt RES. 99-341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GUY AND SUE DROLLINGER D/B/A DROLLINGER RIDES FOR PURCHASE OF CERTAIN AMUSEMENT RIDES. Moved and seconded to adopt RES. 99-342, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, GENE L.L.C. FOR PORTIONS OF COURT AND LINN STREETS AND THE WEST HALF OF THE ALLEY ADJACENT TO OWNERS PROPERTY RUNNING NORTH AND SOUTH BETWEEN BURLINGTON AND COURT STREETS, IN IOWA CITY, IOWA. Moved and seconded to adopt RES. 99-343, AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND GENE, L.L.C. Moved and seconded to adopt RES. 99-344, DECLARING INTENT TO TERMINATE THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEHNER, PATTSCHULL & PFIFFNER P.C. FOR THE CIVIC CENTER PROJECT AND AUTHORIZING THE CITY ATTORNEY TO GIVE WRITTEN NOTICE OF TERMINATION. Council Actions September 28, 1999 Page 8 Moved and seconded to adopt RES. 99-345, DECLARING INTENT TO TERMINATE THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEHNER, PATTSCHULL & PFIFFNER P.C. FOR THE IOWA CITY LANDFILL SCALEHOUSE AND RECYCLING PROJECT AND AUTHORIZING THE CITY ATTORNEY TO GIVE WRITTEN NOTICE OF TERMINATION. Moved and seconded to adopt RES. 99-346, AUTHORIZING ARCHITECTURAL CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR ARCHITECTURAL SERVICES FOR THE IOWA CITY LANDFILL SCALEHOUSE AND RECYCLE CENTER. Moved and seconded to adopt RES. 99-347, APPROVING PURCHASE AGREEMENT BETWEEN CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT COMPANY, INC. FOR PURCHASE OF PROPERTY ON BENTON STREET ACROSS FROM ROOSEVELT ELEMENTARY. The Mayor announced the following vacancies: Riverfront and Natural Areas Cornre. - one vacancy to fill an unexpired term ending September 1, 2000. This appointment will be made October 12. Public Art Advisory Cornre. - one vacancy to fill an unexpired term in addition to a three-year term ending January 1, 2003. This appointment will be made October 19. Moved and seconded to adjourn the special meeting 9:00 p.m. The Mayor declared the motion carried. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor Submi~ec for publication - 10/6/99 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 e Official Council Actions - 10/1/99 Iowa City City Council, special meeting, 7:15 a.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef (7:20 a.m.). Absent: Kubby. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. The Mayor noted there would be no action on the resolution ratifying settlement of pending litigation. Moved and seconded to adjourn the special meeting 7:35 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 s/Marian K.oKarr, Cj~.CI~ Su~blication - 10/5/99 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 SEPTEMBER 28, 1999 Iowa City City Council, special 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, Herting, Knoche, Trueblood, Fowler, Scott, O'Malley, Yapp, Davidson. Council minutes tape recorded on Tapes 99-91, Side 2; 99-94, Both Sides. The Mayor noted that the WooIf Avenue Bridge received an Outstanding Civil Engineering Project Achievement Award, noting Steve Jacobsen of NNW Engineering and City Engr. Rick Fosse accepted the award September 10 from the Iowa Section of the American Society of Civil Engineers. Mayor Lehman, Police Chief Winkelhake, and Fire Chief Rocca presented a Citizens Commendation to Keith Lucas for his heroic reaction in saving a young lady from being struck by a train. The Mayor acknowledged Regina 4th Grade Junior Girl Scout Troop/12640 (previously Brownie Troop #1626) for their efforts to secure a protective vest for Police Dog Gallo. The Mayor presented the Certificate of Achievement for Excellence in Financial Reporting - Fiscal Year Ended June 30, 1998, City Controller Herting appeared. Moved by Norton, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the special meeting of September 14, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Bd. - August 26. Airport Commission - August 19. Bd. of Adjustment - September 8. Bd. of Library Trustees - August 26, September 21. P&Z Comm. - September 16. PCRB Comm. o September 2, September 14. Receive PCRB Public Report//99-04. Permit Motions and Resolutions as Recommended by the City Clerk: Class C Liquor License for Brown Bottle, 115 E. Washington St. Class C Liquor License for Grizzly's Southside Pub, 1210 Highland Ct. Outdoor Service Area for Grizzly's Southside Pub, 1210 Highland Ct. Class C Liquor License for Diamond Dave's Taco Co., 1604 Sycamore//330 Sycamore Mall. Class C Beer Permit for Mini Mart, 731 S. Riverside Dr. Class C Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Class C Beer Permit for Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr. RES. 99-326, Bk. 122, p. 326, ISSUE CIGARETTE PERMIT. Motions: APPROVE DISBURSEMENTS IN THE AMOUNT OF $14,252,905.30 FOR THE PERIOD OF AUGUST I THROUGH AUGUST 31, 1999, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO Complete Description September 28, 1999 Page 2 AUDIT. APPROVE THE FY99 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER). Resolutions, Bk. 122: RES. 99-327, p. 327, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO APPLY FOR A PRESERVATION SERVICES FUND (PSF) GRANT FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE AMOUNT OF $2,500 TO ASSIST IN PLANNING FOR THE REHABILITATION OF THE MONTGOMERY-BUTLER HOUSE. RES. 99-328, p. 328, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 1999. RES. 99-329, p. 329, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 755 OAKLAND AVENUE, IOWA CITY, IOWA. RES. 99-330, p. 330, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR THE RELEASE AND SUBSTITUTION OF A PEDESTRIAN USE EASEMENT LOCATED WITHIN PLAZA CENTRE ONE, IOWA CITY, IOWA. Correspondence: Jane Bolgatz regarding cemetery. Ellen Sweet regarding weed ordinance information. Ann and John Zalenski regarding northside neighborhood. Jeff Gillitzer regarding Kirkwood Avenue stop signs. Mark Hollingsworth regarding enforcement. JCCOG Traffic Engineering Planner: Extension of Passenger Loading Zone on South Johnson Street; No Parking Corner to Here on Cross Park Avenue, East of Keokuk Street; Removal of Right Turn on Red Prohibition at the Intersection of Muscatine Avenue and Court Street; Installation of a Stop Sign on Wellington Drive at Scott Boulevard; Establish Metered Parking Spaces on the 400 and 600 Blocks of South Capitol Street and the 10 Block of West Prentiss Street; Removal of Right Turn on Red Prohibition at the Intersection of Muscatine Avenue and First Avenue. Barbara van der Woude regarding Northside Neighborhood safety. Rebecca Soglin regarding Sierra Club event October 5 on growth. The Mayor noted the approval of money for a Historic Services Grant for the Butler House did not indicate the Councils commitment to spending a great deal of money for restoration of the Butler House. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Gary Sanders thanked Council and staff for the Ped Mall improvements, and request consideration of banning underage individuals from bars. Joe Murphy and Pete Vanderhoef stated their concerns with the City's plans for the Iowa Avenue Streetscape Project. A public hearing was held on an ordinance amending Title 14, Chapter 6, Zoning, to allow banner signs in shopping centers. The Mayor noted discussion the previous evening and Council's desire to have the Planning & Zoning Commission consider festive occasion banners and address the number of signs allowed. Moved by Norton, seconded by Thornberry, to refer this item back to P&Z Comm. and Complete Description September 28, 1999 Page 3 continue the public hearing, 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, to amend the provisions relating to home occupations. No one appeared. (Mary Mahaffa appeared later in the meeting, prior to item #14, stating the support of the Chamber of Commerce New Home Based Business Committee for the ordinance, and clarifying the intent of the ordinance regarding employees.) A public hearing was held on an ordinance amending Title 14, Chapter 6, Zoning, to allow public utilities in commercial and industrial zones. No one appeared. Moved by Vanderhoef, seconded by Thornberry, that the ordinance conditionally changing the zoning designation from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8), and approving a preliminary Planned Development Housing Overlay plan for 24 townhouse-style dwelling units for approximately 7.72 acres located at the northeast corner of Barrington Road and Huntington Drive (Windsor Ridge Part 13), 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 Norton, to adopt ORD. 99-3898, Bk. 42, p. 32, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 7.93 ACRES LOCATED AT THE EAST TERMINUS OF COURT STREET FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-8), AND APPROVING A PRELIMINARY OPDH PLAN FOR 72 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED AT THE EAST TERMINUS OF COURT STREET (Windsor Ridge Part 12). 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. 99-3899, Bk. 42, p. 33, VACATING AN APPROXIMATE 7,720 SQUARE FOOT UNIMPROVED PORTION OF VIRGINIA DRIVE LOCATED BETWEEN LOTS 2 AND 14 OF NORTH HILLS SUBDIVISION, IMMEDIATELY NORTHEAST OF THE INTERSECTION OF VIRGINIA DRIVE AND RIDGEWOOD LANE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on an amended near Southside Commercial Urban Revitalization Plan for an existing Urban Revitalization Area in the City of Iowa City, Iowa. No one appeared. A public hearing was held on a resolution declaring the City's Intent to proceed with and authorizing the acquisition of property rights for the Longfellow- Twain Pedestrian Tunnel Project. The following individuals appeared: Ann Freerks, 443 S. Governor, Longfellow Neighborhood Assn.; Bob Lehman, 1231 Sheridan; and Margaret Felling. 325 S. 7'h Ave. Moved Thornberry, seconded by Kubby, to accept correspondence from: Church of Christ; Sharon Kay Shapcott; Robert & Complete Description September 28, 1999 Page 4 Mary Ann Woodburn; Ann Freerks, Longfellow Neighborhood Association. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Thornberry, to adopt RES. 99-331, Bk. 122, p. 331, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LONGFELLOW-TWAIN PEDESTRIAN TUNNEL PROJECT. 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 declaring the City's intent to proceed with an authorizing the acquisition of property rights for the Highway 6 Corridor Improvements Project. No one appeared. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-332, Bk. 122, p. 332, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT. 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 declaring the City's intent to proceed with an authorizing the acquisition of property rights for the Mormon Trek Boulevard Improvements, Highway 1 to Abbey Lane Project. LeRoy Nida, Plaen View Dr. appeared. Asst. PCD Dir./JCCOG Dir. Davidson and Civil Engr. Knoche present for discussion Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-333, Bk. 122, p. 333, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE MORMON TREK BOULEVARD IMPROVEMENTS, HIGHWAY 1 TO ABBEY LANE PROJECT. 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 authorizing conveyance of a single- family home located at 2814 Irving Avenue. No one appeared. Moved by Norton, seconded by O'Donnell, to adopt RES. 99-334, Bk. 122, p. 334, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2814 IRVING AVENUE. 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. 99-335, Bk. 122, p. 335, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA. Ernie Galer, representing Lepic-Kroeger, present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Lehman, Norton, Vanderhoef, Champion. Nays: O'Donnell, Thornberry. Absent: None. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 99-336, Bk. 122, p. 336, AUTHORIZING A 285 AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY PROVIDING FOR FUTURE ANNEXATIONS AND EXTRATERRITORIAL REVIEW OF SUBDIVISION PLATS, AND Complete Description September 28, 1999 Page 5 REPEALING RESOLUTION 99-30. 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 amending Title 8, Police, Chapter 6, entitled "Persons Under Eighteen Years Of Age," Section 1, Entitled "Sale to and/or Possession of Tobacco Products and Cigarettes: Underage Persons," Subsection B, "Employee Education Cigarette Sales," to eliminate the requirement that employees sign an affidavit and add a requirement that business/retailers ensure that their employees are educated about the prohibition on sales to minors, be given first vote for consideration. Brad Huff, Colonial Lanes, and Eileen Fisher, Johnson County Citizens for Tobacco Free Youth, appeared in support of the ordinance. 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 amending Title 14, Chapter 3, Article B entitled "Project Specific Tap-On Fees" to require public notice in accordance with Iowa Code Section 384.38(3) and to eliminate the requirement that notice of the public hearing be sent by ordinary mail to owners of record of real property within the benefited .area, 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, that the ordinance amending Title 2 of the City Code, the Human Rights Ordinance of the City of Iowa City, Iowa, to make it substantially equivalent to the Fair Housing Amendments Act of 1989, 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 Kubby, to adopt ORD. 99-3900, Bk. 42, p. 34, AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION AREA. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote; Ayes: Champion, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Nays: Kubby. Absent: None. Moved by Norton, seconded by O'Donnell, to adopt RES. 99-337, Bk. 122, p. 337, APPROVING THE CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN AND REPEALING RESOLUTION NO. 93-334. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote; Ayes: Champion, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Nays: Kubby. Absent: None. Moved by Thornberry, seconded by Norton, to adopt ORD. 99-3901, Bk. 42, p. 35, AMENDING SECTION 6-4-5, CITY CODE, TO ALLOW THE EMISSION OF SOUND ASSOCIATED WITH A CITY-APPROVED DEER MANAGEMENT PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Norton, seconded by Vanderhoef, to adopt ORD. 99-3902, Bk. 42, p. 36, AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, Complete Description September 28, 1999 Page 6 ENTITLED "ANIMAL CONTROL." The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, O'Donnell, Vanderhoef, Champion. Nays: Thornberry. Absent: None. Moved by Thornberry, seconded by Vanderhoef, to adopt a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a declared the resolution defeated unanimously, p Moved by Norton, seconded by Thornberry, to adopt RES. 99-338, Bk. 122, p. 338, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE 1 to Bill Whitters Construction for ~158,808.50. 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. 99-339, Bk. 122, p. 339, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE RECONSTRUCTION OF THE MERCER PARK TENNIS COURTS to L.L. Pelling for ~56,119.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by No~on, to adopt RES. 99-340, Bk. 122, p. 340, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE WETHERBY PARK REDEVELOPMENT PROJECT to Shamrock Construction for ~70,840.00. 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. 99-341, Bk. 122, p. 341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GUY AND SUE DROLLINGER D/B/A DROLLINGER RIDES FOR PURCHASE OF CERTAIN AMUSEMENT RIDES. Parks & Recreation Director Trueblood 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 0'Donnell, t0 adopt RES. 99-342, Bk. 122, p. 342, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, GENE L.L.C. FOR PORTIONS OF COURT AND LINN STREETS AND THE WEST HALF OF THE ALLEY ADJACENT TO OWNERS PROPERTY RUNNING NORTH AND SOUTH BETWEEN BURLINGTON AND COURT STREETS, 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 Vanderhoef, to adopt RES. 99-343, Bk. 122, p. 343, AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND GENE, L.L.C. Individual Council Members expressed their views. Complete Description September 28, 1999 Page 7 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., 99-344, Bk. 122, p. 344, DECLARING INTENT TO TERMINATE THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEHNER, PATTSCHULL & PFIFFNER P.C. FOR THE CIVIC CENTER PROJECT AND AUTHORIZING THE CITY ATTORNEY TO GIVE WRITTEN NOTICE OF TERMINATION. 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. 99-345, Bk. 122, p. 345, DECLARING INTENT TO TERMINATE THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEHNER, PATTSCHULL & PFIFFNER P.C. FOR THE IOWA CITY LANDFILL SCALEHOUSE AND RECYCLING PROJECT AND AUTHORIZING THE CITY ATTORNEY TO GIVE WRITTEN NOTICE OF TERMINATION. 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. 99-346, Bk. 122, p. 346, AUTHORIZING ARCHITECTURAL CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR ARCHITECTURAL SERVICES FOR THE IOWA CITY LANDFILL SCALEHOUSE AND RECYCLE CENTER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by O'Donnell, to adopt RES. 99-347, Bk. 122, p. 347, APPROVING PURCHASE AGREEMENT BETWEEN CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT COMPANY, INC. FOR PURCHASE OF PROPERTY ON BENTON STREET ACROSS FROM ROOSEVELT ELEMENTARY. Parks & Recreation Director Trueblood present for discussion. 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 announced the following vacancies: Riverfront and Natural Areas Comm. - one vacancy to fill an unexpired term ending September 1, 2000. This appointment will be made October 12. Public Art Advisory Comm. - one vacancy to fill an unexpired term in addition to a three-year term ending January 1, 2003. This appointment will be made October 19. Council Member O'Donnell reported on the Solid Waste Management meeting and his desire to move ahead on the Solid Waste Advisory Committee; acknowledged Town & Country Furniture and everyone who helped donate to a family in Coralville recently affected with a fire; noted the City Plaza fountain dedication the previous week-end; and noted Marie O'Donnell's birthday. Council Member Champion encouraged everyone to vote in the City Primary on October 5, and noted positive comments on the new fountain. Council Member Kubby reminded citizens of upcoming events: October 1 - "Business Leaders for Sensible Priorities" bus tour will be at Hubbard Park and the International Year of the Older Persons activities; October 2 - Women's Resource Complete Description September 28, 1999 Page 8 and Action Center training program on public speaking at IMU; October 4 - Unity Day is one observance planned for the Domestic Violence Awareness Month. Council Member Norton stated Council had agreed to schedule discussion of signalization on Kirkwood Avenue; reported on the Senior Center 28E subcommittee and the Airport North Commercial Area subcommittee; noted the opening of another phase of the Iowa City River Trail on October 3 at City Park; requested an update on the peninsula project. Council Member Vanderhoef reported on the City's Snow Plow Rodeo. Council Member Thornberry stated he would be filling in for the Mayor at the Iowa City River Trail opening on October 3, noting there was a Walk for Diabetes right after that. Mayor Lehman reminded Council of the joint meeting planned September 30; computer training on October 1; reported on a presentation to Shimek School students regarding City government; and stated he would be adopting "Peaches" from the Animal Shelter the end of the week. The City Manager reported that Senior Center Coordinator Linda Kopping has been elected President of the Iowa Association of Senior Center's. He stated preliminary numbers on the City's Household Hazardous Waste Cleanup Day indicate another successful event. Moved by Thornberry, seconded by Vanderhoef, to adjourn the special meeting 9:00 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. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 1, 1999 Iowa City City Council, special meeting, 7:15 a.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef (7:20 a.m.). Absent: Kubby. Staff members present: Karr. Council minutes recorded on Tape 99-95, Side 1. Moved by Thornberry, seconded by Champion, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef absent. The Mayor declared the motion carried and adjourned into executive session 7:18 a.m. Council returned to open session 7:32 a.m. The Mayor noted there would be no action on the resolution ratifying settlement of pending litigation. Moved by Thornberry, seconded by Vanderhoef, to adjourn the special meeting 7:35 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk