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HomeMy WebLinkAbout2002-05-07 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 MAY 7, 2002 Iowa City City Council regular meeting 7:00 p.m. Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Kart, Voparil, Franklin, Nasby, Moran, O'Malley, Mansfield, Knoche, Lower, Gannon. Council minutes tape recorded on Tape 02-42, Side 2; Tape 02-45, Both Sides, Tape 02-46, Side 1. Iowa City Kickers representatives Brent DeNeice and Doug Ginsberg presented a check for $10,000 to the City to demonstrate the continued partnership with the City for a quality recreational complex devoted to soccer. The Mayor proclaimed: International Migratory Bird Day - May 11, Jim Walters, accepting; Police Week - May 12-18; Peace Officers' Memorial Day - May 15; Historic Preservation Week - May 12-18; Bicycle Month - May 2002, Greg Kovaciny, current web master, BIC, accepting. The Mayor presented Outstanding Student Citizen Awards to Lincoln Elementary: Maya Bhattacharjee, Kelly Skallerud, Alex Wiese. Moved by Vanderhoef, 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 regular meeting of April 16, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Public Library - March 28. Iowa City Telecommunications Commission - March 25. Planning & Zoning Commission - April 4. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Special Class C Liquor License for, Serendipity Laundry Cafe, Inc., dba Serendipity, 702 S. Gilbert St. Class C Beer Permit for Suburban Investors, LLC, dba Suburban AMOCO - Keokuk Street, 1905 Keokuk St. Setting Public Hearings Bk. 127: RES. 02-153, p. 153, SETTING A PUBLIC HEARING for May 21 TO AMEND THE SECTION 8 ADMINISTRATIVE PLAN TO INCLUDE THE HOMEOWNERSHIP SECTION FOR IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAM. RES. 02- 154, p. 154, SETTING A PUBLIC HEARING for May 21 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1 AND SUNSET STREET INTERSECTION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 02-155, p. 155, SETTING A PUBLIC HEARING for June 11 ON DANE ROAD TRUNK SANITARY SEWER PROJECT AND AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF SAID PUBLIC HEARING TO EACH OWNER OF RECORD OF AGRICULTURAL LAND THAT MAY BE ACQUIRED FOR THE PROJECT. Resolutions, Bk. 127: RES. 02-156, p. 156, APPROVING THE EXTERIOR SIGNAGE AND FA(~ADE TO THE TRANSIT INTERCHANGE FACILITY NORTH OF THE OLD CAPITOL TOWN CENTER AT 27 E. WASHINGTON STREET. RES. 02-157, p. 157, ACCEPTING WORK FOR THE STORM SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR VILLAGE GREEN - PART XVIII, AND DECLARING PUBLIC Complete Description May 7, 2002 Page 2 IMPROVEMENTS OPEN FOR USE. RES. 02-158, p. 158, ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 18 & 40-44 OF SOUTH POINTE ADDITION, PART 2 AND LOTS 45 & 62 OF SOUTH POINTE ADDITION, PART 3 AND SOUTH POINTE ADDITION, PART 7, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-159, p. 159, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE BAY STATES, AND IOWA CITY COFFEE CO. D/B/A JAVA HOUSE FOR A SIDEWALK CAFL~. RES. 02-160, p. 160, AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST TO A RELEASE, DISCLAIMER AND REAFFIRMATION REGARDING PROPERTY OWNED BY IHA SENIOR HOUSING LIMITED PARTNERSHIP LOCATED AT 1259 SHANNON DRIVE, IOWA CITY, IOWA. RES. 02-161, p. 161, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE AND THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1109 DEFOREST STREET, IOWA CITY, IOWA. RES. 02-162, p. 162, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG COMPANY. RES. 02-163, p. 163, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM PETRO & PROVISIONS. RES. 02-164, p. 164, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM RUSS' AMOCO SERVICE. RES. 02-165, p. 165, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HY- VEE FOOD STORE #1. RES. 02-166, p. 166, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM AAJAXXX LIQUOR STORE, INC. Correspondence: Richard Ferguson (ACT) regarding Municipal Bonds. Amy Jennings (IC/Coralville Jaycees) regarding 2002 Fireworks Funding. Joan Jehle regarding Habitat for Humanity Groundbreaking. Matt McGrath regarding Neighborhood Recommendations. Heather MacDonald regarding EHP Feasibility Study Application. Jeff Goldman regarding Sculptures. Justine Zimmer regarding Englert Theatre. Julie Tallman regarding Comprehensive Plan. Thomas Dean regarding Etc. Fire. Rhys Jones regarding Etc. Fire. Jason Wilson regarding Underage Drinking. Jay Honek regarding lC Airport. Mark Kuhn regarding CDBG [staff response included]. Renee Gould regarding Smokefree Restaurant Ordinances. Civil Service Commission regarding Civil Service Entrance Examination - Police Officer. JCCOG Traffic Engineering Planner regarding Installation of 1 HOUR LIMIT 8 AM -5 PM Signs on the North Side of the 100 Block of Lafayette Street. Installation of a Stop Sign at the Intersection of Manchester Lane and Court Street. Installation of NO PARKING 2 AM - 6 AM Signs. Installation of a NO U-TURN Sign on Southbound Iowa Highway 1 Near the 1-80 Eastbound Off-Ramp. Installation of On-Street Metered Parking Spaces, Establishment of Parking Meter Terms, and Modification to Parking Meter Terms of Existing Parking Meters. Doug Anderson regarding Etc. Fire. Bob Thompson regarding Collateral Damage. Distributed in Council's April 18 Information Packet: Sally Simpson regarding Elder Services Funding. Lori Klockau regarding Sand Prairie Preservation. Complete Description May 7, 2002 Page 3 Michael Townsend regarding Concerns regarding daughter [staff response included]. Ann Kantor regarding Quilt Project [Staff response included]. Council Member Kanner noted the public hearing set for the Section 8 Homeownership Program. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mike Porter, owner of The Summit and One-Eyed Jake's appeared regarding positive ways of conducting a bar business. Robert Lea Grimm appeared regarding closure of tattoo parlors, and public power. Lori Benz, Senior Center Commissioner, updated Council on activities at the Center, including budget cuts. Alaina Welsh, Burns and Burns, requested Council schedule designation of an enterprise zone for Emerson Point at their next meeting. Council agreed to add the item to the work session agenda of May 20. A public hearing was held on an ordinance to amend Section 14-6K-2 of the Zoning Ordinance, Floodplain Management, in order to remove the requirement for fill beyond the area of a structure, update various definitions and references, and to acknowledge the new Flood Insurance Rate Map (FIRM). No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance amending the Neighborhood Commercial, CN-1, zone to broaden the uses allowed and to revise the dimensional requirements and design provisions, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Wilburn, that the ordinance amending the Zoning Code, Article O, Sign Regulations, to permit portable signs in the Central Business Service, CB-2, Central Business Support, CB-5, and Central Business, CB- 10, zones, be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Kanner, Lehman, O'Donnell, Pfab, Wilburn, Champion. Nays: Vanderhoef. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 02-4016, Bk. 45, p. 24, TO CONDITIONALLY REZONE APPROXIMATELY 5.45 ACRES LOCATED AT THE NORTHWEST CORNER OF ROHRET ROAD AND PHOENIX DRIVE FROM RURAL RESIDENTIAL, RR-1, TO LOW DENSITY SINGLE FAMILY RESIDENTIAL, RS-5, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 02-4017, Bk. 45, p. 25, CHANGING THE ZONING DESIGNATION OF 18.2 ACRES FROM LOW DENSITY SINGLE-FAMILY (RS-5) TO SENSITIVE AREAS OVERLAY-5 (OSA-5) (Hickory Heights), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-167, Bk. 127, p. 167, APPROVING THE PRELIMINARY PLAT OF HICKORY HEIGHTS, IOWA CITY, IOWA. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-168, Bk. 127, p. 168, APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION, PART ONE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-169, Bk. 127, p. 169, APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION, PART Complete Description May 7, 2002 Page 4 TWO, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan. Dan Smith, Iowa City Chamber of Commerce, appeared and requested his remarks be incorporated into the record for #8, #9 and #10. Moved by O'Donnell, seconded by Pfab, to accept correspondence from: Charles Funk, Pat Guard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the proposed Industrial Park Urban Renewal Plan. Robert Grimm appeared. Moved by O'Donnell, seconded by Pfab, to accept correspondence from: Charles Funk, Pat Guard, and remarks made by Dan Smith during item #8. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the proposed Heinz Road Urban Renewal Plan. Moved by Vanderhoef, seconded by Champion, to accept correspondence from: Charles Funk, Pat Guard, and remarks made by Dan Smith during item #8.. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution amending the FY2002 Operating Budget. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-170, Bk. 127, p. 170, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2002 (AS AMENDED LAST ON 10/23/01 ). 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 Northside Marketplace Streetscape Project, Phase I, 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. The following individuals appeared: Mike Carberry, 715 N. Linn St.; Doug Alberhasky, 911 Market St.; Robert Lea Grimm; and Tony Christner, 740 Kirkwood Ave. Moved by O'Donnell, seconded by Champion, to accept correspondence from: Kurt Friese, Steve van der Woude, Barbara van der Woude, David Panther. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Kanner, to adopt RES. 02-171, Bk. 127, p. 171, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTHSlDE MARKETPLACE STREETSCAPE PROJECT, PHASE I, 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. Individual Council Members expressed their views. Robert Lea Grimm appeared. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Champion, Kanner, Pfab, Wilburn. Nays: Lehman, O'Donnell, Vanderhoef. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the South Sycamore Regional Greenspace Landscape and Trail 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. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-172, Bk. 127, p. 172, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE Complete Description May 7, 2002 Page 5 REGIONAL GREENSPACE LANDSCAPE AND TRAIL 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. Mayor Lehman, Mayor Pro-tem Vanderhoef, and Council Member Champion stated they had a conflict of interest on the next item and left the meeting. Temporary Mayor Pro tem Pfab now presiding. Moved by O'Donnell, seconded by Kanner, that the ordinance amending Title 10, entitled "Use of Public Ways and Property," by adding Chapter 10, entitled "Chutes and Vaults within the public right-of-way" to establish a system to regulate the use of chutes and vaults in the public right-of-way, be given second vote. City Atty. Dilkes noted the in the temporary use section of the ordinance in accordance with Council discussion on April 16. Affirmative roll call vote unanimous, 4/0, Lehman, Vanderhoef, Champion absent. The Temporary Mayor Pro-tem declared the motion carried. Mayor Lehman, Mayor Pro tem Vanderhoef, and Council Member Champion returned to the meeting. Mayor Lehman now presiding. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 02-4018, Bk. 45, p. 26, AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES BONDS, FINES AND PENALTIES," ARTICLE 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE CERTAIN SOLID WASTE CHARGES, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Council Member Wilburn stated he had a conflict of interest and left the room. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-173, Bk. 127, p. 173, ADOPTING IOWA CITY'S FY03 ANNUAL ACTION PLAN, THAT IS PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS) AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. Moved by Vanderhoef, seconded by Kanner, to amend the Plan to change the interest rate on the loan for the housing project Garden Prairie from 1% to 3% and the affordability requirement to be extended to 30 years from the 20 years as it presently appears. Individual Council Members expressed their views. Bob Burns and Alaina Welsh, Burns and Burns, appeared. Community Development Coordinator Nasby present for discussion. Robert Lea Grimm appeared. The Mayor declared the amendment carried, 5/1, with the following division of voice vote: Ayes: Vanderhoef, Kanner, Lehman, O'Donnell, Champion. Nays: Pfab. Absent: Wilburn. Moved by Kanner, seconded by Pfab, that the amount of money given to Elder Services for the Small Repair Program be increased from $5,000 to $40,000 and that money be deducted from the economic development funds. Individual Council Members expressed their views. The Mayor declared the amendment defeated, 2/4, with the following show of hands: Ayes: Pfab, Kanner. Nays: Vanderhoef, Lehman, O'Donnell, Champion. Absent: Wilburn. Moved by Champion, seconded by O'Donnell, to the fund the Elder Services Small Repair Program by eliminating the Emergency Housing Project feasibility study ($23,400), and the remainder of the $40,000 be taken from the economic development funds ($11,600). Individual Council Members expressed their views. Christy Canganelli, Executive Director of Emergency Housing Project, appeared. The Mayor declared the amendment carried, Complete Description May 7, 2002 Page 6 4/2, with the following show of hands: Ayes: Champion, O'Donnell, Lehman, Vanderhoef. Nays: Kanner, Pfab. Absent: Wilburn. The Mayor declared the resolution adopted as amended, 5/1, with the following division of roll call vote. Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Absent: Wilburn. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from: Christina Canganelli, Sandy Pickup. The Mayor declared the motion carried unanimously, 6/0, Wilbum absent. Council Member Wilburn returned to the meeting. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-174, Bk. 127, p. 174, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $29,100,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 02-175, Bk. 127, p. 175, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY02 BRIDGE MAINTENANCE PROJECT to Equity Contracting for $ 42,611.75. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 02-176, Bk. 127, p. 176, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO D STREET to L.L. Pelling Company, for $ 479,270.08. The City Manager updated Council on the current State Budget situation regarding road use tax allocations. 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. 02-177, Bk. 127, p. 177, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)--2c-52. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. The Mayor noted the current vacancies: Human Rights Commission - One vacancy to fill an unexpired term ending January 1,2003. Housing and Community Development Commission - Three vacancies to fill three year terms. September 1, 2002 - September 1, 2005. Applications must be received by 5:00 p.m., Wednesday, June 26. The Mayor noted the previously-announced vacancies (due to changes in the State Code): Airport Zoning Commission: Two vacancies to fill unexpired terms. One ending December 31,2003 and the other ending December $1,2005. Airpor[ Zoning Board of Adjustment: One vacancy to fill an unexpired term ending December 3"1, 2003. Applications must be received by 5:00 p.m., Wednesday, June 5. The Mayor noted the vacancy on the Historic Preservation Commission for (Moffitt Cottage District Representative) to fill a three-year term March 29, 2002 - March 29, 2005, will be readver[ised. Council Member Kanner noted that the fire insurance rating had been upgraded from 4 to 3 and that's good for Iowa City business who may see a slight decrease in insurance costs; noted the great jogging trail at Weatherby Park and stated he had spoken to Parks & Recreation Director Trueblood regarding putting up mileage or kilometer measurements. Staff will follow up; reported on the Latino Complete Description May 7, 2002 Page 7 conference held on April 27 in Iowa City and thanked John Chaisson for his efforts and noted City sponsorship from the City Manager's Office, Police Department, and Human Rights; stated his desire for continued efforts on encouraging the goals of Governor Vilsack's 20/10 report concerning Latino population in Iowa City, and asked that the matter be schedule for an upcoming Council meeting. Stall will follow up; stated the Council had agreed to discuss the present age of consent policy for police accessibility in the next few weeks; announced his office hours in the Lobby Conference Room on May 11, from 10:00 to noon. Council Member Wilburn congratulated Horace Mann instructor Stacey Medd for being recognized as one of two Teachers of the Year for Iowa City, and Teacher of the Year for the East-Central Unit of about 30 school districts as well. Council Member Vanderhoef confirmed that Council had agreed to schedule a discussion of HOME project funding policy. Majority of Council agreed. Council Member O'Donnell reviewed the Council discussion the previous evening concerning the Etc. fire and the decision by Council to send a letter to the State recommending Administrative sanctions as the most expeditious, and wished those injured in the fire a quick and complete recovery. Council Member Champion reminded citizens the Jaycees are still trying to collect funds for the July 4 fireworks and encouraged contributions; and announced that her youngest child had graduated college. Mayor Lehman congratulated Council Member and Crisis Center Director Wilburn on the successful pancake breakfast held the previous week-end. Council Member O'Donnell acknowledged the effort of radio station KCJJ in collecting 8,000 pounds of food and $4000 in donations for this community. Moved by Vanderhoef, seconded by Kanner, to adjourn 9:55 p.m. The Mayor declared the motion carried unanimously, 7/0, a~, rs p.~t. y ~-rn~gst W. Lehman, M~3yor Man'~n 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. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/16/02 Iowa City City Council Regular meeting 7:00 p.m. Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed: Equal Pay Day: April 16, Sandy Kunde, Rep. BPW accepting. Arbor Day: April 26; Crime Victims' Rights Week: April 21 - April 27, Valerie Kemp accepting; Volunteer Week: April 21 - April 27, Dana Hattin, Crisis Center Food Bank Director, accepting; Project GREEN Week: April 29 - May 5, Ann Hease, Steering Committee accepting; Crisis Center Week: April 29 - May 5, Ross Wilburn, Executive Director accepting. The Mayor presented Outstanding Student Citizen Awards to Horace Mann Elementary: Claire Paulson (introduced by Cassie Panther), Jose Gomez (introduced by teachers Stacey Medd and Tim Kemp), Ivan Osinsky (introduced by Abdullah Awad), and Cassie Panther (introduced by Claire Paulson). Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended as follows, with separate consideration of item 4(e)2 setting a public hearing for Marketplace Streetscape Project: Approval of Official Council Actions for regular meeting of April 2, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission: January 11,2001. Iowa City Airport Commission: August 9, 2001. Iowa City Board of Appeals: March 18. Iowa City Public Library Board of Trustees: February 28. Iowa City Telecommunications Commission: February 25 Recommendation to Council: Do not change the definition of gross revenues subject to franchise fees to exclude non-subscriber revenue. Parks and Recreation Commission: March 13. Planning and Zoning Commission: March 21. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Lark Restaurant, 1069 Highway 1 West. Renewals: Class C Liquor License for College Street Billiard Club, 114-116 E. College St. Class C Liquor License for Deadwood, 6 S. Dubuque St. Outdoor Service Area for Deadwood, 6 S. Dubuque St. Class C Liquor License for Sports Column, 12 S. Dubuque St. Class C Liquor License for Kitty Hawk, 1012 Gilbert Ct. Class C Liquor License for Parthenon, 320 E. Burlington St, Class C Liquor License for Sam's Pizza lC, Inc., 321 S. Gilbert St. Special Class C Liquor License for Panchero's, 32 S. Clinton St. Special Class C Liquor License for Freshmex Iowa City, LLC, Panchero's Mexican Grill, 965 S. Riverside Dr. Class A Liquor License for Loyal Order of Moose Lodge #1096, 3151 Highway 6 E. Class B Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. Class C Beer Permit for DeliMart #3, 2410 Mormon Trek Blvd. Refund for an unused portion of a Class C Liquor License for Union Bar, 121 E. College St. RES. 02-137, TO ISSUE DANCE PERMIT for Loyal Order of Moose Lodge #1096, 3151 Highway 6 E. Motions: approve disbursements in the amount of $12,710,438.94 for the period of March 1 through March 31,2002, as recommended by the Finance Director subject to audit. Official Actions April 16, 2002 Page 2 Setting Public Hearings: RES. 02-138, SETTING PUBLIC HEARING ON AMENDING THE FY2002 OPERATING BUDGET. RES. 02-139, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL 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. 02-140, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DECLARATION OF COVENANT FOR ACCESS, ELECTRIC AND SIGN EASEMENTS FOR AUDITOR'S PARCEL 2002-003. RES. 02-141, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1704 F STREET, IOWA CITY, IOWA. RES. 02- 142, ACCEPTING THE WORK FOR THE IOWA CITY TRANSIT METHANE ABATEMENT PROJECT, PHASE 2. RES. 02-143, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM L & M MIGHTY SHOP, INC., 504 E. BURLINGTON ST., IOWA CITY. RES. 02-144, ACCEPTING WAIVER OF RIGHT TO HEARING AND SUSPENDING RETAIL CIGARETTE PERMIT OF OSCO DRUG STORE, 201 SOUTH CLINTON STREET, IOWA CITY, FORA PERIOD OF THIRTY (30) DAYS. Correspondence: Linda Wotlman: Pow Wow. Scott Kading: 13 S Linn Street. Matthew Show: City and School Salaries. Mike Post: Couches and Permits for Parties and Kegs. Fred VanAllen: Response regarding Litter. James Adrian (Atlas World Grill): Sidewalk Caf~ Hours. JCCOG Traffic Engineering Planner: Change Nineteen Parking Meters in the Recreation Center Lot from 10-Hour to 2-Hour Meter Term; Installation of NO PARKING 2AM - 6 AM Signs. Hillary Sale (Neighborhood Housing Relations Task Force): Update. Distributed in Council's April 4 Information Packet: James Barrett: Proposal. Stephen Murphy: Jamba Juice. Nate Steele: Hickory Hill Improvements Costs. Sandford Jaques: Public Power Initiative. Mary Mitchell: Reception for Brian James. C. Everett Koop: Smoke free Restaurant Ordinance. Robert Dostal: Moen Project. Helene Hembreiker: Municipal Electric Utility. Alan Nagel: Camp Cardinal Road. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-145, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NORTHSIDE MARKETPLACE STREETSCAPE 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. John Neff, 2305 MacBride Dr., appeared regarding the procedure for Council consideration of beer and liquor renewals. LeRoy Bird, 4255 Sycamore St., SE, appeared regarding legislation banning under 21 from entering bars. Mike Newman requested Council consideration of banning smoking in all businesses. Julie Spears, 1019 Church, presented survey results of student aged representation on City Boards and Commissions. Moved and seconded to accept survey results. The Mayor declared the motion carried. Official Actions April 16, 2002 Page 3 Moved and seconded to set a public hearing for May 7 on an ordinance to amend Section 14-6K-2 of the Zoning Ordinance, Floodplain Management, in order to remove the requirement for fill beyond the area of a structure, update various definitions and references, and to acknowledge the new Flood Insurance Rate Map (FIRM). The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-146, AMENDING THE COMPREHENSIVE PLAN, SPECIFICALLY THE SOUTH DISTRICT PLAN, TO DEPICT THE GENERAL LCOATION OF AN EAST-WEST ARTERIAL STREET, WHICH WILL CONNECT SOUTH GILBERT STREET TO SCOTT BOULEVARD. Moved and seconded to accept correspondence from David Rust and Joy Smith. The Mayor declared the motion carried. Moved and seconded to adopt a resolution amending the Comprehensive Plan to provide for the location of large apartment in new neighborhoods and to amend the South District Plan land use map to depict multi-family development on the east side of South Gilbert Street east and south of Napoleon Park. The Mayor declared the resolution defeated. Moved and seconded to accept correspondence from David Rust and Joy Smith, The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 17.64 acres from Interim Development Single Family (ID-RS) and Interim Development Multi-Family (ID-RM) to Planned Development Housing Overlay-12 (OPDH-12) to allow 168 dwellings in 18 buildings located on the east side of Gilbert Street south of Napoleon Lane. The following individuals appeared: LeRoy Bird, 4255 Sycamore St, SE; and Atty. Mike Pugh, representing the applicant, requested withdrawal of the item for Council consideration. Moved and seconded to accept correspondence from the following individuals: David Rust and Joy Smith, Cat Fribley, Atty. Mike Pugh, and Gene Fisher, Keystone Property Management Co. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is finally passes be suspended, the first consideration and vote be waived, and that an ordinance rezoning 5.45 acres from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix Drive be given second reading at this time. The Mayor declared the motion carried. Moved and seconded to give second consideration to the ordinance. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Kevin Hanick. The Mayor declared the motion carried. Later in the meeting and after further review by the City Attorney it was determined that a three fourths majority of Council (six) is needed to waive readings on an ordinance. The item was considered and voted first consideration after item #8 of the agenda. Moved and seconded that the ordinance amending the Neighborhood Commercial, CN-1, zone to broaden the uses allowed and to revise the dimensional requirements and design provisions, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the Zoning Code, Article O, Sign Regulations, to permit portable signs in the Central Business Service, CB-2, Central Business Support, CB-5, and Central Business, CB-10, zones, be given first vote. The Mayor declared the motion carried. Moved and seconded that an ordinance rezoning 18.2 acres from Low Density Single-Family, (RS-5) to Sensitive Areas Overlay Low Density Single-Family (OSA-5) and a preliminary sensitive areas development plan for Hickory Heights, a 20-lot Official Actions April 16, 2002 Page 4 residential subdivision located west of Scott Boulevard near its intersection with Dodge Street, be be given second consideration. The following individuals appeared: Atty. Clemens Erdahl, representing Friends of Hickory Hill Park; Dianne Kaufman, 811 N. Linn, summarized a statement from David Purdy and Stacey VanZante (Friends of Hickory Hill Park Co-Chairs); LeRoy Bird, 4255 Sycamore St., SE; and Atty. Mike Pugh, representing the applicant. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Atty. Mike Pugh and David Purdy and Stacey VanZante, Friends of Hickory Hill Park Co-Chairs. The Mayor declared the motion carried. Moved and seconded to defer to May 7 a resolution approving the preliminary plat of Hickory Heights. The Mayor declared the motion carried. Moved and seconded to defer indefinitely a resolution approving the final plat of Lindemann Subdivision Part One and resolution approving the final plat of Lindemann Subdivision Part Two. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-147, APPROVING THE PRELIMINARY PLAT OF NAPOLEON HEIGHTS, IOWA CITY, IOWA. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the First Avenue Corridor Improvement project - Rochester Avenue to D Street, 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 to adopt RES. 02-148, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO D STREET, 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. Council Member Wilburn stated he had a conflict of interest and left the room. A public hearing regarding the FY03 Annual Action Plan, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps), as amended. The following individgals appeared: Gary Smith, 917 Bowery St., Housing Repair Program through Elderly Services; Marsha Acord, Associate Director, Wesley Center; Christy Canganelli, Emergency Housing Project; Kathleen Renquist, HCDC; Charlie Eastham, President, Greater Iowa City Housing Fellowship; and Bob Burns, 319 E. Washington St., Garden Prairie Project. Community Development Coordinator Nasby present for discussion. Moved and seconded to accept correspondence from Joyce Carman, President Elder Services Board of Directors; Joyce Carman, President, Susan Boyd, Vice President, and Kenneth Coleman, Board Member of Elder Services. The Mayor declared the motion carried. The Mayor stated Council would be voting on first consideration of an ordinance rezoning 5.45 acres from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix Drive, previously considered as item #6e. Moved and seconded that the ordinance be voted upon for first consideration at this time. The Mayor declared the motion carried. Mayor Lehman, Mayor Pro-tem Vanderhoef, and Council Member Champion stated they had a conflict of interest and left the meeting. Moved and seconded to appoint City Clerk as Temporary Chairperson for purposes of electing temporary Official Actions April 16, 2002 Page 5 Mayor Pro tem. The motion carried. Temporary Chair Karr now presiding. Moved and seconded to nominate Council Member Pfab as temporary Mayor Pro rem. Hearing no further nomination temporary chair Karr declared the motion carried. Temporary Mayor Pro tem Pfab now presiding for the duration of consideration of this item. Moved and seconded that the ordinance amending Title 10, entitled "Use of Public Ways and Property," by adding Chapter 10, entitled "Chutes and Vaults within the public right-of-way" to establish a system to regulate the use of chutes and vaults in the public right-of-way be given first vote. Marc Moen, 210 S. Clinton St., appeared. Temporary Mayor Pro rem Pfab declared the motion carried. Mayor Lehman, Mayor Pro rem Vanderhoef, and Council Member Champion returned to the meeting. Mayor Lehman now presiding. 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. 02-4015, AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE PARKING FEES IN IOWA CITY, IOWA be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees," chapter 4, entitled "Schedule of Fees, Rates, Charges Bonds, Fines and Penalties," Article 5, entitled "Solid Waste Disposal," of the City Code to increase certain solid waste charges be given second consideration at this time. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-149, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 3-ACRE PARCEL OF LAND ON THE WEST SIDE OF IOWA CITY ADJACENT TO SLOTHOWER ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Moved and seconded to adopt RES. 02-150, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT. Moved and seconded to adopt RES. 02-151, DIRECTING SALE OF $29,100,000 GENERAL OBLIGATION BONDS. Moved and seconded to adopt RES. 02-152, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE MORMON TREK BLVD. EXTENSION PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING. The Mayor announced the current vacancies (due to State Code changes): Airport Zoning Commission: Two vacancies to fill unexpired terms. One ending December 31,2003 and the other ending December 31,2005. Airport Zoning Board of Adjustment: One vacancy to fill an unexpired term ending December 31,2003. Applications must be received by 5:00 p.m., Wednesday, June 5. The Mayor noted the previously announced vacancy on the Historic Preservation Commission: One vacancy (Moffitt Cottage District Representative) to fill a three-year term March 29, 2002 - March 29, 2005. Applications must be received by 5:00 p.m., Wednesday, May 1. Official Actions April 16, 2002 Page 6 Moved and seconded to adjourn 10:30 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 s/Marian K. Karr, City Clerk Submitted for publication - 4~26/02 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 APRIL 16, 2002 Iowa City City Council Regular meeting 7:00 p.m. Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Nasby, O'Malley, Fosse, Long, Spitz, Knoche, Pfohl, Hightshoe. Council minutes tape recorded on Tapes 02-40 & 02-41, Both Sides. The Mayor proclaimed: Equal Pay Day: April 16, Sandy Kunde, Rep. BPW accepting. Arbor Day: April 26; Crime Victims' Rights Week: April 21 - April 27, Valerie Kemp accepting; Volunteer Week: April 21 -April 27, Dana Hattin, Crisis Center Food Bank Director, accepting; Project GREEN Week: April 29 - May 5, Ann Hease, Steering Committee accepting; Crisis Center Week: April 29 - May 5, Ross Wilburn, Executive Director accepting. The Mayor presented Outstanding Student Citizen Awards to Horace Mann Elementary: Claire Paulson (introduced by Cassie Panther), Jose Gomez (introduced by teachers Stacey Medd and Tim Kemp), Ivan Osinsky (introduced by Abdullah Awad), and Cassie Panther (introduced by Claire Paulson). Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended as follows, with separate consideration of item 4(e)2 setting a public hearing for Marketplace Streetscape Project: Approval of Official Council Actions for regular meeting of April 2, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission: January 11,2001. Iowa City Airport Commission: August 9, 2001. Iowa City Board of Appeals: March 18. Iowa City Public Library Board of Trustees: February 28. Iowa City Telecommunications Commission: February 25 Recommendation to Council: Do not change the definition of gross revenues subject to franchise fees to exclude non-subscriber revenue. Parks and Recreation Commission: March 13. Planning and Zoning Commission: March 21. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Ambiance, LLC dba Lark Restaurant, 1069 Highway 1 West. Renewals: Class C Liquor License for Daverse II, Inc., dba College Street Billiard Club, 114-116 E. College St. Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Class C Liquor License for Sports Column Corp., dba Sports Column, 12 S. Dubuque St. Class C Liquor License for Kitty Hawk, Inc., dba Kitty Hawk, 1012 Gilbert Ct. Class C Liquor License for GMD, Inc., dba Parthenon, ~,20 E. Burlington St. Class C Liquor License for Sam's Pizza lC Inc., dba Sam's Pizza lC, Inc., 321 S. Gilbert St. Special Class C Liquor License for Little Donkey's, Inc., dba Panchero's, 32 S. Clinton St. Special Class C Liquor License for Freshmex Iowa City, LLC, Panchero's Mexican Grill, 965 S. Riverside Dr. Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Highway 6 E. Class B Beer Permit for M & T Investments, Inc., dba Happy Joe's Pizza & Ice Cream Pador, 225 S. Gilbert St. Class C Beer Permit for DeliMart Corp., dba DeliMart #3, 2410 Mormon Trek Blvd. Refund for an unused portion of a Class C Liquor License for Downtown Iowa City Entertainment, LLC, dba Union Bar, 121 E. College St. RES. 02-137, Bk. 127, p. 137 TO ISSUE Complete Description April 16, 2002 Page 2 DANCE PERMIT for Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Highway 6 E. Motions: approve disbursements in the amount of $12,710,438.94 for the period of March 1 through March 31,2002, as recommended by the Finance Director subject to audit. Setting Public Hearings, Bk. 127: RES. 02-138, p. 138, SETTING PUBLIC HEARING for May7 ON AMENDING THE FY2002 OPERATING BUDGET. RES. 02-139, p.'139, SETTING A PUBLIC HEARING for May 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL 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. 127: RES. 02-140, p. 140, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DECLARATION OF COVENANT FOR ACCESS, ELECTRIC AND SIGN EASEMENTS FOR AUDITOR'S PARCEL 2002-003. RES. 02-141, p. 141, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1704 F STREET, IOWA CITY, IOWA. RES. 02- 142, p. 142, ACCEPTING THE WORK FOR THE IOWA CITY TRANSIT METHANE ABATEMENT PROJECT, PHASE 2. RES. 02-143, p. 143, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM L & M MIGHTY SHOP, INC., 504 E. BURLINGTON ST., IOWA CITY. RES. 02- 144, p. 144, ACCEPTING WAIVER OF RIGHT TO HEARING AND SUSPENDING RETAIL CIGARETTE PERMIT OF OSCO DRUG STORE, 201 SOUTH CLINTON STREET, IOWA CITY, FOR A PERIOD OF THIRTY (30) DAYS. Correspondence: Linda Wotlman: Pow Wow [staff response included]. Scott Kading: 13 S Linn Street. Matthew Show: City and School Salaries. Mike Post: Couches and Permits for Parties and Kegs. Fred VanAIlen: Response regarding Litter. James Adrian (Atlas World Grill): Sidewalk Caf6 Hours. JCCOG Traffic Engineering Planner: Change Nineteen Parking Meters in the Recreation Center Lot from 10-Hour to 2-Hour Meter Term; Installation of NO PARKING 2AM - 6 AM Signs. Hillary Sale (Neighborhood Housing Relations Task Force): Update. Distributed in Council's April 4 Information Packet: James Barrett: Proposal. Stephen Murphy: Jamba Juice. Nate Steele: Hickory Hill Improvements Costs. Sandford Jaques: Public Power Initiative. Mary Mitchell: Reception for Brian James. C. Everett Koop: Smoke free Restaurant Ordinance. Robert Dostal: Moan Project. Helene Hembreiker: Municipal Electric Utility. Alan Nagel: Camp Cardinal Road. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Kanner, to adopt RES. 02-145, Bk. 127, p. 145, SETTING A PUBLIC HEARING for May 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NORTHSIDE MARKETPLACE STREETSCAPE 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. Complete Description April 16, 2002 Page 3 Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Pfab, Wilburn, Champion, Kanner. Nays: O'Donnell, Vanderhoef, Lehman. Absent: None. John Neff, 2305 MacBride Dr., appeared regarding the procedure for Council consideration of beer and liquor renewals. LeRoy Bird, 4255 Sycamore St., SE, appeared regarding legislation banning under 21 from entering bars. Mike Newman requested Council consideration of banning smoking in all businesses. Julie Spears, 1019 Church, presented survey results of student aged representation on City Boards and Commissions. Moved by Wilburn, seconded by Vanderhoef, to accept survey results. 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 May 7 on an ordinance to amend Section 14-6K-2 of the Zoning Ordinance, Floodplain Management, in order to remove the requirement for fill beyond the area of a structure, update various definitions and references, and to acknowledge the new Flood Insurance Rate Map (FIRM). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-146, Bk. 127, p. 46, AMENDING THE COMPREHENSIVE PLAN, SPECIFICALLY THE SOUTH DISTRICT PLAN, TO DEPICT THE GENERAL LCOATION OF AN EAST- WEST ARTERIAL STREET, WHICH WILL CONNECT SOUTH GILBERT STREET TO SCOTT BOULEVARD. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from David Rust and Joy Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt a resolution amending the Comprehensive Plan to provide for the location of large apartment in new neighborhoods and to amend the South District Plan land use map to depict multi-family development on the east side of South Gilbert Street east and south of Napoleon Park. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 2/5, with the following division of roll call vote: Ayes: O'Donnell, Vanderhoef. Nays: Kanner, Lehman, Pfab, Wilburn, Champion. Absent: None. Moved by O'Donnell, seconded by Vanderhoef to accept correspondence from David Rust and Joy Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A majority of Council requested that the matter of amending the Comprehensive Plan be scheduled for an upcoming Council work session. A public hearing was held on an ordinance rezoning 17.64 acres from Interim Development Single Family (ID-RS) and Interim Development Multi-Family (ID-RM) to Planned Development Housing Overlay-12 (OPDH-12)to allow 168 dwellings in 15 buildings located on the east side of Gilbert Street south of Napoleon Lane. The following individuals appeared: LeRoy Bird, 4255 Sycamore St, SE; and Atty. Mike Pugh, representing the applicant, requested withdrawn of the item for Council consideration. Moved by O'Donnell, seconded by Pfab, to accept correspondence from the following individuals: David Rust, Joy Smith, Cat Fribley, Atty. Mike Pugh, and Gene Fisher, Keystone Property Management Co. The Mayor declared the motion carried, 7/0, all Council Members present. The Mayor noted the ordinance had been withdrawn, and no further action would be taken by the Council. Complete Description April 16, 2002 Page 4 Moved by Wilbum, 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 finally passes be suspended, the first consideration and vote be waived, and that an ordinance rezoning 5.45 acres from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix Drive be given second reading at this time. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays; Kanner, Pfab. Moved by Wilburn, seconded by O'Donnell, to give second consideration to the ordinance. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilbum. Nays: Kanner, Pfab. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from Kevin Hanick. The Mayor declared the motion carried, unanimously, 7/0, all Council Members present. Later in the meeting and after further review by the City Attorney it was determined that a three fourths majority of Council (six) is needed to waive readings on an ordinance. The item was considered and voted first consideration after item #8 of the agenda. Moved by Champion, seconded by Pfab, that the ordinance amending the Neighborhood Commercial, CN-1, zone to broaden the uses allowed and to revise the dimensional requirements and design provisions, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending the Zoning Code, Article O, Sign Regulations, to permit portable signs in the Central Business Service, CB-2, Central Business Support, CB-5, and Central Business, CB- 10, zones, be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: O'Donnell, Pfab, Wilburn, Champion, Kanner, Lehman. Nays: Vanderhoef. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, 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 finally passes be suspended, the second consideration and vote be waived, and that an ordinance rezoning 18.2 acres from Low Density Single-Family, (RS-5) to Sensitive Areas Overlay Low Density Single- Family (OSA-5) and a preliminary sensitive areas development plan for Hickory Heights, a 20-lot residential subdivision located west of Scott Boulevard near its intersection with Dodge Street, be voted on for final passage at this time. The following individuals appeared: Atty. Clemens Erdahl, representing Friends of Hickory Hill Park; Dianne Kaufman, 811 N. Linn, summarized a statement from David Purdy and Stacey VanZante (Friends of Hickory Hill Park Co-Chairs); LeRoy Bird, 4255 Sycamore St., SE; and Atty. Mike Pugh, representing the applicant. The Mayor declared the motion to expedite defeated, 4/3, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Lehman, O'Donnell. Nays: Pfab, Champion, Kanner. Absent: None. Moved by Vanderhoef, seconded by Wilburn, to give second consideration of ordinance at this time. Affirmative roll call vote, 7/0, Pfab abstaining. The Mayor declared the motion carried unanimously, 7/0 (in accordance with RES. 00-117), all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Atty. Mike Pugh and David Purdy and Stacey VanZante, Friends of Hickory Hill Park Co-Chairs. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description April 16, 2002 Page 5 Moved by Wilburn, seconded by O'Donnell, to defer to May 7 a resolution approving the preliminary plat of Hickory Heights. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer indefinitely a resolution approving the final plat of Lindemann Subdivision Par-[ One and resolution approving the final plat of Lindemann Subdivision Part Two. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to adopt RES. 02-147, Bk. 127, p. 147, APPROVING THE PRELIMINARY PLAT OF NAPOLEON HEIGHTS, IOWA CITY, IOWA, 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 First Avenue Corridor Improvement project - Rochester Avenue to D Street, 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. Individual Council Members expressed their views. Moved by Pfab, seconded by Champion, to adopt RES. 02-148, p. 127, p. 148, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO D STREET, 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The City Atty. stated after further review it was determined that a three fourths majority of Council (six) is needed to waive readings on an ordinance. Therefore, Council will not be able to expedite consideration of previous item #6e, per the request from Kevin Hanick, rezoning northwest corner of Rohret Road and Phoenix Drive. Moved by Champion, seconded by Vanderhoef, that the ordinance be voted upon for first consideration at this time. Council Member Kanner requested more time to review the matter prior to voting. The Mayor stated the item will be considered for first consideration after the next item (item #8) on the agenda. Council Member Wilbum stated he had a conflict of interest and left the room. A public hearing regarding the FY03 Annual Action Plan, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps), as amended. The following individuals appeared: Gary Smith, 917 Bowery St., Housing Repair Program through Elderly Services; Marsha Acord, Associate Director, Wesley Center; Christy Canganelli, Emergency Housing Project; Kathleen Renquist, HCDC; Charlie Eastham, President, Greater Iowa City Housing Fellowship; and Bob Burns, 319 E. Washington St., Garden Prairie Project. Community Development Coordinator Nasby present for discussion. Moved by Vanderhoef, seconded by Kanner, to accept correspondence from Joyce Carman, President Elder Services Board of Directors; Joyce Carman, President, Susan Boyd, Vice President, and Kenneth Coleman, Board Member of Elder Services. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Council Member Wilburn returned to the meeting. The Mayor stated Council would be voting on first consideration of an ordinance rezoning 5.45 acres from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Complete Description April 16, 2002 Page 6 Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix rive. Moved by Champion, seconded by Vanderhoef, that the ordinance be voted u for first consideration at this time. Affirmative roll vote unanimous, 7/0, all Members present. The Mayor declared the motion carried. Lehman, Mayor Pro-tem Vanderhoef, and Council Member Chan stated conflict of interest on the next item and left the meeting. M by O'Donnell, ,nded by Kanner, to appoint City Clerk as Temporary for purposes of ~g temporary Mayor Pro tem. The motion carried unanir 7/0, all Council present. Temporary Chair Karr now presiding, by Kanner, seconded nominate Council Member Pfab as rem Mayor Pro tem. nomination temporary chair Karr d motion carried unanimousl, )ion, Lehman, Vanderhoef, absent. ¥ Mayor Pro rem Pfab now for the duration of considerati~ of this item. Moved by O'Donnell, by Wilburn that the ordinance Title 10, entitled "Use of Public Wa, Property," by adding Chapte~ entitled "Chutes and Vaults within the public to establish a syste to regulate the use of chutes and vaults in the public be g Marc Moen, 210 S. Clinton St., appeared regarding e 4f of the ordinance reference that City approval could be withdrawn with notice. City Dilkes will review the language prior to Council voting consideration ext meeting. Affirmative roll call vote unanimous Ch~ )ion, Vanderhoef, absent. Temporary Mayor Pro tem Pfab~ motion ~rried. Mayor Lehman, Mayor Pro tern Vanderhoef, and Council returned to the meeting. Mayor Lehman now presiding. Moved by Kanner, seconded by Champ to give second consideration to the ordinance increase parking fees. ion, the seconder withdrew and the motion died for lack of a second. Moved -lerhoef, seconded by Wilburn, that the rule requiring ordinances to be consi voted on for final passage at two Council Meetings prior to the ~g finally passed be suspended, the second consideration I and that ORD. 02-4015, Bk. 45, p. 23, AMENDING TITLE FINANCES, TA~TION AND FEES," CHAPTER 4, "SCHEDULE OF FEES 'ES, CHARGES,~3ONDS, FINES AND PENALTIES" OF THE CITY CODE, INCREASE PARKING FEES IN IOWA CITY, IOWA be voted on for final passage this time. Parking and T~ransit Director Fowler present for discussion. Individual ~ncil Members expressed ~eir views. The Mayor declared the motion card, with the following divisior~of roll call vote: Ayes: Vanderhoef, Wilburn, Lehman, O'Donnell, Pfab."~lays: Kanner. Absent: None. Moved seconded by O'Donnell, that~e ordinance be adopted roll call vote unanimous, 7/0, all Council Members present. The Ma, ~nce adopted. Moved by Wilburn ~conded by Vanderhoef, that the rule requiring ordinances to be consid~and voted on for final passage at two Coun(~il Meetings prior to the meeting at,it is to be finally passed be suspended, the ~econd consideration and and that the ordinance amending Title 3, entitled "City Finances and Fees," chapter 4, entitled "Schedule of Fees, Rates, Charges Bonds, Fi and Penalties," Article 5, entitled "Solid Waste Disposal," of the City Code to certain solid waste charges be voted on for final passage at this time. :1 the motion defeated, 5/2, with the following division of roll call vote Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab, Kanner by Vanderhoef, seconded by Kanner that the ordinance be Complete Description April 16, 2002 Page 7 given second consideration at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-149, Bk. 127, p, 149, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 3-ACRE PARCEL OF LAND ON THE WEST SIDE OF IOWA CITY ADJACENT TO SLOTHOWER ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. City Engr. Fosse present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by Champion to adopt RES. 02-150, Bk. 127, p. 45, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 02-151, Bk. 127, p. 151, DIRECTING SALE OF $29,100,000 GENERAL OBLIGATION BONDS to RBC Dain Rauscher Inc. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Champion to adopt RES. 02-152, Bk. 127, p. 152, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE MORMON TREK BLVD. EXTENSION PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING for May 21. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None. The Mayor announced the current vacancies (due to State Code changes): Airport Zoning Commission: Two vacancies to fill unexpired terms. One ending December 31,2003 and the other ending December 31,2005. Airport Zoning Board of Adjustment: One vacancy to fill an unexpired term ending December 31, 2003. Applications must be received by 5:00 p.m., Wednesday, June 5. The Mayor noted the previously announced vacancy on the Historic Preservation Commission: One vacancy (Moffitt Cottage District Representative) to fill a three-year term March 29, 2002 - March 29, 2005. Applications must be received by 5:00 p.m., Wednesday, May 1. Council Member Kanner announced a series of events happening for Earth Week 2002; stated the Senior Center was seeking nomination for the 2002 Senior Distinction Award, and nominations must be received by April 19. Council Member Wilburn thanked the City Manager and Finance Director for helping the Council make decisions necessary for securing a Aaa bond rating for the recent bond sale. Council Member Champion requested Council schedule discussion of committing to the opening of First Avenue on a specific date. The matter will be scheduled. City Mgr. Atkins stated the Economic Development meeting scheduled for Thursday morning (April 18) had been cancelled; and asked Council schedule an upcoming work session to discuss the $40,000 budget reduction at the Senior Center. Council directed staff to schedule the discussion. Complete Description April 16, 2002 Page 8 Council Member Kanner requested a copy of the proposed agreement with Elder Services for Senior Dining; and noted discussion should be scheduled on the ground rules/procedure for Council discussion of public power possibilities. Staff will provide a memo on the public power discussion. Moved by Vanderhoef, seconded by Pfab, to adjourn 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk