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HomeMy WebLinkAbout2002-07-16 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 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, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Kart, O'Malley, Morris, Franklin, Shank, Henries, Long, Fosse, Tallman, Fowler, O'Brien, Lower, Humston. Council minutes tape recorded on Tape 02-59, Side 2; Tape 02-62, Both Sides; Tape 02-63, Side 1. The Mayor proclaimed: Community Development Day, July 18, Amy Correia, HCDC, accepting; Irving B. Weber Day, August 10, Judy Terry, Iowa City Noon Lions Club, accepting; Persons with Disabilities Day, July 27, the Mayor noted he would be presenting the proclamation at the ADA Celebration on the 27t~at 10:30 a.m. at Hickory Hill Park. Moved by O'Donnell, 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 special meeting of July 2, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Public Library Board of Trustees: May 23. Police Citizens Review Board: April 15. Police Citizens Review Board: June 11. Planning and Zoning Commission: June 6. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for MPLS Hotel Management Ltd., dba TGI Friday's Iowa City, 2208 N Dodge St. Renewals: Class C Liquor License for KLDP, Inc., dba One Twenty Six, 126 E. Washington St. Class C Liquor License for Green Room, Inc., dba Green Room, 509 S. Gilbert St. Class C Liquor License for Iowa City Aerie No. 695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 W. Class C Liquor License for J.S. Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St. Outdoor Service Area for J. S. Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St. RES. 02-244, Bk. 128, p. 244, TO ISSUE DANCE PERMITS to Green Room, Inc., dba Green Room, 509 S. Gilbert St.; Iowa City Aerie No. 695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 W. Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St. Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College. Setting Public Hearings, Bk. 128: RES. 02-245, p. 245, SETTING A PUBLIC HEARING for August 20 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT RE-ROOFING 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. 02-246, p. 246, SETTING A PUBLIC HEARING for August 20 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 LANDSCAPE 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. Complete Description July 16, 2002 Page 2 Resolutions, Bk. 128: RES. 02-247, p. 247, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 3309 TULANE AVENUE, IOWA CITY, IOWA. RES. 02-248, p. 248, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE OF A PERMANENT SANITARY AND STORM SEWER EASEMENT LOCATED WITHIN THE VACATED WOOLF AVENUE RIGHT-OF-WAY. Correspondence: Bev Soukup-Platz: Sidewalks [staff response included]. Dori Ribeiro de Oliveira: The Human Condition. Marl Roseman: Fountain [staff response included]. Tim Kelly: Minor League Baseball in Iowa City. Caroline Dieterle: Resolution Request. Caroline Dieterle: Terrorism. Margaret Wieting (JC Historical Society): Appreciation. John Evans: Taxi License. JCCOG Traffic Engineering Planner: Installation of a YIELD sign at the Intersection of B'jaysville Lane and North Dubuque Street Frontage Road. Council Member Kanner noted correspondence concerning the downtown fountain being turned off on Friday night for the concert series, and stated his preference the fountain remain on; suggested ICAD approach Tim Kelly on starting a minor league baseball team in Iowa City; and requested Council schedule discuss of the suggestion by Caroline Dierterle to pass a resolution responding to the patriot act, Council requested more information on the proposal. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jay Honohan, Senior Center Commission, updated Council on activities at the Center and invited them to attend the discussion on financing options of the 28E agreement at the Johnson County Board of Supervisors meeting, Thursday, July 18 at 9;30 a.m. Carol Spaziani, Public Power Initiative for Iowa City, thanked Council for their support to not renew the electrical franchise and to fund a feasibility study regarding municipal ownership. Moved by Pfab, seconded by Vanderhoef, to accept correspondence from Ms. Spaziani. ']'he Mayor declared the motion carried unanimously, 7/0, all Council Members present. Gary Sanders requested permission to address Council concerning item #17 (Block 64-1a/Plazas Towers/Moen) as he would be unable to stay until that item was discussed. Mr. Sanders proposed a large downtown park for the parcel and stated his intent to give the City his lottery winnings should he win the next evenings lottery. A public hearing was held on an ordinance vacating 32,710 square feet of frontage road right-of-way along the front of the property at (Carousel Motors) 801 Highway 1 West. No one appeared. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Ken Williamson and Thomas Hobart. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, that the ordinance vacating 32,710 square feet of frontage road right-of-way along the front of the property at 801 Highway 1 West, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent: None. Mayor Lehman left the room due to a conflict of interest. Mayor Pro tern Vanderhoef presiding. A public hearing was held on an ordinance changing the zoning designation from Medium Density Single-Family, RS-8 and Low Density Multi- Family, RM-12 to Planned Development Overlay, OPDH-20 to allow 43 elder congregate housing units on 2.12 acres (Oaknoll) of property located north of Benton Complete Description July 16, 2002 Page 3 Street and east of George Street. Atty. Robert Downer, representing the applicant, appeared. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Atty. Robert Downer. The Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman abstaining. Moved by Wilburn, seconded by O'Donnell, that the ordinance changing the zoning designation from Medium Density Single-Family, RS-8 and Low Density Multi- Family, RM-12 to Planned Development Overlay, OPDH-20 to allow 43 elder congregate housing units on 2.12 acres of property located north of Benton Street and east of George Street (Oaknoll), be given first vote. The Mayor Pro tem declared the motion carried, 5/1, with the following division of roll call vote. Ayes: Champion, Kanner, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Abstaining: Lehman. Mayor Lehman returned to the meeting and now presiding. A public hearing on an ordinance changing the zoning designation from Medium Density Single Family, RS-8, to Historic Preservation Overlay-Medium Density Single Family, OHP-RS-8, designating 3 acres (Buss) of property located at 747 West Benton Street a Historic Landmark. William Buss appeared. A public hearing on an ordinance changing the zoning designation from General Industrial, I-1, to Intensive Commercial, C1-1, for 1.14-acres located west of Riverside Drive south of Commercial Drive (Gringer). No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from David and Karen Baculis. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing on an ordinance amending the Planned Development Housing (OPDH-12) preliminary plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly residents on 12.18 acres located east of Scott Boulevard and south of American Legion Road. No one appeared. A public hearing on an ordinance changing the zoning designation from Medium Density Single Family Residential, RS-8, to Planned Development Housing Overlay, OPDH-8, for Windsor Ridge, Part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West Branch Road. Gary Watts, Arlington Development, appeared. Moved by Vanderhoef, seconded by O'Donnell, to continue public hearing to August 20. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing on an ordinance changing the zoning designation from Low Density Single Family, RS-5, to Planned Development Housing Overlay, OPDH-5, to allow 23 single-family lots and 13 townhouse-style units in Village Green, Part XXII, a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive. No one appeared. Moved by Vanderhoef, seconded by Champion, that the ordinance changing the zoning designation from Neighborhood Conservation, RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation, SAO-RNC-20, for a 0.41-acre property located at 341 N. Riverside Drive, be given first vote. Site Engr. Ralph Stoffer appeared. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from: Sonia Ettinger, William Prowell, Tom Schalz, Tom Southard, Charles Wunder, Thomas Staley, John Menninger, Susan Frye, Start and Kara Fellows. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, that the ordinance amending Title 14, Chapter 6, Article K, Section 1, Sensitive Areas Ordinance to amend Complete Description July 16, 2002 Page 4 definition of wetlands and regulate isolated wetlands, be given first vote. Moved by Kanner that the ordinance be amended to include activities that disturb one tenth to one half acres if wetlands would be subject to compensatory mitigation or payment in lieu of mitigation. Final approval of the mitigation plan or payment in lieu of mitigation shall be made by the Iowa City Planning and Community Department Director. The Mayor declared the amendment defeated for lack of a second. Individual Council Members expressed their views. The Mayor declared the ordinance defeated, 2/5, with the following division of roll call vote. Ayes: Wilburn, Pfab. Nays: Kanner, Vanderhoef, Champion, O'Donnell, Lehman. Absent: None. Moved by Champion, seconded by O'Donnell, to accept correspondence from: Russell Bennett, Becky Soglin. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Holly Berkowitz, 612 Granada Court, appeared. Moved by Champion, seconded by Vanderhoef, that the zoning designation from Low Density Multi-Family Residential, RM-12, to Sensitive Areas Overlay-Low Density Multi-Family Residential, SAO-RM-12, for Lot 2 of First and Rochester subdivision, Part 1, a 38,041 square-foot property located west of First Avenue, north of Rochester Street, be given second vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, · Vanderhoef, Wilburn, Champion. Nays: Pfab, Kanner. Absent: None. A public hearing was held on a lease agreement between the City of Iowa City and Nextel WlP Lease Corp. for use of Capitol Street Parking Ramp space for an equipment shelter and space on the exterior of the elevator penthouse for antenna use. Alex Novak, Novation Group Consulting, appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-249, Bk. 128, p. 249, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEXTEL WlP LEASE CORP. FOR USE OF CAPITOL STREET PARKING RAMP SPACE FOR AN EQUIPMENT SHELTER AND SPACE ON THE EXTERIOR OF THE ELEVATOR PENTHOUSE FOR ANTENNA USE IN ACCORDANCE THEREWITH. 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 Voice Communications Phase 2 Outside Plant Package 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 Champion, seconded by Vanderhoef, to adopt RES. 02-250, Bk. 128, p. 250, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE VOICE COMMUNICATIONS PHASE 2 OUTSIDE PLANT PACKAGE 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. 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 Animal Shelter HVAC Project: Phase II, 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. 02-251, Bk. 128, p. 251, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE ANIMAL SHELTER HVAC Complete Description July 16, 2002 Page 5 PROJECT: PHASE II, 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 appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing approving plans, specifications, form of contract, and estimate of cost for construction of the 2002 Curb Ramp 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 Wilburn, seconded by Vanderhoef, to adopt RES. 02-252, Bk. 128, p. 252, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 2002 CURB RAMP 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. Council requested a progress report on the program. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Member Wilburn left the room due to a conflict of interest. A public hearing was held on amendments to the FY02 and FY03 Annual Action Plan Budgets, that are sub-parts of Iowa City's 2001-2006 Consolidated Plan (City Steps) as amended, authorizing the City Manager to submit said amendments and all necessary documents 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. The following individuals appeared: Michael Wright, 815 Roosevelt St., Longfellow Neighborhood; Jeff Schabilion, 431 Rundell, Longfellow Neighborhood. Four Council Members stated they did not support the Metro Plains proposal to build in the Longfellow Neighborhood. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from: Margaret Teraberry Halverson, Doris Isenbarger, Marianne Wilkening, Alaina Welsh, Dawn Moore. The Mayor declared the motion carried unanimously, 6/0, Wilburn abstaining. Moved by Vanderhoef, seconded by Champion, to adopt a resolution approving amendments to the FY02 and FY03 Annual Action Plan budgets, that are sub-parts of Iowa City's 2001-2006 Consolidated Plan (City Steps) as amended, authorizing the City Manager to submit said amendments and all necessary documents 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 Champion, to amend the plan by placing the recaptured dollars that has been allocated to the Metro Plains project into contingency and go back out for new proposals for those dollars, as stated in option three of PCD Director Franklin's memo. PCD Director Franklin present for discussion. Individual Council Members expressed their views. Original motion withdrawn. Moved by O'Donnell, seconded by Kanner, to defer the resolution indefinitely and refer it back to HCDC for option three of PCD Director Franklin's memo. The Mayor declared the motion to defer carried, 5/1, Pfab voting "no", Wilburn abstaining. Council Member Wilburn returned to the meeting. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Section 14, Chapter 5, Article a, Building Code, by adopting the International Building Code, 2000 Edition, and the International Residential Building Code, including Appendix F Radon Control Methods, 2000 Edition, published in cooperation with the Complete Description July 16, 2002 Page 6 International Conference of Building Officials, Building Officials and Code Administrators International, Inc., and the Southern Building Code Congress International, Inc., and providing for certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa, be given first reading. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Pfab, to accept correspondence from William Field. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2000 Edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of building and premises in the City of Iowa City; providing for the issuance of permits for hazardous uses or operations; repealing ordinance no. 99-3869 of the Iowa City Code and all other ordinances and parts of the ordinances in conflict therewith, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion, Kanner. Nays: Pfab. Absent: None. Moved by Pfab, seconded by Vanderhoef, to accept correspondence from Robin and Jim Torner. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, that the ordinance amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2000 Edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, that the ordinance amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 2000 Edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council Member Vanderhoef stated she would be in favor of collapsing the readings of the building ordinances at the next meeting. After discussion, there was not 6 Council Members supporting the suggestion. The Mayor stated Council policy is to schedule a special formal preceding the next work session (August 19) for second readings, with final readings scheduled at the next formal (August 20). Moved by Pfab, seconded by Champion, that the ordinance amending Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Article I entitled "Licensing" to establish a centralized procedure for existing licensing requirements and to establish licensing requirements for the design, installation, and maintenance of fire sprinklers and for the installation and maintenance of fire alarms, be given first vote. Sr. Bldg. Inspector Hennes present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description July 16, 2002 Page 7 Moved by Champion, seconded by O'Donnell, that the ordinance amending City Code Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new article M entitled "Appeals" to establish a uniform procedure for appeals of the Building, Plumbing, Electrical, Mechanical, and Fire Codes, 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 Champion, to adopt RES. 02-253, Bk. 128, p. 253, ACCEPTING THE PROPOSAL BY PLAZA TOWERS, LLC AND MARC MOEN, MONICA MOEN AND MICHAEL MOEN TO PURCHASE CERTAIBN PROPERTY LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT URBAN RENEWAL AREA, APPROVING AN AGREEMENT FOR THE IMPROVEMENT AND SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE PLAZA TOWERS, LLC AND MARC MOEN, MONICA MOEN, AND MICHAEL MOEN AND AUTHORIZING EXECUTION OF REQUIRED DOCUMENTS. The following individuals appeared: Byron Ross, 1488 Cromwell Place; Kevin Perez, 161 Columbia Drive; Kathy Cochran, 1815 1/2 High Street; Colin Gordon, 1122 Rochester Avenue; Dick Larew; Brandon Ross. John Hintze, Ahlers Law Firm, representing the City present for discussion. Moved by Pfab, seconded by Kanner, to defer until August 20. The Mayor declared the motion to defer defeated, 5/2, with the following show of hands: Ayes: Kanner, Pfab. Nays: Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Absent: None. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Wilburn. Nays: Kanner, Pfab, Vanderhoef. Absent: None. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from Byron Ross. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-254, Bk. 128, p. 254, INTENT TO CONVEY 32,710 SQUARE FEET OF VACATED FRONTAGE ROAD RIGHT-OF-WAY ALONG THE FRONTAGE OF 801 HIGHWAY 1 WEST, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR AUGUST 20 (Carousel Motors). Individual Council Members expressed their views. 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 Pfab, seconded by Champion, to adopt RES. 02-255, Bk. 128. p. 255, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIRE STATION 3 ADDITION AND RENOVATION PROJECT to Moore Construction for $122,690.00. Architectural Services Staff Member Morris present for discussion. 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. 02-256, Bk. 128, p. 256, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. 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 accept correspondence from Dale Yocum. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description July 16, 2002 Page 8 Moved by Champion, seconded by O'Donnell, to adopt RES. 02-257, Bk. 128, p. 257, AUTHORIZING EXECUTION OF A SECOND REVISED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE REGARDING CERTAIN OBLIGATIONS INVOLVING THE IOWA RIVER POWER DAM RENOVATION PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted no applications had been received for the two vacancies on the Airport Zoning Commission to fill unexpired terms ending December 31,2005 and one vacancy to fill an unexpired term ending December 31,2003 on the Airport Zoning Board of Adjustment, and all three would be readvertised. The Mayor announced the previously-announced vacancies: Airport Commission: One vacancy to fill an unexpired term ending March 1,2004; Historic Preservation Commission: One vacancy to fill an unexpired term ending March 29, 2003 representing the College Green District; Housing and Community Development Commission: One vacancy to fill an unexpired term ending September 1, 2003. Applications must be received by 5:00 p.m., Wednesday, August 14, 2002. Council Member Kanner stated he would be holding office hours on Saturday, July 20, in the Lobby Conference Room of the Civic Center; requested an update on when the age of consent would be scheduled for Council discussion, the City Mgr. stated the item was on the list for future work session but it was a matter of scheduling and that the Mayor determines the final agenda; and noted the 170thh anniversary of the massacre of Black Hawks people in Wisconsin and asked interested people to call him regarding this observance and the connection to the U.S. imperialism in Columbia. Council Member Wilbum reminded citizens of the events planned for Irving Weber Days. Council Member Vanderhoef and Mayor Lehman noted the celebrations observing the ribbon cutting of the Hickory Hill Park Trails and ADA on Saturday, July 27 at 10:30 a.m. The City Manager noted at 9:00 a.m. the same day would be ceremonies for the City's Universal Home. Council Member O'Donnell stated the July 4th fireworks event was tremendous and asked that a letter thanking the Jaycees be sent; wished Mayor Lehman a Happy Birthday; and stated the next City Council meeting would be in 30 days. Council Member Champion said she thought the new Police website was the best public relationships for the Police and it was well worth reviewing; and wished Council Member O'Donnell a Happy Birthday Thursday. Mayor Lehman reiterated activities on Saturday, July 27, starting with the ribbon cutting of the City's universal home at 9:00 a.m., and the Hickory Hill Park trails and Americans with Disabilities Celebration at 10:30. Moved by O'Donnell, seconded by Vanderhoef,to adjourn 10:15 p.m. The Mayor declared the motion carried unanimously, ~,/~ C,~cil Membe~r/~t. "'Ern'est ~/V. Lel~man, I~yor Ma~iaTn-'K. Karr, Ci~; Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 7/2/02 Iowa City City Council regular meeting, 7:00 p.m. Civic Center. Mayor Lehman presiding. Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Sheriff Ted Kamatchus, a member of the Commission on Accreditation for Law Enforcement Agencies presented a Certificate of Accreditation to the Iowa City Police Department. Police Chief Winkelhake and Sgt. Hurd present. Finance Director ©'Malley accepted the Certificate of Achievement for Excellence in Financial Reporting, and acknowledged members of the City Accounting Division for their efforts. He also noted the retirement of Asst. Controller Regina Schreiber after 33 years of service and invited everyone to a reception honoring her on July 9. 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 special meeting of June 11, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission: April 25. Historic Preservation Commission: May 9. Housing and Community Development Commission: April 16. Housing and Community Development Commission: May 16. Iowa City Airport Commission: May 16. Iowa City Board of Adjustment: May 8. Iowa City Board of Appeals: May 20. Iowa City Board of Appeals: June 11 Recommendation: Adopt the 2000 International Fire Code with Approved Local Amendments. Iowa City Civil Service Commission: May 24. Iowa City Human Rights Commission: May 28. Parks and Recreation Commission: June 12. Planning and Zoning Commission: May 16. Permit Motions and Resolutions as Recommended by the City Clerk. New: Outdoor Service Area for Diamond Dave's, 201 S. Clinton St. Renewals: Class C Liquor License for Airliner, 22 S. Clinton St. (Renewal) Correspondence included in Council packet. Special Class C Liquor License for Zio Johno's Spaghetti House, 953 S. Riverside Dr. Class C Liquor License for Wig & Pen Pizza Pub, 1220 Highway 6 West. Outdoor Service Area for Wig & Pen Pizza Pub, 1220 Highway 6 West. Special Class C Liquor License for Masala, 9 S. Dubuque St. Class C Liquor License for Memories, 928 Maiden Lane. Class C Liquor License for Vito's, 118 E. College St. Class E Liquor License for Hartig Drug Store #10,701 Mormon Trek Blvd. Class B Wine Permit for Hartig Drug Store #10, 701 Mormon Trek Blvd. Class C Beer Permit Hartig Drug Store #10, 701 Mormon Trek Blvd. Class E Liquor License for Eagle Food Center #157, 600 N. Dodge St. Class C Beer Permit for Gasby's East, 2303 Muscatine Ave. Class C Beer Permit Kum & Go #422,513 S. Riverside Dr. RES. 02-222, TO ISSUE CIGARETTE PERMITS. RES. 02-223, TO ISSUE DANCE PERMIT to Memories, 928 Maiden Lane. New: Class C Liquor License for Etc., 118 S. Dubuque St. RES. 02-223, TO ISSUE DANCE PERMIT for Etc., 118 S. Dubuque St. Motions: Approve disbursements in the amount of $15,297,879.87 for the period of April 1 through April 30, 2002, and disbursements in the amount of $17,868,151.67 for the period of May 1 through May 31,2002, as recommended by the Finance Director subject to audit. Official Actions July 2, 2002 Page 2 Setting Public Hearings: RES. 02-224, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE VOICE COMMUNICATIONS PHASE-2 OUTSIDE PLANT PACKAGE 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. 02-225, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ANIMAL SHELTER HVAC PROJECT: PHASE II, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 02-226, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2002 CURB RAMP 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. 02-227, OF INTENT TO APPROVE A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEXTEL WlP LEASE CORP. FOR USE OF CAPITOL STREET PARKING RAMP SPACE FOR AN EQUIPMENT SHELTER AND SPACE ON THE EXTERIOR OF THE ELEVATOR PENTHOUSE FOR ANTENNA USE, AND SETTING A PUBLIC HEARING FOR JULY 16, 2002. Resolutions: RES. 02-228, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1208 GINTER AVENUE, IOWA CITY, IOWA. RES. 02-229, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1436 ABER AVENUE, IOWA CITY, IOWA. RES. 02-230, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 630 WHITING AVENUE, IOWA CITY, IOWA. RES. 02-231, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA STORM SEWER AND DRAINAGE EASEMENT AGREEMENT LOCATED ON LOT 1 OF RUPPERT SUBDIVISION PART ONE. RES. 02-232, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT FACILITY FOR W.B. DEVELOPMENT, IOWA CITY, IOWA. RES. 02-233, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. RES. 02-234, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE- BAY STATES L. L. C., AND MIKE AND MARTY ENT. D/B/A QUINTON'S BAR AND DELI FOR A SIDEWALK CAFE. RES. 02-235, ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD IMPROVEMENT - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT - STP- U-3715(618)--70-52. Official Actions July 2, 2002 Page 3 Correspondence: Tom Saterfiel regarding Sidewalk Concerns [staff responses included]. Judy Pfohl regarding Kiwanis Park. Cadet Miller regarding Arts Fest and Youth Activities [staff response included]. Chris Rohret regarding Iowa City's Smoking Ban. Joe Deschenes regarding City Council Meetings. Rick Kaster regarding Inspections [staff response included]. Emily Thurman regarding Grass/Weeds Along Scott Blvd [staff response included]. Brian Globokar regarding First Avenue/Court Street Construction [staff response included]. Tim Leaven regarding Bus Service to Hunters Run [staff response included]. Kevin Hochstedler (Home Builders Association) regarding 2002 Parade of Homes. Tom Carter regarding Book . Linda Dellsperger regarding Manville Heights Traffic. Ruth Baker regarding Neighborhood Housing Relations Task Force Recommendations. Tim Toomey regarding Neighborhood Housing Relations Task Force Recommendations. Bruce Maurer regarding Friendship Street/First Avenue Intersection [staff response included]. John Beasley regarding Appreciation. Caroline Dieterle regarding Pesticides. Robert Dostal regarding Plaza Towers and Englert Theatre [City Manager response included]. Robert Dostal regarding Midwest High Speed Rail Coalition. Les Weber (CAFe) regarding No Smoking Ordinance. Dan Lechay regarding Height Restrictions for Downtown Buildings. Hillary Sale (Neighborhood Housing RelationsTask Force) regarding Proposed Initiatives/Report of Task Force. Civil Service Commission regarding Firefighter List [see Commission minutes of May 24 for further information]. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING HERE TO CORNER Sign on the East Side of the 100 Block of North Johnson Street; Installation of Two NO PARKING CORNER TO HERE Signs and Two NO PARKING BETWEEN SIGNS on the West Side of North Van Buren Street; Installation of One NO PARKING HERE TO CORNER Sign and One NO PARKING HERE TO DRIVEWAY Sign on Bloomington Street. Tim Holman regarding Housing Relations Task Force Proposals. Barbara Buss regarding Housing Relations Task Force. Cecile Kuenzli regarding Housing Task Force Recommendations. Paula and Lowell Brandt regarding Housing Task Force. Robert Hilton regarding Housing Relations Task Force. Margaret and Chuck Felling regarding Housing Relations Task Force. Nick Herbold and Matt Blizek regarding Housing Relations Task Force. Michael Wright regarding Housing Task Force. The Mayor declared the motion carried. Senior Center Commissioner Deborah Schoenfelder updated Council on activities at the Senior Center. Zeke Palnick, 833 Longfellow Place, appeared regarding the proposed housing development near Longfellow Place. The Mayor noted the item would be discussed later in the meeting as agenda item #6. Jim Walters, 1033 E. Washington St., appeared regarding City urban renewal parcel 64-1a/Moen Project. Moved and seconded to set a public hearing for July 16 on an ordinance changing the zoning designation from Medium Density Single Family, RS-8, to Historic Preservation Overlay-Medium Density Single Family, OHP-RS-8, (Buss) designating 3 acres of property located at 747 West Benton Street a Historic Landmark. The Mayor declared the motion carried. Moved and seconded to set a public hearing for July 16 on an ordinance changing the zoning designation from General Industrial, I-1, to Intensive Commercial, C1-1, for 1.34-acres (Gringer) located west of Riverside Drive south of Commercial Drive. The Mayor declared the motion carried. Mayor Lehman left the room due to a conflict of interest. Mayor Pro tern Vanderhoef presiding. Moved and seconded to set a public hearing for July 16 on an Official Actions July 2, 2002 Page 4 ordinance changing the zoning designation (Oaknoll) from Medium Density Single- Family, RS-8 and Low Density Multi-Family, RM-12 to Planned Development Overlay, OPDH-20 to allow 43 elder congregate housing units on 2.12 acres of property located north of Benton Street and east of George Street. The Mayor Pro tem declared the motion carried. Mayor Lehman returned to the meeting and now presiding. Moved and seconded to set a public hearing for July 16 on an ordinance amending an OPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly residents. The Mayor declared the motion carried. Moved and seconded to set a public hearing for July 16 on an ordinance changing the zoning designation from Medium Density Single Family Residential, RS-8, to Planned Development Housing Overlay, OPDH-8, for Windsor Ridge, Part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West Branch Road. The Mayor declared the motion carried. Moved and seconded to set a public hearing for July 16 on an ordinance changing the zoning designation from Low Density Single Family, RS-5, to Planned Development Housing Overlay, OPDH-5, to allow 23 single-family lots and 13 townhouse-style units in Village Green, Part XXII, a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive. The Mayor declared the motion carried. Moved and seconded to set a motion setting a public hearing for July 16 on an ordinance vacating 32,526 square feet of frontage road right-of-way along the front of the property at 801 Highway 1 West. The Mayor declared the motion carried. A public hearing was held on an ordinance changing the zoning designation from Neighborhood Conservation, RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation, SAO-RNC-20, for a 0.41-acre property located at 341 N. Riverside Drive. The following individuals appeared: Betsy Boyd, 508 River St.; John Shaw, 437 S. Summit, architect for the project; Gary Klinefelter, 11311131 E. Washington, Project Manager; Atty. Bill Prowell, representing neighbor Casey Mahon; Cindy Parsons, co- owner of the project; Bernard Sorofman, 403 Beldon Ave.; Evelyn Acosta Weirich, 630 W. Park Rd.; Susan Frye, 816 River St. Moved and seconded to accept correspondence from Marty Sutcliffe and Chris Jensen. The Mayor declared the motion carried. Moved and seconded to defer to July 16, an ordinance amending the Sensitive Areas Ordinance to regulate isolated wetlands. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Dan Smith, Becky Soglin, Lori Goetsch. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation from Low Density Multi-Family Residential, RM-12, to Sensitive Areas Overlay-Low Density Multi-Family Residential, SAO-RM-12, for Lot 2 of First and Rochester subdivision, Part 1, a 38,041 square-foot property located west of First Avenue, north of Rochester Street, be given first vote. The Mayor declared the motion carried. Moved and seconded that ORD. 02-4022, AMENDING TITLE 14, CHAPTER 6, ARTICLE K, FLOOD PLAIN MANAGEMENT ORDINANCE TO AMEND DEFINITION OF LOWEST FLOOR; AND DEFINITION OF SUBSTANTIAL DAMAGE; AMEND APPLICATION AND INTERPRETATION OF PROVISIONS; AMEND FLOOD PLAIN MANAGEMENT STANDARDS, be passed and adopted. Moved and seconded to defer indefinitely, a resolution approving an amended preliminary plat and a final plat of Wild Prairie Estates, Part 4, a 35.86-acre, 23-1ot residential subdivision located north of Goldenrod Drive and west of Duck Creek Drive. The Mayor declared the motion carried. Official Actions July 2, 2002 Page 5 Moved and seconded to adopt RES. 02-236, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF LACINA MEADOWS, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 02-237, APPROVING PRELIMINARY AND FINAL PLAT OF HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA. Council Member Wilburn left the meeting due to a conflict of interest. A public hearing was held on a resolution approving amendments to the FY02 and FY03 Annual Action Plan budgets, that are sub-parts of Iowa City's 2001-2006 Consolidated Plan (City Steps) as amended, authorizing the City Manager to submit said amendments and all necessary documents 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. The following individuals appeared: Jeanne Kelsey, Metro Plains Development; Zeke Palnick, 833 Longfellow Place; Marianne Wilkening, 812 Longfellow Ct.; and Bob Burns, 319 E. Washington St. Moved and seconded to continue public hearing to July 16. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Jeanne Kelsey, Catherine Shaw, Margaret Teraberry Halverson, and Marianne Wilkening, and Bob Burns. The Mayor declared the motion carried. Council Member Wilbum returned to the meeting. A public hearing was held on an ordinance amending Section 14, Chapter 5, Article A, Building Code, by adopting the International Building Code, 2000 Edition, and the International Residential Building Code, including Appendix F Radon Control Methods, 2000 Edition, published in cooperation with the International Conference of Building Officials, Building Officials and Code Administrators International, Inc., and the Southern Building Code Congress International, Inc., and providing for certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. Dan Smith, Greater Iowa City Home Builders Association, appeared. Moved and seconded to accept correspondence from Kevin Hochstedler. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2000 Edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of building and premises in the City of Iowa City; providing for the issuance of permits for hazardous uses or operations; repealing Ordinance No. 99-3869 of the Iowa City Code and all other ordinances and parts of the ordinances in conflict therewith. A public hearing was held on an ordinance amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2000 Edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations. A public hearing was held on an ordinance amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 2000 Edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa. A public hearing was held on an ordinance amending Title 14, Entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Official Actions July 2, 2002 Page 6 Article I entitled "Licensing" to establish a centralized procedure for existing licensing requirements and to establish licensing requirements for the design, installation, and maintenance of fire sprinklers and for the installation and maintenance of fire alarms. A public hearing was held on an ordinance amending City Code Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new article m entitled "Appeals" to establish a uniform procedure for appeals of the Building, Plumbing, Electrical, Mechanical, and Fire Codes. A public hearing was held on the City's intent to proceed with and authorizing the acquisition of property rights for the Mormon Trek Boulevard Extension Project. The following individuals appeared: John Dane, 4082 Dane Rd. SE; George Dane, 715 Benton Court; and Robert Wolf. Moved and seconded to accept correspondence from James Davis, John Dane, and George Dane. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-238, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE MORMON TREK BOULEVARD EXTENSION PROJECT. Moved and seconded that ORD. 02-4023, AMENDING THE CITY CODE TITLE 10, "PUBLIC WAYS," CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, "USE OF SIDEWALK CAFES" TO ALLOW SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT, be passed and adopted. Moved and seconded that ORD. 02-4024, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE LOWER MUSCATINE ROAD & HIGHWAY 6 URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. Moved and seconded that ORD. 02-4025, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE INDUSTRIAL PARK ROAD URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. Moved and seconded that ORD. 02-4026, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE HEINZ ROAD URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. Official Actions July 2, 2002 Page 7 Moved and seconded to adopt RES. 02-239, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY FY02 CELL CONSTRUCTION PROJECT. Moved and seconded to adopt RES. 02-240, APPROVING THE ACQUISITION OF PROPERTY FOR THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO "D" STREET. Council Member Wilburn left the meeting due to a conflict of interest for the next two items. Moved and seconded to adopt RES. 02-241, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS ($41,011); CRISIS CENTER ($40,600); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($54,256); EMERGENCY HOUSING PROJECT ($14,000); FREE MEDICAL CLINIC ($6,584); HAWKEYE AREA COMMUNITY ACTION PROGRAM ($8,635); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($9,350); MAYOR'S YOUTH EMPLOYMENT PROGRAM ($43,483); MID-EASTERN COUNCIL ON CHEMICAL ABUSE ($10,500); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($62,856); RAPE VICTIM ADVOCACY PROGRAM ($12,200); AMERICAN RED CROSS ($5,500); AND UNITED ACTION FOR YOUTH ($41,525). Moved and seconded to adopt RES. 02-242, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: ELDER SERVICES ($62,063); MID-EASTERN COUNCIL ON CHEMICAL ABUSE ($19,462); AND UNITED ACTION FOR YOUTH ($23,475). Moved and seconded to adopt RES. 02-243, REPEALING A RESOLUTION PASSED JUNE 15, 1965, ESTABLISHING A PROCEDURE FOR CALLING OF A SPECIAL MEETING AND ADOPTING A NEW RESOLUTION ESTABLISHING A PROCEDURE FOR CALLING OF A SPECIAL COUNCIL MEETING. Moved and seconded to appoint Nick Klenske, 321 S. Linn Street, to fill an unexpired term ending January 1,2003 to the Human Rights Commission; and to appoint Jayne Sandier, 41 Tucson Place and Jerry Anthony, 1125 Hotz Avenue to the Housing and Community Development Commission for two appointments to fill three- year terms September 1, 2002 - September 1, 2005. Moved and seconded that the vote be split for the two Board appointments. The Mayor declared the motion carried. Moved and seconded to appoint Nick Klenske to the Human Rights Commission. The Mayor declared the motion carried. Moved and seconded to appoint Jayne Sandier and Jerry Anthony to three year terms on the Housing and Community Development Commission. The Mayor declared the motion carried. The Mayor announced the remaining two vacancies for Housing and Community Development (one three-year term September 1, 2002 - September 1, 2005 and one unexpired term ending September 1,2003) will be readvertised. Moved and seconded to accept appointment of Council Member Champion to the Jail Space & Services Task Force. The Mayor declared the motion carried. The Mayor noted the current vacancies: Historic Preservation Commission to fill an unexpired term ending March 29, 2003. Airport Commission to fill an unexpired term ending March 1,2004. Applications must be received by 5:00 p.m., Wednesday, August 14, 2002. Official Actions July 2, 2002 Page 8 The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment fill an unexpired term ending December 31,2003; Airport Zoning Commission to fill two unexpired terms, one ending December 31,2003 and the other ending December 31,2005. Applications must be received by 5:00 p.m., Wednesday, July 10, 2002. Moved and seconded to adjourn 10:45 p.m. the Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 , Submitte--d-for publication - 7/10/02. 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 JULY 2, 2002 Iowa City City Council regular meeting, 7:00 p.m. Civic Center. Mayor Lehman presiding. Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Johnson, Dilkes, Karr, Hurd, Franklin, Winkelhake, Hennes, Campbell, Ambrose, McCafferty, Long, Jensen, Rocca, Davidson, Fosse, Scott. Council minutes tape recorded on Tape 02-57, Both Sides; Tape 02-58, Both Sides, Tape 02-59, Side 1. Sheriff Ted Kamatchus, a member of the Commission on Accreditation for Law Enforcement Agencies presented a Certificate of Accreditation to the Iowa City Police Department. Police Chief Winkelhake and Sgt. Hurd present. Finance Director O'Malley accepted the Certificate of Achievement for Excellence in Financial Reporting, and acknowledged members of the City Accounting Division for their efforts. He also noted the retirement of Asst. Controller Regina Schreiber after 33 years of service and invited everyone to a reception honoring her on July 9. 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: Approval of Official Council Actions for special meeting of June 11, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission: April 25. Historic Preservation Commission: May 9. Housing and Community Development Commission: April 16. Housing and Community Development Commission: May 16. Iowa City Airport Commission: May 16. Iowa City Board of Adjustment: May 8. Iowa City Board of Appeals: May 20. Iowa City Board of Appeals: June 11 Recommendation: Adopt the 2000 International Fire Code with Approved Local Amendments. Iowa City Civil Service Commission: May 24. Iowa City Human Rights Commission: May 28. Parks and Recreation Commission: June 12. Planning and Zoning Commission: May 16. Permit Motions and Resolutions as Recommended by the City Clerk. New: Outdoor Service Area for Diamond Dave's Mexican Restaurant, Inc., dba Diamond Dave's, 201 S. Clinton St. Renewals: Class C Liquor License for Lohaus & Larson Investment Co., Inc. dba Airliner, 22 S. Clinton St. (Renewal) Correspondence included in Council packet. Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr. Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West. Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West. Special Class C Liquor License for OM Incorporated dba Masala, 9 S. Dubuque St. Class C Liquor License for New Walt's Ltd., dba Memories, 928 Maiden Lane. Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118 E. College St. Class E Liquor License for Hartig Drug Company, Inc., dba Hartig Drug Store #10,701 Mormon Trek Blvd. Class B Wine Permit for Hartig Drug Company, Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. Class C Beer Permit for Hartig Drug Company, Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. Class E Liquor License for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave. Class C Beer Permit for Krause Gentle Corporation, dba Kum & Go #422, 513 S. Riverside Dr. RES. 02-222, Bk. 128, p. Complete Description July 2, 2002 Page 2 222, TO ISSUE CIGARETTE PERMITS. RES. 02-223, Bk. 128, p. 223, TO ISSUE DANCE PERMIT to New Walt's Ltd., dba Memories, 928 Maiden Lane. New: Class C Liquor License for Etre, LLC, dba Etc., 118 S. Dubuque St. RES. 02-223, Bk. 128, p. 223, TO ISSUE DANCE PERMIT for Etre, LLC, dba Etc., 118 S. Dubuque St. Motions: Approve disbursements in the amount of $15,297,879.87 for the period of April 1 through April 30, 2002, and disbursements in the amount of $17,868,151.67 for the period of May 1 through May 31,2002, as recommended by the Finance Director subject to audit. Setting Public Hearings, Bk. 128: RES. 02-224, p. 224, SETTING A PUBLIC HEARING for July 16 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE VOICE COMMUNICATIONS PHASE-2 OUTSIDE PLANT PACKAGE 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. 02-225, p. 225, SETTING A PUBLIC HEARING for July 16 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ANIMAL SHELTER HVAC PROJECT: PHASE II, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 02-226, p. 226, SETTING A PUBLIC HEARING for July 16 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2002 CURB RAMP 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. 02-227, p. 227, OF INTENT TO APPROVE A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEXTEL WIP LEASE CORP. FOR USE OF CAPITOL STREET PARKING RAMP SPACE FOR AN EQUIPMENT SHELTER AND SPACE ON THE EXTERIOR OF THE ELEVATOR PENTHOUSE FOR ANTENNA USE, AND SETTING A PUBLIC HEARING FOR JULY 16, 2002. Resolutions, Bk. 128: RES. 02-228, p. 228, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1208 GINTER AVENUE, IOWA CITY, IOWA. RES. 02-229, p. 229, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1436 ABER AVENUE, IOWA CITY, IOWA. RES. 02-230, p. 230, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 630 WHITING AVENUE, IOWA CITY, IOWA. RES. 02-231, p. 231, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER AND DRAINAGE EASEMENT AGREEMENT LOCATED ON LOT 1 OF RUPPERT SUBDIVISION PART ONE. RES. 02-232, p. 232, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT FACILITY FOR W.B. DEVELOPMENT, IOWA CITY, IOWA. RES. 02-233, p. 233, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM Complete Description July 2, 2002 Page 3 FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. RES. 02-234, p. 234, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE- BAY STATES L. L. C., AND MIKE AND MARTY ENT. D/B/A QUINTON'S BAR AND DELI FOR A SIDEWALK CAFE. RES. 02-235, p. 235, ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD IMPROVEMENT - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT - STP-U-3715(618)--70- 52. Correspondence: Tom Saterfiel regarding Sidewalk Concerns [staff responses included]. Judy Pfohl regarding Kiwanis Park. Cadet Miller regarding Arts Fest and Youth Activities [staff response included]. Chris Rohret regarding Iowa City's Smoking Ban. Joe Deschenes regarding City Council Meetings. Rick Kaster regarding Inspections [staff response included]. Emily Thurman regarding Grass/VVeeds Along Scott Blvd [staff response included]. Brian Globokar regarding First Avenue/Court Street Construction [staff response included]. Tim Leaven regarding Bus Service to Hunters Run [staff response included]. Kevin Hochstedler (Home Builders Association) regarding 2002 Parade of Homes. Tom Carter regarding Book . Linda Dellsperger regarding Manville Heights Traffic. Ruth Baker regarding Neighborhood Housing Relations Task Force Recommendations. Tim Toomey regarding Neighborhood Housing Relations Task Force Recommendations. Bruce Maurer regarding Friendship Street/First Avenue Intersection [staff response included]. John Beasley regarding Appreciation. Caroline Dieterle regarding Pesticides. Robert Dostal regarding Plaza Towers and Englert Theatre [City Manager response included]. Robert Dostal regarding Midwest High Speed Rail Coalition. Les Weber (CAFI~) regarding No Smoking Ordinance. Dan Lechay regarding Height Restrictions for Downtown Buildings. Hillary Sale (Neighborhood Housing RelationsTask Force) regarding Proposed Initiatives/Report of Task Force. Civil Service Commission regarding Firefighter List [see Commission minutes of May 24 for further information]. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING HERE TO CORNER Sign on the East Side of the 100 Block of North Johnson Street; Installation of Two NO PARKING CORNER TO HERE Signs and Two NO PARKING BETWEEN SIGNS on the West Side of North Van Buren Street; Installation of One NO PARKING HERE TO CORNER Sign and One NO PARKING HERE TO DRIVEWAY Sign on Bloomington Street. Tim Holman regarding Housing Relations Task Force Proposals. Barbara Buss regarding Housing Relations Task Force. Cecile Kuenzli regarding Housing Task Force Recommendations. Paula and Lowell Brandt regarding Housing Task Force. Robert Hilton regarding Housing Relations Task Force. Margaret and Chuck Felling regarding Housing Relations Task Force. Nick Herbold and Matt Blizek regarding Housing Relations Task Force. Michael Wright regarding Housing Task Force. The City Manager and City Attorney responded to questions from Council Member Kanner regarding the addition of a resolution setting public hearing on a lease with Nextel WlP for Capitol Street ramp space for antenna use. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Senior Center Commissioner Deborah Schoenfelder updated Council on activities at the Senior Center. Zeke Palnick, 833 Longfellow Place, appeared regarding the proposed housing development near Longfellow Place. The Mayor noted the item Complete Description July 2, 2002 Page 4 would be discussed later in the meeting as agenda item #6. Jim Walters, 1033 E. Washington St., appeared regarding City urban renewal parcel 64-1a/Moen Project. Moved by Vanderhoef, seconded by Pfab, to set a public hearing for July 16 on an ordinance changing the zoning designation from Medium Density Single Family, RS- 8, to Historic Preservation Overlay-Medium Density Single Family, OHP-RS-8, (Buss) designating 3 acres of property located at 747 West Benton Street a Historic Landmark. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to set a public hearing for July 16 on an ordinance changing the zoning designation from General Industrial, I-1, to Intensive Commercial, C1-1, for 1.34-acres (Gringer) located west of Riverside Drive south of Commercial Drive. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Lehman left the room due to a conflict of interest. Mayor Pro tem Vanderhoef presiding. Moved by O'Donnell, seconded by Champion, to set a public hearing for July 16 on an ordinance changing the zoning designation (Oaknoll) from Medium Density Single-Family, RS-8 and Low Density Multi-Family, RM-12 to Planned Development Overlay, OPDH-20 to allow 43 elder congregate housing units on 2.12 acres of property located north of Benton Street and east of George Street. The Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman absent. Mayor Lehman returned to the meeting and now presiding. Moved by Pfab, seconded by Champion, to set a public hearing for July 16 on an ordinance amending an OPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly residents. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to set a public hearing for July 16 on an ordinance changing the zoning designation from Medium Density Single Family Residential, RS-8, to Planned Development Housing Overlay, OPDH-8, for Windsor Ridge, Part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West Branch Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to set a public hearing for July 16 on an ordinance changing the zoning designation from Low Density Single Family, RS- 5, to Planned Development Housing Overlay, OPDH-5, to allow 23 single-family lots and 13 townhouse-style units in Village Green, Part XXII, a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to set a motion setting a public hearing for July 16 on an ordinance vacating 32,526 square feet of frontage road right- of-way along the front of the property at (Carousel Motors) 801 Highway 1 West. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance changing the zoning designation from Neighborhood Conservation, RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation, SAO-RNC-20, for a 0.41-acre property located at 341 N. Riverside Drive. PCD Director Franklin present for discussion. The following individuals appeared: Betsy Boyd, 508 River St.; John Shaw, 437 S. Summit, architect for the project; Gary Klinefelter, 1131 E. Washington, Project Manager; Atty. Bill Prowell, representing neighbor Casey Mahon; Cindy Parsons, co-owner of the project; Bernard Sorofman, 403 Beldon Ave.; Evelyn Acosta Weirich, 630 W. Park Rd.; Susan Frye, 816 River St. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Marry Sutcliffe and Chris Jensen. The Mayor declared the motion carried, 7/0, all Council Members present. Complete Description July 2, 2002 Page 5 Moved by Champion, seconded by O'Donnell, to defer to July 16, an ordinance amending the Sensitive Areas Ordinance to regulate isolated wetlands. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Dan Smith, Becky Soglin, Lori Goetsch. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance changing the zoning designation from Low Density Multi-Family Residential, RM-12, to Sensitive Areas Overlay-Low Density Multi-Family Residential, SAO-RM-12, for Lot 2 of First and Rochester subdivision, Part 1, a 38,041 square-foot property located west of First Avenue, north of Rochester Street, be given first vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Pfab. Absent: None. Moved by Champion, seconded by Wilburn, that ORD. 02-4022, Bk. 45, p. 30, AMENDING TITLE 14, CHAPTER 6, ARTICLE K, FLOOD PLAIN MANAGEMENT ORDINANCE TO AMEND DEFINITION OF LOWEST FLOOR; AND DEFINITION OF SUBSTANTIAL DAMAGE; AMEND APPLICATION AND INTERPRETATION OF PROVISIONS; AMEND FLOOD PLAIN MANAGEMENT STANDARDS, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to defer indefinitely, a resolution approving an amended preliminary plat and a final plat of Wild Prairie Estates, Part 4, a 35.86-acre, 23-1ot residential subdivision located north of Goldenrod Drive and west of Duck Creek Drive. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-236, Bk. 128, p. 236, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF LACINA MEADOWS, JOHNSON COUNTY, IOWA. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-237, Bk. 128, p. 237, APPROVING PRELIMINARY AND FINAL PLAT OF HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Member Wilburn left the meeting due to a conflict of interest. A public hearing was held on a resolution approving amendments to the FY02 and FY03 Annual Action Plan budgets, that are sub-parts of Iowa City's 2001-2006 Consolidated Plan (City Steps) as amended, authorizing the City Manager to submit said amendments and all necessary documents 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. PCD Director Franklin and Community & Economic Development Planner Long present for discussion. The following individuals appeared: Jeanne Kelsey, Metro Plains Development; Zeke Palnick, 833 Longfellow Place; Marianne Wilkening, 612 Longfellow Ct.; and Bob Burns, 319 E. Washington St. Moved by Vanderhoef, seconded by Champion, to continue public hearing to July 16. The Mayor declared the motion carried, 6/0, Wilburn absent. Moved by O'Donnell, seconded by Champion, to accept correspondence from Jeanne Kelsey, Catherine Shaw, Margaret Teraberry Halverson, and Marianne Wilkening, and Bob Burns. The Mayor declared the Complete Description July 2, 2002 Page 6 motion carried unanimously, 6/0, Wilburn absent. Council Member Wilburn returned to the meeting. A public hearing was held on an ordinance amending Section 14, Chapter 5, Article A, Building Code, by adopting the International Building Code, 2000 Edition, and the International Residential Building Code, including Appendix F Radon Control Methods, 2000 Edition, published in cooperation with the International Conference of Building Officials, Building Officials and Code Administrators International, Inc., and the Southern Building Code Congress International, Inc., and providing for certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. Dan Smith, Greater Iowa City Home Builders Association, appeared. Sr. Bldg. Inspector Hennes present for discussion. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Kevin Hochstedler. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2000 Edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of building and premises in the City of Iowa City; providing for the issuance of permits for hazardous uses or operations; repealing Ordinance No. 99-3869 of the Iowa City Code and all other ordinances and parts of the ordinances in conflict therewith. Fire Marshall Jensen present for discussion. No one appeared. A public hearing was held on an ordinance amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2000 Edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations. No one appeared. A public hearing was held on an ordinance amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 2000 Edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa. No one appeared. A public hearing was held on an ordinance amending Title 14, Entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Article I entitled "Licensing" to establish a centralized procedure for existing licensing requirements and to establish licensing requirements for the design, installation, and maintenance of fire sprinklers and for the installation and maintenance of fire alarms. No one appeared. A public hearing was held on an ordinance amending City Code Title '14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new article m entitled "Appeals" to establish a uniform procedure for appeals of the Building, Plumbing, Electrical, Mechanical, and Fire Codes. No one appeared. A public hearing was held on the City's intent to proceed with and authorizing the acquisition of property rights for the Mormon Trek Boulevard Extension Project. The following individuals appeared: John Dane, 4082 Dane Rd. SE; George Dane, 715 Benton Court; and Robert Wolf. Asst. PCD Director Davidson present for discussion. Moved by Kanner, seconded by Pfab, to continue the public hearing to the first meeting in September. The Mayor declared the motion defeated, 2/5, with the following show of Complete Description July 2, 2002 Page 7 hands: Ayes: Kanner, Pfab. Nays: Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Absent: None. Moved by O'Donnell, seconded by Champion, to accept correspondence from James Davis, John Dane, and George Dane. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-238, Bk. 128, p. 238, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE MORMON TREK BOULEVARD EXTENSION PROJECT. Individual Council Members expressed their views. Asst. PCD Director Davidson present for discussion. Moved by Vanderhoef, seconded by Kanner, to amend the motion to include diagonal "C" a suggested on the Dane map instead of the current "B" for the connection of Mormon Trek Road and Dane Road. The Mayor declared the motion to amend defeated, 3/4, with the following show of hands: Ayes: Kanner, Vanderhoef, Pfab. Nays: Wilbum, Lehman, O'Donnell, Champion. The Mayor declared the original resolution adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner, Pfab. Moved by Champion, seconded by Wilburn, that ORD. 02-4023, BK. 45, p. 31, AMENDING THE CITY CODE TITLE 10, "PUBLIC WAYS," CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, "USE OF SIDEWALK CAFES" TO ALLOW SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT, be passed and adopted. The Mayor declared the ordinance adopted, 4/3, with the following division of roll call vote: Ayes: Pfab, Wilburn, Champion, Kanner. Nays: O'Donnell, Vanderhoef, Lehman. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 02-4024, Bk. 45, p. 32, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE LOWER MUSCATINE ROAD & HIGHWAY 6 URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Pfab, Kanner. Absent: None. Moved by Vanderhoef, seconded by Champion, that ORD. 02-4025, Bk. 45, p. 33, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE INDUSTRIAL PARK ROAD URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BYAND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent: None, Complete Description July 2, 2002 Page 8 Moved by Champion, seconded by O'Donnell, that ORD. 02-4026, Bk. 45, p. 34, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE HEINZ ROAD URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Vanderhoef. Nays: Kanner, Pfab. Absent: None. Moved by Kanner, seconded by Vanderhoef, to adopt RES. 02-239, Bk. 128, p. 239, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY FY02 CELL CONSTRUCTION PROJECT to J.B. Holland Const. Co. for $1,111,705.37. 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. 02-240, Bk. 128, p. 240, APPROVING THE ACQUISITION OF PROPERTY FOR THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO "D" STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Member Wilburn left the meeting due to a conflict of interest for the next two items. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-241, Bk. 128, p. 241, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS ($41,011); CRISIS CENTER ($40,600); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($54,256); EMERGENCY HOUSING PROJECT ($14,000); FREE MEDICAL CLINIC ($6,584); HAWKEYE AREA COMMUNITY ACTION PROGRAM ($8,635); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($9,350); MAYOR'S YOUTH EMPLOYMENT PROGRAM ($43,483); MID-EASTERN COUNCIL ON CHEMICAL ABUSE ($10,500); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($62,856); RAPE VICTIM ADVOCACY PROGRAM ($12,200); AMERICAN RED CROSS ($5,500); AND UNITED ACTION FOR YOUTH ($41,525). Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-242, Bk. 128, p. 242, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: ELDER SERVICES ($62,063); MID-EASTERN COUNCIL ON CHEMICAL ABUSE ($19,462); AND UNITED ACTION FOR YOUTH ($23,475). Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion, Kanner. Nays: Pfab. Absent: Wi[burn. Council Member Wilburn returned to the meeting. Complete Description July 2, 2002 Page 9 Moved by O'Donnell, seconded by Vanderhoef to adopt RES. 02-243, Bk. 128, p. 243, REPEALING A RESOLUTION PASSED JUNE 15, 1965, ESTABLISHING A PROCEDURE FOR CALLING OF A SPECIAL MEETING AND ADOPTING A NEW RESOLUTION ESTABLISHING A PROCEDURE FOR CALLING OF A SPECIAL COUNCIL MEETING. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Pfab, Kanner. Moved by Vanderhoef, seconded by O'Donnell, to appoint Nick Klenske, 321 S. Linn Street, to fill an unexpired term ending January 1,2003 to the Human Rights Commission; and to appoint Jayne Sandier, 41 Tucson Place and Jerry Anthony, 1125 Hotz Avenue to the Housing and Community Development Commission for two appointments to fill three-year terms September 1, 2002 - September 1,2006. Moved by Pfab, seconded by Champion, that the vote be split for the two Board appointments. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to appoint Nick Klenske to the Human Rights Commission. The Mayor declared the motion carried, 6/1, Pfab voting "no" and Kanner abstaining (in accordance with Res. 00-117). Moved by Champion, seconded by O'Donnell, to appoint Jayne Sandier and Jerry Anthony to three year terms on the Housing and Community Development Commission. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor announced the remaining two vacancies for Housing and Community Development (one three-year term September 1,2002 - September 1, 2005 and one unexpired term ending September 1,2003) will be readvertised. Moved by O'Donnell, seconded by Wilburn, to accept appointment Council Member Champion to the Jail Space & Services Task Force. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 5/2, with the following show of hands: Ayes: Wilburn, O'Donnell, Lehman, Champion, Vanderhoef. Nays: Kanner, Pfab. Absent: None. The Mayor noted the current vacancies: Historic Preservation Commission to fill an unexpired term ending March 29, 2003. Airport Commission to fill an unexpired term ending March 1,2004. Applications must be received by 5:00 p.m., Wednesday, August 14, 2002. The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment fill an unexpired term ending December 31,2003; Airport Zoning Commission to fill two unexpired terms, one ending December 31,2003 and the other ending December 31,2005. Applications must be received by 5:00 p.m., Wednesday, July 10, 2002. Council Member O'Donnell wished everyone a Happy 4th of July. Council Member Vanderhoef noted the correspondence from Linda Dellsperger regarding a traffic count in Manville Heights, and stated that a count would be done at the end of the year when students are back in town, and asked staff to respond to the letter. Council Member Wilburn encouraged everyone to have a safe and fun 4th of July; and noted he would see everyone at the Jazz Festival on Sunday after his 20th class reunion. Council Member Kanner asked for staff information on a possible invasive species, the buckthorn tree; and asked for an update on discussions with James Thomas on sidewalk installation on First Avenue. The Mayor stated he had talked with Mr. Thomas earlier in the day and a letter has been received from his and his attorney on the matter. Complete Description July 2, 2002 Page 10 Mayor Lehman encouraged citizens to take a minute on the 4th and think about what the 4th is really all about. Moved by Vanderhoef, seconded by Q'Donnell, to adjourn 10:45 p.m. the Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk