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HomeMy WebLinkAbout2000-10-17 Council MinutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 17, 2000 Iowa City City Council, regular meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Staffmembers present: Arkins, Helling, Dilkes, Karr, Franklin, Long. Council minutes tape recorded on Tape 00-95, Side 2 & 00- 101, Both Sides. The Mayor presented Outstanding Student Citizen Awards to Grant Wood Elementary students: Sarah Anciaux, Ben Mulenbruch, Alyse Riley, Ben Rocca. The Mayor announced Human Rights Award Winners: Jude West - Isabel Turner Award; Sally Murray - Vocational Rehabilitation: Individual In a Service Organization; A Great Balancing Act - Jean Bott: Business Award; Susan Buckley - Rick Graf Award; Jael Silliman - International Human Rights Award. All of the awards will be presented at the Human Rights Breakfast on October 26. The Mayor proclaimed: Community and Regional Planning Day - November 8, Jim Maynard accepted; Change Your Clock, Change Your Battery Day - October 29, Lt. Steve Stimmel and Sparky accepted. 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 aniended: Approval of Official Council Actions for Special Council of October 2, and Regular Council meeting of October 3, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Board of Appeals - August 15. Iowa City Human Rights Commission - August 22 Revise the Human Rights Ordinance, Section 2-3-2A to read as follows: "It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, of any place of public accommodation because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age." Iowa City Human Rights Commission - September 26. Iowa City Public Art Committee - September 7 Recommendation to Council: Article III. Membership, Section I. Qualifications be amended to establish nine (9) members for the Committee, with at least three (3) art or design professionals being appointed by the City Council. (referred to Rules Committee). Iowa City Public Art Committee - September 28. Iowa City Public Art Committee - October 2 That Christop Spath be commissioned to provide Solar Marker II and a very close variation of Balance for the north pads. That Jazz be commissioned for the west pad. That The Ties that Bind be commissioned for the east pad. Iowa City Telecommunications Commission - July 24 Approve the name change of the Government Channel to the City Channel. Parks and Recreation Commission - September 6. Planning and Zoning Commission - September 21. Planning and Zoning Commission - October 5. Police Citizens Review Board - September 26 Complete Description October 17, 2000 Page 2 Receive PCRB Public Report #00-02. Permit Motions and Resolutions as Recommended by the City Clerk: Class B Beer Permit for Landis Management, Inc., dba Duds n Suds, 5 Sturgis Drive. Class C Beer Permit for Inland Transport Company, dba Kirkwood Hawkeye Convenience Store, 300 Kirkwood Ave. Class C Liquor License for La Casa, Ltd., dba La Casa, Ltd., 1200 S. Gilbert Ct. Class C Beer Permit for DeliMart, Corp., dba DeliMart #1,525 Hwy 1 West. Class C Liquor License for Yelder Enterprises, Inc., dba Que Bar, 211 Iowa Ave. Refund an unused portion of a Class C Liquor License for Hilltop Tavern, Ltd., dba Mabel's Bardello & Eatery, 1576 S. First Avenue. RES. 00-339, Bk. 124, p. 339, TO ISSUE DANCE PERMIT for Yelder Enterprises, Inc., dba Que Bar, 211 Iowa Ave. Setting Public Hearings Bk. 124: RES. 00-340, p. 340, SETTING A PUBLIC HEARING for November 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT, PHASE 2, 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. 124: RES. 00-341, p. 341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 721 7TM AVENUE, IOWA CITY, IOWA. RES. 00-342, p. 342, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1928 H STREET, IOWA CITY, IOWA. RES. 00-343, p. 343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DRAINAGE EASEMENT AGREEMENT FOR PROPERTY WITHIN WINDSOR RIDGE PART TEN, IOWA CITY, IOWA. RES. 00-344, p. 344, ACCEPTING THE WORK FOR THE DODGE STREET BRIDGE WATER MAIN PROJECT. Correspondence: Citizens for Common Sense Growth - First Avenue extension [Mayor response included]. Sally Stutsman (JC Board of Supervisors) - Fringe Area Agreement. Members of the Broadway Improvement Group - Highway 6. Jean Schnake - pedestrian safety. Darlene Clausen - 510 and 512 E. Bloomington Street. Mary Greer- vote to ban smoking. Robert Dostal - smoking in restaurants. John Calvin Jones - alcohol price controls are not constitutional. United Way Agency and Community Needs Committee - Joint Human Services Funding Hearings Orientation. Carol DeProsse - SWAT teams. Acting Traffic Engineering Planner: Installation of a NO PARKING HERE TO CORNER sign on Evans Street at the intersection with Market Street. Installation of special regulatory signs on Laura Drive near Forest View Trailer Court. Council Member Kanner reported on the number of police visits and charges filed for possession under legal age for the Que Bar which is on the Consent Calendar for renewal of a liquor license. Moved by Kanner, seconded by Pfab, to defer consideration of the renewal two weeks. Individual Council Members expressed their views. The Mayor declared the motion to defer defeated, 2/5, with the following division of voice vote: Ayes: Pfab, Kanner, Nays: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Affirmative roll call vote unanimous on adoption of the Consent Complete Description October 17, 2000 Page 3 Calendar as presented, 7/0, all Council Members present. The Mayor declared the motion carried. Caroline Dieterie, 727 Walnut, appeared opposing the proposed new jail; Lori Benz, 2012 Dunlap Ct., updated Council on Senior Center activities; Carol deProsse, Lone Tree, opposing the new jail and questioning allocation of City resources in the City Ped Mall; Dan Daly, 2325 Mayfield Rd., opposing the First Avenue extension; Wendi Rooks, Broadway Improvement Group (BIG), encouraged completion of the Highway 6 improvements. The Mayor stated the Council policy is not to react to comments made during Public Discussion, and failure to respond does not indicate agreement or disagreement with the speaker or the information provided. A public hearing was held on an ordinance amending an approved OPDH-12 plan to allow a 40-unit assisted living building (Silvercrest) on 2.87 acres located on the southeast corner of Scott Boulevard and American Legion Road. James McClure and Melvin Lawrence, Dial Land Development, appeared. PCD Director Franklin present for discussion. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Robert & Erma Wolf; and Dean & Kathleen Yanausch. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a ordinance changing the zoning designation from Low Density Multi-Family Residential (RM-12) and Neighborhood Conservation Residential (RNC-20) to Medium Density Single-Family Residential (RS-8) for four (4) properties on the south side of the 900 block of Iowa Avenue, seventeen (17) properties on the 900 and 1000 blocks of Washington Street, ten (10) properties on the 100 and 200 blocks of South Summit Street, four (4) properties on the east side of the 10 and 100 blocks of Governor Street, three (3) properties on the west side of the 1000 block of Muscatine Avenue, and five (5) properties on the 900 and 1000 blocks of College Street (College Hill Neighborhood). The following individuals appeared: Joe Brokken, 200 S. Summit, River City Housing Cooperative Board of Directors; and Michael Lynch, President of the River City Housing Cooperative. Moved by Vanderhoef, seconded by Kanner, to accept correspondence from Karen Roberts, Steve Roberts, Martin and Julie Cassell, and the following individuals from the River City Housing Cooperative: Michal Lynch, Jacob Thomas, Brianne Boylan, Katie Velehouse, Megann Schmitt, Susan Lay, Joe Brokken, Sabrina Taylor. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, that the ordinance amending the zoning designation from Low Density Multi-Family Residential (RM-12) and Neighborhood Conservation Residential (RNC-20) to Medium Density Single-Family Residential (RS-8) for four (4) properties on the south side of the 900 block of Iowa Avenue, seventeen (17) properties on the 900 and 100 blocks of Washington Street, ten (10) properties on the 100 and 200 blocks of South Summit Street, four (4) properties on the east side of the 10 and 100 blocks of Governor Street, three (3) properties on the west side of the 1000 block of Muscatine Avenue, and five (5) properties on the 900 and 1000 blocks of College Street (College Hill Neighborhood), be given first vote. The Mayor declared the motion failed unanimously, 0/7, all Council Members present. Moved by Champion, seconded by O'Donnell, that the ordinance amending the zoning designation from Low-Density Multi-Family Residential (RM-12) and Neighborhood Conservation Residential (RNC-20) to Medium-Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) for four properties on the south side of the 900 block of Iowa Avenue, 17 properties on the 900 and 100 blocks of Washington Street, 10 properties on the 100 and 200 blocks Complete Description October 17, 2000 Page 4 of South Summit Street, four properties on the east side of the 10 and 1000 blocks of Governor Street, three properties on the west side of the 1000 block of Muscatine Avenue, and five properties on the 900 and 1000 blocks of College Street. Moved by Kanner, seconded by Pfab, to amend the ordinance that all properties listed in the rezoning request be rezoned to RNC-12. PCD Director Franklin present for discussion. The Mayor declared the amendment defeated, 1/6, with the following division of voice vote: Ayes: Kanner. Nays: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Affirmative roll call vote unanimous on the first consideration of the ordinance as presented, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending the non-conforming use provisions of the Neighborhood Conservation Residential, RNC-12 zone, to make it clear any existing conforming multi-family use would continue to be conforming under the RNC-12 zone, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, that ORD. 00-3948, Bk. 43, p. 36, AMENDING THE ZONING CHAPTER BY CONDITIONALLY AMENDING THE APPROVED SENSITIVE AREAS DEVELOPMENT PLAN FOR LOT 52 OF WALDEN HILLS, A 4.89 ACRE PROPERTY LOCATED IN THE SENSITIVE AREAS OVERLAY (OSA-8) ZONE ON THE WEST SIDE OF SHANNON DRIVE, SOUTH OF WILLOW CREEK, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 00-346, Bk. 124, p. 346, APPROVING THE PRELIMINARY PLAT FOR THE RESUBDIVISION OF LOT 52, WALDEN HILLS, IOWA CITY, IOWA. 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. 00-347, Bk. 124, p. 347, APPROVING FINAL PLAT FOR THE RESUBDIVISION OF LOT 52, WALDEN HILLS, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Kanner, that ORD. 00-3949, Bk. 43, p. 37, DESIGNATING PROPERTY LOCATED AT 13 S. LINN STREET AS AN IOWA CITY HISTORIC LANDMARK, be passed and adopted. $cott Kading, owner of the building, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 00-348, Bk. 124, p. 348, APPROVING THE FINAL PLAT OF SOUTH POINTE ADDITION, PART 7, A RESUBDIVISION OF PORTIONS OF SOUTH POINTE ADDITION, PARTS 2 AND 3, SOUTH POINTE ADDITION, IOWA CITY, IOWA. 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. 00-349, Bk. 124, p. 349, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WESTCOTT HEIGHTS, PART THREE, JOHNSON COUNTY, IOWA. Council Member Kanner stated his belief that the County should be doing infill development first before rezoning new areas residential, and he would be voting against this item and item k as well. 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. Complete Description October 17, 2000 Page 5 Moved by Vanderhoef, seconded by Pfab, to defer to 11/7, sending a letter to the Johnson County Board of Supervisors recommending denial of a rezoning of 125.43 acres located within Fringe Area C east of Dane Road and west and south of the Lakeridge Mobile Home Park from County A1 Rural and RS Suburban Residential to County RMH Manufactured Housing Residential. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to send a letter to the Johnson County Board of Supervisors finding that the rezoning of 34.79 acres (Luneckas) located within Fringe Area A on the south side of Rapid Creek Road, east of Highway 1 North, from County A1, Rural, to County RS-5, Suburban Residential, is consistent with the Iowa City/Johnson County Fringe Area Agreement. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of the Mercer Park Concession and Restroom Facility, 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 Vanderhoef, seconded by Wilburn, to adopt RES. 00-350, Bk. 124, p. 350, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT QF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending City Code Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 2-3-2, entitled "Public Accommodation; exceptions" to exempt discounts for services or accommodations based upon age from the prohibition on discrimination in public accommodations, be given second vote. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 00-351, Bk. 124, p. 351 AUTFtORIZING CITY MANAGER TO EXECUTE AGREEMENTS FOR USE OF INTELLECTUAL PROPERTY RIGHTS ON PUBLIC ART PROJECTS. 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. 00-352, Bk. 124, p. 352, AFFIRMING THE SELECTION OF ARTISTS AND SCULPTURES FOR FOUR OF THE DOWNTOWN PEDESTRIAN MALL SCULPTURE PADS. 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. 00-353, Bk. 124, p. 353, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 20, 2001. 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. 00-354, Bk. 124, p. 354, APPROVING THE TEMPORARY AND PERMANENT EASEMENTS FOR THE Complete Description October 17, 2000 Page 6 KESWICK DRIVE REPAIR PROJECT. 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. 00-355, Bk. 124, p. 355, TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD BY AMENDING SECTION IV.E.7 RELATING TO NAME CLEARING HEARINGS AND REPEALING RESOLUTIONS 99-17 AND 99-103. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, to make the following appointments to Boards and Commissions: appoint James Anderlik, 2901 Muscatine Avenue, to the Civil Service Commission to fill an unexpired term ending April 2, 2001; appoint Loret Mast, 531 E College Street, to the Historic Preservation Commission to fill an unexpired term representing the College Green Historic District ending March 29, 2003; appoint Amy Correia, 1729 F Street to the Housing and Community Development Commission and readvertise one vacancy to fill a three- year term ending September 1 2003; and readvertise the following appointments to the Solid Waste Advisory Commission: Two appointments to fill three-year terms ending October 1, 2003, one appointment to fill a two-year term ending October 1, 2002; and three appointments to fill one-year terms ending October 1,2001. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the current vacancies: Board of Adjustment - One vacancy for a five-year term ending January 1,2006; Board of Appeals - One vacancy for a five-year term for a Licensed Electrician ending December 31, 2005; Human Rights Commission - One vacancy for an unexpired term ending January 1,2002 - Three vacancies for three-year terms ending January 1,2004; Parks and Recreation Commission - Two vacancies for four-year terms ending January 1,2005; Public Art Advisory Committee - One vacancy for a three-year term for an Art Professional ending January 1, 2004; Senior Center Commission - Two vacancies for three-year terms ending December 31,2003; Appointments will be made November 21. Council Member Champion stated she would be attending the employee luncheon on November 16. Mayor Lehman encouraged all Council Members to attend. Council Member O'Donnell noted the number of stolen and vandalized political signs and stated it was an individual's right to support candidates and issues and asked that signs be left alone. He also encouraged citizens to register and to vote. Council Member Wilburn acknowledged the Sexual Assault Awareness Proclamation done by the Council a few weeks earlier, and the subsequent news articles and letters to the editor; and stated his support of the Rape Victim Advocacy Program and other efforts and programs aimed at ending violence against women. In response to Wilburn, the City Manager stated he had received a phone call from supporters of naming Council Chambers after former mayor Emma Harvat and reported the matter would be scheduled for Council discussion in December. Council Member Kanner reported on a newspaper article regarding the availability of University of Iowa Master Art Thesis' works that are currently stored because of lack of display space. Majority of Council expressed an interest in having Public Art Committee advised of the program. Kanner offered condolences to Telecommunication Commission Member Betty McKray on the recent death of her husband. Kanner noted the work session minutes of October 2, Council Time, and the discussion related to tobacco sales, and requested language be included in Complete Description October 17, 2000 Page 7 minutes to reflect that a majority of Council were not interested in going back and assessing penalties against the licensees. A majority of Council agreed to amend the work session minutes to reflect the change. Kanner reported on Council discussion the previous evening on his proposal that Council get more involved in the collective bargaining process, and stated a majority were not interested. Mayor Lehman presented the majority opinion regarding the collective bargaining proposal of Council Member Kanner; acknowledged the efforts several local groups to facilitate the first home sold under the Greater Iowa City Fellowship Community Land Trust; and reminded citizens of the Human Rights Breakfast scheduled for October 26. The Mayor offered condolences to former Council Member Dean Thornberry on the recent death of his wife. Moved by O'Donnell, seconded by Vanderhoef, to ,~~J_e~n~ adjourn 8:45 p.m. T e Mayor declared the motion carried unanimousl , 'il M . Ernest W. Lehman, Mayor Clerk Subject to change as finalized by the City Clerk. For a final Official copy, contact the City Clerk's office at 356-5043. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 10/2/00 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Moved and seconded to adjourn to executive session to evaluate the professional competency of an individual whose appointment or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual and that individual requested a closed session. The Mayor declared the motion carried. Moved and seconded, to adjourn the special meeting at 6:58 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk Submitted for publication - 10/10/00 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 - 10/3/00 Iowa City City Council, regular meeting, 7:00 p.m., at the Civic Center, Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. The Mayor made a Special Presentation of a Certificate of Achievement for Excellence in Financial Reporting (for Fiscal Year Ended June 30, 1999) to City Finance Director O'Malley. The Mayor proclaimed: Breast Cancer Awareness Month - October and Mammography Day - October 20, Barbara Kamer and Karla Wysocki accepted; Merete Nielsen Balsvig Day - October 4, Merete Nielsen Balsvig accepted; Fire Prevention Week - October 8-14, Battalion Chief Humston accepted. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions for Special Council meeting September 12, Special Council meeting September 18, and Regular Council meeting September 19, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission - August 10. Housing and Community Development Commission - June 15 Approve the MetroPlains Development (MDI Limited Partnership #65) Affordable Housing Funding Pool application for $225,000 contingent upon receipt of 2000 Low Income Housing Tax Credits. Iowa City Airport Commission -August 10. Iowa City Human Rights Commission -August 22 Approve a revision in the Human Rights Ordinance, Section 2-3-2A to read as follows: "It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, of any place of public accommodation because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age." Planning and Zoning Commission - September 7. Police Citizens Review Board - September 12 Approve an amendment to PCRB Standard Operating Procedures, Section IV.E.7. to now read "Before the hearing, the Board shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism shall be presented. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses." Iowa City Public Library Board of Trustees - August 24. Senior Center Commission - August 15. Permit Motions and Resolutions as Recommended by the City Clerk: Class C Liquor License for Grizzly's Southside Pub & Grill, 1210 Highland Ct. Outdoor Service Area for Grizzly's Southside Pub & Grill, 1210 Highland Ct. Class C Liquor License for Diamond Dave's, 1604 Sycamore #330 Sycamore Mall. Class C Beer Permit for Sunset Handimart, 141 0 Willow Creek Dr. Class C Beer Permit for Mini Mart, 731 S. Riverside Dr. RES. 00-326, TO ISSUE DANCING PERMIT for Grizzly's Southside Pub & Grill, 1210 Highland Ct. Class C Liquor License for Hilltop Lounge, 1100 N. Dodge St. Motions: Approve disbursements in the amount of $11,341,566.38 for the period of April 1 through April 30, 2000, as recommended by the Finance Director subject to audit. Official Actions October 3, 2000 Page 2 disbursements are published and permanently retained in the City Clerk's office in accordance with State Code. Resolutions, RES. 00-327, SETTING A PUBLIC HEARING for October 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY. RES. 00-328, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIENS REGARDING TWO REHABILITATION AGREEMENTS AND THREE PROMISSORY NOTES AND THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA. RES. 00-329, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA, FOR PROPERTY LOCATED AT 1664 DICKENSON LANE, IOWA CITY, IOWA. RES. 00-330, ACCEPTING THE WORK FOR THE WILLOW CREEK TRAIL PHASE II IMPROVEMENT PROJECT. RES. 00-331, APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY00. Correspondence: Eileen Fisher, Peter Wallace, Beth Ballinger (Clean Air for Everyone, CAFE) - smoke-free restaurant ordinance. Shirley Westcott - smoking issue. Geoffrey Johnson - smoking in restaurant issue. William Baschnagel - "21 Law". Gary Russell - street repair near Regina School. Scott Wright - pedestrian safety. Acting Traffic Engineering Planner: Installation of NO PARKING HERE TO CORNER signs on the east side of the 900 block of Webster Street. Installation of STOP sign on Village Road at the intersection with Wellington Drive. Installation of STOP signs on Commerce Drive and Independence Road at the intersections with 420th Street. Installation of pavement markings on Ruppert Road at the intersection with Iowa Highway 1. Installation of pavement markings and NO PARKING signs on Summit Street at the intersection with Kirkwood Avenue. Julie Phye/Stepping Up - Alcohol Purchase Survey. The Mayor declared the motion carried. The following individuals appeared in support of the CAFI~ (Clean Air For Everyone) smoke free restaurant ordinance: Kathleen Hession, Northwest Jr. High; Ali Warth and Sara Wirtz, Northwest Jr. High; Beth Ballinger, CAFI~; and Charles Major, 7 Blue Stem Ct. John Calvin Jones, appeared regarding alternatives to under age drinking and binge drinking. Caroline Dieterie appeared regarding drinking downtown and related issues. Moved and seconded to set a public hearing for October 17 on an ordinance amending an approved OPDH-12 plan to allow a 40-unit assisted living building on 2.87 acres located on the southeast corner of Scott Boulevard and American Legion Road The Mayor declared the motion carried. A public hearing was held on an ordinance changing the zoning designation from Low Density Multi-Family Residential (RM-12) and Neighborhood Conservation Residential (RNC-20) to Medium Density Single-Family Residential (RS-8) for four (4) properties on the south side of the 900 block of Iowa Avenue, seventeen (17) properties on the 900 and 1000 blocks of Washington Street, ten (10) properties on the 100 and 200 blocks of South Summit Street, four (4) properties on the east side of the 10 and 100 blocks of Governor Street, three (3) properties on the west side of the 1000 block of Muscatine Avenue, and five (5) properties on the 900 and 1000 blocks of College Street (College Hill Neighborhood). The following individuals appeared: Martin Cassell, 1002 E. Washington St.; Jacob Thompson, River City Housing Cooperative (RCHC), 200 S. Summit St.; Dylan Tack, RCHC; Brianne Boylan, RCHC; Frank Gersh, 1123 E. College St; Ron Easton, 911 and 925 Washington St.; Ted Cizadlo, 1005 Muscatine Ave.; Kaveh Mosterfavi, 1002 E. College St.; Jack Tank, 1019 E. Washington St.; and Hillary Sale, 1016 E. College St. Moved and seconded to continue the public hearing to October 17, 2000. The Mayor declared the motion carried. Official Actions October 3, 2000 Page 3 A public hearing was held on an ordinance amending the non-conforming use provisions of the Neighborhood Conservation Residential, RNC-12 zone, to make it clear any existing conforming multi-family use would continue to be conforming under the RNC-12 zone. Moved and seconded that the ordinance conditionally amending the approved sensitive areas development plan for Lot 52 of Walden Hills, a 4.89 acre property located on the west side of Shannon Drive, south of Willow Creek, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance designating the property located at 13 S. Linn Street as an Iowa City Historic Landmark, be given second vote. The Mayor declared the motion carried. Moved and seconded to defer to October 17, sending a letter to the Johnson County Board of Supervisors recommending denial of a rezoning of 125.43 acres located within Fringe Area C east of Dane Road and west and south of the Lakeridge Mobile Home Park from County A1 Rural and RS Suburban Residential to County RMH Manufactured Housing Residential. The Mayor declared the motion carried. Moved and seconded to adopt RES. 00-332, APPROVING FINAL PLAT OF WINDSOR RIDGE, PART TEN-A, A RESUBDIVISION OF A PORTION OF WINDSOR RIDGE PART TEN, IOWA CITY, IOWA. A public hearing was held on a resolution amending the FY2001 Operating Budget. Moved and seconded to adopt RES. 00-333, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE LISTING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA FOR THE COMMERCIAL UNITS REMAINING TO BE SOLD AT TOWER PLACE AND PARKING. Moved and seconded to adopt RES. 00-334, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND OLD CAPITOL MALL ASSOCIATES, L.P. FOR A GROUND LEASE FOR THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT. Moved and seconded to adopt RES. 00-335, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT. Moved and seconded to adopt RES. 00-336, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH AIRPORT DEVELOPMENT PROJECT. Moved and seconded that the ordinance amending City Code Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 2-3-2, entitled "Public Accommodation; Exceptions" to exempt discounts for services or accommodations based upon age from the prohibition on discrimination in public accommodations, be given first reading. The Mayor declared the motion carried. Moved and seconded to adopt RES. 00-337, AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE BY DECREASING THE POSITION OF CITY ATTORNEY FROM 1 FTE TO .6 FTE AND INCREASING THE POSITION OF ASSISTANT CITY ATTORNEY FROM 2.5 FTE TO 3 FTE. Moved and seconded to adopt RES. 00-338, RESOLUTION OF UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2001 FOR THE CITY ATTORNEY AT 60% TIME. Moved and seconded to appoint Elizabeth Hospodarsky, 1921 Morningside Drive, to the Animal Control Advisory Board for an unexpired term in addition to a three-year term ending April 5, 2004. The Mayor noted the previously-announced vacancies: Solid Waste Advisory Commission - Two vacancies to fill three-year terms ending October 1,2003, one vacancy to fill a two-year term ending October 1, 2002; and three vacancies to fill one-year terms ending October 1,2001. Housing and Community Development Commission - Two vacancies to fill three-year terms ending September 1,2003. Civil Service Commission - One vacancy to fill an unexpired term ending April Official Actions October 3, 2000 Page 4 2, 2001. Historic Preservation Commission - One vacancy to fill an unexpired term representing the College Green Historic District ending March 29, 2003. Appointments will be made October 17. Moved and seconded to adjourn 9:30 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 - 10/11/00 Subject to change as finalized by the City Clerk. For a final Official copy, contact the City Clerk's office at 356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 2, 2000 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Moved by O'Donnell, seconded by Champion, to adjourn to executive session to evaluate the professional competency of an individual whose appointment or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual and that individual requested a closed session. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Council adjourned into executive session 6:32 p.m. Council returned to open session 6:55 p.m. Moved by Champion, seconded by Kanner, to adjourn the special meeting at 6:58 p.m. The Mayor declared the motion carried unanimously, 7/0 all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 3, 2000 Iowa City City Council, regular meeting, 7:00 p.m., at the Civic Center, Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Staffmembers present: Atkins, Helling, Dilkes, O'Malley, Fowler, O'Neil, Karr, Franklin, Schmadeke, Logsden. Council minutes tape recorded on Tape 00-94, Both Sides; Tape 00-95; Side 1. The Mayor made a Special Presentation of a Certificate of Achievement for Excellence in Financial Reporting (for Fiscal Year Ended June 30, 1999) to City Finance Director O'Malley. The Mayor proclaimed: Breast Cancer Awareness Month - October and Mammography Day - October 20, Barbara Kamer and Karla Wysocki accepted; Merete Nielsen Balsvig Day - October 4, Merete Nielsen Balsvig accepted; Fire Prevention Week - October 8-14, Battalion Chief Jim Humston accepted. 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 Council Actions for Special Council meeting September 12, Special Council meeting September 18, and Regular Council meeting September 19, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission - August 10. Housing and Community Development Commission - June 15 Approve the MetroPlains Development (MDI Limited Partnership #65) Affordable Housing Funding Pool application for $225,000 contingent upon receipt of 2000 Low Income Housing Tax Credits. Iowa City Airport Commission - August 10. Iowa City Human Rights Commission - August 22 Approve a revision in the Human Rights Ordinance, Section 2-3-2A to read as follows: "It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, of any place of public accommodation because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age." Planning and Zoning Commission - September 7. Police Citizens Review Board - September 12 Approve an amendment to PCRB Standard Operating Procedures, Section IV.E.7. to now read "Before the hearing, the Board shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism shall be presented. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses." Iowa City Public Library Board of Trustees - August 24. Senior Center Commission - August 15. Permit Motions and Resolutions as Recommended by the City Clerk. Class C Liquor License for HMDS, Inc., dba Grizzly's Southside Pub & Grill, 1210 Highland Ct. Outdoor Service Area for HMDS, Inc., dba Grizzly's Southside Pub & Grill, 1210 Highland Ct. Class C Liquor License for Diamond Dave's Taco Company Leasing Corp., dba Diamond Dave's, 1604 Sycamore #330 Sycamore Mall. Class C Beer Permit for Nordstrom Oil Co., dba Sunset Handimart, 141 0 Willow Creek Dr. Class C Beer Permit for Krishna, Inc., dba Mini Mart, 731 S. Riverside Dr. RES. 00-326, Bk. 124, p. 326, TO ISSUE DANCING PERMIT for HMDS, Inc., dba Grizzly's Southside Pub & Grill, 1210 Highland Ct. Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St. Complete Description October 3, 2000 Page 2 Motions: Approve disbursements in the amount of $11,341,566.38 for the period of April 1 through April 30, 2000, as recommended by the Finance Director subject to audit. disbursements are published and permanently retained in the City Clerk's office in accordance with State Code. Resolutions, Bk. 124, RES. 00-327, p. 327, SETTING A PUBLIC HEARING for October 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY. RES. 00-328, p. 328, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIENS REGARDING TWO REHABILITATION AGREEMENTS AND THREE PROMISSORY NOTES AND THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA. RES. 00-329, p. 329, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, 10WA, FOR PROPERTY LOCATED AT 1664 DICKENSON LANE, IOWA CITY, IOWA. RES. 00-330, p. 330, ACCEPTING THE WORK FOR THE WILLOW CREEK TRAIL PHASE II IMPROVEMENT PROJECT. RES. 00-331, p. 331, APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY00. Correspondence: Eileen Fisher, Peter Wallace, Beth Ballinger (Clean Air for Everyone, CAFE) - smoke-free restaurant ordinance. Shirley Westcott - smoking issue. Geoffrey Johnson - smoking in restaurant issue. William Baschnagel - "21 Law". Gary Russell - street repair near Regina School. Scott Wright - pedestrian safety. Acting Traffic Engineering Planner: Installation of NO PARKING HERE TO CORNER signs on the east side of the 900 block of Webster Street. Installation of STOP sign on Village Road at the intersection with Wellington Drive. Installation of STOP signs on Commerce Drive and Independence Road at the intersections with 420th Street. Installation of pavement markings on Ruppert Road at the intersection with Iowa Highway 1. Installation of pavement markings and NO PARKING signs on Summit Street at the intersection with Kirkwood Avenue. Julie Phye/Stepping Up- Alcohol Purchase Survey. Council Member Kanner reported on the number of police visits and charges filed for possession under legal age for the establishments that have liquor licenses for renewal on the Consent Calendar. Mayor Lehman noted the HCDC recommendation an Affordable Housing Pool application as another example of how the community supports economic development. Affirmative roll call vote unanimous, 7/0 all Council Members present. The Mayor declared the motion carried. The following individuals appeared in support of the CAFI~ (Clean Air For Everyone) smoke free restaurant ordinance: Kathleen Hession, Northwest Jr. High; All Warth and Sara Wirtz, Northwest Jr. High; Beth Ballinger, CAFE; and Charles Major, 7 Blue Stem Ct. John Calvin Jones, appeared regarding alternatives to under age drinking and binge drinking. Caroline Dieterie appeared regarding drinking downtown and related issues. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing on an ordinance amending an approved OPDH-12 plan to allow a 40-unit assisted living building on 2.87 acres located on the southeast corner of Scott Boulevard and American Legion Road (Silvercrest). 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 Low Density Multi-Family Residential (RM-12) and Neighborhood Conservation Residential (RNC-20) to Medium Density Single-Family Residential (RS-8) for four (4) properties on the south side of the 900 block of Iowa Avenue, seventeen (17) properties on the 900 and 1000 blocks of Washington Street, ten (10) properties on the 100 and 200 blocks of South Summit Street, four (4) properties on the east side of the 10 and 100 blocks of Governor Street, three (3) properties on the west side of the 1000 block of Muscatine Avenue, and five (5) properties on the 900 and 1000 blocks of College Complete Description October 3, 2000 Page 3 Street (College Hill Neighborhood). The following individuals appeared: Martin Cassell, 1002 E. Washington St.; Jacob Thompson, River City Housing Cooperative (RCHC), 200 S. Summit St.; Dylan Tack, RCHC; Brianne Boylan, RCHC; Frank Gersh, 1123 E. College St; Ron Easton, 911 and 925 Washington St.; Ted Cizadlo, 1005 Muscatine Ave.; Kaveh Mosterfavi, 1002 E. College St.; Jack Tank, 1019 E. Washington St.; and Hillary Sale, 1016 E. College St. PCD Director Franklin present for discussion. Moved by Pfab, seconded by Kanner, to continue the public hearing to October 17, 2000. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the non-conforming use provisions of the Neighborhood Conservation Residential, RNC-12 zone, to make it clear any existing conforming multi-family use would continue to be conforming under the RNC-12 zone. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance conditionally amending the approved sensitive areas development plan for Lot 52 of Walden Hills, a 4.89 acre property located on the west side of Shannon Drive, south of Willow Creek, be given second vote. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance designating the property located at 13 S. Linn Street as an Iowa City Historic Landmark, be given second vote. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Vanderhoef, to defer to October 17, sending a letter to the Johnson County Board of Supervisors recommending denial of a rezoning of 125.43 acres located within Fringe Area C east of Dane Road and west and south of the Lakeridge Mobile Home Park from County A1 Rural and RS Suburban Residential to County RMH Manufactured Housing Residential. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 00-332, Bk. 124, p. 332, APPROVING FINAL PLAT OF WINDSOR RIDGE, PART TEN-A, A RESUBDIVISION OF A PORTION OF WINDSOR RIDGE PART TEN, IOWA CITY, IOWA. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution amending the FY2001 Operating Budget. Finance Director O'Malley reviewed the City's process. No one appeared. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 00-333, Bk. 124, p. 333, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE LISTING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA FOR THE COMMERCIAL UNITS REMAINING TO BE SOLD AT TOWER PLACE AND PARKING. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to defer until October 17. The Mayor declared the motion defeated, 2/5, with the following division of voice vote: Ayes: Pfab, Kanner. Nays: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Parking & Transit Director Fowler present for discussion. Moved by Champion, seconded by O'Donnell, to call the question. The Mayor declared the motion calling the question carried, 5/2, with the following division of voice vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab, Kanner. 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. 00-334, Bk. 124, p. 334, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND OLD CAPITOL MALL ASSOCIATES, L.P. FOR A GROUND LEASE FOR THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT. Parking & Transit Director Fowler present for discussion. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 00-335, Bk. 124, p. 335, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Complete Description October 3, 2000 Page 4 ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT to Streb Construction Co., Inc. for $201,393.10. Parking & Transit Director Fowler present for discussion. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 00-336, Bk. 124, p. 336, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH AIRPORT DEVELOPMENT PROJECT to Streb Construction Co., Inc. for $1,149,917.80. City Atty. Dilkes noted the bid was filed in the Clerk's office one minute after the deadline, and after review it was her determination that it was not a material defect and given the next bid was $20,000 higher, recommended award to Streb Construction. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending City Code Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 2-3-2, entitled "Public Accommodation; Exceptions" to exempt discounts for services or accommodations based upon age from the prohibition on discrimination in public accommodations, be given first reading. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, to adopt RES. 00-337, Bk. 124, p. 337, AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE BY DECREASING THE POSITION OF CITY ATTORNEY FROM 1 FTE TO .6 FTE AND INCREASING THE POSITION OF ASSISTANT CITY ATTORNEY FROM 2.5 FTE TO 3 FTE. Individual Council Members expressed their views. Moved by Kanner, seconded by Pfab, to defer the resolution to October 17, 2000. The Mayor declared the motion defeated, 2/5, with the following division of voice vote: Ayes: Pfab, Kanner. Nays: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 00-338, Bk. 124, p. 338, RESOLUTION OF UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2001 FOR THE CITY ATTORNEY AT 60% TIME. The Mayor declared the resolution adopted, 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 appoint Elizabeth Hospodarsky, 1921 Morningside Drive, to the Animal Control Advisory Board for an unexpired term in addition to a three-year term ending April 5, 2004. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously-announced vacancies: Solid Waste Advisory Commission - Two vacancies to fill three-year terms ending October 1, 2003, one vacancy to fill a two-year term ending October 1,2002; and three vacancies to fill one-year terms ending October 1,2001. Housing and Community Development Commission - Two vacancies to fill three-year terms ending September 1,2003. Civil Service Commission - One vacancy to fill an unexpired term ending April 2, 2001. Historic Preservation Commission - One vacancy to fill an unexpired term representing the College Green Historic District ending March 29, 2003. Appointments will be made October 17. Council Member O'Donnell stated he was receiving complaints regarding skateboarders and bicyclists in the Ped Mall downtown, and stated new signage would be up shortly; and said he was looking forward to the Parks & Recreation Commission report on a dog park to address concerns regarding dogs running loose at Hickory Hill. Council Member Vanderhoef noted her attendance at the Iowa League of Cities meeting in Dubuque and reported the election of City Mgr. Atkins to a second term on the Board of Directors; participation in an economic development tour and will report to our local Economic Development Complete Description October 3, 2000 Page 5 Committee; announced the unanimous passed of the Legislative Policy previously distributed; and reminded Council of the City Hall Day with area legislators scheduled for October 12 at 7:00 p.m. Council Member Wilburn stated he had attended the League meeting in Dubuque as well, and acknowledged the presentation of the 24 hour City Hall, utilizing the web site, by City staff. Council Member Kanner reported on his attendance at the League meeting noting he appreciated the opportunity to network with other cities, and shared information on a workshop on trail system and the possible impacts to the community. Mayor Lehman encouraged fellow Council Members to donate blood at the University DeGowan Blood Center. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 9:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk