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HomeMy WebLinkAbout2001-03-05 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 MARCH 5, 2001 Iowa City City Council Special meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Franklin, O'Malley, Schmadeke, Fosse. Council minutes tape recorded on Tape 01-26, Side 2; 01-30, Both Sides; 01-31, Side 1. The Mayor presented Outstanding Student Citizenship Awards to Regina Elementary students: Alex Iben, Courtney Jensen, Nina Reynolds The Mayor proclaimed: American Red Cross Month - March, Dr. Kim Johnson, Grant Wood Chapter Board accepting; Athletic Training Month - March, Ed Crowley, Director of Athletic Services, University of Iowa accepting; Mental Retardation Awareness Month, Lori Bears, Board of ARC accepting; International Women's Day - March 8. Moved by Vanderhoef, 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 regular meeting of February 20, as published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Public Art Advisory Committee - February 14. Iowa City Public Library Board of Trustees - January 25. Iowa City Public Library Board of Trustees - February 6. Iowa City Telecommunications Commission - January 29. Planning and Zoning Commission - February 1. Rules Committee - February 22 Approve amendments to Telecommunications Commission By-Laws. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Beer Permit for DeliMart, Corp., dba DeliMart #2, 1920 Lower Muscatine Rd. Motions: consider a motion to approve disbursements in the amount of $16,418,957.13 for the period of January 1 through January 31,2001, as recommended by the Finance Director subject to audit. Setting Public Hearings, Bk. 125: RES. 01-42, p. 42, SETTING A PUBLIC HEARING for March 20 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD IMPROVEMENT - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT STP-U- 3715(618)--70-52, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-43, p. 43, SETTING A PUBLIC HEARING for March 20 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORMWATER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 125: RES. 01-44, p. 44, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 62 REGAL LANE, IOWA CITY, IOWA. RES. 01- Complete Description * Revised 3/19/01 March 5, 2001 Page 2 45, p. 45, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT AND A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 529 BROWN STREET, IOWA CITY, IOWA. RES. 01-46, p. 46, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 624 EAST COLLEGE STREET, IOWA CITY, IOWA. RES. 01-47, p. 47, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRSTAR BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 428 FIFTH AVENUE, IOWA CITY, IOWA. Correspondence: Arn Family - North District past and present. Jay Honohan - Senior Center 28E Agreement Committee. Jim and Cynthia Helms (Jaycees) - Fireworks Festival. Marc Moen - appreciation. Mike Lehman (JC Board of Supervisors) - Donovan's Green Acres Subdivision. Bob Dostal - sidewalks. Arthur Schut (MECCA) - alcohol. Polly and Armond Pagliai - alcohol. Jan Capaccioli - alcohol. Ben Patience - alcohol. Kate Newberg - alcohol (2). Jane Hoshi (UI Parents Board) - alcohol. Jeanne Bock - alcohol. Joan Vanden Berg - youth survey data. Lisa and Ronald Sweeting - purchase of land. Jack O'Brien - Iowa Avenue. Gloria Schulte - Library parking. John Mortier - deer hunt. Charlotte Walker - Senior Center change - Council of Elders. Beverly Klein - Wright Street. The Mayor repeated the public hearings as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The following individuals appeared regarding utilization of the City owned space in the Lenoch and Cilek building: Gary Sanders, 1124 S. 7th Ave. and Marian Karrar, 326 Red Fox Rd. SE, Cedar Rapids. Majority of Council agreed to discuss the matter at their next work session, and request input from the Library Board. Mark Brown, 320 S. Dubuque, encouraged further development in the downtown area. · Arty. Jay Sigafoose, representing Marty Gaffey, appeared re Council's pending review of the City development code and particularly the Neighborhood Commercial 1 zone. Nancy Ostrognai and Marilyn Beldon, 922 E. Jefferson St., invited Council to attend the Alternative Transportation Solutions for Today and Tomorrow scheduled April 27-26 at the Sheraton Iowa City Hotel. Ms. Beldon also noted the cooperation of City staff regarding accessibility issues in Hickory Hill Park. Charles Major, 7 Blue Stem Ct., noted the sunset clause coming up for the Police Citizens Review Board and encouraged no action on the part of Council to extend it. Holly Berkowitz, 612 Granada Ct., appeared regarding transportation issues. Moved by Champion, seconded by Vanderhoef, to set a public hearing for March 20 on an ordinance changing the zoning designation by establishing a Conservation Overlay Zone for properties generally located south of Burlington Street along Governor and Lucas Streets. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to set a public hearing for March 20 on an ordinance changing the zoning designation from High Density Multi- family Residential, RM-44, to Sensitive Areas Overlay, OSA-44, for approximately 4.01 acres of property to allow 39 dwellings in three buildings located on the east side of Harlocke Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description March 5, 2001 Page 2 45, p. 45, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO THE RELEASE OF LIEN REGARDING A REHABILITATION ~EEMENT AND A RENTAL REHABILITATION LIEN FOR THE ERTY LOCATED AT 529 BROWN STREET, IOWA CITY, IOWA. RES. 46, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLER / : T THE RELEASE OF LIEN REGARDING A RENTAL .I TION LIEN FOR THE PROPERTY LOCATED AT 824 EAST SUBORDINATIO AGREEMENT BETWEEN THE CITY OF IOWA Y AND FIRSTAR BANK, CITY, IOWA FOR PROPERTY LOCATED T 428 !8E Agreement Committee. Jim and Cynthia Helms (Jaycees) Festival. Marc Moen - apprec'Mike Lehman (JC Board of Su ~ors) - Donovan's Green Subdivision. Bob Dostal - sidewalks. Schut (MECCA) - alcohc and Armond Pagliai - alcohol. Jan Capaccio - alcohol. Ben Patien - alcohol. Kate Newberg - alcohol (2). Jane UI Parents - alcohol. Jeanne Bock - alcohol. Joan Vanden Berg - youth, survey data. and Ronald Sweeting - purchase of land. Jack O'Brien -Iow, a Avenue. brary parking. John Mortier - deer hunt. Cha/1Otte Wa - Senior Center change - Council of Elders. Beverly Klein -Wric The Mayor repeated the public hearings as call vote unanimous, 7/0, all Council Members present. The Mayor d~ motion carried. The following individuals appeared reg~ b,tilization of the City owned th space in the Lenoch and Cilek building: Ga 1124 S. 7 Ave. and Marian Karrar, 326 Red Fox Rd. SE, Cedar Rapid 'of Council agreed to discuss the matter at their next work session, an~ input from the Library Board. Mark Brown, 320 S. Dubuque, encouraged ~pment in the downtown area. Atty. Jay Siegafooce, representing M appeared re Council's pending review of the City development codparticularly the Neighborhood Commercial 1 zone. Nancy Ostrognai and Ma Beldon, 922 E. Jefferson St., invited Council to attend the Alternative Transporl Solutions for Today and Tomorrow scheduled April 27-28 at the Sheraton IcCity Hotel. Ms. Beldon also noted the cooperation of City staff regarding issues in Hickory Hill Park. Charles Major, 7 Blue Stem Ct., noted the coming up for the Police Citizens Review Board and encouraged no the Dart of Council to extend it. Holly Berkowitz, 612 Granada Ct., issues. Moved by Cha ~ion, seconded by Vanderhoef, to set a public hearing for March 20 on an ordi ging the zoning designation by establishing a Conservation Ovel Zone for properties generally located south of Burlington Street alone and Lucas Streets. The Mayor declared the motion carried unanimousl~ Council Members present. Moved y Champion, seconded by Vanderhoef, to set a public hearing f, r March 20 on ordinance changing the zoning designation from High Density ~ulti- family Resi~ RM-44, to Sensitive Areas Overlay, OSA-44, for approximately 4.01 acre,' , to allow 39 dwellings in three buildings located on the east side of H Street. The Mayor declared the motion carried unanimously, 7/0, all Council. present. Complete Description March 5, 2001 Page 3 A public hearing was held on an ordinance amending the zoning code, section 14-61-1Q, to allow adult day care in commercial zones on streets less than 28 feet in width. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-48, Bk. 125, p. 48, RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WESTCOTT HEIGHTS PART THREE, (PHASE 1), JOHNSON COUNTY, IOWA. Council Member Kanner stated he would be voting against the request as there are already other appropriate areas in the county designated residential. 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. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Foster Road and Mormon Trek Boulevard landscaping project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 01-49, Bk. 125, p. 49, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD AND MORMON TREK BOULEVARD LANDSCAPING 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 the construction of the Captain Irish Parkway Extension (Phase II) and First Avenue Extension 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. The following individuals appeared: Holly Berkowitz, 612 Granada Ct.; Louise Young, 320 S. Dubuque St.; and Margaret Ketterer, 2526 Mayfield Rd. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 01-50, Bk. 125, p. 50, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION 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. 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. Absent: None. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the 2001 Asphalt Resurfacing 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 Pfab, seconded by Wilbum, to adopt RES. 01-51, Bk. 125, p. 51, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2001 ASPHALT RESURFACING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND Complete Description March 5, 2001 Page 4 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. Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 14, "Unified Development Code", Chapter 3, "City Utilities", Section 14-3A-6, entitled "Billing and Collection Procedures; Delinquent Accounts" of the City Code to revise the procedures for certification to the County Treasurer of liens for unpaid water, wastewater and/or recycling services, be given first consideration. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Q'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 01-3960, Bk. 44, p. 6, AMENDING CITY CODE TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE K ENTITLED "CONDOMINIUM CONVERSION CODE" TO ESTABLISH PROCEDURES FOR CONVERSION OF EXISTING STRUCTURES USED FOR HUMAN HABITATION TO HORIZONTAL PROPERTY REGIMES (CONDOMINIUMS), be voted on for final passage at this time. Individual Council Members expressed their views. 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. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be adopted at this time. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 01-52, Bk. 125, p. 52, ADOPTING FEES FOR CONVERSION OF EXISTING STRUCTURES USED FOR HUMAN HABITATION TO HORIZONTAL PROPERTY REGIMES (CQNDOMINIUMS). Affirmative roll call vote unanimous, 7/0 all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending Title 6, Chapter 1 (Nuisances) of the Code of Ordinances of the City of Iowa City by adding Standards and Procedures to control the number of vehicles parked, stored, placed or kept outside on private property, be passed and adopted. Individual Council Members expressed their views. Moved by Champion, seconded by O'Donnell, to amend the ordinance to include language that any pre-existing conditions in violation of this ordinance would have one year to comply. Caroline Dieterie, Walnut St., appeared. The Mayor declared the motion to amend carried, 4/3, with the following division of voice vote: Ayes: O'Donnell, Vanderhoef, Champion, Lehman. Nays: Kanner, Pfab, Wilburn. Absent: None. The City Attorney stated the change reflects a substantial change in the ordinance and would require starting over with the readings. The Mayor declared the first consideration of the amended ordinance carried, 4/3, with the following division of voice vote: Ayes: O'Donnell, Vanderhoef, Champion, Lehman. Nays: Kanner, Pfab, Wilburn. Absent: None. Moved by Champion, seconded by Wilburn, to adopt RES. 01-53, Bk. 125, p. 53, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE NATIONAL SCULPTURES' GUILD WITH AND THROUGH ITS ARTIST FOR THE WEST PAD OF THE DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING Complete Description March 5, 2001 Page 5 THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. PCD Dir. Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by (:)'Donnell, seconded by Champion, to adopt RES. 01-54, Bk. 125, p. 54, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2002, as presented. The following individuals appeared: Carl Williams, 15 S. 7th Ave; Caroline Dieterie, Walnut St.; Charles Majors, 7 Blue Stem Ct.; and Elaine Ditsler, 1108 Oakes St #9. Individual Council Members expressed their views. Council Member Kanner stated he would be presenting a number of amendments and noted hard copies as distributed. Moved by Kanner to amend the budget by subtracting $100,000 expenditure for two police officers. The Mayor declared the motion died for lack of a second. Moved by Kanner, seconded by Pfab, to not apply for $64,753 grant - Iowa Office of Drug Control, "Edward Byrne Memorial State and Local Law Enforcement Assistance Program Funding" (from U.S. Dept. of Justice). The Mayor declared the motion to amend defeated, 1/6, with the following division of voice vote: Ayes: Kanner. Nays: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Absent: None. The Mayor declared the resolution adopting the budget adopted, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, Pfab, O'Donnell. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from: Caroline Dieterie and Elaine Ditsler. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-55, Bk. 125, p. 55, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2002 THROUGH 2004 AND THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2005. Moved by Vanderhoef, seconded by Champion, to amend the 2002 Capital Plan by adding $500,000 to the First Avenue project budget and reducing by $500,000 the Captain Irish project budget. Individual Council Members expressed their views. The Mayor declared the motion to amend carried, 5/2, with the following division of voice vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by Kanner, seconded by Pfab, to amend the three year Financial Plan as stated as #1 thru #4 in Council Member Kanner's memo: 1) add $5,452 expenditure - Aid to Human Service Agencies (FY03 & 04); 2) add $20,000 expenditure - Family Resource Centers (FY02) and add $40,000 expenditures - Family Resource Centers (FY03 & 04); 3) add $10,000 expenditure - Childcare Expansion Grant to UI COGS (FY02); and 4) add $1,460 expenditure - Child Care at City Council Formal Meetings (FY02). Council Member Wilburn left the room due to a conflict of interest. The Mayor declared the motion to amend defeated, 2/4, with the following division of voice vote: Ayes: Kanner, Pfab. Nays; Lehman, O'Donnell, Vanderhoef, Champion. Absent: Wilburn. Council Member Wilburn returned to the meeting. Moved by Kanner, seconded by Pfab, to amend the three year Financial Plan as stated as #5 thru #16 in Council Member Kanner's memo: 5) add $20,000 expenditure - Community Service Officers in schools (FY02); 6) add $51,000 expenditure - Natural Areas Manager (for Parks and Rec) (FY02); 7) add $10,000 expenditure - limit parking ramp permit increase for seniors at Senior Center (FY02); 8) add $3,500 expenditure - Community Groups/Events (FY02); 9) add $400,000 expenditure - Public Transit (FY02); 10) not apply for $64,753 grant - Iowa Office of Drug Control, "Edward Bryne Memorial State and Local Law Enforcement Assistance Complete Description March 5, 2001 Page 6 Program Funding" (from U.S. Dept. of Justice) (FY02); 11 ) subtract $100,000 expenditure - two police officers (FY02); 12) subtract $5,000 expenditure - Parks Consultant (Parks & Rec) (FY02); 13) subtract $20,000 expenditure - one half library network/data administrator (FY02); 14) subtract $27,000 expenditure 0 subsidy to Iowa City Airport (FY02); 15) subtract $25,000 expenditure - "Economic Development" (FY02); 16) add $600,000 income - increasing parking fees at lots and ramps by .20 cents/hr (FY02). The Mayor declared the motion to amend defeated, 1/6, with the following division of voice vote: Ayes: Kanner. Nays: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Absent: None. Moved by Kanner, seconded by Pfab, to amend the multi-year Capital Improvements Program as stated in #1 thru #10 of Council Member Kanner's memo: 1) remove the $12,000,000 expenditure - planned Burlington St. parking ramp ("Transit Intermodal Facility") (FY02-04); 2) remove $2,000,000 - $400,000 expenditure - Dodge St. Reconstruction - 1-80/Governor (FY02-04); 3) remove $7,533,000 expenditure - Mormon Trek - Hwy 1 to Hwy 921 (FY03-05); 4) delay First Avenue extended start - from FY01 to FY02; 5) delay Captain Irish Pkwy - ACT/Rochester from FY02 to FY03; 6) remove $200,000 each year -"Economic Development" (FY02-FY05); 7) add $100,000 income - from the Airport to pay off Airport related to G.O. bond debt- FY02; 8) add $200,000 income - from the Airport to pay off Airport related G. O. bond debt - FY03; 9) add $400,000 income - from the Airport to pay off Airport related to G.O. bond debt-FY04; 10) add $400,000 income - from the Airport to pay off Airport related to G.O. bond debt-FY05. The Mayor declared the motion to amend defeated, 1/6, with the following division of voice vote: Ayes: Kanner. Nays: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Absent: None. The Mayor declared the resolution adopted as amended, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-56, Bk. 125, p. 56, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO A LEASE OF THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE STREET, PURSUANT TO WHICH GREYHOUND LINES, INC. WILL RENEW ITS LEASE FOR A TERM OF THREE YEARS. Individual Council Members expressed their views. Moved by Kanner, seconded by Pfab, to defer to 3/20. The Mayor declared the motion failed, 2/5, with the following division of voice vote: Ayes: Lehman, 0'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Moved by Kanner, seconded by Pfab, to amend the lease to ban smoking in the building. The Mayor declared the motion failed, 3/4, with the following division of vote by show of hands: Ayes: Champion, Lehman, O'Donnell, Vanderhoef. Nays: Kanner, Wilburn, Pfab. Absent: None. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Kanner, Vanderhoef, Wilburn. Nays: Pfab. Absent: None. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-57, Bk. 125, p. 57, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY TRANSIT INTERCHANGE PROJECT PHASE II (REBID) PROJECT. to Apex Construction of Iowa City for $155,900. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Kanner, to adopt RES. 01-58, Bk. 125, p. 58, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE Complete Description March 5, 2001 Page 7 HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U-3715(615)- - 70-52, to McAninch Corporation of West Des Moines for $1,892,597.50. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 01-59, Bk. 125. p, 59, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AND AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U-3715(615)- -70-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 01-60, Bk. 125, p. 60, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AND AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE RECONSTRUCTION OF THE 10WA RIVER DAM AND PEDESTRIAN BRIDGE. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Q'Donnell, to approve a tentative agreement between the Iowa City Association of Professional Firefighters and the City of Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the appointment to the Civil Service Commission for one appointment for a four-year term ending April 4, 2005; will be readvertised. Moved by Pfab, seconded by Kanner, to reappoint Michael Gunn, 1101 Sheridan Avenue and Richard Carlson, 309 Finkbine Lane, #10, to the two appointments to the Historic Preservation Commission for three-year terms ending March 29, 2004; approve a recommendation by the Project GREEN Fund Committee to reappoint Janet Maas to the Project Green Fund for a three-year term ending March 1,2004. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: Historic Preservation Commission, Brown Street District, one vacancy to fill a three-year term March 29, 2001 - March 29, 2004. Planning and Zoning Commission - Two vacancies. (1) unexpired term ending May 1,2001 in addition to a five-year term May 1,2001 - May 1, 2006 and (1) five-year term May 1,2001 - May 1,2006. Public Art Advisory Committee - One vacancy for an unexpired term January 1, 1999 - January 1, 2002. Deadline for application is 5:00 p.m., Wednesday, March 14. Council Member O'Donnell reported on the Big Brothers/Big Sisters bowl for kids sake fundraising event. Council Member Vanderhoef stated she would be attending the National League of Cities Conference in Washington D.C. next week. Council Member Wilburn noted that March 9 Senator Joe Bolkcom would be moderating a panel discussion on Iowa's approach to racial profiling as part of the African American State Conference, and the five member panel will include Police Chief Winkelhake, the warden at the Iowa Correctional Institution for Women, Police Chief from Davenport, the Commissioner of the Iowa Department of Public Safety and himself; also noted a local forum on racial profiling scheduled in Council Chambers on March 6. Complete Description March 5, 2001 Page 8 Council Member Kanner thanked the Mayor for allowing discussion on budget amendments; and congratulated the University of Iowa Women's Basketball team on winning the Big Ten tournament. Mayor Lehman noted the special promotion planned by the City Transit Department, stating anyone wearing green on St. Patrick's Day would ride free on Saturday March 17; and anyone showing a ticket stub to the NCAA Wrestling tournament being held in Iowa City March 15-17 would ride the bus free on those days. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 10:05 p.m. The . Lehman, M~yor Manan 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. I 03-05-01 The cost of publishing the following proceedings and claims is $ 4a Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 2/20/01 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. Absent: None. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Cassie Decker, Paula Dread, Amanda Fuhrmeister. The Mayor proclaimed: Special Olympics Month - February, Joyce Rossie and Special Olympians accepting; Iowa City Noon Kiwanis Club Day, - February 22, George Dane accepting; Sertoma's Freedom Week - February 19-23; Peace Corps Day - March 1; International Volunteer Week - March 1-8, Kristina Venkze accepting. The Mayor presented the State of the City Address. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or appreved, and/or adopted as amended: Approval of Official Council Actions for regular meeting of February 6, as published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission - December 14. Historic Preservation Commission - January 11. Iowa City Board of Adjustment- December 13. Iowa City Board of Adjustment - January 10. Iowa City Public Library Board of Trustees - December 21. Iowa City Telecommunications Commission - January 29 Recommendation: Adopt changes to the Commission by-laws. Planning & Zoning Commission - January 18. Planning and Zoning Commission - February 1. Police Citizens Review Board - January 9. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #1, 1720 Waterfront Dr. Class B Wine License for Hy-Vee, Inc., dba Hy-Vee #1, 1720 Waterfront Dr. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee #1, 1720 Waterfront Dr. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #2,812 S. First Ave. Class B Wine Permit for Hy-Vee, Inc., dba Hy-Vee #2,812 S. First Ave. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee #2,812 S. First Ave. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Class B Wine Permit for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Setting Public Hearings: RES. 01-30, SETTING A PUBLIC HEARING for March 5 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD AND MORMON TREK BOULEVARD LANDSCAPING 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. 01-31, SETTING A PUBLIC HEARING for March 5 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2001 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Official Actions February 20, 2001 Page 2 Resolutions: RES. 01-32, p. 32, AUTHORIZING EXECUTION OF FY2000 RESIDENT OPPORTUNITIES AND SELF-SUFFICIENCY PROGRAM GRANT AGREEMENT. RES. 01-33, ACCEPTING THE WORK FOR THE IAIS/CRANDIC INTERCHANGE PROJECT, STP-A-3715(12)--86- 52. RES. 01-34, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SCOTT BOULEVARD EAST - PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Rahima Wade - invitation to Iowa City Youth Summit. Eleanor Trummel - mailbox delivery. Scott McBride - golf. Betsy and Peter Riesz - SEATS. Anna Gay - downtown shuttle. Rebecca Soglin - shuttle. Ted Hoffman - alley access and condition. Jim Waiters - current Council matters. JCCOG Traffic Engineering Planner. Installation of a NO PARKING COMMERCIAL LOADING ZONE Sign on the South Side of Court Street between Madison Street and Front Street. Designation of a NO PARKING ANY TIME zone on the west side of WooIf Avenue between Rider Street and the WooIf Avenue Bridge. Council Member Kanner requested separate consideration item 5d(2) the setting of a public hearing on Captain Irish and First Avenue Extensions. The Mayor repeated public hearings as set and declared the motion carried. Moved and seconded to adopt RES. 01-35, SETTING A PUBLIC HEARING for March 5 ON PLANS, SPECIFICATIONS FORM OF CONTRACT FOR CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Brandon Ross appeared regarding First Avenue extension construction, kiosks, parking facilities, and bicycle paths. Moved and seconded to set a public hearing for March 5 on an ordinance amending the zoning code, section 14-61-1Q, to allow adult day care in commercial zones on streets less than 28 feet in width. The Mayor declared the motion carried. Moved and seconded that ORD. 01-3957, CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 2 ACRE PROPERTY LOCATED ON THE WEST SIDE OF SOUTH GILBERT STREET, SOUTH OF NAPOLEON LANE, FROM INTERIM DEVELOPMENT (ID-RM) TO COMMUNITY COMMERCIAL (CC-2), be passed and adopted. The Mayor declared the ordinance adopted. Moved and seconded that ORD. 01-3958, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 82.1 ACRES BY ADOPTING A REVISED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN CONTAINING UP TO 410 DWELLING UNITS ON PROPERTY LOCATED AT THE WEST END OF FOSTER ROAD, be passed and adopted. Moved and seconded to adopt RES. 01-36, APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD, IOWA CITY, IOWA. Atty. Michael Pitton, Oakes Development Company, appeared. Moved and seconded to accept correspondence from Atty. Michael Pitton. The M~ynr declared the motion ~a4:r-~. Moved and seconded that ORD. 01-3959, AMENDING CITY CODE TITLE 14, CHAPTER 6 ENTITLED "ZONING", ARTICLE N ENTITLED "OFF-STREET Official Actions February 20, 2001 Page 3 PARKING AND LOADING," TO REQUIRE ONLY ONE OFF-STREET PARKING SPACE FOR SMALL ONE-BEDROOM DWELLINGS, be passed and adopted. Moved and seconded to defer to March 5, approving a final plat of Westcott Heights Part Three, a 78.96 acre, 47-1ot residential subdivision located in Johnson County on the west side of Prairie Du Chien Road, south of Newport Road. The Mayor declared the motion carried. Moved and seconded to send a letter to the Johnson County Board of Supervisors indicating that the City has no objection to the request submitted by JEBB LC to rezone approximately 1.76 acres located east of Dane Road and west of Lakeridge Mobile Home Park from County A1, Rural, and County RS, Suburban Residential, to County RMH, Manufactured Housing Residential. The Mayor declared the motion carried. A public hearing was held to discuss the proposed operating budget for the fiscal year July 1,2001, through June 30, 2002, the proposed Three-Year Financial Plan, and also the Multi-Year Capital Improvements Program through fiscal year 2005. The following individuals appeared: Angela Brown, presented a petition from 400 people protesting the elimination of the free downtown shuttle bus; Atty. Rick Zimmerman, Hawkeye Chapter of the Iowa Civil Liberties Union and Iowa Civil Liberties Union; Jeff Cox, 112 S. Dodge; Caroline Dieterie, Walnut St.; Carol de Prosse, Lone Tree; Carl Williams; Jim Waiters, 1033 E. Washington; and Matt Blizek, 650 S. Main. Police Chief Winkelhake present for discussion. Moved and seconded to accept correspondence from: Luann Dvorak and Sean Ryan, Angela Brown, Carolyn Dieterie, Arty. Rick Zimmerman, Jeff Cox, Jim and Cynthia Helms. The Mayor declared the motion carried. A public hearing was held on proceedings to take additional action for the issuance of not to exceed $15, 115,000 Sewer Revenue Bonds of Iowa City, Iowa. Moved and seconded to adopt RES. 01-37, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $15,115,000 SEWER REVENUE BONDS. A public hearing was held on proceedings to take additional action for the issuance of $9,825,000 General Obligation Bonds of Iowa City, Iowa. Moved and seconded to adopt RES. 01-38, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS. A public hearing was held on a purchase agreement between the City of Iowa City and Graytowne Apartments for condominium unit 2A in Tower Place & Parking and to dispose of Unit 2A in accordance therewith. Moved and seconded to adopt RES. 01-39, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GRAYTOWNE APARTMENTS FOR CONDOMINIUM UNIT 2-A IN TOWER PLACE & PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREIN. A public discussion was held on the proposed alcohol ordinances. The following individuals appeared: Leah Cohen, 1638 Teg Dr., Bo James; Sarah Hansom, Health Iowa, 711 Kimball Dr.; Paul Cadsten; Mary Khowassah, Student Health physician, 46 Kennedy Parkway; Nan Trefz, 723 Oakland Ave.; Sarah Dull, advanced graduate student; Cathy Solow, 607 Templin Rd.; Matt Blizek, 650 S. Main; Ryan Rooney, Malone's Irish Pub; Daryl Woodson, Sanctuary; Keith Dempster, Mill; and Deanna Olson. Moved and seconded to accept correspondence from: Michael Crane, Steve Parrott, Celine Hartwig, Jane Hoshi, Denise Ramsey, Jan Capaccioli. The Mayor declared the motion carried. Official Actions February 20, 2001 Page 4 Moved and seconded that the ordinance amending City Code Title 14, Entitled "Unified Development Code," Chapter 5, Entitled "Building and Housing," by adding a new Article K Entitled "Condominium Conversion Code" to establish procedures for conversion of existing structures used for human habitation to horizontal property regimes (condominiums), be given first consideration. The Mayor declared the motion carried. Moved and seconded that ordinance amending title 6, Chapter 1 (Nuisances) of the Code of Ordinances of the City of Iowa City by adding standards and procedures to control the number of vehicles parked, stored, placed or kept outside on private property, be passed and adopted. Jim Waiters and James Thomas appeared. Moved and seconded to accept correspondence from Karen Kubby. The Mayor declared the motion carried. Moved and seconded to defer consideration of the ordinance to March 5. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-40, ESTABLISHING FEES FOR THE REGULATION OF ABANDONEDNACANT BUILDINGS. Moved and seconded to adopt RES. 01-41, ADOPTING CITY OF IOWA CITY LAW ENFORCEMENT NON-DISCRIMINATION RESOLUTION. The Mayor noted the previously-announced vacancies: Historic Preservation Commission - Two vacancies for three-year terms ending March 29, 2004 (one At- Large and one Summit Street District). Civil Service Commission - One vacancy for a four-year term ending April 4, 2005. Deadline for application is 5:00 p.m., Wednesday, February 28. Historic Preservation Commission - One vacancy to fill a three-year term March 29, 2001 - March 29, 2004. Planning and Zoning Commission - Two vacancies. (1) unexpired term ending May 1,2001 in addition to a five-year term May 1,2001 - May 1,2006 and (1) five-year term May 1,2001 - May 1,2006. Public Art Advisory Committee - One vacancy for an unexpired term January 1, 1999 - January 1,2002. Deadline for application is 5:00 p.m., Wednesday, March 14. Moved and seconded to adjourn 11:35 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 Subm/~ed for publication - 2/28/01. 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 FEBRUARY 20, 2001 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. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, O'Malley, Mansfield, Franklin, Winkelhake. Council minutes tape recorded on Tape 01-20, Side 2; 01-24 & 01-25, Both Sides; 01-26, Side 1. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Cassie Decker, Paula Dread, Amanda Fuhrmeister. The Mayor proclaimed: Special Olympics Month - February, Joyce Rossie and Special Olympians accepting; Iowa City Noon Kiwanis Club Day, - February 22, George Dane accepting; Sertoma's Freedom Week- February 19-23; Peace Corps Day - March 1; International Volunteer Week - March 1-8, Kristina Venkze accepting. The Mayor presented the State of the City Address. 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 regular meeting of February 6, as published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission - December 14. Historic Preservation Commission - January 11. Iowa City Board of Adjustment - December 13. Iowa City Board of Adjustment -January 10. Iowa City Public Library Board of Trustees - December 21. Iowa City Telecommunications Commission - January 29 Recommendation: Adopt changes to the Commission byelaws. Planning & Zoning Commission -January 18. Planning and Zoning Commission - February 1. Police Citizens Review Board - January 9. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #1, 1720 Waterfront Dr. Class B Wine License for Hy-Vee, Inc., dba Hy-Vee #1, 1720 Waterfront Dr. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee #1, 1720 Waterfront Dr. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #2,812 S. First Ave. Class B Wine Permit for Hy-Vee, Inc., dba Hy-Vee #2,812 S. First Ave. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee #2, 812 S. First Ave. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Class B Wine Permit for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Setting Public Hearings, Bk. 125: RES. 01-30, p. 30, SETTING A PUBLIC HEARING for March 5 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD AND MORMON TREK BOULEVARD LANDSCAPING 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. 01-31, p. 31, SETTING A PUBLIC HEARING for March 5 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2001 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK Complete Description February 20, 2001 Page 2 TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 125: RES. 01-32, p. 32, AUTHORIZING EXECUTION OF FY2000 RESIDENT OPPORTUNITIES AND SELF-SUFFICIENCY PROGRAM GRANT AGREEMENT. RES. 01-33, p. 33, ACCEPTING THE WORK FOR THE IAIS/CRANDIC INTERCHANGE PROJECT, STP-A- 3715(12)--86-52. RES. 01-34, p. 34, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SCOTT BOULEVARD EAST - PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Rahima Wade - invitation to Iowa City Youth Summit. Eleanor Trummel - mailbox delivery [City Manager response included]. Scott McBride - golf. Betsy and Peter Riesz - SEATS. Anna Gay - downtown shuttle. Rebecca Soglin - shuttle. Ted Hoffman - alley access and condition. Jim Waiters - current Council matters. JCCOG Traffic Engineering Planner. Installation of a NO PARKING COMMERCIAL LOADING ZONE Sign on the South Side of Court Street between Madison Street and Front Street. Designation of a NO PARKING ANY TIME zone on the west side of WooIf Avenue between Rider Street and the WooIf Avenue Bridge. Council Member Kanner requested separate consideration item 5d(2) the setting of a public hearing on Captain Irish and First Avenue Extensions, and noted all the liquor renewals were not listed on the Police report concerning police visits and charges filed for possession under legal age. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor repeated public hearings as set and declared the motion carried. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-35, Bk. 125, p. 135, SETTING A PUBLIC HEARING for March 5 ON PLANS, SPECIFICATIONS FORM OF CONTRACT FOR CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Individual Council Members expressed their views. 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. Brandon Ross appeared regarding First Avenue extension construction, kiosks, parking facilities, and bicycle paths. Moved by Vanderhoef, seconded by Pfab, setting a public hearing for March 5 on an ordinance amending the zoning code, section 14-61-1Q, to allow adult day care in commercial zones on streets less than 28 feet in width. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, that ORD. 01-3957, Bk. 44, p. 3, CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 2 ACRE PROPERTY LOCATED ON THE WEST SIDE OF SOUTH GILBERT STREET, SOUTH OF NAPOLEON LANE, FROM INTERIM DEVELOPMENT (ID-RM) TO COMMUNITY COMMERCIAL (CC-2) (Olin Lloyd/Public Works Facility), be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab. Absent: None. Complete Description February 20, 2001 Page 3 Moved by O'Donnell, seconded Vanderhoef, that ORD. 01 ~3958, Bk. 44, p. 4, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 82.1 ACRES BY ADOPTING A REVISED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN (Peninsula) CONTAINING UP TO 410 DWELLING UNITS ON PROPERTY LOCATED AT THE WEST END OF FOSTER ROAD, 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 Pfab, to adopt RES. 01-36, Bk. 125, p. 36, APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD, IOWA CITY, IOWA. Atty. Michael Pitton, Oakes Development Company, appeared. PCD Dir. 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 Kanner, to accept correspondence from Atty. Michael Pitton. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 01-3959, Bk. 44, p. 5, AMENDING CITY CODE TITLE 14, CHAPTER 6 ENTITLED "ZONING", ARTICLE N ENTITLED "OFF-STREET PARKING AND LOADING," TO REQUIRE ONLY ONE OFF-STREET PARKING SPACE FOR SMALL ONE-BEDROOM DWELLINGS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Champion, to defer to March 5, approving a final plat of Westcott Heights Part Three, a 78.96 acre, 47-1ot residential subdivision located in Johnson County on the west side of Prairie Du Chien Road, south of Newport Road. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to send a letter to the Johnson County Board of Supervisors indicating that the City has no objection to the request submitted by JEBB LC to rezone approximately 1.76 acres located east of Dane Road and west of Lake Ridge Mobile Home Park from County A1, Rural, and County RS, Suburban Residential, to County RMH, Manufactured Housing Residential. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held to discuss the proposed operating budget for the fiscal year July 1,2001, through June 30, 2002, the proposed Three-Year Financial Plan, and also the Multi-Year Capital Improvements Program through fiscal year 2005. The following individuals appeared: Angela Brown, presented a petition from 400 people protesting the elimination of the free downtown shuttle bus; Atty. Rick Zimmerman, Hawkeye Chapter of the Iowa Civil Liberties Union and Iowa Civil Liberties Union; Jeff Cox, 112 S. Dodge; Caroline Dieterie, Walnut St.; Carol de Prosse, Lone Tree; Carl Willlares; Jim Waiters, 1033 E. Washington; and Matt Blizek, 650 S. Main. Police Chief Winkelhake present for discussion. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from: Luann Dvorak and Sean Ryan, Angela Brown, Carolyn Dieterie, Atty. Rick Zimmerman, Jeff Cox, Jim and Cynthia Helms. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on proceedings to take additional action for the issuance of not to exceed $15,115,000 Sewer Revenue Bonds of Iowa City, Iowa. No one appeared. Complete Description February 20, 2001 Page 4 Moved by Vanderhoef, seconded by Q'Donnell, to adopt RES. 01-37, Bk. 125, p. 37, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $15,115,000 SEWER REVENUE BONDS. Individual Council Members expressed their views. City Mgr. will contact bond counsel regarding bidding bonds online. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on proceedings to take additional action for the issuance of $9,825,000 General Obligation Bonds of Iowa City, Iowa. No one appeared. Moved by Wilburn, seconded by Kanner, to adopt RES. 01-38, Bk. 125, p. 38, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS. Council Member Pfab noted comments from previous item as part of the record. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a purchase agreement between the City of Iowa City and Graytowne Apartments for condominium unit 2A in Tower Place & Parking and to dispose of Unit 2A in accordance therewith. No one appeared. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-39, Bk. 125, p. 39, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GRAYTOWNE APARTMENTS FOR CONDOMINIUM UNIT 2-A IN TOWER PLACE & PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREIN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public discussion was held on the proposed alcohol ordinances. The following individuals appeared: Leah Cohen, 1638 Teg Dr., Bo James; Sarah Hansom, Health Iowa, 711 Kimball Dr.; Paul Cadsten; Mary Khowassah, Student Health physician, 46 Kennedy Parkway; Nan Trefz, 723 Oakland Ave.; Sarah Dull, advanced graduate student; Cathy Solow, 607 Templin Rd.; Matt Blizek, 650 S. Main; Ryan Rooney, Malone's Irish Pub; Daryl Woodson, Sanctuary; Keith Dempster, Mill; and Deanna Olson. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from: Michael Crane, Steve Parrott, Celine Hartwig, Jane Hoshi, Denise Ramsey, Jan Capaccioli. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, that the ordinance amending City Code Title 14, Entitled "Unified Development Code," Chapter 5, Entitled "Building and Housing," by adding a new Article K Entitled "Condominium Conversion Code" to establish procedures for conversion of existing structures used for human habitation to horizontal property regimes (condominiums), be given first consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that ordinance amending title 6, Chapter 1 (Nuisances) of the Code of Ordinances of the City of Iowa City by adding standards and procedures to control the number of vehicles parked, stored, placed or kept outside on private property, be passed and adopted. Jim Waiters and James Thomas appeared. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Karen Kubby. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Kanner, to defer consideration of the ordinance to March 5. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description February 20, 2001 Page 5 Moved by Vanderhoef, seconded by Pfab, to adopt RES. 01-40, Bk. 125, p. 40, ESTABLISHING FEES FOR THE REGULATION OF ABANDONEDNACANT BUILDINGS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-41, Bk. 125, p. 41, ADOPTING CITY OF IOWA CITY LAW ENFORCEMENT NON- DISCRIMINATION RESOLUTION. Mayor Lehman noted Council had been presented with an amended resolution from Council Member Wilburn at their work session earlier in the evening and that would be the resolution being presented at this time. Moved by Kanner, seconded by Pfab, to amend the resolution by adding the following paragraph: "Resolved that an outside independent and qualified agency will be hired to analyze the local statistics compiled regarding racial profiling". Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following division of voice vote: Ayes; Kanner, Pfab. Nays: Champion Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved by Kanner, seconded by Pfab, to amend the resolution by adding the following paragraph: "Resolved that the Iowa City Police Department's representative will make regular reports, and discussion on their findings regarding racial profiling to the Iowa City Police Citizen's Review Board and/or the Human Rights Commission and the City Council". Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following division of voice vote: Ayes; Kanner, Pfab. Nays: Champion Lehman, (3'Donnell, Vanderhoef, Wilburn. Absent: None. Moved by Pfab that the City Council goes on record opposing racial profiling. Motion died for lack of a second. Moved by Kanner, seconded by Pfab, to amend the resolution by adding the following paragraph: "Resolved that the City of Iowa City will be more assertive in its recruitment of minority and women applicants for Iowa City Police and Firefighters Civil Service positions". Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following division of voice vote: Ayes; Kanner, Pfab. Nays: Champion Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved by Kanner, seconded by Pfab, to amend the resolution by adding the following paragraph: "Resolved that the City of Iowa City will initiate a fact-finding study and/or ad hoc committee to study the history of discriminatory hiring practices (or lack thereof) of minorities and women for Police and Firefighter positions in order to ascertain if an affirmative action policy should be enacted by City Council". Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following division of voice vote: Ayes; Kanner, Pfab. Nays: Champion Lehman, O'Donnell, Vanderhoef, Wilbum. Absent: None. The Mayor declared the original amended resolution adopted, 6/1, with the following division of roll call votes: Ayes: Vanderhoef, Wilburn, Champion, Lehman, Kanner, O'Donnell. Nays: Pfab. Absent: None. The Mayor noted the previously-announced vacancies: Historic Preservation Commission - Two vacancies for three-year terms ending March 29, 2004 (one At- Large and one Summit Street District). Civil Service Commission - One vacancy for a four-year term ending April 4, 2005. Deadline for application is 5:00 p.m., Wednesday, February 28. Historic Preservation Commission - One vacancy to fill a three-year term March 29, 2001 - March 29, 2004. Planning and Zoning Commission - Two vacancies. (1) unexpired term ending May 1, 2001 in addition to a five-year term May 1,2001 - May 1,2006 and (1) five-year term May 1,2001 - May 1,2006. Public Art Advisory Committee - One vacancy for an unexpired term January 1, 1999 - January 1,2002. Deadline for application is 5:00 p.m., Wednesday, March 14. Complete Description February 20, 2001 Page 6 Council Member Kanner reported on the Johnson County Task Force Mixer recently held after being postponed due to weather in December; noted he had ridden along with a Police Officer on the late night shift and appreciated being able to see how the Officer handled an OWl and noise complaint; and noted his concerns on a recent raid at Hemp Cat and requested Council make a statement concerning the incident. Council Member Vanderhoef noted she would be distributing copies in Thursday information packet of the National League of Cities Hot Issues planned for discussion at the upcoming conference, and asked Council Members to contact her prior to her departure with comments. Council Member O'Donnell requested information on the City policy concerning parking in a no parking zone in a residential area, noting snow removal on Walden Drive be being affected. Staff will follow up. Council Member Champion expressed concerns regarding parking on the corner of Governor and Burlington, stating the City either had to enforce it or not allow right turns on red. Staff will follow up. City Atty. Dilkes requested Council direction on scheduling further discussion on the proposed alcohol ordinances. Majority of Council requested the item be scheduled for the March 19 work session. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 11:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk