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HomeMy WebLinkAbout2001-04-17 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 APRIL 17, 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, Wilbum. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Miklo, Nasby, Gannon, Boothroy, Knoche, Logsden. Council minutes tape recorded on Tape 01-39, Side 2; Tapes 01-42 and 01-43, Both Sides. The Mayor proclaimed: Public Access Television Day - April 19, Rene Paine, Director of PATV accepting; Crime Victims' Rights Week -April 22-28; Arbor Day - April 27, Terry Robinson, City Forester accepting; Toastmasters' Day- April 24, Laurie Stunz, President Old Capitol Toastmasters, accepting. The Mayor presented Outstanding Student Citizenship awards to Weber Elementary students: Josh Lipman, Elyse Kamps, Amanda Laffoon. Moved by Champion, seconded by Vanderhoef, that the Consent Calendar be received, or approved, and/or adopted as amended with the deletion of items 4f (14) (a), (b), memos from JCCOG Traffic Engineering Planner regarding NO PARKING ANY TIME ZONE on Union Road and NO PARKING ANY TIME ZONE on parking on Willow Street: Approval of Official Council Actions for regular meeting of April 3, as published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission - Mamh 8. Iowa City Board of Adjustment- March 14. Iowa City Public Art Advisory Committee - February 28. Iowa City Public Library Board of Trustees - February 22. Iowa City Telecommunications Commission - February 26 Recommendation: Approve using the accrued $125,000 from the pass-through fund to fund part of the City Cable 'IV Division's new facility. Parks and Recreation Commission - March 14. Planning and Zoning Commission - March 1. Planning and Zoning Commission - March 15. Planning and Zoning Commission - April 5. Police Citizens Review Board - March 13. Senior Center Commission - February 20. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals. Special Class C Liquor License for Sam's Pizza I.C., Inc dba Sam's Pizza, 321 S. Gilbert St. Class A Liquor License for Iowa City Lodge No.1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge No. 1096, 3151 Hwy 6 East. Class C Beer Permit for DeliMart Corp., dba Dell Mart #3, 2410 Mormon Trek Blvd. Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St. Class C Liquor License for Daverse II dba College Street Billlard Club, 114 E. College St. Class C Liquor License for Linn Street Caf~, Inc., dba Linn Street Caf~, Inc., 121 N. Linn St. RES. 0%85, Bk. 125, p. 85, TO ISSUE DANCING PERMIT for Iowa City Lodge No. 1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge No.1096, 3151 Hwy. 6 East. Setting Public Hearings, Bk. 125: RES. 01-86, p. 86, SETTING A PUBLIC HEARING for May 1 ON AMENDING THE FY2001 OPERATING BUDGET. RES. 01-87, p. 87, SETTING A PUBLIC HEARING for May 1 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD GRADING AND WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE Complete Description April 17, 2001 *Revised 4/30/01 Page 2 SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-88, p. 88, FIXING DATE of May 1 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 01-89, p. 89, FIXING DATE of May 1 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $670,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 01-90, p. 90, FIXING DATE of May 1 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $695,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 01-91, p. 91, FIXING DATE of May 1 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 01-92, p. 92, FIXING DATE of May I FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions: Bk. 125: RES. 01-93, p. 93, 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 435 - 437 SUMMIT STREET, IOWA CITY, IOWA. RES. 01-94, p. 94, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 109 SOUTH JOHNSON STREET, IOWA CITY, IOWA. RES. 01-95, p. 95, ACCEPTING THE WORK FOR THE POLICE DEPARTMENT SECOND FLOOR CONSTRUCTION PROJECT. Correspondence: Ruth J. Beck - parking. Rhamina Wade - April 20 Youth Summit. Jeanne Bock - web site voting. Ann Kohl - smoking in restaurants. Mike Bruss - abortion protestors. Paul Deninger and Greg Duethman (Iowa City Cycling Club) - Old Capitol Criterium. Jerry Feick - violations. Kerry Sanders - shuttle. Kara Fellows - 64-1A. Courtney McGuirt - 64-1A. Lowell Luhman - 64-1A. Joe Bolkcom - bottle bill [also included are Assistant City Manager original note to legislators and responses to him] Carol De Prosse - Daily lowan marijuana article (May 1978). Lori McCurn - public housing guidelines [previously distributed in Council's April 5 Information Packet]. Chuck Larson - Homecoming 2001. Katie Anthony - * parking Iowa Avenue. Matthew Walter - Union Road parking. Council Member Kanner reported on the number of police visits and charges filed for possession under legal age for establishments requesting approval of liquor licenses. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, to defer to May 1, acceptance of the JCCOG Transportation Planner designating NO PARKING ZONES on the east side of Union Road between the driveway at 2008 Union Road and Arizona Avenue; and on the east side of Willow Street between Complete Description *Revi sed 4/30/0]. April 17, 2001 Page 3 Muscatine Avenue and Pinecrest in order to get more information. The following * individuals appeared: David Garrison, 2012 Union Rd.; Matthew Walter, 2008 Union Rd.; Ed Harney, 910 Willow St. The Mayor declared the motion carried, 6/1, with the following division of voice vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Senior Center Commissioner Joanne Hora, 5475 Herbert Hoover Hwy NE, presented an update on activities at the Center and invited Council to attend the International Year of the Volunteer event on April 24. Bob Thompson, 1004 E. Church St., appeared regarding KCJJ. Carol De Prosse, Lone Tree, appeared regarding KCJJ and a person cited for littering on the Ped Mall. Moved by Pfab, seconded by Vanderhoef, to accept correspondence from Ms. De Prosse. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to set a public hearing for May 1 on an ordinance amending the Sensitive Areas Overlay Plan for Walnut Ridge Parts 9- 10, a 20.67 acre, 13-1ot residential subdivision located on Kennedy Parkway. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on an ordinance changing the zoning designation from General Industrial (I-1)to Intensive Commercial (C1-1)for approximately 12.09 acres located on the south side of Highway 1 (Westport Plaza, Part 2). No one appeared. Moved by O'Donnell, seconded by Pfab to continue public hearing to May 1. The Mayor declared the motion carried, 7/0, all Council Members present. Mayor Lehman left the room for next item due to a conflict of interest. Mayor Pro tern O'Donnell now presiding. A public hearing was held 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 (Southgate Development). The following individuals appeared: Judith Klink, 1101 Harlocke St.; Olympia Niederecker, 923 Harlocke St.; William Knabe, 1101 Weeber Circle; Ernie Cox, 913 Harlocke St.; Christina Alexander, 917 Harlocke St.; Stephen Tulley, 917 Harlocke St.; Robynn Shrader, Weeber Circle; Atty. Joe Holland, representing WeebeFHarlocke Neighborhood Assn.; Glenn Siders, Southgate Development; and Atty. Tom Gelman, representing Southgate Development. Moved by Vanderhoef, seconded by Kanner, to accept correspondence from: William Knabe; and power point presentation from the Harlocke-Weeber neighborhood. The Mayor Pro tem declared the motion carried, 6/0, Lehman absent. Moved by Vanderhoef, seconded by Wilburn, that the 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 (Southgate Development), be given first vote. Individual Council Members expressed their views. Moved by Kanner, seconded by Pfab, to defer the ordinance until May 1 and request a joint meeting with the Planning and Zoning Commission. The Mayor Pro tern declared the motion to defer defeated, 2/4, with the following division of hand vote: Ayes: Kanner, Pfab. Nays; Champion, O'Donnell, Vanderhoef, Wilburn. Absent: Lehman. The Mayor Pro tem declared the motion for first consideration defeated (due to the need for an extraordinary vote), 4/2, with the following division of roll call vote: Ayes: Champion, Q'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: Lehman. Mayor Lehman returned to meeting. Complete Description April 17, 2001 Page 4 A public hearing was held on a resolution amending the Comprehensive Plan to include the North District Plan. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance amending the zoning code Article (D), definitions, and Article (L) provisional uses, special exceptions and temporary uses, to allow accessory apartments in accessory buildings, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Pfab, that the ordinance changing the zoning designation by establishing a Conservation Overlay Zone for properties generally located south of Burlington Street along Governor and Lucas Streets, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-96, Bk. 125, p. 96, APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES PART 1, 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 Pfab, to set a public hearing for May 1, on an ordinance rezoning 24 acres from P, Public to SAC-5 Sensitive Area Oveday and amending the preliminary SAC plan of the Peninsula Neighborhood, an 82.1 acre development located at the west end of Foster Road. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held regarding the FY02 Annual Action Plan, that is a sub-part'of Iowa City's 2001-2006 Consolidated Plan (City Steps), authorizing the City Manager to submit said plan and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized chief executive officer for the consolidated plan. The following individuals appeared: Bob Burns, Foxboro Ridge; Maryann Dennis, Greater Iowa City Housing Fellowship; Doug Boothroy, Iowa City Housing Authority; Deon Oliver, Salvation Army; Bob Wiley, Habitat for Humanity; Jesse Burns, Burns & Burns/ Foxboro Ridge; Kymbydy Koester, Ruby's Pearl; Jeanne Kelsey, Metro Plans Development; Charlie Eastham, Greater Iowa City Housing Fellowship; and Alaina Welsh, Burns & Burns/Foxboro Ridge. Community Development Coordinator Nasby present for discussion. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by Champion, to accept correspondence from: Maryann Dennis and Charles Eastham, Greater Iowa City Housing Fellowship; Jeanne Kelsey, Metro Plains; Arty. Steven Ballard, Burns & Burns/Foxboro Ridge; Robert Burns, Burns & Burns/12oxboro Ridge; Carol De Prosse, Peninsula low rent apartments; David Brown, Pathways; and Kymbyrly Koester, Ruby's Pearl. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Transit Parking Lot Resurface project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 01-97, Bk. 125. p. 97, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT PARKING LOT RESURFACE 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 Complete Description April 17, 2001 Page 5 BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, that the ordinance amending Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 1 (b) to increase the maximum criminal penalty for simple misdemeanors to $500 as authorized by State Code, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, to defer to May 1, the second reading of ordinance amending the City Code of the City of Iowa City, Iowa, by enacting new Sections numbered 4-2-3, entitled "Local Review of Application/Investigation of Applicant"; Section 4-2-4, entitled "Notice and Hearing"; and Section 4-2-5, entitled "Civil Penalties"; revising Section 4-5-4 entitled "Regulation of Persons Under Legal Age"; enacting a new Section 4-5-6 entitled "Sales to Intoxicated Persons"; and enacting a new Section 4-5-7 entitled "Limitations on Sales," all of which provide for the regulation of alcohol sales. The following individuals appeared: President Mary Sue Coleman, University of Iowa; Marc For~ney, Brothers Bar and Grill; Eric Fo~ney, Brothers Bar and Grill. The Mayor declared the motion carried, 7~0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to accept correspondence from: Nancy Davin, Ruth Baker, Adam Johnston, Bob Elliott, J.W., Carol DeProsse, Kate Newberg, Michael Crane, Sarah Liberr, Ben Lewis, Mary Sue Coleman, Kent Cadson, Nigel Gomez, Polly and Armond Pagliai. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 01-98, Bk. 125, p. 98, 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MORMON TREK IMPROVEMENT - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT, STP-U-3715(615)--70-52. The Mayor declared the resolution adopted, 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, to adopt RES. 01-99, Bk. 125, p. 99, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF CAPTAIN IRISH PARKWAY (PHASE II) AND FIRST AVENUE EXTENSION to TAB Construction, Inc. in the amount of $1,814,620.00. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-100, Bk. 125, p. 100, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD IMPROVEMENTS - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE - PROJECT, STP-U-3715(618)-70- 52 to Streb Construction Co., Inc. in the amount of $2,933,175.08. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-101, Bk. 125, p. 101, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND Complete Description April 17, 2001 Page 6 THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORM WATER PROJECT to De Long-Keith Construction in the amount of $1,121,738.50. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 01-102, Bk. 125, p. 102, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND IOWA CITY COFFEE CO. D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFI~. Aff'~rmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-103, Bk. 125, p. 103, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 2001, THROUGH JUNE 30, 2003. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Member Vanderhoef left room. Moved by Pfab, seconded by O'Donnell, to reappoint James Anderlik, 2901 Muscatine Avenue, to the Civil Service Commission for a four-year term ending April 4, 2005. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. The Mayor noted the current vacancy to the Planning & Zoning Commission - One vacancy for an unexpired term ending May 1,2002. Deadline for application is 5:00 p.m., Wednesday, May 30. The Mayor noted the previously announced vacancies: Historic Preservation Commission - One vacancy to fill a three-year term March 29, 2001 - March 29, 2004. Deadline for application is 5:00 p.m., Wednesday, April 25. Housing and Community Development Commission - One vacancy for an unexpired term ending September 1,2002. Deadline for application is 5:00 p.m., Wednesday, May 9. Council Member Vanderhoef returned. Council Member Kanner thanked staff for acquiring Language Line for the City; acknowledged and thanked staff for letter to County regarding economic development; requested another environmental assessment hearing be scheduled for the multi-modal transportation center (staff will report back on attendance at the assessment hearing); and encouraged community to attend Transportation Conference on April 27 and 27 at the $herat0n. Mayor Lehman reminded Council of the City Assessor/Vanguard public meeting scheduled for April 18 and the Police Citizens Review Board (PCRB) Forum scheduled the same evening, and questioned Council attendance. (No more than three Council Members will be attending either meeting.); requested a staff memo regarding a request for a stop sign to be installed at Highland/Kirkwood; and stated he would be unable to attend a meeting on April 25 of the Johnson County Soil and Water Conservation District and questioned if another Council Member could attend. Moved by Vanderhoef, seconded by O'Donnell, to adjourn 11:05 p.m. The Mayor declared the motion carried unanimously, 7/0, o ';2~,~rs~ ~.~Le~hman, Mayor Complete Description April 17, 2001 Page 7 Mar~,4K. Ka/~/Z'/~rr, Cit?~ Clerk Complete Description April 17, 2001 Page 2 SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-88, p. 88, FIXING DATE of May 1 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 01-89, p. 89, FIXING DATE of May 1 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $670,000 OF GENERAL, OBLIGATION DATE of May 1 A MEETING ON THE OF THE ISSUANCE~ EXCEED $700,000 OBLIGATION BONDS (FOR A ~ ORATE JRPOSE) AND PROVIDING FOR PUBLICATION OF THERE RES. 01-92 p. 92, FIXING DATE of May 1 FOR A IV 'ING ON OF THE ISSUANCE OF NOT' 000 OF GENERAL OBLIGATION BONDS (FOR A GENERA PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTIC -'REOF. Resolutions: Bk. 125: RES 1-93, p. 93, AUTHORIZING THE MAYOR TO SIGN AND THE CI'T ERK TO ATTEST THE RELEASE OF LIEN REGARDING A RENTAL ~ILITATION LIEN FOR THE PROPERTY 437 JMMIT STREET, IOWA CITY, IOWA. RES. 01-94, p. 94, AUTHOR TH TO SIGN AND THE CITY CLERK TO ATTEST TO A ~N AGREEMENT BETWEEN THE CITY OF IOWA CITY A .NK AND TRUST CO., IOWA CITY, IOWA FOR PROPE 109 SOUTH JOHNSON STREET, IOWA CITY, RES. 01-95 p. ACCEPTING THE WORK FOR THE POLICE DEF )OR CONSTRUCTION PROJECT. Corresponden Ruth J. Beck - parkin ~mina Wade - April 20 Youth Summit. Jean Bock - web site voting }hi - smoking in restaurants. Mike abortion protestors.Paul ~inger and Greg Duethman (Iowa g Club) - Old Capitol Am. Jerry Feick - violations. Kerry nders - shuttle. Kara Fellows - Courthey McGuirt - 64-1A. Lowell Lu man - 64-1A. Joe Bolkcom - bottle bill Iso included are Assi nager original note to legislators and resp'qnses to him] Carol De - Daily lowan marijuana article (May 1978).. Lori McCurn - public Hidelines [previously distributed in Council's April 5 Information . Chuck Larson - Homecoming 2001. Katie Anthony - parking Avenue. Council Member Kanner e number of police visits and charges filed for possession under legal age for establishments requesting approval of liquor licenses. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, to defer to May 1, acceptance of the JCCOG Transportation Planner designating NO PARKING ZONES on the east side of Union Road between the driveway at 2008 Union Road and Arizona Avenue; and on the east side of Willow Street between Complete Description April 17, 2001 Page 3 Muscatine Avenue and Pinecrest in order to get more information. The following individuals appeared: David Garrison, 2012 Union Rd.; Matthew Welter, 2008 Union Rd.; Ed Harney, 910 Willow St. The Mayor declared the motion carried, 6/1, with the following division of voice vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Senior Center Commissioner Joanne Hora, 5475 Herbert Hoover,Hwy NE, presented an on activities at the Center and invited Council to attend the Internati~ Volunteer event on April 24. Bob Thompso ~ 1004 E. Church St., a regarding KCJJ. Carol De Prosse, Lone Tr:~,~ppeared regarding KCJJ and }erson cited for littering on the Peal Mall. ~loved by Pfab, seconded by Vanderhc to accept correspondence from Ms. Prosse. The Mayor declared the carried unanimously, 7/0, all Cou Members present. Moved by seconded by Pfab, to set a pL I for May 1 on an ordinance amending the ,nsitive Areas Overlay Plat Ridge Parts 9- 10, a 20.67 acre, 13-1ot r ial subdivision located Kennedy Parkway. The Mayor declared the motion 7/0, all Council M present. A public hearing was held an ordinance c the zoning designation from General Industrial (I-1) (Cl-1) for approximately 12.09 acres located on the south side ofI Plaza, Part 2). No one appeared. Moved by O'Donnell, public hearing to May 1. The Mayor declared the motioncarn all Council Members present. Mayor Lehman left the room due to a conflict of interest. Mayor Pro tem O'Donnell now presiding. A public hearing was held on an nce changing the zoning designation from High Density Multi-family Reside~ to Sensitive Areas Overlay, OSA- 44, for approximately 4.01 acres of low 39 dwellings in three buildings located on the east side of ate Development). The following individuals appeared: Judith 1101 Olympia Niederecker, 923 Harlocke St.; William Knabe, 11' ;ircle;I 913 Harlocke St.; Christina Alexander, St.; 917 Harlocke St.; Robynn Shrader, Weeber Circle; Arty. Holland, rel: Weeber-Hadocke Neighborhood Assn.; Glenn Southgate Develc lent; and Atty. Tom Gelman, representing Southgate ~ment. Moved by ~oef, seconded by Kanner, to accept corres Knabe; and point presentation from the Harlocke-W~ hborhood. The Mayor Pro tem carried, 6/0, Lehman al Moved by Vane seconded by Wilburn, that the 'dinance changing the zoning designation High Density Multi-family Residentia~M-44, to Sensitive Areas Overlay, for approximately 4.01 acres of allow 39 dwellings in located on the east side of Harlocke treet (Southgate Development), be ! iven first vote. Individual Council Members expressed their views. Moved by Kanner, by Pfab, to defer the ordinance until IQlay 1 and request a joint meeting with the Planning and Zoning Commission. The Mayor Pro tem declared the motion to defer defeated, 2/4, with the following division of hand vote: Ayes: Kanner, Pfab. Nays; Champion, O'Donnell, Vanderhoef, Wilburn. Absent: Lehman. The Mayor Pro tem declared the motion for first consideration defeated (due to the need for an extraordinary vote), 4/2, with the following division of roll call vote: Ayes: Champion, (:)'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: Lehman. Mayor Lehman returned to meeting. Subject to change as finalized by the City Clerk. For a final official copy, contact the I 04-17-01 City Clerk's Office, 356-5040. 4a The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/3/2001 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. The Mayor proclaimed: The Great City Hall Tune-In - April 2-6, Bob Hardy, Production Coordinator Cable Iowa City (CIC) accepting; Medical Laboratory Week - April 15-21, Norma Ward accepting; Fair Housing Month- April, George Klein, Century 21 accepting. The Mayor presented Outstanding Student Citizenship awards to Shimek Elementary students: Todd Elvers, Betsey Richard and Dan Rocklin. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the regular meeting of March 20, as published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Board - January 25. Housing and Community Development Commission - February 13. Housing and Community Development Commission - February 15. Iowa City Board of Adjustment- January 10. Iowa City Historic Preservation Commission - March 8. Planning and Zoning Commission - March 15. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Special Class C Liquor License for Panchero's, 32 S. Clinton St. Class C Liquor License for Kitty Hawk, 1012 Gilbert Ct. Class C Beer for Suburban Amoco - Keokuk Street, 1905 Keokuk St. Class C Liquor License for Parthenon, 320 E. Burlington St. Setting Public Hearings: Motion setting a public hearing for April 17, 2001, regarding the proposed Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) budgets for the FY02 Annual Action Plan, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps). RES. 01-75, SETTING A PUBLIC HEARING for April 17, 2001, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT PARKING LOT RESURFACE 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. 01-76, p. 76, SETTING A PUBLIC HEARING ON MAY 15, 2001 FOR THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN. Resolutions: RES. 01-77, ACCEPTING THE WORK FOR THE RIVER STREETANOOLF AVENUE RECONSTRUCTION PROJECT. RES. 01-76, ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR PHASE 1 ON LOT 2 OF SADDLEBROOK ADDITION, PART 1, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. RES. 01-79, CHANGING THE NAME OF CAPTAIN IRISH PARKWAY TO SCOTT BOULEVARD. Correspondence: Jennifer Moody - Student Hunger Drive. Dan Brock - KCJJ. Jerry Feick- FY98-FY00 Performance Statistics; Coralville Transit, Iowa City, Transit and UI Cambus. Robert Dostal - leaves and snow removal. Dan Shay - Fleck Sales. Tundi Brady - 64-1A. Paul Official Actions April 3, 2001 Page 2 Soderdahl - Library parking lot. Sarah Berke (U of I Neuroscience Program) - Iowa Kids Judge? Neuroscience Fair. Kelley Donham (JC Dept of Public Health) - alcohol. Kathi Rundell -'alcohol. Jerry Feick - alcohol. Nancy Davin - alcohol. Rick Derrig - alcohol. Rosemary Paul - alcohol. H. Larew - alcohol. Same letter from David Johnson; Michael Baltutis; Chris Kahle; Joshua Reynolds; Kurt Berge; Todd Kratz; Jennie Embree; Bruce Kinner- jail. John Watson -jail. Same letter from: Caroline Dieterie; Sara Epstein; Todd Kratz, David Johnson - alcohol. Susan Kratz - alcohol. Douglas Siebert - alcohol. Russell Brown - alcohol. Tom Rietz - alcohol. The Mayor declared the motion carried. Bob Elliott, 1106 Dover Street, appeared and encouraged Council to change the image of Iowa City regarding economic development. Moved and seconded to set a public hearing for April 17 on an ordinance changing the zoning designation from General Industrial (I-1) to Intensive Commercial (C1-1) for approximately 12.09 acres located on the south side of Highway 1. The Mayor declared the motion carried. Moved and seconded to set a public hearing for April 17 on a resolution amending the Comprehensive Plan to include the North District Plan. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the zoning code Article (D), definitions, and Article (L) provisional uses, special exceptions and temporary uses, to allow accessory apartments in accessory buildings. Moved and seconded that the ordinance changing the zoning designation by establishing a Conservation Overlay Zone for properties generally located south of Burlington Street along Governor and Lucas Streets, be given first vote. The Mayor declared the motion carried. Mayor Lehman left the room for discussion of the next item due to a conflict of interest. Mayor Pro tem O'Donnell now presiding. Mayor Pro tem O'Donnell stated the a new hearing would be set at the request of the neighbors concerning the proposed development on the east side of Harlocke Street, and stated Council had agreed to hold first consideration of the ordinance on the same night as the public hearing. Moved and seconded to set a public hearing for April 17 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 Pro tem declared the motion carried. Moved and seconded to accept correspondence from: Judith Klink, Olympia Niederecker, Mary Hitchcock, William Knabe, Robynn Shrader, Cynthia Pickett, Jeff Benson, Evan Fales, Brett DeVore, Melissa Ruhlow, Gayle Bray, Robynn Shrader. The Mayor Pro tem declared the motion carried. Mayor Lehman returned. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that QRD. 01-3961, AMENDING ZONING CODE ARTICLE "L", PROVISIONAL USES, SPECIAL EXCEPTIONS AND TEMPORARY USES, TO ALLOW ADULT DAYCARE FACILITIES ON STREETS NARROWER THAN 28 FEET WIDE IN COMMERCIAL ZONES, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to Official Actions April 3, 2001 Page 3 accept correspondence from David E. Brown, Pentacrest Inc. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 1 (b) to increase the maximum criminal penalty for simple misdemeanors to $500 as authorized by State Code, be given first vote. City Atty. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the City Code of the City of Iowa City, Iowa, by enacting new Sections numbered 4-2-3, entitled "Local Review of Application/Investigation of Applicant"; Section 4-2-4, entitled "Notice and Hearing"; and Section 4-2-5, entitled "Civil Penalties"; revising Section 4-5-4 entitled "Regulation of Persons Under Legal Age"; enacting a new Section 4-5-6 entitled "Sales to Intoxicated Persons"; and enacting a new Section 4-5-7 entitled "Limitations on Sales," all of which provide for the regulation of alcohol sales, be given first vote. The following individuals appeared: Matt Blizek; Brian Davis, 427 S. Johnson; Charles Major, 7 Blue Stem Ct.; and Dave Moore. The Mayor declared the motion carried. Moved and seconded that ORD. 01-3962, 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 PROCEDURE FOR CERTIFICATION TO THE COUNTY TREASURER OF LIENS FOR UNPAID WATER, WASTEWATER AND/OR REFUSE AND RECYCLING SERVICES, be passed and adopted. Moved and seconded that ORD. 01-3963, 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. Moved and seconded to adopt RES. 01-80, ESTABLISHING A DEER TASK FORCE. The Mayor noted that the bid opening has been postponed until April 6 for construction of the Captain Irish Parkway Extension (Phase II) and First Avenue Extension project and the resolution awarding the project will be on the April 17 agenda. Moved and seconded to adopt RES. 01-81, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2001 ASPHALT RESURFACING PROJECT. Moved and seconded to adopt RES. 01-82, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE FOURTH AVENUE BRIDGE RECONSTRUCTION PROJECT IBRC-3715-619)- -8E-52. Moved and seconded to adopt RES. 01-83, APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MCCLURE ENGINEERING COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY COURT HILL TRUNK SANITARY SEWER PROJECT. Moved and seconded to adopt RES. 01-84, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT Official Actions April 3, 2001 Page 4 AGREEMENT FOR LOT 2, SADDLEBROOK ADDITION, PART 1, IOWA CITY, IOWA. The Mayor noted the current vacancy: Housing and Community Development Commission - One vacancy for an unexpired term ending September 1, 2002. Deadline for application is 5:00 p.m., Wednesday, May 9. The Mayor noted the previously announced vacancies: Civil Service Commission - One vacancy for a four-year term ending April 4, 2005. Deadline for application is 5:00 p.m., Wednesday, April 11. Historic Preservation Commission - One appointment to fill a three-year term March 29, 2001 - March 29, 2004. Deadline for application is 5:00 p.m., Wednesday, April 25. Moved and seconded to adjourn 9:10 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~tit4ed for publication - 4/11/01. 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 APRIL 3, 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: Arkins, Helling, Dilkes, Karr, Franklin, Fosse. Council minutes tape recorded on Tape 01-31, Side 2; Tape 01-36, Side 2, Tape 01-37, Both Sides. Tape 01-38, Side 1. The Mayor proclaimed: The Great City Hall Tune-In - April 2-6, Bob Hardy, Production Coordinator Cable Iowa City (CIC) accepting; Medical Laboratory Week - April 15-21, Norma Ward accepting; Fair Housing Month -April, George Klein, Century 21 accepting. The Mayor presented Outstanding Student Citizenship awards to Shimek Elementary students: Todd Elvers, Betsey Richard and Dan Rocklin. Moved by Vanderhoef, seconded by Champion, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the regular meeting of March 20, as published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Board - January 25. Housing and Community Development Commission - February 13. Housing and Community Development Commission - February 15. Iowa City Board of Adjustment- January 10. Iowa City Historic Preservation Commission - March 8. Planning and Zoning Commission - March 15. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Special Class C Liquor License for Little Donkeys, Inc dba Panchero's, 32 S. Clinton St. Class C Liquor License for Kitty Hawk Co., Inc., dba Kitty Hawk, 1012 Gilbert Ct. Class C Beer for Suburban Investors, LLC, dba Suburban Amoco - Keokuk Street, 1905 Keokuk St. Class C Liquor License for GMD, Inc., dba Parthenon, 320 E. Burlington St. Setting Public Hearings: Motion setting a public hearing for April 17, 2001, regarding the proposed Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) budgets for the FY02 Annual Action Plan, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps). RES. 01-75, Bk. 125 p. 75, SETTING A PUBLIC HEARING for April 17, 2001, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT PARKING LOT RESURFACE 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. 01-76, p. 76, SETTING A PUBLIC HEARING ON MAY 15, 2001 FOR THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN. Resolutions, Bk. 125: RES. 01-77, p. 77, ACCEPTING THE WORK FOR THE RIVER STREETANOOLF AVENUE RECONSTRUCTION PROJECT. RES. 01-78, p. 78, ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR PHASE 1 ON LOT 2 OF SADDLEBROOK ADDITION, PART 1, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. RES. 01-79, p. 79, CHANGING THE NAME OF CAPTAIN IRISH PARKWAY TO SCOTT BOULEVARD. Correspondence: Jennifer Moody - Student Hunger Drive. Complete Description April 3, 2001 Page 2 Dan Brock - KCJJ. Jerry Feick - FY98-FY00 Performance Statistics; Coralville Transit, Iowa City, Transit and UI Cambus. Robert Dostal - leaves and snow removal. Dan Shay - Fleck Sales. Tundi Brady - 64-1A. Paul Soderdahl - Library parking lot. Sarah Berke (U of I Neuroscience Program) - Iowa Kids Judge? Neuroscience Fair. Kelley Donham (JC Dept of Public Health) - alcohol. Kathi Rundell - alcohol. Jerry Feick - alcohol. Nancy Davin - alcohol. Rick Derrig - alcohol. Rosemary Paul - alcohol. H. Larew - alcohol. Same letter from David Johnson; Michael Baltutis; Chris Kahle; Joshua Reynolds; Kurt Berge; Todd Kratz; Jennie Embree; Bruce Kinner- jail. John Watson -jail. Same letter from: Caroline Dieterie; Sara Epstein; Todd Kratz; David Johnson - alcohol. Susan Kratz - alcohol. Douglas Siebert - alcohol. Russell Brown - alcohol. Tom Rietz - alcohol. In response to Council Member Pfab, the City Clerk noted a correction on page 2 of the February 13 HCDC minutes changing a percentage sign to a dollar amount. Council Member Kanner noted the resolution changing the name of Captain Irish Parkway to Scott Boulevard. 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. Bob Elliott, 1108 Dover Street, appeared and encouraged Council to change the image of Iowa City regarding economic development. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for April 17 on an ordinance changing the zoning designation from General Industrial (I- 1 ) to Intensive Commercial (C1-1) for approximately 12.09 acres located on the south side of Highway 1 (Westport Plaza, Part 2). The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to set a public hearing for April 17 on a resolution amending the Comprehensive Plan to include the North District Plan. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on an ordinance amending the zoning code Article (D), definitions, and Article (L) provisional uses, special exceptions and temporary uses, to allow accessory apartments in accessory buildings. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance changing the zoning designation by establishing a Conservation Overlay Zone for properties generally located south of Burlington Street along Governor and Lucas Streets, be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Lehman left the room for discussion of the next item due to a conflict of interest. Mayor Pro tern O'Donnell now presiding. Mayor Pro tern O'Donnell stated the a new hearing would be set at the request of the neighbors concerning the proposed development on the east side of Harlocke Street, and stated Council had agreed to hold first consideration of the ordinance on the same night as the public hearing. Moved by Kanner, seconded by Champion, to set a public hearing for April 17 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 (Southgate Development). The Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman absent. Moved by Vanderhoef, seconded by Champion, to accept correspondence from: Complete Description April 3, 2001 Page 3 Judith Klink, Olympia Niederecker, Mary Hitchcock, William Knabe, Robynn Shrader, Cynthia Pickett, Jeff Benson, Evan Fales, Brett DeVore, Melissa Ruhlow, Gayle Bray, Robynn Shrader. The Mayor Pro tem declared the motion carried, 7/0, all Council Members present. Mayor Lehman returned. Moved by Wilburn, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 01-3961, Bk. 43, p. 7, AMENDING ZONING CODE ARTICLE "L", PROVISIONAL USES, SPECIAL EXCEPTIONS AND TEMPORARY USES, TO ALLOW ADULT DAYCARE FACILITIES ON STREETS NARROWER THAN 28 FEET WIDE IN COMMERCIAL ZONES, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilbum, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by Vanderhoef, that the ordinance be adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from David E. Brown, Pentacrest Inc. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell that the ordinance amending Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 1 (b) to increase the maximum criminal penalty for simple misdemeanors to $500 as authorized by State Code, be given first vote. City Atty. Dilkes explained unscheduled fines, and outlined the ordinance. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, that the ordinance amending the City Code of the City of Iowa City, Iowa, by enacting new Sections numbered 4-2-3, entitled "Local Review of Application/Investigation of Applicant"; Section 4-2-4, entitled "Notice and Hearing"; and Section 4-2-5, entitled "Civil Penalties"; revising Section 4-5-4 entitled "Regulation of Persons Under Legal Age"; enacting a new Section 4-5-6 entitled "Sales to Intoxicated Persons"; and enacting a new Section 4- 5-7 entitled "Limitations on Sales," all of which provide for the regulation of alcohol sales, be given first vote. City Atty. Dilkes present for discussion. The following individuals appeared: Matt Blizek; Brian Davis, 427 S. Johnson; Charles Major, 7 Blue Stem Ct.; and Dave Moore. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to amend the ordinance by deleting Section 4- 6-7B(2), the exception for private catered events. The Mayor declared the motion to delete the language defeated, 3/4, with the following division of hand vote: Ayes: Kanner, Pfab, Wilburn. Nays: Champion, Lehman, O'Donnell, Vanderhoef. Absent: None. Moved by Champion, seconded by Vanderhoef, to defer the ordinance until April 17. The Mayor declared the motion to defer defeated, 2/5, with the following division of voice vote: Ayes: O'Donneil, Champion. Nays: Kanner, Lehman, Pfab, Vanderhoef, Wilburn. Absent: None. Moved by Pfab, to call the question. The Mayor declared the motion dead for lack of a second. After discussion, Council directed the City Clerk and City Attorney to do a mass mailing to all City license holders attaching the proposed ordinance and asking for specific questions regarding interpretation be submitted to staff prior to Council final consideration. Affirmative roll call vote unanimous on the first reading of the ordinance, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description April 3, 2001 Page 4 Moved by O'Donnell, seconded by Vanderhoef, that ORD. 01-3962, Bk. 44, p. 8, 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 PROCEDURE FOR CERTIFICATION TO THE COUNTY TREASURER OF LIENS FOR UNPAID WATER, WASTEWATER AND/OR REFUSE AND RECYCLING SERVICES, 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 O'Donnell, that ORD. 01-3963, Bk. 44, p. 9, 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. The Mayor declared the ordinance adopted, 4/3, with the following division of roll call vote. Ayes: Vanderhoef, Champion, Lehman, O'Donnell. Nays: Pfab, Wilburn, Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-80, Bk. 125, p. 80, ESTABLISHING A DEER TASK FORCE. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to defer until April 17. 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. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. The Mayor noted that the bid opening has been postponed until April 6 for construction of the Captain Irish Parkway Extension (Phase II) and First Avenue Extension project and the resolution awarding the project will be on the April 17 agenda. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 01-81, Bk. 125, p. 81, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2001 ASPHALT RESURFACING PROJECT to. L.L. Pelling Company in the amount of $832,763.33. 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 O'Donnell, seconded by Pfab, to adopt RES. 01-82, Bk. 125, p. 82, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE FOURTH AVENUE BRIDGE RECONSTRUCTION PROJECT IBRC-3715-619)- -8E- 52. 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 Pfab, seconded by Champion, to adopt RES. 01-83, Bk. 125, p. 83, APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MCCLURE ENGINEERING COMPANY CONSULTING ENGINEERS TQ PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY COURT HILL TRUNK SANITARY SEWER PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description April 3, 2001 Page 5 Moved by Pfab, seconded by Champion, to adopt RES. 01-84, Bk. 125, p. 84, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR LOT 2, SADDLEBROOK ADDITION, PART 1, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancy: Housing and Community Development Commission - One vacancy for an unexpired term ending September 1, 2002. Deadline for application is 5:00 p.m., Wednesday, May 9. The Mayor noted the previously announced vacancies: Civil Service Commission - One vacancy for a four-year term ending April 4, 2005. Deadline for application is 5:00 p.m., Wednesday, April 11. Historic Preservation Commission - One appointment to fill a three-year term March 29, 2001 - March 29, 2004. Deadline for application is 5:00 p.m., Wednesday, April 25. Council Member Kanner questioned when Council would be discussing regulating cigarette smoking. City Atty. Dilkes stated a memo outlining various ways Council could approach the issue will be in the April 12 Council packet; and City Mgr. Atkins stated the item will be scheduled for the April 16 work session. Council Member Kanner noted two holidays coming up Passover and Easter. Council Member Wilburn acknowledged a guest and friend from Germany present for the meeting. Council Member Vanderhoef questioned whether the City's ordinance regulating cellular towers addresses recent federal court decisions. City Atty. Dilkes stated she thought the ordinance was current and there were no monumental federal decisions that impacted the ordinance, but would review it in light of her question. A memo will be provided by staff after the review. Council Member O'Donnell reported that he had received a call regarding recycling the sand on City streets and stated the sand had been polluted and it would be more expense to clean it than buy new sand. City Mgr. Atkins reported that DNR regulations require the sand be cleaned, new stormwater regulations will require it, and then disposed of in the landfill. Council Member O'Donnell noted a spring concert by the Newman Singers at St, Bridget's Church the previous week-end; and noted the time and efforts put in by Council Members to make difficult decisions. Council Member Champion echoed the comments from Council Member O'Donnell about decision making and looking at the whole community; and stated she had received a letter from a constituent and would be submitting it for the next packet. Council Member Pfab requested an update on the crossing guard situation at Weber School. The City Mgr. reported that a letter had been written to the School Principal making a proposal and no response has been received. Council Member Pfab requested a follow up on bidding GO bonds online and putting out bids for sale of City item online. Staff will follow up. Mayor Lehman requested that "Official Council representatives/Appointments of Council Members" be placed on an upcoming work session; and reported on a conversation with City Assessor Hudson regarding recent assessments and stated a meeting will be held April 18 on citizen questions. More information will be provided. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 9:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Complete Description April 3, 2001 Page 6 Marian K. Karr, City Clerk