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HomeMy WebLinkAbout2001-05-01 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 1, 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, Schmadeke, Franklin, Rocca, Humston, Nasby, O'Malley, Schmadeke, Boothroy, Scott. Council minutes tape recorded on Tape 01-49, Both Sides; Tape 01-50, Both Sides. The Mayor proclaimed: Crisis Center Week - April 30-May 6, Board Chair Steve Hirst and Director Ross Wilburn accepting; The Ronald McDonald House Week - May 2-7; Historic Preservation Week - May 13-19, Historic Preservation Chair Michael Gunn accepting; Police Week - May 13-19; Peace Officers' Memorial Day, May 15. The Mayor and Fire Chief Rocca presented Martin and Leanne Jacobs "The Lieutenant Robert L. Hein Life-Saving Award", Leanne and Heidi Jacobs accepted. Members of the Lt. Hein family were recognized. Moved by Vanderhoef, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or appreved, and/or adopted as amended and to delete item 4e(2) a resolution setting public hearing on plans, specifications, and estimate of cost for the construction of the Iowa City Skate Park from Consent Calendar: Approval of Official Council Actions for regular meeting of April 17, as published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Board of Adjustment- March 14. Iowa City Human Rights Commission - February 27. Iowa City Human Rights Commission - March 27. Iowa City Public Library Board of Trustees - March 29. Permit Motions and Resolutions as Recommended by the City Clerk: Renewals. Class C Liquor License for Robert D. Finley dba Outer Limits of Iowa City, 1910 S. Gilbert St. Class C Liquor License for GMRI, Inc., dba Red Lobster#759, 1069 Hwy. 1 West. RES. 01-105, Bk. 125, p. 105, TO ISSUE CIGARETTE PERMITS for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St. Motions: Consider a motion to approve disbursements in the amount of $14,613,735.57 forthe period of March 1 through March 31,2001, as recommended by the Finance Director subject to audit. Disbursements are published and permanently retained in the City Clerk's office in accordance with State Code. Setting Public Hearings, Bk. 125: RES. 01-106, p. 106, SETTING A PUBLIC HEARING FOR MAY 15 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION, & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO INCREASE OR CHANGE THE RATES FOR FEES AND CHARGES FOR WASTEWATER SERVICE CHARGES. Resolutions, Bk. 125: RES. 01-107, p. 107, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A SECOND MORTGAGE, A PROMISSORY NOTE, AND A RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 451 RUNDELL STREET, IOWA CITY, IOWA. RES. 01-108, p. 108, Complete Description May 1,2001 Page 2 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE QF A LIEN REGARDING A SECOND MORTGAGE AND APPROVAL OF THE SALE OF THE PROPERTY PURSUANT TO THE RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 451 RUNDELL STREET, IOWA CITY, IOWA. RES. 01-109, p. 109, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING TWO AMENDED MORTGAGES FOR THE PROPERTY LOCATED AT 531 CENTER STREET, IOWA CITY, IOWA. RES. 01-110, p. 110, RESOLUTION NAMING DEPOSITORIES. RES. 01-111, p. 111, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL GAS COLLECTION SYSTEM. RES. 01-112, p. 112, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE 1. Correspondence: Erin Irish - Lexington. Irene Patil- Lexington Avenue. Hanna B. Weston and Charles Nadler- Lexington Avenue. Thomas Gelman - Lexington Avenue. Bruce and Annette Scheib - Lexington Avenue. Kathryn Henry - Lexington Avenue. Edmund Franken Jr. and Penelope. Franken - Lexington Avenue. Chris Schrock - Lexington Avenue. David Manderscheid - Lexington Avenue. James Petran - Lexington Avenue. Karin Southard - Lexington Avenue. Stephen Stefanac - Lexington Avenue. Phyllis Jones - Lexington Avenue. Charlotte Harlow- Lexington Avenue. Ramon and Victoria Lim- Lexington Avenue. William and Charlotte Talman - Lexington Avenue. Vicky Grube - Lexington Avenue. lan Law and Laura Frey Law - Lexington Avenue. Rhys B. Jones - Lexington Avenue. Patricia Van Rollins - Lexington Avenue. Dr. and Mrs. S. S. Hayreh - Lexington Avenue. Ellen Lorenz- Lexington Avenue. Evelyn Acosta-Weirich - Lexington Avenue. Dina Janzen - Lexington Avenue. Robert Sayre - Lexington Avenue. Kevin Kopelson - Lexington Avenue. Nina Petran - Lexington Avenue. Diana Thomas - Lexington Avenue. Richard and Linda Kerber - Lexington Avenue. Daniel and Jill Kahn - Lexington Avenue. Ellie and Peter Densen - Lexington Avenue. Paul Keller - Lexington Avenue. Annemarie Carter - Lexington Avenue. Dr. Moacyr Ribeiro de Oliveira and Family - Lexington Avenue. Loni Parrott - smoking. Rosemary Wilhelm - smoking. P. Ferman and Kathryn Milster - Mormon Trek and Cameron Way [staff response included]. Robynn Shrader- Harlocke-Weeber. Katherine Johnson - shuttle and street markings. Melissa Ruhlow - rezoning. Mark Westerman - Landfill Gas Collection System Project. Robin Davisson and Tim Walker (Northside Neighborhood Association) - rental properties. Nick Klenske and Dan Rossi (UISG) - student issues. JCCOG Traffic Engineering Planner: Designation of a NO PARKING ANY TIME zone on the east side of Union Road between the driveway at 2008 Union Road and Arizona Avenue. Designation of a NO PARKING ANY TIME zone on the east side of Willow Street between Muscatine Avenue and Pinecrest Road. Charlotte Walker - CDBG funding allocations. Bob Thompson - PCRB. James Luth - Lexington Avenue. Shari Shields - Lexington Avenue. Eugene Spaziani - Lexington Avenue. Kara Fellows - Lexington Avenue. Rick Dehn - Lexington Avenue. Jen Wagner - Lexington Avenue. Mary Coburn - Speeding on A Street. Tom Mentz - Lexington Avenue. John & Marcy Albright - Lexington Avenue. Thomas Gelman - Lexington Avenue. Tom Oetting - Lexington Avenue. John Kammermeyer - Lexington Avenue. Susan Judisch - Lexington Avenue. Ana and Roberto Ampuero - Lexington Avenue. Barbara DeVries - Lexington Avenue. Robert Burns - HOME/CDBG Funding. Anne Leserman and Steven Complete Description May 1,2001 Page 3 Robbins - Lexington Avenue. William Talman - Lexington Avenue. Mark Young - Lexington Avenue. Chris Liebig - Lexington Avenue. Affirmative roll call moved unanimous, 7/0, all Council Members present. The Mayor repeated the public hearing as set and declared the motion carried. The following individuals appeared regarding closing of Lexington Avenue: James Petran, 410 Magowan; Diana Thomas, 350 Magowan; and Ribeire de Oliveira, Magowan. James Clark, 111 Fairchild, and Michael Gunn, Historic Preservation Chair, appeared regarding preserving the Old (Carnegie) Library. Atty. Jerry Crewford, representing Herbert Kip Pohl, appeared regarding a Liquor License for Etc. Robynn Shrader, Weeber-Harlocke Neighborhood, presented a petition from 230 residents endorsing the development of a neighborhood park in the area. Moved by Pfab, seconded by Vanderhoef, to accept the petition. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ed Harney appeared regarding the installation of no parking signs on the 900 block of Willow. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for May 15 on an ordinance changing the zoning designation from P, Public to CB-10, Centrel Business District for approximately 0.76 acres of property located south of Iowa Avenue between Linn and Gilbert Streets (Tower Place). The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for May 15, 2001 on an ordinance amending the Zoning Code (Article E, Commercial and Business Zones) to allow public, municipal parking facilities as a permitted use in the Central Business District (CB-10) and Centrel Business Support (CB-5) Zones. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Sensitive Areas Overlay Plan for Walnut Ridge Parts 8, 9, and 10, an approximate 35.15 acre residential subdivision located on Kennedy Parkway. Glenn Siders and Atty. Mike Pugh, representing Southgate Development, appeared. PCD Director Frenklin present for discussion. A public hearing was held on an ordinance rezoning 24 acres from P, Public to SAO-5 Sensitive Area Overlay and amending the preliminary SAO plan of the Peninsula Neighborhood, an 82.1 acre development located at the west end of Foster Road. No one appeared. Material was distributed from Atty. Gregg Geerdes representing the Elks. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance rezoning 24 acres from P, Public to SAO-5 Sensitive Area Overlay and amending the preliminary SAO plan of the Peninsula Neighborhood, an 82.1 acre development located at the west end of Foster Road, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor announced that a special formal Council meeting was scheduled for 9:00 AM on May 3 for second and third consideretion of the ordinance. A public hearing was held on an ordinance changing the zoning designation from Generel 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). Atty. Tom Hobart, representing Carousel Ford and Ken Williamson, appeared. Moved by Champion, seconded by Wilburn, to continue the public hearing to June 12. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Vanderhoef, that the 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 I (Westport Plaza, Complete Description May 1,2001 Page 4 Part 2), be deferred to June 12. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, that ORD. 01-3964, Bk. 44, p. 10, AMENDING THE ZONING CHAPTER BY DESIGNATING THE GOVERNOR- LUCAS-BOWERY STREET CONSERVATION DISTRICT AS A CONSERVATION OVERLAY (OCD) ZONE, CONTAINING PROPERTIES LOCATED ALONG S. GOVERNOR AND S. LUCAS STREETS, SOUTH OF BURLINGTON STREET, AND ALONG S. BOWERY STREET BETWEEN LUCAS STREET AND SUMMIT STREET HISTORIC DISTRICT, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, to adopt a resolution approving the extraterritorial preliminary plat of Prairie Edge, Johnson County, Iowa. PCD Director Franklin present for discussion. The Mayor declared the resolution defeated, 0/7, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-113, Bk. 125, p. 113, AMENDING THE COMPREHENSIVE PLAN, TO INCLUDE THE NORTH DISTRICT PLAN AS RECOMMENDED BY THE IOWA CITY PLANNING AND ZONING COMMISSION ON MARCH 15, 2001. PCD Director Franklin present for discussion. Affirmative roll call, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution amending the FY2001 Operating Budget. No one appeared. A public hearing was held on a resolution for the issuance of $9,825,000 General Obligation Bonds (for an essential corporate purpose) of Iowa City, Iowa. Finance Director O'Malley present for discussion. No one appeared. Moved by Wilburn, seconded by Pfab, to adopt RES. 01-114, Bk. 125, p. 114, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS (for an essential corporate purpose) of Iowa City, Iowa. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution for the issuance of not to exceed $670,000 of General Obligation Bonds (for a general corporate purpose.) No one appeared. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 01-115, Bk. 125, p. 115, INSTITUTING PROCEEDINGS TQ TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $670,000 QF GENERAL OBLIGATION BONDS (for a general corporate purpose). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution for the issuance of not to exceed $695,000 of general obligation bonds (for a general corporate purpose). No one appeared. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-116, Bk. 125, p. 116, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $695,000 OF GENERAL OBLIGATION BONDS (for a general corporate purpose). Affirmative roll call vote Complete Description May 1,2001 Page 5 unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution for the issuance of not to exceed $700,000 of general obligation bonds (for a general corporate purpose). No one appeared. Moved by O'Donnell, seconded by Pfab, to adopt RES. 01-117, Bk. 125, p. 117, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (for a general corporate purpose). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution for the issuance of not to exceed $700,000 of general obligation bonds (for a general corporate purpose). No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-118, Bk. 125, p. 118, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (for a general corporate purpose). The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Absent: None. 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 Foster Road grading and water main 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 Champion, to adopt RES. 01-119, Bk. 125, p. 119, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD GRADING AND WATER MAIN 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. In response to Council Member Kanner, the City Manager will follow up on the possibility of installing a path and/or sidewalk prior to the road being built. 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 Longfellow / Twain Pedestrian Tunnel 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. Jeff Schabilion, 431 Rundell, representing Longfellow Neighborhood and Chuck Felling, 825 S. 7th, appeared. Sr. Civil Engr. Scott present for discussion. After discussion Council directed staff to continue with bidding the project and pursue dark colored fencing, textured molding on the surface, and erosion control as possible changes. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 01-120, Bk. 125, p. 125, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LONGFELLOW / TWAIN PEDESTRIAN TUNNEL PROJECT [PROJECT NO. STP-E-3715(616)--8v- 52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND Complete Description May 1,2001 Page 6 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 Pfab, that ORD. 01-3965, Bk. 44, p. 11, AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION I(B) TO INCREASE THE MAXIMUM CRIMINAL PENALTY FOR SIMPLE MISDEMEANORS TC) $500 AS AUTHORIZED BY STATE CODE, 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 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 second vote. City Atty. Dilkes reported on revisions to the ordinance and recommended defeating the original ordinance and giving first consideration to the newly revised ordinance bearing the same name. Individual Council Members expressed their views. The Mayor declared the ordinance defeated unanimously, 0/7, all Council Members present. Moved by Wilburn, seconded by Pfab, that the revised ordinance distributed April 26, 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 reading. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Lehman, Pfab, Vanderhoef, Wilburn. Nays: Kanner, O'Donnell, Champion. Absent: None. Moved by Wilburn, seconded by Pfab, to adopt RES. 01-121, Bk. 125, p. 121, 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 MMS CONSULTANTS, INC. TO PRC)VIDE ENGINEERING CONSULTANT SERVICES FOR THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORM WATER PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 0%122, Bk. 125, p. 122, ADOPTING IOWA CITY'S FY02 ANNUAL ACTION PLAN, THAT IS PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT QF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN, as amended. Moved by Vanderhoef, seconded by O'Donnell, to amend the plan to show in the housing section that we will fully fund the Iowa City Housing Fellowship and to remove the Foxboro (Ridge) Project from funding and any of the remaining funding would go to Habitat for Humanity. Individual Council Members expressed Complete Description May 1,2001 Page 7 their views. CDBG Coordinator Nasby present for discussion. Bob Burns, architect and developer, appeared to encourage Council to consider the establishment of Housing Enterprise Zones. Individual Council Members expressed their views. The Mayor declared the motion to amend carried, 5/2, with the following division of voice vote: Ayes: Wilburn, Champion, Lehman, O'Donnell, Vanderhoef. Nays; Kanner, Pfab. Absent: None. Affirmative roll call vote unanimous on the resolution as amended, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell to accept correspondence from: Nancy Stensvaag, and Bob Burns. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, to adopt RES. 01-123, Bk. 125, p. 123, RATIFYING SETTLEMENT OF PENDING LITIGATION, Wendy Dalton for $50,000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the vacancy on the Historic Preservation Commission to fill a three-year term March 29, 2001 - March 29, 2004, will be readvertised. The Mayor noted the current vacancies: Library Board of Trustees - Three vacancies to fill three-year terms July 1,2001 - July 1, 2007. Deadline for application is 5:00 p.m., Wednesday, June 6. The Mayor noted the previously-announced vacancies: Planning & Zoning Commission - One vacancy for an unexpired term ending May 1,2002. Deadline for application is 5:00 p.m., Wednesday, May 30. 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 Pfab requested an update on the school crossing at Weber school. The City Manager stated the School District has agreed to share the cost 50/50 with the City and a contractor was being secured. Council Member O'Donnell reminded citizens of the Crisis Center breakfast scheduled for May 6, and acknowledged the efforts of KCJJ on a fundraiser and food drive for the Crisis Center. Council Member Vanderhoef announced East Central Iowa Council of Governments (ECICOG) was sponsoring a free Tire Check on May 5; and a special zoning seminar focusing on City Planning Commission and Board of Adjustments planned for May 24 in the Council Chambers in Cedar Rapids. Council Member Kanner acknowledged the list of construction activities distributed to Council and suggested that copies be made available to the public. t Staff will follow up.; noted May 4 as the 11 h birthday for PATV and encouraged citizens to attend a celebration planned May 4; wished everyone a Happy May Day. Council Member Vanderhoef acknowledged she had received a May basket from her granddaughter. Council Member Pfab questioned progress being made on internet bidding of City bonds. The City Manager stated he continued to recommend bonds be bid in the traditional fashion. Mayor Lehman reported on visits members of the Economic Development Subcommittee (Wilburn, Vanderhoef, Lehman) and Economic Development Planner Schoon are making to local larger employees concerning their perception of the City and what the City can do for them and they for us; and reported that almost everyone have been extremely complimentary of City staff and asked the City Manager to relay back the comments. Complete Description May 1,2001 Page 8 Moved by Vanderhoef, seconded by Pfab, to a 'ourn 10:20 p.m. The Mayor declared the motion carried unanimously, 7/0, ~~_~,,/b,e~.p.re~ · Ernest W. Lehman, Mayor M/'a'~n K. Karr, City Clerk Subject to change as ~nalized by the City Clerk. For a final official copy, contact the I 05-ol-01 City Clerk's Office, 356-5040. 48 The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publications is $ OFFICIAL COUNCIL ACTIONS - 4/17/01 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 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 and seconded 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 - March 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, 321 S. Gilbert St. Class A Liquor License for Loyal Order of Moose Lodge No. 1096, 3151 Hwy 6 East. Class C Beer Permit for Dell Mart #3, 2410 Mormon Trek Blvd. Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss St. Class C Liquor License for College Street Billlard Club, 114 E. College St. Class C Liquor License for Linn Street Caf~, Inc., 121 N. Linn St. RES. 01-85, TO ISSUE DANCING PERMIT for Loyal Order of Moose Lodge No.1096, 3151 Hwy. 6 East. Setting Public Hearings: RES. 01-86, SETTING A PUBLIC HEARING ON AMENDING THE FY2001 OPERATING BUDGET. RES. 01-87, SETTING A PUBLIC HEARING 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 SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-88, FIXING DATE 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, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE Official Actions *Revi sed 4/30/01 April 17, 2001 Page 2 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, FIXING DATE 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, FIXING DATE 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, FIXING DATE 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: RES. 01-93, 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, 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, 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 Waiters - Union Road parking. The Mayor declared the motion carried. Moved and seconded 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 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. 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 and seconded to accept correspondence from Ms. De Prosse. The Mayor declared the motion carried. Official Actions April 17, 2001 Page 3 Moved and seconded 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. 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. Moved and seconded to continue public hearing to May 1. The Mayor declared the motion carried. Mayor Lehman left the room for next item due to a conflict of interest. Mayor Pro tem 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 Oveday, 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 following individuals appeared: Judith Klink, 1101 Harlocke St.; Olympia Niederecker, 923 Harlocke St.; William Knabe, 1101 Weeher Circle; Emie Cox, 913 Harlocke St.; Christina Alexander, 917 Hadocke St.; Stephen Tulley, 917 Hadocke St.; Robynn Shrader, Weeber Circle; Arty. Joe Holland, representing Weeber-Hadocke Neighborhood Assn.; Glenn Siders, Southgate Development; and Atty. Tom Gelman, representing Southgate Development. Moved and seconded to accept correspondence from: William Knabe; and power point presentation from the Hadocke-Weeber neighborhood. The Mayor Pro tem declared the motion carried. Moved and seconded 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 Hadocke Street, be given first vote. Moved and seconded to defer the ordinance until May I and request a joint meeting with the Planning and Zoning Commission. The Mayor Pro tem declared the motion to defer defeated. The Mayor Pro tem declared the motion for first consideration defeated (due to the need for an extraordinary vote). Mayor Lehman returned to meeting. A public hearing was held on a resolution amending the Comprehensive Plan to include the North Distdct Plan. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation by establishing a Conservation Oveday Zone for properties generally located south of Burlington Street along Governor and Lucas Streets, be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-96, APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES PART 1, IOWA CITY, IOWA. Moved and seconded to set a public hearing for May 1, on an ordinance rezoning 24 acres from P, Public to SAO-5 Sensitive Area Overlay and amending the preliminary SAO plan of the Peninsula Neighborhood, an 82.1 acre development located at the west end of Foster Road. The Mayor declared the motion carried. A public hearing was held regarding the FY02 Annual Action Plan, that is a sub-pad 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. Official Actions April 17, 2001 Page 4 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, Bums & Burns/ Foxboro Ridge; Kymbyrly Koester, Ruby's Pead; Jeanne Kelsey, Metro Plans Development; Charlie Eastham, Greater Iowa City Housing Fellowship; and Alaina Welsh, Burns & Bums/Foxboro Ridge. Community Development Coordinator Nasby present for discussion. Moved and seconded to accept correspondence from: Maryann Dennis and Charles Eastham, Greater Iowa City Housing Fellowship; Jeanne Kelsey, Metro Plains; Atty. Steven Ballard, Burns & Bums/Foxboro Ridge; Robert Burns, Burns & Burns/Foxboro Ridge; Carol De Prosse, Peninsula low rent apartments; David Brown, Pathways; and Kymbyrly Koester, Ruby's Pearl. The Mayor declared the motion carried. 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. Moved and seconded to adopt RES. 01-97, 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 BIDS. 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 second vote. The Mayor declared the motion carried. Moved and seconded 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 Fortney, Brothers Bar and Grill; Eric Forthey, Brothers Bar and Grill. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Nancy Davin, Ruth Baker, Adam Johnston, Bob Elliott, J.W., Carol De Prosse, Kate Newberg, Michael Crane, Sarah Libert, Ben Lewis, Mary Sue Coleman, Kent Carlson, Nigel Gomez, Polly and Armond Pagliai. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-98, 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. Moved and seconded to adopt RES. 01-99, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A Official Actions April 17, 2001 Page 5 CONTRACT FOR CONSTRUCTION OF CAPTAIN IRISH PARKWAY (PHASE II) AND FIRST AVENUE EXTENSION. Moved and seconded to adopt RES. 01-100, 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. Moved and seconded to adopt RES. 01-101, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORM WATER PROJECT. Moved and seconded to adopt RES. 01-102, 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 CAFG. Moved and seconded to adopt RES. 01-103, 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. Moved and seconded to mappoint James Anderlik, 2901 Muscatine Avenue, to the Civil Service Commission for a four-year term ending April 4, 2005. The Mayor declared the motion carded. 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: Histodc 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. Moved and seconded to adjourn 11:05 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file on the office of the City Clerk. s/Ernest W. Lehman, Mayor Official Actions April 17, 2001 Page 2 ISSUANCE OF NOT TO EXCEED $670,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING \' EXCEED $695,000 OF GENERAL OBLIGATION BONDS (FOR \ CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATI \ NOTICE THEREOF. RES. 01-91, FIXING DATE FOR A MEE ON THE /~PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED 000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL COF ) AND PROVIDING FOR PUBLICATION OF 3F. 01-92, FIXING DATE FOR A MEETING ON THE OF TH CE OF NOT TO EXCEED $700,000 OF BONDS (FOR A GENERAL CORPO! PURPOSE) AND ~IG FOR PUBLICATION OF lutions: RES. 01-93, AUTHORIZIN~ MAYOR TO SIGN AND THE E REGARDING A RENTAL ::)N LIEN FOR THE 435 - 437 SUMMIT IOWA CITY, 01-94, AUTHORIZING THE MAYOR TO ~ND THE CITY CLEF A'I'I'EST TO A SUBORDINATION ]REEMENT I THE CITY OF IOWA CITY AND IOWA STATE ]D TRUST C( IOWA CITY, IOWA FOR PROPERTY LOCATED AT H JOHNS~ STREET, IOWA CITY, IOWA. RES. 01-95, ACCEPTIN~ THE POLICE DEPARTMENT SECOND FLI PROJECT. Correspondence: 3eck - parking. Rhamina Wade - April 20 Youth Summit. Jeanne Bock. site voting. Ann Kohl - smoking in restaurants. Mike Bruss - a .n protestors. Paul Deninger and Greg Duethman (Iowa City Cycl - Old Capitol Criterium. Jerry Feick - violations. Kerry Kara Fellows - 64-1A. Courtney McGuirt - 64-1A. Lowell Luhman. 3olkcom - bottle bill [also included are Assistant City Mana , legislators and responses to him] Carol ' lowan man ~a article (May 1978). Lori McCurn - public housing gui~~reviousl, in Council's April 5 Information Chuck Larson - H~' ~g 2001. Katie Anthony- parking The Mayor declared ' carried. Moved to defer to May 1, acceptance of the J Transportation Plann, ;ignating NO PARKING ZONES on the east side Jnion Road Union Road and Arizona Avenu~ on the east Muscatine Avenue and Pinecrestjn order to get more information. Th~ individuals appeared: David GarriSon, 2012 Union Rd.; MatthewWelter, 2008 ~n Rd.; Ed Harney, 910 Willow St. The Mayor declared the motion carded. S,e'i~ior Center Commissioner Joanne Hora, 5475 Herb Hoover Hwy NE, ~t., appeared regarding KCJJ. Carol De Prosse, Lone Tree, ~ppeared regarding KCJJ and a person cited for littering on the Ped Mall. Moved and seconded to accept correspondence from Ms. De Prosse. The Mayor declared the motion carried. 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 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, Wilburn. 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 - March 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 TV 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 Cafe, Inc., dba Linn Street Caf~, Inc., 121 N. Linn St. RES. 01-85, 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. 67, 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 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. 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 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 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-lot 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 tem 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 Weeber-Harlocke 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 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 tern 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, O'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 SAO-5 Sensitive Area Overlay and amending the preliminary SAO 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; Kymbyrly 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; Atty. Steven Ballard, Burns & Burns/Foxboro Ridge; Robert Burns, Burns & Burns/Foxbore 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 Forthey, 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 Carlson, 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, Q'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, 0'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 TQ 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 DeLong-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~. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-103, Bk. 125, p. 103, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIQ, 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 Sheraton. 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, all Council Members present. Ernest W. Lehman, Mayor Complete Description April 17, 2001 Page 7 Marian K. Karr, City Clerk