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HomeMy WebLinkAbout2001-05-15 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 15, 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, Nasby, Franklin, Boothroy, Grosvenor, Spitz, Logsden, Klingaman, O'Malley. Council minutes tape recorded on Tape 01-51, Side 2; Tape 01-55, Both Sides. The Mayor proclaimed: Community Development Day - June 1, Kathleen Renquist, Housing and Community Development Chair accepting; Systems Unlimited Week - June 3-9, William Gormon, Executive Director accepting; Mormon Pioneer Day - June 9, Ken Richardson, President Mormon Trek Heritage Society of Iowa City accepting. Moved by Champion, seconded by Pfab, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from the Consent Calendar and consider as separate item 3d(1 ) a resolution accepting the work for the Iowa Avenue Streetscape Project, Phase h Approval of Official Council Actions for special meetings of April 26, April 30, May 3, May 8 and regular meeting of May 1, as published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Control Advisory Board - March 28 Recommendation: Forward revised bylaws to Council for approval. (This should be referred to the Rules Committee for a recommendation). Iowa City Board of Adjustment- March 14: Iowa City Board of Adjustment- April 11. Iowa City Historic Preservation Commission -April 12. Iowa City Public Art Advisory Committee - April 5. Parks and Recreation Commission - April 11. Planning and Zoning Commission -April 5 Recommendation: Approve an application from Southgate Development for an amended Sensitive Areas Overlay plan and a preliminary plat of Walnut Ridge Parts 9-10, a 13-lot residential subdivision located on Kennedy Parkway. Recommendation: Approve an application submitted by Arlington L.C. for a preliminary plat of Stone Bridge Estates Part 1, a 5.05 acre, 16-1ot residential subdivision located north of Court Street and east of Camden Road. Planning and Zoning Commission -April 19 Recommendation: Approve a City initiated application to rezone 24 acres from P, Public to OPDH-5, Planned Development Overlay, and an amended preliminary plat and OPDH plan and a final plat of the Peninsula Neighborhood, First Addition, a 35.99-acre, 73-1ot subdivision located at the west end of Foster Road. Recommendation: Approve a City initiated application to rezone property located south of Iowa Avenue between Linn and Gilbert Streets (Tower Place) from P, Public to CB-10, Central Business District and to amend the Zoning Code to allow public, municipal parking facilities as permitted use in the CB-10 zone. Complete Description May 15, 2001 Page 2 Recommendation: Deny a preliminary plat of Prairie Edge Subdivision, a 5-lot, 5.66-acre subdivision located on the west side of Prairie du Chien Road and north of Linder Road. Police Citizens Review Board -April 10 Recommendation: Re-enactment of the PCRB ordinance. Police Citizens Review Board Community Forum -April 18. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr. Class C Beer Permit for Nordstrom Oil Co., dba Dubuque Street HandiMart, 204 N. Dubuque St. Class B Wine Permit for Nordstrom Oil Co., dba Dubuque Street HandiMart, 204 N. Dubuque St. Class C Liquor License for Pershell Corporation dba Colonial Lanes, 2253 Highway 218 South. Class C Liquor License for Quzer dba Shakespeare's, 819 First Ave. Class C Beer Permit for Suburban Investors, L.C., dba Suburban Amoco, 370 Scott Court. Resolutions, Bk. 125: RES. 01-127, p. 127, ACCEPTING THE DEDICATION OF OUTLOTS A AND B TO THE CITY OF IOWA CITY AS PLATTED IN THE SCOTT SIX INDUSTRIAL PARK, IOWA CITY, IOWA AND DECLARING IT OPEN FOR PUBLIC USE. RES. 01-128, p. 128, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 951 DOVER STREET, IOWA CITY, IOWA. RES. 01-129, p. 129, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 801 SECOND AVENUE, IOWA CITY, IOWA. RES. 01-130, p. 130, AUTHORIZING THE MAYOR TQ SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2350 CATSKILL COURT, IOWA CITY, IOWA. RES. 01-131, p. 131, SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF IOWA CITY AND AUTHORING THE MAYOR TO SIGN A LETTER OF SUPPORT TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION (MDI Limited Partnership #65). RES. 01-132, p. 132, SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT IN ORDER TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION (Foxboro Ridge Limited Partnership). RES. 01-133, p. 133, SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT IN ORDER TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION (Emerson Point Limited Partnership). RES. 01-134, p. 134, SETTING A PUBLIC HEARING for June 12 QN PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK PARKING LOT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Complete Description May 15, 2001 Page 3 Correspondence: Jason Schaffer - energy efficiency. Holly Teagle - Lexington Avenue. James Petran - Lexington Avenue. Richard Kerber - Lexington Avenue. Dr. and Mrs. Robert T. Soper - Lexington Avenue. Jeff and Sara Braverman - Lexington Avenue. Nora Lee Balmer- Lexington Avenue. Anne Nusser Rizzo - Lexington Avenue. Michael Wright - Downtown Liquor Licenses. Sal and Marcia Leanhart - Denial of Liquor License Carol AS Thompson - smoking. Audrey Silk - smoking. Dave Pickrell (Smokers Fighting Discrimination) - smoking (3). Sam Stewart - smoking. Karen Kubby - PCRB. Dan Gould - pesticides. Tom Saterfiel - sidewalks. Todd McCafferty - Carnegie Library. Cecile and Ruedi Kuenzli - Carnegie Library. Jeremy Faden - Carnegie Library. Martha Gordon - Carnegie Library. Maggie Rochelle - Carnegie Library. Delbert Disselhorst - Carnegie Library. Iowa City Youth Summit Planning Team - Thank you. JCCOG Traffic Engineering Planner: Installation of a NO PARKING HERE TO CORNER sign and a NO PARKING CORNER TO HERE sign at the intersection of Fourth Avenue and A Street. Installation of two NO PARKING COMMERCIAL VEHICLE LOADING ZONE signs on the north side of Harrison Street west of Madison Street. Placement of NO PARKING 8A.M. - 5 P.M. MON - FRI signs on the north side of Gould Street between Holt Avenue and Beldon Avenue. Placement of 2 HR LIMIT PARKING 8 A.M. - 5 P.M. MON - FRI signs on the west side of Beldon Avenue between Oakridge Avenue and Park Road. Placement of NO PARKING TUESDAY THURSDAY 8 A.M. - 5 P.M. sign on the west side of Johnson Street between Washington Street and Iowa Avenue. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried as amended. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-135, p. 135, ACCEPTING THE WORK FOR THE IOWA AVENUE STREETSCAPE PHASE I PROJECT. Council Member Vanderhoef stated she would be abstaining due to a conflict of interest. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the resolution adopted. Senior Center Commissioner Lori Benz updated Council on activities at the Center. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Ms. Benz concerning Tower Place parking. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Bob Burns, architect and developer, encouraged Council to develop housing enterprise zones. Michael Newman, 1234 Burns Ave., commended the Police Department. Robynn Shrader, 1104 Weeber Circle, requested Council direct the Parks & Recreation Director to follow through directions from the Parks & Recreation Commission to seek an asking price from Southgate Development on the four acres on Harlocke St. for a park. (Council agreed to schedule an executive session on the pending lawsuit with Southgate and schedule a work session discussion on parkland purchase.) Brian Davis, 427 S. Johnson, discouraged Council to adopt a resolution requiring all six Council Member appointees to JCCOG to vote unanimously with the majority vote of Council. (Council agreed to place the item on the June 12 agenda.) Moved by Vanderhoef, seconded by (:)'Donnell, to set a public hearing for June 12 on an ordinance changing the zoning code by amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill a an 8.2 acre 17-unit residential development located north of Washington Street on Arbor Hill Circle. The Mayor declared the motion carried, 7/0, all Council Members present. Complete Description May 15, 2001 Page 4 Moved by Vanderhoef, seconded by Kanner, to set a public hearing for June 12 on an ordinance vacating Hemingway Lane west of Russell Drive. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on an ordinance changing the zoning designation of approximately 0.83 acres from public (P) to Central Business (CB-10) (Tower Place) located south of Iowa Avenue between Linn Street and Gilbert Street. No one appeared. A public hearing was held on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," to allow municipally owned, mixed-use parking facilities in the Central Business Support Zone (CB-5) and the Central Business Zone (CB-10). No one appeared. Moved by O'Donnell, seconded by Champion, that ORD. 01-3967, Bk. 44, p. 13, AMENDING ZONING CODE ARTICLE (D), DEFINITIONS, AND ARTICLE (L) PROVISIONAL USES, SPECIAL EXCEPTIONS AND TEMPORARY USES, TO ALLOW ACCESSORY APARTMENTS IN ACCESSORY BUILDINGS, 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 the 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, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Pfab, Kanner. Absent: None. Moved by Vanderhoef, seconded by Pfab, to defer to June 13, a resolution approving the final plat of the peninsula neighborhood, a 12.09-acre. 47-1ot subdivision located at the west end of Foster Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending Title 3 "City Finances, Taxation, & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase wastewater service charges and fees in Iowa City, Iowa. No one appeared. A public hearing was held on a resolution approving the Iowa City Housing Authority's updated Annual Plan. No one appeared. Moved by O'Donnell seconded by Pfab, to adopt RES. 01-136, Bk. 125, p. 136, APPROVING THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN. Housing Adm. Grosvenor present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion, to adopt RES. 01-137, Bk. 125, p. 137, AUTHORIZING ACQUISITION OF A SINGLE-FAMILY LOT LEGALLY DESCRIBED AS LOT 6, BLOCK 39, EAST IOWA CITY, UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM. HIS Dir. Boothroy, Human Rights Coordinator Shank, and Keith Ruff appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution 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 Complete Description May 15, 2001 Page 5 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. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Lehman, Pfab, Vanderhoef, Wilburn. Nays: O'Donnell, Kanner, Champion. Absent: None. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Catherine Solow. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-138, Bk. 125, p. 138, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2001 (AS AMENDED LAST ON October 3, 2000). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 01-139, Bk. 125, p. 139, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TRANSIT PARKING LOT RESURFACE PROJECT to L.L. Pelling Company, Inc., for $85,412.00. Transit Mgr. Logsden present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-140, Bk. 125, p. 140, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE LOT 49, PARK WEST SUBDIVISION IN IOWA CITY, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the conveyance of the property known as Peninsula Neighborhood, First Addition, in Iowa City, Iowa, to Terry L. Stareper Holdings, L.L.C. No one appeared. Moved by Pfab, seconded by Champion, to continue the public hearing to June 12. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to defer to June 12, a resolution authorizing conveyance of the property known as Peninsula Neighborhood, First Addition, in Iowa City, Iowa, to Terry L. Stareper Holdings, L.L.C. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-141, Bk. 125, p. 141, APPROVING CABLEVISION VII, INC.'S REQUESTED RATE INCREASE AND ESTABLISHING MAXIMUM PERMITTED RATES FOR BASIC CABLE SERVICE. Asst. City Mgr. Helling present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-142, Bk. 125, p. 125, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2002 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description *Amended 6/12/01 May 15, 2001 Page 6 Moved by Champion, seconded by O'Donnell, to adopt RES. 01-143, Bk. 125, p. 143, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING t Ave., Neighborhood Council/Longfellow Neighborhood; Richard Burke, 1173 Court St., Longfellow Schools Butterfly Garden and Bird Habitat; Jerry Hansen, 1237 Burns Ave., Wetherby Friends and Neighbors; Jeff Schabilion, 431 Rundell, Longfellow Nature Trail. Moved by Vanderhoef, seconded by Kanner, to remove the spring cleanup from the recommendation. Individual Council Members expressed their views. Cecile Kuenzli, Longfellow Neighborhood appeared. The Mayor declared the amendment defeated, 3/4, with the following division of show of hands: Ayes: Kanner, Lehman, Vanderhoef. Nays: Pfab, Wilburn, O'Donnell, Champion. Affirmative roll call vote unanimous on the resolution, 7/0, all Council Members present. The Mayor declared the resolution adopted as presented. Moved by Wilburn, seconded Vanderhoef, to adopt RES. 01-144, Bk. 125, p. 144, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY REGARDING RECONSTRUCTION OF FIRST AVENUE FROM THE CLEAR CREEK BRIDGE TO IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILROAD VIADUCT. Individual Council Members expressed their views. The Mayor declared the resolution passed, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-145, Bk. 125, p. 145, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2002 FOR THE CiTY MANAGER ($129,064.00), CITY ATTORNEY ($52,041.60160%FTE]), AND CITY CLERK ($67,100.60). Moved by Kanner, seconded by Pfab, to amend the resolution that all raises for three Council employees equal the average of city wide employees at $1,996. The Mayor declared the amendment defeated, 1/6, with the following voice vote: Ayes: Kanner. Nays: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. The Mayor declared the original resolution adopted, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab, Kanner. Absent: None. Holly Berkowitz, 612 Granada Ct., appeared and suggested Iowa City be renamed "Garden for Eden" and encouraged development of alternative transportation systems in the city. Moved by O'Donnell, seconded by Champion, to appoint Rick Spooner, 810 W. Benton #107B, to the Housing and Community Development Commission for one vacancy for an unexpired term ending September 1,2002. The Mayor declared the motion carried, 6/1, with the following division of voice vote: Ayes: Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab. Absent: None. The Mayor noted the current vacancies: Historic Preservation Commission - One vacancy to fill a three-year term March 29, 2001 - March 29, 2004 Brown Street District). Deadline for application is 5:00 p.m., Wednesday, June 20, 2001. Public Arts Advisory Committee - One vacancy for an Art Professional to serve an unexpired term ending January 1,2003. Deadline for application is 5:00 p.m., Wednesday, June 20, 2001. The Mayor noted the previously-announced vacancies: Library Board of * Trustees - Three vacancies to fill six-year terms July 1, 2001 - July 1,2007. Complete Description May 15, 2001 Page 6 Moved by Champion, seconded by O'Donnell, to adopt RES. 01-143, Bk. 125, p. APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING (PI.Nu~ GRANT FUNDS. The following people appeared: Marc 825 S. 7 Ave., Neighborhood Council/Longfellow Neighborhood; Richard 1173 Court St., Longfellow Schools Butterfi, Habitat; Jerry 237 Burns Ave., Wetherby Friends and Nek Jeff Schabilion, 431 Rundell, Nature Trail. Moved by Vanderhoef, by Kanner, to remove the ~ from the recommendation. Members expressed s. Cecile Kuenzli, Longfellow Neic ppeared. The Ma ment defeated, 3/4, division of show of hands: Ayes: Vanderhoef. Nays: Wilburn, O'Donnell, Champion. ~ll call vote unanimous on th, 7/0, all Council Members present. as presented. Moved by Wilburn Vanderhoef, 01-144, Bk. 125, p. 144, AUTHORIZING THE ;IGN CLERK TO ATTEST AN AMENDED CI AGREEMENT CITY OF CORALVILLE AND THE OF IOWA s, RDING RECONSTRUCTION OF FIRST AVENUE FROM ;LEAR CRf !K BRIDGE TO IMMEDIATELY SOUTH OF THE IOWA I VIADUCT. Individual Council Members expressed their views. resolution passed, 6/1, with the following division of roll pion, Lehman, Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner Vlayor declared the resolution adopted. Moved by Wilburn, seconded O'Donnell, to adopt RES. 01-145, Bk. 125, p. 145, ON UNCLASSIFIED SALARY ( PENSATION FOR FISCAL YEAR 2002 FOR THE CITY MANAGER ($129, CITY ATTORNEY ($52,041.60160%FTE]), AND ($67,100.80). Moved by Kanner, seconded by Pfab, to amend the raises for three Council employees equal the average ~ ~loyees at $1,996. The Mayor declared the amendment defeated, ,g voice vote: Ayes: Kanner. Nays: Champion, Lehman, Q'Don~ Pfab, Wilburn. The Mayor declared the original resolution adc division of roll call vote: Ayes: Champion, Lehman Vanderhoef, rn. Nays: Pfab, Kanner. Absent: None. Granada Ct., appeared nd suggested Iowa City be renamed "Garden ~n" and encouraged devek of alternative transportation in the city. Moved by ~ seconded by Champion, appoint Rick Spooner, 810 W. to the Housing and Community ~ment Commission for one vacancy for an ~ired term ending September 1, The Mayor declared the with the following division of voiceAyes: Kanner, Lehman, O'Donnell, V Wilburn, Champion. Nays: Pfab. None. The the current vacancies: Historic 'vation Commission - One vacar ! to fill a three-year term March 29, 2001 >.9, 2004 Brown Street ~. Deadline for application is 5:00 p.m., y, June 20, 2001. Advisory Committee - One vacancy for an Art sional to serve an unexpired term ending January 1,2003. Deadline for apl: 5:00 p.m., Wednesday, June 20, 2001. The Mayor noted the previously-announced vacancies: Board of Trustees - Three vacancies to fill three-year terms July 1,2001 1,2007. Complete Description May 15, 2001 Page 7 Deadline for application is 5:00 p.m., Wednesday, June 6. Planning & Zoning Commission - One vacancy for an unexpired term ending May 1,2002. Deadline for application is 5:00 p.m., Wednesday, May 30. Council Member Wilburn acknowledged that the letter carriers had collected 16 tons of food to feed the hungry last week-end. Council Member Vanderhoef requested that Council schedule a work session to discuss PIN grants and neighborhood association update. Council Member O'Donnell announced that KCJJ radio has raised $11,000 and collected 7,000 pounds of food for the Crisis Center; and acknowledged Mayor Lehman had spilled several gallons of pancake batter while helping at the Crisis Center breakfast. Council Member Wilburn stated his appreciation for all Council Members, County Supervisors, and State Senators and Representatives that helped at the Crisis Center breakfast. Council Member Champion requested that the two items concerning no parking on Willow Street and Union Rd. approved by Council at their May 1 meeting be placed back on the June 12 meeting for further discussion. A majority of Council agreed. Staff was directed not to install signage until the items can be scheduled. Council Member Vanderhoef requested that the traffic calming policy be scheduled for a future work session. Council Member Pfab read a statement concerning Bob Burns request to establish housing enterprise zones, and requested Council consideration by June 1. The Mayor noted staff was preparing information that would not be available until the second meeting in June. Majority of Council agreed to schedule for a June work session; requested staff explore re-installing the toddler swings that were taken out at the Highland/Keokuk Park, staff will follow up; requested staff explore making the southbound outer lane on Dubuque Street at the corner of Jefferson/Dubuque a turn or straight lane, staff will follow up; and requested an update of the school crosswalk at Weber School, the City Mgr. reported City crews would do the work next month and the School District had agreed to pay half the costs. Mayor Lehman announced that the Tower Place parking facility was now open; City employees had participated in a blood drive on May 3 which contributed 53 pints of blood; and thanked the City Manager, City Attorney and City Clerk for their efforts and stated Council's appreciation. City Attorney Dilkes reported that the denial of the liquor license for Et Cetera had been appealed to the state and the administrative law judge heard the case last week, and the administrative law judge has issued a proposed decision reversing the decision of the City Council. A memo will be prepared for Council discussion. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 9:15 p,m. The Mayor declared the motion carried unanimously, 7/ Coun~emb~ Ma~n~n K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/26/01 Iowa City City Council, special meeting, 5:00 P.M. at the Civic Center. Mayor Lehman pre- siding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef. Absent: Pfab, Wilburn. Moved and seconded to adopt RES. 01-104, SETTING A PUBLIC HEARING for May 1,2001 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LONGFELLOW / TWAIN PEDESTRIAN TUNNEL PROJECT NO. STP-E-3715(616)--SV-52), DIRECTING CITY CLERK TO PUB- LISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Moved and seconded to adjourn 5:02 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 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/30/01 Iowa City City Council, special meeting, 6:45 p.m. at the Civic Center. Mayor Leh- man presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent None. Moved and seconded to adjourn to executive session to consider a motion to ad- journ to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 7:25 p.m. The Mayor de- clared 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 Submi~d for publication - 5/9/01. Subject to change as finalized by the City Clerk. ~=or a final official copy, contact the City Clerk's office at 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 5/3/01 Iowa City City Council, special meeting, 9:00 a.m. at the Civic Center. Mayor Leh- man presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Moved and seconded to approve a a Class C liquor license for Downtown Iowa City Et Cetera, L.L.C., Herbert Kip Pohl and Ryaln Rooney representing Downtown Iowa City Et Cetera, LLC appeared. The Mayor declared the motion defeated. 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 ORD. 01-3966, REZONING 24 ACRES FROM 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 voted on for final passage at this time. The Mayor declared the mo- tion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded to adopt RES. 01-124, APPROVING THE AMENDED PRE- LIMINARY PLAT AND SENSITIVE AREAS OVERLAY PLAN OF THE PENINSULA NEIGHBORHOOD. Moved and seconded to adopt RES. 01-125, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE PENIN- SULA NEIGHBORHOOD AGREEMENT BETWEEN THE CITY OF IOWA CITY AND TERRY L. STAMPER HOLDINGS. L.L.C. Moved and seconded to adjourn 9:55 a.m. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor Submir et~d~r publication - 5/9/01 ~____f/lf~ ~~ ~ '1> ~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 5/8/01 Iowa City Council, special meeting, 8:00 a.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor announced that agenda items 3 & 4 would not be discussed until evaluations are completed and no earlier than 10:00 a.m. Moved and seconded to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to those individu- als' reputations and those individuals requested a closed session. The Mayor declared the motion carried. Council returned to open session 10:30 a.m. Moved and seconded to adopt RES. 01-126, INTENT TO CONVEY THE PROP- ERTY KNOWN AS PENINSULA NEIGHBORHOOD, FIRST ADDITION, IN IOWA CITY, IOWA, TO TERRY L. STAMPER HOLDINGS, L.L.C., AND SETTING A PUBLIC HEAR- ING ON SAID CONVEYANCE FOR MAY 15, 2001. The following people appeared: Mi- chael Gunn, Historic Preservation Chair; Atty. Joe Holland, South Linn Partnership. Moved and seconded to set a public hearing for June 12 on ordinance designating the Carnegie Library building located at the southeast corner of College and Linn Streets as an Iowa City historic landmark. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Michael Gunn representing the Historic Pres- ervation Commission (2), Christopher Johns, Katherine Tachau, Lisa Heineman, David Schoenbaum, Julie Berger Hochstrasser, Leslie Schwalm, Michael Buchler, Madeline Sullivan, Sue Hettmansperger, Lesley Menninger, Paula Brandt, Judith Pascoe, Perry Howell, Eric Gidal, Patrick Naick, and copies of letter to Planner McCafferty from the State Historical Society of Iowa, National Trust for Historic Preservation, and Midwest Of- fice of the National Trust for Historic Preservation. The Mayor declared the motion car- ried. Moved and seconded to adjourn 11:05 a.m. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk.; For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 5/1/01 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: 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 and seconded that the following items and recommendations in the Consent Calendar be received, or approved, 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 Outer Limits of Iowa City, 1910 S. Gilbert St. Class C Liquor License for Red Lobster#759, 1069 Hwy. 1 West. RES. 01-105, TO ISSUE CIGARETTE PERMITS for 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. Setting Public Hearings: RES. 01-106, 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: RES. 01-107, 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, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF 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, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK OfficialActions May 1,2001 Page 2 TO ATTEST THE RELEASE OF LIEN REGARDING TWO AMENDED MORTGAGES FOR THE PROPERTY LOCATED AT 531 CENTER STREET, IOWA CITY, IOWA. RES. 01-110, RESOLUTION NAMING DEPOSITORIES. RES. 01-111, ACCEPTING THE WORK 'FOR THE IOWA CITY LANDFILL GAS COLLECTION SYSTEM. RES. 01-112, 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 Nejghborhood 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. Shad 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 Avenu,e. Barbara DeVries - Lexington Avenue. Robert Burns - HOME/CDBG Funding. Anne Leserman and Steven Robbins - Lexington Avenue. William Talman - Lexington Avenue. Mark Young - Lexington Avenue. Chris Liebig - Lexington Avenue. The Mayor declared the motion carried. The following individuals appeared regarding closing of Lexington Avenue: James Petran, 410 Magowan; Diana Thomas, 350 Magowan; and Ribeiro de Oliveira, Magowan. James Clark, 111 Fairchild, and Michael Gunn, Historic Official Actions May 1,2001 Page 3 Preservation Chair, appeared regarding preserving the Old (Carnegie) Library. Atty. Jerry Crawford, 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 and seconded to accept the petition. The Mayor declared the motion carried. Ed Harney appeared regarding the installation of no parking signs on the 900 block of Willow. Moved and seconded to set a public hearing for May 15 on an ordinance changing the zoning designation from P, Public to CB-10, Central Business District for approximately 0.76 acres of property located south of Iowa Avenue between Linn and Gilbert Streets. The Mayor declared the motion carried. Moved and seconded 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 Central Business Support (CB-5) Zones. The Mayor declared the motion carried. 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. 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. Material was distributed from Atty. Gregg Geerdes representing the Elks. Moved and seconded 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. 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. Arty. Tom Hobart, representing Carousel Ford and Ken Williamson, appeared. Moved and seconded to continue the public hearing to June 12. The Mayor declared the motion carried. Moved and seconded 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 1, be deferred to June 12. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. Moved and Vanderhoef seconded that ORD. 01-3964, 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. Official Actions May 1,2001 Page 4 Moved and seconded to adopt a resolution approving the extraterritorial preliminary plat of Prairie Edge, Johnson County, Iowa. The Mayor declared the resolution defeated. Moved and seconded to adopt RES. 01-113, AMENDING THE COMPREHENSIVE PLAN, TO INCLUDE THE NORTH DISTRICT PLAN AS RECOMMENDED BY THE IOWA CITY PLANNING AND ZONING COMMISSION ON MARCH 15, 2001. A public hearing was held on a resolution amending the FY2001 Operating Budget. 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. Moved and seconded to adopt RES. 01-114, 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. 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.) Moved and seconded to adopt RES. 01-115, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $670,000 OF GENERAL OBLIGATION BONDS (for a general corporate purpose). 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). Moved and seconded to adopt RES. 01-116, 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). 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). Moved and seconded to adopt RES. 01-117, 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). 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). Moved and seconded to adopt RES. 01-118, 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). A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Foste,r 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. Moved and seconded to adopt RES. 01-119, 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. 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 Official Actions : May 1,2001 Page 5 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. Moved and seconded to adopt RES. 01-120, 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)--8~'-52], ESTABLISHING AMOUNT QF 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 ORD. 01-3965~ AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION I(B) TO INCREASE THE MAXIMUM CRIMINAL PENALTY FOR SIMPLE MISDEMEANORS TO $500 AS AUTHORIZED BY STATE CODE, be passed and adopted. 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 second vote. The Mayor declared the ordinance defeated. Moved and seconded 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 "Regul,ation 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-121, 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 PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORM WATER PROJECT. Moved and seconded to adopt RES. 01-122, 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 OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN, as amended. Moved and seconded 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. Bob Burns, architect and developer, appeared to encourage Council to consider the establishment of Housing Enterprise Zones. The Mayor declared the motion to amend carried. Moved and Official Actions May 1,2001 Page 6 seconded to accept correspondence from: Nancy Stensvaag, and Bob Burns. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-123, RATIFYING SETTLEMENT OF PENDING LITIGATION. 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. Moved and seconded to adjourn 10:20 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor Submitted for publication - 5/9/01 Subject to change as ~nalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 26, 2001 Iowa City City Council, special meeting, 5:00 P.M. at the Civic Center. Mayor Lehman 'pre- siding. Council Members present: Champion, Kanner i(arrived 5:01), Lehman, O'Donnell, Vander- hoef. Absent: Pfab, Wilburn. Staffmembers present: A, tkins, Karr. Council minutes tape recorded on Tape 01-46, Side 1. Moved by Champion, seconded by Vande~'hoef, to adopt RES. 01-104, Bk. 125, p. 104, SETTING A PUBLIC HEARING for May 1, 2001 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF CCiST FOR THE CONSTRUCTION OF THE LONGFELLOW / TWAIN PEDESTRIAN TUNNEL PROJECT NO. STP-E- 3715(616)--8V-52), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEAR- ING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Affirmative roll call vote unanimous, 5/0, Pfab and Wilburn ab- sent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adjourn 5:02 p.m. The Mayor de- clared the motion carried unanimously, 5/0, Pfab and Wilburn absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as ~nalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. COMPLETE DESCRIPTION COUNCIL ACTIVITIES APRIL 30, 2001 Iowa City City Council, special meeting, 6:45 p.m. at the Civic Center. Mayor Leh- man presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Council minutes tape recorded on Tape 0146, Side 2. Moved by Kanner, seconded by Wilbum, t0 adjourn to executive session to con- sider a motion to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of lJhe governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor de- clared the motion carried and adjourned into executive session at 6:45p.m. Council returned to open session 7:23 p.m. Moved by Pfab, seconded by Vanderhoef, to adjourn the special meeting at 7:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members pres- ent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 3, 2001 Iowa City City Council, special meeting, 9:00 a.m. at the Civic Center. Mayor Leh- man presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Staffmembers present: AtkJins, Holecek, Matthews, Winkelhake, Karr, Helling, Franklin. Council minutes tape recorded on Tape 01-51, Side 1. Moved by Champion, seconded by Wilbu~n, to approve a a Class C liquor license for Downtown Iowa City Et Cetera, L.L.C., dba E~. Herbert Kip Pohl and Ryan Rooney representing Downtown Iowa City Et Cetera, LLC appeared. Police Chief Winkelhake present for discussion. Individual Council Members expressed their views. The Mayor de- clared the motion defeated, 3/4, with the following division of voice vote: Ayes: Champion, O'Donnell, Vanderhoef. Nays: Kanner, Lehman, Wilburn, Pfab. Absent: None. 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 meet- ing at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 01-3966, Bk. 44, p. 12, REZONING 24 ACRES FROM PUBLIC TO SAO-5 SENSITIVE AREA OVERLAY AND AMENDING THE PRELIMINARY SAO PLAN OF THE PENINSULA NEIGHBORHOOD, AN 82.1 ACRE DEVELOPMENT LO- CATED AT THE WEST END OF FOSTER ROAD, be voted on for final passage at this time. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by O'Donnell, that the ordinance be adopted at this time. The Mayor declared the ordinance 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 Vanderhoef, seconded by O'Donnell, to adopt RES. 01-124, Bk. 125, p. 124, APPROVING THE AMENDED PRELIMINARY PLAT AND SENSITIVE AREAS OVERLAY PLAN OF THE PENINSULA NEIGHBORHOOD. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kanner, seconded by Champion, to adopt RES. 01-125, Bk. 125, p. 125, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE PENINSULA NEIGHBORHOOD AGREEMENT BE- TWEEN THE CITY OF IOWA CITY AND TERRY L. STAMPER HOLDINGS. L.L.C. Af- firmative roll call vote, 7/0, all Council Members present. The Mayor declared the resolu- tion adopted. Moved by Vanderhoef, seconded by Kanner to adjourn 9:55 a.m. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 8, 2001 Iowa City Council, special meeting, 8:00 a,m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, iKanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staffmembers present: Atkins, Helling, Holecek, Karr, McCafferty. Council minutes tape recorded on Tape 01-52, Side 1. The Mayor announced that agenda items 3 & 4 would not be discussed until evaluations are completed and no earlier than10,:00 a.m. Moved by Champion, seconded by Vanderhoef to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, perform- ance or discharge is being considered when necessary to prevent needless and irrepara- ble injury to those individuals' reputations and those individuals requested a closed ses- sion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 8:06 a.m. Council returned to open session 10:30 a.m. The Mayor reminded Council of the joint meeting with the Board of Supervisors and other area entities scheduled for 4:30 p.m. on May 10. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-126, Bk. 125, p. 126, INTENT TO CONVEY THE PROPERTY KNOWN AS PENINSULA NEIGHBOR- HOOD, FIRST ADDITION, IN IOWA CITY, IOWA, TO TERRY L. STAMPER HOLDINGS, L.L.C., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MAY 15, 2001. The following people appeared: Michael Gunn, Historic Preservation Chair; Atty. Joe Holland, South Linn Partnership. Asst. City Atty. Holecek present for discussion. Af- firmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to set a public hearing for June 12 on or- dinance designating the Carnegie Library building (old public library) located at the south- east corner of College and Linn Streets as an Iowa City historic landmark. The Mayor de- clared the motion carried, 6/1, with the following division of roll call vote: Ayes: Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Lehman. Moved by Champion, seconded by Pfab, to accept correspondence from: Michael Gunn representing the His- toric Preservation Commission (2), Christopher Johns, Katherine Tachau, Lisa Heineman, David Schoenbaum, Julie Berger Hochstrasser, Leslie Schwalm, Michael Buchler, Madeline Sullivan, Sue Hettmansperger, Lesley Menninger, Paula Brandt, Judith Pascoe, Perry Howell, Eric Gidal, Patrick Naick, and copies of letter to Planner McCafferty from the State Historical Society of Iowa, National Trust for Historic Preservation, and Midwest Office of the National Trust for Historic Preservation. The Mayor declared the motion cap ried, 7/0, all Council Members present. Moved by O'Donnell, seconded by Kanner, to adjourn 11:05 a.m. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk.i 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 recognizedL Moved by Vanderhoef, seconded by O'D0nnell, that the following items and recommendations in the Consent Calendar be received, or approved, 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 OF 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. Ranken - 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 Hadow - 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 Davisso,n 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. Jam,es 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 declaredthe motion carried. The following individuals appeared regarding closing of Lexington Avenue: James Petran, 410 Magowan; Diana Thomas, 350 Magowan; and Ribeiro de Oliveira, Magowan. James Clark, 111 Fairchild, and Michael Gunn, Historic Preservation Chair, appeared regarding preserving the Old (Carnegie) Library. Atty. Jerry Craw~ord, representing Herbert Kip Pohl, appeared regarding a Liquor License for Etc. Robynn Shrader, Weeber-Hadocke 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, a~l Council Members present. Ed Harney appeared regarding the installation of no parking signs on the 900 block of Willow. Moved by Vanderhoef, seconded by Wilbum, to set a public hearing for May 15 on an ordinance changing the zoning designation from P, Public to CB-10, Central 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'D0nnell, 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 Central Business Support (CB-5) Zones. The Mayor declared the motion carried, 7/0, all Coun,cil 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 Franklin 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 Arty. Gregg Geerdes representing the Elks. Moved by O'Donnell, seconded by Vande,rhoef, 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 consideration of the ordinance. 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). Arty. Tom Hobart, representing Carousel Ford and Ken Wililiamson, 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) ~o Intensive Commercial (C1-1) for approximately 12.09 acres located on the south side of Highway 1 (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 temporaW 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 Wilblurn, 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. BOWFRY 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 TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $670,000 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 $695,000 of general obligation bonds (for a general corporate purpose). No one appeared. Moved by Wilburn, seconded by O'Donneli, 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. Tlhe 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'Dor~nell, to adopt RES. 01-118, Bk. 125, p. 118, INSTITUTING PROCEEDINGS TQ 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. Tlhe 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 1 (B) TO INCREASE THE MAXIMUM CRIMINAL PENALTY FOR SIMPLE MISDEMEANORS TO $500 AS AUTHORIZED BY STATE CODE, be passed and adopted. Affirmative roll (;all 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/Investigatic~n 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 10wa 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, Va.nderhoef, 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 PROVIDE 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. 01-122, 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 OF 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 Foxbore (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, amhitect 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'Dolnnell, Vanderhoef. Nays; Kanner, Pfab. Absent: None. Affirmative roll call vote unanimous on the resolution as from: Nancy Stensvaag, and Bob Burns. The M~yor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, io 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 Histpric Preservation Commission to fill a three-year term Mamh 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. Staff will follow up.; noted May 4 as the 11 th 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 adjourn 10:20 p.m. The Mayor declared the motion carried unanimously, 7/0, al!l Council Members present. Ernest w. Lehman, Mayor Marian K. Karr, City Clerk