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HomeMy WebLinkAbout2001-07-10 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 JULY 10, 2001 Iowa City, City Council, special meeting 7:00 p.m. at the Civic Center, Mayor Lehman presiding. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, McGafferty. Council minutes tape recorded on Tape 01-70; Both Sides. Moved by Champion, seconded by O'Donnell, that the Consent Calendar be received, or approved, and/or adopted as amended. Council Member Kanner asked that consideration of the renewal of liquor licenses for Malone's and Vito's be removed for separate consideration. Approval of Official Council Actions for special meetings of June 25 and June 26, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Human Rights Commission - May 22. Iowa City Public Library - May 31. Iowa City Telecommunications Commission - May 30. Recommendation: Approve the cable television franchise transfer from AT&T to Mediacorn. Planning and Zoning Commission - May 17. Planning and Zoning Commission - June 7. Planning and Zoning Commission - June 21. Police Citizens Review Board - June 6. Police Citizens Review Board - June 20. Police Citizens Review Board - June 25 Recommendation: Accept PCRB Report on Complaint #01-01. Public Art Advisory Committee - June 14 Permit Motions and Resolutions as Recommended by the City Clerk. New. Special Class C Liquor License for Jeffrey L. Currie dba Lou Henri, 630 Iowa Ave. Renewals. Class E Liquor License for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. Class B Wine Permit for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. Class C Beer Permit for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. Class C Liquor License for Green Room, Inc., dba Green Room, 509 S. Gilbert St. RES. 01-192, Bk. 126, p. 126. TO ISSUE DANCING PERMIT for Green Room, Inc., dba Green Room, 509 S. Gilbert St.; Downtown Iowa City Entertainment, L.L.C., dba Malone's Irish Pub, 121 Iowa Ave. Class E Liquor License for American Drug Stores, Inc., dba Osco Drug #5078, 2426 Muscatine Avenue. Class B Wine Permit for American Drug Stores, Inc., dba Osco Drug #5078, 2426 Muscatine Ave. Class C Beer Permit for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave. RES. 01-193, Bk. 126, p. 193 TO ISSUE CIGARETTE PERMIT FOR AMERICAN DRUG STORES, INC., DBA OSCO DRUG #5078, 2426 MUSCATINE AVE. Setting Public Hearings: motion setting a public hearing for July 31 on an ordinance amending City Code 1-5-1 and 1-9-3 of the Code of Ordinances of Iowa City establishing the boundaries and precincts of the city council districts in Iowa City. RES. 01-194, Bk. 126, p. 194, FIXING TIME, DATE AND PLACE FOR HEARINGS ON PROPOSED CIVIL PENALTIES OF $300.00 AGAINST COLLEGE STREET NEWS, DEADWOOD TAVERN, GABE'S, PLAMOR BOWLING INC., AND WAL-MART (STORE NO. 1721 ). Resolutions, Bk. 126: RES. 01-195, p. 195, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND Complete Description July 10, 2001 Page 2 AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. RES. 01-196, p. 196, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 421 CRESTVIEW AVENUE, IOWA CITY, IOWA. RES. 01-197, p. 197, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 431 NORTH LUCAS STREET, IOWA CITY, IOWA. RES. 01-198, p. 198, ACCEPTING THE WORK FOR THE FOSTER ROAD AND MORMON TREK BOULEVARD LANDSCAPING PROJECT. RES. 01-199, p. 199, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING from Hemp Cat, 114 1/2 East College Street, pursuant to Iowa Code Section 453A.22(2) (2001). RES. 01-200, p. 200, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING from Gasby's, 1310 South Gilbert Street, pursuant to Iowa Code Section 453A.22(2) (2001). RES. 01-201, p. 201, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING from Suburban Amoco, 370 Scott Court, pursuant to Iowa Code Section 453A.22(2) (2001). Correspondence: Jim Barrett - sidewalk replacement assistance. Jim Barrett - Peninsula financing. Sara Putney - smoking. Eileen Fisher - smoking. Justine Zimmer - Englert Theatre. David Conley - tenant payment history. Randall Bremner - faith based initiative. Lisa Cochrane - age limit for bar entry. Kathy Johnson - age limit for bar entry. Loretta Gronewold - practice. JCCOG Traffic Engineering Planner: Addition of 15 MIN LIMIT to current loading zone signs located on Jefferson Street in front of Seashore Hall. Change eight parking meters in the 400 Block of College Street from 30 minutes to 2-hour terms. Public Access TV - purchase of building. Terry L. Stamper - peninsula neighborhood. Irvin Pfab - welfare law heightens need for child care. Council Member Kanner noted the setting of hearings related to establishments selling cigarettes to under age; and a hearing on new voting boundaries and precincts; and requested a response to Loretta Gronewold concerning her letter of reserve practice training near the airport. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Pfab, to approve the Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 116 E. College St. and Class C Liquor License for Downtown Iowa City Entertainment, L.L.C., dba Malone's Irish Pub, 121 Iowa Ave. Individual Council Members expressed their views. Moved by Kanner, seconded by Pfab, to defer consideration until July 31 to allow for further investigation. The Mayor declared the motion to defer defeated, 2/5, with the following show of hands: Ayes: Kanner, Pfab. Nays: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. The Mayor declared the motion to approve carried unanimously, 7/0, all Council Members present. The Mayor noted this was the last meeting for departing Gazette report Nathan Hill and wished him well as he attends graduate school in Massachusetts. Becky Soglin, Sheridan Avenue, representing Environmental Advocates and Iowa Wetlands In Need (IWIN), read a statement requesting a change in the Sensitive Areas Ordinance to protect isolated wetlands. Moved by Wilburn, Complete Description July 10, 2001 Page 3 seconded by Vanderhoef, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. PCD Director Franklin present for discussion. Staff was directed to prepared an update on the matter for the next agenda. John Fitzpatrick, 721 N. Linn Street, appeared regarding the traffic calming request from the Northside Neighborhood Association for the alley in Block 73. Dawn Mueller, PO Box 1654, asked the Council to consider the number of children in the area surrounding Block 73; and raised concerns regarding humps or bumps being installed in the alley with bicyclists. Caroline Dieterie, 727 Walnut Street, appeared regarding bonds for ACT; Peninsula Development; and PATV request for $125,000. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for July 31 on a resolution approving the annexation of approximately 26.88 acres of property located south and east of Scott Boulevard and Rochester Avenue, and 6.25 acres of property located east of Scott Boulevard and south of Lower West Branch Road (Plum Grove Acres). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for July 31 on an ordinance to rezone approximately 38.24 acres from Low Density Single Family, RS-5, County Highway Commercial, CH, County Local Commercial, C1 and County Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres), Medium Density Single Family, RS-8 (21 acres), and Low Density Single Family, RS-5 (6.25 acres) for property located east of Scott Boulevard and south of Rochester Avenue and Lower West Branch Road (Plum Grove Acres). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, to set a public hearing for July 31 on a resolution approving the annexation of approximately 95.2 acres of property located north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane / Scott Park Drive, and approximately 10 acres of property located south of Lower West Branch Road and east of Hummingbird Lane (Southgate Development). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for July 31 on an ordinance to rezone approximately 105.2 acres of property from, Suburban Residential, County RS, to Low Density Single Family, RS-5 (45.08 acres) and Medium Density Single Family, RS-8 (60.13 acres), for property located north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane (Southgate Development). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Zoning Code, Section 14-6E-8 Central Business Zone, to allow dwellings on or below the ground floor of Historic Landmark Buildings by special exception. Moved by Vanderhoef, seconded by O'Donnell to continue public hearing to July 31. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by O'Donnell, to defer to July 31, an ordinance amending the Zoning Code, Section 14-6E-8 Central Business Zone, to allow dwellings on or below the ground floor of Historic Landmark Buildings by special exception. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning code by amending the Planned Development Housing Overlay, QPDH-8, plan Complete Description July 10, 2001 Page 4 for Arbor Hill, an 8.2 acre 17-unit residential development, located north of Washington Street on Arbor Hill Circle, be given second vote. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to defer to July 31, an ordinance changing the zoning designation from General Industrial (I-1) to Intensive Commercial (C1-1) for approximately 12.09 acres (Ruppert) located on the south side of Highway 1. PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 01-3973, Bk. 44, p. 19, 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 (CBo5) AND THE CENTRAL BUSINESS ZONE (CB-10) (Tower Place), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, that the ORD. 01-3974, Bk. 44, p. 20, CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 0.83 ACRES FROM PUBLIC (P) TO CENTRAL BUSINESS (CB-10) LOCATED SOUTH OF IOWA AVENUE BETWEEN LINN STREET AND GILBERT STREET (Tower Place), 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 Pfab, that the ORD. 01-3975, Bk. 44, p. 21, VACATING AN UNDEVELOPED PORTION OF WOOLF AVENUE FROM MCLEAN STREET SOUTH FOR A DISTANCE OF 240 FEET, be passed and adopted. Individual Council Members expressed their views. PCD Director Franklin present for discussion. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Pfab, Kanner. Absent: None. A public hearing was held on conveyance of auditor's parcel no. 2000121 to ACT, Inc. in exchange for the conveyance of auditor's parcel no. 2000122 to City by ACT, Inc. No one appeared. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-202, Bk. 126, p. 202, AUTHORIZING CONVEYANCE OF AUDITOR'S PARCEL NO. 2000121 TO ACT INC. IN EXCHANGE FOR THE CONVEYANCE QF AUDITOR'S PARCEL NO. 2000122 TO CITY BY ACT, INC. 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 reconstruction of the City Park trails, 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 Champion, seconded by Wilburn, to adopt RES. 01-203, Bk. 126, p. 203, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of Hunters Run Park, establishing amount of bid Complete Description July 10, 2001 Page 5 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 O'Donnell, to adopt RES. 01-204, Bk. 126, p. 204, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF HUNTER'S RUN PARK PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, that the 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 water service and fees in Iowa City, Iowa, be given first vote. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, that ORD. 01-3976, Bk. 44, p. 22, AMENDING TITLE 8, CHAPTER 8 OF THE CITY CODE ENTITLED "POLICE CITIZENS REVIEW BOARD" TO DISTINGUISH, IN ACCORDANCE WITH ACTUAL PRACTICE, BETWEEN COMPLAINTS MADE TO THE BOARD AND COMPLAINTS MADE TO THE IOWA CITY POLICE DEPARTMENT, TO ALLOW THE BOARD TO COMMENT ON OFFICER ACTION AND POLICE PRACTICES, PROCEDURES AND WRITTEN POLICIES REGARDING AN INCIDENT NOTWITHSTANDING ITS AFFIRMANCE OF THE POLICE CHIEF OR CITY MANAGER'S REPORT IN ACCORDANCE WITH THE REASONABLE BASIS STANDARD OF REVIEW, AND ALLOWING THE BOARD TO REQUEST THAT THE CITY COUNCIL HOLD GENERAL INFORMATIONAL HEARINGS REGARDING PC)LICE ACTIVITIES, be passed and adopted. Individual Council Members expressed their views. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Wilburn, Champion, Kanner. Nays: Vanderhoef. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 01-3977, Bk. 44, p. 23, 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, 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 Pfab, to adopt RES. 01-205, Bk. 126, p. 126, APPROVING AN INVITATION TO SELECTED ARTISTS FOR THE IOWA SCULPTOR'S SHOWCASE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Champion, to adopt RES. 01-206, Bk. 126, p. 206, AUTHC)RIZING THE MAYOR TC) SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE C)F PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND KLDP INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAF~. Dawn Mueller, PO Box 1654, raised concerned regarding the 8 foot minimum walkway requirement. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Champion, to adopt RES. 01-207, Bk. 126, p. 126, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY Complete Description July 10, 2001 Page 6 CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK PARKING LOT RESURFACING PROJECT to L.L. Pelling Co., Iowa City for $227,316.50. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, Q'Donnell, Pfab. Nays: Kanner. Absent: None. Moved by Champion, seconded by O'Donnell to adopt RES. 01-208, Bk. 126, p. 208, INTENT TO CONVEY AN UNDEVELOPED P(:)RTION OF WOOLF AVENUE FROM MCLEAN STREET SOUTH FOR A DISTANCE OF 240 FEET TO CRAIG SYROP, ANNE SADLER, M. ALICE SAHS, AND MARITA MCGURK EICHER, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JULY 31,2001. 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. 01-209, Bk. 126, p. 126, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1605 DICKENSON LANE AND SETTING A PUBLIC HEARING FOR JULY 31,2001. 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. 01-210, Bk. 126, p. 210, AMENDING THE BUDGETED POSITIONS IN THE CITY CLERK'S OFFICE AND THE CONFIDENTIAL/ADMINISTRATIVE PAY PLAN BY DELETING THE POSITION OF ASSISTANT TO THE POLICE CITIZENS REVIEW BOARD (PCRB). Individual Council Members expressed their views. Moved by Kanner, seconded by Champion, to defer consideration until July 31. The Mayor declared the motion to defer defeated, 1/6, with the following show of hands: Ayes: Kanner. Nays: Champion, Lehman, O'Donneli, Pfab, Vanderhoef, Wilburn. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Champion, to adopt RES. 01-211, Bk. 126, p. 211, REGARDING THE ISSUANCE OF NOT TO EXCEED $40,000,000 IN AGGREGATE PRINCIPAL AMOUNT QF REVENUE BONDS (ACT, INC. PROJECT) OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND DECLARING AN OFFICIAL INTENT TO REIMBURSE. Caroline Dieterie, 727 Walnut Street, appeared. Individual Council Members expressed their views. 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. 01-212, Bk. 126, p. 126, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GUARANTY AND SHORT-TERM FINANCING AGREEMENT BETWEEN THE CITY OF IOWA CITY, TERRY L. STAMPER HOLDINGS, L.L.C., AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION. Individual Council Members expressed their views. Dawn Mueller, PO Box 1654, appeared. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: O'Donnell, Kanner. Absent: None. Moved by Pfab, seconded by Champion, to appoint Council Member Mike O'Donnell, to the S.E.A.T.S. Para-Transit Advisory Committee (for a term star~ing July 1,2001 and ending June 30, 2003). The Mayor declared the motion carried, 7/0, all Council Members present. Complete Description July 10, 2001 Page 7 The Mayor noted the previously-announced vacancies: Housing and Community Development - Three vacancies to fill a three-year term September 1, 2001 - September 1,2004. Deadline for application is 5:00 p.m., Wednesday, July 25, 2001 .; Human Rights Commission - One vacancy to fill an unexpired term ending January 1, 2003. Deadline for application is 5:00 p.m., Wednesday, July 25, 2001 .;Police Citizens Review Board - Two vacancies to fill a four-year term September 1,2001 - September 1, 2005 Deadline for application is 5:00 p.m., Wednesday, July 25, 2001 .; Parks and Recreation Commission - One vacancy to fill an unexpired term ending January 1, 2002 in addition to a four-year term January 1, 2002 - January 1,2006. Deadline for application is 5:00 p.m., Wednesday, August 15, 2001. Council Member O'Donnell acknowledged the great 4th Of JUly celebrations that occurred in Coralville and Iowa City. Council Member Wilbum reminded citizens of the Movies in the Park sponsored by the Weatherby Neighborhood Association on July 21 and August 11. Council Member Kanner noted his appreciation of all the trees in the community and acknowledged City efforts to maintain them; requested staff prepare a resolution formalizing Council policy to allow anyone to come and speak on any issue on the agenda, majority of Council directed staff to prepare a resolution; noted the notice from the League that they were using monies left over from Coralville litigation to draft right of way ordinance and questioned City participation, staff will follow up; and questioned the June 25 work session minutes which regarding Dubuque Street parking meter enforcement, majority of Council agreed to the statement contained in the minutes. Dawn Mueller, PO Box 1654, requested an update on the Latino American Cultural Center and the gentleman who appeared regarding its closure at the last formal meeting. City Mgr. Arkins stated a packet of information had been prepared and that Vice President Jones had confirmed the Center would not be closed. Mayor Lehman reported on a meeting he attended with various County representatives on the jail, and would keep Council informed. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 9:20 p.m. The Mayor declared the motion carried unanimously, 7/ Coun~.~eT~ ~ma~, Mayor I07-10-01 Subject lo change as finalized by the City Clerk. For a fina{ official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceedings and ciaims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 6/25/01 Iowa City City Council special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Moved and seconded that ordinance changing the zoning designation by designating the property located at 307 East College Street (Old Carnegie Public Library) at the southeast corner of College and Linn Streets as an Iowa City Historic Landmark, be given first vote. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 6:35 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor Submitted for publication - 7/3/01. 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 - 6/26/01 Iowa City City Council, special meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor read a proclamation renaming the Council Chambers "Emma J. Harvat Hall", Karen Kubby representing the Project Committee, accepted and introduced local artist Kathleen Rush to unveil the Harvat painting that will hang in the Hall. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the special meetings of June 11 and June 12, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Commission - May 22. Iowa City Airport Commission - May 10. Planning and Zoning Commission - June 7. Public Art Advisory Committee - May 3. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Beer Permit for The Old Market Place, 1963 Broadway St. Renewals: Class C Beer Permit for Gasby's East, 2303 Muscatine Ave. Class B Beer Permit for Pizza Hut ~4358, 1921 Keokuk St. Class C Beer Permit for John's Grocery, Inc., 401 E. Market St. Class B Wine Permit for John's Grocery, Inc., 401 E. Market St. Class B Liquor License for Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for Sheraton Iowa City, 210 S. Dubuque St. Class C Beer Permit for Hartig Drug Store #10,701 Mormon Trek Blvd. Class B Wine Permit for Hartig Drug Store #10, 701 Mormon Trek BIvd. Class E Liquor License Hartig Drug Store #10, 701 Mormon Trek Blvd. Class C Liquor License for Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy. 1 West. Class C Liquor License for American Legion Roy L. Chopek Post #17,3016 Muscatine Ave. Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Hwy. 6 East. RES. 01-171, TO ISSUE DANCING PERMIT for Etc., 118 S. Dubuque St.(New); Sheraton Iowa City, 210 S. Dubuque St.(Renewal); Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy. 1 West (Renewal). RES. 01-172, TO ISSUE CIGARETTE PERMITS. Motions: Approve disbursements in the amount of $17,935,061.20 for the period of May 1 through May 31,2001, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 01-173, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS, 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. RES. 01-174, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF HUNTERS RUN PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, Official Actions June 26, 2001 Page 2 AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 01-175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AMERICAN RESIDENTIAL FUNDING, MT. VERNON, IOWA FOR PROPERTY LOCATED AT 424 NORTH VAN BUREN STREET, IOWA CITY, IOWA. RES. 01-176, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1726 DOVER STREET, IOWA CITY, IOWA. RES. 01-177, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING from A & J Mini Mart. Correspondence. Rod Sullivan (The Arc of JC) - Longfellow pedestrian tunnel Michael Lehman (JC Board of Supervisors) - annexation. Jeffrey Portman (Agudas Achim Congregation) - Saturday parking. SL Westcott - smoking. Judy Young - smoking. John Hayek - Kimball Road. Lynn Whisler - Mercy Hospital private parking in right-of-way. Andrea Keech's SE Junior High Class (22 letters available for review in the City Clerk's Office) - visit to PATV. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Charity Rowley, Senior Center Commissioner, updated Council on activities at the Center. Dan Ramsey, CAFI~, thanked the City and County for their support in issuing fines to retailers for selling cigarettes to minors. Eric Baca appeared with concerns regarding the University decision to tear down the Latin Native American Cultural Center located at 308 Melrose Avenue. A public hearing was held on an ordinance changing the zoning code by amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill, an 8.2 acre 17-unit residential development, located north of Washington Street on Arbor Hill Circle. The following individuals appeared: Jim McCarrigher, 103 Bowling Green Place and Larry Schnittjer, MMS Consultants. Moved and seconded that the ordinance changing the zoning code by amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill, an 8.2 acre 17-unit residential development, located north of Washington Street on Arbor Hill Circle, be given first vote. The Mayor declared the motion carried. 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. 01-3969, AMENDING THE ZONING CHAPTER BY DESIGNATING 307 EAST COLLEGE STREET (OLD CARNEGIE PUBLIC LIBRARY) AT THE SOUTHEAST CORNER OF COLLEGE AND LINN STREETS AS AN IOWA CITY HISTORIC LANDMARK, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. 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. 01-3970, VACATING THE RIGHT-OF-WAY OF THE PORTION OF HEMINGWAY LANE LOCATED WEST OF RUSSELL DRIVE, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Official Actions June 26, 2001 Page 3 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 given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation of approximately 0.83 acres from public (P) to Central Business (CB-10) located south of Iowa Avenue between Linn Street and Gilbert Street, be given second vote. The Mayor declared the motion carried. Moved and seconded that the 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), be given second vote. The Mayor declared the motion carried. Moved and seconded that ORD. 01-3971, AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION FOR APPROXIMATELY 35.15 ACRES LOCATED AT THE NORTH TERMINUS OF KENNEDY PARKWAY BY APPROVING AN AMENDED SENSITIVE AREAS OVERLAY DEVELOPMENT (OSA-1) PLAN FOR PARTS 8, 9, AND 10 OF WALNUT RIDGE, IOWA CITY, IOWA be passed and adopted. Moved and seconded to adopt RES. 01-178, APPROVING THE AMENDED PRELIMINARY PLAT OF WALNUT RIDGE PARTS 9 AND 10, IOWA CITY, IOWA. Moved and seconded to adopt RES. 01-179, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF WHITE BARN ESTATES, JOHNSON COUNTY, IOWA. Moved and seconded to set a public hearing for July 10 on an ordinance amending the zoning code, Section 14-6E-8 Central Business Zone, to allow dwellings on or below the ground floor of Historic Landmark Buildings by special exception. The Mayor declared the motion carried. A public hearing was held 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 water service and fees in Iowa City, Iowa. A public hearing was held on resolution approving plans, specifications, form of contract and estimate of cost for the construction of the Iowa City Skate Park, 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. 01-180, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SKATE PARK 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 a resolution authorizing conveyance of the portion of Hemingway Lane located west of Russell Drive to Steve Kohli Construction, L.C. Moved and seconded to adopt RES. 01-181, AUTHORIZING CONVEYANCE OF THE PORTION OF HEMINGWAY LANE LOCATED WEST OF RUSSELL DRIVE TO STEVE KOHLI CONSTRUCTION, L.C. Moved and seconded that the ordinance amending Title 8, Chapter 8 of the City Code entitled "Police Citizens Review Board" to distinguish, in accordance with actual practice, between complaints made to the board and complaints made to the Official Actions June 26, 2001 Page 4 Iowa City Police Department, to allow the board to comment on officer action and police practices, procedures, and written policies regarding an incident notwithstanding its affirmance of the Police Chief or City Manager's report in accordance with the reasonable basis standard of review, and allowing the Board to request that the City Council hold, general informational hearings regarding police activities, be given first vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence by John Watson. The Mayor declared the motion carried. 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. 01-3972, AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE PARKING FEES IN IOWA CITY, IOWA, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded that the 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, be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-182, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT WITH MIDAMERICAN SERVICES FOR THE FINANCING OF GREEN LED TRAFFIC SIGNAL EQUIPMENT. Moved and seconded to adopt RES. 01-183, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PENINSULA NEIGHBORHOOD FIRST ADDITION SHORT-TERM FINANCING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND TERRY L. STAMPER HOLDINGS, L.L.C. The following individuals appeared: George E. Thompson III, 243 Hutchinson; Terry Stareper, 1217 Lewis Place; Kevin Hochstedler, Vice President Home Builders Association; Rob Phipps, Legislative Committee Chair, Home Builders Association; Boy Crosby, second Vice President, Home Builders Association; Gary Werle, President, Home Builders Association; Atty. Tom Gelman, representing Charles Sodergren; and Dawn Mueller. Moved and seconded to accept correspondence from Gary Werle and Jim Barrett. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-184, APPROVING THE EXTERIOR SIGNAGE AND FACADE TO DIAMOND DAVE'S IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Moved and seconded to adopt RES. 01-185, APPROVING EXTERIOR SIGNAGE AND FA(pADE TO F.I.T ZONE IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Moved and seconded to adopt RES. 01-186, APPROVING EXTERIOR DESIGN AND AWNING TO THE ICE CREAM SHOP IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Moved and seconded to adopt RES. 01-187, APPROVING EXTERIOR SIGNAGE TO PLANET X IN THE OLD CAPITOL TOWN CENTER ON 201 S. CLINTON STREET. Moved and seconded to adopt RES. 01-188, APPROVING THE EXTERIOR SIGNAGE AND AWNING FOR COUNCIL TRAVEL ON 116 S. LINN STREET. Moved and seconded to adopt RES. 01-189, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF Official Actions June 26, 2001 Page 5 TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 2001 THROUGH JUNE 30, 2003. Moved and seconded to adopt RES. 01-190, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SECOND AMENDMENT TO THE AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND ACT INC., (FORMERLY THE AMERICAN COLLEGE TESTING PROGRAM, INC.) CONCERNING ACT INC.'S MASTER DEVELOPMENT PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY. Moved and seconded to adopt RES. 01-191, OF INTENT TO CONVEY AUDITOR'S PARCEL NO. 2000121 TO ACT, INC. IN EXCHANGE FOR THE CONVEYANCE OF AUDITOR'S PARCEL NO. 2000122 TO CITY BY ACT, INC., AND SETTING A PUBLIC HEARING FOR JULY 10, 2001. The Mayor noted the current vacancy: Parks and Recreation Commission - One vacancy to fill an unexpired term ending January 1,2002 in addition to a four- year term January 1,2002 - January 1,2006. Deadline for application is 5:00 p.m., Wednesday, August 15, 2001. The Mayor noted the previously-announced vacancies: Housing and Community Development - Three vacancies to fill a three-year term September 1, 2001 - September 1, 2004. Deadline for application is 5:00 p.m., Wednesday, July 25, 2001 .Human Rights Commission - One vacancy to fill an unexpired term ending January 1, 2003 Deadline for application is 5:00 p.m., Wednesday, July 25, 2001 Police Citizens Review Board - Two vacancies to fill a four-year term September 1, 2001 - September 1, 2005. Deadline for application is 5:00 p.m., Wednesday, July 25, 2001. Moved and seconded to appoint James Ponto, 618 Brown Street to the Historic Preservation Commission to fill a three-year term March 29, 2001 - March tH 29, 2004; and appoint Charles Felling, 825 S 7 Avenue to the Public Arts Advisory Committee to serve an unexpired term ending January 1,2003. The Mayor declared the motion carried. Moved and seconded to adjourn 10:50 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 Submi~eT)~for publication - 7/ 1. 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 JUNE 25, 2001 Iowa City City Council special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Council minutes tape recorded on Tape 01-62, Side 1. Moved by Champion, seconded by O'Donnell, that ordinance changing the zoning designation by designating the property located at 307 East College Street (Old Carnegie Public Library) at the southeast corner of College and Linn Streets as an Iowa City Historic Landmark, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kanner, seconded by Vanderhoef, to adjourn the special meeting at 6:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk 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 JUNE 26, 2001 Iowa City City Council, special meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staffmembers present: Atkins, Helling, Holecek, Karr, Franklin, McCafferty, Moreno, Schmadeke, Fowler, Amin. Council minutes tape recorded on Tape 01-65, Both Sides; Tape 01-66, Both Sides. The Mayor read a proclamation renaming the Council Chambers "Emma J. Harvat Hall", Karen Kubby representing the Project Committee, accepted and introduced local artist Kathleen Rush to unveil the Harvat painting that will hang in the Hall. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for the special meetings of June 11 and June 12, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Commission - May 22. Iowa City Airport Commission - May 10. Planning and Zoning Commission - June 7. Public Art Advisory Committee - May 3. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Beer Permit for The Old Market Place, Inc., dba The Old Market Place, 1963 Broadway St. Renewals: Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave. Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1921 Keokuk St. Class C Beer Permit for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. Class B Wine Permit for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. Class B Liquor License for MIP Lessee, L. P., dba Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for MIP Lessee, L.P., dba Sheraton Iowa City, 210 S. Dubuque St. Class C Beer Permit for Hartig Drug Company, Inc., dba Hartig Drug Store #10,701 Mormon Trek Blvd. Class B Wine Permit for Hartig Drug Company, Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. Class E Liquor License for Hartig Drug Company, Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. Class C Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy. 1 West. Class C Liquor License for Roy L. Chopek/VValter L. "Bud" Ott, Post #17 Department of Iowa dba American Legion Roy L. Chopek Post #17,3016 Muscatine Ave. Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars of the United States dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Hwy. 6 East. RES. 01-171, Bk. 125, p. 171, TO ISSUE DANCING PERMIT for Downtown Iowa City Et Cetera, LLC, dba Etc., 118 S. Dubuque St.(New); MIP Lessee, L.P., dba Sheraton Iowa City, 210 S. Dubuque St.(Renewal); Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy. 1 West (Renewal). RES. 01-172, Bk. 125, p. 172, TO ISSUE CIGARETTE PERMITS. Motions: Approve disbursements in the amount of $17,935,061.20 for the period of May 1 through May 31,2001, as recommended by the Finance Director subject to audit. Complete Description June 26,2001 Page 2 Setting Public Hearings, Bk. 125: RES. 01-173, p, 173, SETTING A PUBLIC HEARING for July 10 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS, 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. RES. 01-174, p. 174, SETTING A PUBLIC HEARING for July 10 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF HUNTERS RUN PARK, 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. Resolutions, Bk. 125: RES. 01-175, p.175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AMERICAN RESIDENTIAL FUNDING, MT. VERNON, IOWA FOR PROPERTY LOCATED AT 424 NORTH VAN BUREN STREET, IOWA CITY, IOWA. RES. 01-176, p. 176, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE QF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1726 DOVER STREET, 10WA CITY, IOWA. RES. 01-177, p. 177, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING from A & J Mini Mart, 2153 ACT Circle, pursuant to Iowa Code Section 453A.22(2) (2001). Correspondence. Rod Sullivan (The Arc of JC) - Longfellow pedestrian tunnel [City Manager response included in Council packet]. Michael Lehman (JC Board of Supervisors) - annexation. Jeffrey Podman (Agudas Achim Congregation) - Saturday parking. SL Westcott - smoking. Judy Young - smoking. John Hayek - Kimball Road. Lynn Whisler - Mercy Hospital private parking in right-of-way. Andrea Keech's SE Junior High Class (22 letters available for review in the City Clerk's Office) - visit to PATV. Council Member Kanner noted the number of police visits and charges filed for possession under legal age for the establishments requesting liquor license approval; encouraged more attention to renewals of cigarette permits; and noted the first $300 fine being accepted for selling cigarettes to underage persons as part of the enforcement methods. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Charity Rowley, Senior Center Commissioner, updated Council on activities at the Center. Dan Ramsey, CAF~, thanked the City and County for their support in issuing fines to retailers for selling cigarettes to minors. Eric Baca appeared with concerns regarding the University decision to tear down the Latin Native American Cultural Center located at 308 Melrose Avenue. Staff will provide information on the Center. A public hearing was held on an ordinance changing the zoning code by amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill, an 8.2 acre 17-unit residential development, located north of Washington Street on Arbor Hill Circle. The following individuals appeared: Jim McCarrigher, 103 Bowling Green Place and Larry Schnittjer, MMS Consultants. PCD Director Franklin present for discussion. Complete Description June 26, 2001 Page 3 Moved by Wilburn, seconded by Vanderhoef, that the ordinance changing the zoning code by amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill, an 8.2 acre 17-unit residential development, located north of Washington Street on Arbor Hill Circle, be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab. Moved by Wilburn, seconded by Champion, 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. 01-3969, Bk. 44, p. 15, AMENDING THE ZONING CHAPTER BY DESIGNATING 307 EAST COLLEGE STREET (OLD CARNEGIE PUBLIC LIBRARY) AT THE SOUTHEAST CORNER OF COLLEGE AND LINN STREETS AS AN IOWA CITY HISTORIC LANDMARK, 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: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by O'Donnell, that the ordinance be adopted at this time. The Mayor declared the motion carried, 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 ordinance adopted. Moved by Vanderhoef, seconded by Champion, 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. 01-3970, Bk. 44, p. 16, VACATING THE RIGHT-OF-WAY OF THE PORTION OF HEMINGWAY LANE LOCATED WEST OF RUSSELL DRIVE, 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: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. Moved by Vandehoef, seconded by O'Donnell, that the ordinance be adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Champion, that the ordinance changing the zoning designation (Ruppert) from General Industrial (I-1) to Intensive Commercial (C1-1) for approximately 12.09 acres located on the south side of Highway 1, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, that the ordinance changing the zoning designation (Tower Place) of approximately 0.83 acres from public (P) to Central Business (CB-10) located south of Iowa Avenue between Linn Street and Gilbert Street, 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 Champion, that the 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 (Tower Place) Central Business Support Zone (CB-5) and the Central Business Zone (CB-10), 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, that ORD. 01-3971, Bk. 44, p. 17, AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION FOR APPROXIMATELY 35.15 ACRES LOCATED AT THE NORTH Complete Description June 26, 2001 Page 4 TERMINUS OF KENNEDY PARKWAY BY APPROVING AN AMENDED SENSITIVE AREAS OVERLAY DEVELOPMENT (OSA-1) PLAN FOR PARTS 8, 9, AND 10 OF WALNUT RIDGE, IOWA CITY, IOWA, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner, Pfab. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-178, Bk. 125, p. 178, APPROVING THE AMENDED PRELIMINARY PLAT OF WALNUT RIDGE PARTS 9 AND 10, IOWA CITY, IOWA. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Pfab, Kanner. Absent: None. Moved by Pfab, seconded by Champion, to adopt RES. 01-179, Bk. 125, p. 179, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF WHITE BARN ESTATES, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell to set a public hearing for July 10 on an ordinance amending the zoning code, Section 14-6E-8 Central Business Zone, to allow dwellings on or below the ground floor of Historic Landmark Buildings by special exception. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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 water service and fees in Iowa City, Iowa. Water Supt. Moreno present for discussion. A public hearing was held on resolution approving plans, specifications, form of contract and estimate of cost for the construction of the Iowa City Skate Park, 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 O'Donnell, to adopt RES. 01-180, Bk. 125, p. 180, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SKATE PARK PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of the portion of Hemingway Lane located west of Russell Drive to Steve Kohli Construction, L.C. No one appeared. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 01-181, Bk. 125, p. 181, AUTHORIZING CONVEYANCE OF THE PORTION OF HEMINGWAY LANE LOCATED WEST OF RUSSELL DRIVE TO STEVE KOHLI CONSTRUCTION, L.C. Asst. City Atty. Holecek present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilbum, seconded by Champion, that the ordinance amending Title 8, Chapter 8 of the City Code entitled "Police Citizens Review Board" to distinguish, in accordance with actual practice, between complaints made to the board and complaints made to the Iowa City Police Department, to allow the board to comment on officer action and police practices, procedures, and written policies regarding an Complete Description June 26, 2001 Page 5 incident notwithstanding its affirmance of the Police Chief or City Manager's report in accordance with the reasonable basis standard of review, and allowing the Board to request that the City Council hold, general informational hearings regarding police activities, be given first vote. Moved by Vanderhoef, seconded by O'Donnell, to amend the ordinance by removing the review of police policies, practices, and procedures from the purview of the Board and that they remain at the direction only of the City Council, City Manager or Police Chief. Individual Council Members expressed their views. The Mayor declared the amendment defeated, 3/4, with the following division of voice vote: Ayes: Vanderhoef, O'Donnell, Lehman. Nays: Kanner, Wilburn, Champion, Pfab. Carol de Prosse appeared. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Kanner, Lehman, O'Donnell, Wilburn, Champion. Nays: Pfab, Vanderhoef. Absent: None. Moved by O'Donnell, seconded by Wilburn, to accept correspondence by John Watson. The Mayor declared the motion carried unanimously, 7/0, all Council members present. Moved by Wilburn, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 01-3972, Bk. 44 p. 18, AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE PARKING FEES IN IOWA CITY, IOWA, be voted on for final passage at this time. Parking and Transit Director Fowler present for discussion. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by O'Donnell, 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: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Champion, that the 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, 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. 01-182, Bk. 125, p. 182, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT WITH MIDAMERICAN SERVICES FOR THE FINANCING OF GREEN LED TRAFFIC SIGNAL EQUIPMENT. Individual Council Members expressed their views. 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. 01-183, Bk. 125, p. 183, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PENINSULA NEIGHBORHOOD FIRST ADDITION SHORT-TERM FINANCING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND TERRY L. STAMPER HOLDINGS, L.L.C. Moved by Vanderhoef, seconded by Champion, to amend page one, B. Line if Credit, Eligible Expenses, and Method of Access/Payment, first paragraph, to insert "only the expenses incurred after the execution of this contract". The following individuals appeared: George E. Thompson III, 243 Hutchinson; Terry Stamper, 1217 Lewis Place; Kevin Hochstedler, Vice President Home Builders Complete Description June 26, 2001 Page 6 Association; Rob Phipps, Legislative Committee Chair, Home Builders Association; Boy Crosby, second Vice President, Home Builders Association; Gary Wede, President, Home Builders Association; Atty. Tom Gelman, representing Charles Sodergren; and Dawn Mueller. Individual Council Members expressed their views. Motion to amend withdrawn by mover and seconder. Moved by Kanner to defer consideration of the resolution until July 10. Motion died for lack of a second. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, Pfab, Vanderhoef, Wilburn. Nays: Kanner, O'Donnell. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Gary Werle and Jim Barrett. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to adopt RES. 01-184, Bk. 125, p. 184, APPROVING THE EXTERIOR SIGNAGE AND FA(;ADE TO DIAMOND DAVE'S IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 01-185, Bk. 125, p. 185, APPROVING EXTERIOR SIGNAGE AND FA(;ADE TO F.I.T ZONE IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 01-186, Bk. 125, p. 186, APPROVING EXTERIOR DESIGN AND AWNING TO THE ICE CREAM SHOP IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. 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. 01-187, Bk. 125, p.187, APPROVING EXTERIOR SIGNAGE TO PLANET X IN THE OLD CAPITOL TOWN CENTER ON 201 S. CLINTON STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 01-188, Bk. 125, p. 188, APPROVING THE EXTERIOR SIGNAGE AND AWNING FOR COUNCIL TRAVEL ON 116 S. LINN STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-189, Bk. 125, p. 189, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, 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. Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-190, Bk. 125, p. 190, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT INC., (FORMERLY THE AMERICAN COLLEGE TESTING PROGRAM, INC.) CONCERNING ACT INC.'S MASTER DEVELOPMENT PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY. Asst. City Atty. Holecek stated the ending date for the exchange would be August 1,2001. Complete Description June 26, 2001 Page 7 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 01-191, Bk. 125, p. 191, OF INTENT TO CONVEY AUDITOR'S PARCEL NO. 2000121 TO ACT, INC. IN EXCHANGE FOR THE CONVEYANCE OF AUDITOR'S PARCEL NO. 2000122 TO CITY BY ACT., INC., AND SETTING A PUBLIC HEARING FOR JULY 10, 2001. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancy: Parks and Recreation Commission - One vacancy to fill an unexpired term ending January 1, 2002 in addition to a four- year term January 1, 2002 - January 1, 2006. Deadline for application is 5:00 p.m., Wednesday, August 15, 2001. The Mayor noted the previously-announced vacancies: Housing and Community Development - Three vacancies to fill a three-year term September 1, 2001 - September 1, 2004. Deadline for application is 5:00 p.m., Wednesday, July 25, 2001 .Human Rights Commission - One vacancy to fill an unexpired term ending January 1,2003 Deadline for application is 5:00 p.m., Wednesday, July 25, 2001 Police Citizens Review Board - Two vacancies to fill a four-year term September 1, 2001 - September 1, 2005. Deadline for application is 5:00 p.m., Wednesday, July 25, 2001. Moved by Pfab, seconded by Vanderhoef, to appoint James Ponto, 618 Brown Street to the Historic Preservation Commission to fill a three-year term March 29, 2001 - March 29, 2004; and appoint Charles Felling, 825 S 7th Avenue to the Public Arts Advisory Committee to serve an unexpired term ending January 1,2003. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Kanner noted the 1000 Friends of Iowa group working on issues concerned with land use and development, and smart growth and encouraged looking into one of their projects called "community license kitchen"; invited the public to attend an Economic Development Committee meeting scheduled June 28; and stated he was upset at the way Council reacted to an individual who appeared during the third reading of an ordinance, and apologized as a Council Member. Mayor Lehman clarified that the individual had appeared at previous readings on the ordinance and had made the same presentation. Council Member Wilburn announced the Saturday Night Drive In at Weatherby Park sponsored by Weatherby Friends and Neighbors; the Aerehawks Flight Show planned for July 8; and noted he had been asked by Lensing Funeral Home to invite folks to a "Celebrate Life Benefit" on behalf of DVIP and Crisis Center scheduled for July 14. Council Member Vanderhoef noted the PCRB minutes where there was discussion of the insertion of the word "alleged" in front of "police misconduct" on brochures being distributed within the community, and reminded Council of the discussion that occurred on the subject at a joint meeting with PCRB held earlier in the year. A majority of Council agreed that the Mayor send a letter directing the change. Council Member Vanderhoef reported on a meeting with representatives of the Iowa Workfome Board and as a result of lobby efforts the Iowa City Workfome Development office will remain open; and continued discussions on making plans for accountability for all 56 offices. Council Member Champion requested information on completion of the Iowa Avenue project. Staff will report back. Complete Description June 26, 2001 Page 8 Dawn Mueller noted her appreciation for all the hours spent by Council Members; registered concern for comments made regarding the Cultural Center for minorities at the University being torn down; noted that the "this side up" sign screwed to the pavement during the Iowa Avenue construction project were starting to loosen and pop up and raised concerns for persons with motor disabilities and senior citizens, staff will follow up; urged Council to not act too quickly regarding PCRB issues, stressing the opportunity of citizens to discuss issues; and asked that the Mayor read the agenda items slower for cable viewers at home not familiar with the items. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 10:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk