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HomeMy WebLinkAbout2001-07-31 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 31, 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, Wilburn. Absent: Vanderhoef. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Matthews, Moran, Schoon, Trueblood, Grosvenor. Council minutes tape recorded on Tape 01-71, Sides 2; Tapes 01-74 and 01-75, Both Sides. The Mayor proclaimed: Irving B. Weber Day - August 11, Tom Muller and Del Brown, accepting. Representatives of the Iowa City Noon Lions Club requested an endorsement from the City for a bronze statue of Mr. Weber to be placed somewhere in the City. Nancy Purington, past chair of the Public Arts Committee, appeared to support the request. Moved by O'DonneII, seconded by Champion, to accept correspondence from Tom Muller. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by Champion, seconded by O'Donnell, that the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meetings of July 9, 10, and 25, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission - June 14. Iowa City Civil Service Commission - July 2. Iowa City Human Rights Commission - May 22. Iowa City Human Rights Commission - June 26. Iowa City Public Library Board of Trustees - June 28. Iowa City Telecommunications Commission - June 25. Iowa City Telecommunications Commission - July 23. Parks and Recreation Commission - June 13. Planning and Zoning Commission - June 21. Planning and Zoning Commission - July 5. Rules Committee Meeting - July 6 Recommendations: Approve the changes as approved by the Animal Care and Adoption Center Advisory Board on March 28. Approve the changes as approved by the Police Citizens Review Board on May 8, 2001. Motions: Consider a motion to approve disbursements in the amount of $37,918,009.81 for the period of June 1 through June 30, 2001, as recommended by the Finance Director subject to audit. Permit Motions and Resolutions as recommended by the City Clerk. New: Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Temporary 5-Day Class B Beer Permit for Regina Fall Fun Festival, Inc., dba Regina Fall Fun Festival Tent A, 2120 Rochester Ave. (8/31/01 - 9/4/01 ). Temporary 5-Day Class B Beer Permit for Regina Fall Fun Festival, Inc., dba Regina Fall Fun Festival Tent B, 2120 Rochester Ave. (8/31/01 - 9/4/01 ). Temporary 5-Day Outdoor Service Area for Regina Fall Fun Festival, Inc., dba Regina Fall Fun Festival Tent A, 2120 Rochester Ave. (8/31/01 ~ 9/4/01 ). Temporary 5-Day Outdoor Service Area for Regina Fall Fun Festival, Inc., dba Regina Fall Fun Festival Tent B, 2120 Rochester Ave. (8/31/01 - 9/4/01 ). Class B Beer Permit for CM Management Services, LLC, dba Duds n' Suds, 5 Sturgis Corner Drive. Renewals: Class C Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn St. Class C Liquor License for KLDP, Inc., dba One Twenty Six, 126 E. Washington St. Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St. Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, Complete Description July 31,2001 Page 2 127 E. College St. Class C Liquor License for New Walt's , Ltd., dba Memories, 928 Maiden Lane. RES. 01-214, Bk. 126, p. 214, TQ ISSUE DANCING PERMIT to New Walt's, Ltd., dba Memories, 928 Maiden Lane. RES. 01-215, Bk. 126, p. 215, TO ISSUE CIGARETTE PERMIT to Justin Jones and Ronald Portier dba Tobacco Republic, 114 1/2 E. College St. (New) Setting Public Hearings, Bk. 126: RES. 01-216, p. 216, RESOLUTION SETTING A PUBLIC HEARING for August 21 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING 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. Resolutions: Bk. 126: RES. 01-217, p. 217, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE MILL, 120 East Burlington Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-218, p. 218, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CITY PLAZA HOTEL CHAUNCEY'S N/K/A MORGAN'S, 210 South Dubuque Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-219, p. 219, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING from Suburban Amoco - Keokuk Street, 1905 South Keokuk Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01- 220, p. 220, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DEADWOOD TAVERN, 6 Dubuque Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 221, p. 221, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HANDIMART, 2545 North Dodge Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-222, p. 222, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM MALONE'S, 121 Iowa Avenue, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-223, p. 223, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 814 EAST JEFFERSON STREET, IOWA CITY, IOWA. RES. 01-224, p. 224, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 730 EAST COLLEGE STREET, IOWA CITY, IOWA. RES. 01-225, p. 225, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1830 HIGH STREET, IOWA CITY, IOWA. RES. 01-226, p. 226, ACCEPTING THE WORK FOR THE 2000 PAVEMENT MARKINGS PROJECT. RES. 01-227, p. 227, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PHASE I OF WINDSOR RIDGE - PART FIFTEEN, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Amy Fletcher - smoking. Miles Weinberger - smoking. Katharine Nicholson - smoking. Vivien and Ron Strauss - smoking. Lisa Bradley -smoking. Kathy Funk - smoking. John Yutzy - smoking. David Complete Description July 31,2001 Page 3 and Renee Gould - smoking. Karla Wysocki - smoking. Cheryl Carrington - smoking. Anne Gasperetti - smoking. Roberta Till-Retz - smoking. Suzette Weaver - smoking. Filippo and Colleen Menczer- smoking. Carl and Diana Jens - smoking. Fran Mohr - smoking. Trista Treglowne & Dan Schraith - smoking. Lois and Eugene Coon - smoking. Colleen Carey Menczer - smoking. E. Elaine Jennings - smoking. Paula Rediger - smoking. J. Ashley Calkins - smoking. Wanda Boeke - smoking. Betty Wood - smoking. Daryl Sawin - smoking. Patricia Ceponis - smoking. Elizabeth Knight - smoking Barbara Elias - smoking. Rita Krause - smoking. Kimberly Lanaghan - smoking. Jill Fishbaugh - smoking. Judy Welch - smoking. Dawn Chervek - smoking. Sheila Baldwin - smoking. Julie Bobitt - smoking. Dana Williams - smoking. Carole Brechmille - smoking. Marian and John Maxwell - smoking. Leora Hein - smoking. Jeanne Bock - smoking. Diane Siglin - smoking. Barbara Wiemer - sidewalk along First Avenue. Anthony Chavez - sidewalk along Langenberg Avenue Larry and Joyce Shatek - alcohol. Catherine Johnson - rail. Joe Chifari - downtown. Dave Dowell - City investment. Mike Lehman (JC Board of Supervisors) - parking along Capitol Street. Rebecca Soglin - wetlands expert. Alexandria Schaeffel - Highland Avenue traffic calming. Eldon and Larry Prybil - plat [received after Council consideration]. Carol Peters - appreciation. Wayne Petersen - The Bicentennial Farm Project. Rick Dvorak (Johnson County) - meeting. Rhys Jones - Lexington barrier (Staff response included). Julie Kearney - smoking. Lesley and John Menninger - smoking. Council Member Kanner noted the number of police visits and charges filed for possession under legal age for establishments requesting approval of liquor licenses; and questioned City representation at the fringe area agreement meeting on August 7 at the County. The Mayor stated Council Member O'Donnell, City Manager Atkins and/or PCD Director Franklin, and himself would be attending. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried. Alexandria Schaeffel, 1321 Marcy St., requested Council consideration of traffic concerns on Highland Avenue, majority of Council requested the matter be scheduled for an upcoming work session. Caroline Dieterie, 727 Walnut St., appeared regarding the memo from the City Attorney concerning proposed Charter amendments. Charles Major, 7 Blue Stem Ct., requested Council direct the City Attorney to draft a smoking workplace ordinance for public discussion, Council stated the City Arty. has been requested to forward the draft ordinance prepared by CAF¢: and her April memo listing questions that need to be addressed for Council's August 20 work session. Brandon Ross, 1822 Rochester Ave., appeared regarding Tower Place parking facility. Moved by Champion, seconded by Wilburn, to set a public hearing for August 21 on an ordinance to rezone approximately 30.11 acres of property from Rural Residential, RR-1, to Sensitive Areas Overlay - Low Density Single Family Residential, OSA-5, located at the west end of Bristol Drive. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. 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. No one appeared. Moved by Champion, seconded by Wilburn, that the 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, be given first vote. Moved by O'Donnell, seconded by Wilburn, to amend the ordinance as follows: Complete Description July 31,2001 Page 4 "D. Special Exceptions: 3. Dwellings located on or below the ground floor of a building or buildings located on property designated as an Iowa City Historic Landmark, provided the following standards am met: a. A rehabilitation plan must be submitted to and approved by the Historic Preservation Commission. The rehabilitation of the property must be completed before an occupancy permit is granted. b. The proposed use will not significantly alter the overall commercial character of the Central Business Zone (CB-10). c. The applicant must demonstrate to the satisfaction of the Board of Adjustment that conditions on the site limit the ability of the sit to accommodate a commercial use on the ground floor. d. If an existing building on a landmark property includes at least three out of four of the following commercial storefront characteristics, dwellings are not permitted on the ground floor of that building: 1). The main entrance to the building is at or near grade; 2). The front facade of the building is located within 10 feet of the front property line; 3). The front fa(~ade of the building contains ground floor display windows; and 4). The building was historically used for commercial purposes. G. Special Provisions: 3. Because continued use and occupancy of historic structures contribute to maintenance of the City's historic, aesthetic and cultural heritage the Board of Adjustment may, to the extent it finds necessary under the circumstances, grant a special exception to modify dimensional and/or off-street parking and loading requirements that would limit or prevent use, re-use, or occupancy of a property designated as an Iowa City Historic Landmark, provided that a rehabilitation plan for the property is submitted to and approved by the Historic Preservation Commission and the general special exception standards contained in section 14-6W-2B of the City Code are met. The rehabilitation of the property must be completed before an occupancy permit is granted." The Mayor declared the motion to amend carried, 5/1, with the following division of voice vote: Ayes: Kanner, Lehman, O'Donnell, Wilburn, Champion. Nays: Pfab. Absent: Vanderhoef. The Mayor declared the motion carried as amended, 5/1, with the following division of roll call vote: Ayes: Kanner, Lehman, O'Donnell, Wilburn, Champion. Nays: Pfab. Absent: Vanderhoef. A public hearing was held on a resolution approving the annexation of approximately 26.88 acres of property located south and east of Scott Boulevard and Rochester Avenue, and 6.22 acres of property located east of Scott Boulevard and south of Lower West Branch Road (Plum Grove Acres). The following individuals appeared: Atty. Kirsten Frey, Plum Grove Acres; Atty. Robert Downer, Iowa City Rehabilitation and Health Care Center. A public hearing was held 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 (6.22 acres) for property located east of Scott Boulevard and south of Rochester Avenue and Lower West Branch Road (Plum Grove Acres). The following individuals appeared: Atty. Kirsten Frey, Plum Grove Acres; Atty. Robert Downer, Iowa City Rehabilitation and Health Care Center (comments noted from previous item); Bob Wolf, 3732 Hummingbird Lane. PCD Director Franklin present for discussion. A public hearing was held 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 following individuals appeared: Glenn Siders, Southgate Development; Greg Muilenburg, 3736 Complete Description July 31,2001 Page 5 Hummingbird Lane; Brandon Ross, 1822 Rochester Ave.; Walter Foley, Hummingbird Lane; Peter Fisher, Hummingbird Lane; Ann Muilenburg, 3736 Hummingbird Lane; and Monica Maloney Mitros, 3710 Hummingbird Lane. PCD Director Franklin present for discussion. Moved by O'Donnell, seconded by Pfab, to continue public hearing to August 21. The Mayor declared the motion carried, 6/0, Vanderhoef absent. A public hearing 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). Moved by O'Donnell, seconded by Pfab, to continue public hearing to August 21. The Mayor declared the motion carried, 6/0, Vanderhoef absent. Council recessed 9:05-9:15 p.m. Moved by O'Donnell, seconded by Champion, that ORD. 01-3978, Bk. 44, p. 24, CHANGING THE ZONING CODE BY CONDITIONALLY AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY, OPDH-8, PLAN FOR LOT 236, WASHINGTON PARK ADDITION PART 11, (ARBOR HILL) AN 8.2 ACRE 17-UNIT RESIDENTIAL DEVELOPMENT, LOCATED NORTH OF WASHINGTON STREET ON ARBOR HILL CIRCLE, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Pfab, to defer to August 21 an ordinance changing the zoning designation from General Industrial (I-1) to Intensive Commercial (Cl-1) for approximately 12.09 acres (Ruppert) located on the south side of Highway 1. Atty. Chuck Meardon, representing the Ruppert family, appeared. PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-228A, Bk. 126, p. 126, APPROVING FINAL PLAT OF WALNUT RIDGE PARTS 9 AND 10, IOWA CITY, IOWA. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: O'Donnell, Wilburn, Champion, Kanner, Lehman. Nays: Pfab. Absent: Vanderhoef. Moved by Pfab, seconded by Wilburn, to defer to August 21 a resolution approving the final plat of north airport development, a 57.13 acre, 17-lot commercial subdivision with two outlots located west of Riverside Drive and south of Highway 1. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by Champion, seconded by Pfab, to adopt RES. 01-228B, Bk. 126, p. 228B. APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PART ONE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 01-229, Bk. 126, p. 229, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLLEGE STREET NEWS D/B/A COLLEGE STREET OASIS. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. A hearing was conducted on assessing a $300.00 civil penalty against Gabe's, 330 East Washington Street, pursuant to Iowa Code section 453a.22(2). Asst. Johnson County Atty. Andy Chappell presented information. Moved by Kanner, seconded by Wilburn, to accept correspondence from Bob Willert; and certified copy of employee's guilty plea or conviction. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Complete Description July 31,2001 Page 6 Moved by Champion, seconded by Pfab, to adopt RES. 01-230, Bk. 126, p. 230, ASSESSING $300.00 CIVIL PENALTY AGAINST GABE'S, 330 East Washington Street, pursuant to Iowa Code section 453A.22(2). Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. A hearing was conducted on assessing a $300.00 civil penalty against Plamor Bowling Inc., 1555 1 st Avenue, pursuant to Iowa Code section 453a.22(2). Asst. Johnson County Atty. Andy Chappell presented information. Moved by Champion, seconded by O'Donnell, to accept certified copy of employee's guilty plea or conviction. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by O'Donnell, seconded by Pfab, to adopt RES. 01-231, Bk. 126, p. 231, ASSESSING A $300.00 CIVIL PENALTY AGAINST PLAMOR BOWLING INC., 1555 1 ST Avenue, pursuant to Iowa Code section 453A.22(2). Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. A hearing was conducted on assessing a $300.00 civil penalty against Wal- mart (Store No. 1721 ), pursuant to Iowa Code section 453A.22(2). Asst. Johnson County Atty. Andy Chappell presented information. Moved by O'Donnell, seconded by Champion, to accept a certified copy of employee's guilty plea or conviction. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by Wilburn, seconded by Pfab, to adopt RES. 01-232, Bk. 126, p. 126, ASSESSING A $300.00 CIVIL PENALTY AGAINST WAL-MART (STORE NO. 1721 ), pursuant to Iowa Code section 453A.22(2). Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the City of Iowa City Robert A. Lee Recreation Center HVAC installation and boiler replacement 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. Brandon Ross, 1822 Rochester Ave., appeared. Parks & Recreation Director Trueblood present for discussion. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-233, Bk. 126, p. 233, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE CITY OF IOWA CITY ROBERT A. LEE RECREATION CENTER HVAC INSTALLATION AND BOILER REPLACEMENT 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, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. A public hearing was held on conveyance of an undeveloped portion of Wooif Avenue from Mclean Street south for a distance of 240 feet to Craig Syrop, Anne Sadler, M. Alice Sahs, and Marita McGurk Eicher. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 01-234, Bk. 126, p. 234, AUTHORIZING CONVEYANCE OF AN UNDEVELOPED PORTION 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. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/2, with the following division of roll call vote: Ayes: O'Donnell, Wilburn, Champion, Lehman. Nays: Kanner, Pfab. Absent: Vanderhoef. Complete Description July 31, 2001 Page 7 A public hearing was held on conveyance of a single family home located at 1605 Dickenson Lane. Moved by O'Donnell, seconded by Pfab, to adopt RES. 01-235, Bk. 126, p. 235, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1605 DICKENSON LANE. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to move up agenda items 17, 18, 19, 20, 21,22, 23, 24, 25, 26, 27 at this time. The Mayor declared the motion carried unanimous, 6/0, Vanderhoef absent. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-236, Bk. 126, p. 236, APPROVING A TEN-YEAR DECLINING PERCENTAGE TAX INCREMENT FINANCING PROPERTY TAX REBATE TO ASSIST SEABURY & SMITH WITH A NEW FACILITY IN IOWA CITY. Scott Fisher, Managing Director of Seabury & Smith, present for discussion. Individual Council Members expressed their views. Motion by Champion calling the question died for lack of a second. Moved by Kanner, seconded by Pfab, to defer the resolution to August 21. The Mayor declared the motion to defer defeated, 2/4, with the following division of voice vote: Ayes: Kanner, Pfab. Nays: O'Donnell, Wilburn, Champion, Lehman. Absent: Vanderhoef. Economic Development Coordinator Schoon present for discussion. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: Vanderhoef. Moved by O'Donnell, seconded by Champion, to adopt RES. 01-237, Bk. 126, p. 237, APPROVING A FIVE-YEAR ONE HUNDRED PERCENT TAX INCREMENT FINANCING PROPERTY TAX REBATE TO ASSIST OWENS-BROCKWAY PLASTIC PRODUCTS, INC. WITH A NEW MANUFACTURING FACILITY IN IOWA CITY. The following individuals appeared: Brandon Ross, 1822 Rochester Ave.; Mark Bradtey, Area Manufacturing Manager for Owens-Brockway; and Joe Raso, President Iowa City Area Development (ICAD). Economic Development Coordinator Schoon for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Wilburn. Nays: Kanner. Absent: Vanderhoef. Council recessed from 10:30 to 10:35 p.m. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-238, Bk. 126, p. 238, ESTABLISHING A COUNCIL ECONOMIC DEVELOPMENT FUND. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Wilburn. Nays: Kanner, Pfab. Absent: Vanderhoef. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-239, Bk. 126, p. 239, ESTABLISHING A COUNCIL ECONOMIC DEVELOPMENT CAPITAL FUND. The Mayor declared the resolution adopted, 4/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Wilburn, Champion. Nays: Kanner, Pfab. Absent: Vanderhoef. Moved by Champion, seconded by (:)'Donnell, to adopt RES. 01-240, Bk. 126, p. 240, ESTABLISHING A COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT FUND. Individual Council Members expressed their views. Economic Development Coordinator Schoon present for discussion. The Mayor declared the resolution adopted, 4/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Wilburn, Champion. Nays: Pfab, Kanner. Absent: Vanderhoef. Complete Description July 31,2001 Page 8 Moved by Wilburn, seconded by Pfab, to adopt RES. 01-241, Bk. 126, p. 241, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY SKATE PARK to MBA Concrete, Inc. for $303,737.80. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Wilburn, to adopt RES. 01-242, Bk. 126, p. 242, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS to L.L. Pelling Co., for $266,279.47. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 01-243, Bk. 126, p. 243, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE HUNTERS RUN PARK to L.L. Pelling Co., for $234,561.57. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-244, Bk. 126, p. 244, NAMING THE MINIPARK ON BENTON STREET "NED ASHTON PARK." Affirmative roll call vote unanimous, 6/0 Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by (:)'Donnell, to adopt RES. 01-245, Bk. 126, p. 245, ESTABLISHING A REVISED SCHEDULE OF RATES AND CHARGES FOR INTERMENTS, LOT SALES AND OTHER SERVICES IN OAKLAND CEMETERY. Parks & Recreation Director Trueblood present for discussion. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 01-246, Bk. 126, p. 246, ADOPTING REGULATIONS FOR OAKLAND CEMETERY REGARDING THE RIGHTS OF LOT OWNERS, MAINTENANCE PRACTICES AND RULES FOR VISITORS. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. (Council returned to item #12 on agenda.) A public hearing was held on ordinances amending Section 1-9-3b of Code of Ordinances of Iowa City, establishing the boundaries of the voting precincts in Iowa City; and amending Section 1-5-1 of the Code of Ordinances of Iowa City, establishing the voting precincts that comprise the three City Council districts. No one appeared. Moved by O'Donnell, seconded by Pfab, that ordinance amending Section 1- 9-3B of Code of Ordinances of Iowa City, establishing the boundaries of the voting precincts in Iowa City, be given first vote. City Clerk Karr summarized changes made to the precinct boundaries. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared motion carried. Moved by Champion, seconded by O'Donnell, that the ordinance amending Section 1-5-1 of the Code of Ordinances of Iowa City, establishing the voting precincts that comprise the three City Council districts, be given first vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared motion carried. Moved by O'Donnell, seconded by Champion, 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 second vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared motion carried. Complete Description July 31, 2001 Page 9 Moved by Champion, seconded by Pfab, to defer to August 21 a resolution authorizing the Mayor to sign and the City Clerk to attest the Aviation Commerce Park financing agreement between the City of Iowa City, Iowa and the Iowa City Airport Commission of Iowa City, Iowa. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by Champion, seconded by Pfab, to adopt RES. 01-247, Bk. 126, p. 247, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE NATIONAL SCULPTORS' GUILD WITH AND THROUGH ITS ARTIST FOR THE LIBRARY PAD OF THE DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 01-248, Bk. 126, p. 248, APPROVING THE CALLS TO ARTIST FOR THE ART PROJECTS IN THE NEAR SOUTHSIDE TRANSPORTATION CENTER. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Wilburn, Champion, Lehman, O'Donneli, Pfab, Nays: Kanner. Absent: Vanderhoef. Moved by O'Donnell, seconded by Champion, to adopt RES. 01-249, Bk. 126, p. 249, RESCINDING RESOLUTION 97-21 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 01-250, Bk. 126, p. 250, APPROVING BY-LAWS OF THE ANIMAL CARE AND ADOPTION CENTER ADVISORY BOARD. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-251, Bk. 126, p. 251, AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW BOARD TO ESTABLISH TERM OF MEMBERS TO EXPIRE SEPTEMBER 1. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-252, Bk. 126, p. 252, ESTABLISHING PILOT PROGRAM FEE FOR CITY PLAZA NEWSPAPER KIOSKS. Council Member Kanner stated he would be abstaining due to a conflict of interest, and left the room. Affirmative roll call vote unanimous, 5/0, Kanner abstaining, Vanderhoef absent. The Mayor declared the resolution adopted. Kanner returned to the meeting. Moved by Kanner, seconded by Champion, to make the following appointments to Boards and Commissions: Housing and Community Development - Lori Beam, 402 S. Gilbert #711, April Gutting, 1316 Dover Street, John Deeth, 615 S. Governor, for three appointments to fill three-year terms September 1, 2001 - September 1,2004; Human Rights Commission- Sue Joslyn, 1925 Flanigan Court, to fill an unexpired term ending January 1, 2003; Police Citizens Review Board - Patrick Wm. Hoeft, 1614 Langenberg Avenue, Bev Smith 703 ~ George Street, to two appointments to fill four-year terms September 1, 2001 - September 1, 2005. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. The Mayor noted the previously-announced 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. Complete Description July 31,2001 Page 10 Council Member O'Donnell stated he was fortunate to watch the RAGBRAI riders and support vehicles pass through our area, and stated it was very impressive; and offered condolences to Don Hebert's family. Council Member Wilburn stated it was a banner night for Parks & Recreation with the passage of the contract for the skate board park, Hunters Run Park, City park trails, and naming of Ned Ashton Park; and congratulated the Weatherby Park neighborhood on the success of their drive-in movies. Council Member Kanner noted the memo from the City Manager regarding the new wetlands regulations, and requested that an item be placed on the August 20 work session for discussion and consideration of a 3-6 moratorium. Majority of Council were not interested in a moratorium until more information is received form staff. Moved by O'Donnell, seconded by Wilburn, to adjourn 11:10 p.m. The Mayor Vand ef absent. declared the motion carried unanimously, 6/0, an, 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. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 7/09/01 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 the ordinance amending Title 8, Chapter 6 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 notwith- standing 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 second 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 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 - 7/10/01 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, Wilbum. Absent: None. Moved and seconded 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 Lou Henri, 630 Iowa Ave. Renewals. Class E Liquor License for Drugtown, 310 N. First Ave. Class B Wine Permit for Drugtown, 310 N. First Ave. Class C Beer Permit for Drugtown, 310 N. First Ave. Class C Liquor License for Green Room, 509 S. Gilbert St. RES. 01-192, TO ISSUE DANCING PERMIT for Green Room, 509 S. Gilbert St.; Malone's Irish Pub, 121 Iowa Ave. Class E Liquor License for Osco Drug #5078, 2426 Muscatine Avenue. Class B Wine Permit for Osco Drug #5078, 2426 Muscatine Ave. Class C Beer Permit for Osco Drug #5078, 2425 Muscatine Ave. RES. 01-193, TO ISSUE CIGARETTE PERMIT FOR OSCO DRUG #5078, 2426 MUSCATINE AVE. Setting Public Hearings: motion setting a public hearing 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, 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: RES. 01-195, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. RES. 01-196, 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 Official Actions July 10, 2001 Page 2 AVENUE, IOWA CITY, IOWA. RES. 01-197, 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, ACCEPTING THE WORK FOR THE FOSTER ROAD AND MORMON TREK BOULEVARD LANDSCAPING PROJECT. RES. 01-199, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING. RES. 01-200, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING. RES. 01-201, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING. 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. Stareper - peninsula neighborhood. Irvin Pfab - welfare law heightens need for child care. The Mayor declared the motion carried. Moved and seconded to approve the Class C Liquor License for Vito's, 118 E. College St. and Class C Liquor License for Downtown Iowa City Entertainment, L.L.C., dba Malone's Irish Pub, 121 Iowa Ave. The Mayor declared the motion to approve carried. 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 and seconded to accept correspondence. The Mayor declared the motion carried. 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 and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Official Actions July 10, 2001 Page 3 Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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-6 (60.13 acres), for property located north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane. The Mayor declared the motion carried. 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 and seconded to continue public hearing to July 31. The Mayor declared the motion carried. Moved and seconded 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. 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 second vote. The Mayor declared the motion carried. Moved and seconded to defer to July 31, an ordinance changing the zoning designation from General Industrial (I-1) to Intensive Commercial (Cl-1) for approximately 12.09 acres located on the south side of Highway 1. PCD Director Franklin present for discussion. The Mayor declared the motion carried. Moved and seconded that ORD. 01-3973, 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 passed and adopted. Moved and seconded that the QRD. 01-3974, 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 passed and adopted. Moved and seconded that the ORD. 01-3975, VACATING AN UNDEVELOPED PORTION OF WOOLF AVENUE FROM MCLEAN STREET SOUTH FOR A DISTANCE OF 240 FEET, be passed and adopted. 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. Moved and seconded to adopt RES. 01-202, AUTHORIZING 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. 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. Official Actions July 10, 2001 Page 4 Moved and seconded to adopt RES. 01-203, 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. 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 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. 01-204, 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; Moved and seconded 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. Moved and seconded that ORD. 01-3976, 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 POLICE ACTIVITIES, be passed and adopted. Moved and seconded that ORD. 01-3977, 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. Moved and seconded to adopt RES. 01-205, APPROVING AN INVITATION TO SELECTED ARTISTS FOR THE IOWA SCULPTOR'S SHOWCASE. Moved and seconded to adopt RES. 01-206, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND KLDP INC. D/B/A ONE TVVENTY SIX, FOR A SIDEWALK CAFI~. Dawn Mueller, PO Box 1654, raised concerned regarding the 8 foot minimum walkway requirement. Moved and seconded to adopt RES. 01-207, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK PARKING LOT RESURFACING PROJECT. Official Actions July 10, 2001 Page 5 Moved and seconded to adopt RES. 01-208, INTENT TO CONVEY AN UNDEVELOPED PORTION 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. Moved and seconded to adopt RES. 01-209, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1605 DICKENSON LANE AND SETTING A PUBLIC HEARING FOR JULY 31,2001. Moved and seconded to adopt RES. 01-210, 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). Moved and seconded to adopt RES. 01-211, REGARDING THE ISSUANCE OF NOT TO EXCEED $40,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF 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. Moved and seconded to adopt RES. 01-212, 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. Moved and seconded to appoint Council Member Mike O'Donnell, to the S.E.A.T.S. Para-Transit Advisory Committee (for a term starting July 1,2001 and ending June 30, 2003). The Mayor declared the motion carried. 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. 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. Atkins stated a packet of information had been prepared and that Vice President Jones had confirmed the Center would not be closed. Moved and seconded to adjourn 9:20 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 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 - 7/25/01 Iowa City City Council, special meeting 9:00 a.m. at the Civic Center, Mayor Lehman presiding. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab. Absent: Vanderhoef, Wilburn. Moved and seconded to adopt RES. 01-213, SETTING A PUBLIC HEARING FOR JULY 31 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE CITY OF IOWA CITY ROBERT A. LEE RECREATION CENTER HVAC INSTALLATION AND BOILER REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Moved and seconded to adjourn 9:04 a.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 s/Marian K. Karr, City Clerk S ' 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 JULY 9, 2001 The 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. Staffmembers present: Atkins, Helling, Dilkes, Karr, Franklin. Council minutes tape recorded on Tape 01-67, Side 1. Moved by Champion, seconded by Wilburn, 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 incident notwith-standing 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 second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Pfab, Wilburn. Nays: Vanderhoef. Absent: None. Moved by Vanderhoef, seconded by Kanner, to adjourn 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 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, Wilbum. 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 HyoVee, 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 'IV - 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-6 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, OPDH-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 (CB-5) 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 OF 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 POLICE 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, Q'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, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND KLDP INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFF~. Dawn Mueller, PQ 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, O'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 PORTION 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'Donnell, 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 OF 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 starting 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 Wilburn 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 forrealizing 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. Atkins 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, 7/0, 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 JULY 25, 2001 Iowa City City Council, special meeting 9:00 a.m. at the Civic Center, Mayor Lehman presiding. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab. Absent: Vanderhoef, Wilburn. Staff members present: Atkins, Dilkes, Morris, Moran, Karr. Council minutes tape recorded on Tape 01-71; Side 1. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-213, Bk. 126, p. 213, SETTING A PUBLIC HEARING FOR JULY 31 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE CITY OF IOWA CITY ROBERT A. LEE RECREATION CENTER HVAC INSTALLATION AND BOILER REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. The Mayor declared the resolution adopted unanimously, 5/0, Vanderhoef, Wilburn absent. Moved by Champion, seconded by O'Donnell, to adjourn 9:04 a.m. The Mayor declared the motion carried unanimously, 5/0, Vanderhoef, Wilburn absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk