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HomeMy WebLinkAbout2001-09-11 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 SEPTEMBER 11, 2001 Iowa City City Council, regular meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Matthews, Karr, Franklin, Nasby, Kopping, Morris, Scott. Council minutes tape recorded on Tape 01-83, Side 2. The Mayor noted the national tragedy experienced that day, and suggested out of respect Council conduct business and leave. Moved by Champion, seconded by O'Donnell, to amend the agenda by deleting Public Discussion and Council Time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor proclaimed: Sexual Assault Awareness Day - September 21, Alison Oliver-Correll, accepting. Constitution Week - September 17 - 23, Verna Johnson, accepting. National Alcohol and Drug Recovery Month - September. The Mayor noted polls would be open until 8:00 p.m. for the School Board election. Moved by Champion, seconded by Vanderhoef, that the following items and recommendation in the Consent Calendar be received, or approved, and/or adopted as amended as follows; and Council Member Kanner requested separate consideration of a resolution authorizing the submission of an application for Brownfield Redevelopment Program Funds to the Iowa Department of Economic Development: Approval of Official Council Actions for special meeting of August 20, regular meeting of August 21, and special meeting of August 23, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing and Community Development Commission - May 17. Iowa City Human Rights Commission - July 24. Parks and Recreation Commission - August 8. Planning and Community Development Commission -August 2. Planning and Community Development Commission - August 16. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Wine Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr. Class C Liquor License for Devotay, Inc., dba Adagio, 325 E. Washington St. Outdoor Service Area for Devotay, Inc., dba Adagio, 325 E. Washington St. Renewals: Class C Liquor License for Ramor Bowling, Inc., dba Plamor Bowling, Inc., 1555 S. First Ave. Transfer of Class C Liquor License for Diamond Dave's Mexican Restaurant, Inc., dba Diamond Dave's, 201 S. Clinton St. Suite 112. Class B Liquor License for Highlander, Inc., dba Radisson Hotel-Iowa City, 2525 N. Dodge St. Class C Beer Permit for Kmart Corporation dba Big Kinart #4315, 901 Hollywood Blvd. Class B Wine Permit for Kmart Corporation dba Big Kinart #4315, 901 Hollywood Blvd. Class C Beer Permit for FAP Enterprises, Inc. dba Gasby's, 1310 S. Gilbert St. Class C Beer Permit for Dan's Short Stop Corp. dba Dan's Short Stop Corp., 2221 Rochester Ave. Special Class C Liquor License for Thomas Lally dba Motley Cow Caf~, 327 E. Market St. RES. 01-275, Bk. 126, p. 275, TO ISSUE DANCE PERMIT for Highlander, Inc., dba Radisson Hotel-Iowa City, 2525 N. Dodge St. Setting Public Hearings. Motions: Set a public hearing for September 25 on a resolution approving and authorizing execution of an agreement for Complete Description September 11, 2001 Page 2 private redevelopmerit by and between the City of Iowa City and Owens- Brockway Plastic Products, Inc., and McMahon Iowa City, LP and directing city staff to publish proper notice. Set a public hearing, for September 25 on a resolution approving and authorizing execution of an agreement for private redevelopment by and between the City of Iowa City and Seabury & Smith, Inc. and Southgate Development Company, Inc. and directing city staff to publish proper notice. RES. 01-276, Bk. 126, p. 276, SETTING PUBLIC HEARING for October 8 ON AMENDING THE FY2002 OPERATING BUDGET. RES. 01-277, p. 277, FIXING TIME, DATE (September 25) AND PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00 AGAINST OUTER LIMITS OF IOWA CITY. Motion: Set a public discussion for September 25 on a resolution approving the Winter 2001-2002 Deer Management Plan. Resolutions, Bk. 126: RES. 01-278, p. 278, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2001. RES. 01-279, p. 279, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION ENHANCEMENT FUNDS. RES. 01-280, p. 280, ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD IMPROVEMENTS - ABBEY LANE TO HIGHWAY I PROJECT. RES. 01-281, p. 281, ACCEPTING THE WORK FOR THE IOWA CITY STREET AND WATER FACILITY IMPROVEMENTS PROJECT - DIVISION 1: FOSTER ROAD IMPROVEMENTS AND DIVISION 2: WATER FACILITY SITE DEVELOPMENT PHASE II IMPROVEMENTS PROJECT. RES. 01-282, p. 282, ACCEPTING THE WORK FOR THE WEST SIDE TRUNK SANITARY SEWER PROJECT. RES. 01-283, p. 283, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL PAVING PROJECT. RES. 01-284, p. 284, APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY01. RES. 01-285, p. 285, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2011 UNION ROAD, IOWA CITY, IOWA. RES. 01-286, p. 286, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 602 CLARK STREET, IOWA CITY, IOWA. RES. 01-287, p. 287, AUTHORIZING THE MAYOR TQ SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, TWO PROMISSORY NOTES AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 602 CLARK STREET, IOWA CITY, IOWA. RES. 01-288, p. 288, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TQ ATTEST TO THE RELEASE QF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1735 F STREET, IOWA CITY, IOWA. RES. 01-289, p. 289, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE AIRLINER, 22 South Dubuque Street, pursuant to Iowa Code Section 453A.22(2) (2001). RES. 01-290, p. 290, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CITY NEWS & BOOKS, 113 Iowa Avenue, pursuant to Iowa Code Section 453A.22(2) (2001). RES. 01-291, p. 291, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF Complete Description September 11,2001 Page 3 RIGHT TO HEARING FROM EAGLES LODGE - SOCIAL ROOM, 225 Highway 1 West, pursuant to Iowa Code Section 453A.22(2) (2001). RES. 01- 292, p. 292, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM OSCO DRUG STORE, 201 South Clinton Street, pursuant to Iowa Code Section 453A.22(2) (2001). RES. 01- 293, p. 293, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM PAUL'S OF IOWA CITY D/B/A PAUL'S DISCOUNT, 424 Highway 1 West, pursuant to Iowa Code Section 453A.22(2) (2001). Correspondence: Henry Herwig (letter to Coralville City Council) - smoking. Jeannette LaPeruto - Kum & Go [staff response included] Lori Goetsch - wetlands. Bob RoeIf - zoning for grocery store [City Manager response included]. Mary Anne Berg - Fareway and smoking. Robert Berens - United Way Motorcycle Ride Fundraiser. Nora Lee Balmer - Lexington Avenue. Daniel and Jill Kahn - Lexington Avenue. David Lubaroff- Library parking. Kevin Wolf- 10p downtown curfew for minors age 17 and under. Leah Cohen - downtown. John Westefeld - appreciation. Bev Soukup-Platz - appreciation. Elizabeth Cummings - air show. Matthew Lage - Pearson's. Cheryl Hetherington - Pearson's. Daniel Benton - ideas for Old Capitol Mall. Jerry Feick - HIS complaint form. Colin O'Brien - smoking. Bob Oppliger - smoking. James and Patricia Ephgrave - smoking. Martha Victoria Rosett Lutz - smoking. Evelyn Scott - smoking. Carol Spaziani - smoking. Faye Shaila - smoking. Miles Weinberger - smoking. Barb Ruth - smoking. JCCOG Traffic Engineering Planner - Installation of NO PARKING BUS ONLY sign on Capitol Street. JCCOG Traffic Engineering Planner - Installation of NO PARKING ANYTIME signs on the north and south sides of Rochester Avenue between Seventh Avenue and Post Road. Six (6) CAF~ postcards - smoking. Caroline Dieterie - City Charter Amendments. Tom Mentz. - Charter Amendments. In response to Council Member Kanner, the City Manager stated police reports for liquor license renewals would be processed and provided to Council starting with the month of September. Council Member Kanner noted the letter from the JCCOG Traffic Engr. Planner regarding NO PARKING ANYTIME signs on the north and south side of Rochester Avenue between Seventh and Post and stated parking tends to slow cars down and it appears the City is pushing a heavily bicycled road away from bicyclists and he didn't feel it was appropriate. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kanner, seconded by Pfab, to adopt RES. 01-294, Bk. 126, p. 294, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR BROWNFIELD REDEVELOPMENT PROGRAM FUNDS TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT (IDED) FOR THE PURPOSE OF FUNDING A BROWNFIELD RECLAMATION PROJECT AND COMMITMENT BY THE CITY OF IOWA CITY TO PROVIDE FUNDING TO IMPLEMENT SAID PROJECT. CDBG Coordinator Long present for discussion. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending the Zoning Code, Article O, Sign Regulations, to permit canopy roof signs. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance to rezone approximately 30.11 acres of property from Rural Residential, RR-1, to Sensitive Complete Description September 11,2001 Page 4 Areas Overlay - Low Density Single Family Residential, OSA-5, located at the west end of Bristol Drive, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Pfab, that the 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, 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 Q'Donnell, to accept correspondence from: Monica Maloney-Mitros. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance rezoning 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on 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. No one appeared. Moved by O'Donnell, seconded by Champion, that ORD. 01-3983. Bk. 44, p. 29, AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 12.09 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF HIGHWAY 1 WEST OF WESTPORT PLAZA FROM I-1, GENERAL INDUSTRIAL TO C1-1, INTENSIVE COMMERCIAL as amended, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Wilburn, to defer to October 8 a resolution approving the preliminary and final plat of Saltzman Subdivision, a 2.8 acre, 3-lot commercial subdivision located east of Riverside Drive south of Benton Street. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on proposed amendments to Iowa City's 2001-2006 Consolidated Plan (A.K.A. City Steps). No one appeared. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Water Facility Improvements Bloomington Street Booster Station project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 01-295, Bk. 126, p. 295, APPROVING PLANS, SPECIFICATIONS, FORM QF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER STATION 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 Complete Description September 11,2001 Page 5 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 construction of the Johnson Street Sanitary Sewer project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Vanderhoef, seconded by Wilburn, to adopt. RES. 01-296, Bk. 126, p. 296, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE JOHNSON STREET SANITARY SEWER 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, estimate of cost for the construction of the Hickory Hill Park Trail 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. The following individuals appeared: Rosemary Randolph and Marilyn Belman, Johnson County Coalition for Persons with Disabilities; Corbin Sexton and Diane Kaufman, Friends of Hickory Hill Park. Moved by O'Donnell, seconded by Champion to continue public hearing to September 25. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Wilburn, seconded by Champion, to defer to September 25 a resolution appreving plans, specifications, form of contract, estimate of cost for the construction of the Hickory Hill Park Trail 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. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Senior Center Building Envelope Waterproofing project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Vanderhoef, seconded by Pfab, to adopt. RES. 01-297, Bk. 126, p. 297, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE WATERPROOFING 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 O'Donnell, seconded by Wilburn, to adopt RES. 01-298, Bk. 126, p. 298, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING PROJECT to All-American Concrete for $105,000. 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. 01-299, Bk. 126, p. 299, AMENDING THE BUDGETED POSITIONS IN THE ACCOUNTING Complete Description September 11,2001 Page 6 DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME PAY PLAN, reclassifying the position of Senior Account Clerk from grade 6 to grade 8. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Board of Library Trustees - One vacancy to fill an unexpired term ending July 1,2007. Housing & Community Development Commission - One vacancy to fill an unexpired term ending September 1,2002. Applications must be received by 5:00 p.m., Wednesday, October 17. Moved by Vanderhoef, seconded by Champion, to adjourn 7:45 p.m. The Mayor declared the motion carried unanimousl , , ' em2~__~ y~~~.M Ernest W. Lehman, Mayor K T. Kar , City CI6rk 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 - 8/20/01 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 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 second vote. The Mayor declared the motion carried. Moved and seconded 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 second vote. The Mayor declared the motion carried. Moved and seconded 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 second vote. The Mayor declared the motion carried. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Council returned to open session 6:50 p.m. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Mayor Lehman not participating due to a conflict of interest, and left the room. The Mayor Pro tern declared the motion carried, 6:52 p.m. Council returned to open session 7:08. Moved and seconded to adjourn the special meeting at 7:08 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 Submi%tad for publication - 8/27/01. 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 - 8/21/01 Iowa City, City Council, regular meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Wilburn, Vanderhoef. Absent: None. The Mayor proclaimed: Aviation Week - August 20-26, Mark Anderson, Director Fly Iowa, accepting. Emile Rubright, and Ina Loewenberg provided information regarding the gift of two photographic portraits of Nancy Seiberling to the Iowa City Public Art Program. Nancy Seiberling present. Moved and seconded seconded to move Item No. 12 up on the agenda and consider at this time. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-253, ACCEPTING THE GIFT OF ARTWORK FROM INA LOEWENBERG, CONSISTING OF TWO PHOTOGRAPHIC PORTRAITS OF NANCY SEIBERLING, TO THE IOWA CITY PUBLIC ART COLLECTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ARTIST FOR ACCEPTANCE OF SAME. The Mayor declared the resolution adopted. Finance Director O'Malley accepted the Government Finance Officers Association Certificate of Excellence. The Mayor and Asst. City Mgr. Helling noted that Personnel Administrator Mejia has received the International Personnel Management Association certification as a professional in personnel management. Moved and seconded that the Consent Calendar be received, or approved, and/or adopted as amended as follows. Council Member Kanner requested to delete from the Consent Calendar and consider separately item 4f(3) resolution accepting the work for the Transit Parking Lot Resurface Project. Approval of Official Council Actions for special meeting of July 31, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission - July 19. Iowa City Board of Adjustment- July 11. Iowa City Public Library Board of Trustees - June 28. Iowa City Public Art Advisory Committee - August 2. Parks and Recreation Commission - July 11. Planning and Zoning Commission - July 19. Planning and Zoning Commission - August 2. Motion: Approve disbursements in the amount of $23,642,966.68 for the period of July 1 through July 31,2001, as recommended by the Finance Director subject to audit. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Beer Permit for College Street Oasis, 110 E. College Street. Renewals: Class C Beer Permit for A & J Mini Mart, 2153 ACT Circle. Class C Beer Permit for L & M Mighty Shop, Inc., 504 E. Burlington St. Class B Wine Permit for L & M Mighty Shop, Inc., 504 E. Burlington St. Class E Liquor License for Aajaxxx Liquor Store, 107 S. Linn St. Class B Wine Permit for Aajaxxx Liquor Store, 107 S. Linn St. Class C Beer Permit for Aajaxxx Liquor Store, 107 S. Linn St. Class C Liquor License for George's Buffet, 312 E. Market St. Class B Wine Permit for New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Class C Beer Permit for New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Special Class C Liquor License for The Cottage Bakery & Caf~, 14 S. Linn St. Official Actions August 21,2001 Page 2 Motion: Set a public hearing for September 11 on proposed amendments to Iowa City's 2001-2006 Consolidated Plan (a.k.a. City Steps). Setting a public hearings, RES. 01-254, SETTING A PUBLIC HEARING for September 11 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER STATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-255, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE JOHNSON STREET SANITARY SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-256, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HICKORY HILL PARK TRAILS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS & RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-257, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE WATER PROOFING PROJECTS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: Motion authorizing the Mayor to sign a Letter of Agreement with Johnson County allowing selected township residents to vote with selected Iowa City precincts. RES. 01-258, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE II. RES. 01-259, 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 410 NORTH LUCAS STREET, IOWA CITY, IOWA. RES. 01-260, 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 1648 BURNS AVENUE, IOWA CITY, IOWA. RES. 01-261, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2635 WESTWINDS DRIVE #4, IOWA CITY, IOWA. RES. 01-262, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE AND A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 1351 FIRST AVENUE SOUTH, IOWA CITY, IOWA. RES. 01- 263, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2450 RUSHMORE DRIVE, IOWA CITY, IOWA. Correspondence: 425 CAF~ postcards - smoking [all available in City Clerk's Office]. Abbie Gould - smoking. Jeff Wilson - smoking. Linda and Official Actions August 21,2001 Page 3 Douglas Behrendt - smoking. Leslie Weber - smoking. Judy and Bill Gilllain - smoking. Joan Foley - smoking. Matthew Clegg - smoking. Kay Seery - smoking. Wayne Johnson - smoking. Tracy Kittrell - smoking. Tamara Schoenbaum - smoking. Dr. Pete Wallace - smoking. John Kammermeyer - smoking. Christopher Squier - smoking. Renee Gould - smoking. Julie Muskovich - smoking. Robert Dostal - leaves and snow. Joyce Barrett - Pearson's. Matthew Lage - Pearson's. Forrest Meggers - Pearson's Carolyn Zaiser - Pearson's. Jane Meggers - Pearson's [staff response included]. Dave Moore - parking near Library. Justine Zimmer - Englert [2]. Cory Sroufe - Iowa City Insights [staff response included]. Kristin Johnson - shelter for gay and bisexual youth. JCCOG Traffic Engineering Planner - installation of stop signs on Ruppert Road. Rita Sterler - smoking. John & Carol Ries - Highland Avenue, Cindy Opitz - smoking. John Ries - Highland Avenue. Delores Fate - smoking. Diane Schweer - smoking. John Stamler - smoking. Joseph Hill - smoking. Joanne Madsen - smoking. Dave & Ann McLaughlin - smoking. Valerie Chick - smoking. Gall Crowe - smoking. David Gould - smoking. John Solow - smoking. Kim Ostler - smoking. Sarah Swisher - Charter amendments. Letter from (9) former Mayors: Charter amendments. Carol de Prosse - Charter amendments. Beverly Hill - smoking. Harry and Billie Norris - smoking. The Mayor declared the motion carried. Moved by and seconded to adopt RES. 01-264, ACCEPTING THE WORK FOR THE TRANSIT PARKING LOT RESURFACE PROJECT. Carol de Prosse requested a moment of silence in observance of the five year anniversary of Eric Shaw's death. The following individuals appeared regarding the three proposed Home Rule Charter Amendments: Tom Langenfeld, 215 Windsor Dr.; Penny Davidsen, 9 Fairview Knoll; Jay Honohan, 2503 Friendship; Brian Davis, 1001 Oakcrest; Matt Blizek, 656 S. Lucas; Pat Jensen, League of Women Voters, (Moved and seconded to accept correspondence from the League. The Mayor declared the motion carried;) DaLayne Williamson, 830 Ronalds St.; Caroline Dieterie, 727 Walnut St. (Moved and seconded to accept petitions too late for inclusion in the originals submitted. The Mayor declared the motion to accept petitions carried); Marti Van Allen Horan, 2407 Crestview Ave., presented an objection to the amendments (City Atty. stated the objection would be file stamped the next business day); John Robertson, 915 Oakcrest #12. Jim Baker, 102 Rocky Shore Dr., appeared regarding the City's franchise agreement with MidAmerican Energy. Kevin Perez, 161 Columbia Dr., appeared regarding signage on his sidewalk caf~ at 126 Washington St.; requested Council extend the current regulation of serving alcoholic beverages in sidewalk cafes beyond 10:00 p.m.; and stated unless smoking is made illegal it will hard to enforce proposed legislation restricting in restaurants. Senior Center Commission Chairperson Jay Honohan reviewed t activities planned in observance of the Center's 20 h anniversary. Jerry Feick, PO Box 2896, appeared regarding hate crimes; building high rise apartment south of Burlington; and the Old Capitol Mall. Frank Bowman, Linn Street Caf~, appeared opposing banning smoking in restaurants. Moved and seconded to set a public hearing for September 11 on an ordinance amending the Zoning Code, Article Q, Sign Regulations, to permit canopy roof signs. The Mayor declared the motion carried. A public hearing was held 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. Official Actions August 21,2001 Page 4 Moved and seconded that ORD. 01-3979, 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 passed and adopted. Moved and seconded to adopt resolution approving the voluntary annexation agreement between the City of Iowa City and certain property owners in Johnson County and authorizing the Mayor to sign and the City Clerk to attest said agreement. The following individuals appeared: Robert Wolf, 3732 Hummingbird Lane; Keith Carter, 3740 Hummingbird Lane; Ann Muilenburg, 3736 Hummingbird Lane; Frank Mitros, 3710 Hummingbird Lane; Walter Foley, 3726 Hummingbird Lane; Monica Maloney Mitros, 3710 Hummingbird Lane; Greg Muilenburg, 3736 Hummingbird Lane; and Dawn Mueller, PO Box 1654. The Mayor declared the resolution defeated. Moved and seconded to accept two pieces of correspondence from Frank Mitros. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-265, APPROVING THE ANNEXATION OF APPROXIMATELY 26.88 ACRES OF PROPERTY LOCATED SOUTH AND EAST OF SCOTT BOULEVARD AND ROCHESTER AVENUE,AND APPROXIMATELY 6.22 ACRES OF PROPERTY LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF LOWER WEST BRANCH ROAD. Brandon Ross, 1822 Rochester Ave., appeared. Moved and seconded that the 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, be given first vote. The Mayor declared the motion carried. A public hearing was held on 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. Glenn Siders, Southgate Development Company, appeared. Moved and seconded to adopt RES. 01-266, 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. A public hearing was held on that the ordinance approving 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. Moved and seconded that the ordinance approving 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, be given first vote. The Mayor declared the motion carried. Moved and seconded to defer to September 11 an ordinance changing the zoning designation from General Industrial (I-1)to intensive commercial (C1-1)for Official Actions August 21,2001 Page 5 approximately 12.09 acres located on the south side of Highway and to set public hearing for September 11. The Mayor declared the motion carried. Moved and seconded to move up on the agenda Item #10 and consider at this time. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-267, 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. Airport Commission Chairperson Rick Mascari present for discussion. The following individuals appeared: Dawn Mueller, PO Box 1654; and Jerry Feick, PO Box 2896. Moved and seconded to adopt RES. 01-268, APPROVING FINAL PLAT OF NORTH AIRPORT DEVELOPMENT, IOWA CITY, IOWA. Moved and seconded to adopt RES. 01-269, APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XVIII, IOWA CITY, IOWA. Moved and seconded to defer to September 11 a resolution approving the preliminary and final plat of Saltzman Subdivision, a 2.8 acre, 3-lot commercial subdivision located east of Riverside Drive south of Benton Street. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Mark Danielson. The Mayor declared the motion carried. A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of the Riverside Festival Stage Seating project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 01-270, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING 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 ORD. 01-3980, AMENDING SECTION 1-9-3B OF CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, be passed and adopted. Moved and seconded that ORD. 01-3981, AMENDING SECTION 1-5-1 OF THE CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE VOTING PRECINCTS THAT COMPRISE THE THREE CITY COUNCIL DISTRICTS IN IOWA CITY, be passed and adopted. Moved and seconded that ORD. 01-3982, 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 CHARGES AND FEES IN IOWA CITY, IOWA, be passed and adopted. Moved and seconded to adopt RES. 01-271, REJECTING BIDS RECEIVED ON AUGUST 20, 2001, FOR ROBERT A LEE RECREATION HVAC INSTALLATION AND BOILER REPLACEMENT PROJECT. Moved and seconded to adopt, RES. 01-272, APPROVING THE EXTERIOR SIGNAGE AND FA(;;ADE TO BUFFALO WILD WINGS IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Moved and seconded to adopt RES. 01-273, AMENDING THE BUDGETED POSITIONS IN THE HOUSING AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY DELETING ONE HALF-TIME MAINTENANCE WORKER II - PUBLIC HOUSING POSITION AND ADDING ONE- Official Adions August21,2001 Page 6 HALF TIME HOUSING ASSISTANT POSITION AND AMENDING THE AFSCME PAY PLAN BY DELETING THE POSITION OF MAINTENANCE WORKER II - PUBLIC HOUSING. Moved and seconded to approve an agreement between the City of Iowa City and Public Access Television, inc. for partial funding of a program facility at 730 S. Dubuque Street. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-274, DECLARING THAT CERTAIN FUNDRAISING ACTIVITIES BY CITY OF IOWA CITY EMPLOYEES SERVE A PUBLIC PURPOSE. The Mayor noted discussion at the work session and asked that 1 a of the resolution be amended to read "All net proceeds" rather than "All proceeds". Mover and seconder agreed to amend. Aaron Winter, 922 Sixth Ave., appeared regarding the Home Rule Charter Amendments. Jerry Feick, PO Box 2896, appeared regarding the City's Housing and Inspection Services Department. Dawn Mueller, PO Box 1654, read a letter requesting the City Council formally request that the Rape Victim Advocacy Program, the Domestic Violence Intervention Program and MECCA make an evaluation of the potential impact of the proposed Home Rule Charter Amendments on the safety of women in the community. Moved and seconded to accept correspondence. The Mayor declared the motion carried. Moved and seconded to appoint Kevin Boyd, 2216 N. Dodge, to the Parks and Recreation Commission for one appointment to fill an unexpired term ending January 1,2002, in addition to a four-year term January 1, 2002 - January 1,2006. The Mayor declared the motion carried. Moved and seconded to adjourn 11:30 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 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 8/23/01 Iowa City City Council, special meeting, 8:30 a.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. City Atty. Dilkes summarized the procedure outlined in State Code to choose, by ballot, one member of the council to serve with the Mayor and City Clerk to hear objections to the petitions proposing amendments to Iowa City's Home Rule charter pursuant to Iowa Code Section 44.8. After balloting the City Clerk announced the results and there was not a member selected by majority. Moved and seconded to take the top two vote getters and do a run off. The Mayor declared the motion carried. After balloting the City Clerk announced the results of the third ballot. Mayor Lehman announced that Council Member Wilbum would be the third member of the Committee to hear objections. Moved and seconded to adjourn 8:45 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 Subject to change as ~nalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 20, 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. Staff members present: Atkins, Helling, Dilkes, Karr, Boothroy, Trueblood, Hennes, Dulek, Franklin. Council minutes tape recorded on Tape 01-76, Side 1. Moved by O'Donnell, seconded by Champion, that 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 second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Kanner, Lehman. Nays: Pfab. Absent: None. Moved by Vanderhoef, 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 second vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Kanner, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Vanderhoef, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session at 6:38 p.m. Council returned to open session 6:50 p.m. Moved by Pfab, seconded by O'Donnell, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Mayor Lehman not participating due to a conflict of interest, and left the room. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion carried, 6:52 p.m. Council returned to open session 7:08. Moved by Champion, seconded by Pfab, to adjourn the special meeting at 7:08 p.m. The Mayor declared the motion carried unanimously, 6/0, Lehman absent. 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 AUGUST 21,2001 Iowa City, City Council, regular meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Wilburn, Vanderhoef. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, O'Malley, O'Neil, Franklin. Council minutes tape recorded on Tape 01-80 and Tape 01-81, Both Sides; Tape 01-82: Side 1. The Mayor proclaimed: Aviation Week - August 20-26, Mark Anderson, Director Fly Iowa, accepting. PCD Director Franklin, Emile Rubright, and Ina Loewenberg provided information regarding the gift of two photographic portraits of Nancy Seiberling to the Iowa City Public Art Program. Nancy Seiberling present. Moved by O'Donnell, seconded by Champion to move Item No. 12 up on the agenda and consider at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-253, Bk. 126, p. 253, ACCEPTING THE GIFT OF ARTWORK FROM INA LOEWENBERG, CONSISTING OF TWO PHOTOGRAPHIC PORTRAITS OF NANCY SEIBERLING, TO THE IOWA CITY PUBLIC ART COLLECTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ARTIST FOR ACCEPTANCE OF SAME. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Finance Director O'Malley accepted the Government Finance Officers Association Certificate of Excellence. The Mayor and Asst. City Mgr. Helling noted that Personnel Administrator Mejia has received the International Personnel Management Association certification as a professional in personnel management. Moved by Champion, seconded by Vanderhoef, that the Consent Calendar be received, or approved, and/or adopted as amended as follows. Council Member Kanner requested to delete from the Consent Calendar and consider separately item 4f(3) resolution accepting the work for the Transit Parking Lot Resurface Project. Approval of Official Council Actions for special meeting of July 31, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission - July 19. Iowa City Board of Adjustment- July 11. Iowa City Public Library Board of Trustees - June 28. Iowa City Public Art Advisory Committee - August 2. Parks and Recreation Commission - July 11. Planning and Zoning Commission -July 19. Planning and Zoning Commission -August 2. Motion: Approve disbursements in the amount of $23,642,966.68 for the period of July 1 through July 31,2001, as recommended by the Finance Director subject to audit. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Beer Permit for Michael Zeadow dba College Street Oasis, 110 E. College Street. Renewals: Class C Beer Permit for A & J Mini Mart, Inc., dba A & J Mini Mart, 2153 ACT Circle. Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St. Class B Wine Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St. Class E Liquor License for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. Class B Wine Permit for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. Class C Beer Permit for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. Class C Complete Description August 21,2001 Page 2 Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St. Class B Wine Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Special Class C Liquor License for The Cottage of Iowa City, Inc., dba The Cottage Bakery & Caf~, 14 S. Linn St. Motion: Set a public hearing for September 11 on proposed amendments to Iowa City's 2001-2006 Consolidated Plan (a.k.a. City Steps). Setting a public hearings, Bk. 126: RES. 01-254, p. 254, SETTING A PUBLIC HEARING for September 11 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER STATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-255, p. 255, SETTING A PUBLIC HEARING for September 11 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE JOHNSON STREET SANITARY SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 0%256, p. 256, SETTING A PUBLIC HEARING for September 11 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HICKORY HILL PARK TRAILS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS & RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-257, p. 257, SETTING A PUBLIC HEARING for September 11 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE WATER PROOFING PROJECTS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 126: Motion authorizing the Mayor to sign a Letter of Agreement with Johnson County allowing selected township residents to vote with selected Iowa City precincts. RES. 01-258, p. 258, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE II. RES. 01-259, p. 259, 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 410 NORTH LUCAS STREET, IOWA CITY, IOWA. RES. 01- 260, p. 260, 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 1648 BURNS AVENUE, IOWA CITY, IOWA. RES. 01-261, p. 261, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2635 WESTWINDS DRIVE #4, IOWA CITY, IOWA. RES. 01-262, p. 262, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE AND A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 1351 FIRST AVENUE Complete Description August21,2001 Page 3 SOUTH, IOWA CITY, IOWA. RES. 01-263, p. 263, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2450 RUSHMORE DRIVE, IOWA CITY, IOWA. Correspondence: 425 CAF~ postcards - smoking [all available in City Clerk's Office]. Abbie Gould - smoking. Jeff Wilson - smoking. Linda and Douglas Behrendt - smoking. Leslie Weber - smoking. Judy and Bill Gilliam - smoking. Joan Foley - smoking. Matthew Clegg - smoking. Kay Seery - smoking. Wayne Johnson - smoking. Tracy Kittrell - smoking. Tamara Schoenbaum - smoking. Dr. Pete Wallace - smoking. John Kammermeyer - smoking. Christopher Squier - smoking. Renee Gould - smoking. Julie Muskovich - smoking. Robert Dostal - leaves and snow. Joyce Barrett - Pearson's. Matthew Lage - Pearson's. Forrest Meggers - Pearson's Carolyn Zaiser - Pearson's. Jane Meggers - Pearson's [staff response included]. Dave Moore - parking near Library. Justine Zimmer - Englert [2]. Cory Sroufe - Iowa City Insights [staff response included]. Kristin Johnson - shelter for gay and bisexual youth. JCCOG Traffic Engineering Planner - installation of stop signs on Ruppert Road. Rita Sterler - smoking. John & Carol Ries - Highland Avenue. Cindy Opitz - smoking. John Ries - Highland Avenue. Delores Fate - smoking. Diane Schweer - smoking. John Stamler - smoking. Joseph Hill - smoking. Joanne Madsen - smoking. Dave & Ann McLaughlin - smoking. Valerie Chick - smoking. Gall Crowe - smoking. David Gould - smoking. John Solow - smoking. Kim Ostler - smoking. Sarah Swisher - Charter amendments. Letter from (9) former Mayors: Charter amendments. Carol de Prosse - Charter amendments. Beverly Hill - smoking. Harry and Billie Norris - smoking. Council Member Kanner requested information regarding the Visual Artists Rights Act mentioned in the Public Art Advisory minutes, PCD Director Franklin present for discussion; requested an update on the status of police reports as a result of passage of the new liquor ordinance on procedures, City Mgr. will follow up; noted the public hearing being set on City Steps for September 11 and requested an overview, PCD Director Franklin present for discussion; noted the agreement with the County to allow township voters the ability to vote at City precinct polling place and asked that a special notice be distributed to those affected clarifying they are not eligible to vote in City elections; City Clerk will follow up with Commissioner of Elections. Affirmative roll call vote unanimous, 7/0, all Council members present. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-264, p. 264, ACCEPTING THE WORK FOR THE TRANSIT PARKING LOT RESURFACE PROJECT. Individual Council Members expressed their views. A memo from Engineering will be prepared outlining the maintenance issues. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Carol de Prosse requested a moment of silence in observance of the five year anniversary of Eric Shaw's death. The following individuals appeared regarding the three proposed Home Rule Charter Amendments: Tom Langenfeld, 215 Windsor Dr.; Penny Davidsen, 9 Fairview Knoll; Jay Honohan, 2503 Friendship; Brian Davis, 1001 Oakcrest; Matt Blizek, 656 S. Lucas; Pat Jensen, League of Women Voters, (Moved by Vanderhoef, seconded by Kanner, to accept correspondence from the League. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.); DaLayne Williamson, 830 Ronalds St.; Caroline Dieterie, 727 Complete Description August 21, 2001 Page 4 Walnut St. (Moved by Vanderhoef, seconded by Wilburn, to accept petitions too late for inclusion in the originals submitted. The Mayor declared the motion to accept petitions carried unanimously, 7/0, all Council Members present.); Madi Van Allen Horan, 2407 Crestview Ave., presented an objection to the amendments (City Atty. stated the objection would be file stamped the next business day); John Robertson, 915 Oakcrest #12. Jim Baker, 102 Rocky Shore Dr., appeared regarding the City's franchise agreement with MidAmerican Energy. Kevin Perez, 161 Columbia Dr., appeared regarding signage on his sidewalk caf~ at 126 Washington St.; requested Council extend the current regulation of serving alcoholic beverages in sidewalk cares beyond 10:00 p.m.; and stated unless smoking is made illegal it will hard to enforce proposed legislation restricting in restaurants. Senior Center Commission Chairperson Jay Honohan reviewed activities planned in observance of the Center's 20 h anniversary. Jerry Feick, PO Box 2896, appeared regarding hate crimes; building high rise apartment south of Burlington; and the Old Capitol Mall. Frank Bowman, Linn Street Caf~, appeared opposing banning smoking in restaurants. Moved by Wilburn, seconded by Champion, to set a public hearing for September 11 on an ordinance amending the Zoning Code, Article Q, Sign Regulations, to permit canopy roof signs. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. A public hearing was held 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. No one appeared. Moved by O'Donnell, seconded by Champion, that ORD. 01-3979, Bk. 44, p. 25, AMENDING THE ZONING CODE, SECTION 14-6E-8 CENTRAL BUSINESS ZONE, TO ALLOW DWELLINGS ON QR BELOW THE GROUND FLOOR OF HISTORIC LANDMARK BUILDINGS BY SPECIAL EXCEPTION, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab. Absent: None. Moved by Champion, seconded by Vanderhoef, to adopt resolution approving the voluntary annexation agreement between the City of Iowa City and certain property owners in Johnson County and authorizing the Mayor to sign and the City Clerk to attest said agreement. The following individuals appeared: Robert Wolf, 3732 Hummingbird Lane; Keith Carter, 3740 Hummingbird Lane; Ann Muilenburg, 3736 Hummingbird Lane; Frank Mitros, 3710 Hummingbird Lane; Walter Foley, 3726 Hummingbird Lane; Monica Maloney Mitros, 3710 Hummingbird Lane; Greg Muilenburg, 3736 Hummingbird Lane; and Dawn Mueller, PO Box 1654. PCD Director Franklin present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 3/4, with the following division of roll call vote: Ayes: Pfab, Champion, Kanner. Nays: O'Donnell, Vanderhoef, Wilburn, Lehman. Moved by O'Donnell, seconded by Vanderhoef, to accept two pieces of correspondence from Frank Mitros. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Q'Donnell, to adopt RES. 01-265, Bk. 126, p. 265, APPROVING THE ANNEXATION OF APPROXIMATELY 26.88 ACRES OF PROPERTY LOCATED SOUTH AND EAST OF SCOTT BOULEVARD AND ROCHESTER AVENUE,AND APPROXIMATELY 6.22 ACRES OF PROPERTY LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF LOWER WEST BRANCH ROAD. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to defer the resolution to September 11. The Mayor declared Complete Description August21,2001 Page 5 the motion defeated, 2/5, with the following division of voice vote: Ayes: Kanner, Pfab. Nays: Champion, Lehman, O'Donnell, Vanderhoef, Wilbum. Absent: None. Brandon Ross, 1822 Rochester Ave., appeared. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent: None. Moved by Vanderhoef, seconded by Champion, that the 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, be given first vote. PCD Director Franklin present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell. Nays: Pfab. Absent: None. A public hearing was held on 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). Glenn Siders, Southgate Development Company, appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 01-266, Bk. 126, p. 266, 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 resolution adopted, 5/2, with the following division of roll call vote: Ayes: Wilburn, Champion, Lehman, O'Donnell, Vanderhoef. Nays: Kanner, Pfab. Absent: None. A public hearing was held on that the ordinance approving 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). No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance approving 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) be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Absent: None. Moved by Vanderhoef, seconded by Wilburn, to defer to September 11 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 and to set public hearing for September 11. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to move up on the agenda Item #10 and consider at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to Complete Description August21,2001 Page 6 adopt RES. 01-267, Bk. 126, p. 257, 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. Airport Commission Chairperson Rick Mascari present for discussion. Individual Council Members expressed their views. Moved by Kanner, seconded by Pfab, to amend the agreement to recapture the debt service from the North Commercial Park income. The Mayor declared the motion to amend defeated, 1/6, with the following division of voice vote: Ayes: Kanner. Nays: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. The following individuals appeared: Dawn Mueller, PO Box 1654; and Jerry Feick, PO Box 2896. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-268, Bk. 126, p. 268, APPROVING FINAL PLAT OF NORTH AIRPORT DEVELOPMENT, IOWA CITY, IOWA. 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. 01-269, Bk. 126, p. 269, APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XVIII, IOWA CITY, IOWA (Wellington Condominiums). 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 defer to September 11 a resolution approving the preliminary and final plat of Saltzman Subdivision, a 2.8 acre, 3-1or commercial subdivision located east of Riverside Drive south of Benton Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from Mark Danielson. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of the Riverside Festival Stage Seating project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 01-270, Bk. 126, p. 270, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING 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 Pfab, seconded by Vanderhoef, that ORD. 01-3980, Bk. 44, p. 26, AMENDING SECTION 1-9-3B OF CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY; be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Pfab, that ORD. 01-3981, Bk. 44, p. 27, AMENDING SECTION 1-5-1 OF THE CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE VOTING PRECINCTS THAT COMPRISE THE THREE CITY COUNCIL DISTRICTS IN IOWA CITY, be passed and adopted. Affirmative roll call Complete Description August 21,2001 Page 7 vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, that ORD. 01-3982, Bk. 44, p. 28, 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 CHARGES AND FEES IN IOWA CITY, IOWA, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. Individual Council Members expressed their views. The Mayor declared the ordinance adopted. Moved by Pfab, seconded by Champion, to adopt RES. 01-271, Bk. 126, p. 271, REJECTING BIDS RECEIVED ON AUGUST 20, 2001, FOR ROBERT A LEE RECREATION HVAC INSTALLATION AND BOILER REPLACEMENT PROJECT. 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 O'Donnell, to adopt, RES. 01-272, Bk. 126, p. 272, APPROVING THE EXTERIOR SIGNAGE AND FA(;;ADE TO BUFFALO WILD WINGS 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 Champion, seconded by Vanderhoef, to adopt RES. 01-273, Bk. 126, p. 273, AMENDING THE BUDGETED POSITIONS IN THE HOUSING AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY DELETING ONE HALF-TIME MAINTENANCE WORKER II - PUBLIC HOUSING POSITION AND ADDING ONE-HALF TIME HOUSING ASSISTANT POSITION AND AMENDING THE AFSCME PAY PLAN BY DELETING THE POSITION OF MAINTENANCE WORKER II - PUBLIC HOUSING. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Champion, to approve an agreement between the City of Iowa City and Public Access Television, inc. for partial funding of a program facility at 730 S. Dubuque Street. Individual Council Members expressed their views. Rene Paine, Director Public Access Television, appeared. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-274, Bk. 126, p. 274, DECLARING THAT CERTAIN FUNDRAISING ACTIVITIES BY CITY OF IOWA CITY EMPLOYEES SERVE A PUBLIC PURPOSE. The Mayor noted discussion at the work session and asked that 1 a of the resolution be amended to read "All net proceeds" rather than "All proceeds". Mover and seconder agreed to amend. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. Aaron Winter, 922 Sixth Ave., appeared regarding the Home Rule Charter Amendments. Jerry Feick, P0 Box 2896, appeared regarding the City's Housing and Inspection Services Department. Dawn Mueller, PO Box 1654, read a letter requesting the City Council formally request that the Rape Victim Advocacy Program, the Domestic Violence Intervention Program and MECCA make an evaluation of the potential impact of the proposed Home Rule Charter Amendments on the safety of women in the community. Moved by Champion, seconded by Vanderhoef, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description August 21,2001 Page 8 Moved by Vanderhoef, seconded by O'Donnell to appoint Kevin Boyd, 2216 N. Dodge, to the Parks and Recreation Commission for one appointment to fill an unexpired term ending January 1,2002, in addition to a four-year term January 1, 2002 - January 1,2006. Individual Council Members expressed their views. Moved by Champion, seconded by O'Donnell, to call the question. The Mayor declared the motion to appoint Kevin Boyd carried, 6/1, with the following division of voice vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Council Member Kanner questioned why the discussion of regulation of wetlands was not on the agenda, City Mgr. Atkins stated he had discussed it with the Mayor and agreed the agenda was already full. Council Member Pfab questioned when a public hearing would be set on discussion of smoking in restaurants, and invite Coralville City Council to participate. Mayor Lehman stated a letter had been faxed to Coralville extending the invitation and no date would be set until a response had been received. Council Member O'Donnell apologized to the Chamber of Commerce and the Park & Recreation new appointee Kevin Boyd for remarks made that evening. Council Member Kanner noted the memo from City Clerk Karr concerning second and third floor restaurants and bars, and clarified he was interested in getting occupancy levels to access whether the City needed to better enforce those levels or possibility change them. Staff will follow up. In response to Council Members Kanner and Pfab the City Manager stated the Broadway crosswalk would be incorporated into the Highway 6 Trail Project. Moved by Vanderhoef, seconded by O'Donnell, to adjourn 11:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Madan K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 23, 2001 Iowa City City Council, special meeting, 8:30 a.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, Dulek, Karr. Council minutes tape recorded on Tape 01-82, Side 2. City Atty. Dilkes summarized the procedure outlined in State Code to choose, by ballot, one member of the council to serve with the Mayor and City Clerk to hear objections to the petitions proposing amendments to Iowa City's Home Rule charter pursuant to Iowa Code Section 44.8. Individual Council Members expressed their views. After balloting the City Clerk announced the results as follows: seven ballots cast. 2- Kanner; 2-Wilburn; 3-Vanderhoef. Since there was not a member selected by majority another ballot was cast. The City Clerk announced the results of the second balloting as follows: seven ballots cast. 1-Kanner, 3-Vanderhoef; 3-Wilbum. Since there was not a member selected by majority another ballot was cast. Moved by Champion, seconded by Vanderhoef, to take the top two vote getters and do a run off. The Mayor declared the motion carried, 4/3. With the following show of hands: Ayes: Champion, Lehman, Vanderhoef, Wilburn. Nays: Kanner, Pfab, O'Donnell. After balloting the City Clerk announced the results of the third ballot as follows: 3-Vanderhoef, 4-Wilburn. Mayor Lehman announced that Council Member Wilburn would be the third member of the Committee to hear objections. Moved by Kanner, seconded by Pfab, to allow public input. The Mayor declared the motion defeated, 3/4, with the following division of voice vote: Ayes: Kanner, Pfab, Wilburn. Nays: Champion, Lehman, O'Donnell, Vanderhoef. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 8:45 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Madan K. Karr, City Clerk