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HomeMy WebLinkAbout2001-11-13 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 NOVEMBER 13, 2001 Iowa City City Council, special meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Winkelhake, Lord, Johnson, Voparil, McCafferty, O'Malley, Scott. Council minutes tape recorded on Tape 01-100, Side 2; Tape 01- 102, Both Sides; Tape 01-103, Side 1. The Mayor announced the special presentations to: Governor's Traffic Safety Bureau 85% Seatbelt Usage Award, presented by Jan Goldsmith, Governor's Traffic Safety Bureau Area Administrator to Police Chief Winkelhake and Police Captain Johnson; Police Sergeant Lord present for discussion. Outstanding Student Citizenship Awards were presented to Twain Elementary students Emily Artz, Ben Dolder, and Beri Mazariegos The Mayor proclaimed World AIDS Day - December 1, Andy Weigel, accepting. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meetings of October 23 and October 30, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing and Community Development Commission - September 20. Iowa City Public Library Board of Trustees - September 27. Planning & Zoning Commission - October 4. Planning & Zoning Commission - October 18. Senior Center Commission - September 18. Historic Preservation Commission -August 9. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Ground Round, Inc., dba Ground Round, 830 S. Riverside Dr. Class C Liquor License for Yelder Enterprises, Inc., dba Que, 211 Iowa Ave. Class C Beer Permit for Fareway, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class B Wine Permit for Fareway, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class C Beer Permit for Eagle Food Centers, Inc., dba Eagle Food Center #157,600 N. Dodge St. Class B Wine Permit for Eagle Food Centers, Inc., dba Eagle Food Center#157,600 N. Dodge St. RES. 01-354, Bk. 126, p. 354, TO ISSUE A DANCE PERMIT for Yelder Enterprises, dba Que, 211 Iowa Ave. New: Class C Liquor License for The Summit Restaurant & Bar, Inc., dba The Summit, 10 S. Clinton Street. RES. 01-355, Bk. '126, p. 355, TO I~UE A DANCE PERMIT for The Summit Restaurant & Bar, Inc., dba The Summit, 10 S. Clinton Street. RES. 01-356, Bk. 126, p. 356, TO 18SUE CIGARETTE PERMIT for the Summit Restaurant & Bar, Inc., dba The Summit, 10 S. Clinton Street. Resolutions, Bk. 126: RES. 01-357, p. 357, RATIFYING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR AMERICAN SPIRIT GRANT FUNDS. RES. 01-358, p. 358, ACCEPTING THE WORK FOR THE IOWA CITY SENIOR CENTER SPRINKLER SYSTEM AND CEILING INSTALLATION PROJECT. RES. 01- 359, p. 359, ACCEPTING THE WORK FOR THE IOWA CITY TRANSIT INTERCHANGE PROJECT PHASE II. RES. 01-360, p. 360, ACCEPTING Complete Description November 13, 2001 Page 2 THE WORK FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U-3715(615)--70-52. Correspondence: Carol DeProsse: PATV - The War on Drugs: Impacts on Local Communities. Eve Casserly -- Tower Place Handicapped Parking. Jody Bailey - Construction on Bjaysville. Walter Lee - Lee v. Boxer and Feinstein. Becky Soglin, Lori Goetsch, and Julie Tallman - Wetlands. Nora Lee Balmer - Gate on Lexington. Richard Kerber - Gate on Lexington. Scott Kading - 13 S Linn Street. Chuck Goldberg (Sheraton Hotel) - Public Urination. Kristie Fortmann Doser (DVIP) - Newsletter. Marti Horan - United Nations Day. James Barrett - Pentacrest Demonstration/Police Presence. Brian Tibbets - Englert Night Out. In response to Council Member Kanner, the City Clerk stated that restaurants are allowed to serve alcohol above ground level, and the City Manager will report back on capacity for establishments currently serving alcohol above ground level. PCD Director Franklin outlined the grant application being requested from the Iowa Arts Council. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Doren Kuster, Advanced Drainage Systems, appeared. Moved by O'Donnell, seconded by Champion, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Rick Praetor stated members of Boy Scout Troop 218 were present as part of their citizenship badge. Moved by Champion, seconded by O'Donnell, to set a public hearing for November 27 on an ordinance to rezone .63 acres from General Industrial, I-1, to Intensive Commercial, C1-1, located on the south side of Highway 1 West, west of Ruppert Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Lehman stated he had a conflict of interest on the next item and noted Mayor Pro tem O'Donnell would be presiding. Moved by Champion, seconded by Vanderhoef, to set a public hearing for November 27 on an ordinance to vacate West Benton Court north of Benton Street (Oaknoll). The Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman abstaining. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from Bob Downer. The Mayor Pro tem declared the motion carried, 6/0, Lehman abstaining. Mayor Lehman now presiding. A public hearing was held on an ordinance to rezone 1.38 acres from High Density Multi-Family Residential, RM-44, to Medium Density Multi-Family Residential, RM-20 for property (Benton Villa) located at 1045-1075 W. Benton Street. Judith Klink, 1101 Harlocke Street, appeared. Moved by Pfab, seconded by Vanderhoef, to continue public hearing to November 27. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance to rezone from Medium Density Single Family (RS-8) to Historic Preservation Overlay (RS-8/OHP) for properties within the Longfellow Neighborhood to establish the Longfellow Historic District. Richard Carlson, Historic Preservation Commission, appeared. Associate Planner McCafferty present for discussion. A public hearing was held on an ordinance to fezone from Medium Density Single Family (RS-8) to Conservation District Overly (RS-8/OCD) for properties within the Longfellow Neighborhood to establish the Clark Street Conservation District. No one appeared. Complete Description November 13, 2001 Page 3 A public hearing was held on an ordinance to rezone from Medium Density Single Family (RS-8) to Conservation District Overly (RS-8/OCD) for properties within the Longfellow Neighborhood to establish the Dearborn Street Conservation District. No one appeared. A public hearing was held on an ordinance to vacate 11,800 square feet of undeveloped Kirkwood Avenue right-of-way located south of the Church of Christ parking lot at 1320 Kirkwood Avenue. No one appeared. Moved by Champion, seconded by Vanderhoef, that the ordinance to rezone approximately 3.07 acres (Buss) from Medium Density Multifamily, RM-20, to Medium Density Single Family, RS-8, located at 747 W. Benton Street, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mary Hitchcock, 1506 N. Dubuque Street, representing the Ruppert family appeared. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from Mary Hitchcock; and petition opposing the rezoning signed by six people. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance to rezone approximately 6.15 acres (Fareway) from Intensive Commercial, C1-1, to Community Commercial, CC-2, located at Commerce Drive and Liberty Drive. The following individuals appeared: Ann Bovbjerg, 1710 Ridge Road, Planning & Zoning Commission Chair; and Attorney Robert Downer, representing Streb Investment Partnership. After discussion majority of Council agreed to schedule joint meeting with the Planning and Zoning Commission at 6:00 PM on November 26, prior to their work session. Moved by Wilburn, seconded by Vanderhoef, to continue public hearing to November 27. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilbum, to accept correspondence from John and Mary Gillenwater. Moved by Vanderhoef, seconded by Wilburn, to defer first consideration of the ordinance to November 27. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, that the ordinance to rezone approximately 24.12 acres from Interim Development Single-Family, ID-RS, to Sensitive Areas Overlay Low Density Single-Family, SAO-5, located (First and Rochester, Parts 4-6) east of Hickory Trail, be given first 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 O'Donnell, that the ordinance rezoning to amend the OPDH plan for Village Green Part XVIII to permit nine additional residential units on 4.33 acres of property located west of Scott Boulevard and south of Wellington Drive, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Pfab, that the ordinance to rezone approximately 14.07 acres of property from Low Density Single Family Residential, RS-5, and Planned Development Overlay - Low Density Single Family Residential, OPDH-5, to OPDH-5, for approximately 14.07 acres of property located south of Village Road and north of Wintergreen Drive, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Pfab, to defer indefinitely a resolution approving the preliminary and final plat of Saltzman Subdivision, a 2.8-acre, 3-lot Complete Description November 13, 2001 Page 4 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 O'Donnell, to adopt RES. 01-361, Bk. 126, p. 361, APPROVING THE PRELIMINARY PLAT OF DEAN CAKES SIXTH ADDITION, 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. 01-362, Bk. 126, p. 362, APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES PART FOUR, IOWA CITY, IOWA. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Absent: None. A public discussion was held on ordinance amending the Iowa City Unified Development Code by establishing a temporary moratorium on development within the area roughly circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street, and Benton Street in Iowa City, Iowa. The following individuals appeared: Robynn Shrader, 1105 Weeher; Mary Hitchcock, representing the Ruppert family; Tim Walker, 621 N. Johnson, resident of the Northside Neighborhood; and Ann Kohl, 709 Giblin Dr., representing Miller Orchard Neighborhood. Moved by Champion seconded by Pfab, that the ordinance amending the Iowa City Unified Development Code by establishing a temporary moratorium on development within the area roughly circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street, and Benton Street in Iowa City, Iowa, be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on the issuance of $10,250,000 sewer revenue bonds of Iowa City, Iowa. No one appeared. Moved by Wilburn, seconded by Q'Donnell, to adopt RES. 01-363, Bk. 126, p. 363, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,250,000 SEWER REVENUE BONDS. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-364, Bk. 126, p. 364, DIRECTING THE SALE QF $10,250,000 SEWER REVENUE BONDS, SERIES 2001. 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 construction of the court hill trunk sewer improvements 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. 01-365, Bk. 126, p. 365, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRUNK SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT QF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Sr. Civil Engr. Scott present for discussion. Individual Council Members Complete Description November 13, 2001 Page 5 expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public discussion was held on amending Title 6 of the City Code, entitled "Public Health and Safety" by repealing Chapter 7, entitled "Smoking in Public Places" and enacting a new Chapter 7, entitled "Smoking in Food Establishments." The following individuals appeared: Roger Gingerich, 2035 Abbey Lane; Ralph Wilmoth, Johnson County Department of Health; John Strief, 200 Scott Court, Midtown Family Restaurant; Jim Mondanaro, 3699 Forest Gate Dr, Fresh Food Concepts; Daryl Woodson, 302 Kimball Rd., The Sanctuary; Beth Bollinger, CAFI~. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from Beth Ballinger, Peter Wallace and Nancy Faux-Buhans, R. William Field, Eileen Fisther, Ann Kohl, Charlotte Walker, Amy Charles, James Mondanaro, Ted Hofmann. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, that the ordinance amending Title 6 of the City Code, entitled "Public Health and Safety" by repealing Chapter 7, entitled "Smoking in Public Places" and enacting a new Chapter 7, entitled "Smoking in Food Establishments, "be given first vote. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by Wilburn, to amend the ordinance by modifying the public place definition only in so far as it talks about the restaurant and not applying to seating capacity under 50 and change to read all establishments where food is prepared and served on premises. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to reverse the fine structure outlined in the ordinance and require the smoker pay the $100 fine and the establishment $25. After discussion, motion withdrawn. Moved by Champion, seconded by O'Donnell, that the ordinance be amended to require the $100 fine for both the smoker and the establishment. The Mayor declared the motion to amend defeated, 3/4, with the following show of hands: Ayes: Champion, O'Donnell, Pfab. Nays: Vanderhoef, Wilburn, Kanner, Lehman. Absent: None. Moved by Vanderhoef, seconded by Pfab, to change the percentage used to define a restaurant from the 65/35 to 50/50. The Mayor declared the motion to amend passed, 4/3, with the following show of hands: Ayes: Kanner, Wilburn, Vanderhoef, Pfab. Nays: Lehman, O'Donnell, Champion. Absent: None. Moved by Champion, seconded by O'Donnell, to defer consideration of the amended ordinance to November 27. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef. Nays: Pfab, Wilburn. Absent: None. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 01-366, Bk. 126, p. 366, DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AN AMENDMENT TO THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL PLAN AND PLAN AREA THEREFOR. Individual Council Members Champion, Vanderhoef and Lehman noted a memo from the City Attorney stating that they did not have a conflict of interest on this matter. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab, Kanner. Complete Description November 13, 2001 Page 6 Moved by O'Donnell, seconded by Vanderhoef, that the ordinance providing that general property taxes levied and collected each year on all property located within the City-University Project I (Project No. IA R-14) Urban Renewal Plan Area of the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended City- University project I (Project No. IA R-14) Urban Renewal Redevelopment Project, be given first vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, Q'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," subsection a, entitled "Impoundmerit of Bicycles" to allow the city to impound abandoned bicycles, be given first vote. Individual Council Members expressed their views. Moved by Kanner to amend the ordinance to add seven days once the ticket is given before the bike is taken away and impounded. The City Manager and City Attorney clarified the difference of a tag and a ticket. Council Member Kanner withdrew motion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, that the ordinance amending Section 1-9-3B of the Code of Ordinances of Iowa City, establishing the boundaries of the voting precincts in Iowa City, be given first vote. 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. 01-367, Bk. 126, p. 367, AMENDING IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (A.K.A. CITY STEPS). Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab, Kanner. Moved by Vanderhoef, seconded by Pfab, to defer to November 27, a resolution establishing fees for services and activities of the Iowa City Housing and Inspection Services Department. The Mayor declared the motion carried, 7/0, all Council members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Edwin Barker. The Mayor declared the motion carried, 7/0, all Council Members present. The Mayor noted the previously-announced vacancies: Board of Adjustment - One vacancy to fill a five year term January 1,2002 - January 1,2007. Airport Zoning Board of Adjustment - One vacancy to fill a five year term January 1, 2002 - December 31, 2006. Board of Appeals - One vacancy to fill a five year term January 1,2002 - December 31, 2006. Human Rights Commission - Three vacancies to fill three year terms January 1, 2002 - January 1, 2005. Parks and Recreation Commission - One vacancy to fill a four year term January 1, 2002 - January 1, 2006. Public Art Advisory Committee - Two vacancies to fill three year terms January 1, 2002 - January 1, 2005. Senior Center Commission - Two vacancies to fill three year terms January 1,2002 - December 31, 2004. Applications must be received by 5:00 p.m., Wednesday, November 14. 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, November 21. Complete Description November 13, 2001 Page 7 Animal Care and Adoption Center Advisory Board - One vacancy to fill an unexpired term ending December 31,2003. Applications must be received by 5:00 p.m., Wednesday, December 5. Council Member Pfab requested that a staff response be furnished to Council regarding issues brought up by Doren Kuster, Advanced Drainage Systems, during public discussion. Council Member Kanner requested an update of the sustained PCRB complaint and Council discussion of the matter. The City Manager stated that Asst. City Arty. Holecek and PCRB Legal Counsel Pugh were discussing the matter, and a written response is forthcoming; noted a lecture on November 14 by the founder of Common Sense for Drug Policy Foundation; noted the memo from the City Manager re Cite and Release Policy for the Police Department, and questioned the issuance of citations for appearances in court for marijuana arrests. A majority of Council was not interested in pursing the suggestion. A majority of Council did request a jail update be scheduled for the upcoming joint jurisdiction meeting scheduled in January. Mayor Lehman reported that the downtown holiday lights were being done cou~esy of the Electrical Workers Union of Iowa City and Cedar Rapids, and stated they desired a big thank you. Moved by O'Donnell, seconded by Champion, to adjourn 10:05 p.m. The ~. Lehman, Mayor Ma~r'n K. K:'u"'~'~2arr,~Ci~y Cler~k 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 - 10/23/01 Iowa City City Council, special meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed "Change Your Clock, Change Your Battery" Day - October 28, Fire Dept. Lt. Lacina, accepting. Community and Regional Planning Day - November 8, Ann Bovbjerg, accepting. All Johnson County Reads the Same Book - October 22 - December 5, Burns Weston, accepting. (Proclamation for United Nations Day read later in the meeting). The Mayor announced that tickets were still available for the Human Rights Breakfast scheduled for October 25. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meeting of October 8, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Commission - August 27. Planning and Zoning Commission - September 20. Police Citizens Review Board - September 11. Public Art Advisory Committee - September 6. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Hanrahan's Pub, 210 N. Linn St. RES. 01- 330, TO ISSUE CIGARETTE PERMIT Hanrahan's Pub, 210 N. Linn St. Renewals: Class C Liquor License for Brown Bottle, 115 E. Washington St. Class C Liquor License for La Casa, 1200 S. Gilbert Ct. Class C Beer Permit for Dell Mart #1,525 Hwy 1 West. Class C Beer Permit for Mini Mart, 731 S. Riverside Dr. Class C Beer Permit for Kirkwood Hawkeye Convenience Stores, 300 Kirkwood Ave. RES. 01-331, TO ISSUE CIGARETTE REFUND for Paul's of Iowa City, 424 Hwy. 1 West. Motions: Accepting abstract of City Council primary election of October 9, 2001. Approve disbursements in the amount of $16,578,297.57 for the period of September 1 through September 30, 2001, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 01-332, FIXING DATE FOR A MEETING ON THE ISSUANCE OF $10,250,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 01-333, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRUNK SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 01-334, ACCEPTING THE WORK FOR THE ROCHESTER AVENUE PCC PAVEMENT REHABILITATION PROJECT. RES. 01-335, ACCEPTING THE WORK FOR THE CITY OF IOWA CITY CABLE TV DIVISION OFFICES PROJECT. RES. 01-336, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ON LOT 7, HIGHLANDER Official Actions October 23, 2001 Page 2 DEVELOPMENT FIRST ADDITION, IOWA CITY, IOWA. RES. 01-337, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO REHABILITATION AGREEMENTS, TWO PROMISSORY NOTES, TWO MORTGAGES, A FINANCING STATEMENT (UCC4), AND AN AMENDED PROMISSORY NOTE AND MORTGAGE FOR THE PROPERTY LOCATED AT 1902 H STREET, IOWA CITY, IOWA. RES. 01-338, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT AND STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 328 4TM AVENUE, IOWA CITY, IOWA. RES. 01-339, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HAWKEYE STATE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 416 SOUTH DODGE STREET, IOWA CITY, IOWA. RES. 01-340, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HAWKEYE STATE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA. RES. 01-341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ABBE. INC, CEDAR RAPIDS, IOWA, FOR PROPERTY LOCATED AT 817 - 825 PEPPERWOOD LANE, IOWA CITY, IOWA. RES. 01-342, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 811 HUDSON AVENUE, IOWA CITY, IOWA. Correspondence: William Field regarding Smoking. Greg Probst regarding Bulky Item Collection, Andrea Lichtenberger regarding Alcohol Ordinance. John Darnauer regarding Tower Place Signage. Carde Watson regarding Invitation to Visit High School Classroom. James Throgmorton regarding Invitation to Presentation. James Lee regarding Walter Lee v. US Government. Bobby Jett regarding 64-1a. Rod Sullivan (The Arc) regarding Funding Request. John Maxwell regarding Public Power. Carol DeProsse regarding Drugs. Traffic Engineering Planner regarding Installation of a NO PARKING HERE TO CORNER sign on the north side of River Street. Previously distributed regarding Smoking: Lorraine Bailey, Anne Gasperetti, Suzanne Jacque, S.L. Westcott, M. Jeanne Bock, Joni Troester, Kelly Dunham, Susan Goodner, Carma Bylund, Martha Rosett Lutz. Kelly Donham regarding smoking. John Meyer regarding Water Bill. Helene Hembreiker regarding Franchise. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jay Honohan, Senior Center Commission Chair, presented an update on activities at the Center. Christopher Merrill, Director of International Writing Program, and David Skorton, University of Iowa Vice-President, requested the City join with the University in establishing Iowa City as a safe haven for writers at risk. Moved and seconded to accept correspondence. The Mayor declared the motion carried. Council directed staff to schedule the matter for an upcoming work session. Dan Leney appeared regarding the loss of his drivers license. Official Actions October 23, 2001 Page 3 Moved and seconded to set a public hearing for November 13 on an ordinance to rezone from Medium Density Single Family (RS-8) to Historic Preservation Oveday (RS-8/OHP) for properties within the Longfellow Neighborhood to establish the Longfellow Historic District. The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 13 on an ordinance to rezone from Medium Density Single Family (RS-8) to Conservation District Overlay (RS-8/OCD) for properties within the Longfellow Neighborhood to establish the Clark Street Conservation District. The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 13 on an ordinance to rezone from Medium Density Single Family (RS-8) to Conservation District Overly (RS-8/OCD) for properties within the Longfellow Neighborhood to establish the Dearborn Street Conservation District. The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 13 on an ordinance to vacate 11,800 square feet of undeveloped Kirkwood Avenue right-of- way located south of the Church of Christ parking lot at 1320 Kirkwood Avenue. The Mayor declared the motion carried. A public hearing was held on an ordinance to rezone approximately 3.07 acres (Buss) from Medium Density Multifamily, RM-20, to Medium Density Single Family, RS-8, located at 747 W. Benton Street. Barbara Buss, 747 W. Benton, appeared. Moved and seconded to accept correspondence from Ms. Buss. The Mayor declared the motion carried. A public hearing was held on an ordinance to rezone approximately 6.15 acres from Intensive Commercial, C1-1, to Community Commercial, CC-2, located at Commerce Drive and Liberty Drive. The following individuals appeared: Atty. Bob Downer, representing Streb Investment Partnership; Robert Cramer, President Fareway Stores; Planning & Zoning Chair Ann Bovbjerg; Don Peterson, Hawkeye Oil Company; Louise Young, Capitol House Apartments; 'Patsy Benhart, Bon Aire; Emma Mills; Dale Nicoson, N. Van Buren St. Moved and seconded to accept correspondence from: Petition with 13 names, Loraine Bailey, Tami Shaw, Angela Klein, Atty. Bob Downer. The Mayor declared the motion carried. Moved and seconded to continue public hearing to November 13. The Mayor declared the motion carried. Council directed staff to place a vote on the November 13 agenda for this item. A public hearing was held an ordinance to rezone approximately 24.12 acres from Interim Development Single-Family, (First and Rochester, Part 4) ID-RS, to Sensitive Areas Overlay Low Density Single-Family, SAO-5, located east of Hickory Trail. A public hearing was held on a rezoning ordinance to amend the OPDH plan for Village Green Part XVIII to permit nine additional residential units on 4.33 acres of property located west of Scott Boulevard and south of Wellington Drive. A public hearing was held on an ordinance to rezone approximately 14.07 acres of property from Low Density Single Family Residential, RS-5, and Planned Development Overlay - Low Density Single Family Residential, OPDH-5, to OPDH-5, for approximately 14.07 acres of property located south of Village Road and north of Wintergreen Drive. Moved and seconded that ORD. 01-3985, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED "SIGN REGULATIONS," TO PERMIT CANOPY ROOF SIGNS, AS A PERMITTED SIGN IN THE CB-2, Official Actions October 23, 2001 Page 4 CENTRAL BUSINESS SUPPORT ZONE, CB-5, CENTRAL BUSINESS SUPPORT ZONE AND THE CB-10, CENTRAL BUSINESS DISTRICT ZONE, be passed and adopted. Moved and seconded to adopt RES. 01-343, APPROVING THE FINAL PLAT OF A RESUBDIVISION OF LOT 236, WASHINGTON PARK ADDITION, PART 11 AND AUDITOR'S PARCEL 2001023, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 01-344, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF PRAIRIES EDGE SUBDIVISION, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 01-345, APPROVING THE FINAL PLAT OF WINDSOR RIDGE - PART ELEVEN A, IOWA CITY, IOWA. A public hearing was held on plans, specifications, form of contract, and estimate of cost of construction of a universal design single family home under the Affordable Dream Home Opportunities Program (1821 B Street), establishing amount of bid security to accompany each bid, directing the City Clerk to public advertisement for bids, and fixing time and place for receipt of bids. Marilyn Belman, 922 E. Jefferson St., appeared. Moved and seconded to adopt RES. 01-346, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, (1821 B STREET), ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLIC 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 construction of the Recreation and Civic Center HVAC and Plumbing 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. Moved and seconded to adopt RES. 01-347, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RECREATION AND CIVIC CENTER HVAC AND PLUMBING 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. A public hearing was held on approving proceeding with the issuance and sale of not to exceed $40,000,000 aggregate principal amount of revenue bonds (ACT, Inc. Project) series 2001 of Iowa City, Iowa. Tom Goedken, ACT, appeared. Moved and seconded to adopt RES. 01-348, PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $40,000,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS (ACT, INC. PROJECT) SERIES 2001 OF IOWA CITY, IOWA. A public hearing was held on a proposed amendment to the City-University Project I Urban Renewal Plan and plan area in the City of Iowa City, IA. Moved and seconded to defer to November 13, ordinance amending the Iowa City Unified Development Code by establishing a temporary moratorium on development within the area roughly circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street, and Benton street in Iowa City, Iowa. The Mayor declared the Official Actions October 23, 2001 Page 5 motion carried. Moved and seconded to accept correspondence from: William Knabe; and Chuck Meardon. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-349, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2002. Moved and seconded to adopt RES. 01-350, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER STATION PROJECT. Moved and seconded to adopt RES. 01-351, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE SEEDING PROJECT. Moved and seconded to adopt RES. 01-352, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HICKORY HILL PARK TRAIL PROJECT. Moved and seconded to adopt RES. 01-353, ESTABLISHING THE NEIGHBORHOOD HOUSING RELATIONS TASK FORCE, as amended. Moved and seconded to amend the resolution by inserting the following names: Apartment Association-Anne Vespa, Larry Svoboda, Ted Chambers; Tenants Interests-Nick Klenske, Mike Newman, Mike Carberry; Neighborhood Council representatives-Jerry Hansen, Tim Walker, Ann Freerks; Representative of the Assn. Of Realtors-to be added later; Chair-Hillary Sale. The Mayor proclaimed United Nations Day - October 24, Marti Horan accepting. Moved and seconded to appoint Pat Schnack, 2324 Mayfield Road to the Board of Library Trustees for one appointment to fill an unexpired term ending July 1, 2007. The Mayor declared the motion carried. The Mayor noted the vacancy on the Housing & Community Development Commission for one appointment to fill an unexpired term ending September 1, 2002, will be readvertised. The Mayor noted the current vacancy: Animal Care and Adoption Center Advisory Board - One vacancy to fill an unexpired term ending December 31, 2003 Applications must be received by 5:00 p.m., Wednesday, December 5. The Mayor noted the previously-announced vacancies: Board of Adjustment - One vacancy to fill a five year term January 1, 2002 - January 1, 2007; Airport Zoning Board of Adjustment - One vacancy to fill a five year term January 1, 2002 - December 31, 2006; Board of Appeals - One vacancy to fill a five year term January 1, 2002 - December 31, 2006; Human Rights Commission - Three vacancies to fill three year terms January 1, 2002 - January 1, 2005. Parks and Recreation Commission - One vacancy to fill a four year term January 1,2002 - January 1, 2006; Public Art Advisory Committee - Two vacancies to fill three year terms January 1, 2002 - January 1, 2005; Senior Center Commission - Two vacancies to fill three year terms January 1, 2002 - December 31, 2004. Applications must be received by 5:00 p.m., Wednesday, November 14. Moved and seconded to adjourn 9:25 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. Official Actions October 23, 2001 Page 6 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 - 10/30/01 Iowa City City Council meeting, 5:00 p.m. at the Civic Center. Mayor Pro tem O'Donnell presiding. Council Members present: Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: Lehman. 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 Pro tem declared the motion carried. Moved and seconded to adjourn the special meeting at 5:15 p.m. The Mayor Pro tem 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 Subn~'~for publication - 11/1/01 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 OCTOBER 23, 2001 Iowa City City Council, special meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Trueblood, Knoche. Council minutes tape recorded on Tape 01-98, Both Sides, Tape 01-99, Side 1. The Mayor proclaimed "Change Your Clock, Change Your Battery" Day - October 28, Fire Dept. Lt. Lacina, accepting. Community and Regional Planning Day - November 8, Ann Bovbjerg, accepting. All Johnson County Reads the Same Book - October 22 - December 5, Burns Weston, accepting. (Proclamation for United Nations Day read later in the meeting). The Mayor announced that tickets were still available for the Human Rights Breakfast scheduled for October 25. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meeting of October 8, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Commission - August 27. Planning and Zoning Commission - September 20. Police Citizens Review Board - September 11. Public Art Advisory Committee - September 6. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Hanrahan, Inc., dba Hanrahan's Pub, 210 N. Linn St. RES. 01-330, Bk. 126, p. 330, TO ISSUE CIGARETTE PERMIT Hanrahan, Inc., dba Hanrahan's Pub, 210 N. Linn St. Renewals: Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington St. Class C Liquor License for La Casa, Ltd., dba La Casa, 1200 S. Gilbert Ct. Class C Beer Permit for Dell Mart, Corp., dba Dell Mart #1,525 Hwy 1 West. Class C Beer Permit for Krishna, Inc., dba Mini Mart, 731 S. Riverside Dr. Class C Beer Permit for Inland Transport Company dba Kirkwood Hawkeye Convenience Stores, 300 Kirkwood Ave. RES. 01-331, Bk. 126, p. 331, TO ISSUE CIGARETTE REFUND for Paul's Discount of Iowa City, Inc., dba Paul's of Iowa City, 424 Hwy. I West. Motions: Accepting abstract of City Council primary election of October 9, 2001. Approve disbursements in the amount of $16,578,297.57 for the period of September 1 through September 30, 2001, as recommended by the Finance Director subject to audit. Setting Public Hearings, Bk. 126: RES. 01-332, p. 332, FIXING DATE FOR A MEETING (November 13) ON THE ISSUANCE OF $10,250,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 01-333, p. 333, SETTING A PUBLIC HEARING for November 13 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRUNK SEWER IMPROVEMENTS PROJECT, 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: RES. 01-334, p. 338, ACCEPTING THE WORK FOR THE ROCHESTER AVENUE PCC PAVEMENT REHABILITATION Complete Description October 23, 2001 Page 2 PROJECT. RES. 01-335, p. 335, ACCEPTING THE WORK FOR THE CITY OF IOWA CITY CABLE TV DIVISION OFFICES PROJECT. RES. 01-336, p. 336, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ON LOT 7, HIGHLANDER DEVELOPMENT FIRST ADDITION, IOWA CITY, IOWA. RES. 01-337, p. 337, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO REHABILITATION AGREEMENTS, TWO PROMISSORY NOTES, TWO MORTGAGES, A FINANCING STATEMENT (UCC4), AND AN AMENDED PROMISSORY NOTE AND MORTGAGE FOR THE PROPERTY LOCATED AT 1902 H STREET, IOWA CITY, IOWA. RES. 01-338, p. 338, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT AND STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 328 4TM AVENUE, IOWA CITY, IOWA. RES. 01-339, p. 339, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HAWKEYE STATE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 416 SOUTH DODGE STREET, IOWA CITY, IOWA. RES. 01- 340, p. 340, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HAWKEYE STATE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA. RES. 01-341, p. 341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ABBE. INC, CEDAR RAPIDS, IOWA, FOR PROPERTY LOCATED AT 817 - 825 PEPPERWOOD LANE, IOWA CITY, IOWA. RES. 01-342, p. 342, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 811 HUDSON AVENUE, IOWA CITY, IOWA. Correspondence: William Field regarding Smoking. Greg Probst regarding Bulky Item Collection. Andrea Lichtenberger regarding Alcohol Ordinance. John Darnauer regarding Tower Place Signage. Carrie Watson regarding Invitation to Visit High School Classroom. James Throgmorton regarding Invitation to Presentation. James Lee regarding Walter Lee v. US Government. Bobby Jett regarding 64-1a. Rod Sullivan (The Arc) regarding Funding Request. John Maxwell regarding Public Power. Carol DeProsse regarding Drugs. Traffic Engineering Planner regarding Installation of a NO PARKING HERE TO CORNER sign on the north side of River Street. Previously distributed regarding Smoking: Lorraine Bailey, Anne Gasperetti, Suzanne Jacque, S.L. Westcott, M. Jeanne Bock, Joni Troester, Kelly Dunham, Susan Goodner, Carma Bylund, Martha Rosett Lutz. Kelly Donham regarding smoking. John Meyer regarding Water Bill. Helene Hembreiker regarding Franchise. Council Member Wilburn requested the City Clerk consider distribution of a simplified version of the alcohol ordinance to all liquor licensees. Staff will follow up. Council Member Kanner stated he would be accepting the invitation from James Throgmorton to attend a presentation from Professor Frug. Affirmative roll call vote Complete Description October 23, 2001 Page 3 unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jay Honohan, Senior Center Commission Chair, presented an update on activities at the Center. Christopher Merrill, Director of International Writing Program, and David Skorton, University of Iowa Vice-President, requested the City join with the University in establishing Iowa City as a safe haven for writers at risk. Moved by O'Donnell, seconded by Wilburn, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council directed staff to schedule the matter for an upcoming work session. Dan Leney appeared regarding the loss of his drivers license. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for November 13 on an ordinance to rezone from Medium Density Single Family (RS-8) to Historic Preservation Overlay (RS-8/OHP) for properties within the Longfellow Neighborhood to establish the Longfellow Historic District. 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 November 13 on an ordinance to rezone from Medium Density Single Family (RS-8) to Conservation District Overlay (RS-8/OCD) for properties within the Longfellow Neighborhood to establish the Clark Street Conservation District. 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 November 13 on an ordinance to rezone from Medium Density Single Family (RS-8) to Conservation District Overly (RS-8/OCD) for properties within the Longfellow Neighborhood to establish the Dearborn Street Conservation District. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to set a public hearing for November 13 on an ordinance to vacate 11,800 square feet of undeveloped Kirkwood Avenue right-of-way located south of the Church of Christ parking lot at 1320 Kirkwood Avenue. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance to rezone approximately 3.07 acres (Buss) from Medium Density Multifamily, RM-20, to Medium Density Single Family, RS-8, located at 747 W. Benton Street. Barbara Buss, 747 W. Benton, appeared. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Ms. Buss. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance to rezone approximately 6.15 acres (Fareway) from Intensive Commercial, C1-1, to Community Commercial, CC-2, located at Commerce Drive and Liberty Drive. The following individuals appeared: Atty. Bob Downer, representing Streb Investment Partnership; Robert Cramer, President Fareway Stores; Planning & Zoning Chair Ann Bovbjerg; Don Peterson, Hawkeye Oil Company; Louise Young, Capitol House Apartments; 'Patsy Benhart, Bon Aire; Emma Mills; Dale Nicoson, N. Van Buren St. Moved by O'Donnell, seconded by Pfab, to accept correspondence from: Petition with 13 names, Loraine Bailey, Tami Shaw, Angela Klein, Arty. Bob Downer. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to continue public hearing to November 13. The Mayor declared the motion carried, 7/0, all Council Members present. Council directed staff to place a vote on the November 13 agenda for this item. Complete Description October 23, 2001 Page 4 A public hearing was held an ordinance to rezone approximately 24.12 acres from Interim Development Single-Family, (First and Rochester, Part 4) ID-RS, to Sensitive Areas Overlay Low Density Single-Family, SAO-5, located east of Hickory Trail. No one appeared. A public hearing was held on a rezoning ordinance to amend the OPDH plan for Village Green Part XVIII to permit nine additional residential units on 4.33 acres of property located west of Scott Boulevard and south of Wellington Drive. No one appeared. A public hearing was held on an ordinance to rezone approximately 14.07 acres (Village Green, Parts 19-20) of property from Low Density Single Family Residential, RS-5, and Planned Development Overlay - Low Density Single Family Residential, OPDH-5, to OPDH-5, for approximately 14.07 acres of property located south of Village Road and north of Wintergreen Drive. No one appeared. Moved by O'Donnell, seconded by Wilburn, that ORD. 01-3985, Bk. 44, p. 31, AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED "SIGN REGULATIONS," TO PERMIT CANOPY ROOF SIGNS, AS A PERMITTED SIGN IN THE CB-2, CENTRAL BUSINESS SUPPORT ZONE, CB-5, CENTRAL BUSINESS SUPPORT ZONE AND THE CB-10, CENTRAL BUSINESS DISTRICT ZONE, 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, to adopt RES. 01-343, Bk. 126, p. 343, APPROVING THE FINAL PLAT OF A RESUBDIVISION OF LOT 236, WASHINGTON PARK ADDITION, PART 11 (Arbor Hill), AND AUDITOR'S PARCEL 2001023, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-344, Bk. 126, p. 344, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF PRAIRIES EDGE SUBDIVISION, JOHNSON COUNTY, IOWA. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-345, Bk. 126, p. 345, APPROVING THE FINAL PLAT OF WINDSOR RIDGE - PART ELEVEN A, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost of construction of a universal design single family home under the Affordable Dream Home Opportunities Program (1821 B Street), establishing amount of bid security to accompany each bid, directing the City Clerk to public advertisement for bids, and fixing time and place for receipt of bids. Marilyn Belman, 922 E. Jefferson St., appeared. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-346, Bk. 126, p. 346, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, (1821 B STREET), ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLIC ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Individual Council Members expressed their views. Affirmative roll call vote Complete Description October 23, 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 Recreation and Civic Center HVAC and Plumbing 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. Parks & Rec. Dir. Trueblood present for discussion. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-347, Bk.126, p. 347, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RECREATION AND CIVIC CENTER HVAC AND PLUMBING 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, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on approving proceeding with the issuance and sale of not to exceed $40,000,000 aggregate principal amount of revenue bonds (ACT, Inc. Project) series 2001 of Iowa City, Iowa. Tom Goedken, ACT, appeared. Moved by Wilburn, seconded by Pfab, to adopt RES. 01-348, Bk. 126, p. 348, PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $40,000,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS (ACT, INC. PROJECT) SERIES 2001 OF IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a proposed amendment to the City-University Project I Urban Renewal Plan and plan area in the City of Iowa City, IA. Council Member Vanderhoef stated that the City legal department were notified property she owned in the area but she could participate in this vote as there was no conflict of interest. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to defer to November 13, ordinance amending the Iowa City Unified Development Code by establishing a temporary moratorium on development within the area roughly circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street, and Benton street in Iowa City, Iowa. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from: William Knabe; and Chuck Meardon. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 01-349, Bk. 126, p. 349, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2002. 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. 01-350, Bk. 126, p. 350, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER STATION PROJECT to Wendler Engineering & Construction for $835,568.00. Sr. Civil Engr. Knoche 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. Complete Description October 23, 2001 Page 6 Moved by Vanderhoef, seconded by Champion, to adopt RES. 01-351, Bk. 126, p. 351, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE SEEDING PROJECT to Bush Seeding Company, Inc. for $96,119.00. 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. 01-352, Bk. 126, p. 352, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HICKORY HILL PARK TRAIL PROJECT to Peterson Contractors, Inc. for $469,816.50. Parks & Rec. Dir. Trueblood present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 01-353, Bk. 126, p. 353, ESTABLISHING THE NEIGHBORHOOD HOUSING RELATIONS TASK FORCE as amended. Moved by Pfab, seconded by Q'Donnell, to amend the resolution by inserting the following names: Apartment Association-Anne Vespa, Larry Svoboda, Ted Chambers; Tenants Interests-Nick Klenske, Mike Newman, Mike Carberry; Neighborhood Council representatives-Jerry Hansen, Tim Walker, Ann Freerks; Representative of the Assn. Of Realtors-to be added later; Chair-Hillary Sale. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Individual Council Members expressed their views. The Mayor declared the resolution adopted as amended, 6/1, with the following division of roll call vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Pfab, Wilburn. Nays: Vanderhoef. Absent: None. The Mayor proclaimed United Nations Day - October 24, Marti Horan accepting. Moved by Vanderhoef, seconded by Pfab, to appoint Pat Schnack, 2324 Mayfield Road to the Board of Library Trustees for one appointment to fill an unexpired term ending July 1,2007. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Kanner requested that the agenda indicate designated slots on Boards and Commissions similar to what is published. Staff will follow up. The Mayor noted the vacancy on the Housing & Community Development Commission for one appointment to fill an unexpired term ending September 1, 2002, will be readvertised. The Mayor noted the current vacancy: Animal Care and Adoption Center Advisory Board - One vacancy to fill an unexpired term ending December 31, 2003 Applications must be received by 5:00 p.m., Wednesday, December 5. The Mayor noted the previously-announced vacancies: Board of Adjustment - One vacancy to fill a five year term January 1,2002 - January 1,2007; Airport Zoning Board of Adjustment - One vacancy to fill a five year term January 1, 2002 - December 31, 2006; Board of Appeals - One vacancy to fill a five year term January 1, 2002 - December 31, 2006; Human Rights Commission - Three vacancies to fill three year terms January 1, 2002 - January 1,2005. Parks and Recreation Commission - One vacancy to fill a four year term January 1, 2002 - January 1, 2006; Public Art Advisory Committee - Two vacancies to fill three year terms January 1, 2002 - January 1, 2005; Senior Center Commission - Two vacancies to fill three year terms January 1, 2002 - December 31, 2004. Applications must be received by 5:00 p.m., Wednesday, November 14. Complete Description October 23, 2001 Page 7 Council Member Champion noted absentee ballots were available and encouraged people to vote. Council Member O'Donnell stressed the importance of voting. Council Member Wilbum congratulated the Iowa School District for participating in the Kids Vote campaign again this year. Council Member Kanner noted the election currently underway at New Pioneer Co-op; reported on his visit to the Domestic Violence Invention Program and their need for volunteers and financial support; dedication of the downtown Literary Walk; thanked Carol Spaziani and Nancy Purington for coming up with the idea of the Public Art Advisory Committee; and noted the memo on the loss of $30,000 from the transit funds and requested further information on the effect to the operating fund reserves. City Manager will follow up. Mayor Lehman noted the Literary Walk was a fine example of City and University worked together to create something special for the community. Moved by O'Donnell, seconded by Pfab, to adjourn 9:25 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 OCTOBER 30, 2001 Iowa City City Council meeting, 5:00 p.m. at the Civic Center. Mayor Pro tem O'Donnell presiding. Council Members present: Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilbum. Absent: Lehman. Staff members present: Arkins, Karr. Council minutes tape recorded on Tape 01-99, Side 2. Moved by Pfab, 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, 6/0, Lehman absent. The Mayor Pro tem declared the motion carried and adjourned into executive session at 5:03 p.m. Council returned to open session 5:13 p.m. Moved by Champion, seconded by Kanner, to adjourn the special meeting at 5:15 p.m. The Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk