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HomeMy WebLinkAbout2001-11-27 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 27, 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, Karr, Dilkes, Franklin, Boothroy. Council minutes tape record on Tape 01- 106, Side 2, Tape 01-107, Side 1. The Mayor presented Outstanding Student Citizen Awards to Regina Elementary students: Stephen Grabowski, Shannon Bockenstedt, Juliana Kleist- Mendez. Moved by Champion, seconded by O'Donnell, 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 November 12 and November 13, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission - September 13. Iowa City Airport Commission - October 11. Iowa City Airport Commission - October 17. Iowa City Airport Commission - October 23. Iowa City Airport Commission - October 25. Iowa City Airport Commission - November 1. Iowa City Public Art Advisory Committee - October 11. Iowa City Public Library Board of Trustees - October 15. Police Citizens Review Board - October 9. Permit Motions and Resolutions as Recommended by the City Clerk. New. Class B Beer Permit for All Good Things, Inc., dba The Monkey House, 1660 Sycamore St., # 50. Renewals: Special Class C Liquor License for India Caf~ Corp., dba India Caf~, 227 E. Washington St. Refund an unused portion of a Class C Liquor License for GMRI, Inc., dba Red Lobster #759. Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St. Class B Wine Permit for Linn Street Caf~, Inc., dba Linn Street Caf~, 121 N Linn Street. Motions: Accept Abstract of Votes for the Iowa City Election held on November 6, 2001. Resolutions, Bk. 126: RES. 01-368, p. 368, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE QF LIEN REGARDING A REHABILITATION AGREEMENT, AN ADDENDUM TO REAL ESTATE CONTRACT AND A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 229 SOUTH SUMMIT STREET, IOWA CITY, IOWA. RES. 01-369, p. 369, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 629 RONALDS STREET, IOWA CITY, IOWA. RES. 01-370, p. 370, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A STATEMENT OF LIFE LIEN AND AN AMENDED STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1822 H STREET, IOWA CITY, IOWA. RES. 01-371, p. 371, 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 Complete Description November 27, 2001 Page 2 AT 1204 BROOKWOOD DRIVE, IOWA CITY, IOWA. RESo 01-372, p. 372, FIXING DATE FOR A MEETING (December 11,2001) ON THE PROPOSAL TO ENTER INTO A REVISED DEVELOPMENT AGREEMENT WITH SEABURY & SMITH, INC. AND SOUTHGATE DEVELOPMENT COMPANY, INC., AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Correspondence: Mark Hollingsworth - Mental Illness and Law Enforcement. Jerry Feick - Request for assistance. Joe Peterson - First Avenue. Council Member Kanner acknowledged the acceptance of the Abstract of the Election and congratulated Council Members Champion, Lehman and O'Donnell on their re-election, and challengers Brandon Ross, Leah Cohen, and John Robertson. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Charity Rowley, Senior Center Commission, updated Council on activities at the Center. A public hearing was held on an ordinance to fezone .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. No one appeared. The Mayor stated he had a conflict of interest on the next item and left the meeting. Mayor Pro tem O'Donnell presiding. A public hearing was held on an ordinance to vacate West Benton Court (Oaknoll) north of Benton Street. Atty. Bob Downer, representing Oaknoll Retirement Residence, appeared. Mayor Lehman returned to the meeting. The public hearing was held on an ordinance rezoning 1.38 acres from High Density Multi-Family Residential, RM-44, to Medium Density Multi-Family Residential, RM-20 for property located (Benton Villa) at 1045-1075 W. Benton Street. Judith Klink, 1101 Harlocke Street, appeared. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Judith Klink withdrawing her rezoning request. The Mayor declared the motion to withdraw carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning approximately 6.15 acres from Intensive Commercial, C1-1, to Community Commercial, CC-2, located at Commerce Drive and Liberty Drive (Fareway). Atty. Bob Downer, representing Streb Investment Partnership, appeared. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence signed by 11 individuals. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by O'Donnell, that the ordinance rezoning approximately 6.15 acres from Intensive Commercial, C1-1, to Commanity Commercial, CC-2, located at Commerce Drive and Liberty Drive (Fareway), be deferred indefinitely. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, that the 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, 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 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, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description November 27, 2001 Page 3 Moved by Vanderhoef, seconded by O'Donnell, that the 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, 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, that the 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, 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 O'Donnell, that the ordinance to rezone approximately 3.07 acres from Medium Density Multifamily, RM-20, to Medium Density Single Family, RS-8, located at 747 W. Benton Street, (Buss) be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that 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 east of Hickory Trail (First & Rochester, Parts 4-6), be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Champion, Kanner. Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Absent: None. Moved by Champion, seconded by Pfab, that the rezoning ordinance to amend the OPDH plan for Village Green Part XVlll to permit nine additional residential units on 4.33 acres of property located west of Scott Boulevard and south of Wellington Drive, 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 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending title 5, "Business and License Regulations," Chapter 2, "Vehicles for Hire," of the City Code clarifying definition of Vehicles for Hire, adding requirements for certified State of Iowa criminal history information prior to issuance of any driving badge, and removing the requirement for a distinctive color scheme for vehicles f6r hire and providing language requiring a permit from the Division of Animal Control for operating a horse-drawn vehicle, be given first vote. Individual Council Members expressed their views. Moved by Kanner, seconded by Pfab, to amend the ordinance to include an appeal process in the event the Police Chief would deny an application. The Mayor declared the motion defeated, 1/6, with the following division of voice vote: Ayes: Kanner. Nays: Champion, Lehman, O'Donnell, Pfab, Wilburn, Vanderhoef. Absent: None. Moved by Kanner, seconded by Pfab, to include the Police Chiefs criteria used for denying an application as part of the ordinance. The Mayor declared the motion defeated, 1/6, with the following division of voice vote: Ayes: Kanner. Nays: Champion, Lehman, O'Donnell, Pfab, Wilburn, Vanderhoef. Absent: None. Moved by Champion, seconded by O'Donnell, to delete the requirement for a permit from the Division of Animal Control for Operating a Horse Drawn Vehicle. The Mayor declared the motion carried, 6/1, with the following Complete Description November 27, 2001 Page 4 division of voice vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner, Absent: None. Affirmative roll call vote unanimous on first consideration of the ordinance as amended, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Vanderhoef, 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. Moved by Vanderhoef, seconded by Pfab, to amend the ordinance, as set forth in the City Atty. memo dated November 27, by amending Section 6-7-5 to provide for a temporary exception from the smoking prohibitions for changes in operation and to specifically address new businesses, and to add a provision requiring sales of alcoholic beverages be a percentage of gross receipts of food, beverages and alcoholic beverages (rather than all gross receipts as currently stated). The Mayor declared the motion carried, 7/0, all Council Members present. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by Champion, to amend the ordinance to use the State Code definition of "public place". The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to amend the ordinance to provide the percentage of sales of alcoholic beverages required for an exception shall increase to 65% in two years. The Mayor declared the motion carried, 4/3, with the following show of hands vote: Ayes: Vanderhoef, Wilburn, Kanner, Pfab. Nays: Champion, Lehman, O'Donnell. Absent: None. Moved by Champion, seconded by O'Donnell, to amend the percentage from the 50/50 back to 65/35. The following individuals appeared: Jim Mondanaro, owner of Mickey's/Giovanni's/Mondo's; Keith Dempster, Mill; Daryl Woodson, Sanctuary; Russ Schmeiser, Mondo's. The Mayor declared the motion to amend the ordinance back to the 65/35 percentages defeated, 3/4, with the following division of voice vote: Ayes: Champion, Lehman, O'Donnell. Nays: Kanner, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor declared the motion to give first consideration to the ordinance as amended carried, 4/3, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Kanner, Pfab. Nays: Champion, Lehman, O'Donnell. Absent: None. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from the following individuals: Marc Abbott, Alan Achtner, Nic Arp, Paula Balkenende, Beth Ballinger, Philip Beck, Sandy Beck, Susan Beckett, Audra Black, Chris Bock, Diane Zaerr Brenneman, Janice & Norman Buckholtz, Elaina Buzzell, Ralph Cap, Mike Carberry (2), Cheryl Carrington, Susan Chambers, James Christensen, Tom Chute, Cheryl Clamon, Stefanie Cook, John Cord, L. Graham Dameron, Jennifer Danielson (2), Stephanie DeMarr, Kristen Darrah, Pam Dempster, Katharine Dengler, Carol DeProsse, Shelly Deutsch, Caroline Dieterie, Dave Dowell, James Dreier, Scott Duncan, Theresa Dunnington, Dennis Dunnwald, Martine Dunnwald, Sandy Dyas, Barbara Elias, Emily Embree, Patricia Ephgrave, Mary Ervanian, Kara &Stan Fellows, John Ferguson, Bill Field (3), Eileen Fisher (2), Mickey Fixsen, Jason Fowler, Bila Frank, Susan Futrell, Thomas Gates, Roger Gingrich, Renee Gould, Dai Gwilliam, Bradley Harris, Laurie Haag, Nila Haug, Anton Hatwich, Lucille Heitman, Betsy Hickok, Ted Hofmann, Brook Hoover, Brian Hutchinson, Ryan Hutchinson, Charles Jacoby, Will Jennings, Beth Jones, Steve Jones, John Kammermeyer, Cassandra and Kemp Kernstine, Sally Konrady, Rick Kaster, Lisa Kessler, Randy Kurk, John Lake, Mark Langgin, Marcia Leanhart, Christopher Logue, Bonnie Love, Saul Lubaroff, Walter Maley, Kembrew McLeod, Corey McSparen, John & Lesley Menninger, Kirsten Meredith, Kris Meyer, Matthew Millard, Elyse Miller (2) including cover letter for petitions with 141 signatures, Dave Moore, Jeffrey Morgan, Dan Complete Description November 27, 2001 Page 5 Mueller, Kathryn Musilek, Julie Muskovich, Shawn Neary, Chris Offutt, Irving & Margaret O'Harra, Kevin Owens, Bradley Payne, Coleen Peterson, Jim Peterson, Joe Peterson, Dorsey Phelps, John Previant, Sarah Prineas, John Raeburn, Shanti Rail, Bo Ramsey, John Reimringer, Elizabeth Reynolds, Janelie Rettig, Douglas Roberson, Jerry Roberts, Laura Routh, Barbara & Ronald Ruth, Mike Samos, Brent Sandy, Stacy Savage-Webster, Daryl Sawin, Tamara Schoenbaum, Richard Shirk, Audrey Silk, Nancy Slach, Katie Sparks, Eric Straumanis, Renee Sueppel, Joe Svec, Roger & Dee Swartzendruber, Bob Thompson, Bob Thompson (2), Sam Thompson, Tobias Andrew Veeder, Stanley Wackerman, Susan Well, Patrick White, Barb Widstrom, Steve Winkler, Aaron Wolfe, Stuart Wood, Joan Wulff. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, 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 second vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," subsection a, entitled "lmpoundment of Bicycles" to allow the city to impound abandoned bicycles, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Pfab, to set a public hearing for December 11 on an ordinance amending City Code Section 1-9-3B of the Code of Ordinances establishing the boundaries of the voting precincts. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by O'Donnell, to adopt RES. 01~373, Bk. 126, p. 373, AUTHORIZING THE ISSUANCE AND SALE OF VARIABLE RATE DEMAND REVENUE BONDS (ACT, INC.) SERIES 2001 IN AN AGGREGATE PRINCIPAL AMOUNT OF $40,000,000; THE EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN SAID CITY AND ACT, INC. PROVIDING FOR THE REPAYMENT OF THE LOAN PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT RELATING TO THE SALE OF SAID BONDS; AND RELATED MATTERS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description November 27, 2001 Page 6 Moved by Pfab, seconded Champion, to approve tax exemption certificate for issuance $10,250,000 Sewer Revenue Bonds, Series 2001. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Pfab, to approve continuing disclosure certificate for issuance $10,250,000 Sewer Revenue Bonds, Series 2001. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-374, Bk. 126, p. 374, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $10,250,000 SEWER REVENUE BONDS, SERIES 2001, OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. 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. 01-375, Bk. 126, p. 375, ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT. 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 O'Donnell, seconded by Pfab, to adopt RES. 01-376, Bk. 126, p. 376, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH MOORE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE- FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM (1812 B STREET)to Moore Construction Company for $157,000. HIS Director Boothroy 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 Pfab, to adopt RES. 01-377, Bk. 126, p. 377, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE RECREATION AND CIVIC CENTER HVAC AND PLUMBING REPLACEMENT PROJECT to Ace Refrigeration for $ 484,551.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 01-378, Bk. 126, p. 378, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT SANITARY SEWER EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE OWNERS OF 438 CLARK STREET, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-379, Bk. 126, p. 379, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 656 S. GOVERNOR STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. John Wakefield, 11 Leisure Lane, McCook Lake, SD, appeared. 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. 01-380, Bk. 126, p. 380, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 707 WALNUT STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Barbara Marland appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description November 27, 2001 Page 7 The Mayor requested a motion to move up item #25 recently added to the agenda. Moved by Wilburn, seconded by Pfab, to consider item #25 at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-381, Bk. 126, p. 381, RATIFYING SETTLEMENT OF PENDING LITIGATION, 426 Bayard Street. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted The Mayor noted that the vacancies on the Airport Zoning Board of Adjustment for one appointment to fill a five year term January 1,2002 - December 31,2006; Board of Adjustment for one appointment to fill a five year term January 1, 2002 - January 1,2007; and the Board of Appeals for one appointment to fill a five year term January 1, 2002 - December 31, 2006, will be readvertised. Moved by O'Donnell, seconded by Pfab, to make the following appointments: Human Rights Commission - Rick Spooner, 810 W. Benton Street, Lucia-Mai Page, 903 Highland Avenue, Bobby Peffer, 1912 Hollywood Boulevard, to fill three 3-year terms January 1, 2002 - January 1, 2005; Parks and Recreation Commission - John Westefeld, 4831 Southchase Court, to fill a four year term January 1, 2002 - January 1, 2006; Public Art Advisory Committee - Barbara Camillo, 1111 Sheridan Avenue, and Emily Carter, Walsh, 324 N. Governor, to fill two 3-year terms January 1, 2002 - January 1, 2005; Senior Center Commission - Jay Honohan, 2503 Friendship and William Kelly, 1108 Sunset Street, for two appointments to fill two 3-year terms January 1, 2002 - December 31,2004. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: 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. 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 Champion requested Council schedule discussion of separate rooms, ventilation systems, and other possible issues concerning the smoking in restaurants matter. Council Member Wilburn noted the passing of Betty Simon, and stated she had touched a number of lives in iowa City and will be missed. Council Member Kanner wished the Muslim Citizens well in their fast for Ramadan which just started; and reported on his attendance at the Southgate vs. iowa City trial with a decision expected from the judge in the next week. In response to Kanner, the City Attorney stated if the judge rules in the City's favor,and denies the rezoning request that the property is not subject to the moratorium currently being considered by the Council. Mayor Lehman requested that discussion of the Sensitive Areas Ordinance be considered administratively rather than as a rezoning ordinance. Majority of Council agreed to discuss the matter at an upcoming work session. The City Manager announced the half time score was Duke 41, Iowa 32. Moved by Vanderhoef, seconded by O'Donnell, to adjourn 9:10 p.m. The Complete Description November 27, 2001 Page 8 Marian K. Karr, City Clerk Subject to change as ~nalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. I 11-27-0~ 3a OFFICIAL COUNCIL ACTIONS - 11/12/01 , Iowa City City Council, special meeting 6:05 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Absent: None. Moved and seconded 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; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. the minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 6:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. OFFICIAL COUNCIL ACTIONS - 11/13/01 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 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 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 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, 830 S. Riverside Dr. Class C Liquor License for Que, 211 Iowa Ave. Class C Beer Permit for Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class B Wine Permit for Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class C Beer Permit for Eagle Food Center #157, 600 N. Dodge St. Class B Wine Permit for Eagle Food Center #157, 600 N. Dodge St. RES. 01-354, TO ISSUE A DANCE PERMIT for Que, 211 Iowa Ave. New: Class C Liquor License for The Summit, 10 S. Clinton Street. RES. 01-355, TO ISSUE A DANCE PERMIT for The Summit, 10 S. Clinton Street. RES. 01-356, TO ISSUE CIGARETTE PERMIT for The Summit, 10 S. Clinton Street. Resolutions: RES. 01-357, RATIFYING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR AMERICAN SPIRIT GRANT FUNDS. RES. 01-358, ACCEPTING THE WORK FOR THE IOWA CITY SENIOR CENTER SPRINKLER SYSTEM AND CEILING INSTALLATION PROJECT. RES. 01-359, ACCEPTING THE WORK FOR THE IOWA CITY TRANSIT INTERCHANGE PROJECT PHASE II. RES. 01-360, ACCEPTING 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. Official Actions November 13, 2001 Page 2 The Mayor declared the motion carried. Doren Kuster, Advanced Drainage Systems, appeared. Moved and seconded to accept correspondence. The Mayor declared the motion carried. Rick Praetor stated members of Boy Scout Troop 218 were present as part of their citizenship badge. Moved and seconded 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. Mayor Lehman stated he had a conflict of interest on the next item and noted Mayor Pro tern O'Donnell would be presiding. Moved and seconded to set a public hearing for November 27 on an ordinance to vacate West Benton Court north of Benton Street. The Mayor Pro tem declared the motion carried. Moved and seconded to accept correspondence from Bob Downer. The Mayor Pro tern declared the motion carried. Mayor Lehman now presiding. A public hearing was held on an ordinance to fezone 1.38 acres from High Density Multi-Family Residential, RM-44, to Medium Density Multi-Family Residential, RM-20 for property located at 1045-1075 W. Benton Street. Judith Klink, 1101 Harlocke Street, appeared. Moved and seconded to continue public hearing to November 27. The Mayor declared the motion carried. 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. 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 Clark Street Conservation District. 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. 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. Moved and seconded 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. The Mayor declared the motion carried. Mary Hitchcock, 1506 N. Dubuque Street, representing the Ruppert family appeared. Moved and seconded to accept correspondence from Mary Hitchcock; and petition opposing the rezoning signed by six people. 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: 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 and seconded to continue public hearing to November 27. The Mayor declared the motion carried. Moved and seconded to accept correspondence from John and Mary Official Actions November 13, 2001 Page 3 Gillenwater. Moved and seconded to defer first consideration of the ordinance to November 27. The Mayor declared the motion carried. Moved and seconded 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 east of Hickory Trail, be given first vote. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to defer indefinitely 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 adopt RES. 01-361, APPROVING THE PRELIMINARY PLAT OF DEAN OAKES SIXTH ADDITION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 01-362, APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES PART FOUR, IOWA CITY, IOWA. 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 Weeber; 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 and seconded 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. 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. Moved and seconded to adopt RES. 01-363, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,250,000 SEWER REVENUE BONDS. Moved and seconded to adopt RES. 01-364, DIRECTING THE SALE OF $10,250,000 SEWER REVENUE BONDS, SERIES 2001. 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. Moved and seconded to adopt RES. 01-365, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRUNK SEWER IMPROVEMENTS Official Actions November 13, 2001 Page 4 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 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, CAF¢:. Moved and seconded to accept correspondence from Beth Ballinger, Peter Wallace and Nancy Faux-Buhans, R. William Field, Eileen Fisher, Ann Kohl, Charlotte Walker, Amy Charles, James Mondanaro, Ted Hofmann. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded to change the percentage used to define a restaurant from the 65/35 to 50/50. The Mayor declared the motion to amend passed. Moved and seconded to defer consideration of the amended ordinance to November 27. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-366, 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. Moved and seconded 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, Moved and seconded 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. The Mayor declared the motion carried. Official Actions November 13, 2001 Page 5 Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 01-367, AMENDING IOWA CITY'S 2001- 2006 CONSOLIDATED PLAN (A.K.A. CITY STEPS). Moved and seconded 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. 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. 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. Moved and seconded to adjourn 10:05 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City, Clerk Submi~d for publication - 11/19/01. 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 NOVEMBER 12, 2001 Iowa City City Council, special meeting 6:05 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 Arkins, Helling, Dilkes, Karr. Moved by Kanner, seconded by Champion, 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; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. the minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:36 p.m. Council returned to open session 6:38 p.m. Moved by Vanderhoef, seconded by O'Donnell, to adjourn the special meeting at 6:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Emest 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 NOVEMBER 13, 2001 Iowa City City Council, special meetin9 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: Arkins, 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, Governors 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 Adz, 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 ISSUE A DANCE PERMIT for The Summit Restaurant & Bar, Inc., dba The Summit, 10 S. Clinton Street. RES. 01-356, Bk. 126, p. 356, TO ISSUE CIGARETTE PERMIT forthe 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 Poser (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 carded. 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 carded 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 carded unanimously, 6~0, Lehman abstaining. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from Bob Downer. The Mayor Pro tem declared the motion carded, 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 ~.~,, to Medium Density Multi-Family Residential, RM-20 for property (Benton Villa)located at 1045-1075 W. Benton Street. Judith Klink, 1101 Hariocke Street, appeared. Moved by Pfab, seconded by Vanderhoef, to continue public headrig to November 27. The Mayor declared the motion carded 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 Histodc Preservation Oveday (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 rezone 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 Distdct 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 11,600 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 Attomey 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 Wilburn, to accept correspondence from John and Mary Gillenwater. Moved by Vanderhoef, seconded by Wilbum, 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, Wilbum, 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 carded. Moved by Wilbum, 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 OAKES 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, Wilbum. 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, Hariocke Street, and Benton Street in Iowa City, Iowa. The following individuals appeared: Robynn Shrader, 1105 Weeber; 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 O'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 Wilbum, to adopt RES. 01-364, Bk. 126, p. 364, DIRECTING THE SALE OF $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 headng 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 secudty 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 OF 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, CAF~. 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 Chades, James Mondanaro, Ted Hofmann. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilbum, 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 Wilbum, 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 cen'ied 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, Wilbum, Kanner, Lehman. Absent: None. Moved by Vanderhoef, seconded by Pfab, to change the pementage 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 carded, 5/2, with the following division of roll call vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef. Nays: Pfab, Wilbum. 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 Attomey 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, O'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 "lmpoundment 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 o 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 Atty. 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 madjuana arrests. A majority of Council was not interested in pursing the suggestion. A majodty 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 courtesy of the Electrical Workers Union of Iowa City and Cedar Rapids, and stated they desired a big thank you. Moved by O'Donneil, seconded by Champion, to adjourn 10:05 p.m. The Mayor declared the motion carded unanimously, 7/0, all Council Members present. Emest W. Lehman, Mayor Marian K. Karr, City Clerk