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HomeMy WebLinkAbout2002-01-22 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 JANUARY 22, 2002 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: Atikins, Helling, Karr, Dilkes, Franklin, Knoche, Spitz. Council minutes recorded on Tape 02-11, Both Sides. 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 January 4, January 7, and January 8, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing & Community Development Commission - November 15. Iowa City Airport Commission - December 13. Iowa City Board of Adjustment- December 12. Iowa City Board of Appeals - December 3. Parks & Recreation Commission - December 12. Police Citizens Review Board - November 27 Recommendation: Approve a 30-day extension to January 30, 2002, for Public Report #01-02 [Council acted on at a previous meeting]. Police Citizens Review Board - December 11. Police Citizens Review Board - December 27. Permit Motions and Resolutions as Recommended by the City Clerk: Renewals. Class B Beer Permit for KT Restaurants, Inc., dba Godfather's Pizza, 531 Highway 1 W. Class E Liquor License for Supervalu, Inc., dba Cub Foods, 855 Highway 1 W. Class B Wine Permit for Supervalu, Inc., dba Cub Foods, 855 Highway 1 W. Class C Beer Permit for Supervalu, Inc., dba Cub Foods, 855 Highway 1 W. Class C Liquor License for Mike's Place, Inc., dba Mike's Tap, 121 Wright St. Class C Liquor License for Jay, Inc., dba Press Box, 1920 Keokuk St. Class C Liquor License for Mike &Marty Enterprises, Inc., dba Quinton's Bar& Deli, 215 E. Washington St. RES. 02-16, Bk. 127, p. 16, TO ISSUE A DANCE PERMIT to Jay, Inc., dba Press Box, 1920 Keokuk St. Motion: approve disbursements in the amount of $15,264,907.24 for the period of November 1 through November 30, 2001, as recommended by the Finance Director subject to audit. Setting Public Hearings, Bk. 127: RES. 02-17, p. 17, FIXING TIME, DATE AND PLACE (February 5) FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00 AGAINST DEADWOOD TAVERN AND QUINTON'S BAR & DELI. Resolutions, Bk. 127: RES. 02-18, p. 18, ACCEPTING THE WORK FOR THE IOWA CITY TRANSIT METHANE ABATEMENT PROJECT, PHASE I. RES. 02-19, p. 19, AUTHORIZING THE PARKS AND RECREATION DIRECTOR FOR THE CITY OF IOWA CITY TO FILE A NOTICE OF USE RESTRICTION IMPOSED BY STATE ADMINISTRATIVE RULE ON CERTAIN REAL ESTATE IN CONNECTION WITH THE GRANT OF FUNDS FOR CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN LOWER IOWA CITY PARK. RES. 02-20, p. 20, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM A & J MINIMART, 2153 ACT CIRCLE. RES. 02-21, p. 21, ACCEPTING Complete Description Januaw 22,2002 Page 2 PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLLEGE STREET NEWS D/B/A COLLEGE STREET OASIS. RES. 02-22, p. 22, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DRUGTOWN. RES. 02-23, p. 23, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG COMPANY. RES. 02-24, p. 24, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HY-VEE FOOD STORE. RES. 02-25, p. 25, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORES. RES. 02-26, p 26, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM SUBURBAN AMOCO - KEOKUK STREET. RES. 02-27, p. 27, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM SUBURBAN AMOCO. Correspondence: Alexandria Schaeffel regarding Highland Avenue. Sue Lafky regarding John Bennett Heroism. Bruce Gluckman (Mediacom) regarding Franchise Fees on Non-Subscriber Revenue. Rober[ Welsh and Karen Kubby regarding Municipal Electricity. Casey Cook (FIRST) regarding Time on Council Agenda. Sue Futrell regarding Rezoning in SE Iowa City Industrial Zone. Carol DeProsse regarding Vision Iowa Public Hearing. Louise Nielsen regarding New Iowa Avenue Parking Ramp Building. John Darnauer regarding Iowa Avenue Parking Ramp Signs. R.H. Sunday regarding Smoking Ban. Ann Kohl regarding Smoking Ban. Gayle Nelson regarding Smoking Ban. Brian Decker regarding Smoking Ban. Amy Charles regarding Smoking Ban. Sharon Hackbart (Lemme School) regarding Smoking Ban [17 letters scanned and included in the final archived meeting folder in the City Clerk's Office]. Teresa Kelly (The Heritage Agency) regarding Elderly Nutrition Program. Judith Klink: Procedures. Charles Eble regarding Press Citizen Development. Postcards from 25 individuals regarding Protect the Park [All scanned and included in the final archived meeting folder in the City Clerk's Office]. JCCOG Traffic Engineering Planner regarding Designation of One Cab Stand Located in the 100 Block of Linn Street. Tricia Donatti regarding Vehicles for Hire [Previously distributed]. John Kammermeyer regarding Tax Increment Financing. Cheryl Davies regarding smoking. Richard Hughes regarding Library Expansion Records. Janene Panfil and Donald Stumbo regarding Brick Streets [Staff response included]. Meredith Sewell regarding Brick Streets [Staff response included]. Joyce Moran regarding smoking. Council Members Pfab and Kanner raised concerns regarding parking spaces being utilized for cab stands. Noting the November 15 HCDC minutes, Council Member Kanner requested a staff memo regarding entire payment of the rent directly to the landlord for a three year timeframe for the Extend the Dream Foundation/Uptown Bill's. Council Member Kanner requested that Council meet with HCDC to discuss the 9% being set aside for Economic Development Committee. Majority of Council were not interested to schedule a joint meeting. Council Member Kanner requested that Council consider applying for CDBG monies to pay for childcare for Iow or moderate income people on City commissions and boards. Three Council Members agreed to schedule the matter for an upcoming work session. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description January 22,2002 Page 3 Senior Center Commission Member Charity Rowley, updated Council on Senior Center activities. Sue Lafky, 514 West Side Drive, requested John Bennett be recognized for heroism for saving the child from a rotweiler. The City Manager stated something was being prepared. The Mayor noted that he had been contacted immediately after the event by the Police Chief with a similar request. Moved by Wilburn, seconded by Vanderhoef, to set a public hearing for February 5 on an ordinance to rezone approximately 0.63 acres located at 707 N. Dubuque Street from High Density Multi-Family, RM-44, to Sensitive Areas Overlay, OSA/RM-44. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance to rezone 95 acres located between Court Street and Lower West Branch Road from Low Density Single Family, RS-5, and Medium Density Single-Family, RS-8, to Sensitive Areas Overlay (Lindemann). No one appeared. A public hearing was held on an ordinance to vacate the northern 184 feet of the 20-foot wide alley right-of-way located south of Burlington Street and west of Dubuque Street. No one appeared. A public hearing was held on an ordinance to vacate a portion of Northgate Drive. No one appeared. A public hearing was held on a resolution annexing 4.01 acres located south of Herbert Hoover Highway east of Scott Boulevard (Iowa City Care Center). No one appeared. A public hearing was held on an ordinance rezoning 4.01 acres located south of Herbert Hoover Highway east of Scott Boulevard from County Local Commercial, C-1, to Commercial Office, CO-1 (Iowa City Care Center). No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Robert Downer and Dennis Mitchell. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 02-4001, Bk. 45, p. 9, TO REZONE FROM GENERAL INDUSTRIAL (I-1), TO INTENSIVE COMMERCIAL (C1-1) ON .63 ACRES, LOCATED ON THE SOUTH SIDE OF HIGHWAY 1 WEST, WEST OF RUPPERT ROAD (Carousel), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. The Mayor stated he had a conflict of interest on the next item and left the meeting. Mayor Pro rem Vanderhoef presiding. Moved by Champion, seconded by Pfab, to defer to February 5 an ordinance to vacate West Benton Court north of Benton Street (Oaknoll). The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Mayor Lehman returned to the meeting. Moved by Champion, seconded by O'Donnell that ORD. 02-4002, Bk. 45, p. 10, AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 38.24 ACRES FROM LOW DENSITY SINGLE FAMILY, RS-5, COUNTY HIGHWAY COMMERCIAL, CH, COUNTY LOCAL COMMERCIAL, CI AND COUNTY MULTI-FAMILY, R3A TO COMMUNITY COMMERCIAL, CC-2 (10.99 ACRES), MEDIUM DENSITY SINGLE-FAMILY, RS-8 (21 ACRES), AND LOW DENSITY SINGLE-FAMILY, RS-5 (6.22 ACRES) FOR PROPERTY LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF ROCHESTER AVENUE AND LOWER WEST BRANCH ROAD (Plum Grove), be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Kanner, Lehman. Nays: Pfab. Absent: None. Complete Description Januaw 22,2002 Page 4 Moved by O'Donnell, seconded by Vanderhoef, that ORD. 02-4003, Bk. 45, p. 11, AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 105.2 ACRES OF PROPERTY FROM SUBURBAN RESIDENTIAL, COUNTY RS, TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, RS-5 (45.08 ACRES), AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, RS-8 (60.13 ACRES) FOR PROPERTY LOCATED NORTH OF COURT STREET, SOUTH OF LOWER WEST BRANCH ROAD, AND EAST OF HUMMINGBIRD LANE (Southgate/Lindemann), be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell. Nays: Pfab. Absent: None. Moved by Vanderhoef, seconded by Pfab, to defer to February 5 a resolution approving the final plat of Cakes Sixth Addition, a 30.11-acre, 18-lot residential subdivision located at the western terminus of Bristol Avenue. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion to accept correspondence from Charles Meardon. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-28, Bk. 127, p. 28, APPROVING PRELIMINARY AND FINAL PLAT OF PRESS-ClTIZEN ADDITION, IOWA CITY, IOWA. PCD Director Franklin present for discussion. Individual Council Members expressed their views. Affirmative roll call vote, 7/0, with Pfab abstaining. The Mayor declared the motion carried unanimously, 7/0, (in accordance with Res. 00-117). 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 Highway 6 Recreational Trail Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 02-29, Bk. 127, p. 29, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Civil Engr. Spitz 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. 02-30, Bk. 127, p. 30, AUTHORIZING CONVEYANCE OF THE PROPERTY KNOWN AS PENINSULA NEIGHBORHOOD, FIRST ADDITION, IN IOWA CITY, IOWA, TO TERRY L. STAMPER HOLDINGS, L.L.C. 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 Vanderhoef, to accept correspondence from Wendelin Guenter. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to adopt RES. 02-31, Bk. 127, p. 31, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)-2C-52. The Mayor declared the resolution adopted, 6/1, with the following division of roll call Complete Description January 22,2002 Page 5 vote: Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-32, Bk. 127, p. 32, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, THE IOWA DEPARTMENT OF TRANSPORTATION AND HOWARD R. GREEN COMPANY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE NORTH DODGE STREET PROJECT, STP- 1-5(69)--2C-52. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 02-33, Bk. 127, p. 33, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT OF THE INTERSECTION OF IOWA HIGHWAY 1 AND SUNSET STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 02-34, Bk. 127, p. 34, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. 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. 02-35, Bk. 127, p. 25, SUPPORTING THE EXPANSION OF THE IOWA BEVERAGE CONTAINER DEPOSIT LAW. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to approve a motion granting a 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #01-05 and #01-06. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, to approve a motion granting a 30- day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #01-04. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor announced current vacancies: Historic Preservation Commission - One vacancy to fill a three year term March 29, 2002 - March 29, 2005 (New district - Longfellow Historic District Representative); Planning & Zoning Commission - One vacancy to fill a five year term May 1,2002 - May 1, 2007. Applications must be received by 5:00 p.m., Wednesday, February 27. The Mayor noted the previously announced vacancies: Airport Commission - One vacancy to fill a six-year term March 1, 2002 - March 1,2008; Airport Zoning Board of Adjustment - One vacancy to fill a five year term January 1,2002 - December 31, 2006; Civil Service Commission - One vacancy to fill a four-year term April 1, 2002 - April 3, 2006; Historic Preservation Commission - Three vacancies (One Moffitt Cottage District Representative and Two At-Large Representatives) to fill three-year terms March 29, 2002 - March 29, 2005; Planning & Zoning Commission - One vacancy to fill an unexpired term ending May 1,2003; Senior Center Commission - One vacancy to fill an unexpired term ending December 31, 2004; Telecommunications Commission - Two vacancies to fill three-year terms Complete Description January 22,2002 Page 6 March 13, 2002 - March 13, 2005. Applications must be received by 5:00 p.m., Wednesday, February 13. The Mayor encouraged people to get involved in their community and pick up an application in the City Clerk's office. Council Member Kanner noted the Police General Order #01-06 dealing with juvenile consent and requested a work session be scheduled to discuss changing the age to 18, a majority of Council requested a memo from the Police Chief first before agreeing to schedule further discussion on a change; noted the staff memo regarding a traffic control light in Gilbert and Court and questioned whether any further Council action was necessary, the City Manager stated staff would proceed with a traffic count; and reported on events observing Martin Luther King Day. Council Member Wilburn stated that he would be abstaining from Council discussion and action on Aid to Agencies funding and Community Development Block Grant monies due to a conflict of interest; and noted the loss to the community with the passing of Dean Philip Hubbard. Council Member Vanderhoef noted a call from a library patron regarding parking with the construction and asked the City to move up the plan for utilization of the ramp, staff will provide a memo updating Council; reported that she would be stepping down from East Central Iowa Council of Governments (ECICOG), and the Chief Elected Officials Group and Council Member Wilburn has agreed to the appointment which will be voted on at the Johnson County Council of Governments (JCCOG) meeting January 23; and noted the recent death of Emilie Rubright. Council Member O'Donnell reported on his participation in the Elected Officials Booth for the Business Fair. Council Member Champion reported on her involvement in activities observing Martin Luther King Day including the Women for Economic and Social Justice event; and expressed concerns regarding the new procedure requiring criminal checks for all motor vehicle for hire drivers, Police Chief will provide a memo. Council Member Pfab questioned the procedure for publishing notice of zoning code amendments, the City Attorney stated a public notice is published in the newspaper but a notice is not sent to individual property owners. Council Member Kanner reported that he and Council Member Vanderhoef would be meeting with the University of Iowa Student Senate President and questioned whether it was a public meeting, the City Attorney noted that the committee was serving as an information gathering one as opposed to an advisory body and it was not subject to requirements. Mayor Lehman noted the death of Library Development Director Larry Eckholt; noted the next budget work session was scheduled for January 24 at 1:30, and encouraged Council Members to prepare a list of possible Capital Improvement Projects that could be moved; and stated he had received a letter requesting two Council appointments to work with Johnson County on the SEATS contract, Council agreed to discuss the appointments at their February 4 work session; and reported that he and the City Attorney have discussed the need to stick to discussion of the agenda items that are posted on the agenda or that are brought up to Council, and asked Council to keep their comments relative to items on the agenda. The City Manager reported that the Iowa Hawkeye Men's Basketball tem had won by four points. Moved by Vanderhoef, seconded by Wilburn, to adjourn 8:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all C.,.o~il Members present. ~ ~rnes't~. Lehman, M~yor ' ' Complete Description Janua~ 22,2002 Page 7 Mar['a~K. Karr, City Clerk 01-22-02 I Subject to change as finalized by the City Clerk. For a final official copy, contact the 2a 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 - 1/4/02 Iowa City, City Council special meeting 9:30 a.m. at the Civic Center. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Mayor Lehman stated he had a conflict of interest with the first two items on the agenda and left the meeting. Mayor Pro tam O'Donnell presiding. Moved and seconded to adjourn to executive session to discuss strategy with council 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 tern declared the motion carried. Council returned to open session. Moved and seconded that the ordinance changing the zoning designation of 4.01 acres located east of Harlocke Street from High-Density Multi-Family Residential (RM-44) to Sensitive Areas Overlay-44 (OSA-44), be given first vote. Lehman absent. The Mayor Pro tam declared the motion carried (in accordance with Res. 00-117), Lehman abstaining. Mayor Lehman returned to the meeting. Moved and seconded that the ordinance repealing 01-3980 and 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 second vote. The Mayor declared the motion carried. Moved and seconded to appoint City Clerk Karr as Temporary Chairperson. The motion carried. Temporary Chair Kerr presiding. Moved and seconded to fix method of voting nominations for office of Mayor and Mayor Pro tam of the City of Iowa City as follows: taking nominations from the floor, voting be done by a show of hands, the decision be a majority it vote of the total membership, and the procedure for canvas if ballots consist of a visual count by the City Clerk and confirmed by the City Attorney. The Temporary Chair declared the motion carried. The following nominations were received for Mayor of Iowa City. Moved and seconded to nominate Council Member Lehman. Moved and seconded to nominate Council Member Champion. Moved and seconded to nominate Council Member Vanderhoef. Council Member Champion declined the nomination. Moved and seconded to nominate Council Member Pfab. Moved and seconded that nominations cease. The Temporary Chair stated in accordance with the agreed upon method of voting a show of hands election would occur, voting in the order nominated, and each Council Member would vote only once. The Temporary Chair announced that a majority of Council Members had supported the nomination of Council Member Lehman for the office of Mayor and declared Council Member Lehman had received enough votes (5) to secure the position of Mayor for a two- year term. The Temporary Chair announced that nominations would now be received for the office of Mayor Pro tem of the City of Iowa City. The following nominations were received. Council Member O'Donnell stated he would be withdrawing his name for nomination as Mayor Pro tam. Moved and seconded to nominate Council Member Official Actions January 4, 2002 Page 2 Champion. Moved and seconded to nominate Council Member Vanderhoef. Moved and seconded that nominations cease. The Temporary Chair stated in accordance with the agreed upon method of voting a show of hands election would occur, voting in the order nominated, and each Council Member would vote only once. The Temporary Chair announced that a majority of Council Members had supported the nomination of Council Member Vanderhoef for the office of Mayor Pro tern and declared Council Member Vanderhoef had received enough votes (4) to secure the position of Mayor Pro rem for a two-year term. The City Clerk gave the Oath of Office to Mayor and Mayor Pro tem. Mayor Lehman presiding. Moved by and seconded to make the following Council appointments: Rules Committee - Champion, Lehman; Emergency Management Commission - Pfab; Johnson County Council of Governments - Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilburn and alternate Lehman; Iowa City/Coralville Visitors & Convention Bureau - Lehman; Student Senate Subcommittee Kanner, Vanderhoef. The Mayor declared the motion carried. The Mayor asked that Council Members bring their calendars to the work session of January 7 to discuss the meeting schedule. Moved and seconded to adjourn 10:55 a.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk Submitted for publication - 1/14/02. 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 JANUARY 4, 2002 Iowa City, City Council special meeting 9:30 a.m. at the Civic Center. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr. Council minutes recorded on Tape 02-01, Side 1. Mayor Lehman stated he had a conflict of interest with the first two items on the agenda and left the meeting. Mayor Pro rem O'Donnell presiding. Moved by Wilburn, seconded by Vanderhoef, to adjourn to executive session to discuss strategy with council 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 9:32 p.m. Council returned to open session 10:12 p.m. Moved by Vanderhoef, seconded by Wilburn, that the ordinance changing the zoning designation of 4.01 acres located east of Harlocke Street from High-Density Multi-Family Residential (RM-44) to Sensitive Areas Overlay-44 (OSA-44), be given first vote. Affirmative roll call vote, 6/0, with Kanner and Pfab abstaining, Lehman absent. The Mayor Pro tem declared the motion carried unanimously, 6/0 (in accordance with Res. 00-117), Lehman absent. Mayor Lehman returned to the meeting. Moved by Champion, seconded by O'Donnell, that the ordinance repealing 01-3980 and 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 second vote. The Mayor declared the motion carried unanimous, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Kanner, to appoint City Clerk Karr as Temporary Chairperson. The motion carried unanimously, 7/0, all Council Members present. Temporary Chair Karr presiding. Moved by Wilburn, seconded by Vanderhoef, to fix method of voting nominations for office of Mayor and Mayor Pro tem of the City of Iowa City as follows: taking nominations from the floor, voting be done by a show of hands, the decision be a majority it vote of the total membership, and the procedure for canvas if ballots consist of a visual count by the City Clerk and confirmed by the City Attorney. Moved by Pfab, seconded by Kanner, that the motion be amended to delete the nomination from the floor and the voting by a show of hands and instead pick the winner by pulling a name out of a hat. Individual Council Members expressed their views. The Temporary Chair declared the motion to amend defeated, 1/6, with the following show of hands: Ayes: Pfab. Nays: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. The Temporary Chair declared the original motion carried unanimously, 7/0, with a show of hands. The following nominations were received for Mayor of Iowa City. Moved by Champion, seconded by O'Donnell, to nominate Council Member Lehman. Moved by Kanner, seconded by Pfab, to nominate Council Member Champion. Moved by Kanner, seconded by Pfab, to nominate Council Member Vanderhoef. Council Member Champion declined the nomination. Moved by Pfab to nominate Council Member O'Donnell. Council Member O'Donnell declined the nomination, and the Temporary Chair announced that the nomination dies for lack of a second. Moved by Kanner, seconded by Pfab, to nominate Council Member Pfab. Moved by Complete Description January 4,2002 Page 2 Wilburn, seconded by O'Donnell, that nominations cease. Individual Council Members expressed their views. The Temporary Chair stated in accordance with the agreed upon method of voting a show of hands election would occur, voting in the order nominated, and each Council Member would vote only once. The Temporary Chair announced that a majority of Council Members had supported the nomination of Council Member Lehman for the office of Mayor and declared Council Member Lehman had received enough votes (5) to secure the position of Mayor for a two- year term, with the following show of hands: Lehman: Champion, Lehman, O'Donnell, Vanderhoef, Wilbum. Vanderhoef: Kanner, Pfab. Pfab: None. The Temporary Chair announced that nominations would now be received for the office of Mayor Pro tem of the City of Iowa City. The following nominations were received. Council Member O'Donnell stated he would be withdrawing his name for nomination as Mayor Pro tem. Moved by O'Donnell, seconded by Lehman, to nominate Council Member Champion. Moved by Wilburn, seconded by Pfab, to nominate Council Member Vanderhoef. Moved by Lehman, seconded by Wilburn, that nominations cease. Individual Council Members expressed their views. The Temporary Chair stated in accordance with the agreed upon method of voting a show of hands election would occur, voting in the order nominated, and each Council Member would vote only once. The Temporary Chair announced that a majority of Council Members had supported the nomination of Council Member Vanderhoef for the office of Mayor Pro tem and declared Council Member Vanderhoef had received enough votes (4) to secure the position of Mayor Pro rem for a two-year term, with the following show of hands: Champion: Champion, Lehman, O'Donnell. Vanderhoef: Kanner, Pfab, Vanderhoef, Wilburn.. The City Clerk gave the Oath of Office to Mayor and Mayor Pro rem. Mayor Lehman presiding. Moved by O'Donnell, seconded by Champion, to make the following Council appointments: Rules Committee - Champion, Lehman; Emergency Management Commission - Pfab; Johnson County Council of Governments - Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilburn and alternate Lehman; Iowa City/Coralville Visitors & Convention Bureau - Lehman; Student Senate Subcommittee Kanner, Vanderhoef. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor asked that Council Members bring their calendars to the work session of January 7 to discuss the meeting schedule. Moved by Vanderhoef, seconded by O'Donnell, to adjourn 10:55 a.m. The Mayor declared the motion carried ~~h.m~~ unanimously, 7/ I Council Memb ont. Ma"~n- K. Kart, City CIork 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 - 1/7/02 Iowa City City Council special meeting 6:35 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab (6:38), Vanderhoef, Wilburn. Mayor Lehman stated he had a conflict of interest with the first item on the agenda and left the meeting. Mayor Pro tem Vanderhoef presiding. Moved and seconded that the ordinance changing the zoning designation of 4.01 acres located east of Harlocke Street from High-Density Multi-Family Residential (RM- 44) to Sensitive Areas Overlay-44 (OSA-44), be given second vote. City Legal Counsel David Brown present for discussion. The Mayor Pro tern declared the motion carried (in accordance with Res. 00-117), Lehman absent. Mayor Lehman returned to the meeting. Moved and seconded to adopt ORD. 02-3993, REPEALING 01-3980 AND AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, be passed and adopted. The Mayor declared the ordinance adopted. Moved and seconded to adjourn 6:40 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. Kar, r, City Clerk Subm'ltted for publication ~ 1/16/02. 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 - 1/8/02 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: Volunteer Blood Donor Month - January, Mitch Overton, accepting. Women's Right to Choose Day- January 22, Karen Kubby, Emma Goldman Clinic accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from the Consent Calendar and consider as separate items 3c(5) regarding Union Bar, and 3c(21) regarding cab stands: Approval of Official Council Actions for special meeting of December 11, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Services Advisory Board - October 17. Iowa City Airport Commission - November 8. Iowa City Board of Adjustment - November 14. Iowa City Board of Appeals - October 1. Iowa City Human Rights Commission - November 27. Iowa City Public Library Board of Trustees - November 8. Planning and Zoning Commission - November 1. Planning and Zoning Commission - December 6. Police Citizens Review Board - November 13. Senior Center Commission - November 20. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals. Class C Beer Permit for North Dodge Express, 2790 N. Dodge St. Class C Liquor License for Joe's Place, 115 Iowa Ave. Class C Beer Permit for North Dodge HandiMart, 2545 N. Dodge St. Class C Liquor License for Aoeshe Restaurant, 624 S. Gilbert St. RES. 02-01, TO ISSUE DANCE PERMIT for Union, 121 E. College St. Setting Public Hearings: RES. 02-02, SETTING A PUBLIC HEARING for January 22 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL 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. 02-03, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2209 D STREET, IOWA CITY, IOWA. RES. 02-04, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1018 HIGHLAND DRIVE, IOWA CITY, IOWA. RES. 02-05, ACCEPTING THE WORK OF THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK PARKING LOT RESURFACING PROJECT. Correspondence: Postcards from 6 individuals regarding MidAmerican Energy Franchise [All scanned and included in the final archived meeting folder in the City Clerk's Office]. Postcards from 16 individuals regarding Protect the Park [All scanned and included in the final archived meeting folder in the City Clerk's Office]. Nick Peters regarding Disappointment and Horror. Official Actions January 8, 2002 Page 2 Robert Dostal regarding Sidewalks. Brett Cloyd regarding Homes Near Hickory Hill Park. Candace Peters (JC Local Homeless Coordinating Board) regarding Neighborhood Housing Relations Task Force. John Gross regarding Mayor. Elected Officials Committee (Chamber of Commerce) regarding 2002 Business Expo Elected Officials Booth. Carol Thompson (JC Juvenile Justice Youth Development Program) regarding Request for Funding. Janice Murray regarding Public Power Initiative. Ed Noyes regarding Proposed Franchise Agreement with MidAmerican Energy. Marie DeVries regarding Sample "Bottle Bill" Resolution. Sandy Pickup (Free Medical Clinic) regarding Appreciation for Donation. James Barrett, Jr regarding Peninsula. Todd Adamson regarding Birds [Administrative Assistant response included in Council packet]. Peter Bloesch regarding Advertising on Telephone/Electricity Poles [Administrative Assistant response included in Council packet]. Brian Hamilton regarding Delays Due to Trains. Walter Lee regarding Walter Lee v Thomas Lott. Carol DeProsse regarding Senior Center Commission Ban on Politics. PJ Zielbauer regarding Impact of City Legislation on University Enrollment. JCCOG Traffic Engineering Planner regarding Installation of Signs Indicating AMBULANCE PARKING ONLY BETWEEN SIGNS and TOW-AWAY ZONE on the North Side of the 400 Block of Bloomington Street; Installation of NO PARKING ANYTIME signs on Iowa Highway 1 to the north and south of Northgate Drive. Thomas Clancy regarding Resubdivision of Walden Hills. Two petitions received from 16 individuals regarding Traffic light at Gilbert and Court Street. Douglas Baynton regarding Planning and Zoning Meeting. Jennifer Kerns regarding Union Street No Parking. Jim Lenz regarding Fareway Store. Frank Mitros regarding Annexation. Nick Klenske regarding meeting with University of Iowa. Student Senate. The Mayor declared the motion carried. Moved and seconded to approve the Class C liquor license for Union, 121 E. College Street. The Mayor declared the motion carried. Moved and seconded to approve three cab stations located in the 400 Block of College Street. The Mayor declared the motion carried. Senior Center Commissioner Deborah Schoenfelder updated Council on activities at the Center. John Loomis, 219 Teeters Court, appeared regarding Hickory Heights. Moved and seconded to set a public hearing for January 22 on an ordinance to rezone 95 acres located between Court Street and Lower West Branch Road from Low Density Single Family, RS-5, and Medium Density Single-Family, RS-8, to Sensitive Areas Overlay. The Mayor declared the motion carried. Moved and seconded to set a public hearing for January 22 on an ordinance to vacate the northern 184 feet of the 20-foot wide alley right-of-way located south of Burlington Street and west of Dubuque Street. The Mayor declared the motion carried. Moved and seconded to set a public hearing for January 22 on an ordinance to vacate a portion of Northgate Drive. The Mayor declared the motion carried. Moved and seconded to set a public hearing for January 22 on a resolution annexing 4.01 acres located south of Herbert Hoover Highway east of Scott Boulevard. The Mayor declared the motion carried. Moved and seconded to set a public hearing for January 22 on an ordinance rezoning 4.01 acres located south of Herbert Hoover Highway east of Scott Official Actions January 8, 2002 Page 3 Boulevard from County Local Commercial, C-1, to Commercial Office, CO-1. The Mayor declared the motion carried. Moved and seconded that the 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, be given second vote. The Mayor declared the motion carried. The Mayor stated he has a conflict of interest on the next item and left the meeting. Mayor Pro rem Vanderhoef presiding. Moved and seconded that the ordinance to vacate West Benton Court north of Benton Street, be given second vote. The Mayor Pro tem declared the motion carried. Mayor Lehman returned to the meeting. Moved and seconded that ORD. 02-3994, TO REZONE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HISTORIC PRESERVATION OVERLAY (RS- 8/OHP) FOR THE DESIGNATION OF THE LONGFELLOW HISTORIC DISTRICT WITHIN THE LONGFELLOW NEIGHBORHOOD, be passed and adopted. Moved and seconded that ORD. 02-3995, TO REZONE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO CONSERVATION DISTRICT OVERLY (RS- 8/OCD) FOR THE DESIGNATION OF THE CLARK STREET CONSERVATION DISTRICT WITHIN THE LONGFELLOW NEIGHBORHOOD, be passed and adopted. Moved and seconded that ORD. 02-3996, TO REZONE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO CONSERVATION DISTRICT OVERLY (RS- 8/OCD) FOR THE DESIGNATION OF THE DEARBORN STREET CONSERVATION DISTRICT WITHIN THE LONGFELLOW NEIGHBORHOOD, be passed and adopted. Moved and seconded that ORD. 02-3997, VACATING 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 passed and adopted. The Mayor stated he had a conflict of interest on the next item and left the meeting. Mayor Pro tem Vanderhoef presiding. Moved and seconded that ORD. 02- 3998, CHANGING THE ZONING DESIGNATION OF 4.01 ACRES LOCATED EAST OF HARLOCKE STREET FROM HIGH-DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) TO SENSITIVE AREAS OVERLAY-44 (OSA-44), be passed and adopted. The Mayor Pro tem declared the motion carried. Mayor Lehman returned to the meeting. Moved and seconded to defer to January 22, resolution approving the final plat of Oakes Sixth Addition, a 30.11-acre, 18-1ot residential subdivision located at the western terminus of Bristol Avenue. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-06, APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PART 2, IOWA CITY, IOWA. A public hearing was held on the Iowa City Housing Authority Section 8 Administrative Plan. Moved and seconded to adopt RES. 02-07, TO ADOPT THE IOWA CITY HOUSING AUTHORITY SECTION 8 ADMINISTRATIVE PLAN. A public hearing was held on the Iowa City Housing Authority Public Housing Admissions and Continued Occupancy Plan (ACOP). Moved and seconded to adopt RES. 02-08, TO ADOPT THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). Official Actions January 8, 2002 Page 4 A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Scott Boulevard Extension - ACT to Rochester Avenue, F/K/A Scott Boulevard Extension Phase IV 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. 02-09, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SCOTT BOULEVARD EXTENSION - ACT TO ROCHESTER AVENUE, F/K/A SCOTT BOULEVARD EXTENSION PHASE IV PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the landfill salvage barn & furniture 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. 02-10, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE LANDFILL SALVAGE BARN & FURNITURE BUILDING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded that ORD. 02-3999, 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 APPLICATION AND/OR DRIVING BADGE, be passed and adopted. The following individuals appeared: Tricia Donatti, 1825 Friendship St., Tony Donatti, 1825 Friendship St.; and Deibert Knight. Moved and seconded to adopt RES. 02-11, RESCINDING PRIOR RESOLUTION NO. 97-60 AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS OF VEHICLES FOR HIRE, BY REPLACING "TAXICAB" REFERENCES WITH "VEHICLE FOR HIRE" AND AMENDING THE PARKING STAND FEE WITH GENERAL LANGUAGE TO REFLECT ANY CHANGES THAT MAY BE MADE IN PARKING FEE ORDINANCE. Moved and seconded that ORD. 02-4000, AMENDING TITLE 6 OF THE CITY CODE BY REPEALING CHAPTER 7, ENTITLED "SMOKING IN PUBLIC PLACES" AND ENACTING A NEW CHAPTER 7, ENTITLED "SMOKING IN FOOD ESTABLISHMENTS," be passed and adopted. The following individuals appeared: Nick Herbold, 702 N. Dubuque St, U of l Student Senate; Ruth Baker, 515 W. Benton; Kevin Perez, 161 Columbia Drive, "126" and Monkey House; Brett Castillo, 613 E. Court St.; Ron Megan; Richard Lutz, 302 Richards St.; Kathi Rundell; Kirsten Drexler; Patty Williams; Martha Lutz, 302 Richards St.; Jon Meester, 924 Friendly. Individual Council Members expressed their views. Moved and seconded to amend the ordinance to include an effective date of March 1,2002. The Mayor declared the amendment carried. The Mayor declared the ordinance adopted as amended. Correspondence was received from the following individuals: Theodore Yank, Elizabeth Mackenzie, Kelley McLaughlin, Geoffrey McLennan, Robert Kopp, Sharon Baumler, Kemp Kernstine, Lar and Sue Fuortes, Rhys Jones and Valerie Chittick, Official A~ions January 8,2002 Page 5 Eileen Fisher, David Gould, Renee Gould, Susan Zoeckler, Zach Hall, Joe Woodhouse, Lydie Mabikulu, Hallie Gilmore, Samantha Sidwell, Danielle Ramsey, Sandy Pickup, Jeff Murray, Ike Barnes, John Williams, Jean Arndt, Robin Sueppel, Claudia Corwin, Carolyn Cavitt and Julie Phye, Diane Schweer, Laura Phearman, Doni DeNucci, Nicole Torchia, Joyce Hobart, Kathleen Winkelhake, John Yutzy, Stan AIdinger, Alan Achtner, Martha Lutz, John Ferguson, Gayle Nelson, Ann Kohl, Helene Hembreiker. Moved and seconded to adopt RES. 02-12, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. Moved and seconded to approve the exterior signage and fa(;ade to China Star in the Old Capitol Town Center on Clinton Street. Moved and seconded to consider Item No. 16 to allow City Engr. Fosse time to retrieve a copy of the proposed sign from his office. The Mayor declared the motion carried. Council preceded to item #16. Moved and seconded to adopt RES. 02-13, RESCINDING RESOLUTION NO. 770 AND RESOLUTION NO. 71-253 TO DISBAND THE PROJECT GREEN "GREEN FUND" AS A CITY FUND. (Council returned to Item No. 14 on the agenda.) Moved and seconded to adopt RES. 02-14, APPROVING THE EXTERIOR SIGNAGE AND FACADE TO CHINA STAR IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Moved and seconded to adopt RES. 02-15, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRUNK SEWER IMPROVEMENTS PROJECT. The Mayor noted that the vacancy on the Airport Zoning Board of Adjustment, for one five year term January 1,2002 - December 31,2006, will be readvertised. Moved and seconded to make the following appointments to Boards and Commissions: Maryann Dennis, 1307 Rochester Avenue, to the Animal Care and Adoption Center Advisory Board to fill an unexpired term ending December 31,2003; Eric Gidal, 714 N. Johnson, to the Board of Adjustment to fill a five year term January 1,2002 - January 1,2007; reappoint Thomas Werderitsch, 3 Evergreen Place, to the Board of Appeals for a five year term January 1, 2002 - December 31, 2006. The Mayor declared the motion carried. The Mayor noted the current vacancies: Civil Service Commission - One vacancy to fill a four-year term April 1,2002 - April 3, 2006; Senior Center Commission - One vacancy to fill an unexpired term ending December 31,2004; Planning and Zoning Commission - One vacancy to fill an unexpired term ending May 1,2003. Applications must be received by 5:00 p.m., Wednesday, February 13. The Mayor noted the previously announced vacancies: Airport Commission - One vacancy to fill a six-year term March 1, 2002 - March 1,2008; Historic Preservation Commission - Three vacancies (One Moffitt Cottage District Representative and Two At-Large Representatives) to fill three-year terms March 29, 2002 - March 29, 2005; Telecommunications Commission - Two vacancies to fill three-year terms March 13, 2002 - March 13, 2005. Applications must be received by 5:00 p.m., Wednesday, February 13. Moved and seconded to adjourn 9:40 p.m. The Mayor declared the motion carried. Official Actions January 8, 2002 Page 6 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 Subm~"tted for publication - 1/16/02. 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 JANUARY 4, 2002 Iowa City, City Council special meeting 9:30 a.m. at the Civic Center. Council members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr. Council minutes recorded on Tape 02-01, Side 1. Mayor Lehman stated he had a conflict of interest with the first two items on the agenda and left the meeting. Mayor Pro tern O'Donnell presiding. Moved by Wilburn, seconded by Vanderhoef, to adjourn to executive session to discuss strategy with council 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 Pre tem declared the motion carried and adjourned into executive session at 9:32 p.m. Council returned to open session 10:12 p.m. Moved by Vanderhoef, seconded by Wilburn, that the ordinance changing the zoning designation of 4.01 acres located east of Harlocke Street from High-Density Multi-Family Residential (RM-44) to Sensitive Areas Overlay-44 (OSA-44), be given first vote. Affirmative roll call vote, 6/0, with Kanner and Pfab abstaining, Lehman absent. The Mayor Pro tern declared the motion carried unanimously, 6/0 (in accordance with Res. 00-117), Lehman absent. Mayor Lehman returned to the meeting. Moved by Champion, seconded by O'Donnell, that the ordinance repealing 01-3980 and 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 second vote. The Mayor declared the motion carried unanimous, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Kanner, to appoint City Clerk Karr as Temporary Chairperson. The motion carried unanimously, 7/0, all Council Members present. Temporary Chair Karr presiding. Moved by Wiibum, seconded by Vanderhoef, to fix method of voting nominations for office of Mayor and Mayor Pro tem of the City of Iowa City as follows: taking nominations from the floor, voting be done by a show of hands, the decision be a majority it vote of the total membership, and the procedure for canvas if ballots consist of a visual count by the City Clerk and confirmed by the City Attorney. Moved by Pfab, seconded by Kanner, that the motion be amended to delete the nomination from the floor and the voting by a show of hands and instead pick the winner by pulling a name out of a hat. Individual Council Members expressed their views. The Temporary Chair declared the motion to amend defeated, 1/6, with the following show of hands: Ayes: Pfab. Nays: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. The Temporary Chair declared the original motion carried unanimously, 7/0, with a show of hands. The following nominations were received for Mayor of Iowa City. Moved by Champion, seconded by O'Donnell, to nominate Council Member Lehman. Moved by Kanner, seconded by Pfab, to nominate Council Member Champion. Moved by Kanner, seconded by Pfab, to nominate Council Member Vanderhoef. Council Member Champion declined the nomination. Moved by Pfab to nominate Council Member O'Donnell. Council Member O'Donneil declined the nomination, and the Temporary Chair announced that the nomination dies for lack of a second. Moved by Kanner, seconded by Pfab, to nominate Council Member Pfab. Moved by Complete Description January 4, 2002 Page 2 Wilburn, seconded by O'Donnell, that nominations cease. Individual Council Members expressed their views. The Temporary Chair stated in accordance with the agreed upon method of voting a show of hands election would occur, voting in the order nominated, and each Council Member would vote only once. The Temporary Chair announced that a majority of Council Members had supported the nomination of Council Member Lehman for the office of Mayor and declared Council Member Lehman had received enough votes (5) to secure the position of Mayor for a two- year term, with the following show of hands: Lehman: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Vanderhoef: Kanner, Pfab. Pfab: None. The Temporary Chair announced that nominations would now be received for the office of Mayor Pre tern of the City of Iowa City. The following nominations were received. Council Member O'Donnell stated he would be withdrawing his name for nomination as Mayor Pro tem. Moved by O'Donnell, seconded by Lehman, to nominate Council Member Champion. Moved by Wilburn, seconded by Pfab, to nominate Council Member Vanderhoef. Moved by Lehman, seconded by Wilburn, that nominations cease. Individual Council Members expressed their views. The Temporary Chair stated in accordance with the agreed upon method of voting a show of hands election would occur, voting in the order nominated, and each Council Member would vote only once. The Temporary Chair announced that a majority of Council Members had supported the nomination of Council Member Vanderhoef for the office of Mayor Pro tem and declared Council Member Vanderhoef had received enough votes (4) to secure the position of Mayor Pro tern for a two-year term, with the following show of hands: Champion: Champion, Lehman, O'Donnell. Vanderhoef: Kanner, Pfab, Vanderhoef, Wilburn.. The City Clerk gave the Oath of Office to Mayor and Mayor Pro tern. Mayor Lehman presiding. Moved by O'Donnell, seconded by Champion, to make the following Council appointments: Rules Committee - Champion, Lehman; Emergency Management Commission - Pfab; Johnson County Council of Governments - Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilburn and alternate Lehman; Iowa City/Coralville Visitors & Convention Bureau - Lehman; Student Senate Subcommittee Kanner, Vanderhoef. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor asked that Council Members bring their calendars to the work session of January 7 to discuss the meeting schedule. Moved by Vanderhoef, seconded by O'Donnell, to adjourn 10:55 a.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 JANUARY 7, 2002 Iowa City City Council special meeting 6:35 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab (6:38), Vanderhoef, Wilburn. Staff members present: Atkins, Helling, Dilkes, Karr. Council minutes tape recorded on Tape 02~01, Side 2. Mayor Lehman stated he had a conflict of interest with the first item on the agenda and left the meeting. Mayor Pro tem Vanderhoef presiding. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation of 4.01 acres located east of Harlocke Street from High-Density Multi-Family Residential (RM-44) to Sensitive Areas Overlay-44 (OSA-44), be given second vote. Affirmative roll call vote, 6/0, with Kanner and Pfab abstaining, Lehman absent. City Legal Counsel David Brown present for discussion. The Mayor Pro tem declared the motion carried unanimously, 6/0 (in accordance with Res. 00-117), Lehman absent. Mayor Lehman returned to the meeting. Moved by Vanderhoef, seconded by Champion, to adopt ORD. 02-3993, Bk. 45, p. 1, REPEALING 01-3980 AND AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Champion, to adjourn 6:40 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 JANUARY 8, 2002 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, Davidson, Winkelhake, Brown, Grosvenor, Dulek, Morris, Fosse, Scott. Council minutes tape recorded on Tape 02-04, Both Sides; Tape 02- 05, Both Sides. The Mayor proclaimed: Volunteer Blood Donor Month - January, Mitch Over[on, accepting. Women's Right to Choose Day - January 22, Karen Kubby, Emma Goldman Clinic accepting. Moved by Vanderhoef, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from the Consent Calendar and consider as separate items 3c(5) regarding Union Bar, and 3c(21) regarding cab stands: Approval of Official Council Actions for special meeting of December 11, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Services Advisory Board - October 17. Iowa City Airport Commission - November 8. Iowa City Board of Adjustment - November 14. Iowa City Board of Appeals - October 1. Iowa City Human Rights Commission - November 27. Iowa City Public Library Board of Trustees - November 8. Planning and Zoning Commission - November 1. Planning and Zoning Commission - December 6. Police Citizens Review Board - November 13. Senior Center Commission - November 20. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals. Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St. Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave. Class C Beer Permit for Nordstrom Oil Company dba North Dodge HandiMart, 2545 N. Dodge St. Class C Liquor License for Inn Ho Shinn dba Aoeshe Restaurant, 624 S. Gilbert St. RES. 02- 01, Bk. 127, p. 1, TO ISSUE DANCE PERMIT for Downtown Iowa City Entertainment, LLC., dba Union, 121 E. College St. Setting Public Hearings, Bk. 127: RES. 02-02, p. 2, SETTING A PUBLIC HEARING for January 22 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL 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. 127: RES. 02-03, p. 3, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2209 D STREET, IOWA CITY, IOWA. RES. 02- 04, Bk. 127, p. 4, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1018 HIGHLAND DRIVE, IOWA CITY, IOWA. RES. 02-05, p. 5, ACCEPTING THE WORK OF THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK PARKING LOT RESURFACING PROJECT. Complete Description January 8, 2002 Page 2 Correspondence: Postcards from 6 individuals regarding MidAmerican Energy Franchise [All scanned and included in the final archived meeting folder in the City Clerk's Office]. Postcards from 16 individuals regarding Protect the Park JAil scanned and included in the final archived meeting [older in the City Clerk's Office]. Nick Peters regarding Disappointment and Horror. Robert Dostal regarding Sidewalks. Brett Cloyd regarding Homes Near Hickory Hill Park. Candace Peters (JC Local Homeless Coordinating Board) regarding Neighborhood Housing Relations Task Force. John Gross regarding Mayor. Elected Officials Committee (Chamber of Commerce) regarding 2002 Business Expo Elected Officials Booth. Carol Thompson (JC Juvenile Justice Youth Development Program) regarding Request for Funding. Janice Murray regarding Public Power Initiative. Ed Noyes regarding Proposed Franchise Agreement with MidAmerican Energy. Marie DeVries regarding Sample "Bottle Bill" Resolution. Sandy Pickup (Free Medical Clinic) regarding Appreciation for Donation. James Barrett, Jr regarding Peninsula. Todd Adamson regarding Birds [Administrative Assistant response included in Council packet]. Peter Bloesch regarding Advertising on Telephone/Electricity Poles [Administrative Assistant response included in Council packet]. Brian Hamilton regarding Delays Due to Trains. Walter Lee regarding Walter Lee v Thomas Lott. Carol DeProsse regarding Senior Center Commission Ban on Politics. PJ Zielbauer regarding Impact of City Legislation on University Enrollment. JCCOG Traffic Engineering Planner regarding Installation of Signs Indicating AMBULANCE PARKING ONLY BETWEEN SIGNS and TOW-AWAY ZONE on the North Side of the 400 Block of Bloomington Street; Installation of NO PARKING ANYTIME signs on Iowa Highway 1 to the north and south of Northgate Drive. Thomas Clancy regarding Resubdivision of Walden Hills. Two petitions received from 16 individuals regarding Traffic light at Gilbert and Court Street. Douglas Baynton regarding Planning and Zoning Meeting. Jennifer Kerns regarding Union Street No Parking. Jim Lenz regarding Fareway Store. Frank Mitros regarding Annexation (with response from PCD Director). Nick Klenske regarding meeting with University of Iowa. Student Senate. In response to Council Member Kanner, the City Attorney will provide a memo outlining the procedure for protesting a rezoning if public land is involved. Council Member Kanner noted the Board of Adjustment minutes granting the Greater Iowa City Housing Fellowship three less parking spaces than what's required, and requested bus service for the area be discussed during budget deliberations. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to approve the Class C liquor license for Downtown Iowa City Entertainment, LLC, dba Union, 121 I=. College Street. Individual Council Members expressed their views. Police Chief Winkelhake present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to approve three cab stations located in the 400 Block of College Street. Individual Council Members expressed their views. Asst. PCD Director Davidson present for discussion. The Mayor declared the motion carried, 6/1, with the following division of voice vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Complete Description January 8, 2002 Page 3 Senior Center Commissioner Deborah Schoenfelder updated Council on activities at the Center. John Loomis, 219 Teeters Court, appeared regarding Hickory Heights. Moved by Champion, seconded by Vanderhoef, to set a public hearing for January 22 on an ordinance to rezone 95 acres located between Court Street and Lower West Branch Road from Low Density Single Family, RS-5, and Medium Density Single-Family, RS-8, to Sensitive Areas Overlay (Lindemann Subdivision). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to set a public hearing for January 22 on an ordinance to vacate the northern 184 feet of the 20-foot wide alley right-of-way located south of Burlington Street and west of Dubuque Street. Asst. PCD Director Davidson present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to set a public hearing for January 22 on an ordinance to vacate a portion of Northgate Drive. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to set a public hearing for January 22 on a resolution annexing 4.01 acres located south of Herbert Hoover Highway east of Scott Boulevard. The Mayor declared the motion carried unanimously, 7/0, ail Council Members present. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for January 22 on an ordinance rezoning 4.01 acres located south of Herbert Hoover Highway east of Scott Boulevard from County Local Commercial, C-1, to Commercial Office, CO-1. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, that the 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor stated he has a conflict of interest on the next item and left the meeting. Mayor Pro tern Vanderhoef presiding. Moved by O'Donnell, seconded by Wilburn, that the ordinance to vacate West Benton Court north of Benton Street (Oaknoll), be given second vote. Affirmative roll call vote unanimous, 5/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell. Nays: Pfab. Absent: Lehman. The Mayor Pro tern declared the motion carried. Mayor Lehman returned to the meeting. Moved by Pfab, seconded by O'Donnell, that ORD. 02-3994, Bk. 45, p. 2, TO REZONE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HISTORIC PRESERVATION OVERLAY (RS-8/OHP) FOR THE DESIGNATION OF THE LONGFELLOW HISTORIC DISTRICT WITHIN THE LONGFELLOW NEIGHBORHOOD, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Pfab, that ORD. 02-3995, Bk. 45, p. 3, TO REZONE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO CONSERVATION DISTRICT OVERLY (RS-8/OCD) FOR THE DESIGNATION OF THE CLARK STREET CONSERVATION DISTRICT WITHIN THE LONGFELLOW NEIGHBORHOOD, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Complete Description January 8, 2002 Page 4 Moved by Pfab, seconded by Champion, that ORD. 02-3996, Bk. 45, p. 4, TO REZONE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO CONSERVATION DISTRICT OVERLY (RS-8/OCD) FOR THE DESIGNATION OF THE DEARBORN STREET CONSERVATION DISTRICT WITHIN THE LONGFELLOW NEIGHBORHOOD, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Vanderhoef, that ORD. 02-3997, Bk. 45, p. 5, VACATING 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 passed and adopted. Asst. PCD Director Davidson present for discussion. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. The Mayor stated he had a conflict of interest on the next item and left the meeting. Mayor Pro rem Vanderhoef presiding. Moved by O'Donnell, seconded by Champion, that ORD. 02-3998, Bk. 45, p. 6, CHANGING THE ZONING DESIGNATION OF 4.01 ACRES LOCATED EAST OF HARLOCKE STREET FROM HIGH-DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) TO SENSITIVE AREAS OVERLAY-44 (OSA-44), be passed and adopted. Affirmative roll call vote, 6/0, with Kanner and Pfab abstaining, Lehman absent. The Mayor Pro tem declared the motion carried unanimously, 6/0 (in accordance with Res. 00-117), Lehman absent. The Mayor Pro tern declared the ordinance adopted. Mayor Lehman returned to the meeting. Moved by Vanderhoef, seconded by O'Donnell, to defer to January 22, resolution approving the final plat of Oakes Sixth Addition, a 30.11-acre, 18-1ot residential subdivision located at the western terminus of Bristol Avenue. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-06, Bk. 127, p. 6, APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PART 2, 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 the Iowa City Housing Authority Section 8 Administrative Plan. Housing Adm. Grosvenor and Asst. City Atty. Dulek present for discussion. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-07, Bk. 127, p.7, TO ADOPT THE IOWA CITY HOUSING AUTHORITY SECTION 8 ADMINISTRATIVE PLAN. Moved by Kanner, seconded by Pfab, to amend the resolution to reduce from five years to three years the ability to check for criminal activity. The Mayor declared the motion to amend defeated, 1/6, with the following show of hands vote: Ayes: Kanner. Nays: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the Iowa City Housing Authority Public Housing Admissions and Continued Occupancy Plan (ACOP). No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-08, Bk. 127, p. 8, TO ADOPT THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description January 8,2002 Page 5 A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Scott Boulevard Extension - ACT to Rochester Avenue, F/K/A Scott Boulevard Extension Phase IV 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 Champion, to adopt RES. 02-09, Bk. 127, p. 9, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SCOTT BOULEVARD EXTENSION - ACT TO ROCHESTER AVENUE, F/K/A SCOTT BOULEVARD EXTENSION PHASE IV PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the landfill salvage barn & furniture project, establishing amount of bid security to accompany each bid, directing city clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Pfab, seconded by Wilburn, to adopt RES. 02-10, Bk. 127, p. 10, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE LANDFILL SALVAGE BARN & FURNITURE BUILDING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, that ORD. 02-3999, Bk. 45, p. 7, 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 APPLICATION AND/OR DRIVING BADGE, be passed and adopted. The following individuals appeared: Tricia Donatti, 1825 Friendship St., Tony Donatti, 1825 Friendship St.; and Delbert Knight. Moved by Pfab, seconded by Champion, to defer until January 22, 2002. The Mayor declared the motion to defer defeated, 3/4, with the following show of hands: Ayes: Pfab, Kanner, Champion. Nays: Vanderhoef, Wilburn, Lehman, O'Donnell. Affirmative roll call vote on final reading of the ordinance unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-11, Bk. 127, p. 11, RESCINDING PRIOR RESOLUTION NO. 97-60 AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS OF VEHICLES FOR HIRE, BY REPLACING "TAXICAB" REFERENCES WITH "VEHICLE FOR HIRE" AND AMENDING THE PARKING STAND FEE WITH GENERAL LANGUAGE TO REFLECT ANY CHANGES THAT MAY BE MADE IN PARKING FEE ORDINANCE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description January 8, 2002 Page 6 Moved by Pfab, seconded by Wilburn, that ORD. 02-4000, Bk. 45, p. 8, AMENDING TITLE 6 OF THE CITY CODE BY REPEALING CHAPTER 7, ENTITLED "SMOKING IN PUBLIC PLACES" AND ENACTING A NEW CHAPTER 7, ENTITLED "SMOKING IN FOOD ESTABLISHMENTS," be passed and adopted. The following individuals appeared: Nick Herbold, 702 N. Dubuque St, U of I Student Senate; Ruth Baker, 515 W. Benton; Kevin Perez, 161 Columbia Drive, "126" and Monkey House; Brett Castillo, 613 E. Court St.; Ron Megan; Richard Lutz, 302 Richards St.; Kathi Rundell; Kirsten Drexler; Patty Williams; Martha Lutz, 302 Richards St.; Jon Meester, 924 Friendly. Individual Council Members expressed their views. Moved by Champion, seconded by O'Donnell, to defer final reading until after the Chamber of Commerce had completed an impact study on businesses downtown and surrounding communities. The Mayor declared the motion to defer defeated, 2/5, with the following division of voice vote: Ayes: Champion, O'Donnell. Nays: Kanner, Lehman, Pfab, Vanderhoef, Wilburn. Moved by Vanderhoef, seconded by Pfab, to amend the ordinance to include an effective date of March 1,2002. The Mayor declared the amendment carried, 6/1, with the following division of voice vote: Ayes: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Champion. The Mayor declared the ordinance adopted as amended, 4/3, with the following division of roll call vote: Ayes: Pfab, Kanner, Vanderhoef, Wilburn. Nays: O'Donnell, Champion, Lehman. Absent: None. Moved by Vanderhoef, seconded by Pfab, to amend the ordinance just passed by including all establishments that prepare and serve food for on premises consumption. Moved by Kanner, to defer discussion and vote on the amendment until the Council's next work session and formal meeting. The Mayor declared the motion died for lack of a second. Council Member Vanderhoef withdrew her motion to amend and asked that the item be placed on the next Council work session. Majority of Council agreed. Correspondence was received from the following individuals: Theodore Yank, Elizabeth Mackenzie, Kelley McLaughlin, Geoffrey McLennan, Robert Kopp, Sharon Baumler, Kemp Kernstine, Lar and Sue Fuortes, Rhys Jones and Valerie Chittick, Eileen Fisher, David Gould, Renee Gould, Susan Zoeckler, Zach Hall, Joe Woodhouse, Lydie Mabikulu, Hallie Gilmore, Samantha Sidwell, Danielle Ramsey, Sandy Pickup, Jeff Murray, Ike Barnes, John Williams, Jean Amdt, Robin Sueppel, Claudia Corwin, Carolyn Cavitt and Julie Phye, Diane Schweer, Laura Phearman, Doni DeNucci, Nicole Torchia, Joyce Hobart, Kathleen Winkelhake, John Yutzy, Stan Aldinger, Alan Achtner, Martha Lutz, John Ferguson, Gayle Nelson, Ann Kohl, Helene Hembreiker. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-12, Bk. 127, p. 12, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. Sr. Civil Engr. Scott present for discussion. 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 approve the exterior signage and fa(;ade to China Star in the Old Capitol Town Center on Clinton Street. City Engr. Fosse present for discussion. Moved by Vanderhoef, seconded by Kanner, to consider Item No. 16 to allow City Engr. Fosse time to retrieve a copy of the proposed sign from his office. The Mayor declared the motion carried, 7/0, all Council Members present, and Council preceded to item #16. Complete Description January 8, 2002 Page 7 Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-13, Bk. 127, p. 13, RESCINDING RESOLUTION NO. 770 AND RESOLUTION NO. 71-253 TO DISBAND THE PROJECT GREEN "GREEN FUND" AS A CITY FUND. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. (Council returned to Item No. 14 on the agenda.) Moved by O'Donnell, seconded by Pfab, to adopt RES. 02-14, Bk. 127, p. 14, APPROVING THE EXTERIOR SIGNAGE AND FA(~ADE TO CHINA STAR IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-15, Bk. 12'7, p 15, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRUNK SEWER IMPROVEMENTS PROJECT to Van Hauen & Associates for $1,071,000.00. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted that the vacancy on the Airport Zoning Board of Adjustment, for one five year term January 1,2002 - December 31,2006, will be readvertised. Moved by O'Donnell, seconded by Pfab, to make the following appointments to Boards and Commissions: Maryann Dennis, 1307 Rochester Avenue, to the Animal Care and Adoption Center Advisory Board to fill an unexpired term ending December 31,2003; Eric Gidal, 714 N. Johnson, to the Board of Adjustment to fill a five year term January 1,2002 - January 1,2007; reappoint Thomas Werderitsch, 3 Evergreen Place, to the Board of Appeals for a five year term January 1,2002 - December 31,2006. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the current vacancies: Civil Service Commission - One vacancy to fill a four-year term April 1, 2002 - April 3, 2006; Senior Center Commission - One vacancy to fill an unexpired term ending December 31, 2004; Planning and Zoning Commission - One vacancy to fill an unexpired term ending May 1,2003. Applications must be received by 5:00 p.m., Wednesday, February 13. The Mayor noted the previously announced vacancies: Airport Commission - One vacancy to fill a six-year term March 1,2002 - March 1, 2008; Historic Preservation Commission - Three vacancies (One Moffitt Cottage District Representative and Two At-Large Representatives) to fill three-year terms March 29, 2002 - March 29, 2005; Telecommunications Commission - Two vacancies to fill three-year terms March 13, 2002 - March 13, 2005. Applications must be received by 5:00 p.m., Wednesday, February 13. Council Member Vanderhoef reported on her attendance at the newly formed State League of Cities, Cities Voice, elected officials lobby group and stated she would be providing updated in Council packets. Council Member Wilburn noted the Library Ground Breaking scheduled for Saturday, January 19; and congratulated the Iowa Hawkeye Women's Basketball team on defeating Purdue. Council Member Kanner requested an update on the First Avenue sidewalk and discussions with the Thomas family, Mayor and staff will follow up; requested a memo on the Senior Dining situation with Elderly Services; received information and status on the City's vault covers and liability issues from the City Atty., City Atty. drafting ordinance for Council consideration; requested an update on the status of Complete Description January 8, 2002 Page 8 acquiring art from the University Master's Thesis Program, PCD Director Franklin to follow up; noted the report from the Asst. City Atty. regarding the PCRB sustained complaint, and asked that the matter be scheduled for an upcoming work session, majority of Council requested a copy of the new policies on juvenile consent; invited Council and the community to a reception honoring his sister's (Rebecca) release from prison for doing non-violent civil disobedience protest against the School of Americas on January 14. City Atty. Dilkes requested Council Members raise issues at the work session that need staff attention to allow staff time to respond prior to the formal meeting. Moved by O'Donnell, seconded by Pfab, to adjourn 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk