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HomeMy WebLinkAbout2002-03-19 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 MARCH 19, 2002 Iowa City City Council regular meeting 7:00 p.m. 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, O'Malley, Shera. Council minutes recorded on Tape 02-30, Both Sides; Tape 02-33, Side 2. The Mayor proclaimed: Public Access Television Day - April 5, Tom Nothnagle, PATV Board Chairperson, accepting; Severe Weather Awareness Week - March 25-29. The Mayor announced the recipient of the Richard W. Lee Award and presented the award to Officer Daniel Dreckman. Retired Capt. Richard W. Lee and Capt. Widmer present. The Mayor presented Outstanding Student Citizen Awards to Grant Wood Elementary students: Nic Reed, Merritt Rodriguez, Hannah VanderSchel, and Adam Sullivan. 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 meeting of February 19, regular meeting of February 19, and special meeting of February 27, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing and Community Development Commission - January 17. Iowa City Airport Commission - January 10. Iowa City Public Art Advisory Committee - February 7. Iowa City Public Library Board of Trustees - January 24. Iowa City Telecommunications Commission - January 28. Parks and Recreation Commission - February 13. Planning and Zoning Commission - February 7. Police Citizens Review Board - February 26 Recommendation: Accept PCRB Report on Complaint #01-05. Senior Center Commission - January 15. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Jun Yu Xie dba Tokyo Ichiban, 1951 Broadway. Class C Liquor License for Okoboji lC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd. Renewals: Special Class C Liquor License for Sushi Po Po Corporation, Inc., dba Sushi Po Po, 725 Mormon Trek Blvd. Class C Liquor License for Iowa City Lodge #590 B.P.O. Elks of U.S.A. dba B.P.O. Elks #590, 657 Foster Rd. Class C Liquor License for First Avenue Club, Inc., dba First Avenue Club, 1550 S. First Ave. Refund an unused portion of a Class C Liquor License for Downtown Iowa City Entertainment dba Malone's Irish Pub, 121 Iowa Ave. RES. 02-79, Bk. 127, p. 79, TO ISSUE A DANCE PERMIT for First Avenue Club, Inc., dba First Avenue Club, 1550 S. First Ave. Setting Public Hearings, Bk. 127: RES. 02-80, p. 80, FIXING DATE of April 2 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA, CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-81, p. 81, FIXING DATE of April 2 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $610,000 GENERAL OBLIGATION BONDS (FOR A GENERAL Complete Description March 19, 2002 Page 2 CORPORATE PURPOSE) OF IOWA, CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-82, p. 82, FIXING DATE of April 2 FORA MEETING ON THE PROPOSITION OF THE ISSUANCE OF $680,000 GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) OF IOWA, CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-83, p. 83, FIXING DATE of April 2 FORA MEETING ON THE PROPOSITION OF THE ISSUANCE OF $230,000 GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) OF IOWA, CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-84, p. 84, FIXING DATE of April 2 FORA MEETING ON THE PROPOSITION OF THE ISSUANCE OF $700,000 GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) OF IOWA, CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-85, p. 85, SETTING A PUBLIC HEARING for April 2 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY02 BRIDGE MAINTENANCE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 02-86, p. 86, SETTING A PUBLIC HEARING for April 2, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES BONDS, FINES AND PENALTIES," ARTICLE 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE CERTAIN SOLID WASTE CHARGES. RES. 02-87, p. 87, FIXING TIME, DATE (April 2) AND PLACE FOR HEARINGS ON PROPOSED CIVIL PENALTIES OF $300.00 AGAINST DELI MART, MUMM'S SALOON & EATERY, AND NORTH DODGE EXPRESS, AND OF 30-DAY SUSPENSIONS AGAINST CITY NEWS & BOOKS AND DEADWOOD TAVERN. Resolutions, Bk. 127: RES. 02-88, p. 88, ACCEPTING WAIVER OF RIGHT TO HEARING AND SUSPENDING RETAIL CIGARETTE PERMIT OF A & J MINIMART, INC. FOR A PERIOD OF THIRTY (30) DAYS. RES. 02-89, p. 89, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI MART #2, 1920 LOWER MUSCATINE, IOWA CITY. RES. 02-90, p. 90, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI MART #5, 206 E. BENTON STREET, IOWA CITY. RES. 02-91, p. 91, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM EAGLE FOOD CENTER #157. RES. 02-92, p. 92, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HAWKEYE CONVENIENCE STORE. RES. 02- 93, p. 93, NAMING DEPOSITORIES. RES. 02-94, p. 94, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK, N.A., NORTH LIBERTY, IOWA, FOR PROPERTY LOCATED AT 2204 CALIFORNIA AVENUE, IOWA CITY, IOWA. RES. 02-95, p. 95, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, AN ADDENDUM, AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1714 DEFOREST STREET, IOWA CITY, IOWA. RES. 02-96, p. 96, AUTHORIZING THE MAYOR TO SIGN AND THE Complete Description March 19, 2002 Page 3 CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2750 IRVING AVENUE, IOWA CITY, IOWA. RES. 02-97, p. 97, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR A PORTION OF LOT 36, SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, IOWA. RES. 02-98, p. 98, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE HUNTERS RUN PARK PROJECT. RES. 02-99, p. 99, ACCEPTING THE WORK FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS. RES. 02-100a, p. 100a, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE PARTIAL RELEASE OF A DRAINAGE EASEMENT LOCATED ON LOT 1, PARK VIEW TERRACE SUBDIVISION. Correspondence: Mary and Martin Gaffey regarding Scott Court Zoning Change [staff response included]. Doug Elliott (EClCOG) regarding Zoning Training Opportunity. Doug Elliott (EClCOG) regarding EClCOG Express. Dan Rossi (U of I Student Body Vice President) regarding Student Involvement in Iowa City Government. Simon Willard regarding Plaque on Iowa Avenue and Traffic Light at Gilbert and Iowa [staff responses included in packet]. Scott Kading regarding State Appeals Court. Joe Bolkcom (State Senator) regarding MidAmerican. Carol Spaziani and Saul Mekies regarding Municipally-Owned Electric Utility. Postcards from 13 individuals regarding Protect the Park [All scanned and included in the final archived meeting folder in the City Clerk's Office]. Petitions from 124 individuals regarding Conference Center/Hotel/Rainforest in Coralville Industrial Park [All scanned and included in the final archived meeting folder in the City Clerk's Office]. Petitions from 4 individuals regarding Vision Iowa in Coralville [All scanned and included in the final archived meeting folder in the City Clerk's Office]. JCCOG Traffic Engineering Planner regarding Installation of a YIELD sign at the intersection of Woodside Drive and Woodside Place; Installation of a NO PARKING ANYTIME sign on the west side of the 600 block of South Madison Street. Dave Moore regarding Liquor License Citations. Renee Heart regarding liter. Fred Van Allen regarding Eye Sore. John Lenoch regarding Municipal Utility Rates. Correspondence distributed in February 28 Information Packet: Wally Plahutnik regarding Northside Streetscape. Carol Thompson (JC Board of Supervisors) regarding Proposal to Consider Transit Authority for Johnson County. JCCOG Traffic Engineering Planner regarding Designation of Four Vehicle for Hire Stands for Yellow Cab Taxi Company Located' in the 400 Block of College Street, and One Vehicle for Hire Stand for Old Capitol Cab Taxi Company Located in the 100 Block of Linn Street. Correspondence distributed in March 7 Information Packet: Roger Alberts regarding Dam Renovation. Brian and Yvonne McCabe regarding Mediacom. Rick Mascari (Airport Commission) regarding TIF District. Julia Daughterty regarding Idea for Public Transportation. Jason Brummond regarding Smoking Ban. James Duke, PhD regarding Parking. Gian Sachdev [Daily Iowan] regarding First Contact - 6 mo Anniversary of September 11 Tragedy. Postcard from 1 individual regarding MidAmerican Energy Franchise. James Glonke regarding Intersection of Woodside Place and Woodside Drive. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description March 19, 2002 Page 4 Charity Rowley, Senior Center Commissioner, updated Council on activities at the Center. Cyril McKay, Parson's Inn, requested City assistance for locating a facility in Iowa City. Staff will provide information. Moved by Vanderhoef, seconded by Q'Donnell, to set a public hearing for April 2 on amendments to the Comprehensive Plan, South District Map to show the general alignment of a future east-west arterial street and to amend the text of the plan to refer to the alignment. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for April 2 on amendments to the Comprehensive Plan to provide for the location of large apartment complexes and to amend the South District Plan land use map to depict multi-family development on the east side of South Gilbert Street east and south of Napoleon Park. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to set a public hearing for April 2 on an ordinance rezoning 17.64 acres from Interim Development Single Family (ID-RS) and Interim Development Multi-Family (ID-RM) to Planned Development Housing Overlay-12 (OPDH-12)to allow 168 dwellings in 18 buildings located on the east side of Gilbert Street south of Napoleon Lane. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from James Trager. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to set a public hearing for April 2 on an ordinance rezoning 5.45 acres from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix Drive. 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 April 2 on an ordinance amending the Neighborhood Commercial, CN-1, zone to broaden the uses allowed and to revise the dimensional requirements and design provisions. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for April 2 on an ordinance amending the Zoning Code, Article O, Sign Regulations, to permit portable signs in the Central Business Service, CB-2, Central Business Support, CB-5, and Central Business, CB-10, zones. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning 18.2 acres from Low Density Single-Family, (RS-5) to Sensitive Areas Overlay Low Density Single-Family (OSA-5) and a preliminary sensitive areas development plan for Hickory Heights, a 20-lot residential subdivision located west of Scott Boulevard near its intersection with Dodge Street. The following individuals appeared: Atty. Mike Pugh, representing the applicant; Atty. Clemens Erdahl, representing Friends of Hickory Hill Park; Karin McKeone, 1181 Hotz Ave., distributed a memo from Friends of Hickory Hill Park; John Loomis, Friends of Hickory Hill Park; Andrew Epstein, Friends of Hickory Hill Park and LEAF; Kevin Hochstedler, President, Greater Iowa City Home Builders Assn.; Jeff Carmack, 304 S. Summit St.; Tom Carsner, 1627 E. College Ct. Place; Holly Berkowitz, 612 Granada Ct.; Pat Ephgrave, 325 Ferson Ave.; Caroline Dietede, Walnut St.; Sarah Walz, 1813 Morningside Dr.; and Brandon Ross. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from Linda Fisher, Complete Description March 19, 2002 * Revised 4/1/02 Page 5 and Friends of Hickory Hill Park (read by Karin McKeone). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Lehman left the room due to a conflict of interest. Mayor Pro tem Vanderhoef presiding. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that the ordinance to rezone approximately 2,800 square feet from Low Density Multi-Family Residential, RM-12, to High Density Multi-Family, RM-44, for property located at the north end of West Benton Court (Oaknoll), be voted on for final passage at this time. The Mayor Pro tem declared the motion to suspend defeated, 4/2, with the following division of votes. Ayes: Champion, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab, Kanner. Absent: Lehman. Moved by Wilbum, seconded by O'Donnell that the ordinance to rezone receive second vote for consideration. The Mayor Pro tem declared the motion carried, 5/1, with the following division of roll call vote. Ayes: O'Donnell, * Kanner, Vanderhoef, Wilburn, Champion. Nays: Pfab. Absent: Lehman. Mayor Lehman returned to the meeting and now presiding. Moved by Wilburn, seconded by Vanderhoef, that rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ORD. 02-4010, Bk. 42, p. 18, TO AMEND SECTION 14, CHAPTER 6, ENTITLED "ZONING, "ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," TO PERMIT GROCERY STORES AS A SPECIAL EXCEPTION IN THE C1-1, INTENSIVE COMMERCIAL ZONE, be voted on for final passage at this time. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by O'Donnell, that the ordinance be adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Absent: None. Moved byVanderhoef, seconded by Pfab, that ORD. 02-4011, Bk. 45, p. 19, TO REZONE APPROXIMATELY .63 ACRES LOCATED AT 707 DUBUQUE STREET FROM HIGH DENSITY MULTI-FAMILY, RM-44, TO HIGH DENSITY MULTI-FAMILY SENSITIVE AREAS OVERLAY, RM-44/OSA (Svobada), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, to defer to April 2 an ordinance vacating the northern 182 feet of the 20ofoot wide alley right-of-way located south of Burlington Street and west of Dubuque Street. The Mayor declared the motion carried unanimously 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to defer to April 16 a resolution approving the preliminary plat of Napoleon Heights, a 146.68 acre, 4-lot subdivision located on the east side of Gilbert Street north of the southern city limits. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Mike Brandrup. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer to April 2 a resolution approving the final plat of Stone Bridge Estates, parts 2-4, a 13.98 50-lot residential subdivision located east of Camden Road north of Court Street. The Mayor declared Complete Description March 19, 2002 Page 5 and Friends Hill Park (read by Karin McKeone). The Mayor decl~,red the ~animously, 7/0, all Council Members present. lan left the room due to a conflict of interest. Mayor P Vanderhoef Moved by Wilburn, seconded by Champion, rule requiring be considered and voted on for final passage Council meetings prior to the i at which it is to be finally passed be ~ended, the second consideration vote be waived, and that the ordinance rezone approximately 2,800 s( ~ feet from Low Density Multi-Family RM-12, to High Density Multi-F RM-44, for property located at the end of West Benton Court (Oaknoll), on for final passage at this ti~ ,~. The Mayor Pro rem declared the motion to defeated, 4/2, with the division of votes. Ayes: Champion, II, Vanderhoef, Wilbum. N. Pfab, Kanner. Absent: Lehman. Moved by seconded by O'Donn that the ordinance to rezone receive second vote ideration. The Mayor tem declared the motion carried, 5/1, division of roll call Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Na, Kanner. Abse~ Lehman. Mayor Lehman returned to the and nc presiding. Moved by Wilburn, seconded by Vanderhoef, that rule ~g ordinal to be considered and voted on for final passage at two Council g at which it is to be finally passed be suspended, the and vote be waived, and the ORD. 02-4010, Bk. 42, p. 18, TO AMEND S 14, CHAPTER 6, ENTITLED "ZONING, "ARTICLE E, ENTITLED "COMMI~ :IAL AND BUSINESS ZONES," TO PERMIT GROCERY STORES AS A SPECIA IN THE C1-1, INTENSIVE COMMERCIAL ZONE, be 'final passage at this time. Individual Council Members expressed the r'he Mayor declared the motion carried, 6/1, with the following division of Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum, Champion. , .\Absent: None. Moved by Wilburn, seconded by O'Donnell, that ,ordinance be'~dopted at this time. The Mayor declared the ordinance adopt~ 1, with the follb,,wing division of roll call vote. Ayes: O'Donnell, Pfab, Vande~ Wilburn, Chaml~on, Lehman. Nays: Kanner. Absent: None. / ~ Moved by Vanderhoef, se~ond by Pfab, that ORD. ~1,2-4011, Bk. 45, p. 19, TO REZONE APPROXIMATEL/Y .63 ACRES LOCATED AT 7~7 DUBUQUE STREET FROM HIGH DENSl)~Y MULTI-FAMILY, RM-44, TO I~GH DENSITY MULTI-FAMILY SENSITI~E ~REAS OVERLAY, RM-44/OSA (S~obada), be passed and adopted. Affirmative r 1,7call vote unanimous, 7/0, all Council l~lembers present. The Mayor declare,d, the o~ tinance adopted. ~ Moved by O Donn~ , seconded by Vanderhoef, to defer to Ap'~!l 2 an ordinance vacating the hern 182 feet of the 20-foot wide alley righ~of-way located south of Burlin Street and west of Dubuque Street. The Ma~or declared the motion carried ur y 7/0, all Council Members present. \ Moved by lion, seconded by Pfab, to defer to April 16 a resolution approving the ~lat of Napoleon Heights, a 146.68 acre, 4-lot sul~division located on the side of Gilbert Street north of the southern city limits. The Mayor declare( carried unanimously, 7/0, all Council Members present. 'Moved by Vanderh. seconded by O'Donnell, to accept correspondence from Mike Brandrup. ed the motion carried unanimously, 7/0, all Council Members Moved by Vanderhoef, seconded by O'Donnell, to defer to April 2 a resolution approving the final plat of Stone Bridge Estates, parts 2-4, a 13.98 50-lot residential subdivision located east of Camden Road north of Court Street. The Mayor declared Complete Description March 19, 2002 Page 6 the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Atty. R. Bruce Haupert, representing the applicant. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-100b, Bk. 127, p. 100b, APPROVING FINAL PLAT OF FIRST AND ROCHESTER PART FOUR, IOWA CITY, IOWA. Asst. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the filing of the Consolidated Transit Funding application with the Iowa Department of Transportation for FY2003 Iowa DOT State transit assistance and federal transit administration funding. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-101, Bk. 127, p. 101, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2003 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. A public hearing was held on an ordinance regulating and restricting the use and height of structures and objects of natural growth in the vicinity of the Iowa City Municipal Airport by creating appropriate zones and establishing boundaries thereof; defining certain terms used in said ordinance; referring to the Iowa City Municipal Airport zoning map as part of the ordinance; establishing an Airport Zoning Commission; establishing an Airport Zoning Board of Adjustment; providing for enforcement and imposing penalties. No one appeared. Moved by Champion, seconded by O'Donnell, to continue public hearing to April 2. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on conveyance of the north 182 feet of the alley in Block 102 located between Burlington and Court Streets to the Hieronymi Partnership. Moved by Champion, seconded by O'Donnell, to continue the public hearing to April 2. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer to April 2 a resolution authorizing conveyance of the north 182 feet of the alley in block 102 located between Burlington and Court Streets to the Hieronymi Partnership. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on conveyance of an approximately'43,000 square foot parcel of undeveloped Northgate Drive lying north and east of a southerly extension of the easterly line of 10t 7, Highlander Development First Addition, to Northgate Park Associates. No one appeared. Moved by Champion, seconded by Pfab, to adopt RES. 02-102, Bk. 127, p. 102, AUTHORIZING CONVEYANCE OF AN APPROXIMATELY 43,000 SQUARE FOOT PARCEL OF UNDEVELOPED NORTHGATE DRIVE LYING NORTH AND EAST OF A SOUTHERLY EXTENSION OF THE EASTERLY LINE OF LOT 7, HIGHLANDER DEVELOPMENT FIRST ADDITION, TO NORTHGATE PARK ASSOCIATES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Lehman left the room due to a conflict of interest. Mayor Pro tern Vanderhoef presiding. A public hearing was held on conveyance of the vacated West Benton Court Right-of-Way, a 15,577 square foot parce~ lying north of Benton Street Complete Description March 19, 2002 Page 7 and west of Oaknoll Retirement Residence, to Christian Retirement Services, Inc. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-103, Bk. 127, p. 103, AUTHORIZING CONVEYANCE OF 't'HE VACATED WEST BENTON COURT RIGHT-OF-WAY, A 15,577 SQUARE FOOT PARCEL LYING NORTH OF BENTON STREET AND WEST OF OAKNOLL RETIREMENT RESIDENCE, TO CHRISTIAN RETIREMENT SERVICES, INC. The Mayor Pro tern declared the resolution adopted, 4/2, with the following division of roll call vote. Ayes: Champion, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: Lehman. Mayor Lehman returned to the meeting and now presiding. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-104, Bk. 127, p. 104, APPROVING THE ALLOCATION OF PUBLIC ART FUNDS AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE IOWA CITY HOST NOON LIONS CLUB, AND ARTISTS DORIS PARKS AND STEVE MAXON, FOR A BRONZE STATUE OF IRVING WEBER. Individual Council Members expressed their views. Moved by Kanner, seconded by Pfab, that the resolution be amended by amending the amount to $5000 for the City's commitment plus hard and soft cost of installation. The Mayor declared the amendment defeated, 2/5, with the following vote of show of hands: Ayes: Kanner, Pfab. Nays: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. The Mayor declared the resolution adopted as presented, 5/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Moved by Wilburn, seconded by Kanner, to accept correspondence from Bruce Haupert. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Pfab, to defer to April 2 a resolution approving the Financial Plan for the City of Iowa City, Iowa, for fiscal years 2003 through 2005 and the Multi-year Capital Improvements Program through fiscal year 2006. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to defer to April 2 a resolution authorizing execution of an administrative services agreement between the City of Iowa City and Project Green, Inc. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-105, Bk. 127, p. 105, APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CEDAR RAPIDS, THE CITY OF IOWA CITY, AND THE CITY OF MARION FOR SPECIALIZED RESCUE MUTUAL AID IN LINN AND JOHNSON COUNTIES IN IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kanner, seconded by Pfab, to approve a Tax Exemption certificate for $25,785,000 sewer revenue refunding bonds, series, 2002. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Pfab, to approve a Continuing Disclosure certificate for $25,785,000 sewer revenue refunding bonds, series, 2002. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to adopt RES. 02-106, Bk. 127, p. 106, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $25,785,000 SEWER REVENUE REFUNDING BONDS, SERIES, 2002, 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 Complete Description March 19, 2002 Page 8 BONDS. 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 adopt RES. 02-107, Bk. 127, p. 107, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD LANDSCAPE IMPROVEMENTS PROJECT to Culvers Lawn & Landscape for $134,526.70. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Champion, to adopt RES. 02-108, Bk. 127, p. 108, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN PROJECT to TAB Construction, Inc. for $ 613,040.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 02-109, Bk. 127, p. 109, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE-BAY STATES L.R.C., AND MIKE AND MARTY ENT. DBA QUINTON'S BAR AND DELI FOR A SIDEWALK CAFE. Individual Council Members expressed their views. Council requested discussion of the eight foot minimum walkway be scheduled. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kanner, to adopt a resolution in opposition to Iowa SF 165, declaring English as the official language. The Mayor declared the motion died for lack of a second. Moved by Pfab, seconded by O'Donnell, to make the following appointments to Boards and Commissions: appoint Tim Weitzel, 523 Grant Street, to the Historic Preservation Commission for a three year term March 29, 2002 --March 29, 2005. (New district - Longfellow Historic District Representative); reappoint Elizabeth Koppes, 1524 California Avenue to the Planning & Zoning Commission for a five year term May 1, 2002 - May 1, 2007. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: Airport Zoning Board of Adjustment - One vacancy to fill a five year term January 1,2002 - December 31, 2006; Historic Preservation Commission - Two vacancies (One Moffitt Cottage District Representative and One At-Large Representative) to fill three-year terms March 29, 2002 - March 29, 2005. Applications must be received by 5:00 p.m., Wednesday, March 27. Council Member Pfab read the bottom statement on the City Council agenda regarding availability of documents on the City's website, ~WW/lCgOV. org/pouncilagendas . asp. In response to Council Member Champion, City Atty. Dilkes stated Council zones pursuant the comprehensive plan, and that presumably once the zoning is in place you've complied with the district plans. City Mgr. stated he would confirm via a memo. Council Member O'Donnell stated his concerns with recent news reports of remnants of a meth lab found in Hickory Hill Park. In response to Council Member Pfab, the City Mgr. stated that warnings will be issued and then citations issued for loose dogs in the park. Complete Description March 19, 2002 Page 9 Council Member Vanderhoef repot[ed on the National League of Cities meeting in Washington, D.C., and her participation in the Municipalities and Transition Panel. Council Member Wilbum alerted citizens to Senate File 2240 that eliminates a requirement that each child in Iowa receive a multi-cultural, non-sexist and global education; and urged citizens to contact their state legislators opposing the bill. Council Member Wilburn suggested that the next JCCOG meeting and/or joint meeting should have a discussion dealing with exploration of municipal power. Council Member Kanner thanked the City Attorney's office for their roll in the decision supporting openness of public records regarding the water plant construction; thanked the Human Rights Commissions for opposing the English as the official language bill; acknowledged the partial sponsorship by the Human Rights Commission for the Women of Peace Panel; noted the United Nations organization that raises funds for women's empowerment and economic advantage throughout the world are sponsoring a walk for Afghanistan women and girls, and the contact person locally is Dorothy Paul; stated that a number of City officials, including himself, had a good time shadowing West High students last week; wished everyone a Happy Spring, Happy Passover, Happy Easter and stated his support of Shrek for best animated feature at the Academy Awards. Mayor Lehman stated we have been challenged for the first every Mayor's Blood Cup Challenge by the communities of Macomb, Bettendorf, Moline, and Davenport for blood donations during the month of March, and encouraged local participation; reported on a visit with a number if Vietnamese guests in town with the University International Writers Workshop; and acknowledged that City Engr. Rick Fosse had been awarded the Outstanding Government Civil Engr. award for 2001. City Mgr. Atkins noted the Economic Development Committee would be meeting at 8:30 a.m., Thursday morning. Moved by O'Donnell, seconded by Vanderhoef,~to adjourn 9:30 p.m. The Mayor declared the motion carried unanimously, 7,~, ~1 Council Members.pr~esent. Ernest W. Lehman, Mayor ~a~an K. Karr, City (~lerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, $56-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS 2/19/02 Iowa City City Council special meeting 5:00 p.m., at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Moved and seconded to adjourn to executive session to consider a motion to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 5:40 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. Karr, City Clerk Submitted'for publication - 2/27/02. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office $56-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 2/19/02 Iowa City City Council regular meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilt)urn. Absent: None. The Mayor presented the State of the City message. The Mayor proclaimed: Special Olympics Month - March 2002, Jori Meskimen, accepting with Karna Szczech, Julie Brumbaugh, Janene Edwards, Kristen Phillips, James Sullivan, David Chapman, Coach Ashley Wilson, Randy Noel, Kdstin Watkins, Mallory Earnest; Breath of Fresh Air Month - March 2002, Beth Ba~linger, spokesperson for Breath of Fresh Air and CAFE accepting; Sertoma's Freedom Week - February 16-22, Julie Carrico, Director of National Heritage Essay Contest, accepting; Girl Scout Week- March 10-16, Carlo Jesse, Community Development Director of Girl Scouts of Mississippi Valley, accepting with area Girl Scouts. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary School students: Catharine Found, Alex Kron, and Anna Murray. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended, with the de~etion of item 5e(6): Approval of Official Council Actions for special meetings of February 5, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Board of Appeals - January 22. Iowa City Public Lit)rary Board of Trustees - December 10. Iowa City Telecommunications Commission - November 26. Iowa City Telecommunications Commission - December 10. Parks and Recreation Commission - January 9. Planning and Zoning Commission - January 17. Police Citizens Review Board - January 8 Recommendation: Grant a 30-day extension to complete the Public Reports on #01-05 and #01-06. Police Citizens Review Board - January 14 Recommendation: Grant a 30-day extension to complete its Public Report on #01-04. Police Citizens Review Board - February 5 Recommendations: a) Accept PCRB Report on Complaint #01-04 with changes as noted; b) Grant a SO-day extension, to April 5, 2002, to allow PCRB to complete its Public Report on #01-06 due to difficulties contacting witnesses and further collection of information. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Thai Spice Restaurant, 1210 S. Gilbert St~ Renewals: Special Class C Liquor License for Devotay, 117 N. Linn St. Class C Liquor License for E~ob's Your Uncle, 749 Mormon Trek Blvd. Crass C Liquor License for It's Brothers Bar & Grill, 125 S. Dubuque St. Class C liquor License for One-Eyed Jake's, 18-20 s. Clinton St. Class C Liquor License for Fieldhouse Restaurant & Nightclub, 111 E. College St. Class C Liquor License for El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. Class E Liquor License for John's Grocery, Inc., 401 E. Market St. RES. 02- Official Actions February 19, 2002 Page 2 51, TO ISSUE DANCE PERMIT for It's Brothers Bar & Grill, 125 S. Dubuque St.; and One-Eyed Jake's, 18-20 S. Clinton St.; and Fieldhouse, 111 E. College St. Setting Public Hearings, RES. 02~52, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $27,055,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions: RES. 02-53, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2019 G STREET, IOWA CITY, IOWA. RES. 02-54, ACCEPTING THE WORK FOR THE SOUTH SYCAMORE REGIONAL GREENSPACE SEEDING PROJECT. RES. 02-55, ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR THE RESUBDIVISlON OF LOT 53, WALDEN HILLS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. RES. 02-56, ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR LOT 40, WEST SIDE PARK, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. RES. 02-57, ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WALNUT RIDGE- PARTS EIGHT, NINE AND TEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-58, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, PAVING, AND REINFORCED CONCRETE BOX CULVERT PUBLIC IMPROVEMENTS FOR THE RI=SUBDIVISION OF LOT 52, WALDEN HILLS, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-59, ACCEPTING THE WORK FOR THE CIVIC CENTER RE-ROOF PHASE II PROJECT. RES. 02-60, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION UNIFIED CERTIFICATION PROGRAM AGREEMENT. RES. 02-61, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT SANITARY SEWER EASEMENT AGREEMENT IN CONNECTION WITH LOTS 39 AND 40, WEST SIDE PARK, IOWA CITY, IOWA. Correspondence: Joe Raso (ICAD) regarding Request for ICAD Activities Presentation. Michael Jones regarding Police Entry. Scott Kading regarding Underground Parking for James Clark. Fritz Hirter (US Environmental Protection Agency) regarding Fact Sheet. Ariana Betenbender regarding Library and Water Meters. Jim Larew regarding Public Power. LaVonn Horton regarding Power Feasibility Study. Geoff Johnson regarding Waterworks Park, apartment Complex, Hickory Hill, Mediacom. James Throgmorton regarding Parks. JCCOG Traffic Engineering Planner regarding School Crosswalk Pavement Markings and Signs on Park Road between Holt Avenue and Beldon Avenue. Installation of One Handicap Parking Space in the 64-1a Parking Lot on Linn Street Adjacent to the Iowa City Public Library. Handicapped Parking Signs on the West Side of the 800 Block of 2® Avenue Removal of Four No-Parking 2 am-6am and Four Tow Away Zone Signs from the 400 Block of South Maiden Lane. Correspondence distributed in February 7 Information Packet: Anthony DeNicola (White Buffalo Inc.) regarding Annual Official Actions February 19, 2002 Page 3 versus Alternate Year Deer Management Scheduling. Frank Mitres regarding Hummingbird Lane. Postcard from (1) individual regarding Protect the Park. Judy Pfohl regarding Enlightened Perspective. Doug Elliott regarding Floodplain Management Workshop. The Mayor declared the motion carried. Moved and seconded to adopt a resolution 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 MMS Consultants, Inc. to provide engineering consultant services for the design of the South Sycamore Regional Greenspace Landscape and Trail project. Moved and seconded to defer consideration of the resolution to the February 27 Council meeting. The Mayor declared the motion carried. Jay Honohan, Senior Center Commission Chair, updated Council on activities at the Center as well as the decision by the County to reduce $45,000 from the operating budget. Peter Hansen, Public Power Initiative, encouraged a study of establishment of a municipal utility. Moved and seconded to accept correspondence from Mr. Hansen. The Mayor declared the motion carried. Caroline Dieterle, Walnut St., appeared regarding the juvenile consent to search policy. Moved and seconded to accept correspondence from Ms. Dieterle. The Mayor declared the motion carried. Andrew Epstein, 1171 E. Jefferson St., appeared regarding the creation of the Friends of Hickory Hill Park Land Enhancement and Acquisition Fund (LEAF). Jim Throgmorton, 1020 Church St., appeared regarding parks and the hiring of a landscape architect. Moved and seconded to set a public hearing for March 19 on an ordinance rezoning 18.2 acres from Low Density Single-Family, (RS-5) to Sensitive Areas Overlay Low Density Single-Family (OSA-5) and a preliminary plat of Hickory Heights, a 20-lot resident subdivision located west of Scott Boulevard near its intersection with Dodge Street. The Mayor declared the motion carried. The Mayor stated he had a conflict of interest on the next item and left the room. Mayor Pro tem Vanderhoef presiding. A public hearing was held on an ordinance to rezone approximately 2,800 square feet from Low Density Multi-Family Residential, RM-12, to High Density Multi-Family, RM-44, for property located at the north end of West Benton Court Atty. Bob Downer, representing Oaknoll appeared. Mayor Lehman returned to the meeting and now presiding. A public hearing on an ordinance to amend the Sensitive Areas Development Plan for lots 3 and 4 of a resubdivision of Lot 53 of Walden Hills, located at the intersection of Rohret Road and Shannon Drive. Moved and seconded that the ordinance to amend the Sensitiv'e Areas Development Plan for lots 3 and 4 of a resubdivision of Lot 53 of Walden Hills, located at the intersection of Rohret Road and Shannon Drive, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend Section 14-6E of the Zoning Ordinance in order to allow grocery stores in the Intensive Commercial Zone, C1-1, as a provisional use or as a special exception. The following individuals appeared: Atty. Bob Downer, representing Streb Investment Partnership; Karen Kubby, 728 Second Ave.; Ann Bovbjerg, Planning and Zoning Commission Chair. Moved and seconded to accept correspondence from Floyd and Jean Blakely. The Mayor declared the motion carried. Moved and seconded that the ordinance to rezone approximately 0.63 acres located at 707 N. Dubuque Street from High Density Multi-Family, RM-44, to High Official Actions February 19, 2002 Page 4 Density Multi-Family Sensitive Areas Overlay, OSA/RM-44, be given first vote. The Mayor declared the motion carried. Moved and seconded that the 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, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance to vacate the northern 182 feet of the 20-foot wide alley right-of-way located south of Burlington Street and west of Dubuque Street, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance to vacate a portion of Northgate Drive, be given second vote. The Mayor declared the motion carried. Moved and seconded that the 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, be given second vote. The Mayor declared the motion carried. A public hearing was held to discuss the proposed operating budget for the Fiscal Year July 1,2002 through June 30, 2003, the proposed three-year financial plan, and also the Multi-Year Capital Improvements Program through fiscal year 2006. City Manager Atkins provided a summary of the budget process. The following individuals appeared: Byron Ross, 1448 Cromwell; Leah Cohen, 1638 Teg Drive; Casey Cook; Karen Kubby, 728 Second Ave.; Rod Sullivan, 2326 E. Court St.; Dennis Keitel, 1696 Ridge Rd.; and Ann Bovbjerg, 1710 Ridge Rd.; Moved and seconded to accept correspondence from Mr. Ross. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Mr. Cook. The Mayor declared the motion carried. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Prairie du Chien road to Dodge Street Water Main 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. 02-62, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN PROJECT, ESTABLISHING AMOUNT OF BED 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 Mormon Trek Boulevard Landscape 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. 02-63, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD LANDSCAPE 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. Official Actions February 19, 2002 Page 5 Moved and seconded that the ordinance amending Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code of Iowa City, Iowa, to amend the boundaries of the voting precincts in Iowa City, Iowa to correct a scrivener's error in precinct 4 and to include properties annexed in precinct 25, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article E, entitled "Wastewater Treatment Works Indirect Discharge," Section 4, entitled "Pretreatment Standards," of the City Code to amend Wastewater Treatment Plant Influent Standards, be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-64, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA CONTRACT FOR CONSTRUCTION OF THE LANDFILL SALVAGE BARN & FURNITURE PROJECT. Moved and seconded to adopt RES. 02-65, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT. Moved and seconded to adopt RES. 02-66, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT. Moved and seconded to grant a 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #01-06. The Mayor declared the motion carried. Moved and seconded to make the following appointments to Boards and Commissions: appoint Michelle Robnett, 3375 Wentworth Place, to the Airport Commission to fill a six-year term March 1, 2002 - March 1,2008; appoint Lyra Dickerson, 324 Post Road, to the Civil Service Commission for one appointment to fill a four-year term April 1,2002 - April 3, 2006; appoint Michael Maharry, 903 E. College Street, to the Historic Preservation Commission for one appointment to fill a three-year term March 29, 2002 - March 29, 2005; appoint Ann Freerks, 443 S. Governor Street, to the Planning & Zoning Commission to fill an unexpired term ending May 1,2003. Correspondence from Paula Brandt distributed; appoint Betty Kelly, 1108 Sunset Street, to the Senior Center Commission to fill an unexpired term ending December 31,2004; appoint Terry Smith, 2220 Balsam Court and James Pusack, 4750 Inverness Court, to the Telecommunications Commission to fill two 3- year terms March 13, 2002 - March 13, 2005. The Mayor declared the motion carried unanimously, 7/0, all Council Member present. The Mayor noted that the following vacancies will be readvertised: Airport Zoning Board of Adjustment for one appointment to fill a five year term January 1, 2002 - December 31, 2006; Historic Preservation Commission for - Two appointments (One Moffitt Cottage District Representative and one At-Large Representative) to fill three-year terms March 29, 2002 - March 29, 2005. The Mayor announced the previously announced vacancies: Historic Preservation Commission to fill one vacancy to fill a three year term March 29, 2002 --March 29, 2005. (New district - Longfellow Historic District Representative); Planning & Zoning Commission to fill 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. Official Actions February 19, 2002 Page 6 Moved and seconded to adjourn 9:45 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 Cle. rk__ 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 - 2/27/02 Iowa City City Council, special meeting 7:00 p.m. Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed: American Red Cross Month - March 2002, Kim Johnson, Grant Wood Chapter Board member accepting; International Women's Month - March 2002, Leslie Winter, AMERICORP representative, accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Minutes of Boards and Commissions: Board of Adjustment - January 29. Permit Motions and Resolutions as recommended by the City Clerk. New: RES. 02-67, TO ISSUE DANCE PERMIT for Malone's Irish Pub, 121 Iowa Ave. Renewals: Class C Beer Permit for DeliMart #2, 1920 Lower Muscatine Rd. Class C Beer Permit for Hy-Vee #3, 1201 N. Dodge St. Class B Wine Permit for Hy~Vee #3, 1201 N. Dodge St. Class E Liquor License for Hy- Vee #3, 1201 N. Dodge St. Class C Beer Permit for HyoVee Food Store #2, 812 S. First Ave. Class B Wine Permit for Hy-Vee Food Store #2,812 S. First Ave. Class E Liquor License for Hy-Vee Food Store #2,812 S. First Ave. Class C Beer Permit for Hy-Vee Food & Store #1, 1720 Waterfront Dr. Class B Wine Permit for Hy-Vee Food Store #1, 1720 Waterfront Dr. Class E Liquor License for Hy-Vee Food Store #1, 1720 Waterfront Dr. Motions: Approve disbursements in the amount of $16,393,658.13 for the period of January 1 through January 31,2002, as recommended by the Finance Director subject to audit. Setting Public Hearings: Approve setting a public hearing for March 19 on an ordinance regulating and restricting the use and height of structures and objects of natural growth in the vicinity of the Iowa City municipal airport by creating appropriate zones and establishing boundaries thereof; defining certain terms used in said ordinance; referring to the Iowa City Municipal Airport Zoning Map as part of the ordinance; establishing an Airport Zoning Commission; establishing an Airport Zoning Board of Adjustment; providing for enforcement and imposing penalties. Correspondence: Protect the Park postcard received fro, m 18 individuals. Lisa Parker (Library Board of Trustees) regarding Parking. Mary Bars regarding Taxi Business. Mary Ameche regarding Bus Services. Todd Raba regarding Municipal Electric Utility. Franchise postcard from 1 individual. Greg Hassman regarding Public Power. Article from Caroline Dieterle regarding policy on consent needs council review. Johnson County Board of Supervisors resolution regarding Senior Center Agreement. The Mayor declared the motion carried. The Mayor stated be had a conflict of interest on the next item and left the meeting. Mayor Pro tern Vanderhoef presiding. Moved and seconded that the ordinance to rezone approximately 2,800 square feet from Low Density Multi-Family Residential, RM-12, to High Density Multi-Family, RM-44, for property located at the north end of West Benton Court, be given first vote. The Mayor Pro tem declared the motion carried. Official Council Actions February 27, 2002 Page 2 Mayor Lehman returned to the meeting and now presiding. Moved and seconded that the ordinance to amend Section 14-6E of the Zoning Ordinance in order to allow grocery stores in the Intensive Commercial Zone, C1-1, as a provisional use, be given first vote. Atty. Tim Krumm, representing Streb Investment Partnership, appeared. The Mayor declared the motion defeated. Moved and seconded that the ordinance to amend Section 14-6E of the Zoning Ordinance in order to allow grocery stores in the Intensive Commercial Zone, C1-1, as a special exception, be given first vote. Al Streb, Streb Investment Partnership, appeared. The Mayor declared the motion carried. Atty. Krumm requested expedited action at the March 19th meeting. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4004, AMENDING THE SENSITIVE AREAS DEVELOPMENT PLAN FOR LOTS 3 AND 4 OF A RESUBDIVlSlON OF LOT 53 OF WALDEN HILLS, LOCATED AT THE INTERSECTION OF ROHRET ROAD AND SHANNON DRIVE, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded that the ordinance to rezone approximately 0.63 acres located at 707 N. Dubuque Street from High Density Multi-Family, RM-44, to High Density Multi-Family Sensitive Areas Overlay, OSA/RM-44, be given second vote. The Mayor declared the motion carried. Moved and seconded that ORD. 02-4005, REZONING APPROXIMATELY 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, OSA/RS-5 AND OSA/RS-8, be passed and adopted. Moved and seconded to adopt RES. 02-68, APPROVING THE PRELIMINARY PLAT OF LINDEMANN SUBDIVISION, IOWA CITY, IOWA. Moved and seconded to defer to March 19, the ordinance to vacate the northern 182 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 that ORD. 02-4006, VACATING A PORTION OF NORTHGATE DRIVE, be passed and adopted. Moved and seconded that ORD. 02-4007, 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, be passed and adopted. A public hearing was held on the issuance of not to exceed $27,055,000 sewer revenue bonds of Iowa City, Iowa. Evenson Dodge Financial Advisor Dave Dirks appeared. Moved and seconded to adopt RES. 02-69, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $27,055,000 SEWER REVENUE BONDS OF iOWA CITY, IOWA. Moved and seconded to adopt RES. 02-70, DIRECTING SALE OF NOT TO EXCEED $26,055,000 SEWER REVENUE REFUNDING BONDS, SERIES 2002. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be final~y passed be suspended, the second consideration and vote be waived, and that ORD. 02-4008, AMENDING TITLE 1, CHAPTER 9, SECTION 3, "ELECTION PRECINCTS" OF THE CITY CODE OF IOWA CITY, IOWA, TO Official Council Actions February 27, 2002 Page 3 AMEND THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, IOWA TO CORRECTA SCRIVENER'S ERROR IN PRECINCT 4 AND TO INCLUDE PROPERTIES ANNEXED IN PRECINCT 25, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded that ORD. 02-4009, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE E, ENTITLED "WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE," SECTION 4, ENTITLED "PRETREATMENT STANDARDS," OF THE CITY CODE TO AMEND WASTEWATER TREATMENT PLANT INFLUENT STANDARDS, be passed and adopted. Moved and seconded to adopt RES. 02-71, RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF THE PRE-APPLICATION APPROVAL REQUIREMENT FOR PARTIAL INDUSTRIAL PROPERTY TAX EXEMPTION IN THE SCOTT-SlX TAX INCREMENT FINANCING (TIF) DISTRICT. A public hearing was held on amending resolution 97-326, establishing the Public Art Program, and setting a new annual allocation of $50,000 for public art. The following individuals appeared: Sandra Hudson, Public Art Advisory Chair, 782 Westside Dr., and Jerry Hansen,1237 Burns Avenue. Moved and seconded to adopt RES. 02-72, AMENDING RESOLUTION 97- 326, ESTABLISHING .THE PUBLIC ART PROGRAM, AND SETTING A NEW ANNUAL ALLOCATION OF $50,000 FOR PUBLIC ART. Moved and seconded to adopt RES. 02-73, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Moved and seconded to reaffirm the policy to direct the City Manager to maintain a 15% cash reserve. The Mayor declared the motion carried. Moved and seconded to amend the budget by reducing the Civic Center "other projects" from $50,000 to $25,000. The Mayor declared the motion carried. Moved and seconded to reduce the owner occupied building renovation program from $100,000 to $50,000. The Mayor declared the motion carried. Moved and seconded to move airport extension from the '03 budget to the '05 budget. The Mayor declared the motion carried. The Mayor declared the resolution adopted as amended. Moved and seconded to accept correspondence from: Anthony Christner, Tim Holman, Dave Tingwald, Nancy Purington, Kurt Friese, Byron Ross, Rockwell Williams, Doug Alberhasky, Ron Clark, Jan Williams, and David Swenson. The Mayor declared the motion carried. Moved and seconded to adopt a resolution approving the financial plan for the City of Iowa City, Iowa, for fiscal years 2003 through 2005 and the Multi-Year Capital Improvements Program through fiscal year 2006. Moved and seconded to defer the resolution to March 19. Moved and seconded to call the question. The Mayor declared the motion calling the question approved. The Mayor declared the motion to defer carried. Moved and seconded to adopt RES. 02-74, 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 MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT. Moved and seconded to adopt RES. 02-75, RESOLUTION OF INTENT TO CONVEY THE NORTH 182 FEET OF THE ALLEY IN BLOCK 102, LOCATED BETWEEN BURLINGTON AND COURT STREETS, TO THE HIERONYMI Official CounciIActions February 27,2002 Page 4 PARTNERSHIP, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 19, 2002. Moved and seconded to adopt RES. 02-76, RESOLUTION OF INTENT TO CONVEY AN APPROXIMATELY 43,000 SQUARE FOOT PARCEL OF UNDEVELOPED NORTHGATE DRIVE LYING NORTH AND EAST OF A SOUTHERLY EXTENSION OF THE EASTERLY LINE OF LOT 7, HIGHLANDER DEVELOPMENT FIRST ADDITION TO NORTHGATE PARK ASSOCIATES AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 19, 2002. 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 to adopt RES. 02-77, RESOLUTION OF INTENT TO CONVEY THE VACATED WEST BENTON COURT RIGHT-OF-WAY, A 15,577 SQUARE FOOT PARCEL LYING NORTH OF BENTON STREET AND WEST QF OAKNOLL RETIREMENT RESIDENCE, TO CHRISTIAN RETIREMENT SERVICES, INC., FOR THE SUM OF $7,500, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 19, 2002. Mayor Lehman returned to the meeting and now presiding. Moved and seconded to adopt RES. 02-78, APPROVING SETTLEMENT OF CLAIM BY SOUTHGATE DEVELOPMENT COMPANY, INC. The Mayor announced the previously announced 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; Airport Zoning Board of Adjustment - One vacancy to fill a five year term January 1, 2002 - December 31, 2006; Historic Preservation Commission - Two vacancies (One Moffitt Cottage District Representative and One At-Large Representative) to fill three- year terms March 29, 2002 - March 29, 2005. Applications must be received by 5:00 p.m., Wednesday, March 27. Moved and seconded to accept correspondence from Tom Weitzel on the Historic Preservation Commission vacancy. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved and seconded to adjourn 10:35 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Ma_rian K. Karr, City Cl~rk SubmittecFfo~ publication - 3/6/02. 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 FEBRUARY 19, 2002 Iowa City City Council regular meeting 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, O'Malley, Knoche, Schmadeke, Spitz. Council minutes recorded on Tape 02-22, Side 2; Tape 02-24, Both Sides; Tape 02-25, Side 1. The Mayor presented the State of the City message. The Mayor proclaimed: Special Olympics Month - March 2002, Jori Meskimen, accepting with Karna Szczech, Julie Brumbaugh, Janene EdwardS, Kristen Phillips, James Sullivan, David Chapman, Coach Ashley Wilson, Randy Noel, Kristin Watkins, Mallow Earnest; Breath of Fresh Air Month - March 2002, Beth Ballinger, spokesperson for Breath of Fresh Air and CAFE accepting; Sertoma's Freedom Week - February 16-22, Julie Carrico, Director of National Heritage Essay Contest, accepting; Girl Scout Week - March 10-16, Carlo Jesse, Community .Development Director of Girl Scouts of Mississippi Valley, accepting with area Girl Scouts. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary School students: Catharine Found, Alex Kron, and Anna Murray. 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, with the deletion of item 5e(8): Approval of Official Council Actions for special meetings of February 5, published subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Board of Appeals - January 22. Iowa City Public Library Board of Trustees - December 10. Iowa City Telecommunications Commission - November 26. Iowa City Telecommunications Commission - December 10. Parks and Recreation Commission - January 9. Planning and Zoning Commission - January 17. Police Citizens Review Board - January 8 Recommendation: Grant a 30-day extension to complete the Public Reports on #01-05 and #01-06. Police Citizens Review Board - January 14 Recommendation: Grant a 30-day extension to complete its Public Report on #01-04. Police Citizens Review Board - February 5 Recommendations: a) Accept PCRB Report on Complaint #01-04 with changes as noted; b) Grant a 30-day extension, to April 5, 2002, to allow PCRB to complete its Public Report on #01-06 due to difficulties contacting witnesses and further collection of information. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Chansy Keomani Vong dba Thai Spice Restaurant, 1210 S. Gilbert St. Renewals: Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St. Class C Liquor License for Iowa City Westside Caf6, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Class C liquor License for One Poor Student, Inc., dba One-Eyed Jake's, 18-20 s. Clinton St. Class C Liquor License for Daverse, Inc., dba Fieldhouse Restaurant & Nightclub, 111 E. College St. Class C Liquor License for El Ranchero, Inc., dba El Ranchero Complete Description February 19, 2002 Page 2 Mexican Restaurant, 21 Sturgis Corner Dr. Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. RES. 02-51, Bk. 127, p. 51, TO ISSUE DANCE PERMIT for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.; and One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St.; and Daverse, Inc., dba Fieldhouse, 111 E. College St. Setting Public Hearings, Bk. 127: RES. 02-52, p. 52, FIXING DATE of February 27 FORA MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $27,055,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions, Bk. 127: RES. 02-53, p. 53, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2019 G STREET, IOWA CITY, IOWA. RES. 02-54, p. 54, ACCEPTING THE WORK FOR THE SOUTH SYCAMORE REGIONAL GREENSPACE SEEDING PROJECT. RES. 02-55, p. 55, ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR THE RESUBDIVISlON OF LOT 53, WALDEN HILLS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. RES. 02-56, p. 56, ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR LOT 40, WEST SIDE PARK, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. RES. 02-57, p. 57, ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WALNUT RIDGE- PARTS EIGHT, NINE AND TEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-58, p. 58, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, PAVING, AND REINFORCED CONCRETE BOX CULVERT PUBLIC IMPROVEMENTS FOR THE RESUBDIVISlON OF LOT 52, WALDEN HILLS, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-59, p. 59, ACCEPTING THE WORK FOR THE CIVIC CENTER RE-ROOF PHASE II PROJECT. RES. 02-60, p. 60, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION UNIFIED CERTIFICATION PROGRAM AGREEMENT. RES. 02-61, p. 61, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT SANITARY SEWER EASEMENT AGREEMENT IN CONNECTION WITH LOTS 39,AND 40, WEST SIDE PARK, IOWA CITY, IOWA. Correspondence: Joe Raso (ICAD) regarding Request for ICAD Activities Presentation. Michael Jones regarding Police Entry. Scott Kading regarding Underground Parking for James Clark [Council Member Pfab and Planning & Community Development Director response included]. Fritz Hirter (US Environmental Protection Agency) regarding Fact Sheet. Ariana Betenbender regarding Library and Water Meters [City Manager response included]. Jim Larew regarding Public Power. LaVonn Horton regarding Power Feasibility Study. Geoff Johnson regarding Waterworks Park, apartment Complex, Hickory Hill, Mediacom. James Throgmorton regarding Parks. JCCOG Traffic Engineering Planner regarding School Crosswalk Pavement Markings and Signs on Park Road between Holt Avenue and Beldon Avenue. Installation of One Handicap Parking Space in the 64-1a Parking Lot on Linn Complete Description February 19, 2002 Page 3 Street Adjacent to the Iowa City Public Library. Handicapped Parking Signs on the West Side of the 800 Block of 2nd Avenue Removal of Four No-Parking 2 amo6am and Four Tow Away Zone Signs from the 400 Block of South Maiden Lane, Correspondence distributed in February 7 Information Packet: Anthony DeNicola (White Buffalo Inc.) regarding Annual versus Alternate Year Deer Management Scheduling. Frank Mitros regarding Hummingbird Lane [staff response included]. Postcard from (1)individual regarding Protect the Park. Judy Pfohl regarding Enlightened Perspective. Doug Elliott regarding Floodplain Management Workshop. In response to Council Member Kanner, City Mgr. Atkins reviewed the procedure for resale of sewer revenue bonds. Council Member Kanner questioned the relationship between MidAmerica ownership of property at 505 Burlington and MidAmerica doing the site characteristic report for the EPA, staff will follow up. Council Member Kanner noted correspondence from Jim Throgmorton and asked for a status report on the master plan for the Parks and Recreation Commission, staff will follow up. 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 adopt a resolution 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 MMS Consultants, Inc. to provide engineering consultant services for the design of the South Sycamore Regional Greenspace Landscape and Trail project. Sr. Civil Engr. Knoche present for discussion. Moved by Vanderhoef, seconded by Wilburn, to defer consideration of the resolution to the February 27 Council meeting. The Mayor declared the motion carried unanimously, 7/0, all Council members present. Jay Honohan, Senior Center Commission Chair, updated Council on activities at the Center as well as the decision by the County to reduce $45,000 from the operating budget. Peter Hansen, Public Power Initiative, encouraged a study of establishment of a municipal utility. Moved by Wilbum, seconded by Vanderhoef, to accept correspondence from Mr. Hansen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Caroline Dieterle, Walnut St., appeared regarding the juvenile consent to search policy. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Ms. Dietede. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Andrew Epstein, 1171 E. Jefferson St., appeared regarding the creation of the Friends of Hickory Hill Park Land Enhancement and Acquisition Fund (LEAF). Jim Throgmorton, 1020 Church St., appeared regarding parks and the hiring of a landscape architect. Moved by O'Donnell, seconded by Champion, to set a public h~aring for March 19 on an ordinance rezoning 18.2 acres from Low Density Single-Family, (RS- 5) to Sensitive Areas Overlay Low Density Single-Family (OSA-5) and a preliminary plat of Hickory Heights, a 20-lot resident subdivision located west of Scott Boulevard near its intersection with Dodge Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor stated he had a conflict of interest on the next item and left the room. Mayor Pro tem Vanderhoef presiding. A public hearing was held on an ordinance to rezone approximately 2,800 square feet from Low Density Multi-Family Residential, RM-12, to High Density Multi-Family, RM-44, for property located at the north end of West Benton Court (Oaknoll). Atty. Bob Downer, representing Oaknoll appeared. Mayor Lehman returned to the meeting and now presiding. Complete Description February 19, 2002 Page 4 A public hearing on an ordinance to amend the Sensitive Areas Development Plan for lots 3 and 4 of a resubdivision of Lot 53 of Walden Hills, located at the intersection of Rohret Road and Shannon Drive. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance to amend the Sensitive Areas Development Plan for lots 3 and 4 of a resubdivision of Lot 53 of Walden Hills, located at the intersection of Rohret Road and Shannon Drive, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend Section 14-6E of the Zoning Ordinance in order to allow grocery stores in the Intensive Commercial Zone, C1-1, as a provisional use or as a special exception. The following individuals appeared: Atty, Bob Downer, representing Streb Investment Partnership; Karen Kubby, 728 Second Ave.; Ann Bovbjerg, Planning and Zoning Commission Chair. Individual Council Members expressed their views. Moved by Wilburn, seconded by Pfab, to accept correspondence from Floyd and Jean Blakely. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance to rezone approximately 0.63 acres located at 707 N. Dubuque Street (Svoboda) from High Density Multi-Family, RM-44, to High Density Multi-Family Sensitive Areas Overlay, OSA/RM-44, 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, that the 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, be given second vote. The Mayor declared the motion carried, 5/2, with the following division of ro~l call vote: Ayes: Wilburn, Champion, Kanner, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent: None. Moved by Champion, seconded by O'Donnell, that the ordinance to vacate the northern 182 feet of the 20-foot wide alley right-of-way located south of Burlington Street and west of Dubuque Street, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried, Moved by Pfab, seconded by Vanderhoef, that the ordinance to vacate a portion of Northgate 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 ordina,nce 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), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held to discuss the proposed operating budget for the Fiscal Year July 1,2002 through June 30, 2003, the proposed three-year financial plan, and also the Multi-Year Capital Improvements Program through fiscal year 2006. City Manager Atkins provided a summary of the budget process. The following individuals appeared: Byron Ross, 1448 Cromwell; Leah Cohen, 1638 Teg Drive; Casey Cook; Karen Kubby, 728 Second Ave.; Rod Sullivan, 2326 E. Court St.; Dennis Keitel, 1696 Ridge Rd.; and Ann Bovbjerg, 1710 Ridge Rd.; Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Mr. Ross. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description February 19, 2002 Page 5 Moved by Vanderhoef, seconded by Wilbum, to accept correspondence from Mr. Cook. The Mayor declared the motion carried unanimously, 7/0, all Council Members .present. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Prairie du Chien road to Dodge Street Water Main 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 Champion, to adopt RES. 02-62, Bk. 127, p. 62, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN 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 Mormon Trek Boulevard Landscape Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Wilburn, seconded by Pfab, to adopt RES. 02-63, Bk. 127, p. 63, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD LANDSCAPE 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. Knoche present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code of Iowa City, iowa, to amend the boundaries of the voting precincts in Iowa City, Iowa to correct a scrivener's error in precinct 4 and to include properties annexed in precinct 25, 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 O'Donnell, that the ordina'nce amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article E, entitled "Wastewater Treatment Works Indirect Discharge," Section 4, entitled "Pretreatment Standards," of the City Code to amend Wastewater Treatment Plant Influent Standards, 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 Wilburn, to adopt RES. 02-64, p. 64, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL SALVAGE BARN & FURNITURE PROJECT to United Builder's Center for $104,475.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description February 19, 2002 Page 6 Moved by O'Donnell, seconded by Wilburn, to adopt RES. 02-65, Bk. 127, p. 65, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT to Metro Pavers for $178,061.43. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Pfab, to adopt RES. 02-66, Bk. 127, p. 66, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT. 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 Pfab, seconded by O'Donnell, to grant a 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #01-06. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to make the following appointments to Boards and Commissions: appoint Michelle Robnett, 3375 Wentworth Place, to the Airport Commission to fill a six-year term March 1,2002 - March 1,2008; appoint Lyra Dickerson, 324 Post Road, to the Civil Service Commission for one appointment to fill a four-year term April 1,2002 - April 3, 2006; appoint Michael Maharry, 903 E. College Street, to the Historic Preservation Commission for one appointment to fill a three-year term March 29, 2002 - March 29, 2005; appoint Ann Freerks, 443 S. Governor Street, to the Planning & Zoning Commission to fill an unexpired term ending May 1,2003. Correspondence from Paula Brandt distributed; appoint Betty Kelly, 1108 Sunset Street, to the Senior Center Commission to fill an unexpired term ending December 31,2004; appoint Terry Smith, 2220 Balsam Court and James Pusack, 4750 Inverness Court, to the Telecommunications Commission to fill two 3-year terms March 13, 2002 - March 13, 2005. The Mayor declared the motion carried unanimously, 7/0, all Council Member present. The Mayor noted that the following vacancies will be readvertised: Airport Zoning Board of Adjustment for one appointment to fill a five year term January 1, 2002 - December 31, 2006; Historic Preservation Commission for - Two appointments (One Moffitt Cottage District Representative and one At-Large Representative) to fill three-year terms March 29, 2002 - March 29, 2005. The Mayor announced the previously announced vacancies: Historic Preservation Commission to fill one vacancy to fill a three year term March 29, 2002 --March 29, 2005. (New district - Longfellow Historic District Represbntative); Planning & Zoning Commission to fill 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. Council Member Champion requested staff explore combining historic preservation districts to enlarge the applicant pool for specific districts. City Attorney Dilkes said the State Code requires representation from designated districts. After discussion staff was asked to follow up with the State Historic Commission on the mechanism to address this in the Code. Council Member Pfab requested a work session to discuss childcare issues and the distinction between babysitting and early childhood education. Council Member O'Donnell noted the resignation of SEATS Director Lisa Dewey, and wished her well in her new position in Mississippi. Complete Description February 19, 2002 Page 7 Council Member Kanner announced a concern sponsored by Iowans for Peace with Iraq at Wesley House March 2; and questioned a public forum to discuss the police juvenile consent to search policy. After discussion majority of Council agreed to add the juvenile consent to search policy and a joint meeting with the Airport Commission to the list of future work session items. City Atty. Dilkes stated she had been asked by Council Member Kanner at a previous meeting the election requirements for a gas and electric franchise. After review she stated the a petition signed by eligible electors equal in number to 10% of the persons who voted at the last regular City election, which would be 1,066 signatures, would force an election. Moved by Vanderhoef, seconded by Champion, to adjourn 9:45 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 FEBRUARY 19, 2002 Iowa City City Council special meeting 5:00 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: Dilkes, Karr. Council minutes tape recorded on Tape 02-22, Side 1. Moved by O'Donnell, seconded by Wilburn, to adjourn to executive session to consider a motion to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. Council adjourned into executive session at 5:05 p.m. Council returned to open session 5:35 p.m. Moved by O'Donnell, seconded by Champion, to adjourn the special meeting at 5:40 p.m. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 27, 2002 Iowa City City Council, special meeting 7:00 p.m. 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, Schoon, O'Malley. Council minutes recorded on Tape 02-25, Side 2; Tape 02-28, Both Sides; Tape 02-29, Side 1. The Mayor proclaimed: American Red Cross Month - March 2002, Klm Johnson, Grant Wood Chapter Board member accepting; International Women's Month - March 2002, Leslie Winter, AMERICORP representative, accepting. Moved by O'Donnell, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Minutes of Boards and Commissions: Board of Adjustment - January 29. Permit Motions and Resolutions as recommended by the City Clerk. New: RES. 02-67, Bk. 127, p. 127, TO ISSUE DANCE PERMIT for WW I, LLC, dba Malone's Irish Pub, 121 Iowa Ave. Renewals: Class C Beer Permit for DeliMart, Corp., dba DeliMart #2, 1920 Lower Muscatine Rd. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Class B Wine Permit for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Food Store #2, 812 S. First Ave. CLass B Wine Permit for Hy-Vee, Inc., dba Hy-Vee Food Store #2,812 S. First Ave. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #2,812 S. First Ave. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Food & Store #1, 1720 Waterfront Dr. Class B Wine Permit for Hy-Vee, Inc., dba Hy-Vee Food Store #1, 1720 Waterfront Dr. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #1, 1720 Waterfront Dr. Motions: Approve disbursements in the amount of $16,393,658.13 for the period of January 1 through January 31,2002, as recommended by the Finance Director subject to audit. Setting Public Hearings: Approve setting a public hearing for March 19 on an ordinance regulating and restricting the use and height of structures and objects of natural growth in the vicinity of the Iowa City municipal airport by creating appropriate zones and establishing boundaries thereof; defining certain terms used in said ordinance; referring to the Iowa City'Municipal Airport Zoning Map as part of the ordinance; establishing an Airport Zoning Commission; establishing an Airport Zoning Board of Adjustment; providing for enforcement and imposing penalties. Correspondence: Protect the Park postcard received from 18 individuals. Lisa Parker (Library Board of Trustees) regarding Parking. Mary Bars regarding Taxi Business. Mary Ameche regarding Bus Services. Todd Raba regarding Municipal Electric Utility. Franchise postcard from 1 individual. Greg Hassman regarding Public Power. Article from Caroline Dieterle regarding policy on consent needs council review. Johnson County Board of Supervisors resolution regarding Senior Center Agreement. Complete Description February 27, 2002 Page 2 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor stated he had a conflict of interest on the next item and left the meeting. Mayor Pro tern Vanderhoef presiding. Moved by Champion, seconded by O'Donnell, that the ordinance to rezone approximately 2,800 square feet from Low Density Multi-Family Residential, RM-12, to High Density Multi-Family, RM-44, for property located at the north end of West Benton Court, be given first vote (Oaknoll). The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Mayor Lehman returned to the meeting and now presiding. Moved by O'Donnell, seconded by Pfab, that the ordinance to amend Section 14-6E of the Zoning Ordinance in order to allow grocery stores in the Intensive Commercial Zone, C1-1, as a provisional use, be given first vote. Individual Council Members expressed their views. Atty. Tim Krumm, representing Streb Investment Partnership, appeared. The Mayor declared the motion defeated, 3/4, with the following division of roll call vote. Ayes: O'Donnell, Pfab, Champion. Nays: Lehman, Vanderhoef, Wilburn, Kanner. Absent: None. Moved by Vanderhoef, seconded by Wilbum, that the ordinance to amend Section 14-6E of the Zoning Ordinance in order to allow grocery stores in the Intensive Commercial Zone, Cl-1, as a special exception, be given first vote. Individual Council Members expressed their views. Al Streb, Streb Investment Partnership, appeared. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman, Pfab, Vanderhoef, Wilbum, Kanner. Nays: O'Donnell, Champion.. Absent: None. Atty. Krumm requested expedited action at the March 19th meeting. Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4004, Bk. 45, p. 12, AMENDING THE SENSITIVE AREAS DEVELOPMENT PLAN FOR LOTS 3 AND 4 OF A RESUBDIVlSlON OF LOT 53 OF WALDEN HILLS, LOCATED AT THE INTERSECTION OF ROHRET ROAD AND SHANNON DRIVE, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilbum, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Wilburn, that the ordinance be adopted at this time. Affirmative roll call vote, 7/0, with Kanner abstaining. The Mayor declared the ordinance adopted unanimously, 7/0, (in accordance with Res. 00-117). Moved by O'Donnell, seconded by Champion, that the ordinance to rezone approximately 0.63 acres located at 707 N. Dubuque Street from Hig[~ Density Multi- Family, RM-44, to High Density Multi-Family Sensitive Areas Overlay, OSA/RM-44, be given second vote (Svoboda). The Mayor declared the motion carried unanimously, 7/0, a~l Council Members present. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 02-4005, Bk. 45, p. 13, REZONING APPROXIMATELY 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, OSA/RS-5 AND OSA/RS-8, be passed and adopted (Lindemann). The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Complete Description February 27, 2002 Page 3 Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-68, Bk. 127, p. 68, APPROVING THE PRELIMINARY PLAT OF LINDEMANN SUBDIVISION, IOWA CITY, IOWA. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilbum, Champion. Nays: Kanner, Pfab. Absent: None. Moved by Champion, seconded by O'Donnell, to defer to March 19, the ordinance to vacate the northern 182 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 unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, that ORD. 02-4006, Bk. 45, p. 14, VACATING A PORTION OF NORTHGATE DRIVE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared ordinance adopted. Moved by Wilburn, seconded by Pfab, that ORD. 02-4007, Bk. 45, p. 15, REZONING 4.01 ACRES LOCATED SOUTH OF HERBERT HOOVER HIGHWAY EAST OF SCOTT BOULEVARD (Iowa City Care Center) FROM COUNTY LOCAL COMMERCIAL, C-1, TO COMMERCIAL OFFICE, CO-1, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared ordinance adopted. A public hearing was held on the issuance of not to exceed $27,055,000 sewer revenue bonds of Iowa City, Iowa. Finance Director O'Malley and Evenson Dodge Financial Advisor Dave Dirks appeared. Moved by Pfab, seconded by Champion, to adopt RES. 02-69, Bk. 127, p. 69, iNSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $27,055,000 SEWER REVENUE BONDS OF 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 Vanderhoef, to adopt RES. 02-70, Bk. 127, p. 70, DIRECTING SALE OF NOT TO EXCEED $26,055,000 SEWER REVENUE REFUNDING BONDS, SERIES 2002. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Pfab, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4008, Bk. 45, p. 16, AMENDING TITLE 1, CHAPTER 9, SECTION 3, "ELECTION PRECINCTS" OF THE CITY CODE OF IOWA CITY, IOWA, TO AMEND THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, IOWA TO CORRECT A SCRIVENER'S ERROR IN PRECINCT 4 AND TO INCLUDE PROPERTIES ANNEXED IN PRECINCT 25, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by Champion, that the ordinance be adopted at this time. The Mayor declared the ordinance adopted, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Pfab, that ORD. 02-4009, Bk. 45, p. 17, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE E, ENTITLED "WASTEWATER Complete Description February 27, 2002 Page 4 TREATMENT WORKS INDIRECT DISCHARGE," SECTION 4, ENTITLED "PRETREATMENT STANDARDS," OF THE CITY CODE TO AMEND WASTEWATER TREATMENT PLANT INFLUENT STANDARDS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Dannell, to adopt RES. 02-71, Bk. 127, p. 71, RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF THE PRE-APPLICATION APPROVAL REQUIREMENT FOR PARTIAL INDUSTRIAL PROPERTY TAX EXEMPTION IN THE SCOTT-SIX TAX INCREMENT FINANCING (TIF) DISTRICT. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Pfab, Kanner. Absent: None. A public hearing was held on amending resolution 97-326, establishing the Public Art Program, and setting a new annual allocation of $50,000 for public art. The following individuals appeared: Sandra Hudson, Public Art Advisory Chair, 782 Westside Dr., and Jerry Hansen,1237 Burns Avenue. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 02-72, Bk 127, p. 72, AMENDING RESOLUTION 97-326, ESTABLISHING THE PUBLIC ART PROGRAM, AND SETTING A NEW ANNUAL ALLOCATION OF $50,000 FOR PUBLIC ART. Moved by Kanner, seconded by Champion, to amend the total allocation from $50,000 to $86,000. The Mayor declared the motion defeated, 2/5, with the following show of hands: Ayes: Champion, Kanner. Nays: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner, Vanderhoef, Pfab. Absent: None. Due to confusion on the vote the consensus of Council was to revote. After revoting the Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilbum. Nays: Champion, Kanner, Pfab. Absent: None. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-73, Bk. 127, p. 73, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Moved by Champion, seconded by O'Donnell, that the City Manager be directed to make a 1% decrease in the general fund spending. Motion withdrawn. Moved by Champion, seconded by O'Donnell, to reaffirm the policy to direct the City Manager to maintain a 15% cash reserve. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with Kanner voting "no". Moved by Vanderhoef, seconded by Champion, to amend the budget by reducing the Civic Center "other projects" from $50,000 to $25,000. The Maydr declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Vanderhoef, to reduce the owner occupied building renovation program from $100,000 to $50,000. Individual Council Members expressed their views. Finance Director O'Malley present for discussion. The Mayor declared the motion carried, 5/2, with the following show of hands: Ayes: Pfab, Champion, O'Donnell, Lehman, Vanderhoef. Nays: Wilburn, Kanner. Absent None. Moved by Vanderhoef, seconded by Pfab, to move airport extension from the '03 budget to the '05 budget. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef to not transfer the $200,000 for the Benton Street Park. The Mayor declared the motion died for lack of a second. Moved by Kanner to move Market Street Streetscape from '03 to '05, and Camp Cardinal from '05 to unfunded years. Complete Description February 27, 2002 Page 5 Individual Council Members expressed their views. The Mayor declared the motion died for lack of a second. Moved by Kanner, seconded by Pfab, to move the South Gilbert/Napoleon arterial from '05 to unfunded. After discussion the second was withdrawn and the Mayor declared the motion died for lack of a second. Moved by O'Donnell, seconded by Vanderhoef, to move North Market Streetscape from '02 to '05. Jan Williams, 923 E. Jefferson St., appeared. Individual Council Members expressed their views. The Mayor declared the motion defeated, 3/4, with the following show of hands: Ayes: O'Donnell, Vanderhoef, Lehman. Nays: Champion, Kanner, Pfab, Wilburn. Absent: None. Moved by Kanner, seconded by Pfab, to move back the Mormon Trek, Highway 1, Highway 921 project to unfunded. The Mayor declared the motion defeated, 1/6, with the following show of hands: Ayes: Kanner. Nays: Pfab, Champion, O'Donnell, Lehman, Vanderhoef, Wilburn. Absent: None. Moved by Kanner, seconded by Pfab, to cut the airport general levy by $100,000 in '03. Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following show of hands: Ayes: Kanner, Pfab. Nays; Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Absent: None. Moved by Kanner, seconded by Pfab, to reduce the Iowa City Area Development (ICAD) from $50,000 to $25,000 for '03, and re-evaluate bringing the allocation back up in further years. Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following show of hands: Ayes: Kanner, Pfab. Nays: Champion, O'Donnell, Lehman, Vanderhoef, Wilburn. Absent: None. Moved by Kanner to not apply for the Edward Byrne Police Grant. The Mayor declared the motion died for lack of a second. Moved by Kanner, seconded by Pfab, to cut in half the services & charges item under Economic Development. Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following show of hands: Ayes: Kanner, Pfab. Nays: Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Absent: None. Moved by Kanner to save $150,000 a year by removing three police officer positions through attrition over the three years. The Mayor declared the motion died for lack of a second. The Mayor declared the resolution adopted as amended, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from: Anthony Christner, Tim Holman, Dave Tingwald, Nancy Purington, Kurt Friese, Byron Ross, Rockwell Williams, Doug Alberhasky, Ron Clark, Jan Williams, and David Swenson. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Pfab, seconded by Wilburn to adopt a resolution approving the financial plan for the City of Iowa City, Iowa, for fiscal years 2003 through 2005 and the Multi-Year Capital Improvements Program through fiscal year 2006. Individual Council Members expressed their views. Moved by Champion, seconded by Vanderhoef to defer the resolution to March 19. Moved by Pfab, seconded by Champion, to call the question. The Mayor declared the motion calling the question approved unanimously, 7/0, all Council Members present. The Mayor declared the motion to defer carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Pfab, to adopt RES. 02-74, Bk. 127, p. 74, 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 MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE SOUTH SYCAMORE Complete Description February 27, 2002 Page 6 REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 02-75, Bk. 127, p. 75, RESOLUTION OF INTENT TO CONVEY THE NORTH 182 FEET OF THE ALLEY IN BLOCK 102, LOCATED BETWEEN BURLINGTON AND COURT STREETS, TO THE HIERONYMI PARTNERSHIP, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 19, 2002. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by O'Donnell to adopt RES. 02-76, Bk. 127, p. 76, RESOLUTION OF INTENT TO CONVEY AN APPROXIMATELY 43,000 SQUARE FOOT PARCEL OF UNDEVELOPED NORTHGATE DRIVE LYING NORTH AND EAST OF A SOUTHERLY EXTENSION OF THE EASTERLY LINE OF LOT 7, HIGHLANDER DEVELOPMENT FIRST ADDITION TO NORTHGATE PARK ASSOCIATES AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 19, 2002. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor stated he had a conflict of interest on the next item and left the meeting. Mayor Pro tem Vanderhoef presiding. Moved by Champion, seconded by Wilburn, to adopt RES. 02-77, Bk. 127, p. 77, RESOLUTION OF INTENT TO CONVEY THE VACATED WEST BENTON COURT RIGHT-OF-WAY, A 15,577 SQUARE FOOT PARCEL LYING NORTH OF BENTON STREET AND WEST OF OAKNOLL RETIREMENT RESIDENCE, TO CHRISTIAN RETIREMENT SERVICES, INC., FOR THE SUM OF $7,500, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 19, 2002. Individual Council Members expressed their views. The Mayor Pro tem declared the resolution adopted, 4/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: Lehman. Mayor Lehman returned to the meeting and now presiding. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-78, Bk. 127, p. 78, APPROVING SETTLEMENT OF CLAIM BY SOUTHGATE DEVELOPMENT COMPANY, INC., in the amount of $40,000. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilbum, Champion. Nays: Pfab, Kanner. Absent: None. The Mayor announced the previously announced 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; Airport Zoning Board of Adjustment - One vacancy to fill a five year term January. 1, 2002 - December 31, 2006; Historic Preservation Commission - Two vacancies (One Moffitt Cottage District Representative and One At-Large Representative) to fill three- year terms March 29, 2002 - March 29, 2005. Applications must be received by 5:00 p.m., Wednesday, March 27. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Tom Weitzel on the Historic Preservation Commission vacancy. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description February 27, 2002 Page 7 Council Member Kanner requested that a new Council group picture be taken on March 18, City Clerk stated it would be scheduled for the 18 or 19; distributed a draft resolution opposing Senate File 165 declaring English the official language of Iowa, and requested Council schedule discussion at the next work session, Council concurred. Mayor Lehman announced that the Iowa Sports Turf Managers Association recently honored the Parks & Recreation Department by awarding the Iowa Baseball Field of the Year award to field two at the Bobby Oldis Complex in City Park, noting the efforts of parks maintenance workers Joe Wagner and Mark Heick, under the supervision of Terry Robinson, Parks and Forestry Supervisor. City Atty. Dilkes questioned whether the resolution opposing English as the official language of Iowa should also be placed on the formal March 19 meeting for Council consideration. Majority of Council agreed to add the item to both the work session of March 18, and the formal of March 19. Moved by O'Donnell, seconded by Wilburn, to adjourn 10:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk