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HomeMy WebLinkAbout2002-04-02 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 APRIL 2, 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, Karr, Dilkes, Franklin, Fowler, O'Brien, O'Malley, Grosvenor, Gannon. Council minutes tape recorded on Tape 02-34, Both Sides; Tape 02-35, Both Sides; Tape 02-36, Both Sides. The Mayor proclaimed: Fair Housing Month, April 2002; Week of the Young Child, April 7-13, Laurie Nash, J.C. Empowerment, accepting. The Mayor presented outstanding Student Citizen Awards to Grant Wood Elementary students: Nic Reed, Merritt Rodriguez, Hannah VanderSchel, and Adam Sullivan; and Hoover Elementary students: Rebekah Dotzel, Jake Koepnick, Hannah Kregel. 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 as follows; with separate consideration of item 4d(1 ), setting a public hearing for proposed Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME), and items 4d(3, 4, 5), resolutions setting dates of consultation for urban renewal projects: Approval of Official Council Actions for special meeting of March 18, regular meeting of March 19, and special meeting of March 21, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing and Community Development Commission - February 20. Iowa City Board of Adjustment - February 13. Iowa City Board of Appeals- February 4. Iowa City Human Rights Commission - January 22. Iowa City Human Rights Commission - February 26. Planning and Zoning Commission - February 21. Planning and Zoning Commission - March 7. Police Citizens Review Board - March 12 Recommendation: Accept PCRB Report on Complaint #01-06. Senior Center Commission - February 19. Motions: Approve disbursements in the amount of $12,663,376.31 for the period of February 1 through February 28, 2002, as recommended by the Finance Director subject to audit. Setting Public Hearings, Bk. 127: RES. 02-110, p. 110, SETTING A PUBLIC HEARING for April 16 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO D STREET, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 02-111, p. 111, RATIFYING THE FILING OFAN APPLICATION WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR AMERICAN SPIRIT GRANT FUNDS. RES. 02-112, p. 112, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AGREEMENT REGARDING THE PROPERTY LOCATED AT 2750 IRVING AVENUE, IOWA CITY, IOWA. RES. 02-113, p. 113, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI MART, 525 HIGHWAY 1 WEST, IOWA CITY. Approving Class C Liquor License forTM & G, Inc., dba Union Bar, 121 E. College Street. RES. 02-114, Complete Description April 2, 2002 Page 2 p. 114, to ISSUE DANCE PERMIT for TM & G, Inc. dba Union Bar, 121 E. College Street. Correspondence: Becky Soglin regarding Sensitive Areas Ordinance. Patricia Ephgrave regarding Hickory Hill Park. Andy Douglas regarding Municipal Power. Ellen Heywood regarding Municipal Power. Jean Martin regarding Municipal Power. Carl and Bea Beyerhelm regarding Municipal Power. Jeanette Carter regarding Municipal Power. Dawn Mueller regarding Municipal Power. Rod Sullivan regarding Municipal Power. Carol Spaziani regarding Municipal Power. Brett Cloyd regarding Municipal Power. Holly Hart regarding Municipal Power. Michelle Kenyon regarding Municipal Power. Rod Sullivan regarding Coralville Business Relocation. Gina Shatteman regarding Sales Tax. Irv Jensen regarding Press Conference Announcement. JCCOG Traffic Engineering Planner regarding Removal of a NO PARKING LOADING ZONE Sign in Front of 721 North Linn Street; Installation of Two Parking Meters on the East Side of the 400 Block of North Clinton Street; Installation of a Metered Handicap Parking Space in Front of 620~ South Dubuque Street. Judy Pfohl regarding Iowa Child Information. Harold Stager regarding Parking for Students. Jay Semel regarding Noise. Doug Elliott regarding Workshop Opportunity. Larry Peterson regarding Smoking. Laura Waldo- Semken regarding Waterworks Park. Kris Grinstead regarding Free Shuttle [staff response included]. Tom Carsner regarding Support Public Power. John Neff regarding Police Checks. Kris Jones regarding Scott Boulevard and North Dodge Street intersection [staff response included]. Jerry Sorokin regarding Israel Solidarity Program. Council Member Kanner noted the public hearing set for April 16 on the First Avenue Corridor Improvement Project; acknowledged the acceptance of the $300 fine for Deli Mart for selling cigarettes to a minor; referenced the letter from Rod Sullivan encouraging pursuing Coralville business relocations, staff will follow up; and in response to the inquiry from Becky Soglin concerning a Sensitive Areas Ordinance reported that the Council was anticipating receiving the ordinance in April for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council Member Wilbum stated he had a conflict of interest on the next item and left the meeting. Moved by Champion, seconded by O'Donnell, to set a public hearing for April 16 regarding the proposed Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) budgets for the FY03 Annual Action Plan, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps), as amended. The Mayor declared the motion carried unanimously, 6/0, Wilburn abstaining. Council Member Wilburn returned to the meeting. Moved by Vanderhoef, seconded by Champion, to adopt RES. 02-115, Bk. 127, p. 115, DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION (April 15) AND A PUBLIC HEARING (May 7) ON A PROPOSED LOWER MUSCATINE ROAD AND HIGHWAY 6 URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY; RES. 02-116, Bk. 127, p. 116, DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION (April 15) AND A PUBLIC HEARING (May 7) ON A PROPOSED INDUSTRIAL PARK ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY; RES. 02-117, p. 117, DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION (April 15) AND A PUBLIC HEARING (May 7) ON A PROPOSED HEINZ ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE Complete Description April 2, 2002 Page 3 CITY OF IOWA CITY. Moved by Kanner to amend the resolution by changing the public hearings to the first meeting in September. The Mayor declared the motion dead for lack of a second. The Mayor declared the resolutions adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner: Absent: None. Bob Elliott, 1108 Dover St., appeared requesting a date specific opening of First Avenue whether or not Scott Boulevard is completed; and requested Council provide a forecast of other bond issues from the School District or other agencies at the time of City bond elections. LeRoy Bird, 4255 Sycamore Rd. SE, requested First Avenue be opened. Dawn Mueller, 1220 Village Rd., appeared regarding municipal power. Council will discuss scheduling discussion of this matter at the next work session. A public hearing was held 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. PCD Director Franklin present for discussion. The following individuals appeared: Jerry Hansen, 1237 Burns Ave., P&Z Member; and Steven Nelson, 1033 Sandusky. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from Steve Nelson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on amendments to the Comprehensive Plan to provide for the location of large apartment in new neighborhoods 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 following individuals appeared: Atty. Mike Pugh, representing the developer; Robynn Shrader, 1104 Weeber Circle; Dave Klockau, 1031 Briar Dr.; Raymond Funk, 416 S. Dodge St.; Ann Bovbjerg, 1710 Ridge Rd., P&Z Member; Amy Correa, 11 S. 7th Ave.; Larry Svoboda, 16 Cherry Lane, NE; Grant Peter Raupp, 431 E. Jefferson St.; Dave Moore, 425 Davenport St.; Holly Berkowitz, 612 Granada Court; Jerry Hansen, 1237 Burns Ave., P&Z Member; Steven Nelson, 1033 Sandusky Dr.; Lynne Nugent, 2238 Davis St.; David Bywater, 211 Post Rd.; Beth Koppes, 1528 California Ave., P&Z Member; Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Steven Nelson; one letter from: Dan Sivan, Lena Sivan, Shelley Matzen, Robert Temple, Amy Bouska, Karen Dawes, Lori Klockau, David Klockau & Steven Nelson; and 2 booklets from Sterling Housing, LLC Collegiate Residence/Development/ Management. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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 (Hammond). The following individuals appeared: Mac Jones, 3215 Meredith St., Austin, TX; Jim Quigley, 915 Pepper Dr.; Ann Bovbjerg, 1710 Ridge Rd., P&Z Member; LeRoy Bird, 4255 Sycamore St. SE; Larry Schnittjer, MMS Consultants; Glenn Siders, Southgate Development Company; Robynn Shrader, 1104 Weeber Circle; Atty. Mike Pugh, representing the developer; Larry Svoboda, 16 Cherry Lane, NE;. PCD Director Franklin present for discussion. Moved by Vanderhoef, seconded by Kanner, to continue public hearing to April 16. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from: Steven Nelson; Charlie McGuire; Lod Klockau; Anne Vespa; one letter from: Dan Sivan, Lena Sivan, Shelley Matzen, Robert Temple, Amy Bouska, Karen Dawes, Lori Klockau, David Klockau, & Complete Description April 2, 2002 Page 4 Steven Nelson; 2 booklets from Sterling Housing, LLC Collegiate Residence/Development/Management. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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 (Hanick). No one appeared. A public hearing was held on an ordinance amending the Neighborhood Commercial, CN-1, zone to broaden the uses allowed and to revise the dimensional requirements and design provisions. No one appeared. A public hearing was held 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. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the 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, be given first vote. The following individuals appeared: Stacy Van Zante, 1168 Hotz Ave.; Atty. Mike Pugh, representing the developer. PCD Director Franklin present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion, Kanner. Nays: Pfab. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Kevin Hochstedler. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Wilburn, that ORD. 02-4014, Bk. 45, p. 22, VACATING THE NORTHERN 182 FEET OF THE 20-FOOT WIDE ALLEY RIGHT- OF-WAY LOCATED SOUTH OF BURLINGTON STREET AND WEST OF DUBUQUE STREET, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None. The Mayor announced that separate motions would be considered for approval of Part 2, Part 3 and Part 4 of Stone Bridge Estates. Moved by Vanderhoef, seconded by Champion, to adopt RES. 02-118, Bk. 127, p. 118, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART 2, IOWA CITY. 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. 02-119, Bk. 127, p. 119, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART 3, IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. ' Moved by Champion, seconded by O'Donnell, to adopt RES. 02-120, Bk. 127, p. 120, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART 4, IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-121, Bk. 127, p. 121, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF LACINA MEADOWS, JOHNSON COUNTY, IOWA. PCD Director Franklin present for discussion. The Mayor declared the resolution adopted, 6/1, with the following Complete Description April 2, 2002 Page 5 division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. 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. The Mayor noted that another public hearing would be held after further review. A public discussion was held on an ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase parking fees in Iowa City, Iowa. No one appeared. Moved by Champion, seconded by Vanderhoef, that the ordinance amending title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase parking fees in Iowa City, Iowa, 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 Kanner, to adopt RES. 02-122, Bk. 127, p. 122, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM NORTH DODGE EXPRESS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was conducted on assessing a $300.00 civil penalty against Mumm's Saloon and Eatery, 21 West Benton Street, pursuant to Iowa Code Section 453a.22(2). Andy Chappell, Johnson County Attorney's Office, appeared. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-123, Bk. 127, p. 123, ASSESSING $300.00 CIVIL PENALTY AGAINST MUMM'S SALOON AND EATERY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was conducted assessing a civil penalty of 30-day permit suspension for Deadwood Tavern, 6 S. Dubuque Street, pursuant to Iowa Code Section 453A.22(2). Andy Chappell, Johnson County Attorney's Office, appeared. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-124, Bk. 127, p. 124, SUSPENDING RETAIL CIGARETTE PERMIT OF DEADWOOD TAVERN FOR A PERIOD THIRTY (30) DAYS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was conducted on assessing a civil penalty of 30-day permit suspension for City News & Books, 113 Iowa Avenue, pursuant to Iowa Code Section 453A.22(2). Andy Chappell, Johnson County Attorney's Office, appeared. Individual Council Members expressed their views. Katie Anthony, City News, appeared. Moved by Kanner, seconded by Vanderhoef, to adopt RES. 02-125, Bk. 127, p. 125, SUSPENDING RETAIL CIGARETTE PERMIT OF CITY NEWS & BOOKS FOR A PERIOD OF THIRTY (30) DAYS. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members 3resent. The Mayor declared the resolution adopted. Complete Description April 2, 2002 Page 6 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. No one appeared. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-126, Bk. 127, p. 126, 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 resolution adopted, 6/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. A public hearing was held 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. No one appeared. Moved by Kanner, seconded by Vanderhoef, that the 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, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Kanner, Lehman, O'Donnell, Vanderhoef. Nays: Pfab. Absent: None. A public hearing was held on the Iowa City Housing Authority's updated Annual Plan. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-127, Bk. 127, p. 127, APPROVING THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on proceedings to take additional action for the authorization and issuance of not to exceed $8,480,000 General Obligation Bonds (for an essential corporate purpose) of Iowa, City, Iowa. No one appeared. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 02-128, Bk. 127, p. 128, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum, Champion. Nays: Kanner. Absent: None. A public hearing was held on proceedings to take additional action for the authorization and issuance of not to exceed $610,000 General Obligation Bonds (for a general corporate purpose) of Iowa, City, Iowa. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-129, Bk. 127, p. 129, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $610,000 GENERAL OBLIGATION BONDS. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. A public hearing was held on proceedings to take additional action for the authorization and issuance of not to exceed $680,000 General Obligation Bonds (for a general corporate purpose) of Iowa, City, Iowa. No one appeared. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 02-130, Bk. 127, p. 130, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION BONDS. The Mayor declared the resolution adopted, 6/1, with the Complete Description April 2, 2002 Page 7 following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. A public hearing was held on proceedings to take additional action for the authorization and issuance of not to exceed $230,000 General Obligation Bonds (for a general corporate purpose) of Iowa, City, Iowa. No one appeared. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 02-131, Bk. 127, p. 131, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $230,000 GENERAL OBLIGATION BONDS. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Absent: None. A public hearing was held on to take additional action for the authorization and issuance of not to exceed $700,000 General Obligation Bonds (for a General Corporate Purpose) of Iowa, City, Iowa. No one appeared. Moved by Champion, seconded by Pfab, to adopt RES. 02-132, Bk. 127, p. 132, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 02-133, Bk. 127, p. 133, DIRECTING THE ADVERTISEMENT FOR SALE OF $29,100,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-134, Bk. 127, p. 134, 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 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 plans, specifications, form of contract, and estimate of cost for construction of the FY02 Bridge Maintenance 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. 02-135, Bk. 127, p. 135, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FYO2 BRIDGE MAINTENANCE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Pfab, to defer indefinitely the resolution authorizing execution of an administrative services agreement between the City of Iowa City and Project Green, Inc. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Pfab, to adopt RES. 02-136, Bk. 127, p. 136, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE RIVERSIDE DRIVE ARTS CAMPUS Complete Description April 2, 2002 Page 8 STORM SEWER PROJECT - PHASE III. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to make the following appointments to Boards and Commissions: Airport Zoning Board of Adjustment - Carl Williams, 15 S 7th Avenue, to fill a term January 1,2002 - December 31,2006; Historic Preservation Commission: Amy Marie Smothers Coccoluto, 701 Caroline Avenue, to fill an At-Large Representative term March 29, 2002 - March 29, 2005; and Dee Vanderhoef, as the Elected Official to the Work Force Development. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that the vacancy on the Historic Preservation Commission to fill a (One Moffitt Cottage District Representative) three-year term March 29, 2002 - March 29, 2005, will be readvertised. Council Member Pfab alerted the public to a quit smoking program for pregnant women, women of child bearing age and their spouses running from April 9-May 21 at the Johnson County Department of Public Health, 1105 Gilbert Court. Council Member O'Donnell noted a recent newspaper story regarding a City Council in Tennessee receiving counseling. Council Member Wilburn presented information on a substance abuse dialog being held by the School District, United Action For Youth, MECCA, and the Public Library on April 9 in meeting room A of the Public Library. Council Member Kanner stated he would be attending a Planning & Zoning Board of Adjustment training session in Cedar Rapids on April 9 and there was room in the City car if anyone wanted to ride along; office hours on April 6, 10:00 AM to noon in the Civic Center Lobby Conference Room; anyone interested in attending the peace demonstrations for Columbia solidarity on April 19-22 in Washington DC could contact him for more information; City garden plots are now available for $14; congratulated fellow Clevelander Halle Barry on winning the Academy Award for Best Actress; and Meg for watching the entire award program. Mayor Lehman announced his office hours were his store six days a week, or his home on Sunday; and reminded citizens of the Booster Pancake Day at West High on Saturday benefiting the Iowa City public schools. City Manager Atkins the City would be conducting an open house of the new landfill recycling center on Saturday, April 20; and stated he would be attending a press conference at the Eastern Iowa Cedar Rapids Airport on Thursday, April 4, announcing the cooperative relationship between the Cities of Iowa City and Cedar Rapids on the new technology corridor. Moved by Vanderhoef, seconded by Pfab, to adjourn 11:30 p.m. The May,or declared the motion carried unanimously, 7/0, all/C~nc',l M~Ceers pr~nt. JJ Ernest W. Lehman, Mayor 'rvla~an-I~. Karr, ~3ity ~lerl~ 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 - 3/18/02 Iowa City City Council, special meeting, 5:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Absent: None. Moved and seconded to adjourn to executive session to 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 6:10 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 S u~m~e"~¢~)o r p u b h~c~t io n~-3'~/27/02. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 3/19/02 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. 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 and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meeting of 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 Tokyo Ichiban, 1931 Broadway. Class C Liquor License for Okoboji Grill, 1857 Lower Muscatine Rd. Renewals: Special Class C Liquor License for Sushi Po Po, 725 Mormon Trek Blvd. Class C Liquor License for B.P.O. Elks #590, 637 Foster Rd. Class C Liquor License for First Avenue Club, 1550 S. First Ave. Refund an unused portion of a Class C Liquor License for Malone's Irish Pub, 121 Iowa Ave. RES. 02-79, TO ISSUE A DANCE PERMIT for dba First Avenue Club, 1550 S. First Ave. Setting Public Hearings: RES. 02-80, FIXING DATE 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, FIXING DATE FORA MEETING ON THE PROPOSITION OF THE ISSUANCE OF $610,000 GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) OF IOWA, CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-82, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $680,000 GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) OF IOWA, CITY, IOWA, AND Official Actions March 19, 2002 Page 2 PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-83, FIXING DATE FOR A 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, FIXING DATE FOR A 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, SETTING A PUBLIC HEARING 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, SETTING A PUBLIC HEARING 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, FIXING TIME, DATE 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: RES. 02-88, 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, 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, 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, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM EAGLE FOOD CENTER #157. RES. 02-92, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HAWKEYE CONVENIENCE STORE. RES. 02-93, NAMING DEPOSITORIES. RES. 02-94, 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, 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, AUTHORIZING THE MAYOR TO SIGN AND THE 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, 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, ACCEPTING THE Official Actions March 19, 2002 Page 3 WORK FOR THE CONSTRUCTION OF THE HUNTERS RUN PARK PROJECT. RES. 02-99, ACCEPTING THE WORK FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS. RES. 02-100a, 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 (ECICOG) regarding Zoning Training Opportunity. Doug Elliott (ECICOG) regarding ECICOG 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. Petitions from 124 individuals regarding Conference Center/ Hotel/Rainforest in Coralville Industrial Park. Petitions from 4 individuals regarding Vision Iowa in Coralville. 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. The Mayor declared the motion carried. 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. Moved and seconded 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. Moved and seconded 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 Official Actions March 19, 2002 Page 4 the east side of South Gilbert Street east and south of Napoleon Park. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to accept correspondence from James Trager. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. 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 Dieterle, Walnut St.; Sarah Walz, 1813 Morningside Dr.; and Brandon Ross. Moved and seconded to accept correspondence from Linda Fisher, and Friends of Hickory Hill Park. The Mayor declared the motion carried. Mayor Lehman left the room due to a conflict of interest. Mayor Pro rem 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 second vote for consideration. The Mayor Pro tem declared the motion carried. Mayor Lehman returned to the meeting and now presiding. Moved and seconded 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, 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. The Mayor declared the motion carried. Official Actions March 19, 2002 Page 5 Moved and seconded that ORD. 02-4011, 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, be passed and adopted. Moved and seconded to defer to April 2 an ordinance vacating 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 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. Moved and seconded to accept correspondence from Mike Brandrup. The Mayor declared the motion carried. Moved and seconded 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 the motion carried. Moved and seconded to accept correspondence from Atty. R. Bruce Haupert, representing the applicant. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-100b, APPROVING FINAL PLAT OF FIRST AND ROCHESTER PART FOUR, IOWA CITY, IOWA. 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. Moved and seconded to adopt RES. 02-101, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2003 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. 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. Moved and seconded to continue public hearing to April 2. The Mayor declared the motion carried. 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 and seconded to continue the public hearing to April 2. The Mayor declared the motion carried. Moved and seconded 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. 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 lot 7, Highlander Development First Addition, to Northgate Park Associates. Moved and seconded to adopt RES. 02-102, 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. Official Actions March 19, 2002 Page 6 Mayor Lehman left the mom due to a conflict of interest. Mayor Pro tem Yanderhoef presiding. A public hearing was held on conveyance of 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. Moved and seconded to adopt RES. 02-103, AUTHORIZING CONVEYANCE OF 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. Mayor Lehman returned to the meeting and now presiding. Moved and seconded to adopt RES. 02-104, 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. Moved and seconded to accept correspondence from Bruce Haupert. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to adopt RES. 02-105, 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. Moved and seconded to approve a Tax Exemption certificate for $25,785,000 sewer revenue refunding bonds, series, 2002. The Mayor declared the motion carried. Moved and seconded to approve a Continuing Disclosure certificate for $25,785,000 sewer revenue refunding bonds, series, 2002. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-106, 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 BONDS. Moved and seconded to adopt RES. 02-107, 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. Moved and seconded to adopt RES. 02-108, 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. Moved and seconded to adopt RES. 02-109, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 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. Official Actions March 19, 2002 Page 7 Moved 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 and seconded 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. 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. Moved and seconded to adjourn 9:30 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 Submit'ted for publication - 3/28/02 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's office at 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 3/21/02 Iowa City City Council, special meeting 8:15 a.m. Civic Center. Mayor Pro tern Vanderhoef presiding. Council Members present: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: Kanner. The Mayor stated he had a conflict of interest on the next item and left the meet- ing. Mayor Pro tern Vanderhoef presiding. Moved and seconded that ORD. 02-4012, p. 20, 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 passed and adopted. Atty. Bob Downer, representing Oaknoll, appeared. Moved and seconded that ORD. 02-4013, TO VACATE WEST BENTON COURT NORTH OF BENTON STREET, be passed and adopted. Moved and seconded to adjourn 8:40 a.m. The Mayor Pro tern declared the mo- tion 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 - 3/27/02. 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 MARCH 18, 2002 Iowa City City Council, special meeting, 5:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Dilkes, Karr. Council minutes tape recorded on Tape 02-29, Side 2. Moved by Vanderhoef, seconded by O'Donnell, 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session at 5:35 p.m. Council returned to open session 5:38 p.m. Moved by O'Donnell, seconded by Wilbum, to adjourn the special meeting at 6:10 p.m. The Mayor declared the motion carried unanimously, 5/0, Vanderhoef and Pfab 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 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, 1931 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, 637 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 FORA 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 (ECICOG) regarding Zoning Training Opportunity. Doug Elliott (ECICOG) regarding ECICOG 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 JAil 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 O'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, $04 S. Summit St.; Tom Carsner, 1627 E. College Ct. Place; Holly Berkowitz, 612 Granada Ct.; Pat Ephgrave, 325 Ferson Ave.; Caroline Dieterle, Walnut St.; Sarah Walz, 1813 Morningside Dr.; and Brandon Ross. Moved by ©'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 tern 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 Wilburn, 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 by Vanderhoef, 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 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. 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 ?age 5 Friends of Hickory Hill Park (read by Karin McKeone). The Mayor declared the carried unanimously, 7/0, all Council Members present. layor Lehman left the room due to a conflict of interest. Ma' Pro tern )residing. Moved by Wilburn, seconded by Champion, the rule to be considered and vsted on for final pass~ ~e at two Council meetings )r to the meeting at which it is to be finally passed b~ the second con: .~ration and vote be waived, and that the ordinanc to rezone approximatel~ 800 square feet from Low Density Multi-Famih RM-12, to High Densit,ulti-Family, RM--44, for property located at th, end of West Benton Court be voted on for final passage at this t le. The Mayor Pro tem declared the to suspend defeated, 4/2, division of votes. Ayes: Cham O'Donnell, Vanderhoef, Wilburn. N~ Pfab, Kanner. Absent: Lehman. by Wilburn, seconded by O'Donn6 Ihat the ordinance to rezone receive second te for consideration. The Mayor declared the motion carried, 5/1, ~ following division of roll callAyes: O'Donnell, Pfab, Vanderhoef, Wilburn, ~ion. Nays: Kanner. Absent: I ehman. Mayor Lehman I to the meeting and now Moved by Wilburn, seconded by Jle requiring ordinances be considered and voted on for final passage meetings prior to th~ meeting at which it is to be finally passed be sus consideratior vote be waived, and the ORD. 02-4010, Bk. 42, p. lEND SECTION CHAPTER 6, ENTITLED "ZONING, "ARTICLE E, BUSINESS ZONES," TO PERMIT GROCERY STORES 'ECIAL EXC IN THE C1-1, INTENSIVE COMMERCIAL ZONE, be on fo~ passage at this time. Individual Council Members expressed ir views Mayor declared the motion carried, 6/1, with the following division, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Na Absent: None. Moved by Wilburn, seconded by O'Donnell, that the ord~ce be adopted at this time. The Mayor declared the ordinance adopted, the following division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wi Champion, Lehman. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded b ORD. 02-4011, Bk. 45, p. 19, TO REZONE APPROXIMATELY .63 iD AT 707 DUBUQUE STREET FROM HIGH DENSITY MULTI- AMILY. 4, TO HIGH DENSITY MULTI-FAMILY SENSITIVE AREAS )SA (Svobada), be passed and adopted. Affirmative roll call vote animous, 7/0, :ouncil Members present. The Mayor declared the Moved by O'Donnell, second~ by Vanderhoef to April 2 an ordinance vacating the northern 18: of the 2 hr-of-way located south of Burlington Street ~ ~d west of Dubuque Street. ~e Mayor declared the motion carried unanimously all Council Members Moved by Chaml: by Pfab, to defer to April resolution approving the preliminap Heights, a 146.68 acre subdivision located on the east side of Street north of the southern city The Mayor declared the motion carried un nimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by to accept correspondence from Mike Brandrup. )tion carried unanimously, 7/0, all Council Members present. Moved by Vanderho~ seconded by O'Donnell, to defer to April 2 a resolution approving the final plat of ,~ ne Bridge Estates, pads 2-4, a 13.98 50-lot residential subdivision located east 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 lot 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 rem Vanderhoef presiding. A public hearing was held on conveyance of the vacated West Benton Court Right-of-Way, a 15,577 square foot parcel 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 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. The Mayor Pro rem declared the resolution adopted, 4/2, with the following division of roll call vote. Ayes: Champion, O'Donnell, Vanderhoef, Wilbum. 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 FORA 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 ATTEST A 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, www. ic~ov, or~/councilagendas, 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'Donneil 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 reported on the National League of Cities meeting in Washington, D.C., and her participation in the Municipalities and Transition Panel. Council Member Wilburn 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, 7/0, 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 at 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MARCH 21,2002 Iowa City City Council, special meeting 8:15 a.m. Civic Center. Mayor Pro tem Vanderhoef presiding. Council Members present: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: Kanner. Staff members present: Atkins, Dilkes, Karr. Council minutes recorded on Tape 02-33, Side 2. The Mayor stated he had a conflict of interest on the next item and left the meet- lng. Mayor Pro tem Vanderhoef presiding. Moved by O'Donnell, seconded by Champion, that ORD. 02-4012, Bk. 45, p. 20, TO REZONE APPROXIMATELY 2,800 SQUARE FEET FROM LOW DENSITY MULTI-FAMILY RESIDENTIAL, RM-12, TO HIGH DEN- SITY MULTI-FAMILY, RM.44, FOR PROPERTY LOCATED AT THE NORTH END OF WEST BENTON COURT, be passed and adopted. Atty. Bob Downer, representing Oaknoll, appeared. Individual Council Members expressed their views. The Mayor Pro tem declared the ordinance adopted, 4/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilbum, Champion, O'Donnell. Nays: Pfab. Absent: Kanner, Lehman. Moved by O'Donnell, seconded by Wilburn, that ORD. 02-4013, Bk. 45, p. 21, TO VACATE WEST BENTON COURT NORTH OF BENTON STREET, be passed and adopted. The Mayor Pro tem declared the ordinance adopted unanimously, 5/0, Kanner, Lehman absent. Moved by O'Donnell, seconded by Wilburn, to adjourn 8:40 a.m. The Mayor Pro tem declared the motion carried unanimously, 5/0, Kanner, Lehman, absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk