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2002-04-16 Council minutes
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 APRIL 16, 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, Franklin, Nasby, O'Malley, Fosse, Long, Spitz, Knoche, Pfohl, Hightshoe. Council minutes tape recorded on Tapes 02-40 & 02-41, Both Sides. The Mayor proclaimed: Equal Pay Day: April 16, Sandy Kunde, Rep. BPW accepting. Arbor Day: April 26; Crime Victims' Rights Week: April 21 - April 27, Valerie Kemp accepting; Volunteer Week: April 21 - April 27, Dana Hattin, Crisis Center Food Bank Director, accepting; Project GREEN Week: April 29 - May 5, Ann Hease, Steering Committee accepting; Crisis Center Week: April 29 - May 5, Ross Wilburn, Executive Director accepting. The Mayor presented Outstanding Student Citizen Awards to Horace Mann Elementary: Claire Paulson (introduced by Cassie Panther), Jose Gomez (introduced by teachers Stacey Medd and Tim Kemp), Ivan Osinsky (introduced by Abdullah Awad), and Cassie Panther (introduced by Claire Paulson). 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 4(e)2 setting a public hearing for Marketplace Streetscape Project: Approval of Official Council Actions for regular meeting of April 2, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission: January 11,2001. Iowa City Airport Commission: August 9, 2001. Iowa City Board of Appeals: March 18. Iowa City Public Library Board of Trustees: February 28. Iowa City Telecommunications Commission: February 25 Recommendation to Council: Do not change the definition of gross revenues subject to franchise fees to exclude non-subscriber revenue. Parks and Recreation Commission: March 13. Planning and Zoning Commission: March 21. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Ambiance, LLC dba Lark Restaurant, 1069 Highway 1 West. Renewals: Class C Liquor License for Daverse II, Inc., dba College Street Billiard Club, 114-116 E. College St. Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Class C Liquor License for Sports Column Corp., dba Sports Column, 12 S. Dubuque St. Class C Liquor License for Kitty Hawk, Inc., dba Kitty Hawk, 1012 Gilbert Ct. Class C Liquor License for GMD, Inc., dba Parthenon, 320 E. Burlington St, Class C Liquor License for Sam's Pizza lC Inc., dba Sam's Pizza lC, Inc., 321 S. Gilbert St. Special Class C Liquor License for Little Donkey's, Inc., dba Panchero's, 32 S. Clinton St. Special Class C Liquor License for Freshmex Iowa City, LLC, Panchero's Mexican Grill, 965 S. Riverside Dr. Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Highway 6 E. Class B Beer Permit for M & T Investments, Inc., dba Happy Joe's Pizza & ice Cream Parlor, 225 S. Gilbert St. Class C Beer Permit for DeliMart Corp., dba DeliMart #3, 2410 Mormon Trek Blvd. Refund for an unused portion of a Class C Liquor License for Downtown Iowa City Entertainment, LLC, dba Union Bar, 121 E. College St. RES. 02-137, Bk. 127, p. 137 TO ISSUE Complete Description April 16, 2002 Page 2 DANCE PERMIT for Iowa City Lodge #1'096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Highway 6 E. Motions: approve disbursements in the amount of $12,710,438.94 for the period of March 1 through March 31,2002, as recommended by the Finance Director subject to audit. Setting Public Hearings, Bk. 127: RES. 02-138, p. 138, SETTING PUBLIC HEARING for May 7 ON AMENDING THE FY2002 OPERATING BUDGET. RES. 02-139, p. 139, SETTING A PUBLIC HEARING for May 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 127: RES. 02-140, p. 140, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DECLARATION OF COVENANT FOR ACCESS, ELECTRIC AND SIGN EASEMENTS FOR AUDITOR'S PARCEL 2002-003. RES. 02-141, p. 141, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1704 F STREET, IOWA CITY, IOWA. RES. 02- 142, p. 142, ACCEPTING THE WORK FOR THE IOWA CITY TRANSIT METHANE ABATEMENT PROJECT, PHASE 2. RES. 02-143, p. 143, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM L & M MIGHTY SHOP, INC., 504 E. BURLINGTON ST., IOWA CITY. RES. 02- 144, p. 144, ACCEPTING WAIVER OF RIGHT TO HEARING AND SUSPENDING RETAIL CIGARETTE PERMIT OF OSCO DRUG STORE, 201 SOUTH CLINTON STREET, IOWA CITY, FOR A PERIOD OF THIRTY (30) DAYS. Correspondence: Linda Wotlman: Pow Wow [staff response included]. Scott Kading: 13 S Linn Street. Matthew Show: City and School Salaries. Mike Post: Couches and Permits for Parties and Kegs. Fred VanAIlen: Response regarding Litter. James Adrian (Atlas World Grill): Sidewalk Caf6 Hours. JCCOG Traffic Engineering Planner: Change Nineteen Parking Meters in the Recreation Center Lot from 10-Hour to 2-Hour Meter Term; Installation of NO PARKING 2AM - 6 AM Signs. Hillary Sale (Neighborhood Housing Relations Task Force): Update. Distributed in Council's April 4 Information Packet: James Barrett: Proposal. Stephen Murphy: Jamba Juice. Nate Steele: Hickory Hill Improvements Costs. Sandford Jaques: Public Power Initiative. Mary Mitchell: Reception for Brian James. C. Everett Koop: Smoke free Restaurant Ordinance. Robert Dostal: Moen Project. Helene Hembreiker: Municipal Electric Utility. Alan Nagel: Camp Cardinal Road. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Kanner, to adopt RES. 02-145, Bk. 127, p. 145, SETTING A PUBLIC HEARING for May 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NORTHSIDE MARKETPLACE STREETSCAPE PROJECT, PHASE I, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Complete Description April 16, 2002 Page 3 Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Pfab, Wilburn, Champion, Kanner. Nays: O'Donnell, Vanderhoef, Lehman. Absent: None. John Neff, 2305 MacBride Dr., appeared regarding the procedure for Council consideration of beer and liquor renewals. LeRoy Bird, 4255 Sycamore St., SE, appeared regarding legislation banning under 21 from entering bars. Mike Newman requested Council consideration of banning smoking in all businesses. Julie Spears, 1019 Church, presented survey results of student aged representation on City Boards and Commissions. Moved by Wilburn, seconded by Vanderhoef, to accept survey results. 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 May 7 on an ordinance to amend Section 14-6K-2 of the Zoning Ordinance, Floodplain Management, in order to remove the requirement for fill beyond the area of a structure, update various definitions and references, and to acknowledge the new Flood Insurance Rate Map (FIRM). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-146, Bk. 127, p. 46, AMENDING THE COMPREHENSIVE PLAN, SPECIFICALLY THE SOUTH DISTRICT PLAN, TO DEPICT THE GENERAL LCOATION OF AN EAST- WEST ARTERIAL STREET, WHICH WILL CONNECT SOUTH GILBERT STREET TO SCOTT BOULEVARD. 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 Vanderhoef, seconded by Wilburn, to accept correspondence from David Rust and Joy Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt a resolution amending 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. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 2/5, with the following division of roll call vote: Ayes: O'Donnell, Vanderhoef. Nays: Kanner, Lehman, Pfab, Wilburn, Champion. Absent: None. Moved by O'Donnell, seconded by Vanderhoef to accept correspondence from David Rust and Joy Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A majority of Council requested that the matter of amending the Comprehensive Plan be scheduled for an upcoming Council work session. 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. The following individuals appeared: LeRoy Bird, 4255 Sycamore St, SE; and Atty. Mike Pugh, representing the applicant, requested withdrawn of the item for Council consideration. Moved by O'Donnell, seconded by Pfab, to accept correspondence from the following individuals: David Rust, Joy Smith, Cat Fribley, Atty. Mike Pugh, and Gene Fisher, Keystone Property Management Co. The Mayor declared the motion carried, 7/0, all Council Members present. The Mayor noted the ordinance had been withdrawn, and no further action would be taken by the Council. Complete Description April 16, 2002 Page 4 Moved by Wilburn, seconded by Vanderhoef, 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 finally passes be suspended, the first consideration and vote be waived, and that 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 be given second reading at this time. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Lehman, ©'Donnell, Vanderhoef, Wilburn, Champion. Nays; Kanner, Pfab. Moved by Wilburn, seconded by O'Donnell, to give second consideration to the ordinance. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from Kevin Hanick. The Mayor declared the motion carried, unanimously, 7/0, all Council Members present. Later in the meeting and after further review by the City Attorney it was determined that a three fourths majority of Council (six) is needed to waive readings on an ordinance. The item was considered and voted first consideration after item #8 of the agenda. Moved by Champion, seconded by Pfab, that the ordinance amending the Neighborhood Commercial, CN-1, zone to broaden the uses allowed and to revise the dimensional requirements and design provisions, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that the 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, be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: O'Donnell, Pfab, Wilburn, Champion, Kanner, Lehman. Nays: Vanderhoef. Absent: None. 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 finally passes be suspended, the second consideration and vote be waived, and that 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, be voted on for final passage at this time. The following individuals appeared: Atty. Clemens Erdahl, representing Friends of Hickory Hill Park; Dianne Kaufman, 811 N. Linn, summarized a statement from David Purdy and Stacey VanZante (Friends of Hickory Hill Park Co-Chairs); LeRoy Bird, 4255 Sycamore St., SE; and Atty. Mike Pugh, representing the applicant. The Mayor declared the motion to expedite defeated, 4/3, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Lehman, O'Donnell. Nays: Pfab, Champion, Kanner. Absent: None. Moved by Vanderhoef, seconded by Wilburn, to give second consideration of ordinance at this time. Affirmative roll call vote, 7/0, Pfab abstaining. The Mayor declared the motion carried unanimously, 7/0 (in accordance with RES. 00-117), all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Atty. Mike Pugh and David Purdy and Stacey VanZante, Friends of Hickory Hill Park Co-Chairs. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description April 16, 2002 Page 5 Moved by Wilburn, seconded by O'Donnell, to defer to May 7 a resolution approving the preliminary plat of Hickory Heights. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer indefinitely a resolution approving the final plat of Lindemann Subdivision Part One and resolution approving the final plat of Lindemann Subdivision Part Two. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to adopt RES. 02-147, Bk. 127, p. 147, APPROVING THE PRELIMINARY PLAT OF NAPOLEON HEIGHTS, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the First Avenue Corridor Improvement project - Rochester Avenue to D Street, 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. City Engr. Fosse present for discussion. Individual Council Members expressed their views. Moved by Pfab, seconded by Champion, to adopt RES. 02-148, p. 127, p. 148, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO D STREET, 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. The City Atty. stated after further review it was determined that a three fourths majority of Council (six) is needed to waive readings on an ordinance. Therefore, Council will not be able to expedite consideration of previous item #6e, per the request from Kevin Hanick, rezoning northwest corner of Rohret Road and Phoenix Drive. Moved by Champion, seconded by Vanderhoef, that the ordinance be voted upon for first consideration at this time. Council Member Kanner requested more time to review the matter prior to voting. The Mayor stated the item will be considered for first consideration after the next item (item #8) on the agenda. Council Member Wilburn stated he had a conflict of interest and left the room. A public hearing regarding the FY03 Annual Action Plan, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps), as amended. The following individuals appeared: Gary Smith, 917 Bowery St., Housing Repair Program through Elderly Services; Marsha Acord, Associate Director, Wesley Center; Christy Canganelli, Emergency Housing Project; Kathleen Renquist, HCDC; Charlie Eastham, President, Greater Iowa City Housing Fellowship; and Bob Burns, 319 E. Washington St., Garden Prairie Project. Community Development Coordinator Nasby present for discussion. Moved by Vanderhoef, seconded by Kanner, to accept correspondence from Joyce Carman, President Elder Services Board of Directors; Joyce Carman, President, Susan Boyd, Vice President, and Kenneth Coleman, Board Member of Elder Services. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Council Member Wilburn returned to the meeting. The Mayor stated Council would be voting on first consideration of an ordinance rezoning 5.45 acres from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Complete Description Rev~ sed April 16, 2002 * 5/7/0? Page 6 Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix Drive. Moved by Champion, seconded by Vanderhoef, that the ordinance be voted upon for first consideration at this time. Affirmative roll vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Lehman, Mayor Pro-tern Vanderhoef, and Council Member Champion stated they had a conflict of interest on the next item and left the meeting. Moved by O'Donnell, seconded by Kanner, to appoint City Clerk as Temporary Chairperson for · purposes of electing temporary Mayor Pro tem. The motion carried unanimously, 4/0, Lehman, Champion, Vanderhoef, absent. Temporary Chair Karr now presiding. Moved by Kanner, seconded by Pfab, to nominate Council Member Pfab as temporary Mayor Pro tem. Hearing no further nomination temporary chair Karr declared the motion carried unanimously, 4/0, Champion, Lehman, Vanderhoef, absent. Temporary Mayor Pro tern Pfab now presiding for the duration of consideration of this item. Moved by O'Donnell, seconded by Wilburn that the ordinance amending Title 10, entitled "Use of Public Ways and Property," by adding Chapter 10, entitled "Chutes and Vaults within the public right-of-way" to establish a system to regulate the use of chutes and vaults in the public right-of-way be given first vote. Marc Moen, 210 S. Clinton St., appeared regarding article 4f of the ordinance and the reference that City approval could be withdrawn with 30 days notice. City Atty. Dilkes will review the language prior to Council voting second consideration at their next meeting. Affirmative roll call vote unanimous, 4/0, Lehman, Champion, Vanderhoef, absent. Temporary Mayor Pro tem Pfab declared the motion carried. Mayor Lehman, Mayor Pro tern Vanderhoef, and Council Member Champion returned to the meeting. Mayor Lehman now presiding. Moved by Kanner, seconded by Champion, to give second consideration to the ordinance increase parking fees. After discussion, the seconder withdrew and the motion died for lack of a second. Moved by Vanderhoef, seconded by Wilburn, 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. 02-4015, Bk. 45, p. 23, 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 voted on for final passage at this time. Parking and Transit Director Fowler present for discussion. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donneli, Pfab. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Vanderhoef, 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 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 voted on for final passage at this time. The Mayor declared the motion defeated, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donneil, Vanderhoef, Wilburn. Nays: Pfab, Kanner. Moved by Vanderhoef, seconded by Kanner that the ordinance be Complete Description April 16, 2002 Page 6 Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix rive. Moved by Champion, seconded by Vanderhoef, that the ordinance be voted for first consideration at this time. Affirmative roll vote unanimous, 7/0, all /~ CoL present. The Mayor declared the motion carried. Mayor Pro-tern Vanderhoef, and Council Member stated ad a conflict of interest on the next item and left the meeting.. M~ by O'Donnell ~nded by Kanner, to appoint City Clerk as Temporary ~g temporary Mayor Pro tern. The motion carried unanir 7/0, all Council ; present. Temporary Chair Karr now presidin by Kanner, seconded to nominate Council Member Pfab Pro tern. Hearing no her nomination temporary carried unanimously, ~ion, Lehman, Vanderhoef, Mayor Pro tern Pfab now ~siding for the duration of consideratk of this item. Moved by O'Donnell, d by Wilburn that the ordinance ar Title 10, entitled "Use of Public Ways Property," by adding Chapte entitled "Chutes and Vaults within the public "to establish a syste~ regulate the use of chutes and vaults in the ¢ be given Marc Moen, 210 S. Clinton St., appeared 4f of the ordinance the reference that City approval could be withdrawn with ~ys notice. Cit, Dilkes will review the language prior to Council voting consideration next meeting. Affirmative roll call vote unanimous, 4/0 ehman, Chs ~ion, Vanderhoef, absent. Temporary Mayor Pro tem Pfab declared motion Mayor Lehman, Mayor Pro tem Vanderhoef, and Council Member returned to the meeting. Mayor Lehman now presiding. Moved by Kanner, seconded by Champi0~ to g~ve second consideration to the ordinance increase parking fees. the seconder withdrew and the motion died for lack of a second. Moved . seconded by Wilburn, that the rule requiring ordinances to be consi d voted on for final passage at two Council Meetings prior to the meeting it is~o be finally passed be suspended, the second consideration and be waived and that ORD. 02-4015, Bk. 45, p. 23, AMENDING TITLE 3, FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE INCREASE PARKING FEES IN IOWA CITY, IOWA be voted on for final passage time. Parking and Transit Director Fowler present for discussion. Individual Members expressed their views. The Mayor declared the motion with the following division, of roll call vote: Ayes: Vanderhoef, Wilburn, )ion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. Moved seconded by O'Donnell, that the ordinance be adopted at this time. Affirmat call vote unanimous, 7/0, all Council Members present. The Mayor ordinance adopted. Moved by Wilburn by Vanderhoef, that the rule requiring ordinances to be consid~ and voted on for final passage at two Council Meetings prior to the meeting at ~ it is to be finally passed be suspended, the second consideration :1 that the ordinance amending Title 3, entitled "City Finances, and Fees," chapter 4, entitled "Schedule of Fees, Rates, Charges Bonds, Fi and Penalties," Article 5, entitled "Solid Waste Disposal," of the City Code to solid waste charges be voted on for final passage at this time. the motion defeated, 5/2, with the following division vote?/Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: of roll call Pfab, Kanner//Moved by Vanderhoef, seconded by Kanner that the ordinance be Complete Description April 16, 2002 Page 7 given second consideration at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-149, Bk. 127, p, 149, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 3-ACRE PARCEL OF LAND ON THE WEST SIDE OF IOWA CITY ADJACENT TO SLOTHOWER ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. City Engr. Fosse present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by Champion to adopt RES. 02-150, Bk. 127, p. 45, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE SOUTH SYCAMORE 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 Champion, seconded by Pfab, to adopt RES. 02-151, Bk. 127, p. 151, DIRECTING SALE OF $29,100,000 GENERAL OBLIGATION BONDS to RBC Dain Rauscher Inc. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Champion to adopt RES. 02-152, Bk. 127, p. 152, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE MORMON TREK BLVD. EXTENSION PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING for May 21. 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. The Mayor announced the current vacancies (due to State Code changes): Airport Zoning Commission: Two vacancies to fill unexpired terms. One ending December 31,2003 and the other ending December 31,2005. Airport Zoning Board of Adjustment: One vacancy to fill an unexpired term ending December 31,2003. Applications must be received by 5:00 p.m., Wednesday, June 5. The Mayor noted the previously announced vacancy on the Historic Preservation Commission: One vacancy (Moffitt Cottage District Representative) to fill a three-year term March 29, 2002 - March 29, 2005. Applications must be received by 5:00 p.m., Wednesday, May 1. Council Member Kanner announced a series of events happening for Earth Week 2002; stated the Senior Center was seeking nomination for the 2002 Senior Distinction Award, and nominations must be received by April 19. Council Member Wilburn thanked the City Manager and Finance Director for helping the Council make decisions necessary for securing a Aaa bond rating for the recent bond sale. Council Member Champion requested Council schedule discussion of committing to the opening of First Avenue on a specific date. The matter will be scheduled. City Mgr. Atkins stated the Economic Development meeting scheduled for Thursday morning (April 18) had been cancelled; and asked Council schedule an upcoming work session to discuss the $40,000 budget reduction at the Senior Center. Council directed staff to schedule the discussion. Complete Description April 16, 2002 Page 8 Council Member Kanner requested a copy of the proposed agreement with Elder Services for Senior Dining; and noted discussion should be scheduled on the ground rules/procedure for Council discussion of public power possibilities. Staff will provide a memo on the public power discussion. Moved by Vanderhoef, seconded by Pfab, to adjourn 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, icil Members present. ~-rnest vv. Lehman, Mayor Man'i~m 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. 4a The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $. OFFICIAL COUNCIL ACTIONS - 4/2/02 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: 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 and seconded 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: RES. 02-110, 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, RATIFYING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR AMERICAN SPIRIT GRANT FUNDS. RES. 02- 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, 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 for Union Bar, 121 E. College Street. RES. 02-114, to ISSUE DANCE PERMIT for Union Bar, 121 E. College Street. Official Actions April 2, 2002 Page 2 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 Tom Carsner regarding Support Public Power. John Neff regarding Police. Checks. Kris Jones regarding Scott Boulevard and North Dodge Street intersection. Jerry Sorokin regarding Israel Solidarity Program. The Mayor declared the motion carried. Council Member Wilburn stated he had a conflict of interest on the next item and left the meeting. Moved and seconded 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. Council Member Wilburn returned to the meeting. Moved and seconded to adopt RES. 02-115, DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING 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, DETERMINING THE NECESSITY AND SETTING QATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED INDUSTRIAL PARK ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY; RES. 02-117, DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED HEINZ ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY. 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. 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. The following individuals appeared: Jerry Hansen, 1237 Burns Ave., P&Z Member; and Steven Nelson, 1033 Official Actions April 2, 2002 Page 3 Sandusky. Moved and seconded to accept correspondence from Steve Nelson. The Mayor declared the motion carried. 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 and seconded 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. 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;. Moved and seconded to continue public hearing to April 16. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Steven Nelson; Charlie McGuire; Lori Klockau; Anne Vespa; one letter from: Dan Sivan, Lena Sivan, Shelley Matzen, Robert Temple, Amy Bouska, Karen Dawes, Lori Klockau, David Klockau, & Steven Nelson; 2 booklets from Sterling Housing, LLC Collegiate Residence/Development/Management. The Mayor declared the motion carried. 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. 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. 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. Moved and seconded 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. The Mayor Official Actions April 2, 2002 Page 4 declared the motion carried. Moved and seconded to accept correspondence from Kevin Hochstedler. The Mayor declared the motion carried. Moved and seconded that ORD. 02-4014, 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. Moved and seconded to adopt RES. 02-118, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART 2, IOWA CITY. Moved and seconded to adopt RES. 02-119, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART 3, IOWA CITY. Moved and seconded to adopt RES. 02-120, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART 4, IOWA CITY. Moved and seconded to adopt RES. 02-121, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF LACINA MEADOWS, JOHNSON COUNTY, IOWA. 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. 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-122, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM NORTH DODGE EXPRESS. 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). Moved and seconded to adopt RES. 02-123, ASSESSING $300.00 CIVIL PENALTY AGAINST MUMM'S SALOON AND EATERY. 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). Moved and seconded to adopt RES. 02-124, SUSPENDING RETAIL CIGARETTE PERMIT OF DEADWOOD TAVERN FOR A PERIOD THIRTY (30) DAYS. 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). Katie Anthony, City News, appeared. Moved and seconded to adopt RES. 02-125, SUSPENDING RETAIL CIGARETTE PERMIT OF CITY NEWS & BOOKS FOR A PERIOD OF THIRTY (30) DAYS. Official Actions April 2, 2002 Page 5 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 adopt RES. 02-126, AUTHORIZING CONVEYANCE OF THE NORTH 182 FEET OF THE ALLEY IN BLOCK 102, LOCATED BETWEEN BURLINGTON AND COURT STREETS TO THE HIERONYMI PARTNERSHIP. 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. Moved and seconded 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. The Mayor declared the motion carried. A public hearing was held on the Iowa City Housing Authority's updated Annual Plan. Moved and seconded to adopt RES. 02-127, APPROVING THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN. 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. Moved and seconded to adopt RES. 02-128, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS. 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. Moved and seconded to adopt RES. 02-129, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $610,000 GENERAL OBLIGATION BONDS. 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. Moved and seconded to adopt RES. 02-130, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION BONDS. 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. Moved and seconded to adopt RES. 02-131, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $230,000 GENERAL OBLIGATION BONDS. 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. Moved and seconded to adopt RES. 02-132, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS. Moved and seconded to adopt RES. 02-133, DIRECTING THE ADVERTISEMENT FOR SALE OF $29,100,000 GENERAL OBLIGATION BONDS. Official Actions April 2, 2002 Page 6 Moved and seconded to adopt RES. 02-134, 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. 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. Moved and seconded to adopt RES. 02-135, 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. Moved and seconded to defer indefinitely the 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. 02-136, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE RIVERSIDE DRIVE ARTS CAMPUS STORM SEWER PROJECT - PHASE III. Moved and seconded 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. 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. Moved and seconded to adjourn 11:30 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/Maria~n_ K. Karr, City,~lerk, ~, ~ Submitted-for publication - 4/9/02 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 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 26, 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 OF AN 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 for TM & 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 EIliott 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 Wilbum 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; Lori 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/DevelopmentJ Management. The Mayor declared the motion carried unanimously, 710, 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 162 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. Aff'~rmative 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 present. 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. ']'he 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, 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 $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 Ill. 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 Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk