HomeMy WebLinkAbout2002-07-02 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
JULY 2, 2002
Iowa City City Council regular meeting, 7:00 p.m. Civic Center. Mayor Lehman
presiding. Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Johnson,
Dilkes, Karr, Hurd, Franklin, Winkelhake, Hennes, Campbell, Ambrose, McCafferty,
Long, Jensen, Rocca, Davidson, Fosse, Scott. Council minutes tape recorded on Tape
02-57, Both Sides; Tape 02-58, Both Sides, Tape 02-59, Side 1.
Sheriff Ted Kamatchus, a member of the Commission on Accreditation for Law
Enforcement Agencies presented a Certificate of Accreditation to the Iowa City Police
Department. Police Chief Winkelhake and Sgt. Hurd present. Finance Director O'Malley
accepted the Certificate of Achievement for Excellence in Financial Reporting, and
acknowledged members of the City Accounting Division for their efforts. He also noted
the retirement of Asst. Controller Regina Schreiber after 33 years of service and invited
everyone to a reception honoring her on July 9.
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 June 11, as
published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Historic Preservation Commission:
April 25. Historic Preservation Commission: May 9. Housing and Community
Development Commission: April 16. Housing and Community Development
Commission: May 16. Iowa City Airport Commission: May 16. Iowa City Board
of Adjustment: May 8. Iowa City Board of Appeals: May 20. Iowa City Board of
Appeals: June 11
Recommendation: Adopt the 2000 International Fire Code with Approved
Local Amendments.
Iowa City Civil Service Commission: May 24. Iowa City Human Rights
Commission: May 28. Parks and Recreation Commission: June 12. Planning
aqd Zoning Commission: May 16.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Outdoor Service Area for Diamond Dave's Mexican Restaurant, Inc., dba
Diamond Dave's, 201 S. Clinton St. Renewals: Class C Liquor License for
Lohaus & Larson Investment Co., Inc. dba Airliner, 22 S. Clinton St. (Renewal)
Correspondence included in Council packet. Special Class C Liquor License for
Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr. Class C
Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West.
Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6
West. Special Class C Liquor License for OM Incorporated dba Masala, 9 S.
Dubuque St. Class C Liquor License for New Walt's Ltd., dba Memories, 928
Maiden Lane. Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118
E. College St. Class E Liquor License for Hartig Drug Company, Inc., dba Hartig
Drug Store #10, 701 Mormon Trek Blvd. Class B Wine Permit for Hartig Drug
Company, Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. Class C Beer
Permit for Hartig Drug Company, Inc., dba Hartig Drug Store #10,701 Mormon
Trek Blvd. Class E Liquor License for Eagle Food Centers, Inc., dba Eagle Food
Center #157,600 N. Dodge St. Class C Beer Permit for FAP Enterprises, Inc.,
dba Gasby's East, 2303 Muscatine Ave. Class C Beer Permit for Krause Gentle
Corporation, dba Kum & Go #A22,513 S. Riverside Dr. RES. 02-222, Bk. 128, p.
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July 2, 2002
Page 2
222, TO ISSUE CIGARETTE PERMITS. RES. 02-223, Bk. 128, p. 223, TO
ISSUE DANCE PERMIT to New Walt's Ltd., dba Memories, 928 Maiden Lane.
New: Class C Liquor License for Etre, LLC, dba Etc., 118 S. Dubuque St. RES.
02-223, Bk. 128, p. 223, TO ISSUE DANCE PERMIT for Etre, LLC, dba Etc.,
118 S. Dubuque St.
Motions: Approve disbursements in the amount of $15,297,879.87 for the
period of April 1 through April 30, 2002, and disbursements in the amount of
$17,868,151.67 for the period of May 1 through May 31,2002, as recommended
by the Finance Director subject to audit.
Setting Public Hearings, Bk. 128: RES. 02-224, p. 224, SETTING A
PUBLIC HEARING for July 16 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE VOICE COMMUNICATIONS
PHASE-2 OUTSIDE PLANT PACKAGE 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. 02-225, p. 225, SETTING A PUBLIC HEARING for July 16 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE ANIMAL SHELTER HVAC PROJECT: PHASE
II, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION. RES. 02-226, p. 226, SETTING A PUBLIC HEARING for
July 16 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2002 CURB RAMP
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. 02-227, p. 227, OF INTENT TO
APPROVE A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
NEXTEL WlP LEASE CORP. FOR USE OF CAPITOL STREET PARKING
RAMP SPACE FOR AN EQUIPMENT SHELTER AND SPACE ON THE
EXTERIOR OF THE ELEVATOR PENTHOUSE FOR ANTENNA USE, AND
SETTING A PUBLIC HEARING FOR JULY 16, 2002.
Resolutions, Bk. 128: RES. 02-228, p. 228, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1208
GINTER AVENUE, IOWA CITY, IOWA. RES. 02-229, p. 229, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE
OF LIEN REGARDING THREE MORTGAGES FOR THE PROPERTY
LOCATED AT 1436 ABER AVENUE, IOWA CITY, IOWA. RES. 02-230, p. 230,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 630 WHITING AVENUE, IOWA CITY, IOWA. RES. 02-251, p.
231, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A STORM SEWER AND DRAINAGE EASEMENT AGREEMENT
LOCATED ON LOT 1 OF RUPPERT SUBDIVISION PART ONE. RES. 02-232,
p. 232, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING STORMWATER
MANAGEMENT FACILITY FOR W.B. DEVELOPMENT, IOWA CITY, IOWA.
RES. 02-233, p. 233, APPROVING AN AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM
Complete Description
July 2, 2002
Page 3
FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST THE SAME. RES. 02-234, p. 234, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE
AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, HAWKEYE- BAY STATES L. L. C., AND
MIKE AND MARTY ENT. D/B/A QUINTON'S BAR AND DELI FOR A
SIDEWALK CAFE. RES. 02-235, p. 235, ACCEPTING THE WORK FOR THE
MORMON TREK BOULEVARD IMPROVEMENT- MELROSE AVENUE TO THE
IOWA INTERSTATE RAILROAD BRIDGE PROJECT - STP-U-3715(618)--70-
52.
Correspondence: Tom Saterfiel regarding Sidewalk Concerns [staff
responses included]. Judy Pfohl regarding Kiwanis Park. Cadet Miller regarding
Arts Fest and Youth Activities [staff response included]. Chris Rohret regarding
Iowa City's Smoking Ban. Joe Deschenes regarding City Council Meetings. Rick
Kaster regarding Inspections [staff response included]. Emily Thurman regarding
Grass/Weeds Along Scott Blvd [staff response included]. Brian Globokar
regarding First Avenue/Court Street Construction [staff response included]. Tim
Leaven regarding Bus Service to Hunters Run [staff response included]. Kevin
Hochstedler (Home Builders Association) regarding 2002 Parade of Homes. T6m
Carter regarding Book . Linda Dellsperger regarding Manville Heights Traffic.
Ruth Baker regarding Neighborhood Housing Relations Task Force
Recommendations. Tim Toomey regarding Neighborhood Housing Relations
Task Force Recommendations. Bruce Maurer regarding Friendship Street/First
Avenue Intersection [staff response included]. John Beasley regarding
Appreciation. Caroline Dieterle regarding Pesticides. Robert Dostal regarding
Plaza Towers and Englert Theatre [City Manager response included]. Robert
Dostal regarding Midwest High Speed Rail Coalition. Les Weber (CAFE)
regarding No Smoking Ordinance. Dan Lechay regarding Height Restrictions for
Downtown Buildings. Hillary Sale (Neighborhood Housing RelationsTask Force)
regarding Proposed Initiatives/Report of Task Force. Civil Service Commission
regarding Firefighter List [see Commission minutes of May 24 for further
information]. JCCOG Traffic Engineering Planner regarding Installation of NO
PARKING HERE TO CORNER Sign on the East Side of the 100 Block of North
Johnson Street; Installation of Two NO PARKING CORNER TO HERE Signs
and Two NO PARKING BETWEEN SIGNS on the West Side of North Van Buren
Street; Installation of One NO PARKING HERE TO CORNER Sign and One NO
PARKING HERE TO DRIVEWAY Sign on Bloomington Street. Tim Holman
regarding Housing Relations Task Force Proposals. Barbara Buss regarding
Housing Relations Task Force. Cecile Kuenzli regarding Housing Task Force
Recommendations. Paula and Lowell Brandt regarding Housing Task Force.
Robert Hilton regarding Housing Relations Task Force. Margaret and Chuck
Felling regarding Housing Relations Task Force. Nick Herbold and Matt Blizek
regarding Housing Relations Task Force. Michael Wright regarding Housing
Task Force.
The City Manager and City Attorney responded to questions from Council Member
Kanner regarding the addition of a resolution setting public hearing on a lease with
Nextel WIP for Capitol Street ramp space for antenna use. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Senior Center Commissioner Deborah Schoenfelder updated Council on
activities at the Senior Center. Zeke Palnick, 833 Longfellow Place, appeared regarding
the proposed housing development near Longfellow Place. The Mayor noted the item
Complete Description
July 2, 2002
Page 4
would be discussed later in the meeting as agenda item #6. Jim Walters, 1033 E.
Washington St., appeared regarding City urban renewal parcel 64-1a/Moen Project.
Moved by Vanderhoef, seconded by Pfab, to set a public hearing for July 16 on
an ordinance changing the zoning designation from Medium Density Single Family, RS-
8, to Historic Preservation Overlay-Medium Density Single Family, OHP-RS-8, (Buss)
designating 3 acres of property located at 747 West Benton Street a Historic Landmark.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by O'Donnell, to set a public hearing for July 16
on an ordinance changing the zoning designation from General Industrial, I-1, to
Intensive Commercial, C1-1, for 1.34-acres (Gringer) located west of Riverside Drive '
south of Commercial Drive. 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 tern
Vanderhoef presiding. Moved by O'Donnell, seconded by Champion, to set a public
hearing for July 16 on an ordinance changing the zoning designation (Oaknoll) from
Medium Density Single-Family, RS-8 and Low Density Multi-Family, RM-12 to Planned
Development Overlay, OPDH-20 to allow 43 elder congregate housing units on 2.12
acres of property located north of Benton Street and east of George Street. The Mayor
Pro tem declared the motion carried unanimously, 6/0, Lehman absent. Mayor Lehman
returned to the meeting and now presiding.
Moved by Pfab, seconded by Champion, to set a public hearing for July 16 on an
ordinance amending an OPDH-12 plan for Silvercrest to allow four 4-unit townhouse
style buildings and four 24-unit independent living buildings for elderly residents. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Vanderhoef, to set a public hearing for July
16 on an ordinance changing the zoning designation from Medium Density Single
Family Residential, RS-8, to Planned Development Housing Overlay, OPDH-8, for
Windsor Ridge, Part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road
and south of Lower West Branch Road. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by O'Donnell, to set a public hearing for July 16
on an ordinance changing the zoning designation from Low Density Single Family, RS-
5, to Planned Development Housing Overlay, OPDH-5, to allow 23 single-family lots
and 13 townhouse-style units in Village Green, Part XXII, a 9.31-acre 24-1ot residential
subdivision located west of Scott Boulevard and north of Wellington Drive. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Champion, to set a motion setting a public
hearing for July 16 on an ordinance vacating 32,526 square feet of frontage road right-
of-way along the front of the property at (Carousel Motors) 801 Highway 1 West. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on an ordinance changing the zoning designation from
Neighborhood Conservation, RNC-20, to Sensitive Areas Overlay-Neighborhood
Conservation, SAO-RNC-20, for a 0.41-acre property located at 341 N. Riverside Drive.
PCD Director Franklin present for discussion. The following individuals appeared: Betsy
Boyd, 508 River St.; John Shaw, 437 S. Summit, architect for the project; Gary
Klinefelter, 1131 E. Washington, Project Manager; Atty. Bill Prowell, representing
neighbor Casey Mahon; Cindy Parsons, co-owner of the project; Bernard Sorofman,
403 Beldon Ave.; Evelyn Acosta Weirich, 630 W. Park Rd.; Susan Frye, 816 River St.
Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Marty
Sutcliffe and Chris Jensen. The Mayor declared the motion carried, 7/0, all Council
Members present.
Complete Description
July 2, 2002
Page 5
Moved by Champion, seconded by O'Donnell, to defer to July 16, an ordinance
amending the Sensitive Areas Ordinance to regulate isolated wetlands. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present. Moved by
O'Donnell, seconded by Vanderhoef, to accept correspondence from Dan Smith, Becky
Soglin, Lori Goetsch. The Mayor declared the motion carried, 7/0, all Council Members
present.
Moved by O'Donnell, seconded by Vanderhoef, that the ordinance changing the
zoning designation from Low Density Multi-Family Residential, RM-12, to Sensitive
Areas Overlay-Low Density Multi-Family Residential, SAO-RM-12, for Lot 2 of First and
Rochester subdivision, Par[ 1, a 38,041 square-foot property located west of First
Avenue, north of Rochester Street, be given first vote. The Mayor declared the motion
carried, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn,
Champion, Lehman, O'Donnell. Nays: Kanner. Pfab. Absent: None.
Moved by Champion, seconded by Wilburn, that ORD. 02-4022, Bk. 45, p. 30,
AMENDING TITLE 14, CHAPTER 6, ARTICLE K, FLOOD PLAIN MANAGEMENT
ORDINANCE TO AMEND DEFINITION OF LOWEST FLOOR; AND DEFINITION OF
SUBSTANTIAL DAMAGE; AMEND APPLICATION AND INTERPRETATION OF
PROVISIONS; AMEND FLOOD PLAIN MANAGEMENT STANDARDS, be passed and
adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of
roll call vote: Ayes: Wilbum, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays:
Kanner. Absent: None.
Moved by Vanderhoef, seconded by O'Donnell, to defer indefinitely, a resolution
approving an amended preliminary plat and a final plat of Wild Prairie Estates, Part 4, a
35.86-acre, 23-1ot residential subdivision located north of Goldenrod Drive and west of
Duck Creek Drive. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-236, Bk. 128,
p. 236, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF LACINA
MEADOWS, JOHNSON COUNTY, IOWA. PCD Director Franklin present for
discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-237, Bk. 128,
p. 237, APPROVING PRELIMINARY AND FINAL PLAT OF HIGHLANDER
DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Council Member Wilburn left the meeting due to a conflict of interest. A public
hearing was held on a resolution approving amendments to the FY02 and FY03 Annual
Action Plan budgets, that are sub-parts of Iowa City's 2001-2006 Consolidated Plan
(City Steps) as amended, authorizing the City Manager to submit said amendments a~d
all necessary documents to the U.S. Department of Housing and Urban Development,
and designating the City Manager as the authorized chief executive officer for the
consolidated plan. PCD Director Franklin and Community & Economic Development
Planner Long present for discussion. The following individuals appeared: Jeanne
Kelsey, Metro Plains Development; Zeke Palnick, 833 Longfellow Place; Marianne
Wilkening, 812 Longfellow Ct.; and Bob Burns, 319 E. Washington St. Moved by
Vanderhoef, seconded by Champion, to continue public hearing to July 16. The Mayor
declared the motion carried, 6~0, Wilburn absent. Moved by O'Donnell, seconded by
Champion, to accept correspondence from Jeanne Kelsey, Catherine Shaw, Margaret
Teraberry Halverson, and Marianne Wilkening, and Bob Burns. The Mayor declared the
Complete Description
July 2, 2002
Page 6
motion carried unanimously, 6/0, Wilburn absent. Council Member Wilburn returned to
the meeting.
A public hearing was held on an ordinance amending Section 14, Chapter 5,
Article A, Building Code, by adopting the International Building Code, 2000 Edition, and
the International Residential Building Code, including Appendix F Radon Control
Methods, 2000 Edition, published in cooperation with the International Conference of
Building Officials, Building Officials and Code Administrators International, Inc., and the
Southern Building Code Congress International, Inc., and providing for certain
amendments thereof; to provide for the protection of the health, welfare, and safety of
the citizens of Iowa City, Iowa. Dan Smith, Greater Iowa City Home Builders
Association, appeared. Sr. Bldg. Inspector Hennes present for discussion. 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.
A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire
Prevention and Protection, adopting the 2000 Edition of the International Fire Code,
regulating and governing the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of
building and premises in the City of Iowa City; providing for the issuance of permits for
hazardous uses or operations; repealing Ordinance No. 99-3869 of the Iowa City Code
and all other ordinances and parts of the ordinances in conflict therewith. Fire Marshall
Jensen present for discussion. No one appeared.
A public hearing was held on an ordinance amending Title 14, Chapter 5, Article
B, of the Iowa City Code of Ordinances, by adopting the 2000 Edition of the Uniform
Plumbing Code, with certain amendments, to regulate the practice, materials and
fixtures used in the installation, maintenance, extension and alteration of all piping,
fixtures, appliances and appurtenances in connection with various plumbing systems, to
provide for the issuance of permits and inspection of plumbing installations and the
collection of fees, and to provide penalties for violations. No one appeared.
A public hearing was held on an ordinance amending Section 14, Chapter 5,
Article D, Mechanical Code, by adopting the 2000 Edition of the International
Mechanical Code published by the International Code Council, and providing for certain
amendments thereof; to provide for the protection of the health, welfare and safety of
the citizens of Iowa City, Iowa. No one appeared.
A public hearing was held on an ordinance amending Title 14, Entitled "Unified
Development Code," Chapter 5, entitled "Building and Housing," by adding a new
Article I entitled "Licensing" to establish a centralized procedure for existing licensing
requirements and to establish licensing requirements for the design, installation, and
maintenance of fire sprinklers and for the installation and maintenance of fire alarms.
No one appeared.
A public hearing was held on an ordinance amending City Code Title 14, entitled
"Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a
new article m entitled "Appeals" to establish a uniform procedure for appeals of the
Building, Plumbing, Electrical, Mechanical, and Fire Codes. No one appeared.
A public hearing was held on the City's intent to proceed with and authorizing the
acquisition of property rights for the Mormon Trek Boulevard Extension Project. The
following individuals appeared: John Dane, 4082 Dane Rd. SE; George Dane, 715
Benton Court; and Robert Wolf. Asst. PCD Director Davidson present for discussion.
Moved by Kanner, seconded by Pfab, to continue the public hearing to the first meeting
in September. The Mayor declared the motion defeated, 2/5, with the following show of
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July 2, 2002
Page 7
hands: Ayes: Kanner, Pfab. Nays: Wilburn, Vanderhoef, Lehman, O'Donnell,
Champion. Absent: None. Moved by O'Donnell, seconded by Champion, to accept
correspondence from James Davis, John Dane, and George Dane. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-238, Bk. 128,
p. 238, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING
THE ACQUISITION OF PROPERTY RIGHTS FOR THE MORMON TREK
BOULEVARD EXTENSION PROJECT. Individual Council Members expressed their
views. Asst. PCD Director Davidson present for discussion. Moved by Vanderhoef,
seconded by Kanner, to amend the motion to include diagonal "C" a suggested on the
Dane map instead of the current "B" for the connection of Mormon Trek Road and
Dane Road. The Mayor declared the motion to amend defeated, 3/4, with the following
show of hands: Ayes: Kanner, Vanderhoef, Pfab. Nays: Wilburn, Lehman, O'Donnell,
Champion. The Mayor declared the original resolution adopted, 5/2, with the following
division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman.
Nays: Kanner, Pfab.
Moved by Champion, seconded by Wilbum, that ORD. 02-4023, BK. 45, p. 31,
AMENDING THE CITY CODE TITLE 10, "PUBLIC WAYS," CHAPTER 3,
"COMMERCIAL USE OF SIDEWALKS," SECTION 3, "USE OF SIDEWALK CAFES"
TO ALLOW SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT, be passed
and adopted. The Mayor declared the ordinance adopted, 4/3, with the following
division of roll call vote: Ayes: Pfab, Wilburn, Champion, Kanner. Nays: O'Donnell, '~
Vanderhoef, Lehman. Absent: None.
Moved by O'Donnell, seconded by Vanderhoef, that ORD. 02-4024, Bk. 45, p.
32, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED
EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE LOWER MUSCATINE
ROAD & HIGHWAY 6 URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA
CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF
THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A
SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS,
MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR
TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN
RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. The Mayor
declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes:
Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Pfab, Kanner. Absent:
None.
Moved by Vanderhoef, seconded by Champion, that ORD. 02-4025, Bk. 45, p.
33, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED
EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE INDUSTRIAL PARK
ROAD URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY
OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF
IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY
SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL
FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES
ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE
ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN
RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. The Mayor
declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes:
Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent:
None.
Complete Description
July 2, 2002
Page 8
Moved by Champion, seconded by O'Donnell, that ORD. 02-4026, Bk. 45, p. 34,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE HEINZ ROAD URBAN
RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON,
STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF
IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT
AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT
OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY
SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT
PROJECT, be passed and adopted. The Mayor declared the ordinance adopted, 5/2,
with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman,
O'Donnell, Vanderhoef. Nays: Kanner, Pfab. Absent: None.
Moved by Kanner, seconded by Vanderhoef, to adopt RES. 02-239, Bk. 128, p.
239, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY
FY02 CELL CONSTRUCTION PROJECT to J.B. Holland Const. Co. for $1,111,705.37.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-240, Bk. 128,
p. 240, APPROVING THE ACQUISITION OF PROPERTY FOR THE FIRST AVENUE
CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO "D" STREET.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Council Member Wilburn left the meeting due to a conflict of interest for the next
two items. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-241, Bk.
128, p. 241, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY,
IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE
CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS
($41,011); CRISIS CENTER ($40,600); DOMESTIC VIOLENCE INTERVENTION
PROGRAM ($54,256); EMERGENCY HOUSING PROJECT ($14,000); FREE
MEDICAL CLINIC ($6,584); HAWKEYE AREA COMMUNITY ACTION PROGRAM
($8,635); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($9,350);
MAYOR'S YOUTH EMPLOYMENT PROGRAM ($43,483); MID-EASTERN COUNCIL
ON CHEMICAL ABUSE ($10,500); NEIGHBORHOOD CENTERS OF JOHNSON
COUNTY ($62,856); RAPE VICTIM ADVOCACY PROGRAM ($12,200); AMERICAN
RED CROSS ($5,500); AND UNITED ACTION FOR YOUTH ($41,525). Individual
Council Members expressed their views. Affirmative roll call vote unanimous, 6/0,
Wilburn absent. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-242, Bk. 128,
p. 242, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA,
AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST THE SAME: ELDER SERVICES ($62,063); MID-EASTERN COUNCIL ON
CHEMICAL ABUSE ($19,462); AND UNITED ACTION FOR YOUTH ($23,475).
Individual Council Members expressed their views. The Mayor declared the resolution
adopted, 5/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell,
Vanderhoef, Wilbum, Champion, Kanner. Nays: Pfab. Absent: Wilburn. Council
Member Wilburn returned to the meeting.
Complete Description *Revised 7/15/02
July 2, 2002
Page 9
Moved by O'Donnell, seconded by Vanderhoef to adopt RES. 02-243, Bk. 128,
p. 243, REPEALING A RESOLUTION PASSED JUNE 15, 1965, ESTABLISHING A
PROCEDURE FOR CALLING OFA SPECIAL MEETING AND ADOPTING A NEW
RESOLUTION ESTABLISHING A PROCEDURE FOR CALLING OF A SPECIAL
COUNCIL MEETING. Individual Council Members expressed their views. The Mayor
declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes:
O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Pfab, Kanner.
Moved by Vanderhoef, seconded by O'Donnell, to appoint Nick Klenske, 321 S.
Linn Street, to fill an unexpired term ending January 1,2003 to the Human Rights
Commission; and to appoint Jayne Sandier, 41 Tucson Place and Jerry Anthony, 1125
Hotz Avenue to the Housing and Community Development Commission for two
appointments to fill three-year terms September 1,2002 - September 1, 2005. Moved
by Pfab, seconded by Champion, that the vote be split for the two Board appointments.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, to appoint Nick Klenske to the Human
Rights Commission. The Mayor declared the motion carried, 6/1, Pfab voting "no" and
Kanner abstaining (in accordance with Res. 00-117). Moved by Champion, seconded
by O'Donnell, to appoint Jayne Sandier and Jerry Anthony to three year terms on the
Housing and Community Development Commission. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
The Mayor announced the remaining two vacancies for Housing and Community
Development (one three-year term September 1,2002 - September 1,2005 and one
unexpired term ending September 1,2003) will be readvertised.
Moved by O'Donnell, seconded by Wilburn, to accept appointment Council
Member Champion to the Jail Space & Services Task Force. Individual Council
Members expressed their views. The Mayor declared the motion carried, 5/2, with the
following show of hands: Ayes: Wilburn, O'Donnell, Lehman, Champion, Vanderhoef.
Nays: Kanner, Pfab. Absent: None.
The Mayor noted the current vacancies: Historic Preservation Commission to fill
an unexpired term ending March 29, 2003. Airport Commission to fill an unexpired teri'n
ending March 1, 2004. Applications must be received by 5:00 p.m., Wednesday, August
14, 2002.
The Mayor noted the previously-announced vacancies: Airport Zoning Board of
Adjustment fill an unexpired term ending December 31,2003; Airport Zoning
Commission to fill two unexpired terms, one ending December 31,2003 and the other
ending December 31,2005. Applications must be received by 5:00 p.m., Wednesday,
July 10, 2002.
Council Member O'Donnell wished everyone a Happy 4th of July.
Council Member Vanderhoef noted the correspondence from Linda Dellsperger
regarding a traffic count in Manville Heights, and stated that a count would be done at
the end of the year when students are back in town, and asked staff to respond to the
letter.
Council Member Wilburn encouraged everyone to have a safe and fun 4th of
July; and noted he would see everyone at the Jazz Festival on Sunday after his 20th
class reunion.
Council Member Kanner asked for staff information on a possible invasive
species, the buckthom tree; and asked for an update on discussions with James
Thomas on sidewalk installation on First Avenue. The Mayor stated he had talked with
Mr. Thomas earlier in the day and a letter has been received from his and his attorney
on the matter.
Complete Description
July 2, 2002
Page 9
Moved by O'Donnell, seconded by Vanderhoef to adopt RES. 02-243, Bk. 128,
p. 243, REPEALING A RESOLUTION PASSED JUNE 15, 1965, ESTABLISHING A
~URE FOR CALLING OF A SPECIAL MEETING
ESTABLISHING A PROCEDURE FOR CALLING OF A SPECIAL
r'ING. Individual Council Members expressed their views. The l
declared the adopted, 5/2, with the following division of roll Ayes:
O'Donnell, Vane Wilburn, Champion, Lehman. Nays: Pfab, Kanne
Moved ~rhoef, seconded by O'Donnell, to appoint Nick 321 S.
Linn Street, to fill an )ired term ending January 1,2003 to the H~ Rights
Commission; and to I Jayne Sandier, 41 Tucson Place and 1125
Hotz Avenue to the nd Community Development Corn for two
ap~ ~rms September 1, 2002 - 1, 2005. Moved
by Pfab, seconded by ;plit Board appointments.
The Mayor declared the ed unanimously, 7/0, Members present.
Moved by Vanderhoef, seconded to appo' Klenske to the Human
Rights Commission. The Mayor the motion 6/1, Pfab voting "no" and
Kanner abstaining (in accordance 00-1 by Champion, seconded
by O'Donnell, to appoint Jayne Sandier to three year terms on the
Housing and Community Develol: Mayor declared the motion
carried unanimously, 7/0, all Council
The Mayor announced the remaining 1 Housing and Community
Development (one three-year term Septem - September 1,2005 and one
unexpired term ending September 1,200: be vertised.
Moved by O'Donnell, seconded to Council
Member Champion to the Jail Space ~ Individual Council
Members expressed their views. The ayor declared the
5/2, with the following show of hand Wilburn, ~ell, Lehman, Champion,
Vanderhoef. Nays: Kanner, Pfab None.
The Mayor noted the vacancies: Historic ;ion to fill
an unexpired term ending 2003. Airport Commission fill an unexpired term
ending March 1,2004. Appli¢ must be received by 5:00 Wednesday, August
14, 2002.
The Mayor )reviously-announced vacancies: Airport'~'.oning Board of
Adjustment fill an unexpi, term ending December 31,2003; Airport Zgning
Commission to fill twoy¢ )ired terms, one ending December 31,2003~nd the other
ending December 31/20 Applications must be received by 5:00 p.m., ~Vednesday,
July 10, 2002. /
Council Me,~ber ( ~)nnell wished everyone a Happy 4th of July.
Council IV~mber \ derhoef noted the correspondence from Unda D6(isperger
regarding a tra~c count in Manville Heights, and stated that a count would be ~,one at
the end of th~'year when., tudents are back in town, and asked staff to respond~o the
letter./th
C ,oyn ;il Member Wilburn encouraged everyone to have a safe and fun 4t" d~.
July; an,~,no ed he would see everyone at the Jazz Festival on Sunday after his
class mioll.
oun ;il Member Kanner asked for staff information on a possible invasive
· the buckthorn tree; and asked for an update on discussions with James
sidewalk installation on First Avenue. The Mayor stated he had talkeU with
Thomas earlier in the day and a letter has been received from his and his attorney
the matter.
Complete Description
July 2, 2002
Page 10
Mayor Lehman encouraged citizens to take a minute on the 4th and think about
what the 4th is really all about.
Moved by Vanderhoef, seconded by O'Donnell, to adjourn 10:45 p.m. the Mayor
declared the motion carried unanimously, 7/0, al C.p~cil Members present~
Ernest W. Lehman, Mayor
Man"an 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.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $
OFFICIAL COUNCIL ACTIONS - 6/11/02
Iowa City City Council Special meeting 7:00 p.m. Civic Center. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn. Absent: None.
The Mayor proclaimed: National Home Ownership Month - June 2002. Pride
Month - June 2002, Sara Baird, accepting.
Moved and seconded that the following items and recommendations in the
Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Official Council Actions for regular meeting of May 21, as
published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Board of Appeals: May 6.
Library Board of Trustees: April 25. Planning and Zoning Commission: May 2.
Rules Committee: May 29
Recommendation: Approve the changes as noted in the Board of
Adjustment minutes of April 9 and outlined in the May 9 staff
memorandum attached to Rules Committee May 29 minutes.
Senior Center Commission: April 23. Telecommunications Commission: April
25.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Beer Permit for Tobacco Outlet Plus #539,805 S. First Ave.
Class C Beer Permit for El Paso the Mexican Store, 609 Hollywood Blvd.
Renewals: Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss
St. Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of
Foreign Wars, 609 Highway 6 E. Class C Beer Permit for Tobacco Outlet Plus
#537, 923 S. Riverside Dr. Class C Liquor License for Dave's Foxhead
Tavern, 402 E. Market St. Class C Liquor License for American Legion, Roy L.
Chopek Post #17, 3016 Muscatine Ave. Class C Liquor License for Dublin
Underground, 5 S. Dubuque St. Class C Beer Permit John's Grocery, 401 E.
Market St. Class B Wine Permit for John's Grocery, 401 E. Market St. Class
C Liquor License for Mill Restaurant, 120 E. Burlington St. C~ass B Liquor
License for Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for
Sheraton Iowa City, 210 S. Dubuque St. RES. 02-198, ISSUE DANCING
PERMITS for Mill Restaurant, 120 E. Burlington St. and Sheraton Iowa City,
210 S. Dubuque St. RES. 02-199, TO ISSUE CIGARETTE PERMITS.
Setting Public Hearings. Motions: Set a public hearing for July 2
regarding amendments to the FY02 and FY0$ Annual Action Plan budgets,
that are sub-parts of Iowa City's 2001-2006 Consolidated Plan (City Steps) as
amended, authorizing the City Manager to submit said amendments and all
necessary documents to the U.S. Department of Housing and Urban
Development, and designating the City Manager as the authorized chief
executive officer for the consolidated plan. Set a public hearing for July 2 on
ordinances adopting the 2000 editions of the International Building
Code, International Fire Code, Uniform Plumbing Code, International
Mechanical Code, amending contractor licensing requirements, and amending
the appeals sections of the codes.
Resolutions: RES. 02-200, APPROVING AN AMENDMENT TO THE
PROCEDURAL RULES OF THE IOWA CITY BOARD OF ADJUSTMENT.
Official Actions
June 11,2002
Page 2
RES. 02-201, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF
PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, DEAN
CAKES, AND KLDP, iNC., D/B/A ONE TWENTY SIX FOR A SIDEWALK
CAFE. RES. 02-202, NAMING DEPOSITORIES. RES. 02-203,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE AND A
MORTGAGE FOR THE PROPERTY LOCATED AT 15 NORTH LUCAS
STREET, IOWA CITY, IOWA. RES. 02-204, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1702
CALIFORNIA AVENUE, IOWA CITY, IOWA. RES. 02-205, ACCEPTING THE
WORK FOR THE LONGFELLOW/TWAIN PEDESTRIAN TUNNEL
PROJECT. RES. 02-206, ACCEPTING THE WORK FOR THE JOHNSON
STREET SANITARY SEWER PROJECT. RES. 02-207, AMENDING THE.
FY2003-2006 CAPITAL IMPROVEMENT PROJECT PLAN TO PROVIDE
FINANCING FOR THE PENINSULA AFFORDABLE HOUSING PROJECT.
Correspondence: Maryann Dennis (Greater Iowa City Housing
Fellowship) regarding Payment in lieu of Property Tax. Jane Stewart
regarding Scott Blvd and Highway 6 Intersection [staff response included].
HaaJar Johnson regarding Free Land [staff response included]. Marcus
Denniston regarding Youth in Iowa City. Carol Spaziani and Saul Mekies
regarding Public Power. Karen Kubby regarding ADA Celebration. Anthony
Brunt regarding Drinking. Stephanie Schallau regarding Underage Drinking.
Laura Struve regarding Underage Drinking. Geoff Johnson regarding City
Code - Lizards and Snakes. David Kelly regarding Center for Community and
Business Development. Casey Mahon regarding Petition for Traffic Calming in
Eastern Manville Heights [50 signatures], Petition to Install Speed Humps and
Stop Signs on Grove Street [35 signatures] [Staff response included]. Orlando
Dial (Bethel A.M.E. Church) regarding Block Grants [City Manager response
included]. JCCOG Traffic Engineering Planner: Installation of Two Speed
Limit Signs on Ruppert Road. Previously distributed in information packet of
5/23: Nancy Purington regarding Arts Iowa City/Englert Civic Theatre joint
venture kick-off. Eve Casserly regarding June forums on senior issues.
The Mayor repeated the public hearings as set. The Mayor declared the motion
carried.
Rick Mascari, Airport Commission, updated Council on activities at the airport.
Betty Kelly, Senior Center Commission, updated Council on activities at the Center.
James Thomas, 131 N. First Avenue, raised concerns regarding the auto storage
ordinance.
Moved and seconded to set a public hearing for July 2 on an ordinance
changing the zoning designation from Neighborhood Conservation, RNC-20, to
Sensitive Areas Overlay-Neighborhood Conservation, OSA/RNC-20 for 0.41 acres of.
property located at 341 North Riverside Drive. The Mayor declared the motion
carried.
A public hearing was held on an ordinance amending the Sensitive Areas
Ordinance to regulate isolated wetlands. The following individuals appeared: Rob
Phipps, Greater Iowa City Home Builders Association; Dan Smith, Director of
Government Affairs, Greater Iowa City Home Builders Association; Becky Soglin and
Julie Tallman, 1644 Morningside Dr., Iowa Wetlands in Need. Moved and seconded
Officiai Actions
June 11,2002
Page 3
to accept correspondence from: Kevin Hochstedler, Greater Iowa City Home Builders
Association (2); Amy Bouska, Environmental Specialist, Johnson County Soil &
Water Conservation District; Donna Jones, U.S. Army Corps of Engineers. The
Mayor declared the motion carried.
A public hearing was held on an ordinance changing the zoning designation
from Low Density Multi-Family Residential, RM-12, to Sensitive Areas Overlay-Low
Density Multi-Family Residential, SAO-RM-12, for Lot 2 of First and Rochester
subdivision, Part 1, a 38,041 square-foot property located west of First Avenue, north
of Rochester Street.
Moved and seconded that the 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), be given second vote. The
Mayor declared the motion carried.
A public hearing was held on a resolution approving a purchase agreement
with United Action for Youth for condominium Unit 1-C in Tower Place and parking
and the disposition of said property in accordance therewith. United Action for Youth
Board Member Lars Anderson, 45 Heron Circle, appeared.
A public hearing was held on the City's intent to proceed with and authorizing
the acquisition of property rights for the Dane Road sanitary sewer project.
Moved and seconded to adopt RES. 02-208, DECLARING THE CITY'S
INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF
PROPERTY RIGHTS FOR THE DANE ROAD TRUNK SANITARY SEWER
PROJECT.
Moved and seconded to adopt RES. 02-209, APPROVING A PURCHASE
AGREEMENT WITH UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT I-C
IN TOWER PLACE AND PARKING AND THE DISPOSIITON OF SAID PROPERTY
IN ACCORDANCE THEREWITH.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the City of Iowa City Fire Station 3 Addition and
Renovation 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. 02-210, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE CITY OF IOWA CITY FIRE STATION 3 ADDITION AND
RENOVATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the Iowa City Landfill FY02 Cell Construction
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. 02-211, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY LANDFILL FY02 CELL CONSTRUCTION
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Official Actions
June 11, 2002
Page 4
A hearing on a $300.00 civil penalty against the Old Market Place, 1963
Broadway Street, pursuant to Iowa Code Section 453A.22(2). Asst. Johnson County
Atty. Andy Chappell appeared.
Moved and seconded to adopt RES. 02-212, ASSESSING $300.00 CIVIL
PENALTY AGAINST THE OLD MARKET PLACE.
A hearing was held on a $300.00 civil penalty against the Sanctuary
Restaurant & Pub, 405 S. Gilbert Street, pursuant to Iowa Code Section 453A.22(2).
Asst. Johnson County Atty. Andy Chappell and owner Daryl Woodson, 302 Kimball
Rd., appeared.
Moved and seconded to adopt RES. 02-213, ASSESSING A $300.00 CIVIL
PENALTY AGAINST THE SANCTUARY RESTAURANT & PUB.
Moved and seconded that the ordinance amending the City Code Title 10,
"Public Ways," Chapter 3, "Commercial Use of Sidewalks," Section 3, "Use of
Sidewalk Cafes" to allow sidewalk cafes to operate until 12:00 midnight, be given
second vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance providing that general property taxes
levied and collected each year on all property located within the Lower Muscatine
Road & Highway 6 Urban Renewal project area, in the City of Iowa City, County of
Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City,
County of Johnson, Iowa City Community School District and other taxing districts,
be paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred by
said city in connection with said urban renewal redevelopment project, be given
second vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance providing that general property taxes
levied and collected each year on all property located within the Industrial Park Road
Urban Renewal project area, in the City of Iowa City, County of Johnson, State of
Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of
Johnson, Iowa City Community School District and other taxing districts, be paid to a
special fund for payment of principal and interest on loans, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by said city in
connection with said urban renewal redevelopment project, be given second vote.
The Mayor declared the motion carried.
Moved and seconded that the ordinance providing that general property taxes
levied and collected each year on all property located within the Heinz Road Urban
Renewal Project Area, in the City of Iowa City, County of Johnson, State of Iowa, by
and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa
City Community School District and other taxing districts, be paid to a special fund
for payment of principal and interest on loans, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by said city in
connection with said urban renewal redevelopment project, be given second vote.
The City Clerk noted a revision in the legal description distributed that evening at the
request of the City's bonding attorney. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 02-214, (1) APPROVING THE MINIMUM
DEVELOPMENT REQUIREMENTS, COMPETITIVE CRITERIA, AND
PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN
THE IOWA CITY URBAN RENEWAL AREA; (2) DETERMINING THAT THE
PROPOSAL SUBMITTED BY THE PLAZA TOWERS L.L.C. SATISFIES THE
OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO
ENTER INTO AN AGREEMENT FOR THE IMPROVEMENT AND SALE OF LAND
Official Actions
June 11,2002
Page 5
FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY,
IOWA AND THE PLAZA TOWERS L.L.C. IN THE EVENT THAT NO COMPETING
PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING
PROPOSALS. The following individuals appeared: Ed McClement; Colin Gordon,
1122 Rochester; Steve Barnhart; Daryl Woodson, 302 Kimball Rd.; Bob Welsh, 84
Penfro Dr.; and Christy Canganelli. Moved and seconded to call the question. The
Mayor declared the motion calling the question carried.
Moved and seconded to adopt RES. 02-215, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR THE
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER THE MOEN GROUP, AND MONDO'S OF IOWA CITY, INC.
d/b/a MONDO'S DOWNTOWN, FOR A SIDEWALK CAFE.
Moved and seconded to adopt RES. 02-216, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR THE
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, HELEN AND WILLIAM BYINGTON, AND LITTLE DONKEYS INC., d/b/a '-
PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE.
Moved and seconded to adopt RES. 02-217, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE NORTHSlDE MARKETPLACE
STREETSCAPE PROJECT.
Moved and seconded to adopt RES. 02-218, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL
GREENSPACE LANDSCAPE AND TRAIL PROJECT.
The Mayor noted the resolution authorizing the Mayor to sign and the City
Clerk to attest an agreement between MMS Consultants, Inc. of Iowa City, Iowa and
the City of Iowa City for consulting services during construction of the South
Sycamore regional Greenspace Landscape and Trail Project, be pulled at staffs
request, and no action be taken.
Moved and seconded to adopt RES. 02-219, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 1 AND SUNSET STREET
INTERSECTION IMPROVEMENTS PROJECT.
Moved and seconded to adopt RES. 02-220, APPROVING, AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND AERIAL
SERVICES INC. OF CEDAR FALLS, IOWA, TO PROVIDE CONSULTANT
SERVICES FOR PROCESSING OF AERIAL PHOTOGRAPHY TO PRODUCE
DIGITAL MAPPING.
Moved and seconded to adopt RES. 02-221, AUTHORIZING THE
ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION
OF THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C-52.
The Mayor noted no applications had been received for the two vacancies on
the Airport Zoning Commission to fill unexpired terms ending December 31,2005
and the one vacancy to fill an unexpired term ending December 31, 2003 on the
Airport Zoning Board of Adjustment, and all three would be readver[ised.
Moved and seconded to defer indefinitely the Historic Preservation
Commission appointment (Moffitt Cottage District Representative) to fill a three-year
term March 29, 2002 - March 29, 2005. Staff memorandum requesting indefinite
Official Actions
June 1'1, 2002
Page 6
deferral included in Council packet; and accepted the recommendations of the Deer
Task Force to appoint Karime Reveiz (biologist/scientist) and Mark Sandier (hunter)
for terms ending March 15, 2004 to the Deer Task Force. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
The Mayor noted the previously announced vacancies: Human Rights
Commission - One vacancy to fill an unexpired term ending January 1, 2003;
Housing and Community Development Commission - Three vacancies to fill three-
year terms. September 1, 2002 - September 1, 2005. and one vacancy to fill an
unexpired term ending September 1,2003. Applications must be received by 5:00
p.m., Wednesday, June 26.
Moved and seconded to adjourn 10:25 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/Mar_~n K. Ka~rr, CityClerF . ~
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
JUNE 11,2002
Iowa City City Council Special meeting 7:00 p.m. Civic Center. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes,
Karr, Boothroy, Franklin, Fowler, O'Brien, Tallman, O'Malley, Scott, Fosse, Lower.
Council minutes tape record on Tapes 02-54 and 02-55, Both Sides.
The Mayor proclaimed: National Home Ownership Month - June 2002. Pride
Month - June 2002, Sara Baird, accepting.
Moved by Champion, seconded by Vanderhoef, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted
as amended:
Approval of Official Council Actions for regular meeting o¢ May 21, as
published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Board of Appeals: May 6.
Library Board of Trustees: April 25. Planning and Zoning Commission: May 2.
Rules Committee: May 29
Recommendation: Approve the changes as noted in the Board o[
Adjustment minutes of April 9 and outlined in the May 9 staff
memorandum attached to Rules Committee May 29 minutes.
Senior Center Commission: April 23. Telecommunications Commission: April
25.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #539,
805 S. First Ave. Class C Beer Permit for Antonio Pacheco dba El Paso the
Mexican Store, 609 Hollywood Blvd. Renewals: Class C Liquor License for
Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St.
Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign
Wars dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609
Highway 6 E. Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet
Plus #537, 923 S. Riverside Dr. Class C Liquor License for David L.
Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St. Class C Liquor
License for American Legion, Roy L. Chopek Post #17 dba American Legion,
Roy L. Chopek Post #17, 3016 Muscatine Ave. Class C Liquor License for
Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St. Class C
Beer Permit for John's Grocery, Inc., dba John's Grocery, 401 E. Market St.
Class B Wine Permit for John's Grocery, Inc., dba John's Grocery, 401 E.
Market St. Class C Liquor License for Keith W. Dempster dba Mill Restaurant,
120 E. Burlington St. Class B Liquor License for MIP Lessee, L.P., dba
Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for MIP
Lessee, L.P., dba Sheraton Iowa City, 210 S. Dubuque St. RES. 02-198, Bk.
127, p. 198, ISSUE DANCING PERMITS for Keith W. Dempster dba Mill
Restaurant, 120 E. Burlington St. and MIP Lessee, L.P., dba Sheraton Iowa
City, 210 S. Dubuque St. RES. 02-199, Bk. 127, p. 199, TO ISSUE
CIGARETTE PERMITS.
Setting Public Hearings. Motions: Set a public hearing for July 2
regarding amendments to the FY02 and FY03 Annual Action Plan budgets,
that are sub-parts of Iowa City's 2001-2006 Consolidated Plan (City Steps) as
amended, authorizing the City Manager to submit said amendments and all
necessary documents to the U.S. Department of Housing and Urban
Complete Description
June 11,2002
Page 2
Development, and designating the City Manager as the authorized chief
executive officer for the consolidated plan. Set a public hearing for July 2 on
ordinances adopting the 2000 editions of the International Building
Code, International Fire Code, Uniform Plumbing Code, International
Mechanical Code, amending contractor licensing requirements, and amending
the appeals sections of the codes.
Resolutions, Bk. 127: RES. 02-200, p. 200, APPROVING AN
AMENDMENT TO THE PROCEDURAL RULES OF THE IOWA CITY BOARD
OF ADJUSTMENT. RES. 02-201, p. 201, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR
THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY
OF IOWA CITY, DEAN OAKES, AND KLDP, INC., D/B/A ONE TWENTY
SIX FOR A SIDEWALK CAFI~. RES. 02-202, p. 202, NAMING
DEPOSITORIES. RES. 02-203, p. 203, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR THE
PROPERTY LOCATED AT 15 NORTH LUCAS STREET, IOWA CITY, IOWA.
RES. 02-204, p. 204, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 1702 CALIFORNIA
AVENUE, IOWA CITY, IOWA. RES. 02-205, p. 205, ACCEPTING THE
WORK FOR THE LONGFELLOW/TWAIN PEDESTRIAN TUNNEL
PROJECT. RES. 02-206, p. 206, ACCEPTING THE WORK FOR THE
JOHNSON STREET SANITARY SEWER PROJECT. RES. 02-207, p. 207,
AMENDING THE FY2003-2006 CAPITAL IMPROVEMENT PROJECT PLAN
TO PROVIDE FINANCING FOR THE PENINSULA AFFORDABLE HOUSING
PROJECT.
Correspondence: Maryann Dennis (Greater Iowa City Housing
Fellowship) regarding Payment in lieu of Property Tax. Jane Stewart
regarding Scott Blvd and Highway 6 Intersection [staff response included].
HaaJar Johnson regarding Free Land [staff response included]. Marcus
Denniston regarding Youth in Iowa City. Carol Spaziani and Saul Mekies
regarding Public Power. Karen Kubby regarding ADA Celebration. Anthony
Brunt regarding Drinking. Stephanie Schallau regarding Underage Drinking.
Laura Struve regarding Underage Drinking. Geoff Johnson regarding City
Code - Lizards and Snakes. David Kelly regarding Center for Community and
Business Development. Casey Mahon regarding Petition for Traffic Calming in
Eastern Manville Heights [50 signatures], Petition to Install Speed Humps and
Stop Signs on Grove Street [35 signatures] [Staff response included]. Orlando
Dial (Bethel A.M.E. Church) regarding Block Grants [City Manager response
included]. JCCOG Traffic Engineering Planner: Installation of Two Speed
Limit Signs on Ruppert Road. Previously distributed in information packet of
5/23: Nancy Purington regarding Arts Iowa City/Englert Civic Theatre joint
venture kick-off. Eve Casserly regarding June forums on senior issues.
The Mayor repeated the public hearings as set. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried.
Rick Mascari, Airport Commission, updated Council on activities at the airport.
Betty Kelly, Senior Center Commission, updated Council on activities at the Center.
James Thomas, 131 N. First Avenue, raised concerns regarding the auto storage
ordinance.
Complete Description
June 11,2002
Page 3
Moved by Vanderhoef, seconded by O'Donnell, set a public hearing for July 2
on an ordinance changing the zoning designation from Neighborhood Conservation,
RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation, OSA/RNC-20 for
0.41 acres of property located at 341 North Riverside Drive. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on an ordinance amending the Sensitive Areas
Ordinance to regulate isolated wetlands. The following individuals appeared: Rob
Phipps, Greater Iowa City Home Builders Association; Dan Smith, Director of
Government Affairs, Greater Iowa City Home Builders Association; Becky Soglin and
Julie Tallman, 1644 Morningside Dr., Iowa Wetlands in Need. Council Member
Kanner distributed a copy of an amendment he would be proposing when the
ordinance was considered at a future meeting. PCD Director Franklin present for
discussion. Moved by O'Donnell, seconded by Vanderhoef, to accept
correspondence from: Kevin Hochstedler, Greater Iowa City Home Builders
Association (2); Amy Bouska, Environmental Specialist, Johnson County Soil &
Water Conservation District; Donna Jones, U.S. Army Corps of Engineers. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
After discussion a majority of Council indicated their lack of support for the present
ordinance and requested a meeting with the Planning and Zoning Commission in
accordance with a resolution setting forth procedure when Council and P&Z
disagreed. Council agreed to provide specific questions prior to the joint meeting.
A public hearing was held on an ordinance changing the zoning designation
from Low Density Multi-Family Residential, RM-12, to Sensitive Areas Overlay-Low
Density Multi-Family Residential, SAO-RM-12, for Lot 2 of First and Rochester
subdivision, Part 1, a 38,041 square-foot property located west of First Avenue, north
of Rochester Street. No one appeared.
Moved by Vanderhoef, seconded by Champion, that the 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), be given second vote. The Mayor declared the motion carried, 6/1, with the
following division of roll call vote. Ayes: Wiiburn, Champion, Lehman, O'Donnell,
Pfab, Vanderhoef. Nays: Kanner. Absent: None.
A public hearing was held on a resolution approving a purchase agreement
with United Action for Youth for condominium Unit 1-C in Tower Place and parking
and the disposition of said property in accordance therewith. United Action for Youth
Board Member Lars Anderson, 45 Heron Circle, appeared.
A public hearing was held on the City's intent to proceed with and authorizing
the acquisition of property rights for the Dane Road sanitary sewer project. No one
appeared.
Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-208, Bk. 127,
p. 208, DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE DANE
ROAD TRUNK SANITARY SEWER PROJECT. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
The City Atty. stated that normally after the close of the public hearing there is
a vote on the resolution approving the purchase agreement, noting the item was
sufficiently noticed and asked Council to proceed with consideration of the resolution.
Moved by O'Donnell, seconded by Wilburn, to adopt RES. 02-209, Bk. 127. p. 207,
APPROVING A PURCHASE AGREEMENT WITH UNITED ACTION FOR YOUTH
Complete Description
June 11,2002
Page 4
FOR CONDOMINIUM UNIT I-C IN TOWER PLACE AND PARKING AND THE
DISPOSlITON OF SAID PROPERTY IN ACCORDANCE THEREWITH. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the City of Iowa City Fire Station 3 Addition and
Renovation 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. 02-210, Bk 127, p.
210, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY OF IOWA CITY
FIRE STATION 3 ADDITION AND RENOVATION PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the Iowa City Landfill FY02 Cell Construction
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 Champion, seconded by Pfab, to adopt RES. 02-211, Bk. 127, p.
211, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL
FY02 CELL CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
A hearing on a $300.00 civil penalty against the Old Market Place, 1963
Broadway Street, pursuant to Iowa Code Section 453A.22(2). Asst. Johnson County
Atty. Andy Chappell appeared.
Moved by O'Donnell, seconded by Champion, to adopt RES. 02-212, Bk.
127, p. 212, ASSESSING $300.00 CIVIL PENALTY AGAINST THE OLD MARKET
PLACE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
A hearing was held on a $300.00 civil penalty against the Sanctuary
Restaurant & Pub, 405 S. Gilbert Street, pursuant to Iowa Code Section 453A.22(2).
Asst. Johnson County Atty. Andy Chappell and owner Daryl Woodson, 302 Kimball
Rd., appeared.
Moved by Pfab, seconded by O'Donnell, to adopt RES. 02-213, Bk. 127, p.
213, ASSESSING A $300.00 CIVIL PENALTY AGAINST THE SANCTUARY
RESTAURANT & PUB. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Pfab, that the ordinance amending the City
Code Title 10, "Public Ways," Chapter 3, "Commercial Use of Sidewalks," Section 3,
"Use of Sidewalk Cafes" to allow sidewalk cafes to operate until 12:00 midnight, be
given second vote. The Mayor declared the motion carried, 4/3, with the following
Complete Description
June 11,2002
Page 5
division of roll call vote. Ayes: Wilburn, Champion, Kanner, Pfab. Nays: Lehman,
Vanderhoef, O'Donnell. Absent: None.
Moved by Vanderhoef, seconded by O'Donnell, that the ordinance providing
that general property taxes levied and collected each year on all property located
within the Lower Muscatine Road & Highway 6 Urban Renewal project area, in the
City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the
State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School
District and other taxing districts, be paid to a special fund for payment of principal
and interest on loans, monies advanced to and indebtedness, including bonds
issued or to be issued, incurred by said city in connection with said urban renewal
redevelopment project, be given second vote. The Mayor declared the motion
carried, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman,
O'Donnell, Vanderhoef, Wilburn. Nays: Nays: Kanner, Pfab. Absent: None.
Moved by Champion, seconded by Vanderhoef, that the ordinance providing
that general property taxes levied and collected each year on all property located
within the Industrial Park Road Urban Renewal project area, in the City of Iowa City,
County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of
Iowa City, County of Johnson, Iowa City Community School District and other taxing
districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said city in connection with said urban renewal redevelopment project, be
given second vote. The Mayor declared the motion carried, 5/2, with the following
division of roll call vote. Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays:
Kanner, Pfab. Absent: None.
Moved by Champion, seconded by O'Donnell, that the ordinance providing
that general property taxes levied and collected each year on all property located
within the Heinz Road Urban Renewal Project Area, in the City of Iowa City, County
of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa
City, County of Johnson, Iowa City Community School District and other taxing
districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said city in connection with said urban renewal redevelopment project, be
given second vote. The City Clerk noted a revision in the legal description distributed
that evening at the request of the City's bonding attorney. The Mayor declared the
motion carried, 5/2, with the following division of roll call vote. Ayes: O'Donnell,
Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner, Pfab. Absent: None.
Moved by O'Donnell, seconded by Champion, to adopt RES. 02-214, Bk. 127,
p. 214, (1) APPROVING THE MINIMUM DEVELOPMENT REQUIREMENTS,
COMPETITIVE CRITERIA, AND PROCEDURES FOR DISPOSITION OF CERTAIN
PROPERTY LOCATED WITHIN THE IOWA CITY URBAN RENEWAL AREA; (2)
DETERMINING THAT THE PROPOSAL SUBMITTED BY THE PLAZA TOWERS
L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE
INTENT OF THE CITY TO ENTER INTO AN AGREEMENT FOR THE
IMPROVEMENT AND SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND
BETWEEN THE CITY OF IOWA CITY, IOWA AND THE PLAZA TOWERS L.L.C. IN
THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3)
SOLICITING COMPETING PROPOSALS. The following individuals appeared: Ed
McClement; Colin Gordon, 1122 Rochester; Steve Barnhart; Daryl Woodson, 302
Kimball Rd.; Bob Welsh, 84 Penfro Dr.; and Christy Canganelli. PCD Director
Franklin present for discussion. Moved by Pfab, seconded by Kanner, to amend the
Complete Description
June 11,2002
Page 6
sale price for the land to $1.5 million. Individual Council Members expressed their
views. The Mayor declared the motion defeated, 2/5, with the following division of
show of hands: Ayes: Kanner, Pfab. Nays: Wilburn, Vanderhoef, Lehman,
O'Donnell, Champion. Absent: None. Moved by Kanner, seconded by Pfab, to
amend to exclude TIF increment financing for the project. Individual Council
Members expressed their views. The Mayor declared the motion defeated, 2/5, with
the following division of show of hands: Ayes: Kanner, Pfab. Nays: Wilburn,
Vanderhoef, Lehman, O'Donnell, Champion. Absent: None. Moved by Vanderhoef,
seconded by Pfab, to amend that liquidated damages of $500,000 be placed on the
convention conference space. Individual Council Members expressed their views.
PCD Director Franklin present for discussion. The Mayor declared the motion
defeated, 3/4, with the following show of hands: Ayes: Kanner, Vanderhoef, Pfab.
Nays: Champion, O'Donnell, Lehman, Wilburn. Absent: None. Moved by Pfab to
amend the contract that $2 million be used for an early childhood education center.
The Mayor stated the motion was not appropriate to the discussion. Moved by
Kanner, seconded by Pfab, to amend that 10% of the housing be affordable for
people up to 50% of median income. Individual Council Members expressed their
views. The Mayor declared the motion defeated, 2/5, with the following division of
show of hands: Ayes: Kanner, Pfab. Nays: Wilburn, Vanderhoef, Lehman,
O'Donnell, Champion. Absent: None. Moved by Pfab, seconded by Kanner, to
amend by building in a penalty to losing the grocery store before 20 years, starting
with a $2 million penalty and the penalty being reduced 5% every year over 20 years.
Individual Council Members expressed their views. The Mayor declared the motion
defeated, 2/5, with the following division of show of hands: Ayes: Kanner, Pfab.
Nays: Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Absent: None. Moved
by Kanner, seconded by Pfab, to amend by including a schedule of penalties over 20
years of the TIF life for losing the conference meeting space starting at $1.5 million
and going down in penalty 5% every year until it would reach zero at the end of 20
years. Individual Council Members expressed their views. The Mayor declared the
motion defeated, 2/5, with the following division of show of hands: Ayes: Kanner,
Pfab. Nays: Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Absent: None.
Moved by Vanderhoef, seconded by Pfab, to amend the contract that designed
commercial properties in this proposal remain commercial properties over the life of
the bonds. Individual Council Members expressed their views. The Mayor declared
the motion defeated, 3/4, with the following show of hands: Ayes: Kanner,
Vanderhoef, Pfab. Nays: Champion, O'Donnell, Lehman, Wilbum. Absent: None.
Moved by Pfab, seconded by Kanner, to have a penalty if we lose the hotel space
starting out with liquidating damages of $1 million reduced at 5% over a 20 year
period. Individual Council Members expressed their views. The Mayor declared the
motion defeated, 2/5, with the following division of show of hands: Ayes: Kanner,
Pfab. Nays: Wilbum, Vanderhoef, Lehman, O'Donnell, Champion. Absent: None.
Moved by Kanner, seconded by Pfab, to amend that if Marc Moen and his partner
and company sell the property/land that he will pay the City the assessed value of
the land at the time of the sale in the future minus the cost that he paid for it today.
Individual Council Members expressed their views. The Mayor declared the motion
defeated, 2/5, with the following division of show of hands: Ayes: Kanner, Pfab.
Nays: Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Absent: None. Moved
by Kanner, seconded by Pfab, to amend that Marc Moen and his company pay the
site survey which the City is obligated to pay. Individual Council Members expressed ·
their views. The Mayor declared the motion defeated, 2/5, with the following division
Complete Description
June 11,2002
Page 7
of show of hands: Ayes: Kanner, Pfab. Nays: Wilburn, Vanderhoef, Lehman,
O'Donnell, Champion. Absent: None. Finance Director O'Malley present for
discussion. Moved by Vanderhoef, seconded by Pfab, to defer and send back to staff
to consider the renegotiations on the minimum assessment to cover an eventuality a
change in interest rate in March 2005. Individual Council Members expressed their
views. The Mayor declared the motion defeated, 3/4, with the following show of
hands: Ayes: Kanner, Vanderhoef, Pfab. Nays: Champion, O'Donnell, Lehman,
Wilburn. Absent: None. Individual Council Members expressed their views. Moved
by Champion, seconded by O'Donnell, to call the question. The Mayor declared the
motion calling the question carried, 6/1, with the following show of hands: Ayes:
Kanner, Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Nays: Pfab. Absent:
None. The Mayor declared the resolution adopted, 4/3, with the following division of
roll call vote. Ayes: Wilbum, Champion, Lehman, O'Donnell. Nays: Pfab,
Vanderhoef, Kanner. Absent: None.
Moved by Champion, seconded by Kanner, to adopt RES. 02-215, Bk. 127, p.
215, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-
WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THE MOEN GROUP,
AND MONDO'S OF IOWA CITY, INC. d/b/a MONDO'S DOWNTOWN, FOR A
SIDEWALK CAFI~, Affirmative roll call vote unanimous, 6/0, Wilburn absent. The
Mayor declared the resolution adopted.
Moved by Pfab, seconded by O'Donnell, to adopt RES. 02-216, Bk. 127, p.
216, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-
WAY BETWEEN THE CITY OF IOWA CITY, HELEN AND WILLIAM BYINGTON,
AND LITTLE DONKEYS INC., d/b/a PANCHERO'S MEXICAN GRILL, FOR A
SIDEWALK CAFI~. Individual Council Members expressed their views. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Pfab, seconded by Champion, to adopt RES. 02-217, Bk. 127, p.
217, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
NORTHS/DE MARKETPLACE STREETSCAPE PROJECT to All American Concrete
for $320,997.81. Individual Council Members expressed their views. The Mayor
declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes:
Champion, Kanner, Lehman, O'Donnell, Pfab, Wilbum. Nays: Vanderhoef. Absent:
None.
Moved by O'Donnell, seconded by Pfab, to adopt RES. 02-218, Bk. 127, p.
218, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL
PROJECT to L.L. Pelling Company for $495,278.01. Individual Council Members
expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
The Mayor noted the resolution authorizing the Mayor to sign and the City
Clerk to attest an agreement between MMS Consultants, Inc. of Iowa City, Iowa and
the City of Iowa City for consulting services during construction of the South
Sycamore regional Greenspace Landscape and Trail Project, be pulled at staff's
request, and no action be taken.
Complete Description
June 11,2002
Page 8
Moved by Champion, seconded by O'Donnell, to adopt RES. 02-219, Bk. 127,
p. 219, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
HIGHWAY 1 AND SUNSET STREET INTERSECTION IMPROVEMENTS PROJECT
to Streb Construction Company for $48,543.90, Sr. Civil Engr. Scott present for
discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 02-220, Bk. 127, p.
220, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND AERIAL SERVICES INC. OF CEDAR FALLS, IOWA, TO
PROVIDE CONSULTANT SERVICES FOR PROCESSING OF AERIAL
PHOTOGRAPHY TO PRODUCE DIGITAL MAPPING. City Engr. Fosse present for
discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-221, Bk.
127, p. 221, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS
NECESSARY FOR CONSTRUCTION OF THE NORTH DODGE STREET
PROJECT STP-1-5(69)--2C-52. The Mayor declared the resolution adopted, 6/1,
with the following division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef,
Wilburn, Champion, Lehman. Nays: Kanner. Absent: None.
The Mayor noted no applications had been received for the two vacancies on
the Airport Zoning Commission to fill unexpired terms ending December 31,2005
and the one vacancy to fill an unexpired term ending December 31,2003 on the
Airport Zoning Board of Adjustment, and all three would be readvertised.
Moved by O'Donnell, seconded by Vanderhoef, to defer indefinitely the
Historic Preservation Commission appointment (Moffitt Cottage District
Representative) to fill a three-year term Mamh 29, 2002 - March 29, 2005. Staff
memorandum requesting indefinite deferral included in Council packet.; and
accepted the recommendations of the Deer Task Force to appoint Karime Reveiz
(biologist/scientist) and Mark Sandier (hunter) for terms ending March 15, 2004 to
the Deer Task Force. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
The Mayor noted the previously announced vacancies: Human Rights
Commission - One vacancy to fill an unexpired term ending January 1,2003;
Housing and Community Development Commission - Three vacancies to fill three-
year terms. September 1,2002 - September 1, 2005. and one vacancy to fill an
unexpired term ending September 1,2003. Applications must be received by 5:00
p.m., Wednesday, June 26.
Council Member Vanderhoef stated she would be attending the Iowa League
of Cities Legislative Policy Committee meeting in late June and requested legislative
issues for the State League.
Council Member Wilburn congratulated the Arts Festival folks on the groat
weekend. Council Member Vanderhoef stated she had the pleasure of escorting Lt.
Governor Sally Pederson around the event, noting she particularly liked the global
village component.
Council Member Kanner extended an invitation for everyone to attend the
Iowa Chamber Players and other co-sponsoring groups event "Coming Together for
Peace in the Middle East" on June 12; noted the report on the City's utility discount
program and the record number that were participating; asked that the School
Complete Description
June 11, 2002
Page 9
District discussion to relocate the alternative high school from Iowa City to CoraIville
be placed on the June 19 joint meeting agenda, Council agreed; noted the memo
from Asst. City Atty. Matthews regarding the alcohol ordinance enfomement and
questioned Council pursuing civil penalties against bars that are caught selling drinks
to minors, City Atty. Dilkes stated that civil penalties are being pursued by sending
them to the State Alcoholic Beverages Division and asking them to pursue civil
penalties and administrative sanctions; asked if Jim Thomas had been contacted
regarding installation of sidewalks in front of his residence, the Mayor indicated he
would follow up prior to the next meeting; requested clarification of the start time for
the Camp Cardinal Road Project, the City Mgr. stated a 28E agreement would be
prepared for Council consideration and firming up of a start time, noting no money
has been allocated to the project to date.
Mayor Lehman announced that the Friday Night Concert Series beginning
June 14 will include activities and selections for Flag Day and encouraged Council
and citizens to attend; requested Council concurrence to write a letter expressing
appreciation to departing U of I President Coleman, Council concurred.
City Mgr. Atkins stated that a new Austrian bottle manufacturing Company,
Alpla, had taken out a building permit and would be supplying for Procter & Gamble.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn 10:25 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk