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HomeMy WebLinkAbout2002-09-10 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 SEPTEMBER 10, 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, Franklin, Boothroy, Grosvenor, Briggs, Hennes, Nasby, Spitz. Council minutes tape recorded on Tape 02-70, Side 2; Tape 02-72, Both Sides. The Mayor proclaimed: September 11,2001, Fire Chief Rocca and Police Chief Winkelhake, accepting; Constitution Week- September 15-21, Sabrina Alberhasky, Past Regent of Pilgrim Chapter of DAR, accepting. The Mayor noted that City employee Dave Elias, manager of the Iowa City Water Pollution Control Facility, is this year's winner of the William D. Hatfield Award given to a wastewater treatment plant operator for outstanding performance and professionalism; and noted that polls were open until 8:00 p.m. for School Board elections. The Johnson County Neighborhood Group of the American Sewing Guild, represented by Mary Ann Dorst and Ellen Schneider, presented an American spirit quilt to the Fire Chief in recognition of the firefighters contribution to the community. Moved by Pfab, seconded by O'Donnell, to move up items 8, 9, 10, and 11 on the agenda to this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on conveyance of a single family home located at 1821 B Street. No one appeared. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 02-293, Bk. 128. p. 293, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1821 B STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the conveyance of a single family home located at 3410 Shamrock Drive to the tenant. No one appeared. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-294, Bk. 128, p. 294, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 3410 SHAMROCK DRIVE TO THE TENANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing conveyance of a single family home located at 244 Amhurst Street to a public housing program tenant. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-295, Bk. 128, p. 295, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 244 AMHURST STREET TO A PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on conveyance of a single family home located at 2409 Aster avenue. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-296, Bk. 128, p. 296, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2409 ASTER AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. FIlS Director Boothroy outlined the Tenant to Landlord Program. The Mayor presented certificates to the lenders and buyers, and gold plated keys (courtesy of Herteen & Stocker) to the buyers as follows: 3410 Shamrock Dr. - Hawkeye State Bank, Keith Kurth, Senior Vice President (Lender) and Lynne Craddok (Buyer); 2409 Complete Description September 10, 2002 Page 2 Aster Ave. - Iowa City Community Credit Union, Skip Wells, Assistant Vice President (Lender) and Mary O'Donnell and Daniel O'Donnell (Buyer); 244 Amhurst St. - Iowa State Bank, Christine Fehlberg, Vice President (Lender) and the Buyer unable to attend; 1821 B St. - Hills Bank, Dwight Seegmiller, President, Jim Pratt, Senior Vice President, and Bill Stewart, Second Vice President (Lender) and Edmond Gaines and Leo Huisman (Buyer). Also attending were Keith Ennis aide to Mr. Huisman and his parents, Eugene and Helen Huisman. 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 as follows with separate consideration of item 4f(4), filing application for State Transportation Enhancement Funds: Approval of Official Council Actions for regular meeting of August 20, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission - July 11. Iowa City Airport Commission - July 18. Iowa City Board of Adjustment - June 12. Iowa City Historic Preservation Commission - June 27. Iowa City Public Library Board of Trustees - July 25. Parks and Recreation Commission -August 14. Senior Center Commission -July 16 Motions: approve disbursements in the amount of $45,316,016.06 for the period of July 1 through July 31,2002, as recommended by the Finance Director subject to audit. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for MPLS Hotel Management, Ltd., dba Highlander Inn, 2525 N. Dodge St. Special Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Caf6, 327 E. Market St. Class C Liquor License for Chad Crabtree dba Palace Pizzeria & Bar, 124 S. Dubuque St. Renewals: Class C Liquor License for Diamond Dave's Mexican Restaurants, Inc., dba Diamond Dave's, 201 S. Clinton St. Outdoor Service Area for Diamond Dave's Mexican Restaurants, Inc., dba Diamond Dave's, 201 S. Clinton St. Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Class B Wine Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Special Class C Liquor License for Cottage of Iowa City, Inc. dba Cottage Bakery & Caf6, 14 S. Linn St. Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's, 1310 S. Gilbert St. Class B Beer Permit for CM Management Services, LLC, dba Duds N Suds, 5 Sturgis Corner Dr. Class C Beer Permit for T & M Mini Mart, Ltd., dba T & M Mini Mart, 2601 Hwy 6 East. RES. 02-297, Bk. 128, p. 297, ISSUE DANCE PERMIT to MPLS Hotel Management, Ltd., dba Highlander Inn, 2525 N. Dodge St. Refund an unused portion of a Class B Liquor License for Highlander, Inc., dba Radisson Hotel, 2525 N. Dodge St. New: Class C Liquor License for Krore, Inc., dba Mc Innerneys, 161 Highway 1 West. Outdoor Service Area for Krore, Inc., dba Mc Innerneys, 161 Highway 1 West. Setting Hearings, Bk. 128: RES. 02-298, p. 298, INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR THE OLD WATER PLANT SITE ON MADISON STREET AND TO DISPOSE OF SAID PROPERTY IN ACCORDANCE THEREWITH, AND SETTING A PUBLIC HEARING FOR SEPTEMBER 24, 2002. RES. 02-299, p. 299, FIXING TIME, DATE AND PLACE FOR HEARING ON A PROPOSED CIVIL PENALTY OF $300.00 AGAINST THE SUMMIT. RES. 02-300, p. 300, FIXING TIME, DATE AND Complete Description September 10, 2002 Page 3 PLACE FOR HEARING ON SUSPENDING THE RETAIL CIGARETTE PERMIT OF NORTH DODGE EXPRESS FOR A PERIOD OF THIRTY DAYS. RES. 02-301, p. 301, FIXING TIME, DATE AND PLACE FOR HEARING ON SUSPENDING THE RETAIL CIGARETTE PERMIT OF SUBURBAN AMOCO - KEOKUK STREET FOR A PERIOD OF THIRTY DAYS. Resolutions, Bk. 128: RES. 02-302, p. 302, ACCEPTING THE WORK FOR THE FOSTER ROAD GRADING AND WATER MAIN PROJECT. RES. 02-303, p. 303, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART ELEVEN A, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-304, p. p. 304, AUTHORIZING THE CITY MANAGER TO ATTEST AN ADDENDUM TO A LEASE AGREEMENT FOR PUBLIC PROPERTY WITH HAWKEYE LUMBER COMPANY FOR RENTAL OF THE VACATED PORTION OF ALLEY RIGHT-OF-WAY BETWEEN LAFAYETTE STREET AND BENTON STREET IN IOWA CITY, IOWA FOR PURPOSES OF STORAGE AND SECURITY. RES. 02-305, p. 305, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION ENHANCEMENT FUNDS. RES. 02-306, p. 306, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1005 NORTH SUMMIT STREET, IOWA CITY, IOWA. RES. 02-307, p. 307, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORE #51. RES. 02- 308, p. 308, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE TOBACCO BOWL. RES. 02- 309, p. 309, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, BILL MILHALOPOULAS, AND ATLAS WORLD GRILL INC., d/b/a ATLAS WORLD GRILL, FORA SIDEWALK CAFE. RES. 02-310, p. 310, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SANITARY SEWER EASEMENT AGREEMENT LOCATED ON PROPERTY GENERALLY LOCATED WEST OF RIVERSIDE DRIVE SOUTH OF COMMERCIAL DRIVE. Correspondence: Karin Southard regarding Lexington Avenue Barricade. Linda Kerber regarding Lexington Avenue Barricade. Marita McGurk Eicher regarding Lexington Avenue Barricade regarding Carole Martz: Stepping Up/Minors in Bars. Kristen Maughan regarding Minors in Bars. Carolyn Cavitt regarding Underage and High-Risk Drinking. John Gross regarding Downtown Sidewalk Vault Covers. Gerry Lloyd regarding Parking Violation [staff response included]. Richard Twohy regarding Eric Shaw. Mary Tanner regarding Junior League. Richard Campagna regarding Seminar. JCCOG Traffic Engineering Planner regarding Installation of LEFT LANE MUST TURN LEFT Signs on the North Side of Washington Street at the Intersection with Linn Street; Installation of a Parking Space Located on the North Side of the 400 Block of Market Street; Installation of NO PARKING 2 AM - 6 AM EXCEPT PERMIT HOLDERS signs and TOW-AWAY ZONE signs on the 400 Block of South Maiden Lane. Complete Description September 10, 2002 Page 4 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Champion, to adopt RES. 02-311, Bk. 128, p. 311, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION ENHANCEMENT FUNDS. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Nays: Kanner. Absent: None. Clara Oleson, Springdale, appeared regarding Constitution Week; an article in Economic Development Quarterly regarding convention centers; and a 1995 resolution adopting economic development policies. Jim Baker, 30 Alder Court, and Dawn Mueller, 1220 Village Rd., appeared to encourage City participation in a feasibility study on municipal power. Moved by Pfab, seconded by Champion, to set a public hearing for September 24 on a resolution amending the Comprehensive Plan to adopt the Southwest District Plan for the area located generally south of Melrose Avenue, west of the Iowa River, north of Highway 1 West and east of the Iowa City Landfill. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Wilburn, to set a public hearing for September 24 on a ordinance changing the zoning designation from 1) High Density Multi-Family Residential, RM-44, to Medium Density Multi-Family Residential, RM-20 with a Conditional Zoning Agreement, for an 8.69-acre property located north of Highway 1 and west of Miller Avenue; 2) Community Commercial, CC-2, to Medium Density Multi-Family Residential, RM-20 with a Conditional Zoning Agreement, for a 1.45-acre property located north of Highway 1 and west of Miller Avenue; and 3) Medium Density Single-Family Residential, RS-8, to Community Commercial, CC-2, for a 1.45-acre property located north of Highway 1 and west of Miller Avenue (Ruppert). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Vanderhoef, to set a public hearing for September 24 on an ordinance (University) vacating portions of the Harrison Street and Prentiss Street rights-of-way and an adjoining alleyway, west of Madison Street. 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 September 24 on an ordinance vacating Grand Avenue Court from Melrose Avenue to a line 295 feet to the north of Melrose Avenue (University). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilbum, seconded by O'Donnell, to set a public hearing for September 24 on an ordinance vacating portions of (CRANDIC) Front Street and Prentiss Street generally located south of Burlington Street and west of Madison Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the ordinance amending the preliminary Planned Development Housing Overlay (OPDH-12) plan for Lot 259 of Windsor Ridge, Part 15, Glen Brook Condominiums, a 46-unit residential development at the intersection of Court Street and Camden Road. No one appeared. A public hearing was held on the ordinance amending the Zoning Code, Section 14-6H-1, General Industrial Zone, to allow repair of commercial and industrial trucks as a provisional use. No one appeared. Complete Description September 10, 2002 Page 5 Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passes be suspended, the second consideration and vote be waived, and that ORD. 02-4039, Bk. 45, p. 47, AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 31.1 ACRES OF PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL, RS-8, TO OVERLAY PLANN~:D DEVELOPMENT HOUSING MEDIUM DENSITY, OPDH-8, AND APPROVING A PRELIMINARY PLAT AND OPDH PLAN TO ALLOW A 182-UNIT RESIDENTIAL DEVELOPMENT LOPCATED SOUTH OF LOWER WEST BRANCH ROAD AND NORTH OF CAMDEN ROAD, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Atty. Michael J. Pugh. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-312, Bk. 128, p. 312, APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE, PART 16-20, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, that the ordinance changing the zoning designation from General Industrial, I-1, to Intensive Commercial, C1-1, for 1.14-acres located (Gringer) west of Riverside Drive south of Commercial Drive, be given second consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Pfab, that the 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Champion, to adopt RES. 02-313, Bk. 128, p. 313, APPROVING THE PRELIMINARY PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, PART 2, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on proceedings to take additional action for the issuance of not to exceed $10,000,000 water revenue bonds. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 02-314, Bk. 128, p. 314, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 WATER REVENUE BONDS. 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 K-mart, 901 Hollywood BIvd, pursuant to Iowa Code Section 453a.22(2). Johnson County Atty. J. Patrick White appeared. Moved by O'Donnell, seconded by Pfab, to adopt RES. 02-315, Bk. 128, p. 315, ASSESSING A $300.00 CIVIL PENALTY AGAINST K-MART. Affirmative roll Complete Description September 10, 2002 Page 6 call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 7, entitled "Vehicle Size, Weight and Load," to restrict large truck traffic on First Avenue from the intersection of Scott Boulevard to the intersection of D Street, be given first vote. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Stephen Locher, and Margaret Ketterer. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that the ordinance amending certain chapters of City Code Titles 6, 7, 10, and 14 to increase the municipal infraction civil penalties for violating nuisance provisions, snow removal requirements, Building Code, Housing Code, Electrical Code, Mechanical Code, Plumbing Code, Fire Code, and Utilities' Use of Right-of-Way requirements, be given first vote. The City Atty. explained that the revised ordinance distributed that evening omitted the reference to the Zoning Code because the zoning code penalties are not being changed by this ordinance. The Mayor declared the motion carried, 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 ©'Donnell, to adopt RES. 02-316, Bk. 128, p. 316, ESTABLISHING FEES FOR SERVICES AND ACTIVITIES QF THE BUILDING INSPECTION DIVISION OF THE DEPARTMENT OF HOUSING AND INSPECTION SERVICES. Sr. Bldg. Inspector Henries and HIS Director Boothroy 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 O'Donnell, to adopt RES. 02-317, Bk. 128, p. 317, 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, 120 BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC. d/b/a VITO'S, FOR A SIDEWALK CAFI~. 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. 02-318, Bk. 128, p. 318, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND GERRY AMBROSE. Moved by Wilburn, seconded by Vanderhoef, to amend the agreement changing the maximum amount of tax rebate from $500,000 to a maximum of $400,000. Individual Council Members expressed their views. Clara 01eson, Springdale, and applicant/developer Gerry Ambrose appeared. Economic Development Coordinator Nasby present for discussion. Moved by Kanner to reduce the agreement to $10,000 maximum tax abatement. The Mayor declared the motion dead for lack of a second. Moved by Pfab, seconded by Kanner, to amend the agreement to a $300,000 maximum tax abatement. The Mayor declared the motion defeated, 2/5, with the following show of hands: Ayes: Pfab, Kanner. Nays: Lehman, Q'Donnell, Champion, Wilburn, Vanderhoef. The Mayor declared the original motion to amend carried, 5/2, with the following voice vote: Ayes: Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Nays: Kanner, Pfab. Moved by O'Donnell, seconded by Champion, to call the question on the resolution as amended. The Mayor declared the motion calling the question carried, 5/2, with the Complete Description September 10, 2002 Page 7 following show of hands: Ayes: Champion, Wilburn, Vanderhoef, Lehman, O'Donnell. Nays: Kanner, Pfab. The Mayor declared the resolution adopted as amended, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab, Kanner. Absent: None. Moved by Vanderhoef, seconded by Kanner, to adopt RES. 02-319, Bk. 128, p. 319, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS PROJECT to Iowa City Landscaping for $57,884.40. 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. 02-320, Bk. 128, p. 320, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT STORM SEWER EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE OWNERS OF LOT 9, DEAN OAKES SECOND ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies. Airport Zoning Board of Adjustment - One appointment to fill an unexpired term ending December 31, 2003; Airport Zoning Commission - Two appointments to fill unexpired terms. One ending December 31,2003 and the other ending December 31,2005. Applications must be received by 5:00 p.m, Wednesday, September 18; Housing and Community Development Commission - One vacancy to fill an unexpired term ending September 1,2004. Applications must be received by 5:00 p.m., Wednesday, October 2. Council Member O'Donnell acknowledged September 11,2001, as the Day America changed and remembered families, victims and heroes; and presented the Mayor with a card and "small" collection in honor of his 41st wedding anniversary. Council Member Vanderhoef noted the airport zoning board vacancies had been readvertised a number of times and asked the City Attorney to research the law and see if there was anything Council could do regarding terms or size of the boards to generate action for the appoints. The City Attorney will report back. Council Member Wilburn reminded everyone of the Human Rights Breakfast scheduled for September 26 at the iowa Memorial Union. Council Member Kanner encouraged citizens concerned about threats of going to war with Iraq to attend meeting of Iowans for Peace scheduled for 6:00 p.m. Sunday at the Wesley House; and wished everyone celebrating a happy Jewish new year and a good fast on Yom Kippur. Mayor Lehman reported on discussions with MidAmerican relative to the charge for the City putting wires on poles, and stated the charge would be waived and a letter stated that would be coming to the City from MidAmerican; and invited citizens to attend a ceremony and program remembering September 11,2001, at City Park tomorrow evening. Moved by Pfab, seconded by Vanderho~¢'~ adjourn 9:10 p.m. The Mayor declared the motion carried unanimously, .~1 ~il M,.~esent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. ~ The cost of publishing the following proceedings and claims is $. Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 8/20/02 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 accepted a $1200 donation to the Canine Unit from Wal-Mart. Tammy Swearingen, Personnel Manager, and Chris Annan, Store Manager, represented Wal-Mart. The Mayor read a letter Paul Coates, Director of Clerk's Academy, Iowa State University thanking the City for their support in sending City Clerk Karr to the Clerk's Institute this past summer. 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 July 16 and the special meeting of August 1, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission - May 23. Historic Preservation Commission - June 13. Iowa City Airport Commission - June 6. Iowa City Human Rights Commission - June 25. Iowa City Public Art Advisory Committee ~ April 15. Iowa City Public Art Advisory Committee - June 6. Iowa City Public Art Advisory Committee - July 11. Iowa City Public Art Advisory Committee - August 8. Iowa City Public Library Board of Trustees - June 27. Iowa City Telecommunications Commission - June 3. Parks and Recreation Commission - July 10. Planning and Zoning Commission - June 20. Planning and Zoning Commission - July 18. Senior Center Commission - June 18. Motions: Approve disbursements in the amount of $27,789,852.41 for the period of June 1 through June 30, 2002, as recommended by the Finance Director subject to audit; Approving the Fire Strategic Plan. Permit Motions and Resolutions as Recommended by the City Clerk. New: Temporary 5-Day Class B Beer Permit for Iowa City Fall Fun Festival Tent A, 2120 Rochester Ave. Temporary 5-Day Outdoor Service Area for Iowa City Fall Fun Festival Tent A, 2120 Rochester Ave. Temporary 5- Day Class B Beer Permit for Iowa City Fall Fun Festival Tent B, 2120 Rochester Ave. Temporary 5-Day Outdoor Service Area for Iowa City Fall Fun Festival Tent B, 2120 Rochester Ave. Renewals: Class E Liquor License for Drugtown, 310 N. First Ave. Class B Wine Permit for Drugtown, 310 N. First Ave. Class C Beer Permit for Drugtown, 310 N. First Ave. Class C Beer Permit for Suburban Amoco, 370 Scott Court. Class E Liquor License for Aajaxxx Liquor Store, 107 S. Linn St. Class B Wine Permit for Aajaxxx Liquor Store, 107 S. Linn St. Class C Beer Permit for Aajaxxx Liquor Store, 107 S. Linn St. Class C Beer Permit for A & J Mini Mart, 2153 ACT Circle. Class C Liquor License for George's Buffet, 312 E. Market St. Class B Wine Permit for L & M Mighty Shop, Inc., 504 E. Burlington St. Class C Beer Permit for L & M Mighty Shop, Inc., 504 E. Burlington St. Class E Liquor License for Osco Drug #5078, 2425 Muscatine Ave. Class B Wine Permit for Osco Drug #5078, 2425 Muscatine Ave. Class C Beer Permit for Osco Drug #5078, 2425 Muscatine Ave. Refund an unused portion of a Class C Liquor License to TGI Friday's, 2208 N. Dodge St. RES. 02-259, TO ISSUE CIGARETTE PERMITS to Hy-Vee Gas (#1), 260 Official Actions Page 2 August 20, 2002 Stevens Drive. RES. 02-260, TO ISSUE DANCING PERMIT to Iowa City Fall Fun Festival, 2120 Rochester Ave. (New) Setting Hearings: RES. 02-261, FIXING TIME, DATE AND PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00 AGAINST K- MART. RES. 02-262, p. 262, FIXING DATE FOR A MEETING ON THE PROPOSITION TO ISSUE NOT TO EXCEED $10,000,000 WATER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-263, OF INTENT TO CONVEYA SINGLE FAMILY HOME LOCATED AT 1821 B STREET AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. RES. 02-264, OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 3410 SHAMROCK DRIVE TO THE TENANT AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. RES. 02-265, OF INTENT TO CONVEYA SINGLE FAMILY HOME LOCATED AT 244 AMHURST STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. RES. 02-266, OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2409 ASTER AVENUE AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. Resolutions: RES. 02-267, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING PROJECT. RES. 02-268, ACCEPTING THE WORK FOR THE HIGHWAY 1 AND SUNSET STREET INTERSECTION IMPROVEMENTS PROJECT. RES. 02-269, ACCEPTING THE DEDICATION OF OUTLOT N TO THE CITY OF IOWA CITY AS PLATTED IN WINDSOR RIDGE PART NINE, IOWA CITY, IOWA, AND DECLARING THE AREA OPEN FOR PUBLIC USE. RES. 02- 270, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED AT 2316 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA. RES. 02-271, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A TERMS AND CONDITIONS, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 631 NORTH DODGE STREET, IOWA CITY, IOWA. RES. 02-272, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1335 FIRST AVENUE, IOWA CITY, IOWA. RES. 02-273, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, TWO PROMISSORY NOTES AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 420 EAST JEFFERSON STREET, IOWA CITY, IOWA. RES. 02-274, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO STATEMENT OF LIFE LIEN PROMISSORY NOTES AND A MORTGAGE FOR THE PROPERTY LOCATED AT 2124 WESTERN ROAD, IOWA CITY, IOWA. RES. 02-275, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1823 C STREET, IOWA CITY, IOWA. RES. 02- 276, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 902 BENTON STREET #32, IOWA CITY, Official Actions Page 3 August 20, 2002 IOWA. RES. 02-277, APPROVING THE EXTERIOR SIGNAGE TO UNIVERSlTEES IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. RES. 02-278, APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY02. Correspondence: Justine Zimmer (Englert Theatre) regarding Englert Civic Theatre. VNA Board of Directors & Staff regarding Open House for Rosalie Rose. Rhys Jones & Valerie Chittick regarding Successful Lexington Ave Barrier. Johnson County Board of Supervisors regarding Senior Center 28E Agreement. Leana Stormont regarding Animal Issues. William Honachefsky regarding National Geographic News. Eric Miller regarding Bus Service to Elderly on Scott Boulevard. Shams Ghoneim (Muslim Public Affairs Council) regarding September 11. Harriet Gooding (Evert Conner Center) regarding Appreciation Daniel Zwiener regarding Sand Prairie Preservation ProjectJMcCollister Farm. Janet Rapp regarding Mormon Trek/Cameron Way [Petition with 149 signatures on file in the City Clerk's Office]. Justine Zimmer (Englert Theatre) regarding Appreciation. Deb Sieben (Iowa Children's Museum) regarding Update. Trena Bradford regarding US Beauties Pageant and Her Highness Pageant Coaching Spokesmodels. John Dane regarding Mormon Trek Extension [Staff response included]. Matt Heidenwirth regarding Police. Dorma Gunnells regarding Senior High Alternative Center [response from Council Member Wilburn included]. Karen Pease regarding USA Patriot Act. Lisa Marshall regarding Death of Puppy [staff response included]. Judy Hesson (Melrose Meadows) regarding Transit Service. Bev Soukup-Platz regarding Transit Service [staff response included]. Subathra Aravamudhan regarding Transit Service [staff response included]. Angela Fletcher regarding Alcohol. Steve Brower regarding Alcohol. Joseph Coates regarding Dubuque and Foster Intersection. Scot Smith regarding Telecommunications [staff response included]. Jaycees regarding Appreciation. Jane Vevera and Family regarding Appreciation. Ginny Naso (UAY) regarding Invitation. JCCOG Traffic Engineering Planner regarding Installation of Two NO PARKING BETWEEN SIGNS signs on the North Side of the Alley between the Senior Center and Tower Place; Removal of Two Existing Bus Stop Signs and Installation of One New Bus Stop Sign on Lakeside Drive; Installation of two NO PARKING LOADING ZONE 30 MIN LIMIT ENFORCED MON- FRI 8AM-5PM signs on the south side of Davenport Street. John Dane regarding Dane Road. Michael Wright regarding Neighborhood Relations Task Force. David Baldus and George Woodworth regarding Traffic Stop Practices. Hillary Sale regarding Neighborhood Relations Task Force. Dr. Angela West regarding Traffic Stop Data Analysis. The Mayor declared the motion carried. Charity Rowley, Senior Center Commissioner, updated Council on activities at the Center. Louise Young, 320 S. Dubuque St., encouraged dialogue between the Board of Supervisors, the City, and the Johnson County Disability Coalition on operations of SEATS prior to a decision being made. Professor David Baldus, read a statement regarding the racial profiling in Iowa City traffic stops survey presented the previous evening to the City Council. Ken Herdliska, 1695 Ridge Road, raised concerns regarding the Englert project. John Loomis, 219 Teeters Ct., representing Friends of Hickory Hill Park, invited the Council and public to attend a symposium on September 28th at the Park. Carol Spaziani and Saul Mekies presented information on the Citizens for Public Power attendance at the August 13 joint cities meeting Official Actions Page 4 August 20, 2002 hosted by the Iowa Association of Municipal Utilities (IAMU). Moved and seconded to accept the statement from Professor David Baldus and George Woodworth; and the statement from Carol Spaziani and Saul Mekies. The Mayor declared the motion carried. Lori Bears, 402 S, Gilbert, thanked Council Member O'Donnell for talking with her regarding SEATS and stated that the Board of Supervisors and City Council were welcome to come and speak on the subject at a upcoming Johnson County Disability Coalition meeting. Moved and seconded to set a public hearing for September 10 on an ordinance amending the preliminary Planned Development Housing Overlay (OPDH- 12) plan for Lot 259 of Windsor Ridge, Part 15, Glen Brook Condominiums, a 46-unit residential development at the intersection of Court Street and Camden Road. The Mayor declared the motion carried. Moved and seconded to set a public hearing for September 10 on an ordinance amending the Zoning Code, Section 14-6H-1, General Industrial Zone, to allow repair of commercial and industrial trucks as a provisional use. The Mayor declared the motion carried. A public hearing was held on the 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. Moved and seconded to accept correspondence from Michael Pugh. The Mayor declared the motion carried. Moved and seconded that the 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, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation from General Industrial, I-1, to Intensive Commercial, C1-1, for 1.14-acres located west of Riverside Drive south of Commercial Drive, be given first vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from David Baculis, Sr. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation from Low Density Single Family, RS-5, to Planned Development Housing Oveday, 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, be given first vote. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4027, CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY, RS-8, TO OVERLAY HISTORIC PRESERVATION, OHP-RS-8, DESIGNATING THE PROPERTY LOCATED AT 747 WEST BENTON STREET AS AN HISTORIC LANDMARK be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4028, AMENDING THE ZONING ORDINANCE BY AMENDING Official Actions Page 5 August 20, 2002 THE PLANNED DEVELOPMENT HOUSING (OPDH-12) PRELIMINARY PLAN FOR SILVERCREST TO ALLOW FOUR 4-UNIT TOWNHOUSE STYLE BUILDINGS AND FOUR 24-UNIT INDEPENDENT LIVING BUILDINGS FOR ELDERLY RESIDENTS ON 12.18 ACRES, LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF AMERICAN LEGION ROAD, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to move Item 5h, vacation of property at 801 Highway 1 West, to Item 8c. The Mayor declared the motion carried. Mayor Lehman left the room due to a conflict of interest. Mayor Pro tern Vanderhoef presiding. Moved and seconded that ORD. 02-4029, AMENDING THE ZONING ORDINANANCE BY CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY, RS-8 AND LOW DENSITY MULTI-FAMILY, RM-12 TO MEDIUM DENSITY MULTI-FAMILY PLANNED DEVELOPMENT OVERLAY, OPDH-20 FOR 2.12 ACRES OF PROPERTY LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET, be passed and adopted. Mayor Lehman returned to the meeting and now presiding. Moved and seconded that ORD. 02-4030, CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY MULTI-FAMILY NEIGHBORHOOD CONSERVATION, RNC-20, TO SENSITIVE AREAS OVERLAY- MEDIUM DENSITY MULTI-FAMILY NEIGHBORHOOD CONSERVATION, OSNRNC-20, FOR A .41- ACRE PROPERTY LOCATED AT 341 N. RIVERSIDE DRIVE, be passed and adopted. Moved and seconded to accept correspondence from Gary Klinefelter. The Mayor declared the motion carried. Moved and seconded that ORD. 02-4031, CHANGING THE ZONING DESIGNATION FROM LOW DENSITY MULTIFAMILY RESIDENTIAL, RM-12, TO SENSITIVE AREAS OVERLAY-LOW DENSITY MULTIFAMILY RESIDENTIAL, OSA/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, be passed and adopted. Moved and seconded to adopt RES. 02-279, APPROVING AMENDED PRELIMINARY AND FINAL PLAT OF WILD PRAIRIE ESTATES, PART 4, IOWA CITY, IOWA. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Transit Re-Roofing 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. 02-280, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT RE-ROOFING 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 Highway 6 Landscape Improvements project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 02-281, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH Official Actions Page 6 August 20, 2002 BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution authorizing conveyance of 32,710 square feet of vacated frontage road right-of-way along the frontage of 801 Highway 1 West, to Diane H. Williamson. Atty. Thomas Hobart representing Diane Williamson appeared. Moved and seconded to accept correspondence from Atty. Thomas Hobart. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-282, AUTHORIZING CONVEYANCE OF 32,710 SQUARE FEET OF VACATED FRONTAGE ROAD RIGHT-OF-WAY ALONG THE FRONTAGE OF 801 HIGHWAY 1 WEST, TO DIANE H. WlLLIAMSON. The Mayor announced that Council would be considering item 5h at this time. Moved and seconded that ORD. 02-4032, VACATING 32,710 SQUARE FEET OF FRONTAGE ROAD RIGHT-OF-WAY ALONG THE FRONT OF THE PROPERTY AT 801 HIGHWAY 1 WEST, be passed and adopted. Moved and seconded that ORD. 02-4033, 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, be passed and adopted. Moved and seconded that ORD. 02-4034, 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; AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, be passed and adopted. Moved and seconded that ORD. 02-4035, 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, be passed and adopted. Moved and seconded that ORD. 02-4036, 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 Official Actions Page 7 August 20, 2002 HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA, be passed and adopted. Moved and seconded that ORD. 02-4037, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE L 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, be passed and adopted. Moved and seconded that ORD. 02-4038, 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, be passed and adopted. Moved and seconded to adopt. Moved and seconded to defer indefinitely a resolution approving a call to artists for a sculpture at the Iowa City Water Plant site and refer back to the Art Committee for public input. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-283, APPROVING THE 2002-2003 DEER MANAGEMENT PLAN FOR IOWA CITY. Moved and seconded to adopt RES. 02-284, AUTHORIZING THE APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT FUNDS FROM THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE ADDITION OF A TWO-WAY LEFT-TURN LANE BETWEEN GILBERT STREET AND JUST WEST OF JOHNSON STREET AND THE WIDENING OF THE BRIDGE NEAR VAN BUREN STREET FROM FOUR TO FIVE LANES ON BURLINGTON STREET. Moved and seconded to adopt RES. 02-285, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2003 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Moved and seconded to adopt RES. 02-286, AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING. Moved and seconded to adopt RES. 02-287, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA. Moved and seconded to adopt RES. 02-288, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 02-289, REJECTING BIDS RECEIVED ON AUGUST 6, 2002 FOR THE 2002 CURB RAMP PROJECT AND RE-BIDDING THE PROJECT, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING THE TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded to adopt RES. 02-290, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A Official Actions Page 8 August 20, 2002 CONTRACT FOR CONSTRUCTION OF THE VOICE COMMUNICATIONS - PHASE 2 OUTSIDE PLANT PACKAGE PROJECT. Moved and seconded to adopt RES. 02-291, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST PERMITS/AGREEMENTS NECESSARY FOR CONSTRUCTION OF THE VOICE COMMUNICATIONS PHASE 2 OUTSIDE PLANT PACKAGE PROJECT. Moved and seconded to adopt RES. 02-292, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ANIMAL SHELTER HVAC PROJECT: PHASE II. Moved and seconded to make the following appointments to Boards and Commissions: Baron Thrower, 63 Kennedy Parkway, to the Airport Commission to fill an unexpired term ending March 1,2004; Mark McCallum, 811 E. College Street, to the Historic Preservation Commission to fill an unexpired term ending March 29, 2003 representing the College Green District; Mark Edwards, 1754 Lakeside Drive, to fill a three year term, September 1,2002-September 1,2005 and Morgan Hoosman, 424 Douglas Court, to fill an unexpired term ending September 1,2003 on the Housing and Community Development Commission. The Mayor declared the motion carried. The Mayor noted no applications had been received for the Airport Zoning Board of Adjustment to fill an unexpired term ending December 31,2003; Airport Zoning Commission for two appointments to fill unexpired terms, ending December 31,2003, and December 31,2005, and announced all three would be readvertised. The Mayor announced one current vacancy on the Housing and Community Development Commission to fill an unexpired term ending September 1,2004. Applications must be received by 5:00 p.m., Wednesday, October 2, 2002. Moved and seconded to adjourn 9:20 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/Marian K. Karr, City Clerk Submitted for publication~,8/28_~_.~.~,. 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 AUGUST 20, 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, Winkelhake, Johnson, Franklin, Rocca, Morris, Logsden, Spitz, O'Malley, Cohn, Lower. Council minutes tape recorded on Tape 02-64, Side 2; Tape 02-68, Both Sides. The Mayor accepted a $1200 donation to the Canine Unit from Wal-Mart. Tammy Swearingen, Personnel Manager, and Chris Annan, Store Manager, represented Wal-Mart. The Mayor read a letter Paul Coates, Director of Clerk's Academy, Iowa State University thanking the City for their support in sending City Clerk Marian Karr to the Clerk's Institute this past summer. Moved by O'Donnell, seconded by Champion, 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 July 16 and the special meeting of August 1, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Commission - May 23. Historic Preservation Commission - June 13. Iowa City Airport Commission - June 6. Iowa City Human Rights Commission - June 25. Iowa City Public Art Advisory Committee - April 15. Iowa City Public Art Advisory Committee - June 6. Iowa City Public Ar-[ Advisory Committee - July 11. Iowa City Public Art Advisory Committee - August 8. Iowa City Public Library Board of Trustees - June 27. Iowa City Telecommunications Commission - June 3. Parks and Recreation Commission - July 10. Planning and Zoning Commission - June 20. Planning and Zoning Commission - July 18. Senior Center Commission - June 18. Motions: Approve disbursements in the amount of $27,789,852.41 for the period of June 1 through June 30, 2002, as recommended by the Finance Director subject to audit; Approving the Fire Strategic Plan. Permit Motions and Resolutions as Recommended by the City Clerk. New: Temporary 5-Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent A, 2120 Rochester Ave. Temporary 5-Day Outdoor Service Area for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent A, 2120 Rochester Ave. Temporary 5- Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent B, 2120 Rochester Ave. Temporary 5-Day Outdoor Service Area for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent B, 2120 Rochester Ave. Renewals: Class E Liquor License for Hy-Vee Inc., dba Drugtown, 310 N. First Ave. Class B Wine Permit for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. Class C Beer Permit for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. Class C Beer Permit for Suburban Investors, LC dba Suburban Amoco, 370 Scott Court. Class E Liquor License for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. Class B Wine Permit for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. Class C Beer Permit for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. Class C Beer Permit forA & J Mini Mart, Inc., dba A & J Mini Mart, 2153 ACT Circle. Class C Liquor License for George's Buffet, Inc., Complete Description Page 2 August 20, 2002 dba George's Buffet, 312 E. Market St. Class B Wine Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St. Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St. Class E Liquor License for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave. Class B Wine Permit for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave. Class C Beer Permit for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave. Refund an unused portion of a Class C Liquor License to Highlander, Inc., dba TGI Friday's, 2208 N. Dodge St. RES. 02-259, Bk. 128, p. 259, TO ISSUE CIGARETTE PERMITS to Hy-Vee, Inc. dba Hy-Vee Gas (#1), 260 Stevens Drive. RES. 02-260, Bk. 128, p. 260, TO ISSUE DANCING PERMIT to Iowa City Fall Fun Festival, Inc. dba Iowa City Fall Fun Festival, 2120 Rochester Ave. (New) Setting Hearings, Bk. 128: RES. 02-261, p. 261, FIXING TIME, DATE (September 10)AND PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00 AGAINST K-MART. RES. 02-262, p. 262, FIXING DATE of September 10 FOR A MEETING ON THE PROPOSITION TO ISSUE NOT TO EXCEED $10,000,000 WATER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-263, p. 263, OF INTENT TO CONVEYA SINGLE FAMILY HOME LOCATED AT 1821 B STREET AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. RES. 02-264, p. 264, OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 3410 SHAMROCK DRIVE TO THE TENANT AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. RES. 02-265, p. 265, OF INTENT TO CONVEYA SINGLE FAMILY HOME LOCATED AT 244 AMHURST STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. RES. 02-266, p. 266, OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2409 ASTER AVENUE AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. Resolutions, Bk. 128: RES. 02-267, p. 267, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING PROJECT. RES. 02-268, p. 268, ACCEPTING THE WORK FOR THE HIGHWAY 1 AND SUNSET STREET INTERSECTION IMPROVEMENTS PROJECT. RES. 02-269, p. 269, ACCEPTING THE DEDICATION OF OUTLOT N TO THE CITY OF IOWA CITY AS PLATTED IN WINDSOR RIDGE PART NINE, IOWA CITY, IOWA, AND DECLARING THE AREA OPEN FOR PUBLIC USE. RES. 02-270, p. 270, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED AT 2316 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA. RES. 02-271, p. 271, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING ATERMS AND CONDITIONS, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 631 NORTH DODGE STREET, IOWA CITY, IOWA. RES. 02-272, p. 272, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1335 FIRST AVENUE, IOWA CITY, IOWA. RES. 02-273, p. 273, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, TWO Complete Description Page 3 August20,2002 PROMISSORY NOTES AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 420 EAST JEFFERSON STREET, IOWA CITY, IOWA. RES. 02-274, p. 274, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO STATEMENT OF LIFE LIEN PROMISSORY NOTES AND A MORTGAGE FOR THE PROPERTY LOCATED AT 2124 WESTERN ROAD, IOWA CITY, IOWA. RES. 02-275, p. 275, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1823 C STREET, IOWA CITY, IOWA. RES. 02-276, p. 276, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 902 BENTON STREET #32, IOWA CITY, IOWA. RES. 02-277, p. 277, APPROVING THE EXTERIOR SIGNAGE TO UNIVERSITEES IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. RES. 02-278, p. 278, APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY02. Correspondence: Justine Zimmer (Englert Theatre) regarding Englert Civic Theatre. VNA Board of Directors & Staff regarding Open House for Rosalie Rose. Rhys Jones & Valerie Chittick regarding Successful Lexington Ave Barrier. Johnson County Board of Supervisors regarding Senior Center 28E Agreement. Leana Stormont regarding Animal Issues. William Honachefsky regarding National Geographic News. Eric Miller regarding Bus Service to Elderly on Scott Boulevard. Shams Ghoneim (Muslim Public Affairs Council) regarding September 11. Harriet Gooding (Evert Conner Center) regarding Appreciation Daniel Zwiener regarding Sand Prairie Preservation Project/McCollister Farm. Janet Rapp regarding Mormon Trek/Cameron Way [Petition with 149 signatures on file in the City Clerk's Office]. Justine Zimmer (Englert Theatre) regarding Appreciation. Deb Sieben (Iowa Children's Museum) regarding Update. Trena Bradford regarding US Beauties Pageant and Her Highness Pageant Coaching Spokesmodels. John Dane regarding Mormon Trek Extension [Staff response included]. Matt Heidenwirth regarding Police. Dorma Gunnells regarding Senior High Alternative Center [response from Council Member Wilburn included]. Karen Pease regarding USA Patriot Act. Lisa Marshall regarding Death of Puppy [staff response included]. Judy Hesson (Melrose Meadows) regarding Transit Service. Bev Soukup-Platz regarding Transit Service [staff response included]. Subathra Aravamudhan regarding Transit Service [staff response included]. Angela Fletcher regarding Alcohol. Steve Brower regarding Alcohol. Joseph Coates regarding Dubuque and Foster Intersection. Scot Smith regarding Telecommunications [staff response included]. Jaycees regarding Appreciation. Jane Vevera and Family regarding Appreciation. Ginny Naso (UAY) regarding Invitation. JCCOG Traffic Engineering Planner regarding Installation of Two NO PARKING BETWEEN SIGNS signs on the North Side of the Alley between the Senior Center and Tower Place; Removal of Two Existing Bus Stop Signs and Installation of One New Bus Stop Sign on Lakeside Drive; Installation of two NO PARKING LOADING ZONE 30 MIN LIMIT ENFORCED MON- FRI 8AM- 5PM signs on the south side of Davenport Street. John Dane regarding Dane Road. Michael Wright regarding Neighborhood Relations Task Force. David Baldus and Complete Description Page 4 August 20, 2002 George Woodworth regarding Traffic Stop Practices. Hillary Sale regarding Neighborhood Relations Task Force. Dr. Angela West regarding Traffic Stop Data Analysis. Council Member Wilburn noted the setting of hearings for conveying single family homes under the Iowa City Housing Authority Affordable Dream Home Program, and encouraged continuation of the Program. Council Member Kanner referenced the letter from Daniel Zwiener regarding the Sand Prairie Preservation Project/McCollister Farm and encouraged continued dialogue on the issue of prehistoric remains on the site. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Charity Rowley, Senior Center Commissioner, updated Council on activities at the Center. Louise Young, 320 S. Dubuque St., encouraged dialogue between the Board of Supervisors, the City, and the Johnson County Disability Coalition on operations of SEATS prior to a decision being made. Professor David Baldus, read a statement regarding the racial profiling in Iowa City traffic stops survey presented the previous evening to the City Council. Ken Herdliska, 1695 Ridge Road, raised concerns regarding the Englert project. John Loomis, 219 Teeters Ct., representing Friends of Hickory Hill Park, invited the Council and public to attend a symposium on September 28th at the Park. Carol Spaziani and Saul Mekies presented information on the Citizens for Public Power (formerly Public Power Initiative) attendance at the August 13 joint cities meeting hosted by the Iowa Association of Municipal Utilities (IAMU). Moved by Pfab, seconded by Champion, to accept the statement from Professor David Baldus and George Woodworth; and the statement from Carol Spaziani and Saul Mekies. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Lori Bears, 402 S. Gilbert, thanked Council Member O'Donnell for talking with her regarding SEATS and stated that the Board of Supervisors and City Council were welcome to come and speak on the subject at a upcoming Johnson County Disability Coalition meeting. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for September 10 on an ordinance amending the preliminary Planned Development Housing Overlay (OPDH-12) plan for Lot 259 of Windsor Ridge, Part 15, Glen Brook Condominiums, a 46-unit residential development at the intersection of Court Street and Camden 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 September 10 on an ordinance amending the Zoning Code, Section 14-6H-1, General Industrial Zone, to allow repair of commercial and industrial trucks as a provisional use. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the ordinance changing the zoning designation from Medium Density Single Family Residential, R9-8, 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. Moved by O'Donnell, seconded by Champion, to accept correspondence from Michael Pugh. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation from Medium Density Single Family Residential, RS-8, to Planned Development Housing Overlay, OPDHo8, for Windsor Ridge, Part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower Complete Description Page 5 August 20, 2002 West Branch Road, 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 Wilburn, that the ordinance changing the zoning designation from General Industrial, I-1, to Intensive Commercial, C1-1, for 1.14-acres located (Gringer) west of Riverside Drive south of Commercial Drive, 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 Champion, to accept correspondence from David Baculis, Sr. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that the 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, 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 Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4027, Bk. 45, p. 35, CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY, RS-8, TO OVERLAY HISTORIC PRESERVATION, OHP-RS-8, DESIGNATING THE PROPERTY (Buss) LOCATED AT 747 WEST BENTON STREET AS AN HISTORIC LANDMARK be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4028, Bk. 45, p. 36, AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING (OPDH-12) PRELIMINARY PLAN FOR SILVERCREST TO ALLOW FOUR 4-UNIT TOWNHOUSE STYLE BUILDINGS AND FOUR 24-UNIT INDEPENDENT LIVING BUILDINGS FOR ELDERLY RESIDENTS ON 12.18 ACRES, LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF AMERICAN LEGION ROAD, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by Champion, seconded by O'Donnell, to move Item 5h, vacation of property at 801 Highway 1 West (Carousel Motors), to Item 8c. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Lehman left the room due to a conflict of interest. Mayor Pro tem Vanderhoef presiding. Moved by Wilburn, seconded by O'Donnell, that ORD. 02- 4029, Bk. 45, p. 37, AMENDING THE ZONING ORDINANANCE BY CHANGING Complete Description Page 6 August20,2002 THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY, RS-8 AND LOW DENSITY MULTI-FAMILY, RM-12 TO MEDIUM DENSITY MULTI- FAMILY PLANNED DEVELOPMENT OVERLAY, OPDH-20 FOR 2.12 ACRES OF PROPERTY LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET (Oaknoll), be passed and adopted. The Mayor Pro tem declared the ordinance adopted, 5/1, with the following division of roll call vote: Ayes: Kanner, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab. Abstaining: Lehman. Mayor Lehman returned to the meeting and now presiding. Moved by Champion, seconded by Vanderhoef, that ORD. 02-4030, Bk. 45, p. 38, CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY MULTI- FAMILY NEIGHBORHOOD CONSERVATION, RNC-20, TO SENSITIVE AREAS OVERLAY- MEDIUM DENSITY MULTI-FAMILY NEIGHBORHOOD CONSERVATION, OSA/RNC-20, FOR A .41-ACRE PROPERTY LOCATED AT 341 N. RIVERSIDE DRIVE (Apehouse), be passed and adopted. Affirmative roll call unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Kanner, to accept correspondence from Gary Klinefelter. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 02-4031, Bk. 45, p. 39, CHANGING THE ZONING DESIGNATION FROM LOW DENSITY MULTIFAMILY RESIDENTIAL, RM-12, TO SENSITIVE AREAS OVERLAY-LOW DENSITY MULTIFAMILY RESIDENTIAL, OSA/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, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Pfab, Kanner. Absent: None. Moved by Pfab, seconded by Champion, to adopt RES. 02-279, Bk. 128, p. 279, APPROVING AMENDED PRELIMINARY AND FINAL PLAT OF WILD PRAIRIE ESTATES, PART 4, IOWA CITY, IOWA. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Transit Re-Roofing 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 O'Donnell, to adopt RES. 02-280, Bk. 128, p. 280, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT RE- ROOFING 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 Highway 6 Landscape Improvements project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Civil Engr. Spitz present for discussion. Complete Description Page 7 August 20, 2002 Moved by Pfab, seconded by Vanderhoef, to adopt RES. 02-281, Bk. 128, p. 281, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of 32,710 square feet of vacated frontage road right-of-way along the frontage of 801 Highway 1 West, to Diane H. Williamson. Atty. Thomas Hobart representing Diane Williamson appeared. Moved by O'Donnell, seconded by Champion, to accept correspondence from Atty. Thomas Hobart. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-282, Bk. 128, p. 282, AUTHORIZING CONVEYANCE OF 32,710 SQUARE FEET OF VACATED FRONTAGE ROAD RIGHT-OF-WAY ALONG THE FRONTAGE OF 801 HIGHWAY 1 WEST, TO DIANE H. WlLLIAMSON. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. The Mayor announced that Council would be considering item 5h at this time. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 02-4032, Bk. 45, p. 40, VACATING 32,710 SQUARE FEET OF FRONTAGE ROAD RIGHT-OF-WAY ALONG THE FRONT OF THE PROPERTY AT 801 HIGHWAY 1 WEST (Carousel Motors), be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab, Kanner. Absent: None. Moved by Wilburn, seconded by Vanderhoef, that ORD. 02-4033, Bk. 45, p. 41, 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, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by O'Donnell, that ORD. 02-4034, Bk. 45, p. 42, 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; AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, be passed and adopted. The Mayor declared the Complete Description Page 8 August 20, 2002 ordinance adopted, 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 Pfab, that ORD. 02-4035, Bk. 45, p. 43, 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, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Pfab, that ORD. 02-4036, Bk. 45, p. 44, 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, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Pfab, seconded by Vanderhoef, that ORD. 02-4037, Bk. 45, p. 45, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE L 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, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, that ORD. 02-4038, Bk. 45, p. 46, 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, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Pfab, to adopt a resolution approving a call to artists for a sculpture at the Iowa City Water Plant site. PCD Director Franklin present for discussion. In response to PCD Director Franklin, a majority of Council indicated their preference to not support public art with water funds. Individual Council Members expressed their views. Original motion withdrawn. Moved by Vanderhoef, seconded by O'Donnell, to defer indefinitely and refer back to the Art Committee for public input. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to adopt RES. 02-283, Bk. 128, p. 283, APPROVING THE 2002-2003 DEER MANAGEMENT PLAN FOR IOWA CITY. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description Page 9 August 20, 2002 Moved by Pfab, seconded by Vanderhoef, to adopt RES. 02-284, Bk. 128, p. 284, AUTHORIZING THE APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT FUNDS FROM THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE ADDITION OF A TWO-WAY LEFT-TURN LANE BETWEEN GILBERT STREET AND JUST WEST OF JOHNSON STREET AND THE WIDENING OF THE BRIDGE NEAR VAN BUREN STREET FROM FOUR TO FIVE LANES ON BURLINGTON STREET. 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. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-285, Bk. 128, p. 285, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2003 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 02-286, Bk. 128, p. 286, AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 02-287, 'Bk. 128, p. 287, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA. 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 Vanderhoef, to adopt RES.02-288, Bk. 128, p. 288, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, ail Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 02-289, Bk. 128, p. 289, REJECTING BIDS RECEIVED ON AUGUST 6, 2002 FOR THE 2002 CURB RAMP PROJECT AND RE-BIDDING THE PROJECT, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING THE 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 Pfab, seconded by Champion, to adopt RES. 02-290, Bk. 128, p. 290, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE VOICE COMMUNICATIONS - PHASE 2 OUTSIDE PLANT PACKAGE PROJECT to Gabe's Construction Co., for $528,600.00. Individual Council Members expressed their views. 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 Vanderhoef, seconded by O'Donnell, to adopt RES. 02-291, Bk. 128, p. 290, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Complete Description Page 10 August 20, 2002 ATTEST PERMITS/AGREEMENTS NECESSARY FOR CONSTRUCTION OF THE VOICE COMMUNICATIONS PHASE 2 OUTSIDE PLANT PACKAGE PROJECT. 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. 02-292, Bk. 128, p. 292, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ANIMAL SHELTER HVAC PROJECT: PHASE II to Ace Refrigeration for $40,125.00. 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 make the following appointments to Boards and Commissions: Baron Thrower, 63 Kennedy Parkway, to the Airport Commission to fill an unexpired term ending March 1, 2004; Mark McCallum, 811 E. College Street, to the Historic Preservation Commission to fill an unexpired term ending March 29, 2003 representing the College Green District; Mark Edwards, 1754 Lakeside Drive, to fill a three year term, September 1,2002- September 1,2005 and Morgan Hoosman, 424 Douglas Court, to fill an unexpired term ending September 1, 2003 on the Housing and Community Development Commission. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted no applications had been received for the Airport Zoning Board of Adjustment to fill an unexpired term ending December 31, 2003; Airport Zoning Commission for two appointments to fill unexpired terms, ending December 31,2003, and December 31,2005, and announced all three would be readvertised. The Mayor announced one current vacancy on the Housing and Community Development Commission to fill an unexpired term ending September 1,2004. Applications must be received by 5:00 p.m., Wednesday, October 2, 2002. Council Member Pfab noted the repair work being done to the railroad tracks on Dubuque Street and on Kirkwood Avenue, and stated he hoped it holds up. Council Member Champion stated someone had approached her regarding establishing a handicap accessible place on Iowa River for fishing, preferably near City Park. Majority of Council asked the matter be referred to the Parks & Recreation Commission; noted the long work session held the previous evening and complimented Council for their attention given to each matter; asked staff to review the signage on Tower Place Parking Ramp, noting the danger to pedestrians when cars exit the far right lane, staff will follow-up and report back. Council Member O'Donnell also mentioned the long work session the previous evening and his sense that everyone got along fairly well; and suggested a "fish off" between the City Managers and Council Members of Coralville and Iowa City near the crosswalk by River Power in Coralville. Council Member Wilbum elaborated on comments made the previous evening concerning the racial profiling study results from the Iowa City Police Department, and noted people may draw their own conclusions about the issue and the study; but asked the public to consider things that we are doing better only being done by a few cities in the State. Council Member Kanner reported on events held in observance of Irving Weber Day, and thanked individuals involved; announced nominations were being accepted for the Iowa City Human Rights Award and annual awards from the Chamber of Commerce; annual garage sale at Old Brick Friday and Saturday, August 23-24 benefiting mental ill; his office hours at the Civic Center August 24; and Complete Description Page 11 August 20, 2002 noted the last Friday of each month a gathering of bicycle riders will gather at the Peal Mall at 4:59 p.m. to promote bicycling and alternative modes of transportationl The Mayor noted the Sertoma Breakfast/Fly In scheduled for August 25. Moved by Pfab, seconded by Vanderhoef, to adjourn 9:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk