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HomeMy WebLinkAbout2002-09-24 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 24, 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, McCafferty, Schmadeke, Lower. Council minutes tape recorded on Tape 02-73, Side 2; Tape 02-76, Both Sides. The Mayor acknowledged a bet between the Mayor of Ames and himself whereby the Mayor of the losing City in the Iowa-Iowa State football game would wear the opposing team shirt at the next Council meeting; and displayed a Cyclone shirt and Hawkeye helmet. 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 and to consider as a separate item 2e(3) setting a public hearing regarding amendments to the FY03 Annual Action Plan Budget: Approval of Official Council Actions for special meetings of September 9 and September 10, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Airport Commission - August 6. Iowa City Airport Commission - August 8. Iowa City Airport Commission - August 29. Iowa City Board of Adjustment - August 14. Iowa City Board of Adjustment - August 21. Iowa City Board of Appeals - June 3. Iowa City Board of Appeals - June 11 Recommendation: Adopt the 2000 International Fire Code with Approved Local Amendments. Iowa City Board o[ Appeals - August 5. Iowa City Human Rights Commission - July 23. Planning and Zoning Commission - August 1. Planning and Zoning Commission - August 15. Police Citizens Review Board - July 9. Motions: approve disbursements in the amount of $13,613,358.09 for the period of August 1 through August 31, 2002, as recommended by the Finance Director subject to audit. Permit Motions and' Resolutions as Recommended by the City Clerk. New: Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Gas #1,260 Stevens Dr. Renewals: Class C Liquor License for Mondo's of Iowa City, Inc., dba Mondo's, 212 S. Clinton St. Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E. College St. Class C Liquor License for Devotay, Inc., dba Adagio, 325 E. Washington St. Outdoor Service Area for Devotay, Inc., dba Adagio, 325 E. Washington St. Class C Beer Permit for On The Go Convenience Stores, Inc., dba On The Go Convenience Stores, Inc., 2315 Muscatine Ave. Class C Beer Permit for DeliMart Corp., dba DeliMart #5, 206 E. Benton St. Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle,115 E. Washington St. Class C Beer Permit for Inland Transport Co., dba Scott Boulevard Hawkeye Convenience Store, 2875 Commerce Dr. Class C Beer Permit for Dan's Short Stop, Corp., dba Dan's Short Stop, Corp., 2221 Rochester Ave. Class C Beer Permit for Nordstrom Oil Co., dba Sunset HandiMart, 1410 Willow Creek Dr. Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St. Class C Beer Permit for Kum & Go, L.C., dba Kum & Go #51,323 E. Burlington St. Class B Wine Permit for Kum & Go, L.C., dba Kum & Go #51,323 E. Burlington St. Class C Beer Permit for Kum & Go, L.C., dba Kum & Go #52, 25 W. Burlington St. Complete Description Page 2 September 24, 2002 Class C Beer Permit for Kum & Go, L.C., dba Kum & Go #53, 955 Mormon Trek Blvd. RES. 02-321, Bk. 128, p. 321, TO ISSUE DANCING PERMIT for Mondo's of Iowa City, Inc., dba Mondo's, 212 S. Clinton St. Setting Hearings, Bk. 128: RES. 02-322, p. 322, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,155,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-323, p. 323, SETTING A PUBLIC HEARING ON AMENDING THE FY2003 OPERATING BUDGET. Resolutions, Bk. 128: RES. 02-324, p. 324, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 629 DIANA COURT, IOWA CITY, IOWA. RES. 02-325, p. 325, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EMERGENCY VEHICLE ACCESS EASEMENT AGREEMENT WITH EDWARD JONES FOR LOTS 66 AND 67, SCOTT BOULEVARD EAST, PART III, IOWA CITY, IOWA. RES. 02-326, p. 326, ACCEPTING THE WORK FOR THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN PROJECT. RES. 02-327, p. 327, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2002. Correspondence: Sarah Fiala regarding Stepping Up. Eric Hull regarding Taxi Service. Chad McGinnis regarding Disorderly Houses [staff response included]. Dennis Kowalski regarding Wastewater Fees [staff response included]. John Burke regarding Iraq. Bob Thompson regarding Housing Relations Task. Caroline Dieterle regarding Plastic Recycling. Garret Locke regarding Building Permit [staff response included]. Nate Steele regarding Uncontrolled Intersections. Jeanine Redlinger regarding City High Mock Board Meeting [staff response included]. Caroline Dieterle regarding Medical Marijuana. Dori Ribeiro de Oliveira regarding Soda in Schools. Mike Welter regarding Kanner Press Conference. JCCOG Traffic Engineering Planner regarding Installation of Eight STOP Signs at Eight Intersections in the Windsor Ridge Neighborhood. Installation of NO PARKING ANYTIME Signs on the West Side of Heinz Road between US Highway 6 and the General Mills Driveway. Installation of School Crosswalk Pavement Marking and Signs on Brookwood Drive. Installation of NO PARKING ANYTIME Signs and TOW-AWAY ZONE Signs on Both Sides of the Lexington Avenue Traffic- Calming Barricade. Council Member Kanner acknowledged the year end report mandated by IDOT, and the number of dollars spent on streets and parking in the City. Affirmative roll call vote, 7/0, all Council Members present. The Mayor declared the motion carried. Council Member Wilburn stated he has a conflict of interest on the item deleted from the Consent Calendar for separate consideration and left the meeting. Moved by Champion, seconded by O'Donnell, to set a public hearing for October 8 regarding amendments to the FY03 Annual Action Plan budget, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps) as amended, and 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. The Complete Description Page 3 September 24, 2002 Mayor declared the motion carried unanimously, 6/0, Wilbum abstaining. Council Member Wilburn returned to the meeting. Airport Commissioners Alan Ellis and Rick Mascari updated Council at activities at the Airport. Senior Center Commissioner Lori Benz briefed Council on activities at the Senior Center. The following individuals appeared regarding Council discussion to proceed with a resolution considering the removal of Council Member Kanner from JCCOG: Dawn Mueller, 1220 Village Road; and Anna Buss, PO Box 2807. Moved by Champion, seconded by O'Donnell, to set a public hearing for October 8 on an ordinance changing the zoning designation from Low-Density Multi- Family (RM-12) to Sensitive Areas Overlay Low-Density Multi-Family (OSA-12) on 1.06 acres to allow a 14-unit multi-family building located on the west side of First Avenue south of Stuart Court. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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 following individuals appeared: William Knabe, 1101 Weeber Circle; Judith Klink, 1101 Harlocke St.; and Tom Waters, 906 Hadocke St. Moved by O'Donnell, seconded by Kanner, to accept correspondence from Esther C. Otto, Barbara Buss, and Steve Carson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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 (Ruppert) 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. Judith Klink, 1101 Harlocke St., appeared. PCD Director Franklin present for discussion. A public hearing was held 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 following individuals appeared: Steve Laughlin, Shoemaker and Haaland Engineers working with the University of Iowa; Larry Wilson, University of Iowa; and Susan Hense, attorney for CRANDIC. A public hearing was held on an ordinance vacating Grand Avenue Court from Melrose Avenue (University) to a line 295 feet to the north of Melrose Avenue. The following individuals appeared: Jean Walker, 335 Lucon; Michael Maharry, Historic Preservation Chairperson; Rod Lehnertz, University of Iowa; and Larry Wilson, University of Iowa. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Michaelanne Widness and Jean Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance vacating portions of (CRANDIC) Front Street and Prentiss Street generally located south of Burlington Street and west of Madison Street. Susan Hense, attorney for CRANDIC, appeared. Moved by O'Donnell, seconded by Pfab, that 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, be given first Complete Description Page 4 September 24, 2002 vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Pfab, that 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, 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 ORD. 02-4040, Bk. 45, p. 48, CONDITIONALLY REZONE APPROXIMATELY 1.14 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SOUTH RIVERSIDE DRIVE AND COMMERCIAL DRIVE FROM GENERAL INDUSTRIAL, I-1, TO INTENSIVE COMMERCIAL, C1-1 (Cringer), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Pfab, that ORD. 02-4041, Bk. 45, p. 49, AMENDING THE ZONING ORDINANCE BY CHANGING 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- LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF SCOTT BOULEVARD AND NORTH OF WELLINGTON DRIVE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 02-328, Bk. 128, p. 328, APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN, PART XXII, 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 O'Donnell, to defer to October 8 the resolution approving the final plat of Village Green, Part XXII, a 9.31-acre, 24-1ot residential subdivision located north of Wellington Road and west of Scott Boulevard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a purchase agreement between the City of Iowa City and the University of Iowa for the old water plant property located on Madison Street in Iowa City and authorizing the Mayor to sign and the City Clerk to attest any document of conveyance required by said agreement. No one appeared. Moved by Pfab, seconded by Vanderhoef to adopt RES. 02-329, Bk. 128, p. 329, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR THE OLD WATER PLANT PROPERTY LOCATED ON MADISON STREET IN IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN AND THF CITY CLERK TO ATTEST ANY DOCUMENT OF CONVEYANCE REQUIRED BY SAID AGREEMENT. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, that the ordinance amending City Code Title 14, entitled, "Uniform Development Code," Chapter Five, entitled, "Building and Housing," Article E, entitled, "Housing Code" to require that all landlords and tenants execute a lease addendum and by deleting the requirement that the city provide written notification of housing violations before issuing a municipal infraction, be given first vote. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Complete Description Page 5 September 24, 2002 Moved by O'Donnell, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, 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 second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 02-330, Bk. 128, p. 330, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF ']'HE TRANSIT RE-ROOFING PROJECT to Dryspace, Inc. for $112,228.00. 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. 02-331, Bk. 128, p. 331, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2002 CURB RAMP PROJECT to Knish Corporation for $ 58,554.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, that the ordinance amending Title 6, Public Health and Safety, Chapter 7, Smoking in Food Establishments, Section 5, exception, to clarify that each establishment shall be allowed only one temporary one-year exception, be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Lehman, Pfab, Vanderhoef, Wilburn, Champion, Kanner. Nays: O'Donnell. Absent: None. Individual Council Members expressed their views. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-332, Bk. 128, p. 332, RESCINDING RESOLUTION NO. 01-353 AND THEREBY TERMINATING THE NEIGHBORHOOD HOUSING RELATIONS TASK FORCE. 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. 02-333, Bk. 128, p. 333, AMENDING THE BUDGETED POSITIONS IN THE LIBRARY BY DELETING ONE SENIOR LIBRARIAN POSITION AND ADDING ONE LIBRARY SYSTEMS MANAGER POSITION AND AMENDING THE ADMINISTRATIVE PAY PLAN BY ADDING THE POSITION OF LIBRARY SYSTEMS MANAGER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-334, Bk. 128, p. 334, AMENDING THE BUDGETED POSITIONS IN THE RECREATION AND CEMETERY DIVISIONS OF THE PARKS AND RECREATION DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY DELETING THE POSITIONS OF SENIOR MAINTENANCE WORKER - RECREATION AND SENIOR MAINTENANCE WORKER - CEMETERY AND ADDING THE POSITIONS Complete Description Page 6 September 24, 2002 OF RECREATION MAINTENANCE SUPERVISOR AND CEMETERY SUPERVISOR. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 02-335, Bk. 128, p. 335, AMENDING THE AFSCME AND ADMINISTRATIVE PAY PLANS BY DELETING THE POSITIONS OF SECTION 8 COORDINATOR AND PUBLIC HOUSING COORDINATOR FROM THE AFSCME PAY PLAN AND ADDING THE POSITIONS OF SECTION 8 COORDINATOR AND PUBLIC HOUSING COORDINATOR TO THE ADMINISTRATIVE PAY PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 02-336, Bk. 128, p. 336, APPROVING MCC IOWA, INC.'S REQUESTED RATE INCREASE AND ESTABLISHING MAXIMUM PERMITTED RATES FOR BASIC CABLE SERVICE. 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 O'Donnell, seconded by Vanderhoef, to accept correspondence from Daissy Owen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-337, Bk. 128, p. 337, AUTHORIZING INDEMNIFICATION FOR PUNITIVE DAMAGES CLAIMED IN THE LAWSUIT BROUGHT AGAINST THE CITY EMPLOYEES BY CITY EMPLOYEE JAMIE JENN IN CONNECTION WITH WORK-RELATED INJURIES SUSTAINED ON AUGUST 21,2000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the vacancies on the Airport Zoning Commission to fill unexpired terms ending December 31,2003 and December 31,2005 and vacancy on the Airport Zoning Board of Adjustment to fill an unexpired term ending December 31,2003, will be readvertised. The Mayor noted the previously announced vacancy: 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 Champion encouraged anyone interested in making a contribution to the Englert to do it now to help secure the $800,000 grant from Vision Iowa. Council Member O'Donnell reminded everyone of the joint meeting scheduled for September 25 in Coralville. Council Member Wilburn offered condolences to Vicki Lensing on the recent death of her grandmother, noting how much support she gives folks in her business. Council Member Kanner invited individuals to an open house for the Iowa City car coop on September 26; announced office hours for September 28 at the Civic Center Lobby Conference Room; reported on his attendance at the State League meeting and will provide a written summary soon; reminded citizens of Critical Mass, a bicycle rally scheduled fir September 27; and encouraged citizens to contact US representatives and senators about the nation's posturing for war in Iraq. Mayor Lehman encouraged all Council Members and the public to attend the Human Rights breakfast on September 26. City Mgr. Atkins reported that the City has been awarded this year's recipient of the Iowa Municipal Recycling Program of the year by the State Department of Natural Resources. Mayor Lehman appointed Council Members Champion and Vanderhoef to the human service joint funding hearing starting in November. Complete Description Page 7 September 24, 2002 Council Member Vanderhoef wished belated birthday wishes to Council Member Wilburn who turned 38 on the 21st. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 9:07 p.m. The Mayor declared the motion carried unanimously, 7/);~'~1Cou. ncil Membe~ Ernest W. Lehman, Mayor Marl'an K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the ~ 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 - 9/9/02 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, P[ab, Vanderhoef, Wilburn. Absent: None. Moved and seconded by to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 6:55 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Cler~ / Submitted for publication - 9/17/02 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 9/10/02 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: September 11,2001, Fire Chief Rocca and Po[ice Chief Winkelhake, accepting; Constitution Week- September 15-21, Sabrina AIberhasky, 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 and seconded to move up items 8, 9, 10, and 11 on the agenda to this time. The Mayor declared the motion carried. A public hearing was held on conveyance of a single family home located at 1821 B Street. Moved and seconded to adopt RES. 02-293, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1821 B STREET. A public hearing was held on the conveyance of a single family home located at 3410 Shamrock Drive to the tenant. Moved and seconded to adopt RES. 02-294, AUTHORIZING CONVEYANCE OFA SINGLE FAMILY HOME LOCATED AT 3410 SHAMROCK DRIVE TO THE TENANT. A public hearing conveyance of a single family home located at 244 Amhurst Street to a public housing program tenant. Moved and seconded to adopt RES. 02-295, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME L©CATED AT 244 AMHURST STREET TO A PUBLIC HOUSING PROGRAM TENANT. A public hearing was held on conveyance of a single family home located at 2409 Aster avenue. Moved and seconded to adopt RES. 02-296, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2409 ASTER AVENUE. 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 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 and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended as follows: Official Actions September 10, 2002 Page 2 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 Highlander Inn, 2525 N. Dodge St. Special Class C Liquor License for Motley Cow Cafb, 327 E. Market St. Class C Liquor License for Palace Pizzeria & Bar, 124 S. Dubuque St. Renewals: Class C Liquor License for Diamond Dave's, 201 S. Clinton St. Outdoor Service Area for Diamond Dave's, 201 S. Clinton St. Class C Beer Permit for New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Class B Wine Permit New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Special Class C Liquor License for Cottage Bakery & Cafe, 14 S. Linn St. Class C Beer Permit for Gasby's, 1310 S. Gilbert St. Class B Beer Permit for Duds N Suds, 5 Sturgis Corner Dr. Class C Beer Permit for T & M Mini Mart, 2601 Hwy 6 East. RES. 02-297, ISSUE DANCE PERMIT to Highlander Inn, 2525 N. Dodge St. Refund an unused portion of a Class B Liquor License for Radisson Hotel, 2525 N. Dodge St. New: Class C Liquor License for Mc Innerneys, 161 Highway 1 West. Outdoor Service Area for Mc Innemeys, 161 Highway 1 West. Setting Hearings: RES. 02-298, 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, FIXING TIME, DATE AND PLACE FOR HEARING ON A PROPOSED CIVIL PENALTY OF $300.00 AGAINST THE SUMMIT. RES. 02-300, FIXING TIME, DATE AND PLACE FOR HEARING ON SUSPENDING THE RETAIL CIGARETTE PERMIT OF NORTH DODGE EXPRESS FORA PERIOD OF THIRTY DAYS. RES. 02-301, FIXING TIME, DATE AND PLACE FOR HEARING ON SUSPENDING THE RETAIL CIGARETTE PERMIT OF SUBURBAN AMOCO - KEOKUK STREET FORA PERIOD OF THIRTY DAYS. Resolutions: RES. 02-302, ACCEPTING THE WORK FOR THE FOSTER ROAD GRADING AND WATER MAIN PROJECT. RES. 02-303, 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, 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, AUTHORIZING THE FILING OF AN APPLICATION WITH THE Official Actions September 10, 2002 Page 3 IOWA DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION ENHANCEMENT FUNDS. RES. 02-306, 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, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORE #51. RES. 02-308, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE TOBACCO BOWL. RES. 02-309, 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, FOR A SIDEWALK CAFI~. RES. 02-310, 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-311, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION ENHANCEMENT FUNDS. 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 and seconded 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. Moved and seconded 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 Official Actions September 10, 2002 Page 4 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. The Mayor declared the motion carried. Moved and seconded to set a public hearing for September 24 on an ordinance 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to set a public hearing for September 24 on an ordinance vacating portions of Front Street and Prentiss Street generally located south of Burlington Street and west of Madison Street. The Mayor declared the motion carried. 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. 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. 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 passes be suspended, the second consideration and vote be waived, and that ORD. 02-4039, 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 PLANNED 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. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from Atty. Michael J. Pugh. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-312, APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE, PART 16-20, IOWA CITY, IOWA. 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 second consideration. 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 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-313, APPROVING THE PRELIMINARY PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, PART 2, IOWA CITY, IOWA. Official Actions September 10, 2002 Page 5 A public hearing was held on proceedings to take additional action for the issuance of not to exceed $10,000,000 water revenue bonds. Moved and seconded to adopt RES. 02-314, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 WATER REVENUE BONDS. A hearing was held on a $300.00 civil penalty against K-mart, 901 Hollywood Blvd, pursuant to Iowa Code Section 453a.22(2). Johnson County Atty. J. Patrick White appeared. Moved and seconded to adopt RES. 02-315, ASSESSING A $300.00 CIVIL PENALTY AGAINST K-MART. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Stephen Locher, and Margaret Ketterer. The Mayor declared the motion carried. Moved and seconded 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 Mayor declared the motion carried. Moved and seconded to adopt RES. 02-316, ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE BUILDING INSPECTION DIVISION OF THE DEPARTMENT OF HOUSING AND INSPECTION SERVICES. Moved and seconded to adopt RES. 02-317, 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, 120 BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC. d/b/a VITO'S, FOR A SIDEWALK CAFI~. Moved and seconded to adopt RES. 02-318, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND GERRY AMBROSE. Moved and seconded to amend the agreement changing the maximum amount of tax rebate from $500,000 to a maximum of $400,000. Clara Oleson, Springdale, and applicantJdeveloper Gerry Ambrose appeared. The Mayor declared the motion to amend carried. Moved and seconded to call the question on the resolution as amended. The Mayor declared the motion calling the question carried. The Mayor declared the resolution adopted as amended. Moved and seconded to adopt RES. 02-319, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION QF THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 02-320, 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. 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 Official Actions September 10, 2002 Page 6 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. Moved and seconded to adjourn 9:10 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/M~arian K. Karr, City C~le, rk Submitted for publication - 9/18/02 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 9, 2002 Iowa City City Council, special meeting, 6:30 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab (6:33 p.m.), Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr. Council minutes recorded on Tape 02-70, Side 1. Moved by Champion, seconded by O'Donnell, to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session at 6:34 p.m. Council returned to open session 6:53 p.m. Moved by Kanner, seconded by Vanderhoef, to adjourn the special meeting at 6:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES 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. HIS 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, FOR A SIDEWALK CAFI~. 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 Wilburn, seconded by O'D0nnell, 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 PLANNED 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 SlLVERCREST RESIDENTIAL COMMUNITY, PART 2, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, ail 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 Vanderhoefl 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 Blvd, 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 O'Donnell, to adopt RES. 02-316, Bk. 128, p. 316, ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF 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 Oleson, Springdale, and applicantJdeveloper 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, O'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 $57,864.40. 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 Vanderhoef, to adjourn 9:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk