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HomeMy WebLinkAbout2002-10-08 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 OCTOBER 8, 2002 Iowa City City Council meeting, 7:00 p.m. Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present. Atkins, Helling, Dilkes, Karr, Franklin, Nasby, Boothroy, O'Malley, Goodman-Herbst. Council minutes tape recorded on Tape 02-79, Both Sides; Tape 02-80, Both Sides; Tape 02-81, Side 1. The Mayor proclaimed: Domestic Violence Awareness Month - October; Founder's Day - October 20, Mark Latta, Area 36, Governor Toastmasters International, accepting. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meetings of September 23 and September 24, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing and Community Development Commission - June 13. Iowa City Public Library Board of Trustees - August 22. Iowa City Telecommunications Commission - July 28 Recommendation: Approve the changes to the City Channel Guidelines. Iowa City Telecommunications Commission - September 9. Planning and Zoning Commission - September 5. Police Citizens Review Board - July 9 Senior Center Commission - August 20. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Diamond Daves Taco Co. Leasing Corp., dba Diamond Daves Taco Co., 1604 Sycamore St. #330. Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge Street. Special Class C Liquor License for Tropical Chill, Inc., dba Baldy's Wraps, 18 S. Clinton St. Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct. Outdoor Service Area for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct. Class C Beer Permit for Krishna, Inc., dba Mini Mart, 731 S. Riverside Dr. Class C Beer Permit for Kmart Corp., dba Big Kmart #4315, 901 Hollywood Blvd. Class B Wine Permit for Kmart Corp., dba Big Kmart #4315, 901 Hollywood Blvd. Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St. Setting Hearings, Bk. 128: SET A PUBLIC HEARING FOR OCTOBER 22 ON AN ORDINANCE REGULATING AND RESTRICTING THE USE AND HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH IN THE VICINITY OF THE IOWA CITY MUNICIPAL AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING BOUNDARIES THEREOF: DEFINING CERTAIN TERMS USED IN SAID ORDINANCE; REFERRING TO THE IOWA CITY MUNICIPAL AIRPORT ZONING MAP AS PART OF THE ORDINANCE; ESTABLISHING AN AIRPORT ZONING COMMISSION; ESTABLISHING AN AIRPORT ZONING BOARD OF ADJUSTMENT; PROVIDING FOR ENFORCEMENT AND IMPOSING PENALTIES. Resolutions, Bk. 128: RES. 02-338, p. 338, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL SALVAGE BARN AND FURNITURE PROJECT BUILDING PROJECT. RES. 02-339, p. 339, ACCEPTING THE WORK FOR THE SENIOR CENTER BUILDING ENVELOPE WATERPROOFING PROJECT. RES. 02-340, p. 340, ACCEPTING THE Complete Description Page 2 October 8, 2002 WORK FOR SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PHASE II OF WINDSOR RIDGE- PART FIFTEEN AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-341, p. 341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA FOR THE COMMERCIAL SPACE REMAINING TO BE SOLD AT TOWER PLACE AND PARKING. RES. 02- 342, p. 342, 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 1900-1902 MUSCATINE AVENUE, IOWA CITY, IOWA. RES. 02-343, p. 343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 62 WEST SIDE DRIVE, IOWA CITY, IOWA. RES. 02-344, p. 344, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 507 EAST COLLEGE STREET, IOWA CITY, IOWA. RES. 02-345, p. 345, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1918 HOLLYVVOOD BOULEVARD, IOWA CITY, IOWA. Correspondence: Perry Sparks regarding Transit Service. John Neff regarding Summary of PAULA Arrests. Anne Hesse (Project GREEN) regarding Landscape Design for Medians in Melrose Avenue from West High School to Deer Creek Road. Karen Dawes (representing Board of Directors of Concerned Citizens for Sand Prairie Preservations) regarding Southgate Development. Linda Hoening (2) regarding Alcohol Possession Law [staff response included]. Tom Harkin regarding Federal Emergency Management Agency Grant for Fire Department Improvements. Barbara Wiemer regarding Sidewalk in Front of Thomas Property on First Avenue. JCCOG Traffic Engineering Planner regarding Installation of STOP Signs at Ten Intersections along Barrington Road. Tom DePrenger regarding Underage Drinking. Council Member Kanner noted the correspondence from Karen Dawes regarding the Southgate Development and stated staff would be responding to her soon. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Dawn Mueller, 1220 Village Road, appeared regarding Domestic Violence Awareness Month; announced the Citizens for Public Power website located at www. icpublicpower .org., and alerted citizens of a gubernatorial debate in energy policies scheduled for October 14 in Ames. A public hearing was held on 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. No one appeared. Moved by O'DonneII, seconded by Champion, to accept correspondence from Chris and Paula Streeper. The Mayor declared the motion carried unanimously, 7/0, all Council Members 3resent. Complete Description Page 3 October 8, 2002 Moved by Vanderhoef, seconded by Wilburn, that the 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, be given first vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Pfab, Kanner. Absent: None. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation on a 8.69 acre property located north of State Highway 1 and west of Miller Avenue from High Density Multi-Family Residential (RM-44) to Medium Density Multi-Family Residential (RM-20); Conditionally changing the Zoning designation on a 1.45-acre property located north of Highway 1 and west of Miller Avenue from Community Commercial (CC-2) to Medium Density Multi-Family Residential (RM-20); and Conditionally changing the zoning designation on a 1.45- acre property located north of Highway 1 and west of Miller Avenue from Medium Density Single-Family Residential (RS-8) to Community Commercial (CC-2) (Ruppert), be given first vote. Robynn Shrader, 1104 Weeber Circle, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, that the ordinance vacating the twenty-three-foot wide Grand Avenue Court right-of-way, commencing from the north right-of-way line of Melrose Avenue and extending northward for a distance of two hundred ninety-five feet (University), be given first vote. The following individuals appeared: Michaelanne Widness, 629 Melrose Ave.; and University of Iowa representative Larry Wilson. Individual Council Members expressed their views. Moved by Kanner, seconded by Vanderhoef to defer consideration of the vacation six months. The Mayor declared the motion carried, 4/3, with the following division of roll call vote. Ayes: Kanner, Pfab, Vanderhoef, Wilburn. Nays: Champion, Lehman, O'Donnell. Absent: None. Individual Council Members expressed their views. Majority of Council requested the scope of the transportation study in this area be scheduled for an upcoming work session. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from Lesley H. Menninger, Glenn Ehristine, Jim Ponto, Lowell Soike, Paula Brandt and Jackie Briggs (3), Jean Walker, Michael Maharry, Andrew M. Ives, Jr. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, that the ordinance (University) vacating the 100 block of West Harrison Street right-of-way and a portion extending into the Front Street right-of-way thereof; that part of Harrison Street between the Front Street right-of-way and the Iowa River; that part of the 100 block of West Prentiss between the west right-of-way line of Madison Street and the west right-of-way line of the alley in Block 5 of the County Seat Addition, extended; and the alley right-of-way in Block 5 of said County Seat Addition, be given first vote. University of Iowa representative Dave Ricketts present for discussion. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Champion, that the ordinance vacating portions of (CRANDIC) Front Street south of Burlington Street and a portion of the 100 block of West Prentiss Street, be given first vote. The Mayor declared the motion Complete Description Page 4 October 8, 2002 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 Wilbum, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4042, Bk. 45, p. 50, AMENDING THE PRELIMINARY OPDH-12 SITE PLAN FOR LOT 259 OF WINDSOR RIDGE, PART 15, GLEN BROOK CONDOMINIUMS, A 4.06-ACRE, SINGLE-LOT SUBDIVISION AT THE INTERSECTION OF COURT STREET AND 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 Wilburn, 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 motion carried. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Duane A. Musser. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, that the ordinance amending City Code Title 14, Chapter 6, Entitled "Zoning," Article H, Entitled "Industrial Zones," Section 1, Entitled "General Industrial Zone." to allow repair of commercial and industrial trucks as a provisional use, 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. 02-346, Bk. 128, p. 346, AMENDING THE COMPREHENSIVE PLAN, TO INCLUDE THE SOUTHWEST DISTRICT PLAN AS RECOMMENDED BY THE IOWA CITY PLANNING AND ZONING COMMISSION ON AUGUAT 15, 2002. 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 accept correspondence from Mary Knudson, Karen Schuette and Mary Knudson-Dion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 02-347, Bk. 128, p. 347, APPROVING FINAL 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. A hearing was held on a $300.00 civil penalty against the Summit, 10 S. Clinton Street, pursuant to Iowa Code Section 453A.22(2). Johnson County Atty. J. Patrick White present. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 02-348, Bk. 128, p. 348, ASSESSING A $300.00 CIVIL PENALTY AGAINST THE SUMMIT. Johnson County Atty. J. Patrick White present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was held on a civil penalty of 30-day permit suspension for North Dodge Express, 2790 North Dodge Street, pursuant to Iowa Code Section 453A.22(2). Johnson County Atty. J. Patrick White present. Moved by Pfab, seconded by O'Donnell, to adopt RES. 02-349, Bk. 128, p. 349, SUSPENDING RETAIL CIGARETTE PERMIT OF NORTH DODGE EXPRESS FOR A PERIOD OF THIRTY (30) DAYS. Johnson County Atty. J. Patrick White Complete Description Page 5 October 8, 2002 present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was held on a civil penalty of 30-day permit suspension for Suburban Amoco - Keokuk Street, 1905 Keokuk Street, pursuant to Iowa Code Section 453A.22(2). Johnson County Atty. J. Patrick White and co-owner John Cress present. Moved by O'Donnell, seconded by Pfab, to accept correspondence from John Cress. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 02-350, Bk. 128, p. 350, SUSPENDING RETAIL CIGARETTE PERMIT OF SUBURBAN AMOCO- KEOKUK STREET FOR A PERIOD OF THIRTY (30) DAYS. Johnson County Atty. J. Patrick White present for discussion. Individual Council Members expressed their views. 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 not to exceed $1,155,000 General Obligation Bonds. No one appeared. Moved by O'Donnell, seconded by Pfab, to adopt RES. 02-351, Bk. 128, p. 351, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION NOT TO EXCEED $1,155,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing on a resolution amending the FY2003 Operating Budget. No one appeared. Council Member Wilburn stated he has a conflict of interest on the next item and left the meeting. A public hearing was held on 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 following individuals appeared: Bob Burns, 319 E. Washington St., Garden Prairie Project, and Mary Ann Dennis, Greater Iowa City Housing Fellowship. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Catherine Shaw. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Council Member Wilburn returned to the meeting. Moved by Champion, seconded by Vanderhoef, that the ordinance amending Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 9, entitled "City Plaza Use Permits," Subsection E, entitled "Permanent and Temporary Structures" and amending Title 14, entitled "Unified Development Code," Chapter 4, entitled "Land Control and Development," Article E, entitled "Design Review," to eliminate required approval by the City Council of Design Review Committee decisions and granting approval power solely to the design review committee, be given first vote. Daryl Woodson, 405 S. Gilbert St. appeared. Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following division of roll call vote. Ayes: Lehman, O'Donnell. Nays: Pfab, Vanderhoef, Wilburn, Kanner, Champion. Absent: None. Moved by Champion, seconded by Vanderhoef, that the ordinance amending City Code Title 14, entitled, "Uniform Development Code," Chapter 5, 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 Complete Description Page 6 October 8, 2002 that the city provide written notification of housing violations before issuing a municipal infraction, be given second vote. The following individuals appeared: Anna Buss, 830 Miller Ave.; Larry Svoboda, 16 Cherry Lane NE; Mike Haverkamp, 109 N. Van Buren; Atty. Dennis Mitchell, 122 N. Linn St., representing Greater Iowa City Area Apartment Association; Karen Leigh, 809 E. Bloomington St.; DeLayne Williamson, 830 Ronalds St.; Regenia Bailey, 430 Church St.; Jerry Hansen, 1237 Burns; and Barbara Buss, 747 W. Benton St. HIS Director Boothroy present for discussion. Moved by Kanner, seconded by Pfab, to amend the ordinance by deleting #lb "The names of the tenants, pursuant to the rental agreement, who may occupy said unit, and their driver's license numbers and the state that issued said license". The Mayor declared the motion to amend defeated, 1/6, with the following show of hands: Ayes: Kanner. Nays: Lehman, O'Donnell, Champion, Pfab, Wilburn, Vanderhoef. Absent: None. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Vanderhoef, to accept correspondence from Anne Vespa, Doris Houser and Kayla Cress. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Vanderhoef, 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 second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman. Nays: O'Donnell. Absent: None. Moved by Vanderhoef, seconded by Pfab, that ORD. 02-4043, Bk. 45, p. 51, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 02-4044, Bk. 45, p. 52, 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 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 Wilburn, to adopt RES. 02-352, Bk. 128, p. 352, CHANGING THE NAME OF THE OLD ALIGNMENT OF SCOTT BOULEVARD BETWEEN ROCHESTER AVENUE AND DUBUQUE ROAD TO HARVEST ROAD. 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 O'Donnell, to adopt RES. 02-353, Bk. 128, p. 353, DIRECTING SALE OF $10,600,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description Page 7 October 8, 2002 Moved by Pfab, seconded by Vanderhoef, to adopt RES. 02-354, Bk. 128, p. 354, DIRECTING SALE OF $8,500,000 WATER REVENUE BONDS. 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. 02-355, Bk. 128, p. 355, AUTHORIZING JOINT AGREEMENT BETWEEN THE CITY OF IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. 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. 02-356, Bk. 128, p. 356, AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES. 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. 02-357, Bk. 128, p. 357, TO REMOVE COUNCIL MEMBER STEVEN KANNER FROM THE JCCOG URBANIZED AREA POLICY BOARD DUE TO HIS FAILURE TO VOTE IN ACCORDANCE WITH FORMAL CITY COUNCIL POLICY. Marian Michael, 915 Fairchild St., and Katherine Westholm, 420 E. Jefferson St., appeared. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to postpone the resolution to December 10. The Mayor declared the motion to postpone defeated, 2/5, with the following division of voice vote: Ayes: Kanner, Pfab. Nays: Vanderhoef, Champion, Lehman, O'Donnell, Wilburn. The Mayor declared the motion carried adopting the resolution, 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 appoint Matthew Hayek, 714 Brown Street, to the Housing and Community Development Commission to fill one appointment to an unexpired term ending September 1,2004. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Anna Egeland. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor announced the following current vacancies to boards and commissions: Animal Care & Adoption Center Advisory Board - One vacancy to fill a three year term January 1, 2003 - December 31, 2005; Board of Adjustment- One vacancy to fill a five year term January 1,2003 - Janua~' 1,2008; Board of Appeals - Two vacancies, one representative from the Home Builders' Association, and one Licensed Plumber to fill five year terms January 1,2003 - December 31,2007; Human Rights Commission - Three vacancies to fill three year terms January 1, 2003 - January 1, 2006; Parks and Recreation Commission - Three vacancies to fill four year terms January 1, 2003 - January 1,2007; Public Art Advisory Committee - Two vacancies to fill three year terms January 1,2003 - January 1,2006; Senior Center Commission - Two vacancies to fill three year terms January 1, 2003 - December 31,2005. Applications must be received by 5:00 p.m., Wednesday, November 13. The Mayor noted the announced vacancies: Airport Zoning Board of Adjustment - One vacancy to fill an unexpired term ending December 31,2003; Complete Description Page 8 October 8, 2002 Airport Zoning Commission - Two vacancies 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, October 30, 2002. The Mayor encouraged citizens to become involved in City government, and to contact the City Clerk's office for applications. Council Member Vanderhoef thanked the Chamber of Commerce and advertisers from the Iowa City, Coralville and North Liberty area for the map showing City and County streets recently distributed. Council Member Kanner indicated he would be attending the Parks tour Wednesday evening, and asked staff to confirm that with the department. In response to Council Member Kanner, staff concurred that the Chamber Awards dinner scheduled for Thursday evening was a social event and more than four Council Members could attend. Council Member Kanner reported on his participation in the Mini-renewable energy ride; and thanked U. S. Representative Jim Leach for his vote not to go to war with Iraq and opposing the President's resolution. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 10:15 p.m. The Mayor declared the motion carried unanimously, 7/~a~l Council Member.s~re~--,l~. '~rn~ W. Lehman, IVrayo-r 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 - 9/23/02 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, Pfab, Vanderhoef, Wilburn. Absent: None. Moved and seconded to adjourn to executive session to consider a motion to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 6:52 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/Ma¢~/,(~Z'~¢-'~'¢'~-~K' Karr, City ~-C'l"~r k S u bmittL~d f° r P u blicati°¢~'~- 1_~_/0~2~_ 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 - 9/24/02 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 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 and seconded 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 of 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 Gas #1,260 Stevens Dr. Renewals: Class C Liquor License for Mondo's, 212 S. Clinton St. Class C Liquor License for Givanni's, 109 E. College St. Class C Liquor License for Adagio, 325 E. Washington St. Outdoor Service Area for Adagio, 325 E. Washington St. Class C Beer Permit for On The Go Convenience Stores, Inc., 2315 Muscatine Ave. Class C Beer Permit for DeliMart #5, 206 E. Benton St. Class C Liquor License for Brown Bottle,115 E. Washington St. Class C Beer Permit for Scott Boulevard Hawkeye Convenience Store, 2875 Commerce Dr. Class C Beer Permit for Dan's Short Stop, Corp., 2221 Rochester Ave. Class C Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Class C Liquor License for Micky's Irish Pub, 11 S. Dubuque St. Class C Beer Permit for Kuru & Go #51,323 E. Burlington St. Class B Wine Permit for Kuru & Go #51,323 E. Burlington St. Class C Beer Permit for Kum & Go #52, 25 W. Burlington St. Class C Beer Permit for Kum & Go #53,955 Mormon Trek Blvd. RES. 02-321, TO ISSUE DANCING PERMIT for Mondo's, 212 S. Clinton St. Setting Hearings: RES. 02-322, 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 Official Actions Page 2 September 24, 2002 PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 02-323, SETTING A PUBLIC HEARING ON AMENDING THE FY2003 OPERATING BUDGET. Resolutions: RES. 02-324, 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, 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 Ill, IOWA CITY, IOWA. RES. 02-326, ACCEPTING THE WORK FOR THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN PROJECT. RES. 02-327, 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. 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 and seconded to set a public hearing for October 8 regarding amendments to the FY03 Annual Action Plan budget, that is a sub-pad 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 Mayor declared the motion carried. 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 and seconded 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 Official Actions Page 3 September 24, 2002 multi-family building located on the west side of First Avenue south of Stuart Court. The Mayor declared the motion carried. 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 and seconded to accept correspondence from Esther C. Otto, Barbara Buss, and Steve Carson. The Mayor declared the motion carried. 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 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. A public hearing was held on an ordinance 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 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 and seconded to accept correspondence from Michaelanne Widness and Jean Walker. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating portions of Front Street and Prentiss Street generally located south of Burlington Street and west of Madison Street. Susan Hense, attorney for CRANDIC, appeared. Moved and seconded 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 vote. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded that ORD. 02-4040, 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, Ci-1 be passed and adopted. Moved and seconded that ORD. 02-4041, 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 Official Actions Page 4 September 24, 2002 SUBDIVISION LOCATED WEST OF SCOTT BOULEVARD AND NORTH OF WELLINGTON DRIVE, be passed and adopted. Moved and seconded to adopt RES. 02-328, APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN, PART XXlI, IOWA CITY, IOWA. Moved and seconded 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. 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. Moved and seconded to adopt RES. 02-329, 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 THE CITY CLERK TO ATTEST ANY DOCUMENT OF CONVEYANCE REQUIRED BY SAID AGREEMENT. Moved and seconded 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. The Mayor declared the motion carried. 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 second vote. 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 second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES, 02-330, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN ANB THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TRANSIT RE-ROOFING PROJECT. Moved and seconded to adopt RES. 02-331, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2002 CURB RAMP PROJECT. Moved and seconded 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. Moved and seconded to adopt RES. 02-332, RESCINDING RESOLUTION NO. 01-353 AND THEREBY TERMINATING THE NEIGHBORHOOD HOUSING RELATIONS TASK FORCE. Moved and seconded to adopt RES. 02-333, AMENDING THE BUDGETED POSITIONS IN THE LIBRARY BY DELETING ONE SENIOR LIBRARIAN POSITION AND ADDING ONE LIBRARY SYSTEMS MANAGER POSITION AND AMENDING Official Actions Page 5 September 24, 2002 THE ADMINISTRATIVE PAY PLAN BY ADDING THE POSITION OF LIBRARY SYSTEMS MANAGER. Moved and seconded to adopt RES. 02-334, 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 OF RECREATION MAINTENANCE SUPERVISOR AND CEMETERY SUPERVISOR. Moved and seconded to adopt RES. 02-335, 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. Moved and seconded to adopt RES. 02-336, APPROVING MCC IOWA, INC.'S REQUESTED RATE INCREASE AND ESTABLISHING MAXIMUM PERMITTED RATES FOR BASIC CABLE SERVICE. Moved and seconded to accept correspondence from Daissy Owen. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-337, 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. 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. Moved and seconded to adjourn 9:07 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. Ka. rr, City Clerk Submitted for publication - 10/2/02. 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 23, 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, Vanderhoef, Wilburn. Absent: None. Staff members present: Dilkes, Karr. Council minutes tape recorded on Tape 02-73, Side 1. Moved by Champion, seconded by Kanner, to adjourn to executive session to consider a motion to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session at 6:32 p.m. Council returned to open session 6:50 p.m. Moved by Vanderhoef, seconded by Pfab, to adjourn the special meeting at 6:52 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 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 6. 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 of 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 Oivanni'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. Dod 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. ']'he 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 ~lan. The Complete Description Page 3 September 24, 2002 Mayor declared the motion carried unanimously, 6/0, Wilburn 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 Harlocke 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 Cour~ 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, Cl-1 (Gringer), 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 XXlI, 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 THE 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 THE 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 Wilbum 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, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk