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
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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
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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
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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;
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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
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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
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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
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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.
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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
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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.
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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