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HomeMy WebLinkAbout2002-10-22 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 22, 2002 Iowa City City Council meeting, 7:00 p.m. Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab (arrived 7:50), Vanderhoef, Wilburn. Staff members present: Atkins, Helling, Holecek, Karr, Franklin, O'Neil, Nasby, Boothroy, Dulek, Lower. Council minutes tape recorded on Tape 02-81, Side 2; Tape 02-84, Side 1. The Mayor proclaimed: Change Your Clock, Change your Battery Day: October 27, Larry Kahler, Iowa City Fire Department, accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Keryth Gadson, Emily Panther, Ben Riley, Kyle Tester. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended: Approval of Official Council Actions for special meeting of October 8, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Animal Care and Adoption Center Advisory Board - January 23. Animal Care and Adoption Center Advisory Board - March 20. Animal Care and Adoption Center Advisory Board - May 22. Animal Care and Adoption Center Advisory Board - August 29. Animal Care and Adoption Center Advisory Board - September 25. Historic Preservation Commission - August 8. Iowa City Airport Commission - September 12. Iowa City Human Rights Commission - September 10. Parks and Recreation Commission - September 4. Planning and Zoning Commission - September 19. Planning and Zoning Commission - October 3. Motion: approve disbursements in the amount of $9,911,956.10 for the period of September 1 through September 30, 2002, as recommended by the Finance Director subject to audit. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for R Y Productions, LC., dba Cage, 220 E. Washington St. Renewals: Class C Liquor License for Yelder Enterprises, Inc., dba Que, 211 Iowa Ave. Class C Beer Permit for Inland Transport Co., dba Hawkeye Convenience Stores-Kirkwood, 300 Kirkwood Ave. Class C Beer Permit for Deli Mart Corp., dba Deli Mart #1,525Hwy 1 West. Class C Liquor License for La Casa, Ltd., dba La Casa, Ltd., 1200 S. Gilbert Ct. RES. 02-358, Bk. 128, p. 358 TO ISSUE DANCE PERMIT for R Y Productions, LC., dba Cage, 220 E. Washington St. and Yelder Enterprises, Inc., dba Que, 211 Iowa Ave. Class C Beer Permit for DJBK, Inc. dba Duds N Suds, 5 Sturgis Corner. (New) Setting Hearings: setting a public hearing for November 5 regarding proposed amendments to Iowa City's 2001-2006 Consolidated Plan (City Steps). RES. 02-359, Bk. 128, p. 359, INTENT TO CONVEY 656 SOUTH GOVERNOR STREET TO GARY HUGHES, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5, 2002. RES. 02- 360, Bk. 128, p. 360, INTENT TO CONVEY 707 WALNUT STREET TO EDWIN TEAGLE, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5,.2002. RES. 02-361, Bk. 128, p. 361, INTENT TO CONVEY VACATED PORTIONS OF RIGHT-OF-WAY ALONG SOUTH FRONT STREET, THE 100 BLOCK OF WEST PRENTISS STREET, THE 100 BLOCK OF WEST HARRISON STREET AND THE ALLEY Complete Description October 22, 2002 Page 2 BETWEEN THE 100 BLOCKS OF WEST PRENTISS AND WEST HARRISON STREET TO THE UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS, WITHOUT COMPENSATION, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5, 2002. Resolutions, Bk. 128: RES. 02-362, p. 362, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR DUCK CREEK CONDOMINIUMS, IOWA CITY, IOWA. RES. 02-363, p. 363, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1507 CROSBY LANE, IOWA CITY, IOWA. RES. 02-364, p. 364, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN ADDENDUM, A REHABILITATION AGREEMENT, A PROMISSORY NOTE, LOW INTEREST LOAN, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 814 BOWERY STREET, IOWA CITY, IOWA. RES. 02-365, p. 365, ACCEPTING THE WORK FOR THE FIRST AVENUE CORRIDOR IMPROVEMENTS PROJECT. RES. 02-366, p. 366, ACCEPTING THE WORK FOR SANITARY SEWER IMPROVEMENTS FOR DUCK CREEK CONDOMINIUMS AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. Correspondence: Harold Stager regarding Sale of Water Plant. Steve Thayer regarding Sewer Backup Problems [multiple staff responses included]. Mark Anderson (Airport Commission) regarding Revenue/Budget. David Baldus and George Woodworth regarding Iowa City Police Stop Study. Andrew Ives (The University of Iowa) regarding Campus Development. Fred VanAIlen regarding Air Pollution. Michaelanne Widness regarding Grand Avenue Court. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME Signs on the West Side of First Avenue between Rochester Avenue and 400 Feet North of Hickory Trail, and installation of STOP Signs on Hickory Trail and Bluffwood Circle at Their Intersection with First Avenue. Installation of NO PARKING ANYTIME Signs on the North and South Sides of Ernest Street. Installation of a STOP Sign at the Intersection of Camden Road and Court Street. Modification of a Commercial Vehicle Loading Zone to a Loading Zone on the East Side of the 100 Block of South Clinton Street. James and Barbara Andrews regarding Melrose Avenue/Grand Avenue Study. Jean Walker regarding Melrose Avenue/Grand Avenue Study. Douglas K. True, University of Iowa: Grand Avenue Vacation. Council Member Kanner noted the intent to convey vacated parts of Front and Harrison to the University of Iowa, and questioned monetary compensation. Asst. City Atty. Holecek stated state statute allows you to convey between governmental bodies without compensation, but does not prohibit it. In response to Council Member Kanner, the City Manager stated staff had communicated numerous times with Steve Thayer regarding the sewer backup problems, and as soon as the matter is resolved staff will report back to Council. Council Member Kanner noted correspondence from David Baldus and George Woodworth concerning the Iowa City Police Stop Study, and stated his desire to continue to explore this issue. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. John Dane, 4082 Dane Road SE, presented a statement requesting reconsideration of the Council decision to close Dane Road. Moved by O'Donnell, seconded by Vanderhoef, to accept the letter from Mr. Dane. The Mayor declared Complete Description October 22, 2002 Page 3 the motion carried unanimously, 6/0, Pfab absent. Julie Spears, Johnson County Homeless Coordinating Board, updated Council on activities of the Board. Jay Honohan, Senior Center Commission Chairperson, reported on the meeting with the Johnson County Board of Supervisors where they have tentatively committed 11% of their 2004 budget to the Senior Center. Moved by O'Donnell, seconded by Vanderhoef, to accept a memo from Senior Center Coordinator Kopping on the Johnson County Operational Funding Update. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Michelle Robnett, Airport Commissioner, updated Council on activities. Moved by Champion, seconded by O'Donnell, to set a public hearing for November 5 on an ordinance amending Title 14 Entitled 'Unified Development Code,' Chapter 6, Entitled 'Zoning,' Article U, entitled 'Administration and Enforcement,' Section 7 Entitled 'Violations and Penalties' to increase the Municipal Infraction Civil Fines for Violating the Zoning Code. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for November 5 on an ordinance to vacate the northern 2' of Benton Street beginning 60' east of Gilbert Street and ending at Maiden Lane (Steve). The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, that 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 voted on for final passage at this time. Paula Streeper, applicant, appeared. The Mayor declared the motion defeated, 5/1 (requires 6), with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: Pfab. Moved by Wilburn, seconded by Vanderhoef that the ordinance be given second vote. The Mayor declared the motion carried, 5/1, with the following division of roll call vote. Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: Pfab. (See reconsideration of this item after Item 12.) Moved by Vanderhoef, seconded by Champion, that the ordinance changing (Ruppert) the zoning designation from 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) Medium Density Multi-Family Residential (RM-20); Conditionally changing the zoning designation on a 1.45 acre property located north of State 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 State Highway 1 and west of Miller Avenue from Medium Density Single-Family Residential (RS-8) to Community Commercial (CC-2), be given second vote. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, to accept correspondence from Bill and Donna Lounspack. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Champion, seconded by O'Donnell, that the ordinance 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 of Madison Street and the west right-of-way line of the alley in Complete Description October 22, 2002 Page 4 Block 5 of the County Seat Addition, extended; and the alley right-of-way in Block 5 of said County Seat Addition (University of Iowa), be given second vote. The Mayor declared the motion carried, 5/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: Pfab. 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 second vote. The Mayor declared the motion carried, 5/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: Pfab. Moved by Vanderhoef, seconded by Champion, that ORD. 02-4045, Bk. 45, p. 53, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE H, ENTITLED "INDUSTRIAL ZONES," SECTION 1, ENTITLED "GENERAL INDUSTRIAL ZONE.", be passed and adopted. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-367, Bk. 128, p. 367, APPROVING FINAL PLAT OF WINDSOR RIDGE PART SIXTEEN, IOWA CITY IOWA, A RESUBDIVISlON OF LOT A, WINDSOR RIDGE, PART FIFTEEN, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion, to send a letter to the Johnson County Board of Supervisors recommending approval of a rezoning from Al, Agricultural, to CP2, Planned Commercial for 54.8 acres located south of Herbert Hoover Highway and west of Interstate 80 subject to conditions pertaining to traffic improvements and sanitary sewer treatment. PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. A public hearing was held on an ordinance amending Title 14, Chapter 8, entitled "Airport Zoning" by repealing the existing chapter in its entirety and replacing same with a chapter 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 herein: referring to the Iowa City Municipal Airport Zoning Map, as amended, which map is adopted by this ordinance: establishing an Airport Zoning Commission: establishing an Airport Zoning Board of Adjustment: providing for enforcement: and imposing penalties. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 02-368, Bk. 128, p. 368, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to approve a Tax Exemption Certificate for $10,600,000 General Obligation Refunding Bonds, Series 2002. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Champion, seconded by O'Donnell, to approve a Continuing Disclosure Certificate for $10,600,000 General Obligation Refunding Bonds, Series 2002. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-369, Bk. 128, p. 369, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $10,600,000 GENERAL OBLIGATION REFUNDING BONDS AND LEVYING A TAX TO PAY SAID BONDS. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. CompLete Description October 22, 2002 Page 5 Moved by O'Donnell, seconded by Vanderhoef, to approve a Tax Exemption Certificate for $8,500,000 Water Revenue Bonds, Series 2002. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Champion, seconded by Vanderhoef, to approve a Continuing Disclosure Certificate. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-370, Bk. 128, p. 370, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $8,500,000 WATER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Council Member Wilburn stated he had a conflict of interest on the next item and left the meeting. Council Member Pfab arrived 7:50 p.m. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-371, Bk. 128, p. 371, ADOPTING IOWA CITY'S AMENDED FY03 ANNUAL ACTION PLAN, THAT IS A PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS 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, 318 E. Washington St.; and Mary Ann Dennis, Greater Iowa City Housing Fellowship. Community & Economic Development Coordinator Nasby present for discussion. Affirmative roll call vote unanimous, 6/0, Wilbum absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to accept correspondence from Bob Burns. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Council Member Wilburn returned to the meeting. Moved by O'Donnell, seconded by Champion, 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 passed and adopted. Moved by Vanderhoef, seconded by Wilburn, to amend ordinance and substitute the second proposal that has been approved by staff, Housing Authority, Renter's Association and neighborhood groups. The Mayor noted that two staff non-substantive changes would include the clarification that minor children of tenants need not sign the acknowledgement form; and that the City will "prepare" the form, not necessarily "furnish" 500 copies to landlords. Hillary Sale and Asst. City Attorney Dulek present for discussion. Individual Council Members expressed their views. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, that the (newly amended) 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 an information disclosure and acknowledgement form and by deleting the requirement that the city provide written notice 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 October 22, 2002 Page 6 Moved by Wilburn, seconded by O'Donnell, to reconsider second consideration of item 6c, 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. Individual Council Members expressed their views. 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 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. 02-4046, Bk. 45, p.54, CHANGING THE ZONING DESIGNATION FOR LOW-DENSITY MULTI-FAMILY RESIDENTIAL, RM-12, TO SENSITIVE AREAS OVERLAY LOW-DENSITY MULTI- FAMILY RESIDENTIAL, 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 voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by O'Donnell, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Wilburn, that ORD. 02-4047, Bk. 45, p. 55, 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 passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Kanner, Lehman, Pfab, Vanderhoef, Wilburn, Champion. Nays: O'Donnell. Absent: None. Moved by Champion, seconded by Vanderhoef, to adopt RES. 02-372, Bk. 128, p. 372, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FARRAGUT SERVICES INC. OF LAFAYETTE, COLORADO, TO PROVIDE CONSULTANT SERVICES FOR DEVELOPMENT OF STORM SEWER MAPPING APPLICATIONS. Civil Engr. Lower present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Airport Zoning Board of Adjustment to fill an unexpired term ending December 31,2003; Airport Zoning Commission to fill two unexpired terms ending December 31,2003 and December 31,2005. Applications must be received by 5:00 p.m., Wednesday, October 30; Animal Care & Adoption Center Advisory Board to fill a three year term January 1, 2003 - December 31,2005; Board of Adjustment to fill a five year term January 1, 2003 - January 1,2008; Board of Appeals to fill 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 to fill three three-year terms January 1,2003 - January 1,2006; Parks and Recreation Commission to fill three four-year terms January 1, 2003 - January 1,2007; Public Art Advisory Committee to fill two three-year terms January 1,2003 - January 1, 2006. Senior Center Commission to fill two three-year terms January 1,2003 - Complete Description October 22, 2002 Page 7 December 31,2005. Applications must be received by 5:00 p.m., Wednesday, November 13. Moved by Pfab, seconded by Champion, to reconsider the motion to defer for six months consideration of 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, and placing said ordinance on the next special formal City Council agenda to be scheduled at the earliest possible time. Individual Council Members expressed their views. The Mayor declared the motion to reconsider carried, 5/2, Vanderhoef and Wilburn voting "no". Majority of Council agreed to schedule a meeting next Tuesday or Wednesday, October 28 or 29, for reconsideration and first vote on the vacation; and schedule second consideration at a special formal preceding the November 4 work session. Staff will follow up. Council Member O'Donnell noted appreciation to Council Member Pfab for requesting reconsideration of University vacation of Grand Avenue Court, and stated he felt badly it had been delayed. Council Member Wilburn stated he didn't feel he was unreasonable in his vote to defer the University vacation of Grand Avenue Court, noting it was unfortunate they let a contract without obtaining formal approval from the City to vacate the street. He acknowledged the efforts of the Coalition Against Domestic Violence and the Senior High Alternative School for pulling together the men leaders of the community for a luncheon to take a stance against men hitting women. Council Member Kanner acknowledged the efforts of Steven McGuire and different student groups for their human silhouettes on the construction fence surrounding the Old Capitol; noted his report on his attendance at the State League meeting included in the information packet; reported on a rotation of agenda review currently being done by the School Board and suggested such a procedure would be helpful for Council, Champion stated the School Board has been doing that for years due to the absence of work sessions; and apologized to the Gazette for his erroneously correcting a mistake reported on the final reading of the ordinance raising fines for nuisance violations, stating it was his intention to vote against all three readings, and mistakenly lost his place on the agenda and voted yes on the final. Council Member Kanner apologized to Frank Gluck and Lyle Muller for asking them to correct that vote which later turned out to be accurate. Mayor Lehman wished Johnson County Attorney J. Patrick White a speedy recovery after bypass surgery; and announced that the skateboard park at Terrell Mill Park would be opening this week-end. Council Member Champion stated she had been informed that the best way to cut down on underage drinking is to enforce occupancy codes, and requested information on this from the Fire Chief. Moved by Vanderhoef, seconded by Wilburn, to adjourn 8:25 p.m. The Mayor declared the motion carried uanimously, 7/0, all . Ernest W. Lehman, Mayor Man'i'an I~ Karr, City Cl~r'k Subject to change as finalized by the City Clerk. For a final official copy, contact the , -,~.w 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 - 10/8/02 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. The Mayor proclaimed: Domestic Violence Awareness Month - October; Founder's Day - October 20, Mark Latta, Area 36, Governor Toastmasters International, accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for 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., 1604 Sycamore St. #$30. Class C Liquor License for Hilltop Lounge, 1100 N. Dodge Street. Special Class C Liquor License for Baldy's Wraps, 18 S. Clinton St. Class C Liquor License for Grizzly's South Side Pub, 1210 Highland Ct. Outdoor Service Area Grizzly's South Side Pub, 1210 Highland Ct. Class C Beer Permit for Mini Mart, 731 S. Riverside Dr. Class C Beer Permit for Big Kmart #4315, 901 Hollywood Blvd. Class B Wine Permit for Big Kmart #4315, 901 Hollywood Blvd. Class C Beer Permit for North Dodge Express, 2790 N. Dodge St. Setting Hearings: 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: RES. 02-338, ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL SALVAGE BARN AND FURNITURE PROJECT BUILDING PROJECT. RES. 02-339, ACCEPTING THE WORK FOR THE SENIOR CENTER BUILDING ENVELOPE WATERPROOFING PROJECT. RES. 02- 340, ACCEPTING THE WORK FOR SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PHASE II OF WINDSOR RIDGE- PART FIFTEEN AND DECLARING THE PUBLIC Official Actions Page 2 October 8, 2002 IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-341, 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, 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, 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, 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, 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 HOLLYWOOD 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. 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, orq., 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. Moved and seconded to accept correspondence from Chris and Paula Streeper. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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 Official Actions Page 3 October 8, 2002 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 Commemial (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), be given first vote. Robynn Shrader, 1104 Weeber Circle, appeared. The Mayor declared the motion carried. Moved and seconded 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, be given first vote. The following individuals appeared: Michaelanne Widness, 629 Melrose Ave.; and University of Iowa representative Larry Wilson. Moved and seconded to defer consideration of the vacation six months. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded that the ordinance 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 bebNeen 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. The Mayor declared the motion carried. Moved and seconded that the ordinance vacating portions of 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 carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 02-4042, 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. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Duane A. Musser. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-346, AMENDING THE COMPREHENSIVE PLAN, TO INCLUDE THE SOUTHWEST DISTRICT PLAN AS RECOMMENDED BY THE IOWA CITY PLANNING AND ZONING COMMISSION ON AUGUAT 15, 2002. Moved and seconded to accept correspondence from Mary Knudson, Karen Schuette and Mary Knudson-Dion. The Mayor declared the motion carried. Official Actions Page 4 October 8, 2002 Moved and seconded to adopt RES. 02-347, APPROVING FINAL PLAT OF VILLAGE GREEN, PART XXII, IOWA CITY, IOWA. 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 and seconded to adopt RES. 02-348, ASSESSING A $300.00 CIVIL PENALTY AGAINST THE SUMMIT. Johnson County Atty. J. Patrick White present for discussion. 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 and seconded to adopt RES. 02-349, SUSPENDING RETAIL CIGARETTE PERMIT OF NORTH DODGE EXPRESS FORA PERIOD OF THIRTY (30) DAYS. Johnson County Atty. J. Patrick White present for discussion. 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 and seconded to accept correspondence from John Cress. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-350, SUSPENDING RETAIL CIGARETTE PERMIT OF SUBURBAN AMOCO-KEOKUK STREET FOP, A PERIOD OF THIRTY (30) DAYS. Johnson County Atty. J. Patrick White present for discussion. A public hearing was held on proceedings to take additional action not to exceed $1,155,000 General Obligation Bonds. Moved and seconded to adopt RES. 02-351, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION NOT TO EXCEED $1,155,000 GENERAL OBLIGATION BONDS. A public hearing on a resolution amending the FY2003 Operating Budget. Council Member Wilbum 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 and seconded to accept correspondence from Catherine Shaw. The Mayor declared the motion carried. Council Member Wilburn returned to the meeting. Moved and seconded 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. The Mayor declared the motion defeated. Official Actions Page 5 October 8, 2002 Moved and seconded 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 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Anne Vespa, Doris Houser and Kayla Cress. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. Moved and seconded that ORD. 02-4043, 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. Moved and seconded that ORD. 02-4044, 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. Moved and seconded to adopt RES. 02-352, CHANGING THE NAME OF THE OLD ALIGNMENT OF SCOTT BOULEVARD BETWEEN ROCHESTER AVENUE AND DUBUQUE ROAD TO HARVEST ROAD. Moved and seconded to adopt RES. 02-353, DIRECTING SALE OF $10,600,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002. Moved and seconded to adopt RES. 02-354, DIRECTING SALE OF $8,500,000 WATER REVENUE BONDS. Moved and seconded to adopt RES. 02-355, 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, Moved and seconded to adopt RES. 02-356, AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES. Moved and seconded to adopt RES. 02-357, 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. The Mayor declared the motion carried. Official Actions Page 6 O~ober 8, 2002 Moved and seconded 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. Moved and seconded to accept correspondence from Anna Egeland. The Mayor declared the motion carried. 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 - January 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; 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. Moved and seconded to adjourn 10:15 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Cl~rk Submitted for publicatiOn - 10/1~ 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 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: SETA 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 HOLLYWOOD 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 Bardngton 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, erg,, 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'Donnell, seconded by Champion, to accept correspondence from Chris and Paula Streeper. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. Rebynn 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 Ponte, 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 Wilburn, 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'l)onnell, 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 Wilbum, 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 - January 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, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk