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HomeMy WebLinkAbout2002-11-05 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 NOVEMBER 5, 2002 Iowa City City Council regular meeting, 7:00 p.m. Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Kart, Franklin, O'Neil, Boothroy, Nasby. Council minutes tape recorded on Tape 02- 85, Both Sides; Tape 02-86, Both Sides. The Mayor presented Outstanding Student Citizenship Awards to Helen Lemme Elementary students: Matthew Gosse, Katie Schneider. 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 October 22 and October 29, as published, subject to corrections, as recommended by the City Clerk. Final/Approved Minutes of Boards and Commissions: Housing and Community Development Commission - September 12. Iowa City Human Rights Commission - September 24. Iowa City Public Library Board of Trustees - September 26. Iowa City Telecommunications Commission - September 23. Planning and Zoning Commission - October 3. Police Citizens Review Board - September 10. Senior Center Commission - September 17. Permit Motions and Resolutions as Recommended by the City Clerk: Renewals. Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1921 Keokuk Street. Class C Beer Permit for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. Class B Wine Permit for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. Setting Hearings, Bk. 128: RES. 02-374, p. 374, INTENT TO CONVEY APPROXIMATELY 200 SQUARE FEET OF BENTON STREET RIGHT-OF- WAY TO KATHLEEN A. STEVE, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 19, 2002. Resolutions, Bk. 128: RES. 02-375, p. 375, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 347 SOUTH GOVERNOR STREET, IOWA CITY, IOWA. RES. 02-376, p. 376, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SANITARY SEWER EASEMENT LOCATED ON PROPERTY LOCATED AT 2264 SOUTH RIVERSIDE DRIVE. RES. 02- 377, p. 377, ACCEPTING WORK FOR THE SANITARY SEWER IMPROVEMENTS FOR THE STEINDLER ORTHOPEDIC CLINIC, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. RES. 02-378, p. 378, SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY. RES. 02-379, p. 379, SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY. RES. 02-380, p. 380, SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY. RES. 02-381, p. 381, APPROVING THE EXTERIOR SIGNAGE TO GAMERS IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Correspondence: Lorena Hills regarding Alcohol Ordinance. Paul Rollins regarding Smoking Ordinance. Nicholas Parker regarding Cable Regulation. Vicki Yoder regarding Scott Boulevard [staff response included]. Rod Sullivan (Mayor's Youth Employment Program) regarding Update on Complete Description November 5, 2002 Page 2 Mayor's Youth. Mike Thayer regarding Coffee Initiative. David Pfau regarding Coffee Initiative. JCCOG Traffic Engineering Planner regarding Installation of Two NO PARKING LOADING ZONE 15 MIN LIMIT BETWEEN SIGNS on the North Side of Ernest Street. Installation of a STOP sign at the Parking Lot Driveway for Hickory Hill Park Where It Intersects with First Avenue. Council Member Kanner noted the Telecommunication Commission minutes and questioned the timeline and procedure for PATV contract renewal. Asst. City Mgr. Helling stated the Commission will review the request once received and prepare a recommendation for Council. Council Member Kanner noted the letter from Rod Sullivan updating Council on outside funding grants, and stated his appreciation for the information. Council Member Vanderhoef noted the Housing and Community Development Commission minutes regarding potential changes in the loan agreements and questioned whether that would be coming to Council. City Manager will follow up. Affirmative roll call vote unanimous, 7/0, all Council Members present. David Burnett, 603 S. Dubuque St., and Oliver Belcher, 636 S. Dodge St., presented information on their affidavit to commence initiative proceedings requiring all coffee brewed and served by business vendors in Iowa City be fair trade, organic, or shade grown coffee. James Thomas, 131 N. First Avenue, thanked Council for construction of a sidewalk on his property on First Avenue; and introduced Phillip and Wanda Daniel. Wanda and Phillip Daniel, 2519 Clearwater Ct., appeared regarding flooding that occurred in their home on August 23. Staff will follow up. Moved by O'Donnell, seconded by Champion, to set a public hearing for November 19 on an ordinance amending City Code Section 14-6K-1, the Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Overlay Rezonings and Sensitive Areas Site Plans. The Mayor declared motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. A public hearing was held 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. No one appeared. A public hearing was held on an ordinance to vacate the northern two feet of Benton Street beginning 60 feet east of Gilbert Street and ending at Maiden Lane (Steve). No one appeared. Moved by Vanderhoef, seconded by Wilburn, that the ordinance to vacate the northern two feet of Benton Street beginning 60 feet east of Gilbert Street and ending at Maiden Lane (Steve), be given first 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 ORD. 02-4048, Bk. 45, p. 56, 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 1.45ACRE PROPERTY LOCATED NORTH OF STATE HIGHWAY 1 AND WEST IF 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), be passed and adopted. Affirmative roll call Complete Description November 5, 2002 Page 3 vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Champion, that ORD. 02-4049, Bk. 45, p. 57, (University of Iowa) VACATING THE 100 BLOCK OF WEST HARRISON STREET RIGHT-OF-WAY AND A PORTION EXTENDING INTO 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 STREET BETWEEN THE WEST RIGHT-OF- WAY LINE OF MADISON STREET AND 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 passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Absent: None. Moved by Champion, seconded by Vanderhoef, that ORD. 02-4050, Bk. 45, p. 58, VACATING PORTIONS OF (CRANDIC) FRONT STREET SOUTH OF BURLINGTON STREET AND A PORTION OF WEST PRENTISS STREET, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Absent: None. A public hearing was held on conveyance of 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 between the 100 blocks of West Prentiss and West Harrison Street to The University of Iowa/Iowa State Board of Regents, without compensation. No one appeared. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 02-382, Bk. 128, p. 382, AUTHORIZING CONVEYANCE OF PORTIONS OF VACATED RIGHT-OF- WAY ALONG SOUTH (CRANDIC) FRONT STREET, THE 100 BLOCK OF WEST PRENTISS STREET, THE 100 BLOCK OF WEST HARRISON STREET AND THE ALLEY BETWEEN THE 100 BLOCKS OF WEST PRENTISS AND WEST HARRISON STREET TO THE UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS, WITHOUT COMPENSATION. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Pfab, Champion, Lehman, O'Donnell, Wilburn. Nays: Vanderhoef, Kanner. Absent: None. Moved by O'Donnell, seconded by Champion, that ORD. 02-4051, Bk. 45, p. 59, 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 of Iowa), be passed and adopted. Individual Council Members expressed their views. Jean Walker, 335 Lucon Dr., read a statement opposing the vacation. The Mayor declared the ordinance adopted, 4/3, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Nays: Vanderhoef, Kanner. Wilburn. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Jean Walker, Martha Gordon, Jim Spratt, Kay Burke, Bob Ramsey, Mary Margaret Hogan, Amy Butler. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution of conveyance of the 23-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 295 feet, to The Complete Description November 5, 2002 Page 4 University of Iowa. The following individuals appeared: James Thomas, 131 N. First Ave.; Paul Leonard, 506 Brookline Park Dr.; and Jean Walker, 335 Lucon Dr. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-383, Bk. 128, p. 383, AUTHORIZING CONVEYANCE OF THE 23-FOOT WIDE GRAND AVENUE COURT RIGHT-OF-WAY, COMMENCING FROM THE NORTH RIGHT-OF-WAY LINE OF MELROSE AVENUE AND EXTENDING NORTHWARD FORA DISTANCE OF 295 FEET, TO THE UNIVERSITY OF IOWA. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab. Nays: Wilburn, Vanderhoef, Kanner. Absent: None. Moved by Champion, seconded by Wilbum, to defer indefinitely the resolution authorizing approving the final plat of Silvercrest residential community, Part 2, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Wilburn stated he has a conflict of interest on the next item and left the meeting. A public hearing was held regarding proposed amendments to Iowa City's 2001-2006 Consolidated Plan (City Steps). Amy Correia, Housing and Community Development Commission Chairperson, appeared. Moved by Kanner, seconded by Pfab, to amend the allocation of funds in CITY STEPS that would limit the Economic Development Fund to an earmark of 9% of the Community Development Block Grant (CDBG) funds; thereby reducing set aside monies to approximately $90,000. Individual Council Members expressed their views. Community and Economic Development Coordinator Nasby present for discussion. The Mayor declared the motion defeated, 1/5, with the following voice vote: Ayes: Kanner. Nays: Lehman, O'Donnell, Champion. Pfab, Vanderhoef. Abstaining: Wilburn. Council Member Wilburn returned to the meeting. A public hearing was held on conveyance of 656 South Governor Street to Gary Hughes. No one appeared. Moved by O'Donnell, seconded by Kanner, to adopt RES. 02-384, Bk. 128, p. 384, AUTHORIZING CONVEYANCE OF 656 SOUTH GOVERNOR STREET TO GARY HUGHES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Member Pfab left the meeting. Council Member Pfab left meeting due to illness. A public hearing was held on conveyance of 707 Walnut Street To Edwin Teagle. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 02-385, Bk. 128, p. 385, AUTHORIZING CONVEYANCE OF 707 WALNUT STREET TO EDWIN TEAGLE. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, that the 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, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/1, with Complete Description * Revised 11/19/02 November 5, 2002 Page 5 the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: Pfab. Moved by Champion, seconded by O'Donnell, that ORD. 02-4052, Bk. 45, p. 60, AMENDING AN ORDINANCE AMENDING CITY CODE TITLE14, ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE E, ENTITLED "HOUSING CODE" TO REQUIRE THAT ALL LANDLORDS AND TENANTS EXECUTE AN INFORMATIONAL DISCLOSURE AND ACKNOWLEDGEMENT FORM AND BY DELETING THE REQUIREMENT THAT THE CITY PROVIDE WRITTEN NOTICE OF HOUSING VIOLATIONS BEFORE ISSUING A MUNICIPAL INFRACTION, 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. 02-386, Bk. 128, p. 386, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-387, Bk. 128, p. 387, AMENDING THE BUDGETED POSITIONS IN THE LANDFILL DIVISION OF THE PUBLIC WORKS DEPARTMENT BY DELETING ONE FULL-TIME SCALEHOUSE OPERATOR POSITION AND ADDING ONE FULL-TIME RECYCLE CLERK - LANDFILL POSITION AND AMENDING THE AFSCME PAY PLAN BY ADDING THE POSITION OF RECYCLE CLERK - LANDFILL. Affirmative roll call * vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. The Mayor noted no applications had been received for the Airport Zoning Board of Adjustment to fill an unexpired term ending December 31,2003; and the Airpor~ Zoning Commission for two appointments to fill unexpired terms, ending December 31,2003 and the other ending December 31, 2005, and announced all three would be readvertised. The Mayor noted the previously announced vacancies: 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. Council Member O'Donnell noted the end of this election year and stated he hoped everyone voted; acknowledged the completion of negotiations on the SEATS contract and thanked Parking & Transit Director Fowler and Transit Mgr. Logsden for their efforts. Mayor Lehman thanked Council representatives O'Donnell and Vanderhoef for their efforts as well. Council Member Wilburn congratulated City High students who have been working to change the voting age to 17, noting that different teacher's groups across the State were looking at the proposal as an effort to build citizenship. Complete Description November 5, 2002 Page 5 the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: Pfab. Moved by Champion, seconded by O'Donnell, that ORD. 02-4052, Bk. 45, p. 60, AMENDING AN ORDINANCE AMENDING CITY CODE TITLE14, ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HO~. SING," ARTICLE E, ENTITLED "HOUSING CODE" TO REQUIRE THAT ALL .ORDS AND TENANTS EXECUTE AN INFORMATIONAL DISCLOSURE AND .~EMENT FORM AND BY DELETING THE REQUIREMENT CITY PROVIDE WRITTEN NOTICE OF HOUSING VIOLATIONS BEFORE ~UING A MUNICIPAL INFRACTION, be passed and adop .~d. Affirmative call vote unanimous, 6/0, Pfab absent. The Ma' ordinance Moved b seconded by O'Donnell, to adopt 02-386, Bk. 128, p. 386, lNG AN ASSESSMENT SCHEDULE OF MOWING, CLEAN-UP OF ERTY, SNOW REMOVAL, E AND STOP BOX REPAIR S AND DIRECTING THE CLERK' ;ERTIFY THE SAME TO THE NTY TREASURER FOR COLL IN THE SAME MANNER AS call unanimous, 6/0, Pfab absent. The resolution adopted. Moved by y Wilbur ,pt RES. 02-387, Bk. 128, p. 387, AMENDING THE --TED IN THE LANDFILL DIVISION OF THE PUBLIC WORKS ENT BY ONE FULL-TIME SCALEHOUSE OPERATOR 'ION AN[ ONE FULL-TIME RECYCLE CLERK - LANDFILL THE AFSCME PAY PLAN BY ADDING THE .ERK- LANDFILL. Affirmative roll call vote unanimous, 6/0, all Council Memb present. The Mayor declared the resolution adopted. The Mayor noted no applicat been received for the Airport Zoning Board of Adjustment to fill an nding December 31,2003; and the Airport Zoning Commission for to fill unexpired terms, ending December 31, ~er 31,2005, and announced all three would be readvertised. The Mayor noted the cancies: Animal Care & Adoption Center Advisory - One to three year term January 1, 2003 - December 31, 20, Board of Adj ~ to fill a five year term January 1, 2003 1,2008. Board of A -Two vacancies, one representative Home Builders' Association, and o~¢~e Licensed Plumber to fill five year terms January 1, 2003 - December 31, 2007. Hum~'~ Rights Commission Three vacancies to/fill three year terms January 1,2003 - JanL~ry 1,2006. Parks and Recreation Cj~mmission - Three vacancies to fill four year t~,rms January 1, 2003 - January ~, 2007. Public Art Advisory Committee - Two va~ncies to fill three year terms JaniZary 1, 2003 - January 1, 2006. Senior Center Coml~ission - Two vacancies to f~ three year terms January 1,2003 - December 31,2005. Applications must be rec~ved by 5:00 p.m., Wednesday, November 13. ~ Cou~'cil Member O'Donnell noted the end of this election year ar~ stated he hoped ev6)fyone voted; acknowledged the completion of negotiations on~,,~e SEATS contract,end thanked Parking & Transit Director Fowler and Transit Mgr. I"ogsden for their eff. Crts. Mayor Lehman thanked Council representatives O'Donnell and Vande/hoef for their efforts as well. Complete Description November 5, 2002 Page 6 Council Member Wilburn congratulated City High students who have been working to change the voting age to 17, noting that different teacher's groups across the State were looking at the proposal as an effort to build citizenship. Council Member Kanner noted the 10 responses received for the municipal power study, and the wide range of costs and interests represented. Asst. City Mgr. Helling stated information will be presented to Council after review of the proposals. In response to Council Member Champion, the City Manager stated the Thanksgiving employee luncheon is scheduled for November 21. Council Member Kanner distributed information on a Iowa Association of Municipal Utilities (IAMU) policymaker workshop "Governance in the 21st Century" scheduled November 20-22 and questioned Iowa City representation at the workshop, the City Manager will follow up and if no one is able to attend secure the materials; acknowledged information provided by the City Manager regarding a possible dog park and stated the matter would be discussed at budget time, noting the success of such a park in Cedar Rapids; and wished Muslim friends a good fast on Ramadan. Mayor Lehman stated he and Mayor Pro tem Vanderhoef would be attending the annual Veterans Day Banquet scheduled November 11. Moved by O'Donnell, seconded by Vanderhoef,,~adjourn 8:45 p.m. The Mayor declared the motion carried unanimously, 7/~~ M~e~ ~'~rn'e's~ W. Lehman, I~ayor Ma~an K. Karr,'City Cl'erk Subject to change as finalized by the City Clerk. For a final official copy, contact the, 3a 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 - 10/22/02 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. 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 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 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 the Cage, 220 E. Washington St. Renewals: Class C Liquor License for the Que, 211 Iowa Ave. Class C Beer Permit for Hawkeye Convenience Stores-Kirkwood, 300 Kirkwood Ave. Class C Beer Permit for Deli Mart #1,525Hwy 1 West. Class C Liquor License for La Casa, Ltd., 1200 S. Gilbert Ct. RES. 02-358, TO ISSUE DANCE PERMIT for the Cage, 220 E. Washington St. and the Que, 211 Iowa Ave. Class C Beer Permit for 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, 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, INTENT TO CONVEY 707 WALNUT STREET TO EDWIN TEAGLE, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5, 2002. RES. 02-361, 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 BETWEEN THE 100 BLOCKS OF WEST PRENTISS AND WEST HARRISON STREET TO THE UNIVERSITY OF IOWA/IOWA STATE Official Actions October 22, 2002 Page 2 BOARD OF REGENTS, WITHOUT COMPENSATION, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5, 2002. Resolutions: RES. 02-362, 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, 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, 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, ACCEPTING THE WORK FOR THE FIRST AVENUE CORRIDOR IMPROVEMENTS PROJECT. RES. 02-366, 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. 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 and seconded to accept the letter from Mr. Dane. The Mayor declared the motion carried. 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 and seconded to accept a memo from Senior Center Coordinator Kopping on the Johnson County Operational Funding Update. The Mayor declared the motion carried. Michelle Robnett, Airport Commissioner, updated Council on activities. Moved and seconded 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 Official Actions October 22, 2002 Page 3 Penalties' to increase the Municipal Infraction Civil Fines for Violating the Zoning Code. The Mayor declared the motion carried. Moved and seconded 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. 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, 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. Moved and seconded that the ordinance be given second vote. The Mayor declared the motion carried. (See reconsideration of this item after Item 12.) Moved and seconded that the ordinance changing 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Bill and Donna Lounspack. 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 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 Block 5 of the County Seat Addition, extended; and the alley right-of-way in Block 5 of said County Seat Addition, be given second vote. 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 second vote. The Mayor declared the motion carried. Moved and seconded that ORD. 02-4045, AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE H, ENTITLED "INDUSTRIAL ZONES," SECTION 1, ENTITLED "GENERAL INDUSTRIAL ZONE.", be passed and adopted. Moved and seconded to adopt RES. 02-367, APPROVING FINAL PLAT OF WINDSOR RIDGE PART SIXTEEN, IOWA CITY IOWA, A RESUBDIVISION OF LOT A, WINDSOR RIDGE, PART FIFTEEN, IOWA CITY, IOWA. Moved and seconded 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. The Mayor declared the motion carried. Official Actions October 22, 2002 Page 4 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. Moved and seconded to adopt RES. 02-368, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Moved and seconded to approve a Tax Exemption Certificate for $10,600,000 General Obligation Refunding Bonds, Series 2002. The Mayor declared the motion carried. Moved and seconded to approve a Continuing Disclosure Certificate for $10,600,000 General Obligation Refunding Bonds, Series 2002. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-369, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $10,600,000 GENERAL OBLIGATION REFUNDING BONDS AND LEVYING A TAX TO PAY SAID BONDS. Moved and seconded to approve a Tax Exemption Certificate for $8,500,000 Water Revenue Bonds, Series 2002. The Mayor declared the motion carried. Moved and seconded to approve a Continuing Disclosure Certificate. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-370, 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. 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 and seconded to adopt RES. 02-371, 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. Moved and seconded to accept correspondence from Bob Burns. The Mayor declared the motion carried. Council Member Wilbum returned to the meeting. 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 passed and adopted. Moved and seconded to amend the ordinance and substitute the second proposal that has been approved by staff, Housing Authority, Renter's Association and neighborhood groups. Hillary Sale present for discussion. The Official Actions October 22, 2002 Page 5 Mayor declared the motion to amend carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. 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. 02-4046, 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. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that ORD. 02-4047, 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. Moved and seconded to adopt RES. 02-372, 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. 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 - December 31,2005. Applications must be received by 5:00 p.m., Wednesday, November 13. Moved and seconded to reconsider the motion to defer for six months consideration of the ordinance vacating the twenty-three foot wide Grand Avenue Official Actions October 22, 2002 Page 6 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. The Mayor declared the motion to reconsider carried. Moved and seconded to adjourn 8:25 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 Clerk . Submi~e~ for publication- ~0/~/02. Subject to change as finalized by the City Clerk, For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 10/29/02 Iowa City City Council meeting, 9:00 a.m. Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Moved and seconded to reconsider the motion to defer for six months 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. The Mayor declared the motion to defer defeated. 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 Mayor declared the motion carried. Moved and seconded to adopt RES. 02-$73, INTENT TO CONVEY THE 23- 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 295 FEET, TO THE UNIVERSITY OF IOWA, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5, 2002. Jean Walker, 335 Lucon Drive, appeared. Moved and seconded to adjourn 9:15 a.m. The Mayor declared the motion carried. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk Su bmitt'~d for-publication 10/29/02 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 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 I 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 BE'FWEEN 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 carded. 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 Straeper, 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 RESUBDIVISION 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 VVilburn, 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 Wilbum, 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 roil 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 tine 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 Wiiburn 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 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 OCTOBER 29, 2002 Iowa City City Council meeting, 9:00 a.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, Davidson, Dulek. Council minutes tape recorded on Tape 02-84, Side 2. Moved by Champion, seconded by O'Donnell, to reconsider the motion to defer for six months 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. Individual Council Members expressed their views. The Mayor declared the motion to defer defeated, 3/4, with the following division of roll call vote. Ayes: Kanner, Vanderhoef, Wilbum. Nays: Champion, Lehman, O'Donnell, Pfab. Absent: None. Moved by O'Donnell, seconded by Champion, 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. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Champion. Nays: Kanner, Vanderhoef, Wilburn. Absent: None. Moved by O'Donnell, seconded by Champion, to adopt RES. 02-373, Bk. 128, p. 373, INTENT TO CONVEY THE 23-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 295 FEET, TO THE UNIVERSITY OF IOWA, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5, 2002. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Pfab, Wilburn, Champion. Nays: Vanderhoef, Kanner. Absent: None. Jean Walker, 335 Lucon Drive, appeared. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 9:15 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk