HomeMy WebLinkAbout2003-05-06 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
MAY 6, 2003
Iowa City City Council regular meeting, 7:00 p.m. at the Civic Center. Mayor
Lehman presiding. Council Members present: Champion, Kanner, Lehman,
O'Donnell, Vanderhoef, Wilburn. Absent: Pfab. Staff members present: Atkins,
Helling, Dilkes, Karr, Franklin, Nasby, Kopping, Seal, Rogusky, Boothroy, McCafferty,
Spitz. Council minutes tape recorded on Tape 03-39, Side 2; Tape 03-42, Both
Sides; Tape 03-43, Both Sides.
The Mayor proclaimed: Bicycle Month, May 2003, Greg Kovaciny, BIC,
accepting.
The Mayor presented Outstanding Student Citizenship Awards to Shimek
Elementary students: Eryn Alexander, Claire Hubbard, Winston Kosier.
Moved by Champion, seconded by Vanderhoef, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted
as follows, with separate consideration of item 4d(10) approving funding for Rack
BBQ from Block Grant Economic Development Fund:
Approval of Official Council Actions for special meeting of April 22,
subject to corrections, as recommended by the City Clerk.
Receive and File Minutes of Boards and Commissions
(recommendations to Council become effective only upon separate Council
action): Housing and Community Development Commission - March 13.
Housing and Community Development Commission - March 20. Iowa City
Civil Service Commission - March 6, 7, and 31. Iowa City Human Rights
Commission - March 25. Iowa City Library Board of Trustees - March 27. Iowa
City Telecommunications Commission - March 24.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals: Class C Beer Permit for DeliMart Corp. dba DeliMart #3, 2410
Mormon Trek Blvd. Class C Liquor License for Kennedy Investments, Inc.,
dba Vine Tavern & Eatery, 330 E. Prentiss St. RES. 03-124, TO ISSUE
CIGARETTE PERMITS to Liquor House, Ltd., dba Liquor House, 326 S.
Clinton St.
Resolutions: RES. 03-125, ACCEPTING PAYMENT OF $300.00 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM DAVE'S FOX
HEAD TAVERN. RES. 03-126, ACCEPTING PAYMENT OF $300.00 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM GASBY'S EAST.
RES. 03-127, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM TOBACCO OUTLET PLUS #537.
RES. 03-128, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM THE Q BAR. REg. 0:2-129,
ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF
RIGHT TO HEARING FROM KUM & GO STORES #52. RES. 03-130,
ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF
RIGH¥ TO HEARING FROM HY-VEE FOOD STORE #1. RES. 03-131,
ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF
RIGHT TO HEARING FROM KUM & GO STORE #51. RES. 03-132
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE-BAY
Complete Description
Page 2
May 6, 2003
STATES, L.L.C. AND IOWA CITY COFFEE CO. D/B/A JAVA HOUSE FOR A
SIDEWALK CAFE. RES. 03-133, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED 903
IOWA AVENUE, IOWA CITY, IOWA. RES. 03-134, ACCEPTING WORK FOR
THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING
PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD, FIRST
ADDITION, AND REPLAT OF PENINSULA NEIGHBORHOOD, FIRST
ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE. RES. 03-135, AMENDING THE CURRENT
BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2003.
Correspondence: Kristen Lueken regarding Bike Trails. Smoking: John
Robinson, Sarah Bappe. Ms. Cletus Funk regarding MidAmerican Energy.
Robin Behr regarding Homeless Shelters. Tom Woodruff regarding DFG
Design Award Presentation. JCCOG Traffic Engineering Planner regarding
Removal of a Sign Indicating NO PARKING 2 AM - 6 AM TOW-AWAY ZONE
on the South Side of the 500 Block of Iowa Avenue; Removal of Signs
Indicating AMBULANCE PARKING ONLY BETWEEN SIGNS and TOW-
AWAY ZONE from the North Side of the 400 Block of Bloomington Street and
Installation of Two On-Street Parking Meters. Governor Vilsack regarding
Budget Cuts.
Council Member Kanner noted the memo from JC Atty. Patrick White concerning
The Vine alcohol license renewal, and stated the business was under new
management and would be supporting renewal; and requested a memo regarding
process in enforcement of hearings and fines on establishments selling cigarettes to
minors. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared
the motion carried.
Council Member Wilburn left the meeting due to a conflict of interest. Moved
by Champion, seconded by O'Donnell, to adopt RES. 03-136, APPROVING
FUNDING FOR THE RACK BBQ FROM IOWA CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND
AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE
OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Community and
Economic Coordinator Nasby present for discussion. Individual Council Members
expressed their views. Affirmative roll call vote unanimous, 5/0, Wilburn abstaining,
Pfab absent. The Mayor declared the resolution adopted. Council Member Wilburn
returned to the meeting.
A public hearing was held on a resolution amending the South Central District
Plan to change the future land use designation from Office Park / Commercial to
Intensive or Highway Commercial for property generally located east of Mormon Trek
Boulevard extended. No one appeared.
A public hearing was held on a resolution annexing approximately 150 acres
of property generally located east of Highway 218, west of the Iowa City Airport, and
both north and south of Highway 1. No one appeared. Moved by O'Donnell,
seconded by Champion, to accept correspondence from John Dane. The Mayor
declared the motion carried unanimously, 6/0, Pfab absent.
A public hearing on an ordinance changing the zoning designation of
approximately 6.1 acres from County RS, Suburban Residential, to C1-1, Intensive
Complete Description
Page 3
May 6, 2003
Commercial for property located west of Dane Road, east of Mormon Trek Boulevard
Extended. No one appeared.
A public hearing on an ordinance changing the zoning designation of
approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public, CH-l,
Highway Commercial, and ID-RS, Suburban Residential, for property generally
located east of Highway 218, west of the Iowa City Airport, and both north and south
of Highway 1. No one appeared.
A public hearing was held on an ordinance changing the zoning designation
from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone
for Block 67 (Hanick) of the Original Town Plat, excepting the 6,000 square foot
property at 130 North Dubuque Street. Kevin Hanick, representing the applicant
appeared.
Moved by O'Donnell, seconded by Champion, that the ordinance changing the
zoning designation from CB-2, Central Business Service Zone to CB-5, Central
Business Support Zone for Block 67 (Hanick) of the Original Town Plat, excepting
the 6,000 square foot property at 130 North Dubuque Street, be given first vote. Atty.
Robert Downer, representing Wesley Foundation, appeared. Individual Council
Members expressed their views. Affirmative roll call vote unanimous, 6/0, Pfab
absent. The Mayor declared the motion carried.
A public hearing was held on an ordinance conditionally changing the zoning
designation from CB-2, Central Business Service Zone to CB-5, Central Business
Support Zone, for a 6,000 square foot property (Hanick) at 130 North Dubuque
Street. No one appeared.
Moved by Vanderhoef, seconded by O'Donnell, that the ordinance
conditionally changing the zoning designation from CB-2, Central Business Service
Zone to CB-5, Central Business Support Zone, for a 6,000 square foot property
(Hanick) at 130 North Dubuque Street, be given first vote. Affirmative roll call vote
unanimous, 6/0, Pfab absent. The Mayor declared the motion carried.
Moved by Champion, seconded by Vanderhoef, that the ordinance changing
the zoning designation from High Density Single Family / Sensitive Area Overlay
(RS-12/OSA) to Planned Development Housing Overlay (OPDH-12/OSA) for 2.12
acres (Pine Ridge) of property located at the southeast corner of Meadow Ridge
Lane and North Dubuque Street, be given first vote. Individual Council Members
expressed their views. Affirmative roll call vote unanimous, 6/0, Pfab absent. The
Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef,
to accept correspondence from Henry Klosterman, Amy Weiss, Melinda Bricker. The
Mayor declared the motion carried unanimously, 6/0, Pfab absent.
Moved by Champion, seconded by O'Donnell, that the ordinance combining
the Longfellow Historic District and the Moffitt Cottage Historic District into one
historic district named the Longfellow Historic District, be given first vote. Affirmative
roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried.
Council Member Vanderhoef left meeting due to a conflict of interest on the
next four items.
Moved by Champion, seconded by O'Donnell, that the ordinance to rezone
from Neighborhood Conservation Residential (RNC-12 & RNC-20), High Density
Multifamily Residential (RM-44) and Medium Density Single Family Residential (RS-
8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM-44/OCD & RS-
8/OCD) for the designation of the College Hill Conservation District within the College
Hill Neighborhood, be given second vote. The following individuals appeared: Lisa
Complete Description
Page 4
May 6, 2003
Schintler, 1033 E. Burlington St.; Dennis Nowotny, 517 E. Washington St.; William
Downing, 1030 E. Burlington St.; Mike Brennan, 1207 Seymour Ave.; Historic
Preservation Chair Michael Maharry; Joan McCarty, 536 S. Summit St.; Jackie
Briggs, Executive Director, Friends of Historic Preservation; Ginalie Swaim, 1024
Woodlawn Ave. Planner McCafferty present for discussion. The Mayor declared the
motion carried unanimously, 5/0, Vanderhoef abstaining, Pfab absent. Moved by
O'Donnell, seconded by Champion, to accept correspondence from Michael
Brennan, Glenn Ehrstine, and Lisa Schintler. The Mayor declared the motion carried
unanimously, 5/0, Vanderhoef abstaining, Pfab absent.
Moved by O'Donnell, seconded by Champion, that the ordinance changing the
zoning designation from Neighborhood Conservation Residential, (RNC-12), to
Overlay Historic Preservation, (OHP/RNC-12), designating the property located at 30
South Governor Street an Iowa City Historic Landmark, be given second vote.
Affirmative roll call vote unanimous, 5/0, Vanderhoef abstaining, Pfab absent. The
Mayor declared the motion carried.
Moved by Champion, seconded by O'Donnell, that the ordinance changing the
zoning designation from Neighborhood Conservation Residential, (RNC-20), to
Overlay Historic Preservation, (OHP/RNC-20), designating the property at 802
Washington Street as an Iowa City Historic Landmark, be given second vote.
Affirmative roll call vote unanimous, 5/0, Vanderhoef abstaining, Pfab absent. The
Mayor declared the motion carried.
Moved by Champion, seconded by O'Donnell, that the ordinance changing the
zoning designation from Neighborhood Conservation Residential, (RNC-20), to
Overlay Historic Preservation, (IHP/RNC-20), designating the property at 726 Iowa
Avenue as an Iowa City Historic Landmark, be given second vote. Affirmative roll call
vote unanimous, 5/0, Vanderhoef abstaining, Pfab absent. The Mayor declared the
motion carried.
Council Member Vanderhoef returned to the meeting.
Moved by Champion, seconded by O'Donnell, that ORD. 03-4071, TO
AMEND AN EXISTING PRELIMINARY PLANNED DEVELOPMENT HOUSING
PLAN (OPDH-8) TO ALLOW A 64-UNIT RESIDENTIAL DEVELOPMENT FOR LOT
255 OF WINDSOR RIDGE, PART TWELVE LOCATED AT THE INTERSECTION
OF COURT STREET AND ARLINGTON DRIVE, be passed and adopted. Affirmative
roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the ordinance
adopted.
Moved by Vanderhoef, seconded by Kanner, to defer to June 10 an ordinance
vacating the northernmost 60 feet of the dead-end alley along the west property line
of 405 South Summit Street. The Mayor declared the motion carried unanimously,
6/0, Pfab absent.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-137,
APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS, PARTS 7,8 AND 9, A
43-LOT, 19.01-ACRE SUBDIVISION LOCATED AT DUBLIN DRIVE, IOWA CITY,
IOWA. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared
the resolution adopted.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-138,
APPROVING THE PRELIMINARY PLAT OF HOLLYWOOD MANOR, PART 8,
IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Pfab absent. The
Mayor declared the resolution adopted.
Complete Description
Page 5
May 6, 2003
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-139,
APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF
HARNEY'S HOMESTEAD, JOHNSON COUNTY, IOWA. Affirmative roll call vote
unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to move up Item No. 15 on
the agenda and consider at this time. The Mayor declared the motion carried
unanimously, 6/0, Pfab, absent. Moved by Vanderhoef, seconded by Champion to
adopt RES. 03-140, TO ADOPT THE COMPREHENSIVE SET OF
RECOMMENDATIONS AND SCHEDULE OF MEMBERSHIP FEES, OUTLINED IN
PLANNING FOR CHANGE: FY04 FUNDING, OPERATIONAL AND
PROGRAMMING CHANGES AT THE IOWA CITY/JOHNSON COUNTY SENIOR
CENTER, THAT WERE DEVELOPED AND APPROVED BY THE SENIOR CENTER
COMMISSION. The following individuals appeared: Patricia Ephgrave, 325 Ferson
Ave.; Jay Taylor, 3206 Raven St., read a statement from Leo McGovern; Betty
McKray, 701 Oaknoll Dr.; Dawn Mueller, 1220 Village Rd.; Liz Selk, Executive
Director, Heritage Agency; Dave Dowell, 320 S. Dubuque St.; Eve Casserly,
Coralville, read a statement from June Braverman; Linda Fisher, Coralville; Bob
Welsh, 64 Penfro Dr.; Joanne Hora, Herbert Hoover Highway; Charity Rowley, 519
Park Rd.; Jo Hensch, 3107 Balfour Place; Bebe Ballantyne; Claire Shaw, 2710 E.
Washington St.; Lori Benz, 2012 Dunlap Ct.; Jay Honohan, 1510 Somerset Lane,
Senior Center Commission; and Betty Kelly, 1108 Sunset St. Individual Council
Members expressed their views. Moved by Kanner that the membership fee be
amended to $10. The Mayor declared the motion dead for lack of a second. The
Mayor declared the resolution adopted, 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 Kanner, to accept
correspondence from: Eve Casserly and William Laubengayer, Charlotte Walker,
Elizabeth Selk, Ruth Dolezal, Stan Aldinger, Jay Honohan and Lori Benz, Marcia
Emmons and Mildred Pickle, Janie Yates, William Laubengayer, Dean Anderson,
Erma Jo Thomas, Harry and Myrna Samms, Jeanne Meyer, Barbara Hackman, Bob
Welsh. The Mayor declared the motion carried unanimously, 6/0, Pfab absent.
A public hearing was held on the proposed Highway 6 Commercial Urban
Renewal Plan. The following individuals appeared: Colin Gordon, 1122 Rochester
Ave.; and Karen Kubby, 728 Second Ave. Community and Economic Development
Coordinator Nasby present for discussion.
A public hearing was held on proposed amendment #1 to the Sycamore &
First Avenue Urban Renewal Plan. Colin Gordon, 1122 Rochester Ave.; and Karen
Kubby, 728 Second Ave. requested their previous remarks be included as part of this
hearing also.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the 2003 Asphalt Resur[acing Project,
establishing amount of bid security to accompany each bid, directing City Clerk to
publish advertisement for bids, and fixing time and place for receipt of bids. No one
appeared.
Moved by O'Donnell, seconded by Wilburn, to adopt RES. 03-141,
APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR CONSTRUCTION OF THE 2003 ASPHALT RESURFACING
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
Complete Description
Page 6
May 6, 2003
FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote
unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted.
A public hearing was held on conveyance of the west one-half of a twenty-foot
wide by sixty feet long vacated portion of the alley located between 405 South
Summit Street and 338 South Governor Street to Phyllis Tucker. Moved by
Vanderhoef, seconded by Champion, to continue public hearing to June 10. The
Mayor declared the motion carried unanimously, 6/0, Pfab absent.
Moved by Vanderhoef, seconded by O'Donnell, to defer to June 10 a
resolution authorizing conveyance of the west one-half of a twenty-foot wide by sixty
feet long vacated portion of the alley located between 405 South Summit Street and
338 South Governor Street to Phyllis Tucker. The Mayor declared the motion carried
unanimously, 6/0, Pfab absent.
A public hearing was held on conveyance of the east one-half of a twenty-foot
wide by sixty feet long vacated portion of the alley located between 405 South
Summit Street and 338 South Governor Street to Sue M. Travis and Andrew D.
Robertson. Moved by O'Donnell, seconded by Vanderhoef, to continue public
hearing to June 10. The Mayor declared the motion carried unanimously, 6/0, Pfab
absent.
Moved by Vanderhoef, seconded by O'Donnell, to defer to June 10 a
resolution authorizing conveyance of the east one-half of a twenty-foot wide by sixty
feet long vacated portion of the alley located between 405 South Summit Street and
338 South Governor Street to Sue M. Travis and Andrew D. Robertson. The Mayor
declared the motion carried unanimously, 6/0, Pfab absent.
Moved by O'Donnell, seconded by Champion, that the ordinance amending
City Code Title 14, entitled "Uniform Development Code," Chapter 5, entitled
"Building and Housing," Article E, entitled "Housing Code," to add regulations for
rental properties whereon two or more separate occasions within a 12-month period
of time the issuance of a criminal complaint, municipal infraction, or a written notice
of violation has occurred, be given second vote. The Mayor declared the motion
carried, 4/2, with the following division of roll call vote. Ayes: Champion, Lehman,
O'Donnell, Vanderhoef. Nays: Kanner, Wilburn. Absent: Pfab. Moved by O'Donnell,
seconded by Vanderhoef, to accept correspondence from George Sondag. The
Mayor declared the motion carried unanimously, 6/0, Pfab absent.
Moved by Vanderhoef, seconded by O'Donnell, that ORD. 03-4072,
AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES",
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS,
FINES AND PENALTIES," TO ADD CERTAIN SECTIONS TO SECTION 8,
ENTITLED "VIOLATION OF VARIOUS CODE SECTIONS" AND ADD A NEW
SECTION 9, ENTITLED "NON-MOTORIZED VEHICLE VIOLATIONS," IN ORDER
TO SET SPECIFIC FINES FOR CERTAIN VIOLATIONS, be passed and adopted.
Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the
ordinance adopted.
Moved by Champion, seconded by O'Donnell, that ORD. 03-4073,
AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5,
ENTITLED "PROHIBITIONS AND RESTRICTIONS," OF THE CITY CODE TO
PROHIBIT PERSONS WHO ARE UNDER NINETEEN (19) YEARS OF AGE FROM
ENTERING OR REMAINING IN ESTABLISHMENTS WITH LIQUOR CONTROL
LICENSES OR WINE OR BEER PERMITS BETWEEN THE HOURS OF 10:00 PM
AND CLOSING, be passed and adopted. The following individuals appeared: Don
Complete Description
Page 7
May 6, 2003
Stalkfleet; Nate Green, University of Iowa Student Body President; Mayrose
Wegmann, 808 Benton Dr., Vice President of the Student Body; and Jim Clayton,
Co-coordinator Stepping Up Project. Affirmative roll call vote unanimous, 6/0, Pfab
absent. The Mayor declared the ordinance adopted.
Council Member Wilburn left the meeting due to a conflict of interest. Moved
by Champion, seconded by O'Donnell, to adopt RES. 03-142, ADOPTING IOWA
CITY'S FY04 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S
2001-2006 CONSOLIDATED PLAN (CITY STEPS) AS AMENDED, AND
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. Community and Economic
Development Coordinator Nasby present for discussion. Affirmative roll call vote
unanimous, 5/0, Wilburn abstaining, Pfab absent. The Mayor declared the resolution
adopted. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence
from Brad Langguth. The Mayor declared the motion carried unanimously, 5/0,
Wilburn abstaining, Pfa5 absent. Council Member Wilburn returned to the meeting.
Moved by O'Donnell, seconded by Champion, to adopt RES. 03-143,
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA
AVENUE PEDESTRIAN BRIDGE REHABILITATION PROJECT to Cramer &
Associates, for $205,880.00. Affirmative roll call vote unanimous, 6/0, Pfab absent.
The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-144,
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2003
PARKING RAMP MAINTENANCE AND REPAIR PROJECT to Paragon
Constructors, Inc., for $269,291.75. Individual Council Members expressed their
views. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the
resolution adopted.
Mark Danielson requested time to speak about the previous item regarding
the landlord nuisance ordinance. After discussion, it was agreed that Mr. Danielson
would appear at the next formal meeting prior to passage of the ordinance.
The Mayor announced the current vacancies on boards and commissions:
Housing and Community Development Commission for three vacancies to fill three-
year terms September 1, 2003 - September 1, 2006. Police Citizens Review Board
for one vacancy for a current or former Peace Officer to fill a four-year term
September 1, 2003 - September 1, 2007. (The City Council also reserves the right,
for good cause shown, to waive the requirement that the Board include one current
or former peace officer as that term is defined by State law.) Applications must be
received by 5:00 p.m., Wednesday, June 18.
The Mayor noted the previously-announced vacancies: Airport Zoning Board
of Adjustment for one vacancy to fill an unexpired term ending December 31,2003.
Airport Zoning Commission for one vacancy to fill an unexpired term ending
December 31,2003. Historic Preservation Commission for one vacancy for a
Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006.
Library Board of Trustees for three vacancies to fill six-year terms July 1,2003 - July
1,2009. Telecommunications Commission for one vacancy to fill an unexpired term
Complete Description
Page 8
May 6, 2003
ending March 13, 2004. Applications must be received by 5:00 p.m., Wednesday,
May 14.
Council Member Wilburn invited the public to the Crisis Center Breakfast on
May 18.
Council Member Kanner noted appreciation for the flowers and trees on the
Ped Mall downtown. Champion also noted the fountain was also working.
Moved by O'Donnell, seconded by Vanderhoef,j~o adjourn regular meeting at
11:10 p.m. The Mayor declared the motion carried~fa~ab~se,nt.~ .~
Ernest W. Lehman, Mayor
Mari'~'n K. Karr, City Clerk
Subject
to
change
as
finalized
by
the City Clerk. For a final official copy, contact the ~ w~,wv
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 - 4/22/03
Iowa City City Council special meeting, 7:00 p.m. at the Civic Center, Mayor
Lehman presiding. Council Members present: Champion, Kanner, Lehman,
O'Donnell, Pfab, Vanderhoef, Wilbum. Absent: None.
The Mayor proclaimed: Arbor Day -April 25, Terry Robinson, City Forester,
accepting; Volunteer Week - April 27 - May 3, Janie Jeffries (VAN) Volunteer Adm.
Network, accepting; Historic Preservation Week - May 5-12.
The Mayor presented Outstanding Student Citizenship Awards to Weber
Elementary students: Natalie Manhica, Katie Monson, Jake Zubrod.
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 April 7 and
April 8, subject to corrections, as recommended by the City Clerk.
Receive and File Minutes of Boards and Commissions
(recommendations to Council become effective only upon separate Council
action): Iowa City Board of Adjustment - March 12. Historic Preservation
Commission - March 13. Planning and Zoning Commission - March 20. Police
Citizens Review Board - March 11. Police Citizens Review Board - March 24.
Public Art Advisory Committee - March 6.
Motions: approve disbursements in the amount of $12,703,919.21 for
the period of March 1 through March 31,2003, as recommended by the
Finance Director subject to audit.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class E Liquor License for Liquor House, 326 S. Clinton St. Class B
Wine Permit for Liquor House, 326 S. Clinton St. Class C Beer Permit Liquor
House, 326 S. Clinton St. Outdoor Service Area for Bo James, 118 E.
Washington St. Renewals: Class C Liquor License for Lark Restaurant, 1069
Hwy. 1 West. Class C Liquor License for B.P.O. Elks #590, 637 Foster Road.
Class B Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert
St. Class C Liquor License for Parthenon, 320 E. Burlington St.
(Correspondence included in Council packet.) Class A Liquor License for
Loyal Order of Moose Lodge #1096, 3151 Hwy. 6 East. Special Class C
Liquor License for Panchero's, 32 S. Clinton St. Special Class C Liquor
License for Panchero's Mexican Grill, 965 S. Riverside Dr. Class C Liquor
License for Sam's Pizza lC, Inc., 321 S. Gilbert St. Class C Liquor License for
College Street Billiard Club, 114-116 E. College St. RES. 03-110, TO ISSUE
DANCING PERMIT to Loyal Order of Moose Lodge #1096, 3151 Hwy. 6 East.
Setting Public Hearings: RES. 03-111, SETTING A PUBLIC HEARING
FOR MAY 6 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 ASPHALT
RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 03-112,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED 421 CRESTVIEW AVENUE, IOWA CITY, IQWA.
RES. 03-113, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
Official Actions
Page 2
April 22, 2003
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED 336 DOUGLASS COURT, IOWA CITY, IOWA.
RES. 03-114, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND US BANK, N.A., OWENSBORO, KENTUCKY FOR
PROPERTY LOCATED 1541 DICKENSON LANE, IOWA CITY, IOWA.
Correspondence: Mark Edwards regarding Building Blocks to
Employment Seminar. Daniel Bruns regarding Mayor's Youth. Mary Prohaska
regarding Saving the Old Capitol Mall. Mel Sunshine regarding Non Residents
Speaking at Council Meetings. Kay Preston regarding Handicap Parking
Regulations. Pedro Alvarez regarding Nicaragua. Susan Frye regarding
MidAmerican Energy Company Iowa Residential Electric Rates. Catherine
Woodman regarding Dog Park. Doug Schillinger regarding Traffic Speed on
Friendship St. Pat Guard (lC Area Chamber of Commerce) regarding Retail
and Food Service. Marie Wilson regarding Preferential Treatment in Leaf
Pick-Up [Staff response included]. Greg Duethman regarding Old Capitol
Criterium. JCCOG Traffic Engineering Planner regarding Installation of a
Commercial Vehicle Loading Zone on the North Side of the Alley Located
between Linn Street and the Ped Mall.
The Mayor declared the motion carried.
Tom Padley, Mid American Energy Co., provided information on the wind farm
project and proposed electric rate freeze. Brandon Ross appeared regarding lawn
chemicals. Moved and seconded to accept correspondence from Mr. Ross. The
Mayor declared the motion carried. Nick Herbold, 319 E. Court St., requested
Council move up items #15 and #17 on the agenda. Sandy Kunde, Business and
Professional Women of Iowa City, thanked Council for the Equal Pay Day
proclamation on the April 8 agenda. Dawn Mueller, 1220 Village Road, reviewed
activities planned for Sexual Assault Awareness Month; and wind power issues,
noting her attendance at the Wind Power Conference in May. Ann Bovbjerg,
Planning and Zoning Chairperson, thanked Council for acknowledging the
recommendation of the Commission to look at improvements on North Dubuque
Street sooner rather than later. Karen Pease, 810 Benton Dr., regarding placement
of controversial items late on the agenda.
Moved and seconded to set a public hearing for May 6 on a resolution
amending the South Central District Plan to change the future land use designation
from Office Park / Commercial to Intensive or Highway Commercial for property
generally located east of Mormon Trek Boulevard extended. The Mayor declared the
motion carried.
Moved and seconded to set a public hearing for May 6 on a resolution
annexing approximately 150 acres of property generally located east of Highway
218, west of the Iowa City Airport, and both north and south of Highway 1. The
Mayor declared the motion carried.
Moved and seconded to set a public hearing for May 6 on an ordinance
rezoning approximately 6.1 acres from County RS, Suburban Residential, to C1-1,
Intensive Commercial for property located west of Dane Road, east of Mormon Trek
Boulevard extended. The Mayor declared the motion carried.
Moved and seconded to set a public hearing for May 6 on an ordinance
rezoning approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public,
CH-l, Highway Commercial, and ID-RS, Suburban Residential, for property generally
located east of Highway 218, west of the Iowa City Airport, and both north and south
of Highway 1. The Mayor declared the motion carried.
Official Actions
Page 3
April 22, 2003
A public hearing was held on an ordinance changing the zoning designation
from High Density Single Family / Sensitive Area Overlay (RS-12/OSA) to Planned
Development Housing Overlay (OPDH-12/OSA) for 2.12 acres of property located at
the southeast corner of Meadow Ridge Lane and north Dubuque Street. The
following individuals appeared: Atty. Dean Spina, CJ's Construction; Corey Hodapp,
CJ's Construction; Mike Cardane, 1949 Meadow Ridge Dr.; and John Rimmert,
Meadow Ridge Lane. Moved and seconded to accept correspondence from Melinda
Bricker, Rodney Hanze, Christopher and Amy Hamdorf. The Mayor declared the
motion carried.
A public hearing was held on an ordinance combining the Longfellow Historic
District and the Moffitt Cottage Historic District into one historic district named the
Longfellow Historic District.
Moved and O'Donnell, seconded that the ordinance to amend an existing
Planned Development Housing Plan (OPDH-8) to allow a 64-unit residential
development for lot 255 of Windsor Ridge, Par-[ Twelve located at the intersection of
Court Street and Arlington Drive be given first vote. The Mayor declared the motion
carried. Moved and seconded to accept correspondence from John Moreland. The
Mayor declared the motion carried.
Council Member Vanderhoef left meeting due to a conflict of interest on the
next four items.
Moved and seconded that the ordinance to rezone from Neighborhood
Conservation Residential (RNC-12 & RNC~20), High Density Multifamily Residential
(RM-44) and Medium Density Single Family Residential (RS-8) to Conservation
District Overlay (RNC-12/OCD, RNC-20/OCD, RM-44/OCD & RS-8/OCD) for the
designation of the College Hill Conservation District within the College Hill
Neighborhood, be given first vote. The following individuals appeared: Mike Brennan,
Longfellow Neighborhood; Lisa Schintler, 1033 E. Burlington St. The Mayor declared
the motion carried.
Moved and seconded that the ordinance changing the zoning designation
from Neighborhood Conservation Residential, (RNC-12), to Overlay Historic
Preservation, (OHP/RNC-12), designating the property located at 30 South Governor
Street an Iowa City Historic Landmark, be given first vote. The Mayor declared the
motion carried.
Moved and seconded that the ordinance changing the zoning designation
from Neighborhood Conservation Residential, (RNC-20), to Overlay Historic
Preservation, (OHP/RNC~20), designating the property at 602 Washington Street as
an Iowa City Historic Landmark, be given first vote. The Mayor declared the motion
carried.
Moved and seconded that the ordinance changing the zoning designation
from Neighborhood Conservation Residential, (RNC-20), to Oveday Historic
Preservation, (IHP/RNC-20), designating the property at 726 Iowa Avenue as an
Iowa City Historic Landmark, be given first vote. The Mayor declared the motion
carried.
Council Member Vanderhoef returned to the meeting.
A public hearing was held on an ordinance changing the zoning designation
from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone
for Block 67 of the Original Town Plat, excepting the 6,000 square foot property at
130 North Dubuque Street. The following individuals appeared: Kevin Hanick, on
behalf of the owner Patricia Lenoch; and Atty. Bob Downer, representing Wesley
Foundation. Moved and seconded to continue public hearing to May 6. The Mayor
declared the motion carried.
Official Actions
Page 4
April 22, 2003
Moved and seconded to defer to May 6 the ordinance changing the zoning
designation from CB-2, Central Business Service Zone to CB-5, Central Business
Support Zone for Block 67 of the Original Town Plat, excepting the 6,000 square foot
property at 130 North Dubuque Street. Kevin Hanick, representing owner Patricia
Lenoch, appeared. The Mayor declared the motion carried.
A public hearing was held on an ordinance conditionally changing the zoning
designation from CB-2, Central Business Service Zone to CB-5, Central Business
Support Zone, for a 6,000 square foot property at 130 North Dubuque Street. Moved
and seconded to continue public hearing to May 6. The Mayor declared the motion
carried.
Moved and seconded to defer to May 6 the ordinance conditionally changing
the zoning designation from CB-2, Central Business Service Zone to CB-5, Central
Business Support Zone, for a 6,000 square foot property at 130 North Dubuque
Street. The Mayor declared the motion carried.
Moved and seconded that ORD. 03-4070 REZONING 1.6 ACRES FROM
COMMUNITY COMMERCIAL (CC-2) TO PUBLIC (P) FOR PROPERTY LOCATED
AT 1828 LOWER MUSCATINE ROAD, be passed and adopted.
Moved and seconded to adopt RES. 03-115, APPROVING FINAL PLAT OF
RUPPERT HILLS, IOWA CITY, IOWA.
Moved and seconded to move up item #19 for consideration at this time. The
Mayor declared the motion carried.
Moved and seconded to approve a resolution to adopt the comprehensive set
of recommendations and schedule of membership fees, outlined in Planning for
Change:FY04 Funding, Operational and Programming Changes at the Iowa
City/Johnson County Senior Center, that were developed and approved by the
Senior Center Commission. Bob Welsh, 84 Penfro, Chair of the Johnson County
Task Force on Aging, requested deferral to May 6. Original motion withdrawn.
Moved and seconded to defer until May 6. The Mayor declared the motion carried.
Moved and seconded to accept correspondence from Charlotte Walker, Bob Welsh
and Pat Ephgrave, June Braverman and Charlotte Walker. The Mayor declared the
motion carried.
A public hearing was held on a resolution approving a purchase agreement
between the City of Iowa City and 1 Tower Place LLC for condominium Unit I-D in
Tower Place and parking and the disposition of said property in accordance
herewith.
Moved and seconded to adopt RES. 03-116, APPROVING A PURCHASE
AGREEMENT WITH 1 TOWER PLACE LLC FOR CONDOMINIUM UNIT I-D IN
TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN
ACCORDANCE THEREWITH.
A public hearing was held on amending the FY2003 operating budget.
Council Member Wilburn left the meeting due to a conflict of interest. A public
hearing was held regarding the proposed FY04 Annual Action Plan, including the
Community Development Block Grant (CDBG) and HOME Investment Partnership
Program (HOME) Budgets. the FY04 Annual Action Plan is a sub-part of Iowa City's
2001-2006 Consolidated Plan (City Steps), as amended. The following individuals
appeared: Amy Correia, Chair, Housing and Community Development Commission
(HCDC); Dottie Persson, President of the Shelter House Board, 14 Gallup Place;
Sandy Pickup, Free Medical Clinic, 818 Third Ave.; Jerry Anthony; Mariah Edington;
Tom Blogett, Shelter House, 2442 Walden Rd.; Michelle Hankes, 4C's; Heather
McDonald, Shelter House Board Member; Betty Norbeck, Shelter House Board
Member, 1715 Ridgeway Dr.; Karen Pease, 818 Benton Dr.; Jean Volk; Linda
Official Actions
Page 5
April 22, 2003
Nelson, HACAP Headstart, 1405 Oaklawn; Karen Kubby, Emma Goldman Clinic,
227 N. Dubuque St.; and Brad Langguth, President of Habitat affiliate. Community
and Economic Development Coordinator Nasby present for discussion. Moved and
seconded to accept correspondence from Amy Correia, Brad Langguth, Nancy
Stensvaag, Michael Bowers, Karen Kubby, Connie Benton Wolfe, Michelle Hankes,
Susan Lehmann, Carolyn Walling, letter signed by 11 individuals representing
students and faculty of Public Health Nursing Practicum, College of Nursing. The
Mayor declared the motion carried.
A public hearing was held on the Iowa City Housing Authority amended
Section 8 Administrative Plan.
Moved and seconded to adopt RES. 03-119, ADOPTING THE IOWA CITY
HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN.
A public hearing was held on The Iowa City Housing Authority amended
Public Housing Admissions and Continued Occupancy Plan (ACOP).
Moved and seconded to adopt RES. 03-118, TO ADOPT THE IOWA CITY
HOUSING AUTHORITY AMENDED PUBLIC HOUSING ADMISSIONS AND
CONTINUED OCCUPANCY PLAN (ACOP).
A public hearing was held on plans, specifications, form of contract and
estimate of cost for the construction of the Oakland Cemetery Deeded Body
Memorial Site, establishing amount of bid security to accompany each bid, directing
City Clerk to public advertisement for bids, and fixing time and place for receipt of
bids.
Moved and seconded to adopt RES. 03-119, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL
SITE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLIC ADVERTISEMENT FOR BIDS, AND FIXING
TIME AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the Waterworks Park Trailhead Parking project,
establishing amount of bid security to accompany each bid, directing City Clerk to
publish advertisement for bids, and fixing time and place for receipt of bids.
Moved and seconded to adopt RES. 03-120, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE WATERWORKS PARK TRAILHEAD PARKING
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on the City's intent to proceed with and authorizing
the acquisition of property rights for the Scott Park Trunk Sanitary Sewer project.
Glenn Siders, Southgate Development, PO Box 1907, appeared.
Moved and seconded to adopt RES. 03-121, DECLARING THE CITY'S
INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF
PROPERTY RIGHTS FOR THE SCOTT PARK TRUNK SANITARY SEWER
PROJECT.
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 add regulations for rental properties whereon two or more
separate occasions within a 12-month period of time the issuance of a criminal
complaint, municipal infraction, or a written notice of violation has occurred, be given
first vote. The following individuals appeared: Matt Blizek, 628 N. Linn St.; Nathaniel
Official Actions
Page 6
April 22, 2003
Gavronsky; Mike Wright, 815 Roosevelt St.; Pam Ehrhardt, 1029 E. Court St.; Jean
Walker, 335 Lucon Dr.; Mark Danielson, representing the Greater Iowa City
Apartment Association; Ann Estin; Kevin Perez, 161 Columbia Dr.; Keri Hornbuckle,
918 Washington St.; Nick Herbold, 319 E. Court St.; Mike Newman, 1234 Burns
Ave.; Gillian Dosenberg, 728 E. Washington St.; Jerry Hansen, 1239 Burns Ave.;
Daryl Woodson, 302 Kimball Rd.; Anna Buss, Miller Ave.; Jean Volk; Karen Leigh,
809 E. Bloomington St.; Hillary Sale, Task Force Member, 1016 E. College St. The
Mayor declared the motion carried. Moved and seconded to accept correspondence
from Margie Peskin, Charles and Margaret Felling, Sarah Buss Paulson and Henry
Paulson, Barbara Buss, Jerry Hansen, Paula and Lowell Brandt, Michael Wright,
Claire Sponsler, Barbara van der Woude, Marc Light and Jill Gaulding, Michelle
Campo, Jean Walker. The Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 3, entitled "City
Finances, Taxation and Fees", Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties," to add certain sections to Section 8, entitled
"Violation of Various Code Sections" and add a new Section 9, entitled "Non-
motorized Vehicle Violations," in order to set specific fines for certain violations, be
given second vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 4, entitled "Alcoholic
Beverages," Chapter 5, entitled "Prohibitions and Restrictions," of the City Code to
prohibit persons who are under the legal age for lawful purchase and possession of
alcoholic beverages from entering or remaining in establishments with liquor control
licenses or wine or beer permits between the hours of 10:00 p.m. and closing, be
given second vote for consideration at this time. The following individuals appeared:
Sarah Brazee, 815 E. Washington St.; Nate Green, U of I Student Body President,
702 N. Dubuque St. Moved and seconded to accept correspondence from Nate
Green. Also appearing for discussion were: Karen Pease, 818 Benton Dr.; Ralph
Wilmoth, Director of Johnson County Public Health; Don Stalkfleet; Art Schut,
MECCA; Megan Heneke, 100 Slater Hall; Jennifer Fischoff, 100 Burge Hall; Kyle
Fitzgerald; Steve Bergerud, 913 Gilbert Ct., Regal Amusements; Drew Bielduski, 16
Green Mountain Dr.; Kevin Perez, 161 Columbia Dr.; Kathy Huedepohl, 319 E.
Washington St.; Nathaniel Gavronsky, 100 Mayflower; Bret[ Castillo, 613 E. Court
St.; Eric Scogman, 216 E. Market St.; Tom BIogett, 2442 Walden Rd.; Jeff Nimits,
108 River St.; and Steve Parrott, 2562 Catskill Ct., Stepping Up Project. Original
motion withdrawn. Moved and seconded to amend the ordinance to prohibit persons
under nineteen years of age from entering or remaining in establishments with liquor
control licenses or wine or bee permits between the hours of 10:00 p.m. and closing.
The Mayor declared the motion to amend carried. Moved and seconded that the
amended ordinance be given first vote for passage. ']'he Mayor declared the motion
carried. Moved and seconded to accept correspondence from Chris Lake, Dave
Moore, Gwendolyn Archibald, Kathleen Janz, Peter Warski, Amber Johnson, Ryan
Meyer, Katie Budke, Amy Fletcher, Joey McCollum, Nick Mohr, Sarah Hansen, Mike
Juvenal, Brent Johnson, Carey Nassano, Lothar Beyer, Jeri Lyles, Bridget Wilson,
Kyle Bogler, Jonathan Heggen, Matt Wilkey, Thomas Tapp, Libby Shannon, Adam
Burton, Eric Smith, Courtney Nelson, Tyler Luebke, Mick Wroblewski, Carolyn
Cavat[, Shirley Radioff, Garret Paul Bock, Janice Marks Green, Shane Merriit,
Katherine Carlson, Aaron Greving, Mat[ Lippon Michelle Tegeler, Jenifer Mitchell,
Cory Kemp, Gabrean Barton, Michael Crane, Scott Hansen, Kelly Dolan, Gina
Pottorff, LaShelle Christensen, Amy McBeth [Staff response included], Lisa James,
Karly Rossiter. The Mayor declared the motion carried.
Official Actions
Page 7
April 22, 2003
Moved and seconded to adopt RES. 03-122, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LUBIN TRUST AND MOTIF, LTD. DBA BO-JAMES FOR A SIDEWALK CAFI~.
Moved and seconded to adopt RES. 03-123, APPROVING THE DESIGN OF
THE EXTERIOR ARCHITECTURE OF PLAZA TOWERS LOCATED ON BLOCK 64-
lA.
Moved and seconded to make the following appointments to boards and
commissions: appoint Margaret Loomer, 1248 Jensen Street, to the Parks and
Recreation Commission to fill an unexpired term ending January 1,2004; re-appoint
Dean Shannon, P. O. Box 3353 and Ann Freerks, 443 S. Governor Street, to the
Planning and Zoning Commission to fill two five-year terms May 1, 2003 - May 1,
2008; appoint David Bourgeois, 1477 Buckingham Place, to the Police Citizens
Review Board for a current or former Peace Officer to fill an unexpired term ending
September 1, 2005. (The City Council also reserves the right, for good cause shown,
to waive the requirement that the Board include one current or former peace officer
as that term is defined by State law.) The Mayor declared the motion carried. Moved
and seconded to accept correspondence from Helen Burford regarding Planning and
Zoning Commission. The Mayor declared the motion carried.
The Mayor noted the previously-announced vacancies: Airport Zoning Board
of Adjustment for one vacancy to fill an unexpired term ending December 31,2003;
Airport Zoning Commission for one vacancy to fill an unexpired term ending
December 31,2003. Historic Preservation Commission for one vacancy for a
Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006.
Library, Board of Trustees for three vacancies to fill six-year terms July 1, 2003 -
July 1,2009. Telecommunications Commission for one vacancy to fill an unexpired
term ending March 13, 2004. Applications must be received by 5:00 p.m.,
Wednesday, May 14.
Moved and seconded to adjourn special meeting at 1:00 a.m. The Mayor
declared the motion carried.
A more complete description of Council activities and disbursements is on file
in the office of the City Clerk and Finance Department.
s/Ernest W. Lehman, Mayor
s/Marian K. Karr, City Clerk
Subm'~ed for publication - 4/30/03.
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
APRIL 22, 2003
Iowa City City Council special meeting, 7:00 p.m. at the Civic Center, Mayor
Lehman presiding. Council Members present: Champion, Kanner, Lehman,
O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins,
Helling, Dilkes, Karr, Franklin, Nasby, O'Malley, Cate, Boothroy Grosvenor,
Klingaman. Council minutes tape recorded on Tape 03-32, Side 2; Tape 03-35, Both
Sides; Tape 03-36, Both Sides, Tape 03-37, Both Sides.
The Mayor proclaimed: Arbor Day -April 25, Terry Robinson, City Forester,
accepting; Volunteer Week - April 27 - May 3, Janie Jeffries (VAN) Volunteer Adm.
Network, accepting; Historic Preservation Week - May 5-12.
The Mayor presented Outstanding Student Citizenship Awards to Weber
Elementary students: Natalie Manhica, Katie Monson, Jake Zubrod.
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 April 7 and
April 8, subject to corrections, as recommended by the City Clerk.
Receive and File Minutes of Boards and Commissions
(recommendations to Council become effective only upon separate Council
action): Iowa City Board of Adjustment - March 12. Historic Preservation
Commission - March 13. Planning and Zoning Commission - March 20. Police
Citizens Review Board - March 11. Police Citizens Review Board - March 24.
Public Art Advisory Committee - March 6.
Motions: approve disbursements in the amount of $12,703,919.21 for
the period of March 1 through March 31,2003, as recommended by the
Finance Director subject to audit.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class E Liquor License for Liquor House, Ltd., dba Liquor House, 326 S.
Clinton St. Class B Wine Permit for Liquor House, Ltd., dba Liquor House,
326 S. Clinton St. Class C Beer Permit for Liquor House, Ltd., dba Liquor
House, 326 S. Clinton St. Outdoor Service Area for Motif, Ltd., dba Bo James,
118 E. Washington St. Renewals: Class C Liquor License for Ambiance, LLC,
dba Lark Restaurant, 1069 Hwy. 1 West. Class C Liquor License for Iowa City
Lodge #590 B.P.O Elks dba B.P.O. Elks #590, 637 Foster Road. Class B Beer
Permit for M & T Investments, Inc., dba Happy Joe's Pizza & Ice Cream
Parlor, 225 S. Gilbert St. Class C Liquor License for G M D, Inc., dba
Parthenon, 320 E. Burlington St. (Correspondence included in Council
packet.) Class A Liquor License for Iowa City Lodge #1096 Loyal Order of
Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy. 6 East. Special
Class C Liquor License for Little Donkeys, Inc., dba Panchero's, 32 S. Clinton
St. Special Class C Liquor License for Freshmex Iowa City, LLC, dba
Panchero's Mexican Grill, 965 S. Riverside Dr. Class C Liquor License for
Sam's Pizza lC, Inc., dba Sam's Pizza lC, Inc., 321 S. Gilbert St. Class C
Liquor License for Daverse II, Inc., dba College Street Billiard Club, 114-116
E. College St. RES. 03-110, TO ISSUE DANCING PERMIT to Iowa City
Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096,
3151 Hwy. 6 East.
Setting Public Hearings: RES. 03-111, SETTING A PUBLIC HEARING
FOR MAY 6 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
Complete Description
Page 2
April 22, 2003
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 ASPHALT
RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 03-112,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED 421 CRESTVIEW AVENUE, IOWA CITY, IOWA.
RES. 03-113, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED 336 DOUGLASS COURT, IOWA CITY, IOWA.
RES. 03-114, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND US BANK, N.A., OWENSBORO, KENTUCKY FOR
PROPERTY LOCATED 1541 DICKENSON LANE, IOWA CITY, IOWA.
Correspondence: Mark Edwards regarding Building Blocks to
Employment Seminar. Daniel Bruns regarding Mayor's Youth. Mary Prohaska
regarding Saving the Old Capitol Mall. Mel Sunshine regarding Non Residents
Speaking at Council Meetings. Kay Preston regarding Handicap Parking
Regulations. Pedro AIvarez regarding Nicaragua. Susan Frye regarding
MidAmerican Energy Company Iowa Residential Electric Rates. Catherine
Woodman regarding Dog Park. Doug Schillinger regarding Traffic Speed on
Friendship St. Pat Guard (lC Area Chamber of Commerce) regarding Retail
and Food Service. Marie Wilson regarding Preferential Treatment in Leaf
Pick-Up [Staff response included]. Greg Duethman regarding Old Capitol
Criterium. JCCOG Traffic Engineering Planner regarding Installation of a
Commercial Vehicle Loading Zone on the North Side of the Alley Located
between Linn Street and the Ped Mall.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Tom Padley, Mid American Energy Co., provided information on the wind farm
project and proposed electric rate freeze. Brandon Ross appeared regarding lawn
chemicals. Moved by Pfab, seconded by Wilburn, to accept correspondence from
Mr. Ross. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present. Nick Herbold, 319 E. Court St., requested Council move up items
#15 and #17 on the agenda. Sandy Kunde, Business and Professional Women of
Iowa City, thanked Council for the Equal Pay Day proclamation on the April 8
agenda. Dawn Mueller, 1220 Village Road, reviewed activities planned for Sexual
Assault Awareness Month; and wind power issues, noting her attendance at the
Wind Power Conference in May. Ann Bovbjerg, Planning and Zoning Chairperson,
thanked Council for acknowledging the recommendation of the Commission to look
at improvements on North Dubuque Street sooner rather than later. Karen Pease,
810 Benton Dr., regarding placement of controversial items late on the agenda.
Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for May
6 on a resolution amending the South Central District Plan to change the future land
use designation from Office Park / Commercial to Intensive or Highway Commercial
for property generally located east of Mormon Trek Boulevard extended. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Wilburn, to set a public hearing for May 6
on a resolution annexing approximately 150 acres of property generally located east
of Highway 218, west of the Iowa City Airport, and both north and south of Highway
Complete Description
Page 3
April 22, 2003
1. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by Champion, seconded by O'Donnell, to set a public hearing for May
6 on an ordinance rezoning approximately 6.1 acres from County RS, Suburban
Residential, to C1-1, Intensive Commercial for property located west of Dane Road,
east of Mormon Trek Boulevard extended. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for May 6
on an ordinance rezoning approximately 144 acres from County CH, C2, R1A, RS &
A1 to P, Public, CH-l, Highway Commercial, and ID-RS, Suburban Residential, for
property generally located east of Highway 218, west of the Iowa City Airport, and
both north and south of Highway 1. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
A public hearing was held on an ordinance changing the zoning designation
from High Density Single Family / Sensitive Area Overlay (RS-12/OSA) to Planned
Development Housing Overlay (OPDH-12/OSA) for 2.12 acres (Pine Ridge) of
property located at the southeast corner of Meadow Ridge Lane and north Dubuque
Street. The following individuals appeared: Atty. Dean Spina, CJ's Construction;
Corey Hodapp, CJ's Construction; Mike Cardane, 1949 Meadow Ridge Dr.; and John
Rimmert, Meadow Ridge Lane. Moved by O'Donnell, seconded by Pfab, to accept
correspondence from Melinda Bricker, Rodney Hanze, Christopher and Amy
Hamdorf. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A public hearing was held on an ordinance combining the Longfellow Historic
District and the Moffitt Cottage Historic District into one historic district named the
Longfellow Historic District. No one appeared.
Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring
ordinances to be considered and voted on for final passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the first
consideration and vote be waived and that ordinance to amend an existing Planned
Development Housing Plan (OPDH-8) to allow a 64-unit residential development for
lot 255 of Windsor Ridge, Part Twelve located at the intersection of Court Street and
Arlington Drive, be given second vote for consideration at this time. The Mayor
declared the motion defeated, 5/2, with the following division of roll call vote. Ayes:
Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent:
None. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance be given
first vote. The Mayor declared the motion carried, 6/1, with the following division of
roll call vote. Ayes: Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn, Champion.
Nays: Pfab. Absent: None. The Mayor declared the motion carried. Moved by
O'Donnell, seconded by Champion, to accept correspondence from John Moreland.
The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Council Member Vanderhoef left meeting due to a conflict of interest on the
next four items.
Moved by Wilburn, seconded by O'Donnell, that the ordinance to rezone from
Neighborhood Conservation Residential (RNC-12 & RNC-20), High Density
Multifamily Residential (RM-44) and Medium Density Single Family Residential (RS-
8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM-44/OCD & RS-
8/OCD) for the designation of the College Hill Conservation District within the College
Hill Neighborhood, be given first vote. The following individuals appeared: Mike
Brennan, Longfellow Neighborhood; Lisa Schintler, 1033 E. Burlington St. PCD
Complete Description
Page 4
April 22, 2003
Director Franklin appeared. Individual Council Members expressed their views.
Moved by Pfab, seconded by Kanner, to defer consideration of the ordinance until
May 6. The Mayor declared the motion to defer defeated, 2/4, with the following
division of votes: Ayes: Kanner, Pfab. Nays: Champion, Lehman, O'Donnell,
Wilburn. The Mayor declared the motion on first consideration carried, 4/2, with the
following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn,
Champion. Nays: Pfab, Kanner. Abstaining: Vanderhoef.
Moved by O'Donnell, seconded by Champion, that the ordinance changing the
zoning designation from Neighborhood Conservation Residential, (RNC-12), to
Overlay Historic Preservation, (OHP/RNC-12), designating the property located at 30
South Governor Street an Iowa City Historic Landmark, be given first vote.
Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared
the motion carried.
Moved by Champion, seconded by O'Donnell, that the ordinance changing the
zoning designation from Neighborhood Conservation Residential, (RNC-20), to
Overlay Historic Preservation, (OHP/RNC-20), designating the property at 802
Washington Street as an Iowa City Historic Landmark, be given first vote. Affirmative
roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the motion
carried.
Moved by O'Donneli, seconded by Pfab, that the ordinance changing the
zoning designation from Neighborhood Conservation Residential, (RNC-20), to
Overlay Historic Preservation, (IHP/RNC-20), designating the property at 726 Iowa
Avenue as an Iowa City Historic Landmark, be given first vote. Affirmative roll call
vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the motion carried.
Council Member Vanderhoef returned to the meeting.
A public hearing was held on an ordinance changing the zoning designation
from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone
for Block 67 (Hanick) of the Original Town Plat, excepting the 6,000 square foot
property at 130 North Dubuque Street. The following individuals appeared: Kevin
Hanick, on behalf of the owner Patricia Lenoch; and Atty. Bob Downer, representing
Wesley Foundation. Individual Council Members expressed their views. Moved by
Pfab, seconded by Vanderhoef, to continue public hearing to May 6. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Pfab, to defer to May 6 the ordinance
changing the zoning designation from CB-2, Central Business Service Zone to CB-5,
Central Business Support Zone for Block 67 (Hanick) of the Original Town Plat,
excepting the 6,000 square foot property at 130 North Dubuque Street. Kevin
Hanick, representing owner Patricia Lenoch, appeared. The Mayor declared the
motion carried, 6/1, with the following division of roll call vote. Ayes: Champion,
Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Wilburn. Absent: None.
A public hearing was held on an ordinance conditionally changing the zoning
designation from CB-2, Central Business Service Zone to CB-5, Central [~u$iness
Support Zone, for a 6,000 square foot property (Hanick) at 130 North Dubuque
Street. Moved by Vanderhoef, seconded by O'Donnell, to continue public hearing to
May 6. The Mayor declared the motion carried unanimously, 6/0, Kanner absent.
Moved by Vanderhoef, seconded by O'Donnell, to defer to May 6 the
ordinance conditionally changing the zoning designation from CB-2, Central
Business Service Zone to CB-5, Central Business Support Zone, for a 6,000 square
foot property (Hanick) at '130 North Dubuque Street. The Mayor declared the motion
carried unanimously, 6/0, Kanner absent.
Complete Description
Page 5
April 22, 2003
Moved by Champion, seconded by Pfab, that ORD. 03-4070 REZONING 1.6
ACRES FROM COMMUNITY COMMERCIAL (CC-2) TO PUBLIC (P) FOR
PROPERTY LOCATED AT 1828 LOWER MUSCATINE ROAD (Kirkwood
Community College), be passed and adopted. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Pfab, seconded by O'Donnell, to adopt RES. 03-115, APPROVING
FINAL PLAT OF RUPPERT HILLS, IOWA CITY, IOWA. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by O'Donnell, seconded by Kanner, to move up item #19 for
consideration at this time. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Moved by Vanderhoef, seconded by Champion, to approve a resolution to
adopt the comprehensive set of recommendations and schedule of membership
fees, outlined in Planning for Change:FY04 Funding, Operational and Programming
Changes at the Iowa City/Johnson County Senior Center, that were developed and
approved by the Senior Center Commission. Bob Welsh, 84 Penfro, Chair of the
Johnson County Task Force on Aging, requested deferral to May 6. Individual
Council Members expressed their views. Original motion withdrawn. Moved by
Wilburn, seconded by Pfab, to defer until May 6. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present. Moved by Champion,
seconded by Wilburn, to accept correspondence from Charlotte Walker, Bob Welsh
and Pat Ephgrave, June Braverman and Charlotte Walker. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution approving a purchase agreement
between the City of Iowa City and 1 Tower Place LLC for condominium Unit I-D in
Tower Place and parking and the disposition of said property in accordance
herewith. No one appeared.
Moved by O'Donnell, seconded by Champion, to adopt RES. 03-116,
APPROVING A PURCHASE AGREEMENT WITH 1 TOWER PLACE LLC FOR
CONDOMINIUM UNIT I-D IN TOWER PLACE AND PARKING AND THE
DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
A public hearing was held on amending the FY2003 operating budget. No
one appeared.
Council Member Wilburn left the meeting due to a conflict of interest. A public
hearing was held regarding the proposed FY04 Annual Action Plan, including the
Community Development Block Grant (CDBG) and HOME Investment Partnership
Program (HOME) Budgets. the FY04 Annual Action Plan is a sub-part of Iowa City's
2001-2006 Consolidated Plan (City Steps), as amended. The following individuals
appeared: Amy Correia, Chair, Housing and Community Development Commission
(HCDC); Dottle Persson, President of the Shelter House Board, 14 Gallup Place;
Sandy Pickup, Free Medical Clinic, 818 Third Ave.; Jerry Anthony; Mariah Edington;
Tom Blogett, Shelter House, 2442 Walden Rd.; Michelle Hankes, 4C's; Heather
McDonald, Shelter House Board Member; Betty Norbeck, Shelter House Board
Member, 1715 Ridgeway Dr.; Karen Pease, 818 Benton Dr.; Jean Volk; Linda
Nelson, HACAP Headstart, 1405 Oaklawn; Karen Kubby, Emma Goldman Clinic,
227 N. Dubuque St.; and Brad Langguth, President of Habitat affiliate. Community
and Economic Development Coordinator Nasby present for discussion. Individual
Council Members expressed their views. Moved by Pfab, seconded by Kanner, to
Complete Description
Page 6
April 22, 2003
accept correspondence from Amy Correia, Brad Langguth, Nancy Stensvaag,
Michael Bowers, Karen Kubby, Connie Benton Wolfe, Michelle Hankes, Susan
Lehmann, Carolyn Walling, letter signed by 11 individuals representing students and
faculty of Public Health Nursing Practicum, College of Nursing. The Mayor declared
the motion carried unanimously, 6/0,Wilburn absent. Council Member Wilburn
returned to the meeting.
A public hearing was held on the Iowa City Housing Authority amended
Section 8 Administrative Plan. No one appeared.
Moved by Pfab, seconded by Champion, to adopt RES. 03-119, ADOPTING
THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8
ADMINISTRATIVE PLAN. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on The Iowa City Housing Authority amended
Public Housing Admissions and Continued Occupancy Plan (ACOP). No one
appeared.
Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-118, TO ADOPT
THE IOWA CITY HOUSING AUTHORITY AMENDED PUBLIC HOUSING
ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
A public hearing was held on plans, specifications, form of contract and
estimate of cost for the construction of the Oakland Cemetery Deeded Body
Memorial Site, establishing amount of bid security to accompany each bid, directing
City Clerk to public advertisement for bids, and fixing time and place for receipt of
bids. No one appeared.
Moved by O'Donnell seconded by Kanner, to adopt RES. 03-119,
APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED
BODY MEMORIAL SITE, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLIC
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the Waterworks Park Trailhead Parking project,
establishing amount of bid security to accompany each bid, directing City Clerk to
publish advertisement for bids, and fixing time and place for receipt of bids. No one
appeared.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-120,
APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PARK
TRAILHEAD PARKING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
A public hearing was held on the City's intent to proceed with and authorizing
the acquisition of property rights for the Scott Park Trunk Sanitary Sewer project.
Glenn Siders, Southgate Development, PO Box 1907, appeared.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-121,
DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE
Complete Description
Page 7
April 22, 2003
ACQUISITION OF PROPERTY RIGHTS FQR THE SCOTT PARK TRUNK
SANITARY SEWER PROJECT. Individual Council Members expressed their views.
The Mayor declared the resolution adopted, 5/2, with the following division of roll call
vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Vanderhoef, Nays: Kanner,
Pfab, Absent: None.
Moved by Vanderhoef, seconded by Champion, that the ordinance amending
City Code Title 14, entitled "Uniform Development Code," Chapter 5, entitled
"Building and Housing," Article E, entitled "Housing Code," to add regulations for
rental properties whereon two or more separate occasions within a 12-month period
of time the issuance of a criminal complaint, municipal infraction, or a written notice
of violation has occurred, be given first vote. The following individuals appeared:
Matt Blizek, 628 N. Linn St.; Nathaniel Gavronsky; Mike Wright, 615 Roosevelt St.;
Pam Ehrhardt, 1029 E. Court St.; Jean Walker, 335 Lucon Dr.; Mark Danielson,
representing the Greater Iowa City Apartment Association; Ann Estin; Kevin Perez,
161 Columbia Dr.; Keri Hornbuckle, 918 Washington St.; Nick Herbold, 319 E. Court
St.; Mike Newman, 1234 Burns Ave.; Gillian Dosenberg, 728 E. Washington St.;
Jerry Hansen, 1239 Burns Ave.; Daryl Woodson, 302 Kimball Rd.; Anna Buss, Miller
Ave.; Jean Volk; Karen Leigh, 809 E. Bloomington St.; Hillary Sale, Task Force
Member, 1016 E. College St. HIS Director Boothroy present for discussion. The
Mayor declared the motion carried, 5/2, with the following division of roll call vote.
Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner, Wilbum.
Moved by Pfab, seconded by Vanderhoef, to accept correspondence from Margie
Peskin, Charles and Margaret Felling, Sarah Buss Paulson and Henry Paulson,
Barbara Buss, Jerry Hansen, Paula and Lowell Brandt, Michael Wright, Claire
Sponsler, Barbara van der Woude, Marc Light and Jill Gaulding, Michelle Campo,
Jean Walker. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Vanderhoef, seconded by Pfab, that the ordinance amending Title
3, entitled "City Finances, Taxation and Fees", Chapter 4, entitled "Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties," to add certain sections to Section 8,
entitled "Violation of Various Code Sections" and add a new Section 9, entitled "Non-
motorized Vehicle Violations," in order to set specific fines for certain violations, be
given second vote. The Mayor declared the motion carried, 6/1, with the following
division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn,
Champion. Nays: Kanner. Absent: None.
Moved by Vanderhoef, seconded by Champion, that the ordinance amending
Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and
Restrictions," of the City Code to prohibit persons who are under the legal age for
lawful purchase and possession of alcoholic beverages from entering or remaining in
establishments with liquor control licenses or wine or beer permits between the hours
of 10:00 p.m. and closing, be given second vote for consideration at this time. The
following individuals appeared: Sarah Brazee, 815 E. Washington St.; Nate Green,
U of I Student Body President, 702 N. Dubuque St. Moved by Champion, seconded
by Vanderhoef, to accept correspondence from Nate Green. Also appearing for
discussion were: Karen Pease, 818 Benton Dr.; Ralph Wilmoth, Director of Johnson
County Public Health; Don Stalkfleet; Art Schut, MECCA; Megan Heneke, 100 Slater
Hall; Jennifer Fischoff, 100 Burge Hall; Kyle Fitzgerald; Steve Bergerud, 913 Gilbert
Ct., Regal Amusements; Drew Bielduski, 16 Green Mountain Dr.; Kevin Perez, 161
Columbia Dr.; Kathy Huedepohl, 319 E. Washington St.; Nathaniel Gavronsky, 100
Mayflower; Brett Castillo, 613 E. Court St.; Eric Scogman, 216 E. Market St.; Tom
Blogett, 2442 Walden Rd.; Jeff Nimits, 108 River St.; and Steve Parrott, 2562 Catskill
Complete Description
Page 8
April 22, 2003
Ct., Stepping Up Project. Individual Council Members expressed their views. Original
motion withdrawn. Moved by Champion, seconded by O'Donnell, to amend the
ordinance to prohibit persons under nineteen years of age from entering or remaining
in establishments with liquor control licenses or wine or bee permits between the
hours of 10:00 p.m. and closing. The Mayor declared the motion by Pfab to call the
question fails for lack of a second. The Mayor declared the motion to amend carried
4/3, with the following division of votes: Ayes: O'Donnell, Champion, Kanner, Pfab.
Nays: Lehman, Vanderhoef, Wilburn. Moved by Champion, seconded by Kanner,
that the amended ordinance be given first vote for passage. Council Members
agreed to give the ordinance second and third considerations at meetings on May 5
and 6. The Mayor declared the motion carried on the amended ordinance, 6/1, with
the following division of votes: Ayes: Lehman, O'Donnell, Manderhoef, Wilburn,
Champion, Kanner. Nays: Pfab. Absent: None. Moved by Vanderhoef, seconded
by O'Donnell, to accept correspondence from Chris Lake, Dave Moore, Gwendolyn
Archibald, Kathleen Janz, Peter Warski, Amber Johnson, Ryan Meyer, Katie Budke,
Amy Fletcher, Joey McCollum, Nick Mohr, Sarah Hansen, Mike Juvenal, Brent
Johnson, Carey Nassano, Lothar Beyer, Jeri Lyles, Bridget Wilson, Kyle Bogler,
Jonathan Heggen, Matt Wilkey, Thomas Tapp, Libby Shannon, Adam Burton, Eric
Smith, Courtney Nelson, Tyler Luebke, Mick Wroblewski, Carolyn Cavatt, Shirley
Radioff, Garret Paul Bock, Janice Marks Green, Shane Merriit, Katherine Carlson,
Aaron Greving, Matt Lippon Michelle Tegeler, Jenifer Mitchell, Cory Kemp, Gabrean
Barton, Michael Crane, Scott Hansen, Kelly Dolan, Gina Pottorff, LaShelle
Christensen, Amy McBeth [Staff response included], Lisa James, Karly Rossiter. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-122,
AUTHORIZING ']'HE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-
WAY BETWEEN THE CITY OF IOWA CITY, LUBIN TRUST AND MOTIF, LTD. DBA
BO-JAMES FOR A SIDEWALK CAFE~. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-123,
APPROVING THE DESIGN OF THE EXTERIOR ARCHITECTURE OF PLAZA
TOWERS LOCATED ON BLOCK 64-1A. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Pfab, seconded by Vanderhoef, to make the following appointments
to boards and commissions: appoint Margaret Loomer, 1248 Jensen Street, to the
Parks and Recreation Commission to fill an unexpired term ending January 1,2004;
re-appoint Dean Shannon, P. O. Box 3353 and Ann Freerks, 443 S. Governor Street,
to the Planning and Zoning Commission to fill two five-year terms May 1, 2003 - May
1,2008; appoint David Bourgeois, 1477 Buckingham Place, to the Police Citizens
Review Board for a current or former Peace Officer to fill an unexpired term ending
September 1, 2005. (The City Council also reserves the right, for good cause shown,
to waive the requirement that the Board include one current or former peace officer
as that term is defined by State law.) The Mayor declared the motion carried
unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by
O'Donnell, to accept correspondence from Helen Burford regarding Planning and
Zoning Commission. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
The Mayor noted the previously-announced vacancies: Airport Zoning Board
of Adjustment for one vacancy to fill an unexpired term ending December 31,2003;
Airport Zoning Commission for one vacancy to fill an unexpired term ending
Complete Description
Page 9
April 22, 2003
December 31, 2003. Historic Preservation Commission for one vacancy for a
Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006.
Library, Board of Trustees for three vacancies to fill six-year terms July 1, 2003 -
July 1, 2009. Telecommunications Commission for one vacancy to fill an unexpired
term ending March 13, 2004. Applications must be received by 5:00 p.m.,
Wednesday, May 14.
Moved by Champion, seconded by O'Donnell, to adjourn special meeting at
1:00 a.m. The Mayor declared the motion carried, 7/0, all Council Member present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk