HomeMy WebLinkAbout1998-12-01 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
DECEMBER 1, 1998
Iowa City City Council meeting, 7:00 p.m. at the Civic Center. Mayor Lehman
presiding. Council Members present: Champion, Lehman, Norton, O'Donnell,
Thornberry. Absent: Kubby, Vanderhoef. Staffmembers present: Atkins, Helling,
Franklin, Dilkes, Karr, Handsaker, Schmadeke, Grosvenor. Council minutes tape
recorded on Tapes 98-133, Both Sides; 98-134, Side 1.
The Mayor presented the Outstanding Student Citizenship Awards to Lincoln
Elementary students: Alex Bryk, Alexandra Krieg, and Yoav Strainer.
The Mayor proclaimed World AIDS Day - December 1, Karen Robinson and
Joe Wilson accepted; City High Little Hawks Volleyball Team Recognition Day -
December 2, Coach Delozier and team members accepted; West High Trojan
Football Team Recognition Day - December 4, Coach Morgan and team members
accepted; Human Rights Day - December 1 O, Dorothy Paul accepted.
Moved by Norton, seconded by Thornberry, to adopt the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted
as amended:
Approval of Official Council Actions of the regular meeting of
November 17, as published, subject to corrections, as recommended by the
City Clerk.
Minutes of Boards and Commissions: Historic Preservation Comm. -
September 10.
Approve the proposed Summit Street Bridge reconstruction plans.
Historic Preservation Comm. - October 1, Historic Preservation Cornre. 1999
Preservation Plan Implementation Report; Housing & Community
Development Comm. - October 15. Airport Comm. - October 8. Human
Rights Comm. - October 19. Telecomm. Comm. - October 26. P&Z Comm.
- November 5. Sr. Center Comm. - October20.
Permit Motions: Refund an unused portion of a Special Class C Liquor
License for Caf~ La Perlita, 327 E. Market St. Special Class C Liquor License
for Pagliai's Pizza, 302 E. Bloomington. Class C Liquor License for New Yen
Ching Restaurant, 1803 Boyrum St. Class C Beer Permit for Petro n
Provisions, 2 Escort Lane.
Motions: Approve disbursements in the amount of $12,316,023.05
for the period of October 1 through October 31, 1998, as recommended by
the Finance Director subject to audit. Accepting abstract of votes for the
November 3, 1998, election.
Resolutions, Bk. 119: RES. 98-373, p. 373, AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
MERCANTILE BANK MIDWEST, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 19 REGAL LANE, IOWA CITY, IOWA. RES. 98-374, p. 374,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
Council Activities
December 1, 1998
Page 2
ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND FIRSTPLUS FREEDOM, SALT LAKE CITY, UTAH FOR PROPERTY
LOCATED AT 619 KIRKWOOD AVENUE, IOWA CITY, IOWA. RES. 98-375,
p. 375, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION
LOAN FOR THE PROPERTY LOCATED AT 120 NORTH GOVERNOR STREET,
IOWA CITY, IOWA.
Correspondence: Stephen Gander (World's Toughest Rodeo) regarding
rodeo and circus ordinance. Joan Liffring-Zug Bourret and Dwayne Bourret
regarding North Dubuque Street sidewalk. Pamela Stewart regarding sales
tax. Marge Trusty regarding deer and sales tax. Drew Chebuhar regarding
fare reduction. Ekhart Ziegler regarding Benton Street. Richard and Mary Ann
Park regarding Benton Street. Pamela Bourjaily (Roosevelt Elementary School
PTO) regarding Benton Street. Kathy Janz regarding Goosetown traffic
calming. Youth on the Plaza Task Force regarding additional funding to
increase police presence in the downtown. Civil Service Commission
submitting certified lists of applicants for the following position(s): Code
Enforcement Assistant; Mass Transit Operator. Lloyd Wanveer regarding
municipal bonds and stocks. Riverside Theatre regarding proposed Riverside
Festival Stage. Ruth Baker regarding Benton St. project.
Council Member Champion thanked City staff for development of the design of the
Summit Street Bridge. Mayor Lehman and Council Member Norton reported on the
ribbon cutting of the WooIf Avenue bridge. Affirmative roll call vote unanimous,
5/0, Kubby, Vanderhoef absent. The Mayor declared the motion carried.
Gary Sanders appeared regarding a Citizens Patrol on the Ped Mall; thanked
Police for their quick response to his 911 call; and expressed concerns on the
parking facility planned for the corner of Iowa and Linn Streets.
A public hearing was held on an ordinance to vacate street right-of-way
located east of North Market Square Park, and south of Horace-Mann School (Iowa
City Community Schools). No one appeared.
Moved by Thornberry, seconded by O'Donnell, that the ordinance changing
the zoning designation of 21.53 acres from Low Density Single Family Residential
(RS-5), County A1, Rural, and County CH, Highway Commercial, to Planned
Development Housing Overlay (OPDH-12), located at the southeast corner of Scott
Boulevard and American Legion Road (Silvercrest), be given second for
consideration. Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef absent.
The Mayor declared the motion carried.
Moved by Thornberry, seconded by Norton, that the ordinance changing the
zoning designation of approximately 10 acres from Low Density Single-Family
Residential (RS-5) to Planned Development Housing Overlay (OPDH-5), to allow 36
dwelling units, for property located at Wellington Drive and Village Road (Village
Green Part 16, Wellington Condominiums), be given second vote for consideration.
Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef absent. The Mayor
declared the motion carried.
Council Activities
December 1, 1998
Page 3
The Mayor reported that Council Member Vanderhoef was out of town on
City business and would not be present at tonight's Council meeting.
Moved by Norton, seconded by Thornberry, that the ordinance changing the
zoning designation of a 4.45 acre tract from Suburban Residential (County RS), to
Low Density Single-Family Residential (RS-5) and Public (P) for property located at
the east terminus of Court Street, be given second vote for consideration.
Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef absent. The Mayor
declared the motion carried.
Moved by Thornberry, seconded by Norton, to adopt ORD. 98- 3858, Bk.
41, p. 45, VACATING THE NORTHERN 160 FEET OF THE 20-FOOT WIDE ALLEY
RIGHT-OF-WAY SOUTH OF PRENTISS STREET AND WEST OF CAPITOL STREET
(University of Iowa). Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef
absent. The Mayor declared the ordinance adopted.
Moved by Norton, seconded by Thornberry, to defer indefinitely an ordinance
vacating the Madison Street right-of-way south of Prentiss Street, the Des Moines
Street right-of-way west of Capitol Street and the south 160-feet of the 20-foot
wide alley south of Prentiss Street and west of Capitol Street. The Mayor declared
the motion carried unanimously, 5/0, Kubby, Vanderhoef absent.
Moved by Thornberry, seconded by Norton, to adopt RES. 98-376, Bk. 119,
p. 376, APPROVING FINAL PLAT OF GALWAY HILLS SUBDIVISION, PART FIVE.
Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef absent. The Mayor
declared the resolution adopted.
Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-377, Bk.
119, p. 377, APPROVING FINAL PLAT OF RESUBDIVISION OF LOTS 3, 4, 5, AND
6 OF W.B. DEVELOPMENT, IOWA CITY, IOWA. Affirmative roll call vote
unanimous, 5/0, Kubby, Vanderhoef absent. The Mayor declared the resolution
adopted.
A public hearing was held on an ordinance conveying vacated portions of the
Des Moines Street right-of-way located west of Capitol Street and east of the Iowa
River, the Madison Street right-of-way south of Prentiss Street and north of the
Iowa Interstate railroad tracks, and the 20 foot wide alley between Prentiss Street
and the Des Moines Street right-of-way west of Capitol Street to the University of
Iowa/Iowa State Board of Regents, the redeveloper of the subject property and
owner of all abutting properties, for a purpose and without compensation. No one
appeared.
Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-378, Bk.
119, p. 377, AUTHORIZING CONVEYANCE OF VACATED PORTIONS OF THE DES
MOINES STREET RIGHT-OF-WAY LOCATED WEST OF CAPITOL STREET AND
EAST OF THE IOWA RIVER, THE MADISON STREET RIGHT-OF-WAY SOUTH OF
PRENTISS STREET AND NORTH OF THE IOWA INTERSTATE RAILROAD TRACKS,
AND THE 20 FOOT WIDE ALLEY BETWEEN PRENTISS STREET AND THE DES
MOINES STREET RIGHT-OF-WAY WEST OF CAPITOL STREET TO THE
UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS, THE REDEVELOPER
OF THE SUBJECT PROPERTY AND OWNER OF ALL ABUTTING PROPERTIES, FOR
Council Activities
December 1, 1998
Page 4
A PURPOSE AND WITHOUT COMPENSATION. Affirmative roll call vote unanimous,
5/0, Kubby, Vanderhoef absent. The Mayor declared the resolution adopted.
Moved by Norton, seconded by Thornberry, that the ordinance amending the
City Code of the City of Iowa City, Iowa, by amending Chapter 8, entitled "Police
Citizens' Review Board," specifically, Sections 8-8-2 and 8-8-7, to eliminate
complainant participation in due process name clearing hearings, be given first vote
for consideration. City Atty. Dilkes briefly explained the provisions of the ordinance.
Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef absent. The Mayor
declared the motion carried.
Moved by Thornberry, seconded by O'Donnell, that the ordinance amending
Title 9 of the City Code of Iowa City entitled "Motor Vehicles and Traffic," by
amending Chapter 3, Section 6b herein to change the speed limit on US Highway 6
from the east City limit to a point 500 feet west of Heinz Road, be given second
vote for consideration. Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef
absent. The Mayor declared the motion carried.
Moved by Norton, seconded by Thornberry, to adopt ORD. 98-3859, Bk. 41,
p. 46, AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY
AMENDING SECTION 8-5-5, ENTITLED "KEEPING DISORDERLY HOUSE," TO
PROVIDE FOR POLICE INITIATED COMPLAINTS AND TO PROVIDE FOR POLICE
AUTHORITY TQ RESTORE ORDER AND DISPERSE PERSONS FROM VIOLATING
PREMISES. City Atty. Dilkes briefly outlined the provisions of the ordinance.
Affirmative roll call vote unanimous, 5/0, Kubby, Vanderhoef absent. The Mayor
declared the ordinance adopted. Moved by Thornberry, seconded by O'Donnell, to
accept correspondence from Caroline Dieterie. The Mayor declared the motion
carried unanimously, 5/0, Kubby, Vanderhoef absent.
Moved by Thornberry, seconded by Norton, to adopt ORD. 98-3860, Bk. 41,
p. 47, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE,"
CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE E ENTITLED "WASTEWATER
TREATMENT WORKS INDIRECT DISCHARGE," SECTION 4, ENTITLED
"PRETREATMENT STANDARDS," OF THE CITY CODE TO AMEND PLANT
INFLUENT ZINC STANDARDS. Affirmative roll call vote unanimous, 5/0, Kubby,
Vanderhoef absent. The Mayor declared the motion carried.
Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-379, Bk.
119, p. 379, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE ARTISTS FOR THE DOWNTOWN PEDESTRIAN MALL WATER FEATURE
AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
THE SAME. PCD Director Franklin present for discussion. Affirmative roll call vote
unanimous, 5/0, Kubby, Vanderhoef absent. The Mayor declared the resolution
adopted.
Moved by Norton, seconded by O'Donnell, to adopt RES. 98-380, Bk. 119,
p. 380, APPROVING THE WINTER 1998/99 DEER MANAGEMENT PLAN FOR
IOWA CITY. The following individuals appeared: Clayton Foley, 612 E. Court;
Vanessa Jones, 804 N. Dubuque; Chad Gonnerman, 507 N. Linn; Florence Boos,
1427 Davenport; Carlo Porto; and Ben Lewis, 507 N. Linn. Individual Council
Council Activities
December 1, 1998
Page 5
Members expressed their views. Affirmative roll call vote unanimous, 5/0, Kubby,
Vanderhoef absent. The Mayor declared the resolution adopted. Moved by
Champion, seconded by O'Donnell, to accept correspondence from: D. Oshea; Jack
Fredregill; Nicholas Sitzman; Jennifer Bowen; Elise Pohl; Maria Fernanda Garcia;
Kelley Donham; Vanessa Jones. The Mayor declared the motion carried
unanimously, 5/0, Kubby, Vanderhoef absent.
Moved by Norton, seconded by Thornberry, that the ordinance amending
Section 8-7-1, City Code, to allow the discharge of firearms for deer management
purposes, be given first consideration. Affirmative roll call vote unanimous, 5/0,
Kubby, Vanderhoef absent. The Mayor declared the motion carried.
Moved by Thornberry, seconded by Champion, to adopt RES. 98-381, Bk.
119, p. 381, APPROVING THE SECTION 8 ADMINISTRATIVE PLAN FOR THE
IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAMS. Housing Adm.
Grosvenor present for discussion. Affirmative roll call vote unanimous, 5/0, Kubby,
Vanderhoef absent. The Mayor declared the resolution adopted.
Moved by Thornberry, seconded by Norton, to adopt RES. 98-382, Bk. 119,
p. 382, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST
AMENDMENT NO. 5 TO THE AGREEMENT DATED OCTOBER 26, 1993, BETWEEN
STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA, AND THE CITY OF IOWA
CITY FOR CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER
TREATMENT AND COLLECTION FACILITIES. Public Works Director Schmadeke
present for discussion. Affirmative roll call vote unanimous, 5/0, Kubby,
Vanderhoef absent. The Mayor declared the resolution adopted.
Moved by Norton, seconded by Thornberry, to appoint Michael Paul, 3642
Foxana Dr. to the Board of Adjustment to fill a five-year term ending 1/1/04;
appoint Tim Fehr, 1116 Hampton Ct., to the Board of Appeals to fill a five-year
term ending 12/31/03, for a mechanical professional; appoint Mark Graham, 2482
Lakeside Dr., to the Riverfront & Natural Areas Comm., to fill a three-year term
ending 12/31/01. The Mayor declared the motion carried unanimously, 5/0, Kubby,
Vanderhoef absent.
Council Member O'Donnell complimented University of Iowa Football Coach
Hayden Fry on his accomplishments during his tenure and wished him health and
happiness in his retirement.
Council Member Champion stated she was in love with the downtown lights
and the plans for the future fountain.
In response to Council Member Norton, City Clerk Karr stated that
attendance of all Board and Commission members are provided to Council every
time there is a vacancy on that Board and Commission. Council Member Norton
noted the letter received from Joan Liffring-Zug Bourret and Dwayne Bourret
regarding the North Dubuque sidewalk, and asked staff to report back; and
encouraged Council Members to stop by the snowplow roadeo at Mercer Park on
December 2.
Mayor Lehman noted Council Member Vanderhoef's term on ECICOG was
expiring on December 31, 1998 and she was interested in reappointment. Moved
Council Activities
December 1, 1998
Page 6
by Thornberry, seconded by Champion, to recommend to the JCCOG Board the
reappointment of Council Member Vanderhoef. The Mayor declared the motion
carried unanimously, 5/0, Kubby, Vanderhoef absent. The Mayor announced the
opening of Planet X in the former Wardway Plaza, noting it was a great place for
young people to congregate where alcohol is not served.
In response to Norton, the Mayor stated that a joint meeting with the County
is scheduled for Monday, December 7, to discuss fringe area concerns; and a
meeting to discuss Police Citizens Review Board issues will be scheduled after the
first of the year and after adoption of the Standard Operating Procedures.
Moved by Champion, seconded by O'Donnell, to adjourn 8:50 p.m. The
Mayor declared the motion carried, 5/0, Kubby, Vanderhoef absent.
Ma;~"""~n K. Karr, City Clerk
Subject to change as finalized by the City
Clerk. For a final official copy, contact the
City Clerk's Office, 356-5040.
The cost of publishing the following
proceedings and claims is ~
Cumulative cost for this calendar year for said
publication is ~
OFFICIAL COUNCIL ACTIONS - 11/17/98
Iowa City City Council, regular
meeting, 7:00 p.m. at the Civic Center.
Mayor Lehman presiding. Council Members
present: Champion, Kubby, Lehman, Norton,
O'Donnell, Thornberry, Vanderhoef. Absent:
None,
The Mayor presented the Outstanding
Student Citizenship Awards to Horace Mann
Elementary students: Devon Jackson, Morgan
Nicholson, Britney Tonning.
The Mayor proclaimed West High
Women of Troy Girls Cross Country Team
Recognition Day - November 17, Coach Mike
Parker and members of the team accepted;
Regina Regals Boys Cross Country Team
Recognition Day - November 18, Coach Bob
Brown and members of the team accepted;
Great American Smokeout - November 19,
Amy Carlson, American Cancer Society
Program Director and Roosevelt 5th and 6th
grade Science Classes accepted, and
presented Great American Smokeout Survival
Kits to Council Members.
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 of the special meetings of
October 29 and November 2 and the
regular meeting of November 3, as
published, subject to corrections, as
recommended by the City Clerk.
Minutes of Boards and
Commissions: Bd. of Adjustment -
October 14. Bd. of Appeals - October
5. Library Bd. of Trustees - October
22. P&R Comm. - October 14. P&Z
Comm. - October 15. PCRB - October
27, October 29.
Receive PCRB Public Report
#98-11
PCRB - November 3.
Receive PCRB Public Reports
#98-14 and #98-16.
Council Actions
November 17, 1998
Page 2
Permit Motions: Class C Beer
Permit for Fareway Stores, Inc., 2530
Westwinds Dr. Class C Beer Permit
for EspresStop, 2545 N. Dodge St.
Class B Wine Permit for ExpresStop,
2545 N. Dodge St. Class C Liquor
License for Ground Round, 830 S.
Riverside Dr. Special Class C Liquor
License for India Caf~, 227 E.
Washington St. Class C Liquor
License for Jimmy's Brick Oven Caf~,
749 Mormon Trek Blvd. Outdoor
Service Area for Jimmy's Brick Oven
Caf~, 749 Mormon Trek Blvd. Class C
Liquor License for Sanctuary
Restaurant, 405 S. Gilbert St.
Motions: Approve
disbursements in the amount of
$13,602,376.48 for the period of
September 1 through September 30,
1998, as recommended by the
Finance Director subject to audit.
Resolutions: RES. 98-355,
ADOPTING THE AMENDED FY99
ANNUAL ACTION PLAN BUDGET
WHICH IS A PART OF THE
CONSOLIDATED PLAN AS
MANDATED BY THE U.S.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT. RES. 98-
356, ACCEPTING THE WORK FOR
THE REMOVAL AND REPLACEMENT
OF THE ROOF AND INSULATION ON
THE CIVIC CENTER. RES. 98-357,
ACCEPTING THE WORK FOR THE
IOWA CITY DOWNTOWN
STREETSCAPE, PHASE 1
IMPROVEMENTS PROJECT.
Correspondence: Cindy
Schonholz (Professional Rodeo
Cowboys Association) regarding rodeo
rules and regulations. Judy Thayer
regarding library. Steve Grismore
regarding funding for Iowa City Jazz
Festival. John Nesbitt regarding
newswatch bulletin. Barbara Buss
regarding Benton St. (11/8). Mitch
Botts regarding school zones. Tom
Bair regarding crosswalk. Civil Service
Comm. submitting certified lists of
applicants for the following
position(s): Animal Control Officer;
Body Repair Mechanic. Barbara Buss
regarding Benton St. (11/15) Rev.
Council Actions
November 17, 1998
Page 3
Thomas Hulme regarding Benton St.
Ann Kohl regarding Benton St. Robert
Dostal regarding various issues. Esther
Otto regarding Benton St. Anne
Bendixen. Ginny Rew regarding
Benton St. Janelie Rettig regarding
various issues.
The Mayor declared the motion carried.
Renee Paine, PATV, invited Council
and the community to Public Access
Television's Annual Meeting on November 19.
The following individuals appeared regarding
the Benton Street Reconstruction Project: Joe
Lynn, 801 Wylde Green; Anna Buss, 525 W.
Benton; Ginny Rew, 302 W. Benton; and Carl
(Tyrone) Whitter, 1305 Benton St.
Moved and seconded to set a public
hearing for December 1 on an ordinance to
vacate street right-of-way located east of
North Market Square Park, and south of
Horace-Mann School. The Mayor declared the
motion carried.
A public hearing was held on a
resolution approving the annexation of a
19.81 acre tract located at the southeast
corner of Scott Boulevard and American
Legion Road.
Moved and seconded to adopt RES.
98-358, APPROVING THE VOLUNTARY
ANNEXATION OF APPROXIMATELY 19.81
ACRES LOCATED AT THE SOUTHEAST
CORNER OF SCOTT BOULEVARD AND
AMERICAN LEGION ROAD.
A public hearing was held on an
ordinance changing the zoning designation of
21 .,53 acres located at the southeast corner
of Scott Boulevard and American Legion
Road.
Moved and seconded that the
ordinance changing the zoning designation of
21.53 acres from Low Density Single Family
Residential (RS-5), County A1, Rural, and
County CH, Highway Commercial, to Planned
Development Housing Overlay (OPDH-12),
located at the southeast corner of Scott
Boulevard and American Legion Road, be
given first vote for consideration. The Mayor
declared the motion carried.
Moved and seconded that the
ordinance changing the zoning designation of
approximately 10 acres from Low Density
Single-Family Residential (RS-5) to Planned
Development Housing Overlay (OPDH-5), to
allow 36 dwelling units, for property located
Council Actions
November 17, 1998
Page 4
at Wellington Drive and Village Road, be
given first vote for consideration. The Mayor
declared the motion carried.
Moved and seconded to adopt RES.
98-359, APPROVING THE ANNEXATION OF
APPROXIMATELY 4.45 ACRES, OCCUPIED
BY THE COURT STREET RIGHT-OF-WAY,
LOCATED AT THE EAST TERMINUS OF
COURT STREET.
Moved and seconded that the
ordinance changing the zoning designation of
a 4.45 acre tract from Suburban Residential
(County RS), to Low Density Single-Family
Residential (RS-5) and Public (P) for property
located at the east terminus of Court Street,
be given first vote for consideration. The
Mayor declared the motion carried.
Moved and seconded by Thornberry,
that the ordinance vacating the Madison
Street right-of-way south of Prentiss Street,
the Des Moines Street right-of-way west of
Capitol Street and the 20-foot wide alley
south of Prentiss Street and west of Capitol
Street, be given second vote for
consideration. The Mayor declared the motion
carried.
Moved and seconded to defer to
December 1, a resolution approving the final
plat of Galway Hills Subdivision Part 5. The
Mayor declared the motion carried.
A public hearing was held on a
resolution approving the Winter 1998/99 Deer
Management Plan. The following individuals
appeared: Ed Hartin, wildlife biologist, USDA
Wildlife Services; Tim Thompson, Wildlife
biologist for Johnson County; Florence Boos,
1427 Davenport St.; Douglas Jones, 816
Park Rd., member of the Deer Management
Committee; Vanessa Jones, 804 N. Dubuque
St.; Bill Boos, 1427 Davenport St.; Charles
Hews, 1327 Cedar; Clayton Foley, 612 E.
Court; Kristin Brandser; Chad Gonnerman,
507 N. Linn; April Dirksen; Shannon Nelson,
1602 Aber Ave.; Seth Neiman, 530 N.
Clinton St.; Margaret MacDonald, 400 Foster
Rd.; and Ben Lewis, 507 N. Linn St. Moved
and seconded to accept correspondence
from: Jackie Baumhauer; Janelie Rettig; D.J.
Schubert; Beth Fisher; Nick Deacon. The
Mayor declared the motion carried.
Public discussion was held on an
ordinance amending Section 14, Chapter 5,
Article A, Building Code, by adopting
Volumes 1, 2, and 3 of the 1997 Edition of
Council Actions
November 17, 1998
Page 5
the Uniform Building Code published by the
International Conference of Building Officials,
and providing for certain amendments
thereof; to provide for the protection of the
health, welfare, and safety of the citizens of
Iowa City, Iowa. Mark Hall, President Home
Builders Assn. Of Iowa City, appeared.
Moved and seconded to combine Item
No. 9. public discussion on an ordinance
amending Title 7, Chapter 1, Fire Prevention
and Protection, by adopting the 1997 Edition
of the Uniform Fire Code and providing for
certain amendments thereof; to provide for
the protection of the health, welfare and
safety of the citizens of Iowa City, Iowa; Item
No. 10. public discussion on an ordinance
amending Title 14, Chapter 5, Article B, of
the City Code, by adopting the 1997 Edition
of the Uniform Plumbing Code, with certain
amendments, to regulate the practice,
materials and fixtures used in the installation,
maintenance, extension, and alteration of all
piping, fixtures, appliances and
appurtenances in connection with various
plumbing systems, to provide for the issuance
of permits and inspection of plumbing
installations and the collection of fees, and to
provide penalties for violations; Item No. 11.
public discussion on an ordinance amending
Section 14, Chapter 5, Article F, Abatement
of Dangerous Buildings Code, by adopting the
1997 Edition of the Uniform Code for the
Abatement of Dangerous Building Code
published by the International Conference of
Building Officials, and providing for certain
amendments thereof; to provide for the
protection of the health, welfare and safety
of the citizens of Iowa City, Iowa; Item No.
12 public discussion on an ordinance creating
Section 14, Chapter 5, Article J, Building
Conservation Code, by adopting the 1997
Edition of the Uniform Code for Building
Conservation as published by the International
Conference of Building Officials, to provide
for the protection of the health, welfare, and
safety of the citizens of Iowa City, Iowa; and
Item No. 13 public discussion on an
ordinance amending Section 14, Chapter 5,
Article D, Mechanical Code, by adopting the
1997 Edition of the Uniform Mechanical Code
published by the International Conference of
Building Officials, and providing for certain
amendments thereof; to provide for the
protection of the health, welfare, and safety
Council Actions
November 17, 1998
Page 6
of the citizens of Iowa City, Iowa. The Mayor
declared the motion to combine item 9-13
carried. John Shaw, appeared.
A public hearing was held on a
resolution instituting proceedings to take
additional actions for the issuance of
88,400,000 General Obligations Bonds.
Moved and seconded, to adopt RES.
98-360, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF 88,400,000 GENERAL
OBLIGATION BONDS.
A public hearing was held on a
resolution instituting proceedings to take
additional action for the authorization and
issuance of not to exceed 8700,00 General
Obligation Bonds.
Moved and seconded to adopt RES.
98-361, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT
TO EXCEED 8700,000 GENERAL
OBLIGATION BONDS.
A public hearing was held on a
resolution instituting proceedings to take
additional action for the authorization and
issuance of not to exceed 8470,000 General
Obligation Bonds.
Moved and seconded to adopt RES.
98-362, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT
TO EXCEED 8470,000 GENERAL
OBLIGATION BONDS.
A public hearing was held on a
resolution instituting proceedings to take
additional action for the authorization and
issuance of not to exceed 8700,000.
Moved and seconded to adopt RES.
98-363, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT
TO EXCEED $700,000 GENERAL
OBLIGATION BONDS.
A public hearing was held on a
resolution instituting proceedings to take
additional action for the authorization and
issuance of not to exceed 8700,000.
Moved and seconded to adopt RES.
98-364, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT
TO EXCEED 8700,000 GENERAL
OBLIGATION BONDS.
Council Actions
November 17, 1998
Page 7
A public hearing was held on a
resolution instituting proceedings to take
additional action for the authorization and
issuance of not to exceed 8700,000.
Moved and seconded to adopt RES.
98-365, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT
TO EXCEED 8700,000 GENERAL
OBLIGATION BONDS.
A public hearing on a resolution
instituting proceedings to take additional
action for the authorization and issuance of
not to exceed 9330,000 General Obligation
Bonds.
Moved and seconded to adopt RES.
98-366, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT
TO EXCEED 9330,000 GENERAL
OBLIGATION BONDS.
A public hearing was held on a
resolution instituting proceedings to take
additional action for the issuance of not to
exceed 98,000,000 Sewer Revenue Bonds.
Moved and seconded to adopt RES.
98-367, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED 88,000,000
SEWER REVENUE BONDS.
A public hearing was held on a
resolution instituting proceedings to take
additional action for the issuance of not to
exceed 89,200,000 Water Revenue Bonds.
Moved and seconded to adopt RES.
98-368, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED 99,200,000
WATER REVENUE BONDS.
A public hearing was held on a
resolution instituting proceedings to take
addition action for the issuance of not to
exceed 810,000,000 Parking System
Revenue Bonds. Merle Trummel appeared.
Moved and seconded to adopt RES.
98-369, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED
810,000,000 PARKING SYSTEM REVENUE
BONDS.
Moved and seconded that the
ordinance amending Title 9 of the City Code
of Iowa City entitled "Motor Vehicles and
Traffic," by amending Chapter 3, Section 6b
Council Actions
November 17, 1998
Page 8
herein to change the speed limit on US
Highway 6 from the east city limit to a point
500 feet west of Heinz Road, be given first
vote for consideration. The Mayor declared
the motion carried.
Moved and seconded that the
ordinance amending the City Code of the City
of Iowa City, Iowa, by amending Section 8-5-
5, entitled "Keeping Disorderly House," to
provide for police initiated complaints and to
provide for police authority to restore order
and disperse persons from violating premises,
be given second vote for consideration. The
Mayor declared the motion carried. Moved
and seconded to accept correspondence
from: Phil Phillips; Ben Lewis. The Mayor
declared the motion carried.
Moved and seconded to adopt ORD.
98-3857, AMENDING THE CITY CODE TO
PROHIBIT THE POSSESSION OF TOBACCO
PRODUCTS OR CIGARETTES BY PERSONS
UNDER EIGHTEEN YEARS OF AGE.
Moved and seconded to defer to
December 1, an ordinance amending Title 14,
entitled "Unified Development Code," Chapter
3, entitled "City Utilities," Article E entitled
"Wastewater Treatment Works Indirect
Discharge," Section 4, entitled "Pretreatment
Standards," of the City Code to amend plant
influent zinc standards. The Mayor declared
the motion carried.
Moved and seconded to adopt RES.
98-370, APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT WITH THE
UNIVERSITY OF IOWA, FOR TEMPORARY
USE OF PUBLIC RIGHTS-OF-WAY FOR
PORTIONS OF PRENTISS, MADISON AND
CAPITOL STREETS IN IOWA CITY, IOWA.
Moved and seconded to adopt RES.
98-371, INTENT TO CONVEY VACATED
PORTIONS OF THE DES MOINES STREET
RIGHT-OF-WAY LOCATED WEST OF
CAPITOL STREET AND EAST OF THE IOWA
RIVER, THE MADISON STREET RIGHT-OF-
WAY SOUTH OF PRENTISS STREET AND
NORTH OF THE IOWA INTERSTATE
RAILROAD TRACKS, AND THE 20 FOOT
WIDE ALLEY BETWEEN PRENTISS STREET
AND THE DES MOINES STREET RIGHT-OF-
WAY WEST OF CAPITOL STREET TO THE
UNIVERSITY OF IOWA/IOWA STATE BOARD
OF REGENTS, THE REDEVELOPER OF THE
SUBJECT PROPERTY AND OWNER OF ALL
ABUTTING PROPERTIES, FOR A PUBLIC
Council Actions
November 17, 1998
Page 9
PURPOSE AND WITHOUT COMPENSATION,
AND SETTING A PUBLIC HEARING ON SAID
CONVEYANCE FOR DECEMBER 1, 1998.
Moved and seconded to adopt RES.
98-372, REQUESTING SUBMISSION OF THE
QUESTION OF THE IMPOSITION OF A LOCAL
SALES AND SERVICES TAX TO THE
QUALIFIED ELECTORS OF THE
INCORPORATED AND UNINCORPORATED
AREAS OF JOHNSON COUNTY, as amended.
Tom Gelman appeared. After discussion.
Moved and seconded to amend the resolution
so that 10°/6 would read "to support the
operating and capital improvement expenses
of public transit and paratransit to include
fare relief and enhanced service." The Mayor
declared the motion carried. Moved and
seconded to amend to amend the resolution
to read 10% "to support the operating
expenses of the public library and the
community events center, and to support
sommunity activities and events." The Mayor
declared the motion carried, Moved and
seconded to amend the 5% portion of the
resolution to read "to maintain and enhance
funding of Johnson County area human
services agencies and activities." The Mayor
declared the motion carried. Moved and
seconded to amend the resolution of 10% to
read '"to support the hiring and equipping of
police officers, firefighters, and/or other
public safety personnel, and for construction
of related public safety improvements." The
Mayor declared the motion carried. Moved
and seconded to accept correspondence
from: Janelie Rettig; Evan Fales; Lucy
Choisser; Dan Coleman; Reginald Willlares;
Mona Shaw; Mary Crippen; Loretta Popp;
Jean Martin; Cheryl Hetherington; Nick
Johnson; Brian Meyer; Bob Welsh; Art
Vincent; Holly Hart; John Nesbitt; Roberta
Till-Retz; Linsey Bergen; Daniel Johnson-
O'Mara; Felicia Beeching; Tom Gelman. The
Mayor declared the motion carried.
Moved and seconded to defer to
December 15, a resolution to adopt the Iowa
City Police Citizens Review Board Standard
Operating Procedures and Guidelines. The
Mayor declared the motion carried.
Moved and seconded to grant an
extension to December 18, 1998, to the
Police Citizens Review Board for the filing of
a report with the City Council on Complaint
Council Actions
November 17, 1998
Page 10
#98-17. The Mayor declared the motion
carried.
The Mayor noted the following
vacancies: Bd. of Adjustment: one vacancy to
fill a five-year term ending January 1, 2004;
Bd. of Appeals: one vacancy to fill a five-year
term ending December 31, 2003, for a
mechanical professional; Riverfront & Natural
Areas Cornre.: one vacancy to fill a three-year
term ending December 31, 2001. These
appointments will be made at the December 1
Council meeting.
Moved and seconded to appoint Jane
Nelson-Kuhn, 628 Third Ave., to the Human
Rights Cornre. to fill a three-year term ending
January 1, 2002; approve a recommendation
from the Johnson County Board of
Supervisors to appoint Larry Pugh to the Sr.
Center Comm. for an unexpired term ending
December 31, 1999. The Mayor declared the
motion carried.
Moved and seconded to adjourn
11:3,5 p.m. The Mayor declared the motion
carried.
A more complete description of
Counsil Activities and disbursements is file in
Finance
the office of City Clerk and
Department.
s/Ernest L. Lehman, Mayor
s/Ma 'an K.. Karr, Ci~.er~
Sub~lication - 11/24/98
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
NOVEMBER 17, 1998
Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center.
Mayor Lehman presiding. Council Members present: Champion, Kubby, Lehman,
Norton, O'Donnell, Thornberry, Vanderhoef. Absent: None. Staffmembers present:
Atkins, Helling, Dilkes, Karr, Franklin, Boothroy, Mitchell, Handsaker, Goodman-
Herbst, Hennes, Oswald, Rocca, Yucuis, Craig. Council minutes tape recorded on
tape 98-128; 98-129; 98-130, Both Sides.
The Mayor presented the Outstanding Student Citizenship. Awards to Horace
Mann Elementary students: Devon Jackson, Morgan Nicholson, Britney Tonning.
The Mayor proclaimed West High Women of Troy Girls Cross Country Team
Recognition Day - November 17, Coach Mike Parker and members of the team
accepted; Regina Regals Boys Cross Country Team Recognition Day - November
18, Coach Bob Brown and members of the team accepted; Great American
Smokeout - November 19, Amy Carlson, American Cancer Society Program
Director, and Roosevelt 5t" and 6th grade Science Classes accepted, and presented
Great American Smokeout Survival Kits to Council Members.
Moved by Norton, seconded by Thornberry, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted
as amended:
Approval of Official Council Actions of the special meetings of October
29 and November 2 and the regular meeting of November 3, as published,
subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Bd. of Adjustment - October 14.
Bd. of Appeals - October 5. Library Bd. of Trustees - October 22. P&R
Comm. - October 14. P&Z Comm. - October 15. PCRB October 27,
October 29.
Receive PCRB Public Report #98-11
PCRB - November 3.
Receive PCRB Public Reports #98-14 and #98-16.
Permit Motions: Class C Beer Permit for Fareway Stores, Inc., 2530
Westwinds Dr. Class C Beer Permit for EspresStop, 2545 N. Dodge St. Class
B Wine Permit for ExpresStop, 2545 N. Dodge St. Class C Liquor License for
Ground Round, 830 S. Riverside Dr. Special Class C Liquor License for India
Caf~, 227 E. Washington St. Class C Liquor License for Jimmy's Brick Oven
Caf~, 749 Mormon Trek Blvd. Outdoor Service Area for Jimmy's Brick Oven
Caf~, 749 Mormon Trek Blvd. Class C Liquor License for Sanctuary
Restaurant, 405 S. Gilbert St.
Motions: Approve disbursements in the amount of 913,602,376.48
for the period of September I through September 30, 1998, as
recommended by the Finance Director subject to audit.
Resolutions, Bk. 119: RES. 98-355, p. 355, ADOPTING THE
AMENDED FY99 ANNUAL ACTION PLAN BUDGET WHICH IS A PART OF
Council Activities
November 17, 1998
Page 2
THE CONSOLIDATED PLAN AS MANDATED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT. RES. 98-356, p. 356, ACCEPTING
THE WORK FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND
INSULATION ON THE CIVIC CENTER. RES. 98-357, p. 357, ACCEPTING
THE WORK FOR THE IOWA CITY DOWNTOWN STREETSCAPE, PHASE 1
IMPROVEMENTS PROJECT.
Correspondence: Cindy Schonholz (Professional Rodeo Cowboys
Association) regarding rodeo rules and regulations. Judy Thayer regarding
library. Steve Grismore regarding funding for Iowa City Jazz Festival. John
Nesbitt regarding newswatch bulletin. Barbara Buss regarding Benton St.
(11/8). Mitch Botts regarding school zones. Tom Bair regarding crosswalk.
Civil Service Comm. submitting certified lists of applicants for the following
position(s): Animal Control Officer; Body Repair Mechanic. Barbara Buss
regarding Benton St. (11/15) Rev. Thomas Hulme regarding Benton St. Ann
Kohl regarding Benton St. Robert Dostal regarding various issues. Esther Otto
regarding Benton St. Anne Bendixen. Ginny Rew regarding Benton St. Janelie
Rettig regarding various issues.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Renee Paine, PATV, invited Council and the community to Public Access
Television's Annual Meeting on November 19. The following individuals appeared
regarding the Benton Street Reconstruction Project: Joe Lynn, 801 Wylde Green;
Anna Buss, 525 W. Benton; Ginny Rew, 302 W. Benton; and Carl (Tyrone) Whitter,
1305 Benton St.
Moved by Kubby, seconded by Vanderhoef, to set a public hearing for
December 1 on an ordinance to vacate street right-of-way located east of North
Market Square Park, and south of Horace-Mann School. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution approving the annexation of a
19.81 acre tract located at the southeast corner of Scott Boulevard and American
Legion Road (Silvercrest). No one appeared.
Moved by Thornberry, seconded by Norton, to adopt RES. 98-358, Bk. 119,
p. 358, APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 19.81
ACRES LOCATED AT THE SOUTHEAST CORNER OF SCOTT BOULEVARD AND
AMERICAN LEGION ROAD (Silvercrest). Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on an ordinance changing the zoning designation
of 21.53 acres located at the southeast corner of Scott Boulevard and American
Legion Road (Silvercrest). No one appeared.
Moved by Thornberry, seconded by Norton, that the ordinance changing the
zoning designation of 21.53 acres from Low Density Single Family Residential (RS-
5), County A1, Rural, and County CH, Highway Commercial, to Planned
Development Housing Overlay (OPDH-12), located at the southeast corner of Scott
Boulevard and American Legion Road (Silvercrest), be given first vote for
Council Activities
November 17, 1998
Page 3
consideration. Affirmative roll call vote unanimous, 7/0, all Council Members
present. 'The Mayor declared the motion carried.
Moved by Norton, seconded by Vanderhoef, that the ordinance changing the
zoning designation of approximately 10 acres from Low Density Single-Family
Residential (RS-5) to Planned Development Housing Overlay (OPDH-5), to allow 36
dwelling units, for property located at Wellington Drive and Village Road (Village
Green Part 16/Wellington Condominiums), be given first vote for consideration.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-359, Bk.
119, p. 359, APPROVING THE ANNEXATION OF APPROXIMATELY 4.45 ACRES,
OCCUPIED BY THE COURT STREET RIGHT-OF-WAY, LOCATED AT THE EAST
TERMINUS OF COURT STREET. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Thornberry, seconded by O'Donnell, that the ordinance changing
the zoning designation of a 4.45 acre tract from Suburban Residential {County RE;),
to Low Density Single-Family Residential {RS-5) and Public {P) for property located
at the east terminus of Court Street, be given first vote for consideration.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Moved by Vanderhoef, seconded by Thornberry, that the ordinance vacating
the Madison Street right-of-way south of Prentiss Street, the Des Moines Street
right-of-way west of Capitol Street and the 20-foot wide alley south of Prentiss
Street and west of Capitol Street, be given second vote for consideration
(University of Iowa). Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried.
Moved by Norton, seconded by O'Donnell, to defer to December 1, a
resolution approving the final plat of Galway Hills Subdivision Part 5. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution approving the Winter 1998/99
Deer Management Plan. The following individuals appeared: Ed Hartin, wildlife
biologist, USDA Wildlife Services; Tim Thompson, Wildlife biologist for Johnson
County; Florence Boos, 1427 Davenport St.; Douglas Jones, 816 Park Rd., member
of the Deer Management Committee; Vanessa Jones, 804 N. Dubuque St.; Bill
Boos, 1427 Davenport St.; Charles Hews, 1327 Cedar; Clayton Foley, 612 E.
Court; Kristin Brandser; Chad Gonnerman, 507 N. Linn; April Dirksen; Shannon
Nelson, 1602 Aber Ave.; Seth Neiman, 530 N. Clinton St.; Margaret MacDonald,
400 Foster Rd.; and Ben Lewis, 507 N. Linn St. Adm. Asst. Handsaker; Asst. City
Arty. Mitchell, and Animal Shelter Supr. Goodman-Herbst presented information.
Moved by Vanderhoef, seconded by Kubby, to accept correspondence from: Jackie
Baumhauer; Janelie Rettig; D.J. Schubert; Beth Fisher; Nick Deacon. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Public discussion was held on an ordinance amending Section 14, Chapter 5,
Article A, Building Code, by adopting Volumes 1, 2, and 3 of the 1997 Edition of
Council Activities
November 17, 1998
Page 4
the Uniform Building Code published by the International Conference of Building
Officials, and providing for certain amendments thereof; to provide for the
protection of the health, welfare, and safety of the citizens of Iowa City, Iowa.
Mark Hall, President Home Builders Assn. Of Iowa City, appeared. HIS Director
Boothroy and Sr. Building Inspector Hennes present for discusison.
Moved by Kubby, seconded by Thornberry, to combine Item No. 9. public
discussion on an ordinance amending Title 7, Chapter 1, Fire Prevention and
Protection, by adopting the 1997 Edition of the Uniform Fire Code and providing for
certain amendments thereof; to provide for the protection of the health, welfare and
safety of the citizens of Iowa City, Iowa; Item No. 10. public discussion on an
ordinance amending Title 14, Chapter 5, Article B, of the City Code, by adopting
the 1997 Edition of the Uniform Plumbing Code, with certain amendments, to
regulate the practice, materials and fixtures used in the installation, maintenance',
extension, and alteration of all piping, fixtures, appliances and appurtenances in
connection with various plumbing systems, to provide for the issuance of permits
and inspection of plumbing installations and the collection of fees, and to provide
penalties for violations; Item No. 11. public discussion on an ordinance amending
Section 14, Chapter 5, Article F, Abatement of Dangerous Buildings Code, by
adopting the 1997 Edition of the Uniform Code for the Abatement of Dangerous
Building Code published by the International Conference of Building Officials, and
providing for certain amendments thereof; to provide for the protection of the
health, welfare and safety of the citizens of Iowa City, Iowa; Item No. 12 public
discussion on an ordinance creating Section 14, Chapter 5, Article J, Building
Conservation Code, by adopting the 1997 Edition of the Uniform Code for Building
Conservation as published by the International Conference of Building Officials, to
provide for the protection of the health, welfare, and safety of the citizens of Iowa
City, Iowa; and Item No. 13 public discussion on an ordinance amending Section
14, Chapter 5, Article D, Mechanical Code, by adopting the 1997 Edition of the
Uniform Mechanical Code published by the International Conference of Building
Officials, and providing for certain amendments thereof; to provide for the
protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. The
Mayor declared the motion to combine item 9-13 carried unanimously, 7/0, all
Council Members present. John Shaw, appeared.
A public hearing was held on a resolution instituting proceedings to take
additional actions for the issuance of $8,400,000 General Obligations Bonds.
(streets, sidewalks, lighting; bridges, water facilities; parks; airport). Individual
Council Members expressed their views. No one appeared.
Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-360, Bk.
119, p. 360, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE ISSUANCE OF $8,400,000 GENERAL OBLIGATION BONDS. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Council Activities
November 17, 1998
Page 5
A public hearing was held on a resolution instituting proceedings to take
additional action for the authorization and issuance of not to exceed $700,00
General Obligation Bonds (Civic Center - 3'd floor). No one appeared.
Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-361, Bk.
119, p. 361, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL
OBLIGATION BONDS. The Mayor declared the resolution adopted, 6/1, with the
following division of roll call vote: Ayes: Lehman, Norton, O'Donnell, Thornberry,
Vanderhoef, Champion. Nays: Kubby. Absent: None.
A public hearing was held on a resolution instituting proceedings to take
additional action for the authorization and issuance of not to exceed $470,000
General Obligation Bonds (Library improvements). No one appeared.
Moved by Norton, seconded by Vanderhoef, to adopt RES. 98-362, Bk. 119,
p. 362, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $470,000 GENERAL
OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take
additional action for the authorization and issuance of not to exceed $700,000
(Police Station - 2"d floor). No one appeared.
Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-363, Bk.
119, p. 363, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL
OBLIGATION BONDS. The Mayor declared the resolution adopted, 6/1, with the
following division of roll call vote: Ayes: Norton, O'Donnell, Thornberry,
Vanderhoef, Champion, Lehman. Nays: Kubby. Absent: None.
A public hearing was held on a resolution instituting proceedings to take
additional action for the authorization and issuance of not to exceed $700,000
(Public Works facility). No one appeared.
Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-364, Bk.
119, p. 364, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL
OBLIGATION BONDS. Individual Council Members expressed their views.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take
additional action for the authorization and issuance of not to exceed $700,000
(Recreation Building).
Moved by Vanderhoef, seconded by Norton, to adopt RES. 98-365, Bk. 119,
p. 365, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED ~700,000 GENERAL
OBLIGATION BONDS. Individual Council Members expressed their views.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Council Activities
November 17, 1998
Page 6
A public hearing on a resolution instituting proceedings to take additional
action for the authorization and issuance of not to exceed $330,000 General
Obligation Bonds (Soccer Fields). No one appeared.
Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-366, Bk.
119, p. 366, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $330,000 GENERAL
OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take
additional action for the issuance of not to exceed 98,000,000 Sewer Revenue
Bonds. No one appeared.
Moved by Vanderhoef, seconded by Norton, to adopt RES. 98-367, Bk. 119,
p. 367, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED 98,000,000 SEWER REVENUE BONDS.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take
additional action for the issuance of not to exceed 99,200,000 Water Revenue
Bonds. No one appeared.
Moved by Thornberry, seconded by Norton, to adopt RES. 98-368, Bk. 119,
p. 368, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED 99,200,000 WATER REVENUE BONDS.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take
addition action for the issuance of not to exceed 910,000,000 Parking System
Revenue Bonds. Merle Trummel appeared.
Moved by Thornberry, seconded by O'Donnell, to adopt RES. 98-369, Bk.
119, p. 369, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE
BONDS. The Mayor declared the resolution adopted, 6/1, with following division of
roll call vote: Ayes: Champion, Lehman, Norton, O'Donnell, Thornberry,
Vanderhoef. Nays: Kubby. Absent: None.
Moved by Norton, seconded by Vanderhoef, that the ordinance amending
Title 9 of the City Code of Iowa City entitled "Motor Vehicles and Traffic," by
amending Chapter 3, Section 6b herein to change the speed limit on US Highway 6
from the east city limit to a point 500 feet west of Heinz Road, be given first vote
for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried.
Meved by Thornberry, seconded by O'Donnell, that the ordinance amending
the City Code of the City of Iowa City, Iowa, by amending Section 8-5-5, entitled
"Keeping Disorderly House," to provide for police initiated complaints and to
provide for police authority to restore order and disperse persons from violating
premises, be given second vote for consideration. City Atty. Dilkes present for
Council Activities
November 17, 1998
Page 7
discussion. The Mayor declared the motion carried, 6/1, with the following division
of roll call vote: Ayes: Champion, Lehman, Norton, O'Donnell, Thornberry,
Vanderhoef. Nays: Kubby. Absent: None. Moved by Vanderhoef, seconded by
Thornberry, to accept correspondence from: Phil Phillips; Ben Lewis. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Thornberry, seconded by Vanderhoef, to adopt ORD. 98-3857, Bk.
119, p. 44, AMENDING THE CITY CODE TO PROHIBIT THE POSSESSION OF
TOBACCO PRODUCTS OR CIGARETTES BY PERSONS UNDER EIGHTEEN YEARS
OF AGE. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the ordinance adopted.
Moved by Kubby, seconded by Thornberry, to defer to December 1, an
ordinance amending Title 14, entitled "Unified Development Code," Chapter 3,
entitled "City Utilities," Article E entitled ''Wastewater Treatment Works Indirect
Discharge," Section 4, entitled ''Pretreatment Standards," of the City Code to
amend plant influent zinc standards. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-370, Bk.
119, p. 370, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THE UNIVERSITY OF IOWA, FOR TEMPORARY USE OF PUBLIC RIGHTS-OF-
WAY FOR PORTIONS OF PRENTISS, MADISON AND CAPITOL STREETS IN IOWA
CITY, IOWA. City Arty. Dilkes present for discussion. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Vanderhoef, seconded by Norton, to adopt RES. 98-371, Bk. 119,
p. 371, INTENT TO CONVEY VACATED PORTIONS OF THE DES MOINES STREET
RIGHT-OF-WAY LOCATED WEST OF CAPITOL STREET AND EAST OF THE IOWA
RIVER, THE MADISON STREET RIGHT-OF-WAY SOUTH OF PRENTISS STREET
AND NORTH OF THE IOWA INTERSTATE RAILROAD TRACKS, AND THE 20 FOOT
WIDE ALLEY BETWEEN PRENTISS STREET AND THE DES MOINES STREET
RIGHT-OF-WAY WEST OF CAPITOL STREET TO THE UNIVERSITY OF IOWA/IOWA
STATE BOARD OF REGENTS, THE REDEVELOPER OF THE SUBJECT PROPERTY
AND OWNER OF ALL ABUTTING PROPERTIES, FOR A PUBLIC PURPOSE AND
WITHOUT COMPENSATION, AND SETTING A PUBLIC HEARING ON SAID
CONVEYANCE FOR DECEMBER 1, 1998. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 98-372, Bk.
119, p. 372, REQUESTING SUBMISSION OF THE QUESTION OF THE IMPOSITION
OF A LOCAL SALES AND SERVICES TAX TO THE QUALIFIED ELECTORS OF THE
INCORPORATED AND UNINCORPORATED AREAS OF JOHNSON COUNTY, as
amended. Tom Gelman appeared. After discussion. Moved by Kubby, seconded by
Norton, to amend the resolution so that 10% would read "to support the operating
and capital improvement expenses of public transit and paratransit to include fare
relief and enhanced service." The Mayor declared the motion carried unanimously,
7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to
Council Activities
November 17, 1998
Page 8
amend to amend the resolution to read 10% "to support the operating expenses of
the public library and the community events center, and to support community
activities and events." The Mayor declared the motion carried unanimously, 7/0, all
Council Members present. Moved by O'Donnell, seconded by Champion, to amend
the 5% portion of the resolution to read "to maintain and enhance funding of
Johnson County area human services agencies and activities." The Mayor declared
the motion carried unanimously, 7/0, all Council Members present. Moved by
Vanderhoef, seconded by Thornberry, to amend the resolution of 10% to read "to
support the hiring and equipping of police officers, firefighters, and/or other public
safety personnel, and for construction of related public safety improvements." The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Individual Council Members expressed their views. Moved by Thornberry, seconded
by Kubby, to accept correspondence from: Janelie Rettig; Evan Fales; Lucy
Choisser; Dan Coleman; Reginald Willjams; Mona Shaw; Mary Crippen; Loretta
Popp; Jean Martin; Cheryl Hetherington; Nick Johnson; Brian Meyer; Bob Welsh;
Art Vincent; Holly Hart; John Nesbitt; Roberta TilI-Retz; Linsey Bergen; Daniel
Johnson-O'Mara; Felicia Beeching; Tom Gelman. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present. The Mayor declared the
resolution adopted, 6/1, with the following division of roll call vote: Ayes:
Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Nays:
Kubby, Absent: None.
Moved by Vanderhoef, to seconded by Norton, to defer to December 15, a
resolution to adopt the Iowa City Police Citizens Review Board Standard Operating
Procedures and Guidelines. The Mayor declared the motion carried unanimously,
7/0, all Council Members present.
Moved by Norton, seconded by Kubby, to grant an extension to December
18, 1998, to the Police Citizens Review Board for the filing of a report with the
City Council on Complaint #98-17. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
The Mayor noted the following vacancies: Bd. of Adjustment: one vacancy to
fill a five-year term ending January 1, 2004; Bd. of Appeals: one vacancy to fill a
five-year term ending December 31, 2003, for a mechanical professional; Riverfront
& Natural Areas Comm.: one vacancy to fill a three-year term ending December 31,
2001. These appointments will be made at the December 1 Council meeting.
Moved by Kubby, seconded by Norton, to appoint Jane Nelson-Kuhn, 628
Third Ave., to the Human Rights Comm. to fill a three-year term ending January 1,
2002; approve a recommendation from the Johnson County Board of Supervisors
to appoint Larry Pugh to the Sr. Center Comm. for an unexpired term ending
December 31, 1999. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Council Member Kubby stated she would not be available for her office hours
on November 19 or 26; and requested an update on the City's compliance with
Y2K issues, noting citizen concerns regarding water, gas and electricity services.
Council Activities
November 17, 1998
Page 9
Council Member Champion commended the Oakdale Medical Classification
Center for their assistance with the holiday lights downtown.
Council Member O'Donnell also complimented Oakdale for the holiday lights
and acknowledged the Kappa Alpha Fraternity for leaf raking along City Park.
Council Member Vanderhoef noted a Chamber meeting on November 18
dealing with transportation issues; acknowledged the report from the Finance
Director and City Manager regarding Federal and State Grant revenues; and noted
the success of the downtown free shuttle.
Council Member Norton reported on the Smart Growth Program; he and
Council Member O'Donnell's first SEATS Advisory Meeting; and discussions with
the Interstate Railroad regarding the blocking of the walking path used by students
between Greenwood and Melrose.
Mayor Lehman reminded Council of the employee luncheon schedule
November 18 and wished everyone a Happy Thanksgiving.
Moved by Thornberry, seconded by Norton, to adjourn 11:35 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Ernest L. Lehman, Mayor
Marian K. Karr, City Clerk