HomeMy WebLinkAbout2001-06-26 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
JUNE 26, 2001
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. Staffmembers present: Atkins,
Helling, Holecek, Karr, Franklin, McCafferty, Moreno, Schmadeke, Fowler, Amin.
Council minutes tape recorded on Tape 01-65, Both Sides; Tape 01-66, Both Sides.
The Mayor read a proclamation renaming the Council Chambers "Emma J.
Harvat Hall", Karen Kubby representing the Project Committee, accepted and
introduced local artist Kathleen Rush to unveil the Harvat painting that will hang in
the Hall.
Moved by Champion, seconded by Vanderhoef, 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 the special meetings of June 11
and June 12, published subject to corrections, as recommended by the City
Clerk.
Minutes of Boards and Commissions: Human Rights Commission -
May 22. Iowa City Airport Commission - May 10. Planning and Zoning
Commission - June 7. Public Art Advisory Committee - May 3.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class B Beer Permit for The Old Market Place, Inc., dba The Old Market
Place, 1963 Broadway St. Renewals: Class C Beer Permit for FAP
Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave. Class B Beer
Permit for NPC International, Inc., dba Pizza Hut #4358, 1921 Keokuk St.
Class C Beer Permit for John's Grocery, Inc., dba John's Grocery, Inc., 401 E.
Market St. Class B Wine Permit for John's Grocery, Inc., dba John's Grocery,
Inc., 401 E. Market St. Class B Liquor License for MIP Lessee, L. P., dba
Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for MIP
Lessee, L.P., dba Sheraton Iowa City, 210 S. Dubuque St. Class C Beer
Permit for Hartig Drug Company, Inc., dba Hartig Drug Store #10, 701
Mormon Trek Blvd. Class B Wine Permit for Hartig Drug Company, Inc., dba
Hartig Drug Store #10, 701 Mormon Trek Blvd. Class E Liquor License for
Hartig Drug Company, Inc., dba Hartig Drug Store #10, 701 Mormon Trek
Blvd. Class C Liquor License for Iowa City Aerie #695 Fraternal Order of
Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy. 1
West. Class C Liquor License for Roy L. Chopek/Walter L. "Bud" Ott, Post
#17 Department of Iowa dba American Legion Roy L. Chopek Post #17, 3016
Muscatine Ave. Class C Liquor License for Weeks-Van Eck Post #3949
Veterans of Foreign Wars of the United States dba Weeks-Van Eck Post
#3949 Veterans of Foreign Wars, 609 Hwy. 6 East. RES. 01-171, Bk. 125, p.
171, TO ISSUE DANCING PERMIT for Downtown Iowa City Et Cetera, LLC,
dba Etc., 118 S. Dubuque St.(New); MIP Lessee, LP., dba Sheraton Iowa
City, 210 S. Dubuque St.(Renewal); Iowa City Aerie #695 Fraternal Order of
Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy. 1
West (Renewal). RES. 01-172, Bk. 125, p. 172, TO ISSUE CIGARETTE
PERMITS.
Motions: Approve disbursements in the amount of $17,935,061.20 for
the period of May 1 through May 31,2001, as recommended by the Finance
Director subject to audit.
Complete Description
June 26,2001
Page 2
Setting Public Hearings, Bk. 125: RES. 01-173, p, 173, SETTING A
PUBLIC HEARING for July 10 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR THE RECONSTRUCTION OF
THE CITY PARK TRAILS, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION
DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
RES. 01-174, p. 174, SETTING A PUBLIC HEARING for July 10 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF HUNTERS RUN PARK, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE
FOR PUBLIC INSPECTION.
Resolutions, Bk. 125: RES. 01-175, p.175, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
AMERICAN RESIDENTIAL FUNDING, MT. VERNON, IOWA FOR
PROPERTY LOCATED AT 424 NORTH VAN BUREN STREET, IOWA CITY,
IOWA. RES. 01-176, p. 176, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A
MORTGAGE FOR THE PROPERTY LOCATED AT 1726 DOVER STREET,
IOWA CITY, IOWA. RES. 01-177, p. 177, ACCEPTING PAYMENT OF
$300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING from A & J
Mini Mar~, 2153 ACT Circle, pursuant to Iowa Code Section 453A.22(2)
(2001).
Correspondence. Rod Sullivan (The Arc of JC) - Longfellow pedestrian
tunnel [City Manager response included in Council packet]. Michael Lehman
(JC Board of Supervisors) - annexation. Jeffrey Por~man (Agudas Achim
Congregation) - Saturday parking. SL Westcott - smoking. Judy Young -
smoking. John Hayek - Kimball Road. Lynn Whisler - Mercy Hospital private
parking in right-of-way. Andrea Keech's SE Junior High Class (22 letters
available for review in the City Clerk's Office) - visit to PATV.
Council Member Kanner noted the number of police visits and charges filed for
possession under legal age for the establishments requesting liquor license approval;
encouraged more attention to renewals of cigarette permits; and noted the first $300
fine being accepted for selling cigarettes to underage persons as part of the
enforcement methods. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried.
Charity Rowley, Senior Center Commissioner, updated Council on activities at
the Center. Dan Ramsey, CAFE, thanked the City and County for their support in
issuing fines to retailers for selling cigarettes to minors. Eric Baca appeared with
concerns regarding the University decision to tear down the Latin Native American
Cultural Center located at 308 Melrose Avenue. Staff will provide information on the
Center.
A public hearing was held on an ordinance changing the zoning code by
amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill,
an 8.2 acre 17-unit residential development, located north of Washington Street on
Arbor Hill Circle. The following individuals appeared: Jim McCarrigher, 103 Bowling
Green Place and Larry Schnittjer, MMS Consultants. PCD Director Franklin present
for discussion.
Complete Description
June 26,2001
Page 3
Moved by Wilburn, seconded by Vanderhoef, that the ordinance changing the
zoning code by amending the Planned Development Housing Overlay, OPDH-8, plan
for Arbor Hill, an 8.2 acre 17-unit residential development, located north of
Washington Street on Arbor Hill Circle, 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.
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances
to be considered and voted on for final passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second consideration
and vote be waived, and that ORD. 01-3969, Bk. 44, p. 15, AMENDING THE
ZONING CHAPTER BY DESIGNATING 307 EAST COLLEGE STREET (OLD
CARNEGIE PUBLIC LIBRARY) AT THE SOUTHEAST CORNER OF COLLEGE
AND LINN STREETS AS AN IOWA CITY HISTORIC LANDMARK, be voted on for
final passage at this time. Individual Council Members expressed their views. The
Mayor declared the motion carried, 6/1, with the following division of roll call vote.
Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner.
Absent: None. Moved by Wilburn, seconded by O'Donnell, that the ordinance be
adopted at this time. The Mayor declared the motion carried, 6/1, with the following
division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion,
Lehman. Nays: Kanner. Absent: None. The Mayor declared the ordinance adopted.
Moved by Vanderhoef, seconded by Champion, that the rule requiring
ordinances to be considered and voted on for final passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived, and that QRD. 01-3970, Bk. 44, p. 16, VACATING
THE RIGHT-OF-WAY OF THE PORTION OF HEMINGWAY LANE LOCATED
WEST OF RUSSELL DRIVE, be voted on for final passage at this time. Individual
Council Members expressed their views. The Mayor declared the motion carried, 6/1,
with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion,
Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. Moved by Vandehoef,
seconded by O'Donnell, that the ordinance be adopted at this time. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the
ordinance adopted.
Moved by Vanderhoef, seconded by Champion, that the ordinance changing
the zoning designation (Ruppert) from General Industrial (I-1) to Intensive
Commercial (C1-1) for approximately 12.09 acres located on the south side of
Highway 1, be given second vote. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Vanderhoef, that the ordinance changing
the zoning designation (Tower Place) of approximately 0.83 acres from public (P) to
Central Business (CB-10) located south of Iowa Avenue between Linn Street and
Gilbert Street, be given second vote. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Champion, that the ordinance amending
Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business
Zones," to allow municipally owned, mixed-use parking facilities in the (Tower Place)
Central Business Support Zone (CB-5) and the Central Business Zone (CB-10), be
given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by O'Donnell, that ORD. 01-3971, Bk. 44, p.
17, AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING
DESIGNATION FOR APPROXIMATELY 35.15 ACRES LOCATED AT THE NORTH
Complete Description
June 26, 2001
Page 4
TERMINUS OF KENNEDY PARKWAY BY APPROVING AN AMENDED SENSITIVE
AREAS OVERLAY DEVELOPMENT (OSA-1) PLAN FOR PARTS 8, 9, AND 10 OF
WALNUT RIDGE, IOWA CITY, IOWA, be passed and adopted. The Mayor declared
the ordinance adopted, 5/2, with the following division of roll call vote: Ayes:
O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner, Pfab. Absent:
None.
Moved by Vanderhoef, seconded by Q'Donnell, to adopt RES. 01-178, Bk.
125, p. 178, APPRC)VING THE AMENDED PRELIMINARY PLAT OF WALNUT
RIDGE PARTS 9 AND 10, IOWA CITY, IOWA. The Mayor declared the resolution
adopted, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn,
Champion, Lehman, O'Donnell. Nays: Pfab, Kanner. Absent: None.
Moved by Pfab, seconded by Champion, to adopt RES. 01-179, Bk. 125, p.
179, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF
WHITE BARN ESTATES, JOHNSON COUNTY, IOWA. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by O'Donnell to set a public hearing for July
10 on an ordinance amending the zoning code, Section 14-6E-8 Central Business
Zone, to allow dwellings on or below the ground floor of Historic Landmark Buildings
by special exception. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
A public hearing was held on an ordinance amending title 3 entitled "City
Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges,
Bonds, Fines and Penalties" of the City Code to increase water service and fees in
Iowa City, Iowa. Water Supt. Moreno present for discussion.
A public hearing was held on resolution approving plans, specifications, form
of contract and estimate of cost for the construction of the Iowa City Skate Park,
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 Wilburn, seconded by O'Donnell, to adopt RES. 01-180, Bk. 125, p.
180, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SKATE
PARK PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCC)MPANY
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 a resolution authorizing conveyance of the
portion of Hemingway Lane located west of Russell Drive to Steve Kohli
Construction, L.C. No one appeared.
Moved by Pfab, seconded by Vanderhoef, to adopt RES. 01-181, Bk. 125, p.
181, AUTHORIZING CONVEYANCE QF THE PORTION OF HEMINGWAY LANE
LOCATED WEST OF RUSSELL DRIVE TO STEVE KOHLI CONSTRUCTION, L.C.
Asst. City Atty. Holecek present for discussion. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Champion, that the ordinance amending Title
8, Chapter 8 of the City Code entitled "Police Citizens Review Board" to distinguish,
in accordance with actual practice, between complaints made to the board and
complaints made to the Iowa City Police Department, to allow the board to comment
on officer action and police practices, procedures, and written policies regarding an
Complete Description
June 26, 2001
Page 5
incident notwithstanding its affirmance of the Police Chief or City Manager's report in
accordance with the reasonable basis standard of review, and allowing the Board to
request that the City Council hold, general informational hearings regarding police
activities, be given first vote. Moved by Vanderhoef, seconded by O'Donnell, to
amend the ordinance by removing the review of police policies, practices, and
procedures from the purview of the Board and that they remain at the direction only
of the City Council, City Manager or Police Chief. Individual Council Members
expressed their views. The Mayor declared the amendment defeated, 3/4, with the
following division of voice vote: Ayes: Vanderhoef, O'Donnell, Lehman. Nays:
Kanner, Wilburn, Champion, Pfab. Carol de Prosse appeared. The Mayor declared
the motion carried, 5/2, with the following division of roll call vote. Ayes: Kanner,
Lehman, O'Donnell, Wilburn, Champion. Nays: Pfab, Vanderhoef. Absent: None.
Moved by O'Donnell, seconded by Wilburn, to accept correspondence by John
Watson. The Mayor declared the motion carried unanimously, 7/0, all Council
members present.
Moved by Wilburn, seconded by Vanderhoef, that the rule requiring
ordinances to be considered and voted on for final passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived, and that ORD. 01-3972, Bk. 44 p. 18, AMENDING
TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" QF THE CITY
CODE, TO INCREASE PARKING FEES IN IOWA CITY, IOWA, be voted on for final
passage at this time. Parking and Transit Director Fowler present for discussion.
Individual Council Members expressed their views. The Mayor declared the motion
carried, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell,
Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by
Wilburn, seconded by O'Donnell, that the ordinance be adopted at this time. The
Mayor declared the ordinance adopted, 6/1, with the following division of roll call
vote: Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays:
Kanner. Absent: None.
Moved by Vanderhoef, seconded by Champion, that the ordinance amending
Title 3 "City Finances, Taxation, & Fees," Chapter 4 "Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties" of the City Code, to increase wastewater
service charges and fees in Iowa City, Iowa, be given second vote. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-182, Bk.
125, p. 182, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST
AN AGREEMENT WITH MIDAMERICAN SERVICES FOR THE FINANCING OF
GREEN LED TRAFFIC SIGNAL EQUIPMENT. Individual Council Members
expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Pfab, seconded by Vanderhoef, to adopt RES. 01-183, Bk. 125, p.
183, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
THE PENINSULA NEIGHBORHOOD FIRST ADDITION SHORT-TERM FINANCING
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND TERRY L. STAMPER
HOLDINGS, L.L.C. Moved by Vanderhoef, seconded by Champion, to amend page
one, B. Line if Credit, Eligible Expenses, and Method of Access/Payment, first
paragraph, to insert "only the expenses incurred after the execution of this contract".
The following individuals appeared: George E. Thompson III, 243 Hutchinson; Terry
Stamper, 1217 Lewis Place; Kevin Hochstedler, Vice President Home Builders
Complete Description
June 26, 2001
Page 6
Association; Rob Phipps, Legislative Committee Chair, Home Builders Association;
Boy Crosby, second Vice President, Home Builders Association; Gary Werle,
President, Home Builders Association; Atty. Tom Gelman, representing Charles
Sodergren; and Dawn Mueller. Individual Council Members expressed their views.
Motion to amend withdrawn by mover and seconder. Moved by Kanner to defer
consideration of the resolution until July 10. Motion died for lack of a second. The
Mayor declared the resolution adopted, 5/2, with the following division of roll call
vote: Ayes: Champion, Lehman, Pfab, Vanderhoef, Wilburn. Nays: Kanner,
O'Donnell. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept
correspondence from Gary Wede and Jim Barrett. The Mayor declared the motion
carried, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Pfab, to adopt RES. 01-184, Bk. 125, p.
184, APPROVING THE EXTERIOR SIGNAGE AND FA(;ADE TO DIAMOND
DAVE'S IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 01-185, Bk.
125, p. 185, APPROVING EXTERIOR SIGNAGE AND FACADE TO F.I.T ZONE IN
THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by O'Donnell, seconded by Champion, to adopt RES. 01~186, Bk. 125,
p. 186, APPROVING EXTERIOR DESIGN AND AWNING TO THE ICE CREAM
SHOP IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-187, Bk.
125, p.187, APPROVING EXTERIOR SIGNAGE TQ PLANET X IN THE OLD
CAPITOL TOWN CENTER ON 201 S. CLINTON STREET. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 01-188, Bk.
125, p. 188, APPROVING THE EXTERIOR SIGNAGE AND AWNING FOR
COUNCIL TRAVEL ON 116 S. LINN STREET. 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. 01-189, Bk. 125,
p. 189, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN
FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL
#183, AFL-CIO, TO BE EFFECTIVE JULY 1,2001 THROUGH JUNE 30, 2003.
Individual Council Members expressed their views, Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-190, Bk.
125, p. 190, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE SECOND AMENDMENT TQ THE AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND ACT INC., (FORMERLY THE AMERICAN COLLEGE
TESTING PROGRAM, INC.) CONCERNING ACT INC.'S MASTER DEVELOPMENT
PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY. Asst. City
Arty. Holecek stated the ending date for the exchange would be August 1,2001.
Complete Description
June 26,2001
Page 7
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 01-191, Bk. 125, p.
191, OF INTENT TO CONVEY AUDITOR'S PARCEL NO. 2000121 TO ACT, INC. IN
EXCHANGE FOR THE CONVEYANCE OF AUDITOR'S PARCEL NO. 2000122 TO
CITY BY ACT., INC., AND SETTING A PUBLIC HEARING FOR JULY 10, 2001.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
The Mayor noted the current vacancy: Parks and Recreation Commission -
One vacancy to fill an unexpired term ending January 1, 2002 in addition to a four-
year term January 1,2002 - January 1,2006. Deadline for application is 5:00 p.m.,
Wednesday, August 15, 2001.
The Mayor noted the previously-announced vacancies: Housing and
Community Development - Three vacancies to fill a three-year term September 1,
2001 - September 1, 2004. Deadline for application is 5:00 p.m., Wednesday, July
25, 2001 .Human Rights Commission - One vacancy to fill an unexpired term ending
January 1, 2003 Deadline for application is 5:00 p.m., Wednesday, July 25, 2001
Police Citizens Review Board - Two vacancies to fill a four-year term September 1,
2001 - September 1, 2005. Deadline for application is 5:00 p.m., Wednesday, July
25, 2001.
Moved by Pfab, seconded by Vanderhoef, to appoint James Ponto, 618
Brown Street to the Historic Preservation Commission to fill a three-year term March
29, 2001 - March 29, 2004; and appoint Charles Felling, 825 S 7th Avenue to the
Public Arts Advisory Committee to serve an unexpired term ending January 1,2003.
The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Council Member Kanner noted the 1000 Friends of Iowa group working on
issues concerned with land use and development, and smart growth and encouraged
looking into one of their projects called "community license kitchen"; invited the
public to attend an Economic Development Committee meeting scheduled June 28;
and stated he was upset at the way Council reacted to an individual who appeared
during the third reading of an ordinance, and apologized as a Council Member.
Mayor Lehman clarified that the individual had appeared at previous readings on the
ordinance and had made the same presentation.
Council Member Wilburn announced the Saturday Night Drive In at
Weatherby Park sponsored by Weatherby Friends and Neighbors; the Aerohawks
Flight Show planned for July 8; and noted he had been asked by Lensing Funeral
Home to invite folks to a "Celebrate Life Benefit" on behalf of DVIP and Crisis Center
scheduled for July 14.
Council Member Vanderhoef noted the PCRB minutes where there was
discussion of the insertion of the word "alleged" in front of "police misconduct" on
brochures being distributed within the community, and reminded Council of the
discussion that occurred on the subject at a joint meeting with PCRB held earlier in
the year. A majority of Council agreed that the Mayor send a letter directing the
change.
Council Member Vanderhoef reported on a meeting with representatives of
the Iowa Workforce Board and as a result of lobby efforts the Iowa City Workforce
Development office will remain open; and continued discussions on making plans for
accountability for all 56 offices.
Council Member Champion requested information on completion of the Iowa
Avenue project. Staff will report back.
Complete Description
June 26, 2001
Page 8
Dawn Mueller noted her appreciation for all the hours spent by Council
Members; registered concern for comments made regarding the Cultural Center for
minorities at the University being torn down; noted that the "this side up" sign
screwed to the pavement during the Iowa Avenue construction project were starting
to loosen and pop up and raised concerns for persons with motor disabilities and
senior citizens, staff will follow up; urged Council to not act too quickly regarding
PCRB issues, stressing the opportunity of citizens to discuss issues; and asked that
the Mayor read the agenda items slower for cable viewers at home not familiar with
the items.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn 10:50 p.m. The
Mayor declared the motion carried unanimously, 7/ I Council Membe s p sent.
Marsan K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's office at 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 - 6/11/01
Iowa City City Council, special meeting, 5:30 p.m,, at the Civic Center, Mayor
Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell,
Pfab (5:40), Vanderhoef, Wilburn (5:31).
Moved and seconded to adjourn to executive session to consider a motion to ad-
journ to executive session to discuss strategy with counsel in matters that are presently in
litigation or where litigation is imminent where its disclosure would be likely to prejudice or
disadvantage the position of the governmental body in that litigation. The Mayor declared
the motion carried.
Council returned to open session 6:00 p.m.
Moved and seconded to adjourn to executive session to consider a motion to ad-
journ to executive session to discuss strategy with counsel in matters that are presently in
litigation or where litigation is imminent where its disclosure would be likely to prejudice or
disadvantage the position of the governmental body in that litigation, Mayor Lehman not
participating due to a conflict of interest. The Mayor Pro tem declared the motion carried.
Moved and seconded to adjourn 6:24 p.m. The Mayor Pro tem declared the mo-
tion carried.
A more complete description of Council Activities is on file in the office of the City
Clerk.
s/Ernest W. Lehman, Mayor
Sub~n~e~ for publication - 6/20/01.
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 - 6/12/01
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. The Mayor and Fire Chief
Rocca presented the Lieutenant Robert L. Hein Life Saving Award to Amanda Hart.
The Mayor proclaimed June as Pride Month, Dawn Kirschmann, accepting.
Moved and seconded that the Consent Calendar be received, or approved,
and/or adopted as amended with the deletion of item 15 (a), (b), memos from
JCCOG Traffic Engineering Planner regarding Union Road and Willow Street:
Approval of Official Council Actions for regular meeting of May 15, as
published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Board of Adjustment - April 11.
Board of Adjustment - May 9. Iowa City Airport Commission -April 5. Iowa
City Board of Appeals - March 5. Iowa City Human Rights Commission -
March 27. Iowa City Human Rights Commission - April 24. Iowa City Public
Library Board of Trustees -April 26. Parks and Recreation Commission -
May 9. Planning and Zoning Commission -April 19. Planning and Zoning
Commission - May 3. Planning and Zoning Commission - May 17. Police
Citizens Review Board - May 8.
Recommendation: Approve By-Law change: Article III. Membership,
Section 6. Terms. Members shall be initially appointed for staggered
terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa.
Thereafter, Members shall be appointed for terms of four years, with
terms expiring September 1.
Police Citizens Review Board - May 16.
Recommendation: Accept PCRB memorandum regarding ordinance
change recommendations.
Telecommunications Commission - May 30.
Recommendation: Approve the cable television franchise transfer from
AT&T to Mediacom.
Permit Motions and Resolutions as Recommended by the City Clerk.
New. Class E Liquor License for Eagle Food Center #157, 600 N. Dodge St.
Renewals. Class C Liquor License for Wig & Pen Pizza Pub, 1220 Hwy. 6
West. Class C Liquor License for Fitzpatrick's, 525 S. Gilbert St. Outdoor
Service Area for Fitzpatrick's, 525 S. Gilbert St. Class C Liquor License for
Dublin Underground, 5 S. Dubuque St. Class C Liquor License for Mill
Restaurant, 120 E. Burlington St. Class C Liquor License for Dave's Foxhead
Tavern, 402 E. Market St. Class C Liquor License for Mumm's Saloon &
Eatery, 21 W. Benton St. Outdoor Service Area for Mumm's Saloon & Eatery,
21 W. Benton St. Special Class C Liquor License for Masala, 9 S. Dubuque
St. Special Class C Liquor License for Zio Johno's Spaghetti House, 953 S.
Riverside Dr. Class C Beer Permit for Kum & Go #422,513 S. Riverside Dr.
RES. 01-146, TO ISSUE DANCE FLOOR PERMIT for Mill Restaurant, 120 E.
Burlington St. Motions. Consider a motion to approve disbursement in the
amount of $14,294,156.66 for the period of April 1 through April 30, 2001, as
recommended by the Finance Director subject to audit. Disbursements are
OfficialActions
June 12, 2001
Page 2
published and permanently retained in the City Clerk's Office in accordance
with State Code.
Setting Public Hearings, RES. 01-147, SETTING A PUBLIC HEARING
FOR JUNE 26, 2001 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED
"CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE TO INCREASE WATER SERVICE
CHARGES AND FEES IN IOWA CITY, IOWA. RES. 01-148, SETTING A
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
SKATE PARK PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION
DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 01-149, APPROVING AN AMENDMENT TO
SANITARY SEWER AND STORM WATER MANAGEMENT EASEMENT
AGREEMENTS FOR FIRST AND ROCHESTER COMMERCIAL
SUBDIVISION, PART ONE, IOWA CITY, IOWA, AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST SAID DOCUMENTS.
RES. 01-150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 1710 F STREET, IOWA CITY, IOWA. RES.
01-151, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING FOUR MORTGAGES
FOR THE PROPERTY LOCATED AT 933 EAST DAVENPORT STREET,
IOWA CITY, IOWA. RES. 01-152, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING TWO MORTGAGES AND A PROMISSORY NOTE FOR THE
PROPERTY LOCATED AT 915 HUDSON AVENUE, IOWA CITY, IOWA.
RES. 01-153, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE NECESSARY AGREEMENTS AND EASEMENTS FOR
THE DEVELOPMENT OF LOT 25, HIGHLANDER DEVELOPMENT SECOND
ADDITION, IOWA CITY, IOWA, AND THE PARCEL OF LAND LOCATED
DIRECTLY EAST THEREOF, PER THE APPROVED SITE PLAN. RES. 01-
154, ACCEPTING THE WORK OF THE CONSTRUCTION OF THE MERCER
PARK CONCESSION/RESTROOM FACILITY.
Correspondence: Karen Kubby- PCRB. Richard Green - ICON
distribution boxes. Linette Mace (Wallace Elementary) - appreciation of IC
Transit during storm. Harold Stager - Council actions. Linda Prybil - 64-1A
Lynn Whisler (Mercy Hospital) - reserved parking spaces in public right of way
[City Manager response included]. John Keller - Gringer Feeds. Alan Achtner
- smoking. John Ferguson - smoking. Barb Clark - smoking. Pi Nuernberg -
community center. Sara Hill - parking. Human Rights Commission - purposes
and processes of the Human Rights Commission. Rick Dvorak (JC Planning
and Zoning) - Fringe Area Agreement [City Manager response included].
JCCOG Traffic Engineering Planner: Placement of a LEFT LANE MUST
TURN LEFT sign on the east side of Sunset Street south of Benton Street and
a LEFT TURN YIELD ON GREEN sign on the Sunset Street northbound
traffic signal mast arm at the intersection of Sunset Street and Benton Street.
Install signage to convert three permit-only parking spaces in the Civic Center
parking lot to two handicap-only permit parking spaces. Install signage
Official Actions
June 12, 2001
Page 3
indicating RIGHT LANE MUST TURN RIGHT on the south side of Jefferson
Street just west of Clinton Street. Establishment of a pedestrian crosswalk
across Wild Prairie Drive west of Weber Elementary School. Modify existing
RIGHT LANE MUST TURN RIGHT signs on Burlington Street near the
intersection with Summit Street. Nancy Purington - Spath Dedication. Judith
Klinke - Letter encouraging contact with Southgate.
The Mayor declared the motion carried. Moved and seconded to remove NO
PARKING ANY TIME zone on the east side of Union Road between the driveway at
2008 Union Road and Arizona Avenue and removal of a NO PARKING ANY TIME
zone on the east side of Willow Street between Muscatine Avenue and Pinecrest
Road. The Mayor declared the motion carried.
James Petran, 410 Magowan, appeared regarding the Council decision to
install a gate on Lexington Avenue and the City's procedure for notifying residents on
surrounding streets of traffic calming measures being considered, and presented a
petition signed by 66 residents requesting the Lexington Avenue closure be
reconsidered. Moved and seconded to accept the petition. The Mayor declared the
motion carried. (Mayor Lehman left the meeting due to a conflict of interest.) Robynn
Shrader, 1104 Weeber Circle, presented copies of petition signed by 310 residents
to acquire the four acres owned by Southgate Development for parkland. Moved and
seconded to accept the petition. The Mayor Pro tem declared the motion carried.
(Mayor Lehman returned to the meeting.)
A public hearing was held on an ordinance changing the zoning designation
from General Industrial (I-1) to Intensive Commercial (C1-1) for approximately 12.09
acres located on the south side of Highway 1. Atty. Tom Hobart, representing the
prospective purchaser, appeared.
Moved and seconded that the ordinance changing the zoning designation
from General Industrial (I-1)to Intensive Commercial (C1-1)for approximately 12.09
acres located on the south side of Highway 1, be given first vote. The Mayor
declared the motion carried.
A public hearing was held on an ordinance changing the zoning code by
amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill,
an 8.2 acre 17-unit residential development, located north of Washington Street on
Arbor Hill Circle. The following individuals appeared: Jim McCarragher, 103 Bowling
Green Place (Moved and seconded to accept correspondence from Jim
McCarragher. The Mayor declared the motion carried); John Cruise, 905 Bluffwood
Drive; Chris Stephan, MMS Consultants (Moved and seconded to accept Exhibits A
and D. The Mayor declared the motion carried); Larry Schnittjer, MMS Consultants;
Joe Leu, 127 Bowling Green Place; and Developer Dave Hodge. Civil Engr. Moved
and seconded to continue the public hearing to June 26. The Mayor declared the
motion carried.
A public hearing was held on an ordinance changing the zoning designation
by designating the property located at 307 East College Street (Old Carnegie Public
Library) at the southeast corner of College and Linn Streets as an Iowa City Historic
Landmark. The following individuals appeared: Mike Gunn, Historic Preservation
Chairperson; Jackie Briggs, 714 N. Johnson St.; Atty. Joe Holland, representing
owner Jim Clark; Bluford Adams, 312 Fairview Ave.; Glenn Ehrstine, 228 S. Summit
St.; Emma Mills; Sally Mills, 430 Lee St.; John Scott, 147 Ferson Ave.; and Katherine
Tachau, 127 Ferson Ave. A petition signed by 51 residents supporting the ordinance
was received by the City Clerk.
Official Actions
June 12, 2001
Page 4
A public hearing was held on an ordinance vacating Hemingway Lane west of
Russell Drive.
Moved and seconded that the ordinance vacating Hemingway Lane west of
Russell Drive, be given first vote The Mayor declared the motion carried.
Moved and seconded that the ordinance changing the zoning designation
(Tower Place) of approximately 0.83 acres from public (P) to Central Business (CB-
10) located south of Iowa Avenue between Linn Street and Gilbert Street, be given
first vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 14, Chapter 6,
entitled "Zoning ," Article E, entitled "Commercial and Business Zones," to allow
municipally owned, mixed-use parking facilities in the Central Business Support Zone
(CB-5) and the Central Business Zone (CB-10), be given first vote. The Mayor
declared the motion carried.
Moved and seconded that the ordinance amending the Sensitive Areas
Overlay Plan for Walnut Ridge Parts 8, 9, and 10, an approximate 35.15-acre
residential subdivision located on Kennedy Parkway, be given second vote. The
Mayor declared the motion carried.
Moved and seconded to adopt RES. 01-155, APPROVING FINAL PLAT QF
PENINSULA NEIGHBORHOOD, FIRST ADDITION, IOWA CITY, IOWA.
A public hearing was held on conveyance of the property known as peninsula
neighborhood, first addition, in Iowa City, Iowa, to Terry L. Stareper Holdings, L.L.C.
Moved and seconded to defer indefinitely resolution authorizing conveyance
of the property known as Peninsula Neighborhood, First Addition, in Iowa City, Iowa,
to Terry L. Stamper Holdings, L.L.C. The Mayor declared the motion carried.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for the construction of the Iowa City Kickers Soccer Park parking lot
resurfacing 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. 01-156, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK PARKING LOT
RESURFACING 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 that the ordinance amending Title 3, "City Finances,
Taxation and Fees," Chapter 4, "schedule of fees, rates, charges, bonds, fines and
penalties" of the City Code, to increase parking fees in Iowa City, Iowa, be given first
vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 3 "City Finances,
Taxation, & Fees," Chapter 4 "schedule of fees, rates, charges, bonds, fines and
penalties" of the City Code, to increase wastewater service charges and fees in Iowa
City, Iowa, be given first vote. The Mayor declared the motion carried.
Moved and seconded that ORD. 01-3968, AMENDING THE CITY CODE OF
THE CITY OF IOWA CITY, IOWA, BY ENACTING NEW SECTIONS NUMBERED 4-
2-3, ENTITLED "LOCAL REVIEW OF APPLICATION/INVESTIGATION OF
APPLICANT"; SECTION 4-2-4, ENTITLED "NOTICE AND HEARING"; AND
SECTION 4-2-5, ENTITLED "CIVIL PENALTIES"; REVISING SECTION 4-5-4
ENTITLED "REGULATION OF PERSONS UNDER LEGAL AGE"; ENACTING A
Official Actions
June 12, 2001
Page 5
NEW SECTION 4-5-6 ENTITLED "SALES TO INTOXICATED PERSONS"; AND
ENACTING A NEW SECTION 4-5-7 ENTITLED "LIMITATIONS ON SALES," ALL
OF WHICH PROVIDE FOR THE REGULATION OF ALCOHOL SALES, be passed
and adopted. Matt Blizek, 650 S. Dodge, appeared.
Moved and seconded to adopt RES. 01-157, DIRECTING THE SALE OF
$11,500,000 GENERAL OBLIGATION BONDS.
Moved and seconded to consider a motion approving the form of tax
exemption certificate to be placed on file. The Mayor declared the motion carried.
Moved and seconded to consider a motion approving the form of continuing
disclosure certificate to be placed on file. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 01-158, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $11,500,000 GENERAL OBLIGATION
BONDS AND LEVYING A TAX TO PAY SAID BONDS.
Moved and seconded to adopt RES. 01-159, APPROVING, AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND JAMES
DUNCAN AND ASSOCIATES TO PROVIDE PLANNING CONSULTANT SERVICES
FOR THE REDRAFTING OF DEVELOPMENT CODES, INCLUDING ZONING,
SUBDIVISION AND SITE PLAN ORDINANCES.
Moved and seconded to adopt RES. 01-160, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE FOSTER ROAD GRADING AND
WATER MAIN PROJECT.
Moved and seconded to adopt RES. 01-161, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE LONGFELLOW/TWAIN
PEDESTRIAN TUNNEL PROJECT.
Moved and seconded to adopt RES. 01-162, APPROVING, AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
SHOEMAKER & HAALAND TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE CAPTAIN IRISH PHASE II AND FIRST AVENUE
EXTENSION PROJECT.
Moved and seconded to adopt RES. 01-163, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT
BETWEEN THE UNIVERSITY OF IOWA AND THE CITY OF IOWA CITY
REGARDING THE CONSTRUCTION OF THE MORMON TREK BOULEVARD
IMPROVEMENTS PROJECT.
Moved and seconded to adopt RES. 01-164, AUTHORIZING THE
EXECUTION OF A PUBLIC ALLEY RIGHT OF WAY AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND MERCY IOWA CITY. Architect Robert Carlson, Rohrbach
Carlson, present for discussion.
Moved and seconded to adopt RES. 01-165, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT
FOR 4 HEATHER COURT, BEL AIR SUBDIVISION, IOWA CITY, IOWA.
Moved and seconded to adopt RES. 01-166, INTENT TO CONVEY THE
PORTION OF HEMINGWAY LANE LOCATED WEST OF RUSSELL DRIVE TO
STEVE KOHLI CONSTRUCTION, L.C., AND SETTING A PUBLIC HEARING ON
SAID CONVEYANCE FOR JUNE 26, 2001.
Official Actions
June 12, 2001
Page 6
Moved and seconded to adopt RES. 01-167, ESTABLISHING
CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/
ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY02 AND
FY03.
Moved and seconded to adopt RES. 01-168, APPROVING ASSIGNMENT OF
CABLE TELEVISION FRANCHISE FROM CABLEVISION VII, TO MEDIACOM
COMMUNICATIONS CORPORATION AND ITS DESIGNATED AFFILIATE.
Moved and seconded to adopt RES. 01-169, REQUIRING THAT CITY
COUNCIL APPOINTEES VOTE iN ACCORDANCE WITH CITY COUNCIL POLICY
AS ESTABLISHED BY MOTION, RESOLUTION, OR ORDINANCE, AND
ESTABLISHING THAT FAILURE TO DO SO SHALL BE JUST CAUSE FOR
REMOVAL FROM SUCH APPOINTMENT, as amended.
Moved and seconded to adopt RES. 01-170, RATIFYING SETTLEMENT OF
PENDING LITIGATION AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A SETTLEMENT AGREEMENT AND RELEASE.
Moved and seconded to consider a motion to appeal the decision of the
administrative law judge regarding the liquor control, license for ETC. The Mayor
declared the motion defeated.
The Mayor noted the current vacancies: Housing and Community
Development -Three vacancies to fill a three-year term September 1, 2001 -
September 1,2004. Deadline for application is 5:00 p.m., Wednesday, July 25, 2001
Police Citizens Review Board - Two vacancies to fill a four-year term September 1,
2001 - September 1, 2005. Human Rights Commission - One vacancy to fill an
unexpired term ending January 1,2003. Deadline for application is 5:00 p.m.,
Wednesday, July 25, 2001.
The Mayor noted the previously-announced vacancies: Historic Preservation
Commission - One vacancy to fill a three-year term March 29, 2001 - March 29,
2004. Deadline for application is 5:00 p.m., Wednesday, June 20, 2001. Public Arts
Advisory Committee - One vacancy for an Art Professional to serve an unexpired
term ending January 1,2003. Deadline for application is 5:00 p.m., Wednesday,
June 20, 2001.
Moved and seconded to make the following appointments to Boards and
Commissions: Library Board of Trustees - appoint David VanDusseldorp, 2646
Concord Circle, Tom Suter, 2255 Balsam Court, Colin Hennessey, 225 E.
Washington Street, to fill six-year terms July 1, 2001 - July 1, 2007; appoint
Elizabeth Koppes, 1528 California Avenue, to the Planning & Zoning Commission for
an unexpired term ending May 1,2002; and confirmed the recommendations of the
Deer Task Force to appoint Lezlie Hall as an At-Large member and Pete Sidwell as
a NonGovernment Conservationalist for terms ending March 15, 2004. The Mayor
declared the motion carried.
Moved and seconded to adjourn 10:30 p.m. The Mayor declared the motion
carried.
A more complete description of Council activities and disbursements is on file
in the office of the City Clerk and Finance Department.
s/Ernest W. Lehman, Mayor
Submitted for publication - 6/2~0/01
Subject to change as ~nalized by the City Clerk. For a final official copy, contact the City
Clerk's office at 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JUNE 11,2001
Iowa City City Council, special meeting, 5:30 p.m., at the Civic Center, Mayor
Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell,
Pfab (5:40), Vanderhoef, Wilburn (5:31). Staffmembers present: Dilkes, O'Malley, Mat-
thews, Franklin, Karr, Arkins. Council minutes recorded on Tape 01-57, Side 1.
Moved by Champion, seconded by O'Donnell, to adjourn to executive session to
consider a motion to adjourn to executive session to discuss strategy with counsel in
matters that are presently in litigation or where litigation is imminent where its disclosure
would be likely to prejudice or disadvantage the position of the governmental body in that
litigation. Affirmative roll call vote unanimous, 5/0, Pfab, Wilburn, absent. The Mayor de-
clared the motion carried and adjourned into executive session at 5:30 p.m. Council returned to open session 6:00 p.m.
Moved by Champion, seconded by Wilburn, to adjourn to executive session to
consider a motion to adjourn to executive session to discuss strategy with counsel in
matters that are presently in litigation or where litigation is imminent where its disclosure
would be likely to prejudice or disadvantage the position of the governmental body in that
litigation. The City Attorney stated Council would be discussing the Southgate Develop-
ment litigation in connection with the Hadocke Weeber rezoning, and Mayor Lehman
would not be participating due to a conflict of interest. Individual Council Members ex-
pressed their views. The Mayor Pro tem declared the motion carried, 4/2, with the follow-
ing division of roll call vote: Ayes: Champion, O'Donnell, Vanderhoef, Wilburn. Nays:
Kanner, Pfab. None. Council adjourned into executive session at 6:05 p.m. Council returned to executive session at 6:15 p.m.
Moved by Champion, seconded by O'Donnell, to adjourn the special meeting at
6:24 p.m. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman ab-
sent.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk.' For a final official copy, contact the
City Clerk's Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JUNE 12, 2001
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. Staffmembers present: Atkins,
Helling, Dilkes, Karr, Franklin, Trueblood, Fowler, Knoche, O'Malley, Scott, Shera,
McCafferty. Council minutes tape recorded on Tape 01-57, Side 2, Tape 01-60 and
Tape 01-61, Both Sides.
The 'l~layor and Fire Chief Rocca presented the Lieutenant Robert L. Hein Life
Saving Award to Amanda Hart.
The Mayor proclaimed June as Pride Month, Dawn Kirschmann, accepting.
Moved by Champion, seconded by O'Donnell, that the Consent Calendar be
received, or approved, and/or adopted as amended with the deletion of item 15 (a),
(b), memos from JCCOG Traffic Engineering Planner regarding Union Road and
Willow Street:
Approval of Official Council Actions for regular meeting of May 15, as
published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Board of Adjustment- April 11.
Board of Adjustment - May 9. Iowa City Airport Commission - April 5. Iowa
City Board of Appeals - March 5. Iowa City Human Rights Commission -
March 27. Iowa City Human Rights Commission -April 24. Iowa City Public
Library Board of Trustees -April 26. Parks and Recreation Commission -
May 9. Planning and Zoning Commission -April 19. Planning and Zoning
Commission - May 3. Planning and Zoning Commission - May 17. Police
Citizens Review Board - May 8.
Recommendation: Approve By-Law change: Article III. Membership,
Section 6. Terms. Members shall be initially appointed for staggered
terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa.
Thereafter, Members shall be appointed for terms of four years, with
terms expiring September 1.
Police Citizens Review Board - May 16.
Recommendation: Accept PCRB memorandum regarding ordinance
change recommendations.
Telecommunications Commission - May 30.
Recommendation: Approve the cable television franchise transfer from
AT&T to Mediacom.
Permit Motions and Resolutions as Recommended by the City Clerk.
New. Class E Liquor License for Eagle Food Centers, Inc., dba Eagle Food
Center #157, 600 N. Dodge St. Renewals. Class C Liquor License for GFP,
Inc., dba Wig & Pen Pizza Pub, 1220 Hwy. 6 West. Class C Liquor License for
Fitzpatrick's Alehouse, Inc., dba Fitzpatrick's, 525 S. Gilbert St. Outdoor
Service Area for Fitzpatrick's Alehouse, Inc., dba Fitzpatrick's, 525 S. Gilbert
St. Class C Liquor License for Dublin Underground, Inc., dba Dublin
Underground, 5 S. Dubuque St. Class C Liquor License for Keith W.
Dempster dba Mill Restaurant, 120 E. Burlington St. Class C Liquor License
for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St. Class
C Liquor License for J.S. Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W.
Benton St. Outdoor Service Area for J. S. Mummey, Inc., dba Mumm's Saloon
& Eatery, 21 W. Benton St. Special Class C Liquor License for OM, Inc., dba
Masala, 9 S. Dubuque St. Special Class C Liquor License for Zio Johno's,
Complete Descri~ion
June 12, 2001
Page 2
Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr. Class C Beer
Permit for Krause Gentle Corp., dba Kum & Go #422, 513 S. Riverside Dr.
RES. 01-146, Bk. 125, p. 146, TO ISSUE DANCE FLOOR PERMIT for Keith
W. Dempster dba Mill Restaurant, 120 E. Burlington St. Motions. Consider a
motion to approve disbursement in the amount of $14,294, 156.66 for the
period of April 1 through April 30, 2001, as recommended by the Finance
Director subject to audit. Disbursements are published and permanently
retained in the City Clerk's Office in accordance with State Code.
Setting Public Hearings, Bk. 125: RES. 01-147, p. 147, SETTING A
PUBLIC HEARING FOR JUNE 26, 2001 ON AN ORDINANCE AMENDING
TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4
ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES
AND PENALTIES" OF THE CITY CODE TO INCREASE WATER SERVICE
CHARGES AND FEES IN IOWA CITY, IOWA. RES. 01-148, p. 148,
SETTING A PUBLIC HEARING for June 26 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY SKATE PARK PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
Resolutions, Bk. 125: RES. 01-149, p. 149, APPROVING AN
AMENDMENT TO SANITARY SEWER AND STORM WATER
MANAGEMENT EASEMENT AGREEMENTS FOR FIRST AND
ROCHESTER COMMERCIAL SUBDIVISION, PART ONE, IOWA CITY,
IOWA, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST SAID DOCUMENTS. RES. 01-150, p. 150, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE
OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
1710 F STREET, IOWA CITY, IOWA. RES. 01-151, p. 151, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RELEASE OF LIEN REGARDING FOUR MORTGAGES FOR THE
PROPERTY LOCATED AT 933 EAST DAVENPORT STREET, IOWA CITY,
IOWA. RES. 01-152, p. 152, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING
TWO MORTGAGES AND A PROMISSORY NOTE FOR THE PROPERTY
LOCATED AT 915 HUDSON AVENUE, IOWA CITY, IOWA. RES. 01-153, p.
153, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE NECESSARY AGREEMENTS AND EASEMENTS FOR THE
DEVELOPMENT OF LOT 25, HIGHLANDER DEVELOPMENT SECOND
ADDITION, IOWA CITY, IOWA, AND THE PARCEL OF LAND LOCATED
DIRECTLY EAST THEREOF, PER THE APPROVED SITE PLAN. RES. 01-
154, p. 154, ACCEPTING THE WORK OF THE CONSTRUCTION OF THE
MERCER PARK CONCESSION/RESTROOM FACILITY.
Correspondence: Karen Kubby - PCRB. Richard Green - ICON
distribution boxes. Linette Mace (Wallace Elementary) - appreciation of IC
Transit during storm. Harold Stager - Council actions. Linda Prybil - 64-1A
Lynn Whisler (Mercy Hospital) - reserved parking spaces in public right of way
[City Manager response included]. John Keller - Gringer Feeds. Alan Achtner
- smoking. John Ferguson - smoking. Barb Clark - smoking. Pi Nuernberg -
community center. Sara Hill - parking [City Manager response included].
Complete Description
June 12, 2001
Page 3
Human Rights Commission - purposes and processes of the Human Rights
Commission. Rick Dvorak (JC Planning and Zoning) - Fringe Area Agreement
[City Manager response included]. JCCOG Traffic Engineering Planner:
Placement of a LEFT LANE MUST TURN LEFT sign on the east side of
Sunset Street south of Benton Street and a LEFT TURN YIELD ON GREEN
sign on the Sunset Street northbound traffic signal mast arm at the
intersection of Sunset Street and Benton Street. Install signage to convert
three permit-only parking spaces in the Civic Center parking lot to two
handicap-only permit parking spaces. Install signage indicating RIGHT LANE
MUST TURN RIGHT on the south side of Jefferson Street just west of Clinton
Street. Establishment of a pedestrian crosswalk across Wild Prairie Drive west
of Weber Elementary School. Modify existing RIGHT LANE MUST TURN
RIGHT signs on Burlington Street near the intersection with Summit Street.
Nancy Purington - Spath Dedication. Judith Klinke - Letter encouraging
contact with Southgate.
Council Member Kanner noted the Board of Appeals minutes and discussion
regarding smoke control devices at the Sycamore Mall, Fire Chief Rocca stated he
would provide information; noted the number of police visits and charges filed for
possession under legal age for the establishments requesting license approval;
questioned whether the resolution approving the Mercy Project on First Avenue and
constructing of a retaining wall would affect the water flow/drainage in the area, PCD
Director Franklin stated the plans had been reviewed by Public Works and the
capacity of the stormwater basin remains the same; and questioned a resolution
regarding Highlander Development easements, City Atty. Dilkes suggested items be
mentioned at work session to allow staff to provide information and it was her
understanding that the plan had been reviewed administratively and required Council
approval. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to
remove NO PARKING ANY TIME zone on the east side of Union Road between the
driveway at 2008 Union Road and Arizona Avenue and removal of a NQ PARKING
ANY TIME zone on the east side of Willow Street between Muscatine Avenue and
Pinecrest Road. Individual Council Members expressed their views. The Mayor
declared the motion carried, 5/2, with the following division of roll call vote: Ayes:
O'Donnell, Pfab, Wilburn, Champion, Kanner. Nays: Lehman, Vanderhoef. Absent:
None. Majority of Council requested "Caution" signs be installed on both streets.
James Petran, 410 Magowan, appeared regarding the Council decision to
install a gate on Lexington Avenue and the City's procedure for notifying residents on
surrounding streets of traffic calming measures being considered, and presented a
petition signed by 66 residents requesting the Lexington Avenue closure be
reconsidered. Council Member Pfab reviewed Council work session discussion and
agreement reached to discuss traffic calming at work sessions, allow media
coverage, and then Council direction to staff would be scheduled for the formal
meeting two weeks later to allow ample time for the public to hear the Council
discussion and respond if necessary. Moved by Vanderhoef, seconded by Wilburn to
accept the petition. The Mayor declared the motion carried. (Mayor Lehman left the
meeting due to a conflict of interest.) Robynn Shrader, 1104 Weeber Circle,
presented copies of petition signed by 310 residents to acquire the four acres owned
by Southgate Development for parkland. Individual Council Members expressed
their views. Moved by Pfab, seconded by Champion, to accept the petition. The
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June 12, 2001
Page 4
Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman absent.
(Mayor Lehman returned to the meeting.)
A public hearing was held on an ordinance changing the zoning designation
(Ruppert) from General Industrial (I-1) to Intensive Commercial (C1-1) for
approximately 12.09 acres located on the south side of Highway 1. Atty. Tom Hobart,
representing the prospective purchaser, appeared.
Moved by Champion, seconded by O'Donnell, that the ordinance changing the
zoning designation (Ruppert) from General Industrial (I-1) to Intensive Commercial
(C1-1) for approximately 12.09 acres located on the south side of Highway 1, be
given first vote. The Mayor declared the motion carried, 6/1, with the following
division of roll call vote: Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Kanner,
Lehman. Nays: Pfab. Absent: None.
A public hearing was held on an ordinance changing the zoning code by
amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill,
an 8.2 acre 17-unit residential development, located north of Washington Street on
Arbor Hill Circle. The following individuals appeared: Jim McCarragher, 103 Bowling
Green Place (Moved by O'Donnell, seconded by Pfab, to accept correspondence
from Jim McCarragher. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present); John Cruise, 905 Bluffwood Drive; Chds Stephan, MMS
Consultants (Moved by Vanderhoef, seconded by O'Donnell, to accept Exhibits A
and D. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present); Larry Schnittjer, MMS Consultants; Joe Leu, 127 Bowling Green
Place; and Developer Dave Hodge. Civil Engr. Knoche and PCD Director Franklin
present for discussion. Moved by O'Donnell, seconded by Kanner, to continue the
public hearing to June 26. 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
by designating the property located at 307 East College Street (Old Carnegie Public
Library) at the southeast corner of College and Linn Streets as an Iowa City Historic
Landmark. The following individuals appeared: Mike Gunn, Historic Preservation
Chairperson; Jackie Briggs, 714 N. Johnson St.; Atty. Joe Holland, representing
owner Jim Clark; Bluford Adams, 312 Fairview Ave.; Glenn Ehrstine, 228 S. Summit
St.; Emma Mills; Sally Mills, 430 Lee St.; John Scott, 147 Ferson Ave.; and Katherine
Tachau, 127 Ferson Ave. A petition signed by 51 residents supporting the ordinance
was received by the City Clerk.
A public hearing was held on an ordinance vacating Hemingway Lane west of
Russell Drive. No one appeared.
Moved by O'Donnell, seconded by Champion, that the ordinance vacating
Hemingway Lane west of Russell Drive, be given first vote The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Vanderhoef, that the ordinance changing
the zoning designation (Tower Place) of approximately 0.83 acres from public (P) to
Central Business (CB-10) located south of Iowa Avenue between Linn Street and
Gilbert Street, be given first vote. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Champion, that the ordinance amending
Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business
Zones," to allow municipally owned, mixed-use parking facilities in the (Tower Place)
Central Business Support Zone (CB-5) and the Central Business Zone (CB-10), be
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June 12, 2001
Page 5
given first vote. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending
the Sensitive Areas Overlay Plan for Walnut Ridge Parts 8, 9, and 10, an
approximate 35.15-acre residential subdivision located on Kennedy Parkway, be
given second vote. The Mayor declared the motion carried, 5/2, with the following
division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion.
Nays: Kanner, Pfab. Absent: None.
Moved by Champion, seconded by Pfab, to adopt RES. 01-155, Bk. 125, p.
155, APPROVING FINAL PLAT OF PENINSULA NEIGHBORHOOD, FIRST
ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on conveyance of the property known as peninsula
neighborhood, first addition, in Iowa City, Iowa, to Terry L. Stamper Holdings, L.L.C.
No one appeared.
Moved by Pfab, seconded by Vanderhoef to defer indefinitely resolution
authorizing conveyance of the property known as Peninsula Neighborhood, First
Addition, in Iowa City, Iowa, to Terry L. Stareper Holdings, L.L.C. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for the construction of the Iowa City Kickers Soccer Park parking lot
resurfacing 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 Pfab, seconded by Vanderhoef, to adopt RES. 01-156, Bk. 125, p.
156, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS
SOCCER PARK PARKING LOT RESURFACING 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. Individual Council Members expressed their views.
The Mayor declared the resolution adopted, 6/1, with the following division of roll call
vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays:
Kanner. Absent: None.
Moved by Vanderhoef, seconded by Wilburn, that the ordinance amending
Title 3, "City Finances, Taxation and Fees," Chapter 4, "schedule of fees, rates,
charges, bonds, fines and penalties" of the City Code, to increase parking fees in
Iowa City, Iowa, be given first vote. Parking and Transit Mgr. Fowler present for
discussion. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending
Title 3 "City Finances, Taxation, & Fees," Chapter 4 "schedule of fees, rates,
charges, bonds, fines and penalties" of the City Code, to increase wastewater
service charges and fees in Iowa City, Iowa, be given first vote. The Mayor declared
the motion carded unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Wilburn, that ORD. 01-3968, Bk. 44, p.
14, AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY
ENACTING NEW SECTIONS NUMBERED 4-2-3, ENTITLED "LOCAL REVIEW OF
APPLICATION/INVESTIGATION OF APPLICANT"; SECTION 4-2-4, ENTITLED
"NOTICE AND HEARING"; AND SECTION 4-2-5, ENTITLED "CIVIL PENALTIES";
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June 12, 2001
Page 6
REVISING SECTION 4-5-4 ENTITLED "REGULATION OF PERSONS UNDER
LEGAL AGE"; ENACTING A NEW SECTION 4-5-6 ENTITLED "SALES TO
INTOXICATED PERSONS"; AND ENACTING A NEW SECTION 4-5-7 ENTITLED
"LIMITATIONS ON SALES," ALL OF WHICH PROVIDE FOR THE REGULATION
OF ALCOHOL SALES, be passed and adopted. Matt Blizek, 650 S. Dodge,
appeared. Individual Council Members expressed their views. The Mayor declared
the ordinance adopted, 4/3, with the following division of roll call vote: Ayes: Lehman,
Pfab, Vanderhoef, Wilburn. Nays: Champion, Kanner, O'Donnell. Absent: None.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 01-157, Bk.
125, p. 157, DIRECTING THE SALE OF $11,500,000 GENERAL OBLIGATION
BONDS to Dain Rauscher. Individual Council Members expressed their views.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Pfab, seconded by Vanderhoef, to consider a motion approving the
form of tax exemption certificate to be placed on file. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Pfab, seconded by Champion, to consider a motion approving the
form of continuing disclosure certificate to be placed on file. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Pfab, seconded by Champion, to adopt RES. 01-158, Bk. 125, p.
158, RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
$11,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID
BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-159, Bk.
125, p. 159, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND JAMES DUNCAN AND ASSOCIATES
TO PROVIDE PLANNING CONSULTANT SERVICES FOR THE REDRAFTING OF
DEVELOPMENT CODES, INCLUDING ZONING, SUBDIVISION AND SITE PLAN
ORDINANCES. PCD Director Franklin present for discussion. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Pfab, seconded by O'Donnell, to adopt RES. 01-160, Bk. 125, p.
160, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
FOSTER ROAD GRADING AND WATER MAIN PROJECT to Maxwell Construction
for $1,228,678.20. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-161, Bk.
125, p. 161, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE LONGFELLOW/TWAIN PEDESTRIAN TUNNEL PROJECT to Dixon
Construction Co., for $ 288,114.80. Individual Council Members expressed their
views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-162, Bk.
125, p. 162, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND TO
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June 12, 2001
Page 7
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE CAPTAIN IRISH
PHASE II AND FIRST AVENUE EXTENSION PROJECT. The Mayor declared the
resolution adopted, 6/1, with the following division of roll call vote: Ayes: Wilburn,
Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-163, Bk. 125,
p. 163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
A FUNDING AGREEMENT BETWEEN THE UNIVERSITY OF IOWA AND THE
CITY OF IOWA CITY REGARDING THE CONSTRUCTION QF THE MORMON
TREK BOULEVARD IMPROVEMENTS PROJECT. Civil Engr. Knoche present for
discussion. The Mayor declared the resolution adopted, 6/1, with the following
division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilbum. Nays: Kanner. Absent: None.
Moved by O'Donnell, seconded by Pfab, to adopt RES. 01-164, Bk. 125, p.
164, AUTHORIZING THE EXECUTION OF A PUBLIC ALLEY RIGHT OF WAY
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCY IOWA CITY.
Individual Council Members expressed their views. Architect Robert Cadson,
Rohrbach Carlson, 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 Pfab, to adopt RES. 01-165, Bk. 125, p.
165, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
SUBORDINATION AGREEMENT FOR 4 HEATHER COURT, BEL AIR
SUBDIVISION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by Pfab, to adopt RES. 01-166, Bk. 125, p.
166, INTENT TO CONVEY THE PORTION OF HEMINGWAY LANE LOCATED
WEST OF RUSSELL DRIVE TO STEVE KOHLI CONSTRUCTION, L.C., AND
SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 26, 2001.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-167, Bk.
125, p. 167, ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR
CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES
FOR FY02 AND FY03. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Pfab, seconded by Champion, to adopt RES. 01-168, Bk. 125, p.
168, APPROVING ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM
CABLEVISION VII, TO MEDIACOM COMMUNICATIONS CORPORATION AND ITS
DESIGNATED AFFILIATE. Individual Council Members expressed their views. Asst.
City Mgr. Helling present for discussion. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-169, Bk.
125, p. 169, REQUIRING THAT CITY COUNCIL APPOINTEES VOTE IN
ACCORDANCE WITH CITY COUNCIL POLICY AS ESTABLISHED BY MOTION,
RESOLUTION, OR ORDINANCE, AND ESTABLISHING THAT FAILURE TO DO SO
SHALL BE JUST CAUSE FOR REMOVAL FROM SUCH APPOINTMENT, as
amended. In response to Council Member Wilburn the City Attyo stated she would
amend the resolution to add "from such appointment" to cladfy the removal language
did not imply removal from office. Majority of Council agreed. Individual Council
Members expressed their views. The Mayor declared the resolution adopted, 5/2,
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June 12, 2001
Page 8
with the following division of roll call vote: Ayes: Wiiburn, Champion, Lehman,
O'Donnell, Vanderhoef. Nays: Kanner, Pfab. Absent: None.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-170, Bk.
125, p. 170, RATIFYING SETTLEMENT OF PENDING LITIGATION AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
SETTLEMENT AGREEMENT AND RELEASE to the Elks for $33,687. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Champion, seconded by Pfab, to consider a motion to appeal the
decision of the administrative law judge regarding the liquor control, license for ETC.
Individual Council Members expressed their views. The Mayor declared the motion
defeated, 2/5, with the following division of roll call vote: Ayes: Pfab, Kanner. Nays:
Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None.
The Mayor noted the current vacancies: Housing and Community
Development - Three vacancies to fill a three-year term September 1,2001 -
September 1, 2004. Deadline for application is 5:00 p.m., Wednesday, July 25, 2001
Police Citizens Review Board - Two vacancies to fill a four-year term September 1,
2001 - September 1, 2005. Human Rights Commission - One vacancy to fill an
unexpired term ending January 1, 2003. Deadline for application is 5:00 p.m.,
Wednesday, July 25, 2001. The Mayor encouraged interested citizens to become
involved and participate in City Boards and Commissions.
The Mayor noted the previously-announced vacancies: Historic Preservation
Commission - One vacancy to fill a three-year term March 29, 2001 - March 29,
2004. Deadline for application is 5:00 p.m., Wednesday, June 20, 2001. Public Arts
Advisory Committee - One vacancy for an Art Professional to serve an unexpired
term ending January 1, 2003. Deadline for application is 5:00 p.m., Wednesday,
June 20, 2001.
Moved by O'Donnell, seconded by Pfab, to make the following appointments
to Boards and Commissions: Library Board of Trustees - appoint David
VanDusseldorp, 2646 Concord Circle, Tom Suter, 2255 Balsam Court, Colin
Hennessey, 225 E. Washington Street, to fill six-year terms July 1, 2001 - July 1,
2007; appoint Elizabeth Koppes, 1528 California Avenue, to the Planning & Zoning
Commission for an unexpired term ending May 1, 2002; and confirmed the
recommendations of the Deer Task Force to appoint Lezlie Hall as an At-Large
member and Pete Sidwell as a NonGovernment Conservationalist for terms ending
March 15, 2004. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present. Correspondence from Patdcia Moore was received. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Council Member Vanderhoef requested that a letter be sent to the Alcoholic
Beverages Division requesting input into the timing of local suspensions of beer and
liquor licenses. Mayor Lehman suggested rather than having input a formula be
established that suspensions are a certain number of days after conviction.
Council Member Wilburn stated it was a great week-end for Arts Fest and he
was looking forward to the Jazz Festival June 30-July 2.
Council Member Kanner stated he would be attending the Greater Iowa City
Housing Fellowship Tour; commended on the student built house he toured on
Community Development Day; asked that a discussion of Council involvement in the
jail be scheduled for an upcoming work session (Majority of Council requested a
letter be sent to the County Board Chair asking for further information on City
involvement and the possibility of a joint meeting between the City and County);
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June 12, 2001
Page 9
reported on discussions at the work session concerning the PCRB (Police Citizens
Review Board) and encouraged citizens to contact Council Members with any input
into the ordinance; and noted the rally being planned by Students Against Sweat
Shops scheduled on the Pentacrast noon Friday.
Council Member Vanderhoef noted the dedication of the new art pieces
downtown and thanked the artists and the Public Art Committee for their efforts.
Council Member O'Donnell noted the celebration of the 10Oth birthday of the
Johnson County Court House and displayed a picture done by the City's Document
Services Division which he presented on behalf of the City; and reported he flipped
pancakes at the ICARE breakfast with Coralville Council Member Henry Herwig in
the absence of Mayor Lehman.
Council Member Champion asked for Council support to explore the idea of
limiting bars by zones in Iowa City, Council majority indicated a desire to explore the
idea; and reported on meeting and greeting Lt. Governor Sally Peterson on her
Discover Iowa tour and visit to Iowa City.
Council Member Pfab thanked Lynne and Roger Haldeman for pursing the
opening of a grocery store in the Broadway area.
Mayor Lehman stated he would like to see newspaper in the downtown
kiosks.
Moved by Vanderhoef, seconded by O'Donnell, to adjourn 10:30 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk