HomeMy WebLinkAbout2001-08-21 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
AUGUST 21,2001
Iowa City, City Council, regular meeting 7:00 p.m. at the Civic Center. Mayor
Lehman presiding. Council members present: Champion, Kanner, Lehman,
O'Donnell, Pfab, Wilburn, Vanderhoef. Absent: None. Staff members present: Atkins,
Helling, Dilkes, Karr, O'Malley, O'Neil, Franklin. Council minutes tape recorded on
Tape 01-80 and Tape 01-81, Both Sides; Tape 01-82: Side 1.
The Mayor proclaimed: Aviation Week -August 20-26, Mark Anderson,
Director Fly Iowa, accepting.
PCD Director Franklin, Emile Rubright, and Ina Loewenberg provided
information regarding the gift of two photographic portraits of Nancy Seiberling to the
Iowa City Public Art Program. Nancy Seiberling present. Moved by O'Donnell,
seconded by Champion to move Item No. 12 up on the agenda and consider at this
time. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present. Moved by Champion, seconded by O'Donnell, to adopt RES. 01-253, Bk.
126, p. 253, ACCEPTING THE GIFT OF ARTWORK FROM INA LOEWENBERG,
CONSISTING OF TWO PHOTOGRAPHIC PORTRAITS OF NANCY SEIBERLING,
TO THE IOWA CITY PUBLIC ART COLLECTION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE ARTIST FOR ACCEPTANCE
OF SAME. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Finance Director O'Malley accepted the Government Finance Officers
Association Certificate of Excellence.
The Mayor and Asst. City Mgr. Helling noted that Personnel Administrator
Mejia has received the International Personnel Management Association certification
as a professional in personnel management.
Moved by Champion, seconded by Vanderhoef, that the Consent Calendar be
received, or approved, and/or adopted as amended as follows. Council Member
Kanner requested to delete from the Consent Calendar and consider separately item
4f(3) resolution accepting the work for the Transit Parking Lot Resurface Project.
Approval of Official Council Actions for special meeting of July 31,
published subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Iowa City Airport Commission -
July 19. Iowa City Board of Adjustment- July 11. Iowa City Public Library
Board of Trustees - June 28. Iowa City Public Art Advisory Committee -
August 2. Parks and Recreation Commission - July 11. Planning and Zoning
Commission -July 19. Planning and Zoning Commission -August 2.
Motion: Approve disbursements in the amount of $23,642,966.68 for
the period of July 1 through July 31,2001, as recommended by the Finance
Director subject to audit.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Beer Permit for Michael Zeadow dba College Street Oasis, 110
E. College Street. Renewals: Class C Beer Permit for A & J Mini Mart, Inc.,
dba A & J Mini Mart, 2153 ACT Circle. Class C Beer Permit for L & M Mighty
Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St. Class B Wine
Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E.
Burlington St. Class E Liquor License for Aajaxxx Liquor Store, Inc., dba
Aajaxxx Liquor Store, 107 S. Linn St. Class B Wine Permit for Aajaxxx Liquor
Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. Class C Beer Permit for
Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. Class C
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August 21,2001
Page 2
Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market
St. Class B Wine Permit for New Pioneer Cooperative Society dba New
Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. Class C Beer Permit
for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food
Market, 22 S. Van Buren St. Special Class C Liquor License for The Cottage
of Iowa City, Inc., dba The Cottage Bakery & Caf~, 14 S. Linn St.
Motion: Set a public hearing for September 11 on proposed
amendments to Iowa City's 2001-2006 Consolidated Plan (a.k.a. City Steps).
Setting a public hearings, Bk. 126: RES. 01-254, p. 254, SETTING A
PUBLIC HEARING for September 11 ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER
STATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION. RES. 01-255, p. 255, SETTING
A PUBLIC HEARING for September 11 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION
OF THE JOHNSON STREET SANITARY SEWER PROJECT, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION. RES. 01-256, p. 256, SETTING A PUBLIC HEARING for
September 11 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HICKORY HILL
PARK TRAILS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE PARKS & RECREATION
DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
RES. 01-257, p. 257, SETTING A PUBLIC HEARING for September 11 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING
ENVELOPE WATER PROOFING PROJECTS, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Resolutions, Bk. 126: Motion authorizing the Mayor to sign a Letter of
Agreement with Johnson County allowing selected township residents to vote
with selected Iowa City precincts. RES. 01-258, p. 258, ACCEPTING THE
WORK FOR THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE II.
RES. 01-259, p. 259, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY
LOCATED AT 410 NORTH LUCAS STREET, IOWA CITY, IOWA. RES. 01-
260, p. 260, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 1648 BURNS AVENUE, IOWA CITY,
IOWA. RES. 01-261, p. 261, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 2635 WESTWINDS
DRIVE #4, IOWA CITY, IOWA. RES. 01-262, p. 262, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE
OF LIEN REGARDING A PROMISSORY NOTE AND A SECOND
MORTGAGE FOR THE PROPERTY LOCATED AT 1351 FIRST AVENUE
Complete Description
August 21,2001
Page 3
SOUTH, IOWA CITY, IOWA. RES. 01-263, p. 263, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE
OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
2450 RUSHMORE DRIVE, IOWA CITY, IOWA.
Correspondence: 425 CAF~ postcards - smoking [all available in City
Clerk's Office]. Abbie Gould - smoking. Jeff Wilson - smoking. Linda and
Douglas Behrendt - smoking. Leslie Weber - smoking. Judy and Bill Gilliam -
smoking. Joan Foley - smoking. Matthew Clegg - smoking. Kay Seery -
smoking. Wayne Johnson - smoking. Tracy Kittrell - smoking. Tamara
Schoenbaum - smoking. Dr. Pete Wallace - smoking. John Kammermeyer -
smoking. Christopher Squier - smoking. Renee Gould - smoking. Julie
Muskovich - smoking. Robert Dostal - leaves and snow. Joyce Barrett -
Pearson's. Matthew Lage - Pearson's. Forrest Meggers - Pearson's
Carolyn Zaiser - Pearson's. Jane Meggers - Pearson's [staff response
included]. Dave Moore - parking near Library. Justine Zimmer- Englert [2].
Cory Sroufe - Iowa City Insights [staff response included]. Kristin Johnson -
shelter for gay and bisexual youth. JCCOG Traffic Engineering Planner -
installation of stop signs on Ruppert Road. Rita Sterler - smoking. John &
Carol Ries - Highland Avenue. Cindy Opitz - smoking. John Ries - Highland
Avenue. Delores Fate - smoking. Diane Schweer - smoking. John Stamler -
smoking. Joseph Hill - smoking. Joanne Madsen - smoking. Dave & Ann
McLaughlin - smoking. Valerie Chick - smoking. Gall Crowe - smoking. David
Gould - smoking. John Solow - smoking. Kim Ostler - smoking. Sarah
Swisher - Charter amendments. Letter from (9) former Mayors: Charter
amendments. Carol de Prosse - Charter amendments. Beverly Hill - smoking.
Harry and Billie Norris - smoking.
Council Member Kanner requested information regarding the Visual Artists Rights
Act mentioned in the Public Art Advisory minutes, PCD Director Franklin present for
discussion; requested an update on the status of police reports as a result of
passage of the new liquor ordinance on procedures, City Mgr. will follow up; noted
the public hearing being set on City Steps for September 11 and requested an
overview, PCD Director Franklin present for discussion; noted the agreement with
the County to allow township voters the ability to vote at City precinct polling place
and asked that a special notice be distributed to those affected clarifying they are not
eligible to vote in City elections; City Clerk will follow up with Commissioner of
Elections. Affirmative roll call vote unanimous, 7/0, all Council members present.
The Mayor declared the motion carried.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 01-264, p. 264,
ACCEPTING THE WORK FOR THE TRANSIT PARKING LOT RESURFACE
PROJECT. Individual Council Members expressed their views. A memo from
Engineering will be prepared outlining the maintenance issues. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Carol de Prosse requested a moment of silence in observance of the five year
anniversary of Eric Shaw's death. The following individuals appeared regarding the
three proposed Home Rule Charter Amendments: Tom Langenfeld, 215 Windsor
Dr.; Penny Davidsen, 9 Fairview Knoll; Jay Honohan, 2503 Friendship; Brian Davis,
1001 Oakcrest; Matt Blizek, 656 S. Lucas; Pat Jensen, League of Women Voters,
(Moved by Vanderhoef, seconded by Kanner, to accept correspondence from the
League. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.); DaLayne Williamson, 830 Ronalds St.; Caroline Dieterie, 727
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August 21,2001
Page 4
Walnut St. (Moved by Vanderhoef, seconded by Wilburn, to accept petitions too late
for inclusion in the originals submitted. The Mayor declared the motion to accept
petitions carried unanimously, 7/0, all Council Members present.); Marti Van Allen
Horan, 2407 Crestview Ave., presented an objection to the amendments (City Arty.
stated the objection would be file stamped the next business day); John Robertson,
915 Oakcrest #12. Jim Baker, 102 Rocky Shore Dr., appeared regarding the City's
franchise agreement with MidAmerican Energy. Kevin Perez, 161 Columbia Dr.,
appeared regarding signage on his sidewalk caf6 at 126 Washington St.; requested
Council extend the current regulation of serving alcoholic beverages in sidewalk
cafes beyond 10:00 p.m.; and stated unless smoking is made illegal it will hard to
enforce proposed legislation restricting in restaurants. Senior Center Commission
Chairperson Jay Honohan reviewed activities planned in observance of the Center's
20th anniversary. Jerry Feick, PO Box 2896, appeared regarding hate crimes;
building high rise apartment south of Burlington; and the Old Capitol Mall. Frank
Bowman, Linn Street Caf6, appeared opposing banning smoking in restaurants.
Moved by Wilburn, seconded by Champion, to set a public hearing for
September 11 on an ordinance amending the Zoning Code, Article O, Sign
Regulations, to permit canopy roof signs. The Mayor declared the motion carried
unanimously, 6/0, Pfab absent.
A public hearing was held on an ordinance to rezone approximately 30.11
acres of property from Rural Residential, RR-1, to Sensitive Areas Overlay - Low
Density Single Family Residential, OSA-5, located at the west end of Bristol Drive.
No one appeared.
Moved by Q'Donnell, seconded by Champion, that ORD. 01-3979, Bk. 44, p.
25, AMENDING THE ZONING CODE, SECTION 14-6E-8 CENTRAL BUSINESS
ZONE, TQ ALLOW DWELLINGS ON OR BELOW THE GROUND FLOOR OF
HISTORIC LANDMARK BUILDINGS BY SPECIAL EXCEPTION, be passed and
adopted. The Mayor declared the ordinance adopted, 6/1, with the following division
of roll call vote: Ayes: Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn, Champion.
Nays: Pfab. Absent: None.
Moved by Champion, seconded by Vanderhoef, to adopt resolution approving
the voluntary annexation agreement between the City of Iowa City and certain
property owners in Johnson County and authorizing the Mayor to sign and the City
Clerk to attest said agreement. The following individuals appeared: Robert Wolf,
3732 Hummingbird Lane; Keith Carter, 3740 Hummingbird Lane; Ann Muilenburg,
3736 Hummingbird Lane; Frank Mitros, 3710 Hummingbird Lane; Walter Foley, 3726
Hummingbird Lane; Monica Maloney Mitros, 3710 Hummingbird Lane; Greg
Muilenburg, 3736 Hummingbird Lane; and Dawn Mueller, PO Box 1654. PCD
Director Franklin present for discussion. Individual Council Members expressed their
views. The Mayor declared the resolution defeated, 3/4, with the following division of
roll call vote: Ayes: Pfab, Champion, Kanner. Nays: (2)'Donnell, Vanderhoef, Wilburn,
Lehman. Moved by O'Donnell, seconded by Vanderhoef, to accept two pieces of
correspondence from Frank Mitros. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-265, Bk.
126, p. 265, APPROVING THE ANNEXATION OF APPROXIMATELY 26.88 ACRES
OF PROPERTY LOCATED SOUTH AND EAST QF SCOTT BOULEVARD AND
ROCHESTER AVENUE,AND APPROXIMATELY 6.22 ACRES OF PROPERTY
LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF LOWER WEST
BRANCH ROAD. Individual Council Members expressed their views. Moved by Pfab,
seconded by Kanner, to defer the resolution to September 11. The Mayor declared
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August 21,2001
Page 5
the motion defeated, 2/5, with the following division of voice vote: Ayes: Kanner,
Pfab. Nays: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None.
Brandon Ross, 1822 Rochester Ave., appeared. The Mayor declared the resolution
adopted, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn,
Champion, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent: None.
Moved by Vanderhoef, seconded by Champion, that the ordinance to rezone
approximately 38.24 acres from Low Density Single Family, RS-5, County Highway
Commercial, CH, County Local Commercial, C1 and County Multi-Family, R3A to
Community Commercial, CC-2 (10.99 acres), Medium Density Single Family, RS-8
(21 acres), and Low Density Single Family, RS-5 (6.22 acres) for property located
east of Scott Boulevard and south of Rochester Avenue and Lower West Branch
Road, be given first vote. PCD Director Franklin present for discussion. The Mayor
declared the motion carried, 6/1, with the following division of roll call vote: Ayes:
Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell. Nays: Pfab. Absent:
None.
A public hearing was held on the annexation of approximately 95.2 acres of
property located north of Court Street, south of Lower West Branch Road, and east
of Hummingbird Lane / Scott Park Drive, and approximately 10 acres of property
located south of Lower West Branch Road and east of Hummingbird Lane
(Southgate Development). Glenn Siders, Southgate Development Company,
appeared.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 01-266, Bk.
126, p. 266, APPROVING THE ANNEXATION OF APPROXIMATELY 95.2 ACRES
OF PROPERTY LOCATED NORTH OF COURT STREET, SOUTH OF LOWER
WEST BRANCH ROAD, AND EAST OF HUMMINGBIRD LANE / SCOTT PARK
DRIVE AND APPROXIMATELY 10 ACRES OF PROPERTY LOCATED SOUTH OF
LOWER WEST BRANCH ROAD AND EAST OF HUMMINGBIRD LANE (Southgate
Development). The Mayor declared the resolution adopted, 5/2, with the following
division of roll call vote: Ayes: Wilburn, Champion, Lehman, O'Donnell, Vanderhoef.
Nays: Kanner, Pfab. Absent: None.
A public hearing was held on that the ordinance approving approximately
105.2 acres of property from, Suburban Residential, County RS, to Low Density
Single Family, RS-5 (45.08 acres) and Medium Density Single Family, RS-8 (60.13
acres), for property located north of Court Street, south of Lower West Branch Road,
and east of Hummingbird Lane (Southgate Development). No one appeared.
Moved by O'Donnell, seconded by Champion, that the ordinance approving
approximately 105.2 acres of property from, Suburban Residential, County RS, to
Low Density Single Family, RS-5 (45.08 acres) and Medium Density Single Family,
RS-8 (60.13 acres), for property located north of Court Street, south of Lower West
Branch Road, and east of Hummingbird Lane, (Southgate Development) be given
first vote. The Mayor declared the motion carried, 6/1, with the following division of
roll call vote: Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn.
Nays: Pfab. Absent: None.
Moved by Vanderhoef, seconded by Wilburn, to defer to September 11 an
ordinance changing the zoning designation from General Industrial (I-1) to intensive
commercial (C1-1) for approximately 12.09 acres (Ruppert) located on the south side
of Highway and to set public hearing for September 11. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Wilburn, to move up on the agenda Item
#10 and consider at this time. The Mayor declared the motion carried unanimously,
7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to
Complete Description
August21,2001
Page 6
adopt RES. 01-267, Bk. 126, p. 257, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE AVIATION COMMERCE PARK FINANCING
AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE IOWA CITY
AIRPORT COMMISSION OF IOWA CITY, IOWA. Airport Commission Chairperson
Rick Mascari present for discussion. Individual Council Members expressed their
views. Moved by Kanner, seconded by Pfab, to amend the agreement to recapture
the debt service from the North Commercial Park income. The Mayor declared the
motion to amend defeated, 1/6, with the following division of voice vote: Ayes:
Kanner. Nays: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent:
None. The Mayor declared the resolution adopted, 6/1, with the following division of
roll call vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn.
Nays: Kanner. Absent: None. The following individuals appeared: Dawn Mueller,
PO Box 1654; and Jerry Feick, PO Box 2896.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-268, Bk. 126, p.
268, APPROVING FINAL PLAT OF NORTH AIRPORT DEVELOPMENT, 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 O'Donnell, to adopt RES. 01-269, Bk.
126, p. 269, APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XVIII,
IOWA CITY, IOWA (Wellington Condominiums). 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 defer to September 11 a
resolution approving the preliminary and final plat of Saltzman Subdivision, a 2.8
acre, 3-lot commercial subdivision located east of Riverside Drive south of Benton
Street. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present. Moved by Vanderhoef, seconded by Wilburn, to accept
correspondence from Mark Danielson. The Mayor declared the motion carried, 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 Riverside Festival Stage Seating project,
establishing amount of bid security to accompany each bid, directing City Clerk to
publish advertisement for bids, and fixing time and place for receipt of bids. No one
appeared.
Moved by O'Donnell, seconded by Wilburn, to adopt RES. 01-270, Bk. 126, p.
270, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL
STAGE SEATING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Pfab, seconded by Vanderhoef, that ORD. 01-3980, Bk. 44, p. 26,
AMENDING SECTION 1-9-3B OF CODE OF ORDINANCES OF IOWA CITY,
ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY;
be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the ordinance adopted.
Moved by Vanderhoef, seconded by Pfab, that ORD. 01-3981, Bk. 44, p. 27,
AMENDING SECTION 1-5-1 OF THE CODE OF ORDINANCES OF IOWA CITY,
ESTABLISHING THE VOTING PRECINCTS THAT COMPRISE THE THREE CITY
COUNCIL DISTRICTS IN IOWA CITY, be passed and adopted. Affirmative roll call
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August 21,2001
Page 7
vote unanimous, 7/0, all Council Members present. The Mayor declared the
ordinance adopted.
Moved by Champion, seconded by O'Donnell, that ORD. 01-3982, Bk. 44, p.
28, 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, be passed and adopted. Affirmative
roll call vote unanimous, 7/0, all Council Members present. Individual Council
Members expressed their views. The Mayor declared the ordinance adopted.
Moved by Pfab, seconded by Champion, to adopt RES. 01-271, Bk. 126, p.
271, REJECTING BIDS RECEIVED ON AUGUST 20, 2001, FOR ROBERT A LEE
RECREATION HVAC INSTALLATION AND BOILER REPLACEMENT PROJECT.
Individual Council Members expressed their views. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Pfab, seconded by O'Donnell, to adopt, RES. 01-272, Bk. 126, p.
272, APPROVING THE EXTERIOR SIGNAGE AND FA(;ADE TO BUFFALO WILD
WINGS 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 Champion, seconded by Vanderhoef, to adopt RES. 01-273, Bk.
126, p. 273, AMENDING THE BUDGETED POSITIONS IN THE HOUSING
AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES
DEPARTMENT BY DELETING ONE HALF-TIME MAINTENANCE WORKER II -
PUBLIC HOUSING POSITION AND ADDING ONE-HALF TIME HOUSING
ASSISTANT POSITION AND AMENDING THE AFSCME PAY PLAN BY DELETING
THE POSITION OF MAINTENANCE WORKER II - PUBLIC HOUSING. Individual
Council Members expressed their views. The Mayor declared the resolution adopted,
6/1, with the following division of roll call vote: Ayes: Pfab, Vanderhoef, Wilburn,
Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None.
Moved by Vanderhoef, seconded by Champion, to approve an agreement
between the City of Iowa City and Public Access Television, inc. for partial funding of
a program facility at 730 S. Dubuque Street. Individual Council Members expressed
their views. Rene Paine, Director Public Access Television, appeared. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-274, Bk. 126,
p. 274, DECLARING THAT CERTAIN FUNDRAISING ACTIVITIES BY CITY OF
IOWA CITY EMPLOYEES SERVE A PUBLIC PURPOSE. The Mayor noted
discussion at the work session and asked that la of the resolution be amended to
read "All net proceeds" rather than "All proceeds". Mover and seconder agreed to
amend. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted as amended.
Aaron Winter, 922 Sixth Ave., appeared regarding the Home Rule Charter
Amendments. Jerry Feick, PO Box 2896, appeared regarding the City's Housing and
Inspection Services Department. Dawn Mueller, PO Box 1654, read a letter
requesting the City Council formally request that the Rape Victim Advocacy Program,
the Domestic Violence Intervention Program and MECCA make an evaluation of the
potential impact of the proposed Home Rule Charter Amendments on the safety of
women in the community. Moved by Champion, seconded by Vanderhoef, to accept
correspondence. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
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August21,2001
Page 6
Moved by Vanderhoef, seconded by O'Donnell to appoint Kevin Boyd, 2216
N. Dodge, to the Parks and Recreation Commission for one appointment to fill an
unexpired term ending January 1,2002, in addition to a four-year term January 1,
2002 - January 1, 2006. Individual Council Members expressed their views· Moved
by Champion, seconded by O'Donnell, to call the question· The Mayor declared the
motion to appoint Kevin Boyd carried, 6/1, with the following division of voice vote:
Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner.
Absent: None.
Council Member Kanner questioned why the discussion of regulation of
wetlands was not on the agenda, City Mgr. Atkins stated he had discussed it with the
Mayor and agreed the agenda was already full.
Council Member Pfab questioned when a public hearing would be set on
discussion of smoking in restaurants, and invite Coralville City Council to participate.
Mayor Lehman stated a letter had been faxed to Coralville extending the invitation
and no date would be set until a response had been received.
Council Member O'Donnell apologized to the Chamber of Commerce and the
Park & Recreation new appointee Kevin Boyd for remarks made that evening.
Council Member Kanner noted the memo from City Clerk Karr concerning
second and third floor restaurants and bars, and clarified he was interested in getting
occupancy levels to access whether the City needed to better enforce those levels or
possibility change them. Staff will follow up.
In response to Council Members Kanner and Pfab the City Manager stated
the Broadway crosswalk would be incorporated into the Highway 6 Trail Project.
Moved by Vanderhoef, seconded by O'Donnell to adjourn 11:30 p.m. The
Mayor declared the motion carried unanimously, 7/ I
· Lehman, Mayor
~ar~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.
OFFICIAL COUNCIL ACTIONS - 7/31/01
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $
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, Wilburn. Absent: Vanderhoef.
The Mayor proclaimed: Irving B. Weber Day - August 11, Tom Muller and Del
Brown, accepting. Representatives of the Iowa City Noon Lions Club requested an
endorsement from the City for a bronze statue of Mr. Weber to be placed
somewhere in the City. Nancy Purington, past chair of the Public Arts Committee,
appeared to support the request. Moved and seconded to accept correspondence
from Tom Muller. The Mayor declared the motion carried.
Moved and seconded that the Consent Calendar be received, or approved,
and/or adopted as amended:
Approval of Official Council Actions for special meetings of July 9, 10,
and 25, published subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Iowa City Airport Commission -
June 14. Iowa City Civil Service Commission - July 2. Iowa City Human
Rights Commission - May 22. Iowa City Human Rights Commission - June
26. Iowa City Public Library Board of Trustees - June 28. Iowa City
Telecommunications Commission - June 25. Iowa City Telecommunications
Commission- July 23. Parks and Recreation Commission- June 13.
Planning and Zoning Commission - June 21. Planning and Zoning
Commission - July 5. Rules Committee Meeting - July 6
Recommendations: Approve the changes as approved by the Animal
Care and Adoption Center Advisory Board on March 28. Approve the
changes as approved by the Police Citizens Review Board on May 8,
2001.
Motions: Consider a motion to approve disbursements in the amount of
$37,918,009.81 for the period of June 1 through June 30, 2001, as
recommended by the Finance Director subject to audit.
Permit Motions and Resolutions as recommended by the City Clerk.
New: Outdoor Service Area for Deadwood, 6 S. Dubuque St. Temporary 5-
Day Class B Beer Permit for Regina Fall Fun Festival Tent A, 2120 Rochester
Ave. (8/31/01 - 9/4/01). Temporary 5-Day Class B Beer Permit Regina Fall
Fun Festival Tent B, 2120 Rochester Ave. (8/31/01 - 9/4/01 ). Temporary 5~
Day Outdoor Service Area for Regina Fall Fun Festival Tent A, 2120
Rochester Ave. (8/31/01 - 9/4/01 ). Temporary 5-Day Outdoor Service Area
for Regina Fall Fun Festival Tent B, 2120 Rochester Ave. (8/31/01 - 9/4/01 ).
Class B Beer Permit for Duds n' Suds, 5 Sturgis Corner Drive. Renewals:
Class C Liquor License for Tuck's Place, 210 N. Linn St. Class C Liquor
License for One Twenty Six, 126 E. Washington St. Class C Liquor License
for Martini's, 127 E. College St. Outdoor Service Area for Martini's, 127 E.
College St. Class C Liquor License for Memories, 928 Maiden Lane. RES. 01-
214, TO ISSUE DANCING PERMIT to Memories, 928 Maiden Lane. RES.
01-215, TO ISSUE CIGARETTE PERMIT to Tobacco Republic, 114 1/2 E.
College St. (New)
Setting Public Hearings: RES. 01-216, RESOLUTION SETTING A
PUBLIC HEARING for August 21 ON PLANS, SPECIFICATIONS, FORM OF
Official Actions
July 31,2001
Page 2
CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
THE RIVERSIDE FESTIVAL STAGE SEATING 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. 01-217, ACCEPTING PAYMENT OF $300.00 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE MILL, 120
East Burlington Street, pursuant to Iowa Code section 453A.22(2) (2001).
RES. 01-218, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM CITY PLAZA HOTEL
CHAUNCEY'S N/K/A MORGAN'S, 210 South Dubuque Street, pursuant to
Iowa Code section 453A.22(2) (2001). RES. 01-219, ACCEPTING PAYMENT
OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING from
Suburban Amoco - Keokuk Street, 1905 South Keokuk Street, pursuant to
Iowa Code section 453A.22(2) (2001). RES. 01-220, ACCEPTING PAYMENT
OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
DEADWOOD TAVERN, 6 Dubuque Street, pursuant to Iowa Code section
453A.22(2) (2001). RES. 01-221, ACCEPTING PAYMENT OF $300.00 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM HANDIMART,
2545 North Dodge Street, pursuant to Iowa Code section 453A.22(2) (2001).
RES. 01-222, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM MALONE'S, 121 Iowa Avenue,
pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-223,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 814 EAST JEFFERSON STREET, IOWA CITY,
IOWA. RES. 01-224, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 730 EAST COLLEGE
STREET, IOWA CITY, IOWA. RES. 01-225, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND
TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT
1830 HIGH STREET, IOWA CITY, IOWA. RES. 01-226, ACCEPTING THE
WORK FOR THE 2000 PAVEMENT MARKINGS PROJECT. RES. 01-227,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER,
WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PHASE I OF
WINDSOR RIDGE - PART FIFTEEN, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Correspondence: Amy Fletcher - smoking. Miles Weinberger -
smoking. Katharine Nicholson - smoking. Vivien and Ron Strauss - smoking.
Lisa Bradley -smoking. Kathy Funk - smoking. John Yutzy - smoking. David
and Renee Gould - smoking. Karla Wysocki - smoking. Cheryl Carrington -
smoking. Anne Gasperetti - smoking. Roberta Till-Retz - smoking. Suzette
Weaver - smoking. Filippo and Colleen Menczer - smoking. Carl and Diana
Jens - smoking. Fran Mohr - smoking. Trista Treglowne & Dan Schraith -
smoking. Lois and Eugene Coon - smoking. Colleen Carey Menczer -
smoking. E. Elaine Jennings - smoking. Paula Rediger - smoking. J. Ashley
Calkins - smoking. Wanda Boeke - smoking. Betty Wood - smoking. Daryl
Sawin - smoking. Patricia Ceponis - smoking. Elizabeth Knight - smoking
Official Actions
July 31,2001
Page 3
Barbara Elias - smoking. Rita Krause - smoking. Kimberly Lanaghan -
smoking. Jill Fishbaugh - smoking. Judy Welch - smoking. Dawn Chervek -
smoking. Sheila Baldwin - smoking. Julie Bobitt - smoking. Dana Willjams -
smoking. Carole Brechmille - smoking. Marian and John Maxwell - smoking.
Leora Hein - smoking. Jeanne Bock - smoking. Diane Siglin - smoking.
Barbara Wiemer - sidewalk along First Avenue. Anthony Chavez - sidewalk
along Langenberg Avenue Larry and Joyce Shatek - alcohol. Catherine
Johnson - rail. Joe Chifari - downtown. Dave Dowell - City investment. Mike
Lehman (JC Board of Supervisors) - parking along Capitol Street. Rebecca
Soglin - wetlands expert. Alexandria Schaeffel - Highland Avenue traffic
calming. Eldon and Larry Prybil - plat [received after Council consideration].
Carol Peters - appreciation. Wayne Petersen - The Bicentennial Farm
Project. Rick Dvorak (Johnson County) - meeting. Rhys Jones - Lexington
barrier (Staff response included). Julie Kearney - smoking. Lesley and John
Menninger - smoking.
The Mayor declared the motion carried.
Alexandria Schaeffel, 1321 Marcy St., requested Council consideration of
traffic concerns on Highland Avenue, majority of Council requested the matter be
scheduled for an upcoming work session. Caroline Dieterie, 727 Walnut St.,
appeared regarding the memo from the City Attorney concerning proposed Charter
amendments. Charles Major, 7 Blue Stem Ct., requested Council direct the City
Attorney to draft a smoking workplace ordinance for public discussion. Brandon
Ross, 1822 Rochester Ave., appeared regarding Tower Place parking facility.
Moved and seconded to set a public hearing for August 21 on an ordinance to
rezone approximately 30.11 acres of property from Rural Residential, RR-1, to
Sensitive Areas Overlay - Low Density Single Family Residential, OSA-5, located at
the west end of Bristol Drive. The Mayor declared the motion carried.
A public hearing was held 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.
Moved and seconded that the 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, be given first vote. Moved and
seconded to amend the ordinance as follows: "D. Special Exceptions: 3. Dwellings
located on or below the ground floor of a building or buildings located on property
designated as an Iowa City Historic Landmark, provided the following standards are
met: a, A rehabilitation plan must be submitted to and approved by the Historic
Preservation Commission. The rehabilitation of the property must be completed
before an occupancy permit is granted. b. The proposed use will not significantly
alter the overall commercial character of the Central Business Zone (CB-10). c. The
applicant must demonstrate to the satisfaction of the Board of Adjustment that
conditions on the site limit the ability of the sit to accommodate a commercial use on
the ground floor. d. If an existing building on a landmark property includes at least
three out of four of the following commercial storefront characteristics, dwellings are
not permitted on the ground floor of that building: 1 ). The main entrance to the
building is at or near grade; 2). The front fa~;ade of the building is located within 10
feet of the front property line; 3). The front fa~;ade of the building contains ground
floor display windows; and 4). The building was historically used for commercial
purposes. G. Special Provisions: 3. Because continued use and occupancy of
historic structures contribute to maintenance of the City's historic, aesthetic and
cultural heritage the Board of Adjustment may, to the extent it finds necessary under
Official Actions
July 31, 2001
Page 4
the circumstances, grant a special exception to modify dimensional and/or off-street
parking and loading requirements that would limit or prevent use, re-use, or
occupancy of a property designated as an Iowa City Historic Landmark, provided that
a rehabilitation plan for the property is submitted to and approved by the Historic
Preservation Commission and the general special exception standards contained in
section 14-6W-2B of the City Code are met. The rehabilitation of the property must
be completed before an occupancy permit is granted." The Mayor declared the
motion to amend carried. The Mayor declared the motion carried as amended.
A public hearing was held on a resolution approving the annexation of
approximately 26.88 acres of property located south and east of Scott Boulevard and
Rochester Avenue, and 6.22 acres of property located east of Scott Boulevard and
south of Lower West Branch Road. The following individuals appeared: Atty. Kirsten
Frey, Plum Grove Acres; Atty. Robert Downer, Iowa City Rehabilitation and Health
Care Center.
A public hearing was held on an ordinance to rezone approximately 38.24
acres from Low Density Single Family, RS-5, County Highway Commercial, CH,
County Local Commercial, C1 and County Multi-Family, R3A to Community
Commercial, CC-2 (10.99 acres), Medium Density Single Family, RS-8 (21 acres),
and Low Density Single Family, RS-5 (6.22 acres) for property located east of Scott
Boulevard and south of Rochester Avenue and Lower West Branch Road (Plum
Grove Acres). The following individuals appeared: Atty. Kirsten Frey, Plum Grove
Acres; Atty. Robert Downer, Iowa City Rehabilitation and Health Care Center
(comments noted from previous item); Bob Wolf, 3732 Hummingbird Lane.
A public hearing was held on a resolution approving the annexation of
approximately 95.2 acres of property located north of Court Street, south of Lower
West Branch Road, and east of Hummingbird Lane / Scott Park Drive, and
approximately 10 acres of property located south of Lower West Branch Road and
east of Hummingbird Lane. The following individuals appeared: Glenn Siders,
Southgate Development; Greg Muilenburg, 3736 Hummingbird Lane; Brandon Ross,
1822 Rochester Ave.; Walter Foley, Hummingbird Lane; Peter Fisher, Hummingbird
Lane; Ann Muilenburg, 3736 Hummingbird Lane; and Monica Maloney Mitros, 3710
Hummingbird Lane. Moved and seconded to continue public hearing to August 21.
The Mayor declared the motion carried.
A public hearing on an ordinance to rezone approximately 105.2 acres of
property from, Suburban Residential, County RS, to Low Density Single Family, RS-5
(45.08 acres) and Medium Density Single Family, RS-8 (60.13 acres), for property
located north of Court Street, south of Lower West Branch Road, and east of
Hummingbird Lane. Moved and seconded to continue public hearing to August 21.
The Mayor declared the motion carried.
Moved and seconded that ORD. 01-3978, CHANGING THE ZONING CODE
BY CONDITIONALLY AMENDING THE PLANNED DEVELOPMENT HOUSING
OVERLAY, OPDH-8, PLAN FOR LOT 236, WASHINGTON PARK ADDITION PART
11, (ARBOR HILL) AN 8.2 ACRE 17-UNIT RESIDENTIAL DEVELOPMENT,
LOCATED NORTH OF WASHINGTON STREET ON ARBOR HILL CIRCLE, be
passed and adopted. The Mayor declared the ordinance adopted.
Moved and seconded to defer to August 21 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. Chuck
Meardon, representing the Ruppert family, appeared. The Mayor declared the motion
carried.
Official Actions
July 31,2001
Page 5
Moved and seconded to adopt RES. 01-228A, APPROVING FINAL PLAT OF
WALNUT RIDGE PARTS 9 AND 10, IOWA CITY, IOWA.
Moved and seconded to defer to August 21 a resolution approving the final
plat of north airpod development, a 57.13 acre, 17-1ot commercial subdivision with
two outlots located west of Riverside Drive and south of Highway 1. The Mayor
declared the motion carried.
Moved and seconded to adopt RES. 01-228B, APPROVING FINAL PLAT OF
STONE BRIDGE ESTATES, PART ONE, IOWA CITY, IOWA.
Moved and seconded to adopt RES. 01-229, ACCEPTING PAYMENT OF
$300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLLEGE
STREET NEWS D/B/A COLLEGE STREET OASIS.
A hearing was conducted on assessing a $300.00 civil penalty against
Gabe's, 330 East Washington Street, pursuant to Iowa Code section 453a.22(2).
Asst. Johnson County Atty. Andy Chappell presented information. Moved and to
accept correspondence from Bob Willed; and certified copy of employee's guilty plea
or conviction. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 01-230, ASSESSING $300.00 CIVIL
PENALTY AGAINST GABE'S, 330 East Washington Street, pursuant to Iowa Code
section 453A.22(2).
A hearing was conducted on assessing a $300.00 civil penalty against Plamor
Bowling Inc., 1555 1 st Avenue, pursuant to Iowa Code section 453a.22(2). Asst.
Johnson County Atty. Andy Chappell presented information. Moved and seconded to
accept certified copy of employee's guilty plea or conviction. The Mayor declared the
motion carried.
Moved and seconded to adopt RES. 01-231, ASSESSING A $300.00 CIVIL
PENALTY AGAINST PLAMOR BOWLING INC., 1555 1ST Avenue, pursuant to Iowa
Code section 453A.22(2).
A hearing was conducted on assessing a $300.00 civil penalty against Wal-
mad (Store No. 1721 ), pursuant to Iowa Code section 453A.22(2). Asst. Johnson
County Atty. Andy Chappell presented information. Moved and seconded to accept a
certified copy of employee's guilty plea or conviction. The Mayor declared the motion
carried.
Moved and seconded to adopt RES. 01-232, ASSESSING A $300.00 CIVIL
PENALTY AGAINST WAL-MART (STORE NO. 1721 ), pursuant to Iowa Code
section 453A.22(2).
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the City of Iowa City Robed A. Lee Recreation
Center HVAC installation and boiler replacement 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. Brandon Ross, 1822 Rochester
Ave., appeared.
Moved and seconded to adopt RES. 01-233, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
CONSTRUCTION OF THE CITY OF IOWA CITY ROBERT A. LEE RECREATION
CENTER HVAC INSTALLATION AND BOILER REPLACEMENT PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on conveyance of an undeveloped podion of WooIf
Avenue from Mclean Street south for a distance of 240 feet to Craig Syrop, Anne
Sadler, M. Alice Sahs, and Marita McGurk Eicher.
Official Actions
July 31,2001
Page 6
Moved and seconded to adopt RES. 01-234, AUTHORIZING CONVEYANCE
OF AN UNDEVELOPED PORTION OF WOOLF AVENUE FROM MCLEAN STREET
SOUTH FOR A DISTANCE OF 240 FEET TO CRAIG SYROP, ANNE SADLER, M.
ALICE SAHS, AND MARITA MCGURK EICHER.
A public hearing was held on conveyance of a single family home located at
1605 Dickenson Lane.
Moved and seconded to adopt RES. 01-235, AUTHORIZING CONVEYANCE
OF A SINGLE FAMILY HOME LOCATED AT 1605 DICKENSON LANE.
Moved and seconded to move up agenda items 17, 16, 19, 20, 21,22, 23, 24,
25, 26, 27 at this time. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 01-236, APPROVING A TEN-YEAR
DECLINING PERCENTAGE TAX INCREMENT FINANCING PROPERTY TAX
REBATE TO ASSIST SEABURY & SMITH WITH A NEW FACILITY IN IOWA CITY.
Scott Fisher, Managing Director of Seabury & Smith, present for discussion.
Moved and seconded to adopt RES. 01-237, APPROVING A FIVE-YEAR
ONE HUNDRED PERCENT TAX INCREMENT FINANCING PROPERTY TAX
REBATE TO ASSIST OWENS-BROCKWAY PLASTIC PRODUCTS, INC. WITH A
NEW MANUFACTURING FACILITY IN IOWA CITY. The following individuals
appeared: Brandon Ross, 1822 Rochester Ave.; Mark Bradley, Area Manufacturing
Manager for Owens-Brockway; and Joe Raso, President Iowa City Area
Development (ICAD).
Moved and seconded to adopt RES. 01-238, ESTABLISHING A COUNCIL
ECONOMIC DEVELOPMENT FUND.
Moved and seconded to adopt RES. 01-239, ESTABLISHING A COUNCIL
ECONOMIC DEVELOPMENT CAPITAL FUND.
Moved and seconded to adopt RES. 01-240, ESTABLISHING A
COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT
FUND.
Moved and seconded to adopt RES. 01-241, AWARDING CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT
FOR THE CONSTRUCTION OF THE IOWA CITY SKATE PARK.
Moved and seconded to adopt RES. 01-242, AWARDING CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT
FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS.
Moved and seconded to adopt RES. 01-243, AWARDING CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT
FOR THE CONSTRUCTION OF THE HUNTERS RUN PARK.
Moved and seconded to adopt RES. 01-244, NAMING THE MINIPARK ON
BENTON STREET "NED ASHTON PARK."
Moved and seconded to adopt RES. 01-245, ESTABLISHING A REVISED
SCHEDULE OF RATES AND CHARGES FOR INTERMENTS, LOT SALES AND
OTHER SERVICES IN OAKLAND CEMETERY.
Moved and seconded to adopt RES. 01-246, ADOPTING REGULATIONS
FOR OAKLAND CEMETERY REGARDING THE RIGHTS OF LOT OWNERS,
MAINTENANCE PRACTICES AND RULES FOR VISITORS. (Council returned to item #12 on agenda.)
A public hearing was held on ordinances amending Section 1-9-3b of Code of
Ordinances of Iowa City, establishing the boundaries of the voting precincts in Iowa
City; and amending Section 1-5-1 of the Code of Ordinances of Iowa City,
establishing the voting precincts that comprise the three City Council districts.
Official Actions
July 31,2001
Page 7
Moved and seconded that ordinance amending Section 1-9-3B of Code of
Ordinances of Iowa City, establishing the boundaries of the voting precincts in Iowa
City, be given first vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance amending Section 1-5-1 of the Code
of Ordinances of Iowa City, establishing the voting precincts that comprise the three
City Council districts, be given first vote. The Mayor declared motion carried.
Moved and seconded that the 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, be given second vote. The Mayor declared motion carried.
Moved and seconded to defer to August 21 a resolution authorizing the Mayor
to sign and the City Clerk to attest the Aviation Commerce Park financing agreement
between the City of Iowa City, Iowa and the Iowa City Airport Commission of Iowa
City, Iowa. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 01-247, APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE NATIONAL SCULPTORS' GUILD
WITH AND THROUGH ITS ARTIST FOR THE LIBRARY PAD OF THE
DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE SAME.
Moved and seconded to adopt RES. 01-248, APPROVING THE CALLS TO
ARTIST FOR THE ART PROJECTS IN THE NEAR SOUTHSIDE
TRANSPORTATION CENTER.
Moved and seconded to adopt RES. 01-249, RESCINDING RESOLUTION
97-21 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR
THE USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES.
Moved and seconded to adopt RES. 01-250, APPROVING BY-LAWS OF
THE ANIMAL CARE AND ADOPTION CENTER ADVISORY BOARD.
Moved and seconded to adopt RES. 01-251, AMENDING THE BY-LAWS OF
THE POLICE CITIZENS REVIEW BOARD TO ESTABLISH TERM OF MEMBERS
TO EXPIRE SEPTEMBER 1.
Moved and seconded to adopt RES. 01-252, ESTABLISHING PILOT
PROGRAM FEE FOR CITY PLAZA NEWSPAPER KIOSKS. Council Member
Kanner stated he would be abstaining due to a conflict of interest, and left the room.
Kanner returned to the meeting.
Moved and seconded to make the following appointments to Boards and
Commissions: Housing and Community Development - Lori Bears, 402 S. Gilbert
#711, April Gutting, 1316 Dover Street, John Deeth, 615 S. Governor, for three
appointments to fill three-year terms September 1, 2001 - September 1, 2004;
Human Rights Commission - Sue Joslyn, 1925 Flanigan Court, to fill an unexpired
term ending January 1, 2003; Police Citizens Review Board - Patrick Win. Hoeft,
1614 Langenberg Avenue, Bev Smith 703 ¼ George Street, to two appointments to
fill four-year terms September 1, 2001 - September 1, 2005. The Mayor declared the
motion carried.
The Mayor noted the previously-announced 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.
Moved and seconded to adjourn 11:10 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.
Official Actions
July 31, 2001
Page 8
s/Ernest W. Lehman, Mayor
s/Marian K. Karr, City Clerk
Submitted for publication - 8/9/01
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office, 356-5040.
COMPLETE DESCRIPTION QF COUNCIL ACTIVITIES
JULY 31,2001
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, Wilburn. Absent: Vanderhoef. Staff members present: Atkins,
Helling, Dilkes, Karr, Franklin, Matthews, Moran, Schoon, Trueblood, Grosvenor.
Council minutes tape recorded on Tape 01-71, Sides 2; Tapes 01-74 and 01-75,
Both Sides.
The Mayor proclaimed: Irving B. Weber Day - August 11, Tom Muller and Del
Brown, accepting. Representatives of the Iowa City Noon Lions Club requested an
endorsement from the City for a bronze statue of Mr. Weber to be placed
somewhere in the City. Nancy Purington, past chair of the Public Arts Committee,
appeared to support the request. Moved by O'Donnell, seconded by Champion, to
accept correspondence from Tom Muller. The Mayor declared the motion carried
unanimously, 6/0, Vanderhoef absent.
Moved by Champion, seconded by O'Donnell, that the Consent Calendar be
received, or approved, and/or adopted as amended:
Approval of Official Council Actions for special meetings of July 9, 10,
and 25, published subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions: Iowa City Airport Commission -
June 14. Iowa City Civil Service Commission - July 2. Iowa City Human
Rights Commission - May 22. Iowa City Human Rights Commission - June
26. Iowa City Public Library Board of Trustees - June 28. Iowa City
Telecommunications Commission - June 25. Iowa City Telecommunications
Commission - July 23. Parks and Recreation Commission - June 13.
Planning and Zoning Commission - June 21. Planning and Zoning
Commission - July 5. Rules Committee Meeting - July 6
Recommendations: Approve the changes as approved by the Animal
Care and Adoption Center Advisory Board on March 28. Approve the
changes as approved by the Police Citizens Review Board on May 8,
2001.
Motions: Consider a motion to approve disbursements in the amount of
$37,918,009.81 for the period of June 1 through June 30, 2001, as
recommended by the Finance Director subject to audit.
Permit Motions and Resolutions as recommended by the City Clerk.
New: Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S.
Dubuque St. Temporary 5-Day Class B Beer Permit for Regina Fall Fun
Festival, Inc., dba Regina Fall Fun Festival Tent A, 2120 Rochester Ave.
(8/31/01 - 9/4/01 ). Temporary 5-Day Class B Beer Permit for Regina Fall Fun
Festival, Inc., dba Regina Fall Fun Festival Tent B, 2120 Rochester Ave.
(8/31/01 - 9/4/01 ). Temporary 5-Day Outdoor Service Area for Regina Fall
Fun Festival, Inc., dba Regina Fall Fun Festival Tent A, 2120 Rochester Ave.
(8/31/01 - 9/4/01 ). Temporary 5-Day Outdoor Service Area for Regina Fall
Fun Festival, Inc., dba Regina Fall Fun Festival Tent B, 2120 Rochester Ave.
(8/31/01 - 9/4/01 ). Class B Beer Permit for CM Management Services, LLC,
dba Duds n' Suds, 5 Sturgis Corner Drive. Renewals: Class C Liquor License
for James J. Tucker dba Tuck's Place, 210 N. Linn St. Class C Liquor License
for KLDP, Inc., dba One Twenty Six, 126 E. Washington St. Class C Liquor
License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College
St. Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's,
Complete Description
July 31,2001
Page 2
127 E. College St. Class C Liquor License for New Walt's , Ltd., dba
Memories, 928 Maiden Lane. RES. 01-214, Bk. 126, p. 214, TO ISSUE
DANCING PERMIT to New Walt's, Ltd., dba Memories, 928 Maiden Lane.
RES. 01-215, Bk. 126, p. 215, TO ISSUE CIGARETTE PERMIT to Justin
Jones and Ronald Portier dba Tobacco Republic, 114 1/2 E. College St.
(New)
Setting Public Hearings, Bk. 126: RES. 01-216, p. 216, RESOLUTION
SETTING A PUBLIC HEARING for August 21 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING
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. 126: RES. 01-217, p. 217, ACCEPTING PAYMENT
OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
THE MILL, 120 East Burlington Street, pursuant to Iowa Code section
453A.22(2) (2001). RES. 01-218, p. 218, ACCEPTING PAYMENT
OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
CITY PLAZA HOTEL CHAUNCEY'S N/K/A MORGAN'S, 210 South Dubuque
Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-219, p.
219, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF
RIGHT TO HEARING from Suburban Amoco - Keokuk Street, 1905 South
Keokuk Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-
220, p. 220, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM DEADWOOD TAVERN, 6
Dubuque Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-
221, p. 221, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM HANDIMART, 2545 North Dodge
Street, pursuant to Iowa Code section 453A.22(2) (2001). RES. 01-222, p.
222, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF
RIGHT TO HEARING FROM MALONE'S, 121 Iowa Avenue, pursuant to Iowa
Code section 453A.22(2) (2001). RES. 01-223, p. 223, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE
OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
814 EAST JEFFERSON STREET, IOWA CITY, IOWA. RES. 01-224, p. 224,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 730 EAST COLLEGE STREET, IOWA CITY,
IOWA. RES. 01-225, p. 225, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST
COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1830 HIGH
STREET, IOWA CITY, IOWA. RES. 01-226, p. 226, ACCEPTING THE
WORK FOR THE 2000 PAVEMENT MARKINGS PROJECT. RES. 01-227, p.
227, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
PHASE I OF WINDSOR RIDGE - PART FIFTEEN, AND DECLARING
PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Correspondence: Amy Fletcher - smoking. Miles Weinberger -
smoking. Katharine Nicholson - smoking. Vivien and Ron Strauss - smoking.
Lisa Bradley -smoking. Kathy Funk - smoking. John Yutzy - smoking. David
Complete Description
July 31,2001
Page 3
and Renee Gould - smoking. Karla Wysocki - smoking. Cheryl Carrington -
smoking. Anne Gasperetti - smoking. Roberta Till-Retz - smoking. Suzette
Weaver - smoking. Filippo and Colleen Menczer - smoking. Carl and Diana
Jens - smoking. Fran Mohr - smoking. Trista Treglowne & Dan Schraith -
smoking. Lois and Eugene Coon - smoking. Colleen Carey Menczer -
smoking. E. Elaine Jennings - smoking. Paula Rediger - smoking. J. Ashley
Calkins - smoking. Wanda Boeke - smoking. Betty Wood - smoking. Daryl
Sawin - smoking. Patricia Ceponis - smoking. Elizabeth Knight - smoking
Barbara Elias - smoking. Rita Krause - smoking. Kimberly Lanaghan -
smoking. Jill Fishbaugh - smoking. Judy Welch - smoking. Dawn Chervek -
smoking. Sheila Baldwin - smoking. Julie Bobitt - smoking. Dana Williams -
smoking. Carole Brechmille - smoking. Marian and John Maxwell - smoking.
Leora Hein - smoking. Jeanne Bock - smoking. Diane Siglin - smoking.
Barbara Wiemer - sidewalk along First Avenue. Anthony Chavez - sidewalk
along Langenberg Avenue Larry and Joyce Shatek - alcohol. Catherine
Johnson - rail. Joe Chifari - downtown. Dave Dowell - City investment. Mike
Lehman (JC Board of Supervisors) - parking along Capitol Street. Rebecca
Soglin - wetlands expert. Alexandria Schaeffel - Highland Avenue traffic
calming. Eldon and Larry Prybil - plat [received after Council consideration].
Carol Peters - appreciation. Wayne Petersen - The Bicentennial Farm
Project. Rick Dvorak (Johnson County) - meeting. Rhys Jones - Lexington
barrier (Staff response included). Julie Kearney - smoking. Lesley and John
Menninger - smoking.
Council Member Kanner noted the number of police visits and charges filed for
possession under legal age for establishments requesting approval of liquor licenses;
and questioned City representation at the fringe area agreement meeting on August
7 at the County. The Mayor stated Council Member Q'Donnell, City Manager Atkins
and/or PCD Director Franklin, and himself would be attending. Affirmative roll call
vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried.
Alexandria Schaeffel, 1321 Marcy St., requested Council consideration of
traffic concerns on Highland Avenue, majority of Council requested the matter be
scheduled for an upcoming work session. Caroline Dieterie, 727 Walnut St.,
appeared regarding the memo from the City Attorney concerning proposed Charter
amendments. Charles Major, 7 Blue Stem Ct., requested Council direct the City
Attorney to draft a smoking workplace ordinance for public discussion, Council stated
the City Arty. has been requested to forward the draft ordinance prepared by CAF~
and her April memo listing questions that need to be addressed for Council's August
20 work session. Brandon Ross, 1822 Rochester Ave., appeared regarding Tower
Place parking facility.
Moved by Champion, seconded by Wilburn, to set a public hearing for August
21 on an ordinance to rezone approximately 30.11 acres of property from Rural
Residential, RR-1, to Sensitive Areas Overlay - Low Density Single Family
Residential, OSA-5, located at the west end of Bristol Drive. The Mayor declared the
motion carried unanimously, 6/0, Vanderhoef absent.
A public hearing was held 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. No one appeared.
Moved by Champion, seconded by Wilburn, that the 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, be given first
vote. Moved by O'Donnell, seconded by Wilburn, to amend the ordinance as follows:
Complete Description
July 31,2001
Page 4
"D. Special Exceptions: 3. Dwellings located on or below the ground floor of a
building or buildings located on property designated as an Iowa City Historic
Landmark, provided the following standards are met: a. A rehabilitation plan must
be submitted to and approved by the Historic Preservation Commission. The
rehabilitation of the property must be completed before an occupancy permit is
granted. b. The proposed use will not significantly alter the overall commercial
character of the Central Business Zone (CB-10). c. The applicant must demonstrate
to the satisfaction of the Board of Adjustment that conditions on the site limit the
ability of the sit to accommodate a commercial use on the ground floor. d. If an
existing building on a landmark property includes at least three out of four of the
following commercial storefront characteristics, dwellings are not permitted on the
ground floor of that building: 1). The main entrance to the building is at or near
grade; 2). The front facade of the building is located within 10 feet of the front
property line; 3). The front fa(~ade of the building contains ground floor display
windows; and 4). The building was historically used for commercial purposes. G.
Special Provisions: 3. Because continued use and occupancy of historic structures
contribute to maintenance of the City's historic, aesthetic and cultural heritage the
Board of Adjustment may, to the extent it finds necessary under the circumstances,
grant a special exception to modify dimensional and/or off-street parking and loading
requirements that would limit or prevent use, re-use, or occupancy of a property
designated as an Iowa City Historic Landmark, provided that a rehabilitation plan for
the property is submitted to and approved by the Historic Preservation Commission
and the general special exception standards contained in section 14-6W-2B of the
City Code are met. The rehabilitation of the property must be completed before an
occupancy permit is granted." The Mayor declared the motion to amend carried, 5/1,
with the following division of voice vote: Ayes: Kanner, Lehman, O'Donnell, Wilburn,
Champion. Nays: Pfab. Absent: Vanderhoef. The Mayor declared the motion carried
as amended, 5/1, with the following division of roll call vote: Ayes: Kanner, Lehman,
O'Donnell, Wilburn, Champion. Nays: Pfab. Absent: Vanderhoef.
A public hearing was held on a resolution approving the annexation of
approximately 26.88 acres of property located south and east of Scott Boulevard and
Rochester Avenue, and 6.22 acres of property located east of Scott Boulevard and
south of Lower West Branch Road (Plum Grove Acres). The following individuals
appeared: Atty. Kirsten Frey, Plum Grove Acres; Atty. Robert Downer, Iowa City
Rehabilitation and Health Care Center.
A public hearing was held on an ordinance to rezone approximately 38.24
acres from Low Density Single Family, RS-5, County Highway Commercial, CH,
County Local Commercial, C1 and County Multi-Family, R3A to Community
Commercial, CC-2 (10.99 acres), Medium Density Single Family, RS-8 (21 acres),
and Low Density Single Family, RS-5 (6.22 acres) for property located east of Scott
Boulevard and south of Rochester Avenue and Lower West Branch Road (Plum
Grove Acres). The following individuals appeared: Atty. Kirsten Frey, Plum Grove
Acres; Atty. Robert Downer, Iowa City Rehabilitation and Health Care Center
(comments noted from previous item); Bob Wolf, 3732 Hummingbird Lane. PCD
Director Franklin present for discussion.
A public hearing was held on a resolution approving the annexation of
approximately 95.2 acres of property located north of Court Street, south of Lower
West Branch Road, and east of Hummingbird Lane / Scott Park Drive, and
approximately 10 acres of property located south of Lower West Branch Road and
east of Hummingbird Lane (Southgate Development). The following individuals
appeared: Glenn Siders, Southgate Development; Greg Muilenburg, 3736
Complete Description
July 31,2001
Page 5
Hummingbird Lane; Brandon Ross, 1822 Rochester Ave.; Walter Foley,
Hummingbird Lane; Peter Fisher, Hummingbird Lane; Ann Muilenburg, 3736
Hummingbird Lane; and Monica Maloney Mitros, 3710 Hummingbird Lane. PCD
Director Franklin present for discussion. Moved by O'Donnell, seconded by Pfab, to
continue public hearing to August 21. The Mayor declared the motion carried, 6/0,
Vanderhoef absent.
A public hearing on an ordinance to rezone approximately 105.2 acres of
property from, Suburban Residential, County RS, to Low Density Single Family, RS-5
(45.08 acres) and Medium Density Single Family, RS-8 (60.13 acres), for property
located north of Court Street, south of Lower West Branch Road, and east of
Hummingbird Lane (Southgate Development). Moved by O'Donnell, seconded by
Pfab, to continue public hearing to August 21. The Mayor declared the motion
carried, 6/0, Vanderhoef absent.
Council recessed 9:05-9:15 p.m.
Moved by O'Donnell, seconded by Champion, that ORD. 01-3978, Bk. 44, p.
24, CHANGING THE ZONING CODE BY CONDITIONALLY AMENDING THE
PLANNED DEVELOPMENT HOUSING OVERLAY, OPDH-8, PLAN FOR LOT 236,
WASHINGTON PARK ADDITION PART 11, (ARBOR HILL) AN 8.2 ACRE 17-UNIT
RESIDENTIAL DEVELOPMENT, LOCATED NORTH OF WASHINGTON STREET
ON ARBOR HILL CIRCLE, be passed and adopted. Affirmative roll call vote
unanimous, 6/0, Vanderhoef absent. The Mayor declared the ordinance adopted.
Moved by Wilburn, seconded by Pfab, to defer to August 21 an ordinance
changing the zoning designation from General Industrial (I-1) to Intensive
Commercial (C1-1)for approximately 12.09 acres (Ruppert)located on the south side
of Highway 1. Atty. Chuck Meardon, representing the Ruppert family, appeared. PCD
Director Franklin present for discussion. The Mayor declared the motion carried
unanimously, 6/0, Vanderhoef absent.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-228A, Bk.
126, p. 126, APPROVING FINAL PLAT OF WALNUT RIDGE PARTS 9 AND 10,
IOWA CITY, IOWA. The Mayor declared the resolution adopted, 5/1, with the
following division of roll call vote: Ayes: O'Donnell, Wilburn, Champion, Kanner,
Lehman. Nays: Pfab. Absent: Vanderhoef.
Moved by Pfab, seconded by Wilburn, to defer to August 21 a resolution
approving the final plat of north airport development, a 57.13 acre, 17-lot commercial
subdivision with two outlots located west of Riverside Drive and south of Highway 1.
The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent.
Moved by Champion, seconded by Pfab, to adopt RES. 01-228B, Bk. 126, p.
228B, APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PART ONE,
IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent.
The Mayor declared the resolution adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 01-229, Bk. 126, p.
229, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF
RIGHT TO HEARING FROM COLLEGE STREET NEWS D/B/A COLLEGE STREET
OASIS. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor
declared the resolution adopted.
A hearing was conducted on assessing a $300.00 civil penalty against
Gabe's, 330 East Washington Street, pursuant to Iowa Code section 453a.22(2).
Asst. Johnson County Atty. Andy Chappell presented information. Moved by Kanner,
seconded by Wilburn, to accept correspondence from Bob Willert; and certified copy
of employee's guilty plea or conviction. The Mayor declared the motion carried
unanimously, 6/0, Vanderhoef absent.
Complete Description
July 31,2001
Page 6
Moved by Champion, seconded by Pfab, to adopt RES. 01-230, Bk. 126, p.
230, ASSESSING $300.00 CIVIL PENALTY AGAINST GABE'S, 330 East
Washington Street, pursuant to Iowa Code section 453A.22(2). Affirmative roll call
vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution
adopted.
A hearing was conducted on assessing a $300.00 civil penalty against Plamor
t
Bowling Inc., 1555 1s Avenue, pursuant to Iowa Code section 453a.22(2). Asst.
Johnson County Atty. Andy Chappell presented information. Moved by Champion,
seconded by O'Donnell, to accept certified copy of employee's guilty plea or
conviction. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef
absent.
Moved by O'Donnell, seconded by Pfab, to adopt RES. 01-231, Bk. 126, p.
231, ASSESSING A $300.00 CIVIL PENALTY AGAINST PLAMOR BOWLING INC.,
1555 1sT Avenue, pursuant to Iowa Code section 453A.22(2). Affirmative roll call
vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution
adopted.
A hearing was conducted on assessing a $300.00 civil penalty against Wal-
mart (Store No. 1721 ), pursuant to Iowa Code section 453A.22(2). Asst. Johnson
County Atty. Andy Chappell presented information. Moved by O'Donnell, seconded
by Champion, to accept a certified copy of employee's guilty plea or conviction. The
Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent.
Moved by Wilburn, seconded by Pfab, to adopt RES. 01-232, Bk. 126, p. 126,
ASSESSING A $300.00 CIVIL PENALTY AGAINST WAL-MART (STORE NO.
1721 ), pursuant to Iowa Code section 453A.22(2). Affirmative roll call vote
unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the City of Iowa City Robert A. Lee Recreation
Center HVAC installation and boiler replacement 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. Brandon Ross, 1822 Rochester
Ave., appeared. Parks & Recreation Director Trueblood present for discussion.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 01-233, Bk. 126, p.
233, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE CITY OF IOWA CITY
ROBERT A. LEE RECREATION CENTER HVAC INSTALLATION AND BOILER
REPLACEMENT PROJECT, ESTABLISHING AMOUNT QF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor
declared the resolution adopted.
A public hearing was held on conveyance of an undeveloped portion of WooIf
Avenue from Mclean Street south for a distance of 240 feet to Craig Syrop, Anne
Sadler, M. Alice Sahs, and Marita McGurk Eicher. No one appeared.
Moved by O'Donnell, seconded by Champion, to adopt RES. 01-234, Bk. 126,
p. 234, AUTHORIZING CONVEYANCE OF AN UNDEVELOPED PORTION OF
WOOLF AVENUE FROM MCLEAN STREET SOUTH FOR A DISTANCE OF 240
FEET TO CRAIG SYROP, ANNE SADLER, M. ALICE SAHS, AND MARITA
MCGURK EICHER. Individual Council Members expressed their views. The Mayor
declared the resolution adopted, 4/2, with the following division of roll call vote: Ayes:
O'Donnell, Wilburn, Champion, Lehman. Nays: Kanner, Pfab. Absent: Vanderhoef.
Complete Description
July 31,2001
Page 7
A public hearing was held on conveyance of a single family home located at
1605 Dickenson Lane.
Moved by O'Donnell, seconded by Pfab, to adopt RES. 01-235, Bk. 126, p.
235, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT
1605 DICKENSON LANE. Affirmative roll call vote unanimous, 6/0, Vanderhoef
absent. The Mayor declared the resolution adopted.
Moved by Champion, seconded by O'Donnell, to move up agenda items 17,
18, 19, 20, 21,22, 23, 24, 25, 26, 27 at this time. The Mayor declared the motion
carried unanimous, 6/0, Vanderhoef absent.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-236, Bk. 126,
p. 236, APPROVING A TEN-YEAR DECLINING PERCENTAGE TAX INCREMENT
FINANCING PROPERTY TAX REBATE TO ASSIST SEABURY & SMITH WITH A
NEW FACILITY IN IOWA CITY. Scott Fisher, Managing Director of Seabury & Smith,
present for discussion. Individual Council Members expressed their views. Motion by
Champion calling the question died for lack of a second. Moved by Kanner,
seconded by Pfab, to defer the resolution to August 21. The Mayor declared the
motion to defer defeated, 2/4, with the following division of voice vote: Ayes:
Kanner, Pfab. Nays: O'Donnell, Wilburn, Champion, Lehman. Absent:
Vanderhoef. Economic Development Coordinator Schoon present for discussion.
The Mayor declared the resolution adopted, 5/1, with the following division of roll call
vote: Ayes: Wilburn, Champion, Lehman, Q'Donnell, Pfab. Nays: Kanner. Absent:
Vanderhoef.
Moved by Q'Donnell, seconded by Champion, to adopt RES. 01-237, Bk. 126,
p. 237, APPROVING A FIVE-YEAR ONE HUNDRED PERCENT TAX INCREMENT
FINANCING PROPERTY TAX REBATE TO ASSIST OWENS-BROCKWAY
PLASTIC PRODUCTS, INC. WITH A NEW MANUFACTURING FACILITY IN IOWA
CITY. The following individuals appeared: Brandon Ross, 1822 Rochester Ave.;
Mark Bradley, Area Manufacturing Manager for Owens-Brockway; and Joe Raso,
President Iowa City Area Development (ICAD). Economic Development Coordinator
Schoon for discussion. Individual Council Members expressed their views. The
Mayor declared the resolution adopted, 5/1, with the following division of roll call
vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Wilburn. Nays: Kanner. Absent:
Vanderhoef.
Council recessed from 10:30 to 10:35 p.m.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-238, Bk. 126,
p. 238, ESTABLISHING A COUNCIL ECONOMIC DEVELOPMENT FUND.
Individual Council Members expressed their views. The Mayor declared the
resolution adopted, 4/2, with the following division of roll call vote: Ayes: Champion,
Lehman, O'Donnell, Wilburn. Nays: Kanner, Pfab. Absent: Vanderhoef.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-239, Bk. 126,
p. 239, ESTABLISHING A COUNCIL ECONOMIC DEVELOPMENT CAPITAL
FUND. The Mayor declared the resolution adopted, 4/2, with the following division of
roll call vote: Ayes: Lehman, O'Donnell, Wilburn, Champion. Nays: Kanner, Pfab.
Absent: Vanderhoef.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-240, Bk. 126,
p. 240, ESTABLISHING A COMMUNITY DEVELOPMENT BLOCK GRANT
ECONOMIC DEVELOPMENT FUND. Individual Council Members expressed their
views. Economic Development Coordinator Schoon present for discussion. The
Mayor declared the resolution adopted, 4/2, with the following division of roll call
vote: Ayes: Lehman, O'Donnell, Wilburn, Champion. Nays: Pfab, Kanner. Absent:
Vanderhoef.
Complete Description
July 31,2001
Page 8
Moved by Wilburn, seconded by Pfab, to adopt RES. 01-241, Bk. 126, p. 241,
AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY
CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY
SKATE PARK to MBA Concrete, Inc. for $303,737.80. Affirmative roll call vote
unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted.
Moved by Pfab, seconded by Wilburn, to adopt RES. 01-242, Bk. 126, p. 242,
AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY
CLERK TO ATTEST CONTRACT FOR THE RECONSTRUCTION OF THE CITY
PARK TRAILS to L.L. Pelling Co., for $266,279.47. Affirmative roll call vote
unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted.
Moved by O'Donnell, seconded by Champion, to adopt RES. 01-243, Bk. 126,
p. 243, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY
CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE HUNTERS
RUN PARK to L.L. Pelling Co., for $234,561.57. Affirmative roll call vote unanimous,
6/0, Vanderhoef absent. The Mayor declared the resolution adopted.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-244, Bk. 126,
p. 244, NAMING THE MINIPARK QN BENTON STREET "NED ASHTON PARK."
Affirmative roll call vote unanimous, 6/0 Vanderhoef absent. The Mayor declared the
resolution adopted.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-245, Bk. 126,
p. 245, ESTABLISHING A REVISED SCHEDULE OF RATES AND CHARGES FOR
INTERMENTS, LOT SALES AND OTHER SERVICES IN OAKLAND CEMETERY.
Parks & Recreation Director Trueblood present for discussion. Affirmative roll call
vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 01-246, Bk. 126, p.
246, ADOPTING REGULATIONS FOR OAKLAND CEMETERY REGARDING THE
RIGHTS OF LOT OWNERS, MAINTENANCE PRACTICES AND RULES FOR
VISITORS. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor
declared the resolution adopted. (Council returned to item #12 on agenda.)
A public hearing was held on ordinances amending Section 1-9-3b of Code of
Ordinances of Iowa City, establishing the boundaries of the voting precincts in Iowa
City; and amending Section 1-5-1 of the Code of Ordinances of Iowa City,
establishing the voting precincts that comprise the three City Council districts. No
one appeared.
Moved by O'Donnell, seconded by Pfab, that ordinance amending Section 1-
9-3B of Code of Ordinances of Iowa City, establishing the boundaries of the voting
precincts in Iowa City, be given first vote. City Clerk Karr summarized changes made
to the precinct boundaries. Affirmative roll call vote unanimous, 6/0, Vanderhoef
absent. The Mayor declared motion carried.
Moved by Champion, seconded by O'Donnell, that the ordinance amending
Section 1-5-1 of the Code of Ordinances of Iowa City, establishing the voting
precincts that comprise the three City Council districts, be given first vote. Affirmative
roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared motion
carried.
Moved by O'Donnell, seconded by Champion, that the 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, be given second vote. Affirmative roll call
vote unanimous, 6/0, Vanderhoef absent. The Mayor declared motion carried.
Complete Description
July 31,2001
Page 9
Moved by Champion, seconded by Pfab, to defer to August 21 a resolution
authorizing the Mayor to sign and the City Clerk to attest the Aviation Commerce
Park financing agreement between the City of Iowa City, Iowa and the Iowa City
Airport Commission of Iowa City, Iowa. The Mayor declared the motion carried
unanimously, 6/0, Vanderhoef absent.
Moved by Champion, seconded by Pfab, to adopt RES. 01-247, Bk. 126, p.
247, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE NATIONAL SCULPTORS' GUILD WITH AND THROUGH ITS ARTIST FOR
THE LIBRARY PAD OF THE DOWNTOWN PEDESTRIAN MALL 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, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 01-248, Bk. 126, p.
248, APPROVING THE CALLS TO ARTIST FOR THE ART PROJECTS IN THE
NEAR SOUTHSIDE TRANSPORTATION CENTER. The Mayor declared the
resolution adopted, 5/1, with the following division of roll call vote: Ayes: Wilburn,
Champion, Lehman, O'Donnell, Pfab, Nays: Kanner. Absent: Vanderhoef.
Moved by O'Donnell, seconded by Champion, to adopt RES. 01-249, Bk. 126,
p. 249, RESCINDING RESOLUTION 97-21 AND ADOPTING A FEE SCHEDULE
AND DEPOSIT REQUIREMENTS FOR THE USE QF PUBLIC RIGHT-OF-WAY
FOR SIDEWALK CAFES. Affirmative roll call vote unanimous, 6/0, Vanderhoef
absent. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 01-250, Bk. 126, p.
250, APPROVING BY-LAWS OF THE ANIMAL CARE AND ADOPTION CENTER
ADVISORY BOARD. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent.
The Mayor declared the resolution adopted.
Moved by Champion, seconded by O'Donnell, to adopt RES. 01-251, Bk. 126,
p. 251, AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW BOARD
TO ESTABLISH TERM OF MEMBERS TO EXPIRE SEPTEMBER 1. Affirmative roll
call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by 0'Donnell, to adopt RES. 01-252, Bk. 126,
p. 252, ESTABLISHING PILOT PROGRAM FEE FOR CITY PLAZA NEWSPAPER
KIOSKS. Council Member Kanner stated he would be abstaining due to a conflict of
interest, and left the room. Aff'~rmative roll call vote unanimous, 5/0, Kanner
abstaining, Vanderhoef absent. The Mayor declared the resolution adopted. Kanner
returned to the meeting.
Moved by Kanner, seconded by Champion, to make the following
appointments to Boards and Commissions: Housing and Community Development -
Lori Bears, 402 S. Gilbert #711, April Gutting, 1316 Dover Street, John Deeth, 615 S.
Governor, for three appointments to fill three-year terms September 1, 2001 -
September 1, 2004; Human Rights Commission- Sue Joslyn, 1925 Flanigan Court,
to fill an unexpired term ending January 1, 2003; Police Citizens Review Board -
Patrick Wm. Hoe~, 1614 Langenberg Avenue, Bev Smith 703 ¼ George Street, to
two appointments to fill four-year terms September 1, 2001 - September 1, 2005.
The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent.
The Mayor noted the previously-announced 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.
Complete Description
July 31,2001
Page 10
Council Member O'Donnell stated he was fortunate to watch the RAGBRAI
riders and support vehicles pass through our area, and stated it was very impressive;
and offered condolences to Don Hebert's family.
Council Member Wilburn stated it was a banner night for Parks & Recreation
with the passage of the contract for the skate board park, Hunters Run Park, City
park trails, and naming of Ned Ashton Park; and congratulated the Weatherby Park
neighborhood on the success of their drive-in movies.
Council Member Kanner noted the memo from the City Manager regarding the
new wetlands regulations, and requested that an item be placed on the August 20
work session for discussion and consideration of a 3-6 moratorium. Majority of
Council were not interested in a moratorium until more information is received form
staff.
Moved by O'Donnell, seconded by Wilburn, to adjourn 11:10 p.m. The Mayor
declared the motion carried unanimously, 6/0, Vanderhoef absent.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk