HomeMy WebLinkAbout2001-12-11 Council MinutesSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
DECEMBER 11,2001
Iowa City City Council special meeting 7:00 p.m. at the Civic Center. Mayor
Lehman presiding. Council Members present: Champion, Kanner (7:08), Lehman,
O'Donnell, Pfab, Vanderhoef, Wilburn. Staff members present: Atkins, Helling,
Dilkes, Karr, Franklin, Craig. Council minutes tape recorded on Tape 01-107, Side 2;
Tape 01-110, Both Sides; Tape 01-111, Side 1.
The Mayor welcomed distinguished visitors from Russia. Tom Baldridge
introduced Aleksandr Sergeyevich IGNATENKOV, and Yelena Lvovna SARAYEVA
and their interpreters Yelena Aleksanndrovna VANSYATSKAYA and Pavel Viktovich.
Sysoyev.
The Mayor presented Outstanding Student Citizen Awards to all 5th & 6th
Graders at Roosevelt Elementary. Representatives Mayra Martinez, Kyle Mason,
and Page Witkop accepting.
Moved by Champion, seconded by O'Donnell, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted
as amended:
Approval of Official Council Actions for two special meetings on
November 27 published subject to corrections, as recommended by the City
Clerk.
Minutes of Boards and Commissions: Housing and Community
Development Commission - October 18. Iowa City Board of Adjustment-
October 10. Iowa City Human Rights Commission - October 22. Iowa City
Telecommunications Commission - October 23. Parks and Recreation
Commission - November 14. Senior Center Commission - October 16.
Permit Motions and Resolutions as Recommended by the City Clerk,
New: Special Class C Liquor License for USIAM, Inc., dba Thai Flavors, 340
E. Burlington St. Renewals: Class C Liquor License for CMB, Inc., dba
Gringo's, 115 E. College St. Class C Liquor License for Gabe's, Inc., dba
Gabe's, 330 E. Washington St. Class C Liquor License for Carlos O'Kelly's of
Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 Waterfront. Outdoor
Service Area for Gabe's, Inc., dba Gabe's, 330 E. Washington St. Special
Class C Liquor License for Paglia's Pizza Palace, Ltd., dba Paglia's Pizza, 302
E. Bloomington St. Class C Beer Permit for JG Robins, Inc., dba Petro-N-
Provisions, 2 Escort Ln. Refund an unused portion of a Class C Liquor
License for James J. Tucker dba Tuck's Place, 210 N. Linn St. RES. 01-382,
Bk. 126, p. 382, TO ISSUE A DANCE PERMIT for Gabe's, Inc., dba Gabe's,
330 E. Washington St. Class C Liquor License for Blazin Wings, Inc., dba
Buffalo Wild Wings Grill & Bar, 201- S.Clinton Street.
Motion's: Approve disbursements in the amount of $14,618,954.86 for
the period of October 1 through October 31,2001, as recommended by the
Finance Director subject to audit.
Setting Public Hearings, Bk. 126: RES. 01-383, p. 383, SETTING
PUBLIC HEARING for January 8 FOR THE UPDATE OF THE SECTION 8
ADMINISTRATIVE PLAN FOR IOWA CITY HOUSING AUTHORITY
SECTION 8 PROGRAM. RES. 01-384, p. 384, SETTING PUBLIC HEARING
for January 8 FOR THE UPDATE OF THE IOWA CITY HOUSING
AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED
OCCUPANCY PLAN (ACOP). RES. 01-385, p. 385, SETTING A PUBLIC
HEARING for January 8 ON PLANS, SPECIFICATIONS, FORM OF
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December 11,2001
Page 2
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
THE SCOTT BOULEVARD EXTENSION PHASE IV 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. 01-386, p. 386, SETTING A PUBLIC HEARING for
January 8 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL
SALVAGE BARN & FURNITURE PROJECT, 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: RES. 01-387, p. 387, SUPPORTING THE
DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY (MDI Limited
Partnership/Longfellow Manor). RES. 01-388, p. 388, SUPPORTING THE
DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY (Emerson
Point Partnership/VValden Hills). RES. 01-389, p. 389, AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
WELLS FARGO HOME MORTGAGE, CORALVILLE, IOWA FOR
PROPERTY LOCATED AT 1612 EAST COURT STREET, IOWA CITY,
IOWA. RES. 01-390, p. 390, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND FIRSTAR BANK, IOWA CITY,
IOWA, FOR PROPERTY LOCATED AT 826 RIDER STREET, IOWA CITY,
IOWA. RES. 01-391, p. 391, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST
COMPANY, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 1909
DELWOOD DRIVE, IOWA CITY, IOWA. RES. 01-392, p. 392, IN SUPPORT
OF THE ENGLERT CIVIC THEATRE'S APPLICATION FOR COMMUNITY
ATTRACTION AND TOURISM DEVELOPMENT GRANT FUNDING FOR
THE RESTORATION OF THE ENGLERT THEATER.
Correspondence: Gayle Nelson regarding Vote YES Today. Howard
and Marti Horan regarding Peninsula Project. James Shymansky regarding
Seatbelt Violation. Jan Stewart regarding Fareway and First Avenue. John
Westefeld regarding Parks and Recreation Commission Appointment. David
Brown (Hayek, Hayek, Brown & Moreland, LLP) regarding Southgate
Development Company, Inc. vs. City of Iowa City (Johnson County No.
LACV061752). Jerry Feick regarding Miscellaneous Issues. Carol DeProsse
regarding Drugs. JCCOG Traffic Engineering Planner regarding Installation of
Two Public Parking Meters on the West Side of the Senior Center; Installation
of Two TOW AWAY ZONE Signs on the North Side of the 100 Block of Iowa
Avenue. Lolly Eggers regarding Franchise renewal. Carilyn Kemph regarding
21 only bar issue. Carilyn Kemph regarding 21 only bar issue. Postcards from
10 individuals regarding Mid American franchise [All available in the City
Clerk's Office]. Phil Klein regarding support public power.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Lisa Parker, President of the Library, presented information on the bids received for
the Library expansion and the award by the Library Board to Knutson Construction.
John Fitzpatrick, 721 N. Linn, Chair of the Parking and Traffic Committee for the
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December 11,2001
Page 3
Northside Neighborhood, requested speed limits signs installed on both directions of
Church Street between Dubuque and Governor Streets. The City Manager will
report back. Moved by O'Donnell, seconded by Vanderhoef, to accept
correspondence from Stephanie Heitman, Principal of Horace Mann Elementary, and
Julianne McNalley, Horace Mann PTO President regarding the speed limit signs.
The Mayor declared the motion carried unanimously, 7/0, all Council Members
present. John Loomis, 219 Teeters Ct., Friends of Hickory Hill Park, alerted Council
on the recent submittal by the Press-Citizen for a 20 lot development, and the
potential that it did not meet the requirement of the Northeast District Plan. Council
Member Kanner requested staff review the issue of procedure if a protest were to
filed and publicly owned land was included. Staffwill follow up.
Moved by Champion, seconded by O'Donnell, that the ordinance to rezone
.63 acres from General Industrial, I-1, to Intensive Commercial, C1-1, located on the
south side of Highway 1 West, west of Ruppert Road, be given first vote. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
The Mayor stated he had a conflict of interest on the next item and left the
meeting. Mayor Pro tem O'Donnell presiding. Moved by Champion, seconded by
Vanderhoef, that the ordinance to vacate West Benton Court north of Benton Street
(Oaknoll), be given first vote. Steve Rowe, Oaknoll Retirement Residence
Administrator, stated the Board had discussed the question of purchasing the utilities
and decided it was not in their best interest to pursue below ground. The Mayor Pro
tem declared the motion carried, 5/1, with the following division of roll call vote: Ayes:
Champion, Kanner, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Absent: Lehman.
Mayor Lehman returned to the meeting.
Moved by Vanderhoef, seconded by Wilburn, that the ordinance to rezone
from Medium Density Single Family (RS-8) to Historic Preservation Overlay (RS-
8/OHP) for properties within the Longfellow Neighborhood to establish the
Longfellow Historic District, be given second vote. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion
carried.
Moved by Pfab, seconded by O'Donnell, that the ordinance to rezone from
Medium Density Single Family (RS-8) to Conservation District Overly (RS-8/OCD) for
properties within the Longfellow Neighborhood to establish the Clark Street
Conservation District, 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 to rezone
from Medium Density Single Family (RS-8) to Conservation District Overly (RS-
8/OCD) for properties within the Longfellow Neighborhood to establish the Dearborn
Street Conservation District, 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 the ordinance to vacate
11,800 square feet of undeveloped Kirkwood Avenue right-of-way located south of
the Church of Christ parking lot at 1320 Kirkwood Avenue, be given second vote.
Moved by Kanner, seconded by Pfab, to defer. The Mayor declared the motion
defeated, 2/5, with the following division of voice vote. Ayes: Kanner, Pfab. Nays:
Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. The Mayor declared the
original motion carried, 5/2, with the following division of roll call vote: Ayes:
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December 11,2001
Page 4
Vanderhoef, Wilburn, Champion, Lehman O'Donnell. Nays: Kanner, Pfab. Absent:
None.
Moved by O'Donnell, seconded by Wilburn, that ORD. 01-3986, Bk. 44, p. 32,
TO REZONE FROM MEDIUM DENSITY MULTIFAMILY (RM-20) TO MEDIUM
DENSITY SINGLE FAMILY (RS-8) OF 3.07 ACRE LOCATED AT 747 W. BENTON
STREET, 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 O'Donnell, that ORD. 01-3987, Bk. 44, p.
33, TO REZONE APPROXIMATELY 24.12 ACRES FROM INTERIM
DEVELOPMENT SINGLE-FAMILY, ID-RS, TO SENSITIVE AREAS OVERLAY LOW
DENSITY SINGLE-FAMILY, SAG-5, LOCATED EAST OF HICKORY TRAIL, be
passed and adopted. PCD Director Franklin present for discussion. The Mayor
declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes:
Wilburn, Vanderhoef, Champion, Kanner, Lehman, O'Donnell. Nays: Pfab. Absent:
None.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-393, Bk.
126, p. 393, APPROVING THE PRELIMINARY PLAT OF FIRST AND ROCHESTER,
PART 4, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by O'Donnell, seconded by Pfab, that ORD. 01-3988, Bk. 44, p. 34,
AMENDING THE OPDH PLAN FOR VILLAGE GREEN PART XVIII TO PERMIT
NINE ADDITIONAL RESIDENTIAL UNITS ON 4.33 ACRES OF PROPERTY
LOCATED WEST OF SCOTT BOULEVARD AND SOUTH OF WELLINGTON
DRIVE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the ordinance adopted.
Moved by Pfab, seconded by Champion, to adopt RES. 01-395, Bk. 126, p.
395, APPROVING PRELIMINARY AND FINAL PLAT OF VILLAGE GREEN PART
XXI, 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, that ORD. 01-3989, Bk. 44, p. 35,
TO REZONE APPROXIMATELY 14.07 ACRES OF PROPERTY FROM LOW
DENSITY SINGLE FAMILY RESIDENTIAL, RS-5, AND PLANNED DEVELOPMENT
OVERLAY - LOW DENSITY SINGLE FAMILY RESIDENTIAL, OPDH-5, TO OPDH-
5, FOR APPROXIMATELY 14.07 ACRES OF PROPERTY LOCATED SOUTH OF
VILLAGE ROAD AND NORTH OF WINTERGREEN DRIVE, be passed and adopted.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the ordinance adopted.
Moved by Pfab, seconded by Champion, to adopt RES. 01-396, Bk. 126, p.
396, APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN, PARTS 19-20,
IOWA CITY, IOWA. 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. 01-397, Bk.
126, p. 397, APPROVING DAVID DAHLQUIST AS THE ARTIST FOR THE NEAR
SOUTHSIDE TRANSPORTATION CENTER PROJECT, AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND DAHLQUIST CLAYWORKS, INC.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held on a revised development agreement with Seabury
& Smith, Inc. and Southgate Development Company, Inc. No one appeared.
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December 11,2001
Page 5
Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-398, Bk. 126,
p. 398, APPROVING AND AUTHORIZING EXECUTION OF A REVISED
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND SEABURY & SMITH, INC. AND SOUTHGATE DEVELOPMENT COMPANY,
INC. Individual Council Members expressed their views. Moved by Pfab, seconded
by Kanner, to amend the agreement to remove the unconditional obligation to rebuild
the structure in the event of destruction and provide that the structure shall be rebuilt
in the event of destruction as the result of an insurable casualty. The Mayor declared
the motion to amend defeated, 2/5, with the following division of voice vote. Ayes:
Pfab, Kanner. Nays: Wilburn, Vanderhoef, Lehman, O'Donnell, Champion. Absent:
None. 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 an ordinance repealing 01-3980 and amending
Section 1-9-3B of the Code of Ordinances of Iowa City, establishing the boundaries
of the voting precincts in Iowa City. No one appeared.
Moved by O'Donnell, seconded by Champion, that the ordinance repealing
01-3980 and amending Section 1-9-3B of the Code of Ordinances of Iowa City,
establishing the boundaries of the voting precincts in Iowa City, be given first vote.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Moved by Vanderhoef, seconded by Wilburn, that the ordinance amending
Title 5, "Business and License Regulations," Chapter 2, "Vehicles for Hire," of the
City Code clarifying definition of vehicles for hire, adding requirements for certified
State of Iowa criminal history information prior to issuance of any application and/or
driving badge, and removing the requirement for a distinctive color scheme for
vehicles for hire, be given second vote. David Stoddard, Yellow Cab Company, and
Tricia Donatti, Old Capitol Cab Company, appeared. Individual Council Members
expressed their views. Moved by Champion, second by O'Donnell, to amend the
ordinance to allow non-removable lettering. The Mayor declared the motion to
amend carried unanimously, 7/0, all Council Members present. Moved by Champion,
seconded by O'Donnell, to amend the ordinance by retaining the requirement for a
distinctive color scheme. The Mayor declared the motion to amend carried, 6/1, with
the following division of voice vote: Ayes: Champion, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilbum. Nays: Kanner. Absent: None. Moved by Pfab, seconded by
Kanner, that the lettering be at least 4 inches in height. The Mayor declared the
motion to amend defeated, 2/5, with the following division of hand vote: Ayes: Pfab,
Kanner. Nays: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion to give second reading to the amended ordinance carried.
Moved by Vanderhoef, seconded by Pfab, that the ordinance amending Title 6
of the City Code, entitled "Public Health and Safety" by repealing Chapter 7, entitled
"Smoking in Public Places" and enacting a new Chapter 7, entitled "Smoking in Food
Establishments," be given second vote. Individual Council Members expressed their
views. Moved by Champion, seconded by O'Donnell, to defer further consideration
until February 5. The Mayor declared the motion to defer defeated, 2/5, with the
following division of voice vote: Ayes: Champion, O'Donnell. Nays: Kanner,
Lehman, Pfab, Vanderhoef, Wilburn. Absent: None. Moved by Champion,
seconded by O'Donnell, to defer indefinitely. The Mayor declared the motion to defer
defeated, 2/5, with the following division of voice vote: Ayes: Champion, O'Donnell.
Complete Description
December 11,2001
Page 6
Nays: Kanner, Lehman, Pfab, Vanderhoef, Wilburn. Absent: None. Moved by
Champion, seconded by O'Donnell, to amend the ordinance to provide an exception
for separate rooms with separate ventilation systems be excluded. The Mayor
declared the motion to amend defeated, 2/5, with the following division of voice vote:
Ayes: Champion, O'Donnell. Nays: Kanner, Lehman, Pfab, Vanderhoef, Wilburn.
Absent: None. Moved by Vanderhoef, seconded by Kanner, that the ordinance be
amended to provide that the City be totally smoke free in any public place as defined
by the State Code that prepares or serves food for on premises consumption. The
following individuals appeared: Beth Ballinger, 48 Pentire Circle, CAFE; Dan
Ramsey, 2806 Hwy. 6 East, CAFI~; Lauren Hanna; Kevin Perez, and children
Alexandra, Issac, and Elias; Patty Williams, 1357 Goldenrod Dr.; Brett Castillo, 613
E. Court St.; Lars Fortis, 1119 E. Cour~ St.; Al Ackner, 1413 Franklin St.; Daryl
Woodson, Sanctuary Restaurant; Marcus Cook, Alley Cat, and Iowa City Wireless;
Linda Kuncl, 528 Reno St., Hilltop Tavern; Eileen Fisher, 3722 Hummingbird Lane,
CAFe; Don Stalkfleet, Sports Column; Jim Mondanaro, Micky's, Giovanni's, Bred
Garden, Mondo's; Keith Dempster, Mill. Motion for a friendly motion to exclude
prepackaged food from the motion on the floor died for lack of a second. The Mayor
declared the motion to amend the ordinance by adding smoke free language in all
public places that prepares or serves food for on premises consumption defeated,
3/4, with the following show of hands: Ayes; Vanderhoef, Lehman, Kanner. Nays;
Champion, O'Donnell, Pfab, Wilburn. The Mayor declared the original motion giving
second consideration to the ordinance carried, 4/3, with the following roll call vote.
Ayes: Kanner, Pfab, Vanderhoef, Wilburn. Nays: Lehman, O'Donnell, Champion.
Absent: None. Moved by Pfab, seconded by Vanderhoef, to accept correspondence
from the following individuals: Missy Aitchison, D.H. Barnes, Shad Burgus, L. Christe,
Dori Ribeiro de Oliveira, Richard Dorzweiler, Kelly Drake, Liz Field, William (Bill)
Field, Peter Fisher, Micky Fixsen, Bob Goffstein, Renee Gould, Nicole Gustafson,
Aaron Hammes, David Hansen, James Hanson, Y. Hester, Carol Hodne, James
Hunsaker IV, Suzanne Jacque and 7 individuals from the American Cancer Society,
Geoffrey Johnson, Donna Klinzman, Meghan Kodweis (2), Patti Koenig, Ann Kohl,
Jason Krumbholz, Suzi Lang, Al Lorenzen, Ken Mcllrath, Kelley McLaughlin, Marc
Moen, Kimber Munson, Julie Muskovich, Gayle Nelson, Stephen and Starr Nielsen,
Candace Peters, Laura Phearman, Michelle Piette, Thomas Rosenberger, George
Ruedy and Shirley Ruedy, David Rust and Joy Smith, Sara Ryan, Ann and Kevin
Satterly, John Solow, Sam Stewart, Faye and Gordon Strayer, Ann Stromquist, Mary
and Tom Tanner, Lea VanderVelde and 12 individuals listed, John Williams, Patti
Williams, Keith Wilson, Marilyn Wright.
Moved by O'Donnell, seconded by Vanderhoef, that ORD. 01-3990, Bk. 44, p.
36, AMENDING THE IOWA CITY UNIFIED DEVELOPMENT CODE TO ESTABLISH
A TEMPORARY MORATORIUM ON DEVELOPMENT WITHIN THF ARFA
ROUGHLY CIRCUMSCRIBED BY MILLER AVENUE, U.S. HIGHWAY 1,
HARLOCKE STREET, AND BENTON STREET IN IOWA CITY, IOWA, 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 Wilburn, that ORD. 01-3991, Bk. 44, p.
37, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED
EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED CITY-
UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL AREA OF
THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND
FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF
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December 11,2001
Page 7
JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND
INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS,
INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN
CONNECTION WITH THE AMENDED CITY-UNIVERSITY PROJECT I (PROJECT
NO. IA R-14) URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and
adopted. The Mayor declared the ordinance adopted, 5/2, with the following division
of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Vanderhoef. Nays:
Kanner, Pfab. Absent: None.
Moved by Champion, seconded by O'Donnell, that ORD. 01-3992, Bk. 44, p.
38, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 8, ENTITLED "BICYCLES," SECTION 6, ENTITLED "PARKING
VIOLATIONS," SUBSECTION A, ENTITLED "IMPOUNDMENT OF BICYCLES" TO
ALLOW THE CITY TO IMPOUND ABANDONED BICYCLES, be passed and
adopted. Brett Castillo, 613 E. Court St., appeared. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the ordinance
adopted.
Moved by Vanderhoef, seconded by Champion, to adopt resolution of intent to
convey a 140-foot by 17.5-foot area of the vacated Kirkwood Avenue right-of-way
located east of the Kirkwood Avenue/Lower Muscatine road intersection (Hill Crest
Price's Addition) to the Kirkwood Avenue Church of Christ, and setting a public
hearing on said conveyance for January 8, 2002. Individual Council Members
expressed their views. The Mayor declared the resolution defeated unanimously, 0/7,
all Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-399, Bk.
126, p. 399, ADOPTING REVISED AND UPDATED CONTRACT COMPLIANCE
PROGRAM. 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. 01-400, Bk. 126, p.
400, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND THE LONGFELLOW MANOR SUBDIVISION OWNERS
ASSOCIATION. 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. 01-401, Bk. 126, p.
401, NAMING A PRIVATE DRIVE IN LONGFELLOW MANOR. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Champion, seconded by Pfab, to defer to January 8, resolution
awarding contract and authorizing the Mayor to sign and the City Clerk to attest a
contract for construction of the Court Hill Trunk Sewer improvements project. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Pfab, to approve a motion granting a 30-
day extension to the Police Citizens Review Board for the filing of the public report
with the City Council on complaint #01-02. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
The Mayor noted the vacancy on the Animal Care and Adoption Center
Advisory Board for one appointment to fill an unexpired term ending December 31,
2003, will be readvertised.
Moved by Champion, seconded by Pfab, to appoint Christine Boyer, 531
Center Street, to the Housing & Community Development Commission to fill an
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December 11,2001
Page 8
unexpired term ending September 1,2002. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
The Mayor announced current vacancies: Airport Commission - One vacancy
to fill a six-year term March 1, 2002 - March 1,2008; Historic Preservation
Commission - Three vacancies (One Moffitt Cottage District Representative and
Two At-Large Representatives) to fill three-year terms March 29, 2002 - March 29,
2005; Telecommunications Commission - Two vacancies to fill three-year terms
March 13, 2002 - March 13, 2005. Applications must be received by 5:00 p.m.,
Wednesday, January 16.
The Mayor noted the previously announced vacancies: Airport Zoning Board
of Adjustment - One vacancy to fill a five year term January 1, 2002 - December 31,
2006; Board of Adjustment - One vacancy to fill a five year term January 1, 2002 -
January 1,2007; Board of Appeals - One vacancy to fill a five year term January 1,
2002 - December 31, 2006. Applications must be received by 5:00 p.m.,
Wednesday, January 2.
Council Member Pfab stated he would be driving to California.
Council Member O'Donnell noted the attendance by a number of Members at
the Sycamore Mall ribbon cutting ceremony and the positive changes occurring to
the area.
Council Member Vanderhoef reminded Council that they had gone on record
endorsing the expansion of the bottle bill last year, and that retail grocers were
pushing again to change the bill, and requested the matter be scheduled for an
upcoming work session. The Mayor requested that staff draft a letter for the packet
for the scheduled discussion.
Council Member Kanner requested that the Duncan and Associates review
currently underway be referenced to the Planning & Zoning Commission (specifically
the last paragraph in the initial recommendations regarding residential design
guidelines) in their review of the Sensitive Areas Ordinance. Staff will follow up;
noted a reference in the Senior Center minutes regarding no political activity signs,
and requested the matter be scheduled for an upcoming work session with Senior
Center Commission representatives present; reported on his attendance at the
Academy for Transportation Policy meeting, and the proposal for a trolley in Sioux
City; and noted the holiday of Hanukkah, or festival of lights, and wished everyone
well that is celebrating.
The Mayor noted the next scheduled meeting of the City Council is 9:30 AM
on January 4; and wished everybody in Iowa City a Merry Christmas, Happy
Hanukkah, and joyous New Year.
Moved by O'Donnell, seconded by Vand~erhoef, to adjourn 10:10 p.m. The
Mayor declared the motion carried unan~Cou~ ~s present.
Ernest W. Lehman, Mayor
Mar'hah K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356~5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $
OFFICIAL COUNCIL ACTIONS - 11/27/01
Iowa City City Council, special meeting 6:30 p.m. at the Civic Center. Mayor
Lehman presiding. Council Members present: Champion, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn, Kanner (6:33 p.m.).
Moved and seconded to adjourn to executive session to discuss strategy with
counsel in matters that are presently in litigation 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.
Moved and seconded to adjourn the special meeting at 6:45 p.m. The Mayor
declared the motion carried.
A more complete description of Council Activities is on file in the office of the City
Clerk.
s/Ernest W. Lehman, Mayor
Submit%~d for publication - 12/5/01
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 - 11/27/01
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 presented Outstanding Student Citizen Awards to Regina
Elementary students: Stephen Grabowski, Shannon Bockenstedt, Juliana Kleist-
Mendez.
Moved and seconded that the following items and recommendations in the
Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Official Council Actions for special meetings of November
12 and November 13, published subject to corrections, as recommended by
the City Clerk.
Minutes of Boards and Commissions: Iowa City Airport Commission -
September 13. Iowa City Airport Commission - October 11. Iowa City Airport
Commission - October 17. Iowa City Airport Commission - October 23. Iowa
City Airport Commission - October 25. Iowa City Airport Commission -
November 1. Iowa City Public Art Advisory Committee - October 11. Iowa City
Public Library Board of Trustees - October 15. Police Citizens Review Board
- October 9.
Permit Motions and Resolutions as Recommended by the City Clerk.
New. Class B Beer Permit for All Good Things, Inc., dba The Monkey House,
1660 Sycamore St., # 50. Renewals: Special Class C Liquor License for India
Caf~ Corp., dba India Caf~, 227 E. Washington St. Refund an unused portion
of a Class C Liquor License for GMRI, Inc., dba Red Lobster #759. Class C
Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St.
Class B Wine Permit for Linn Street Caf~, Inc., dba Linn Street Caf~, 121 N.
Linn Street.
Motions: Accept Abstract of Votes for the Iowa City Election held on
November 6, 2001.
Resolutions: RES. 01-368, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A REHABILITATION AGREEMENT, AN ADDENDUM TO
REAL ESTATE CONTRACT AND A RENTAL REHABILITATION LIEN FOR
THE PROPERTY LOCATED AT 229 SOUTH SUMMIT STREET, IOWA CITY,
IOWA. RES. 01-369, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 629 RONALDS STREET,
IOWA CITY, IOWA. RES. 01-370, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A REHABILITATION AGREEMENT, A STATEMENT OF LIFE
LIEN AND AN AMENDED STATEMENT OF LIFE LIEN FOR THE
PROPERTY LOCATED AT 1822 H STREET, IOWA CITY, IOWA. RES. 01-
371, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND HAWKEYE STATE BANK, IOWA CITY, IOWA, FOR
Official Actions
November 27, 2001
Page 2
PROPERTY LOCATED AT 1204 BROOKWOOD DRIVE, IOWA CITY, IOWA.
RES. 01-372, FIXING DATE FOR A MEETING ON THE PROPOSAL TO
ENTER INTO A REVISED DEVELOPMENT AGREEMENT WITH SEABURY
& SMITH, INC. AND SOUTHGATE DEVELOPMENT COMPANY, INC., AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Correspondence: Mark Hollingsworth - Mental Illness and Law
Enforcement. Jerry Feick - Request for assistance. Joe Peterson - First
Avenue.
The Mayor declared the motion carried.
Charity Rowley, Senior Center Commission, updated Council on activities at
the Center.
A public hearing was held on an ordinance to rezone .63 acres from General
Industrial, I-1, to Intensive Commercial, CI-1, located on the south side of Highway 1
West, west of Ruppert Road.
The Mayor stated he had a conflict of interest on the next item and left the
meeting. Mayor Pro tem O'Donnell presiding. A public hearing was held on an
ordinance to vacate West Benton Court north of Benton Street. Atty. Bob Downer,
representing Oaknoll Retirement Residence, appeared. Mayor Lehman returned to
the meeting.
The public hearing was held on an ordinance rezoning 1.38 acres from High
Density Multi-Family Residential, RM-44, to Medium Density Multi-Family
Residential, RM-20 for property located at 1045-1075 W. Benton Street. Judith Klink,
1101 Harlocke Street, appeared. Moved and seconded to accept correspondence
from Judith Klink withdrawing her rezoning request. The Mayor declared the motion
to withdraw carried.
A public hearing was held on an ordinance rezoning approximately 6.15 acres
from Intensive Commercial, C1-1, to Community Commercial, CC-2, located at
Commerce Drive and Liberty Drive. Atty. Bob Downer, representing Streb Investment
Partnership, appeared. Moved and seconded to accept correspondence signed by
11 individuals. The Mayor declared the motion carried.
Moved and seconded that the ordinance rezoning approximately 6.15 acres
from Intensive Commercial, C1-1, to Community Commercial, CC-2, located at
Commerce Drive and Liberty Drive, be deferred indefinitely. The Mayor declared the
motion carried.
Moved and seconded that the ordinance to rezone from Medium Density
Single Family (RS-8) to Historic Preservation Overlay (RS-8/OHP) for properties
within the Longfellow Neighborhood to establish the Longfellow Historic District, be
given first vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance to rezone from Medium Density
Single Family (RS-8) to Conservation District Overly (RS-8/OCD) for properties within
the Longfellow Neighborhood to establish the Clark Street Conservation District, be
given first vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance to rezone from Medium Density
Single Family (RS-8) to Conservation District Overly (RS-8/OCD) for properties within
the Longfellow Neighborhood to establish the Dearborn Street Conservation District,
be given first vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance to vacate 11,800 square feet of
undeveloped Kirkwood Avenue right-of-way located south of the Church of Christ
parking lot at 1320 Kirkwood Avenue, be given first vote. The Mayor declared the
motion carried.
Official Actions
November 27, 2001
Page 3
Moved and seconded that the ordinance to rezone approximately 3.07 acres
from Medium Density Multifamily, RM-20, to Medium Density Single Family, RS-8,
located at 747 W. Benton Street, be given second vote. The Mayor declared the
motion carried.
Moved and Vanderhoef that the ordinance to rezone approximately 24.12
acres from Interim Development Single-Family, ID-RS, to Sensitive Areas Overlay
Low Density Single-Family, SAO-5, located east of Hickory Trail, be given second
vote. The Mayor declared the motion carried.
Moved and seconded that the rezoning ordinance to amend the OPDH plan
for Village Green Part XVIII to permit nine additional residential units on 4.33 acres of
property located west of Scott Boulevard and south of Wellington Drive, be given
second vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance to rezone approximately 14.07 acres
of property from Low Density Single Family Residential, RS-5, and Planned
Development Overlay - Low Density Single Family Residential, OPDH-5, to OPDH-5,
for approximately 14.07 acres of property located south of Village Road and north of
Wintergreen Drive, be given second vote. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded that the ordinance amending title 5,
"Business and License Regulations," Chapter 2, "Vehicles for Hire," of the City Code
clarifying definition of Vehicles for Hire, adding requirements for certified State of
Iowa criminal history information prior to issuance of any driving badge, removing the
requirement for a distinctive color scheme for vehicles for hire and providing
language requiring a permit from the Division of Animal Control for operating a
horse-drawn vehicle, be given first vote. Moved and seconded to delete the
requirement for a permit from the Division of Animal Control for Operating a Horse
Drawn Vehicle. The Mayor declared the motion to amend carried. The Mayor
declared first consideration as amended carried.
Moved and seconded that the ordinance amending Title 6 of the City Code,
entitled "Public Health and Safety" by repealing Chapter 7, entitled "Smoking in
Public Places" and enacting a new Chapter 7, entitled "Smoking in Food
Establishments, be given first vote. Moved and seconded to amend the ordinance,
as set forth in the City Atty. memo dated November 27, by amending Section 6-7-5
to provide for a temporary exception from the smoking prohibitions for changes in
operation and to specifically address new businesses, and to add a provision
requiring sales of alcoholic beverages be a percentage of gross receipts of food,
beverages and alcoholic beverages. The Mayor declared the motion to amend
carried. Moved and seconded to amend the ordinance to use the State Code
definition of "public place". The Mayor declared the motion carried. Moved and
seconded to amend the ordinance to provide the percentage of sales of alcoholic
beverages required for an exception shall increase to 65% in two years. The Mayor
declared the motion carried. The following individuals appeared: Jim Mondanaro,
owner of Mickey's/Giovanni's/Mondo's; Keith Dempster, Mill; Daryl Woodson,
Sanctuary; Russ Schmeiser, Mondo's. The Mayor declared the motion to give first
consideration to the ordinance as amended carried. Moved and seconded to accept
correspondence from the following individuals: Marc Abbott, Alan Achtner, Nic Arp,
Paula Balkenende, Beth Ballinger, Philip Beck, Sandy Beck, Susan Beckett, Audra
Black, Chris Bock, Diane Zaerr Brenneman, Janice & Norman Buckholtz, Elaina
Buzzell, Ralph Cap, Mike Carberry (2), Cheryl Carrington, Susan Chambers, James
Christensen, Tom Chute, Cheryl Clamon, Stefanie Cook, John Cord, L. Graham
Dameron, Jennifer Danielson (2), Stephanie DeMarr, Kristen Darrah, Pam
Dempster, Katharine Dengler, Carol DeProsse, Shelly Deutsch, Caroline Dieterie,
Official Actions
November 27, 2001
Page 4
Dave Dowell, James Dreier, Scott Duncan, Theresa Dunnington, Dennis Dunnwald,
Martine Dunnwald, Sandy Dyas, Barbara Elias, Emily Embree, Patricia Ephgrave,
Mary Ervanian, Kara &Stan Fellows, John Ferguson, Bill Field (3), Eileen Fisher (2),
Mickey Fixsen, Jason Fowler, Bila Frank, Susan Futrell, Thomas Gates, Roger
Gingrich, Renee Gould, Dai Gwilliam, Bradley Harris, Laurie Haag, Nila Haug, Anton
Hatwich, Lucille Heitman, Betsy Hickok, Ted Hofmann, Brook Hoover, Brian
Hutchinson, Ryan Hutchinson, Charles Jacoby, Will Jennings, Beth Jones, Steve
Jones, John Kammermeyer, Cassandra and Kemp Kernstine, Sally Konrady, Rick
Kaster, Lisa Kessler, Randy Kurk, John Lake, Mark Langgin, Marcia Leanhart,
Christopher Logue, Bonnie Love, Saul Lubaroff, Walter Maley, Kembrew McLeod,
Corey McSparen, John & Lesley Menninger, Kirsten Meredith, Kris Meyer, Matthew
Millard, Elyse Miller (2) including cover letter for petitions with 141 signatures, Dave
Moore, Jeffrey Morgan, Dan Mueller, Kathryn Musilek, Julie Muskovich, Shawn
Neary, Chris Offutt, Irving & Margaret O'Harra, Kevin Owens, Bradley Payne, Coleen
Peterson, Jim Peterson, Joe Peterson, Dorsey Phelps, John Previant, Sarah
Prineas, John Raeburn, Shanti Rail, Bo Ramsey, John Reimringer, Elizabeth
Reynolds, Janelie Rettig, Douglas Roberson, Jerry Roberts, Laura Routh, Barbara &
Ronald Ruth, Mike Samos, Brent Sandy, Stacy Savage-Webster, Daryl Sawin,
Tamara Schoenbaum, Richard Shirk, Audrey Silk, Nancy Slach, Katie Sparks, Eric
Straumanis, Renee Sueppel, Joe Svec, Roger & Dee Swartzendruber, Bob
Thompson, Bob Thompson (2), Sam Thompson, Tobias Andrew Veeder, Stanley
Wackerman, Susan Well, Patrick White, Barb Widstrom, Steve Winkler, Aaron
Wolfe, Stuart Wood, Joan Wulff. The Mayor declared the motion carried.
Moved and seconded that the ordinance amending the Iowa City Unified
Development Code by establishing a temporary moratorium on development within
the area roughly circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street,
and Benton Street in Iowa City, Iowa, be given second vote. The Mayor declared the
motion carried.
Moved and seconded that the ordinance providing that general property taxes
levied and collected each year on all property located within the City-University
Project I (Project No. IA R-14) Urban Renewal Plan Area of the City of Iowa City,
County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of
Iowa City, County of Johnson, Iowa City Community School District and other taxing
districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said city in connection with the amended City-University Project I (Project
No. IA R-14) Urban Renewal Redevelopmerit Project, be given second vote. The
Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 9, entitled "Motor
Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking
Violations," subsection a, entitled "lmpoundment of Bicycles" to allow the city to
impound abandoned bicycles, be given second vote. The Mayor declared the motion
carried.
Moved and seconded to set a public hearing for December 11 on an
ordinance amending City Code Section 1-9-3B of the Code of Ordinances
establishing the boundaries of the voting precincts. The Mayor declared the motion
carried.
Moved and seconded to adopt RES. 01-373, AUTHORIZING THE ISSUANCE
AND SALE OF VARIABLE RATE DEMAND REVENUE BONDS (ACT, INC.)
SERIES 2001 IN AN AGGREGATE PRINCIPAL AMOUNT OF $40,000,000; THE
EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID
Official Actions
November 27, 2001
Page 5
BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN
SAID CITY AND ACT, INC. PROVIDING FOR THE REPAYMENT OF THE LOAN
PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT
OBLIGATION; THE EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT RELATING TO THE SALE OF SAID BONDS; AND RELATED
MATTERS.
Moved and seconded to approve tax exemption certificate for issuance
$10,250,000 Sewer Revenue Bonds, Series 2001. The Mayor declared the motion
carried.
Moved and seconded to approve continuing disclosure certificate for issuance
$10,250,000 Sewer Revenue Bonds, Series 2001. The Mayor declared the motion
carried.
Moved and seconded to adopt RES. 01-374, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF
$10,250,000 SEWER REVENUE BONDS, SERIES 2001, OF THE CITY OF IOWA
CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND
PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS.
Moved and seconded to adopt RES. 01-375, ESTABLISHING FEES FOR
SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION
SERVICES DEPARTMENT.
Moved and seconded to adopt RES. 01-376, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT WITH MOORE CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE-FAMILY HOME UNDER
THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM (1812 B
STREET).
Moved and seconded to adopt RES. 01-377, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE RECREATION AND CIVIC CENTER
HVAC AND PLUMBING REPLACEMENT PROJECT.
Moved and seconded to adopt RES. 01-378, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT SANITARY SEWER
EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
OWNERS OF 438 CLARK STREET, IOWA CITY, IOWA.
Moved and seconded to adopt RES. 01-379, AUTHORIZING THE
ACQUISITION OF PROPERTY LOCALLY KNOWN AS 656 S. GOVERNOR
STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING
THE NUISANCE. John Wakefield, 11 Leisure Lane, McCook Lake, SD, appeared.
Moved and seconded to adopt RES. 01-380, AUTHORIZING THE
ACQUISITION OF PROPERTY LOCALLY KNOWN AS 707 WALNUT STREET,
WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE
NUISANCE. Barbara Marland appeared.
The Mayor requested a motion to move up item #25 recently added to the
agenda. Moved and seconded to consider item #25 at this time. The Mayor
declared the motion carried. Moved and seconded to adopt RES. 01-381,
RATIFYING SETTLEMENT OF PENDING LITIGATION.
The Mayor noted that the vacancies on the Airport Zoning Board of
Adjustment for one appointment to fill a five year term January 1,2002 ~ December
31,2006; Board of Adjustment for one appointment to fill a five year term January 1,
2002 - January 1,2007; and the Board of Appeals for one appointment to fill a five
year term January 1,2002 - December 31, 2006, will be readvertised.
Official Actions
November 27, 2001
Page 6
Moved and seconded to make the following appointments: Human Rights
Commission - Rick Spooner, 810 W. Benton Street, Lucia-Mai Page, 903 Highland
Avenue, Bobby Peffer, 1912 Hollywood Boulevard, to fill three 3-year terms January
1,2002 - January 1, 2005; Parks and Recreation Commission - John Westefeld,
4831 Southchase Court, to fill a four year term January 1, 2002 - January 1, 2006;
Public Art Advisory Committee - Barbara Camillo, 1111 Sheridan Avenue, and Emily
Carter, Walsh, 324 N. Governor, to fill two 3-year terms January 1,2002 - January 1,
2005; Senior Center Commission - Jay Honohan, 2503 Friendship and William
Kelly, 1108 Sunset Street, for two appointments to fill two 3-year terms January 1,
2002 - December 31,2004. The Mayor declared the motion carried.
The Mayor noted the previously announced vacancies: Housing & Community
Development Commission - One vacancy to fill an unexpired term ending September
1,2002. Applications must be received by 5:00 p.m., Wednesday, November 21.
Animal Care and Adoption Center Advisory Board - One vacancy to fill an unexpired
term ending December 31,2003. Applications must be received by 5:00 p.m.,
Wednesday, December 5.
A more complete description of Council Activities is on file in the office of the City
Clerk.
s/Ernest W. Lehman, Mayor
SubmitteCl o pu ' ation-
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 27, 2001
Iowa City City Council, special meeting 6:30 p.m. at the Civic Center. Mayor
Lehman presiding. Council Members present: Champion, Lehman, O'Donnell, Pfab,
* Vanderhoef, Wilburn, Kanner (6:33 p.m.). Staff members present: Dilkes, Karr. Council
minutes tape recorded on Tape 01-106, Side 1.
Moved by Wilburn, seconded by Vanderhoef, to adjourn to executive session to
discuss strategy with counsel in matters that are presently in litigation where its
disclosure would be likely to prejudice or disadvantage the position of the governmental
body in that litigation. Affirmative roll call vote unanimous, 6/0, Kanner absent. The
Mayor declared the motion carried and adjourned into executive session at 6:33 p.m.
Council returned to open session 6:45 p.m.
* Moved by Champion, seconded by Vanderhoef, to adjourn the special meeting at
6:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
* Revised 12/13/01.
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
. ~ NOVEMBER 27, 2001 '
Iowa ~'ity ity Council, special meeting 6:30 p.m. at the Civic Cente. Mayor
Council minutes tapei'~corded on Tape 01-106, Side 1. '
Moved by WilbU , seconded by Vanderhoef, to adjourn to ecutive session to
body in that litigation. Affir~ rive roll call vote unanimous, 6/ Kanner absent The
Mayor declar.ed the motion c 'tied an.d ad!ourned into exe ti~,e session at 6:33 p.m.
6:45 p.m. The Mayor declared th motion carred un~n mous y 7/0 all Council
Members present. "',, ,,~" ' '
'~"'~"\~\ .' /~""'~est 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
NOVEMBER 27, 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. Staff members present: Atkins,
Helling, Karr, Dilkes, Franklin, Boothroy. Council minutes tape record on Tape 01-
106, Side 2, Tape 01-107, Side 1.
The Mayor presented Outstanding Student Citizen Awards to Regina
Elementary students: Stephen Grabowski, Shannon Bockenstedt, Juliana Kleist-
Mendez.
Moved by Champion, seconded by O'Donnell, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted
as amended:
Approval of Official Council Actions for special meetings of November
12 and November 13, published subject to corrections, as recommended by
the City Clerk.
Minutes of Boards and Commissions: Iowa City Airport Commission -
September 13. Iowa City Airport Commission - October 11. Iowa City Airport
Commission - October 17. Iowa City Airport Commission - October 23. Iowa
City Airport Commission - October 25. Iowa City Airport Commission -
November 1. Iowa City Public Art Advisory Committee - October 11. Iowa City
Public Library Board of Trustees -October 15. Police Citizens Review Board
- October 9.
Permit Motions and Resolutions as Recommended by the City Clerk.
New. Class B Beer Permit for All Good Things, Inc., dba The Monkey House,
1660 Sycamore St., # 50. Renewals: Special Class C Liquor License for India
Caf~ Corp., dba India Caf~, 227 E. Washington St. Refund an unused portion
of a Class C Liquor License for GMRI, Inc., dba Red Lobster #759. Class C
Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St.
Class B Wine Permit for Linn Street Caf~, Inc., dba Linn Street Caf~, 121 N.
Linn Street.
Motions: Accept Abstract of Votes for the Iowa City Election held on
November 6, 2001.
Resolutions, Bk. 126: RES. 01-368, p. 368, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE
OF LIEN REGARDING A REHABILITATION AGREEMENT, AN ADDENDUM
TO REAL ESTATE CONTRACT AND A RENTAL REHABILITATION LIEN
FOR THE PROPERTY LOCATED AT 229 SOUTH SUMMIT STREET, IOWA
CITY, IOWA. RES. 01-369, p. 369, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 629
RONALDS STREET, IOWA CITY, IOWA. RES. 01-370, p. 370,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A REHABILITATION
AGREEMENT, A STATEMENT OF LIFE LIEN AND AN AMENDED
STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1822 H
STREET, IOWA CITY, IOWA. RES. 01-371, p. 371, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HAWKEYE STATE BANK, IOWA CITY, IOWA, FOR PROPERTY LOCATED
Complete Description
November 27, 2001
Page 2
AT 1204 BROOKWOOD DRIVE, IOWA CITY, IOWA. RES. 01-372, p. 372,
FIXING DATE FOR A MEETING (December 11,2001 ) ON THE PROPOSAL
TO ENTER INTO A REVISED DEVELOPMENT AGREEMENT WITH
SEABURY & SMITH, INC. AND SOUTHGATE DEVELOPMENT COMPANY,
INC., AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Correspondence: Mark Hollingsworth - Mental Illness and Law
Enforcement. Jerry Feick - Request for assistance. Joe Peterson - First
Avenue.
Council Member Kanner acknowledged the acceptance of the Abstract of the
Election and congratulated Council Members Champion, Lehman and O'Donnell on
their re-election, and challengers Brandon Ross, Leah Cohen, and John Robertson.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Charity Rowley, Senior Center Commission, updated Council on activities at
the Center.
A public hearing was held on an ordinance to rezone .63 acres from General
Industrial, I-1, to Intensive Commercial, C1-1, located on the south side of Highway 1
West, west of Ruppert Road. No one appeared.
The Mayor stated he had a conflict of interest on the next item and left the
meeting. Mayor Pro tem O'Donnell presiding. A public hearing was held on an
ordinance to vacate West Benton Court (Oaknoll) north of Benton Street. Atty. Bob
Downer, representing Oaknoll Retirement Residence, appeared. Mayor Lehman
returned to the meeting.
The public hearing was held on an ordinance rezoning 1.38 acres from High
Density Multi-Family Residential, RM-44, to Medium Density Multi-Family
Residential, RM-20 for property located (Benton Villa) at 1045-1075 W. Benton
Street. Judith Klink, 1101 Harlocke Street, appeared. Moved by O'Donnell, seconded
by Vanderhoef, to accept correspondence from Judith Klink withdrawing her rezoning
request. The Mayor declared the motion to withdraw carried unanimously, 7/0, all
Council Members present.
A public hearing was held on an ordinance rezoning approximately 6.15 acres
from Intensive Commercial, C1-1, to Community Commercial, CC-2, located at
Commerce Drive and Liberty Drive (Fareway). Arty. Bob Downer, representing Streb
Investment Partnership, appeared. Moved by O'Donnell, seconded by Vanderhoef,
to accept correspondence signed by 11 individuals. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Pfab, seconded by O'Donnell, that the ordinance rezoning
approximately 6.15 acres from Intensive Commercial, C1-1, to Community
Commercial, CC-2, located at Commerce Drive and Liberty Drive (Fareway), be
deferred indefinitely. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Champion, seconded by Vanderhoef, that the ordinance to rezone
from Medium Density Single Family (RS-8) to Historic Preservation Overlay (RS-
8/OHP) for properties within the Longfellow Neighborhood to establish the
Longfellow Historic District, be given first vote. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Pfab, that the ordinance to rezone from
Medium Density Single Family (RS-8) to Conservation District Overly (RS-8/OCD) for
properties within the Longfellow Neighborhood to establish the Clark Street
Conservation District, be given first vote. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried.
Complete Description
November 27, 2001
Page 3
Moved by Vanderhoef, seconded by O'Donnell, that the ordinance to rezone
from Medium Density Single Family (RS-8) to Conservation District Overly (RS-
8/OCD) for properties within the Longfellow Neighborhood to establish the Dearborn
Street Conservation District, be given first vote. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Wilburn, seconded by Pfab, that the ordinance to vacate 11,800
square feet of undeveloped Kirkwood Avenue right-of-way located south of the
Church of Christ parking lot at 1320 Kirkwood Avenue, be given first vote. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Moved by Champion, seconded by O'Donnell, that the ordinance to rezone
approximately 3.07 acres from Medium Density Multifamily, RM-20, to Medium
Density Single Family, RS-8, located at 747 W. Benton Street, (Buss) 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 the ordinance to rezone
approximately 24.12 acres from Interim Development Single-Family, ID-RS, to
Sensitive Areas Overlay Low Density Single-Family, SAO-5, located east of Hickory
Trail (First & Rochester, Parts 4-6), be given second 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 Champion, seconded by Pfab, that the rezoning ordinance to
amend the OPDH plan for Village Green Part XVlll to permit nine additional
residential units on 4.33 acres of property located west of Scott Boulevard and south
of Wellington Drive, 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 Pfab, that the ordinance to rezone
approximately 14.07 acres of property from Low Density Single Family Residential,
RS-5, and Planned Development Overlay - Low Density Single Family Residential,
OPDH-5, to OPDH-5, for approximately 14.07 acres of property located south of
Village Road and north of Wintergreen Drive, 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 the ordinance amending
title 5, "Business and License Regulations," Chapter 2, "Vehicles for Hire," of the City
Code clarifying definition of Vehicles for Hire, adding requirements for certified State
of Iowa criminal history information prior to issuance of any driving badge, and
removing the requirement for a distinctive color scheme for vehicles for hire and
providing language requiring a permit from the Division of Animal Control for
operating a horse-drawn vehicle, be given first vote. Individual Council Members
expressed their views. Moved by Kanner, seconded by Pfab, to amend the
ordinance to include an appeal process in the event the Police Chief would deny an
application. The Mayor declared the motion defeated, 1/6, with the following division
of voice vote: Ayes: Kanner. Nays: Champion, Lehman, O'Donnell, Pfab, Wilburn,
Vanderhoef. Absent: None. Moved by Kanner, seconded by Pfab, to include the
Police Chief's criteria used for denying an application as part of the ordinance. The
Mayor declared the motion defeated, 1/6, with the following division of voice vote:
Ayes: Kanner. Nays: Champion, Lehman, O'Donnell, Pfab, Wilburn, Vanderhoef.
Absent: None. Moved by Champion, seconded by O'Donnell, to delete the
requirement for a permit from the Division of Animal Control for Operating a Horse
Drawn Vehicle. The Mayor declared the motion carried, 6/1, with the following
Complete Description
November 27, 2001
Page 4
division of voice vote: Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilburn. Nays: Kanner, Absent: None. Affirmative roll call vote unanimous on first
consideration of the ordinance as amended, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by Pfab, seconded by Vanderhoef, that the ordinance amending Title 6
of the City Code, entitled "Public Health and Safety" by repealing Chapter 7, entitled
"Smoking in Public Places" and enacting a new Chapter 7, entitled "Smoking in Food
Establishments, be given first vote. Moved by Vanderhoef, seconded by Pfab, to
amend the ordinance, as set forth in the City Atty. memo dated November 27, by
amending Section 6-7-5 to provide for a temporary exception from the smoking
prohibitions for changes in operation and to specifically address new businesses,
and to add a provision requiring sales of alcoholic beverages be a percentage of
gross receipts of food, beverages and alcoholic beverages (rather than all gross
receipts as currently stated). The Mayor declared the motion carried, 7/0, all Council
Members present. Individual Council Members expressed their views. Moved by
Vanderhoef, seconded by Champion, to amend the ordinance to use the State Code
definition of "public place". The Mayor declared the motion carried, 7/0, all Council
Members present. Moved by Vanderhoef, seconded by Wilburn, to amend the
ordinance to provide the percentage of sales of alcoholic beverages required for an
exception shall increase to 65% in two years. The Mayor declared the motion carried,
4/3, with the following show of hands vote: Ayes: Vanderhoef, Wilburn, Kanner, Pfab.
Nays: Champion, Lehman, O'Donnell. Absent: None. Moved by Champion,
seconded by O'Donnell, to amend the percentage from the 50/50 back to 65/35. The
following individuals appeared: Jim Mondanaro, owner of
Mickey's/Giovanni's/Mondo's; Keith Dempster, Mill; Daryl Woodson, Sanctuary; Russ
Schmeiser, Mondo's. The Mayor declared the motion to amend the ordinance back
to the 65/35 percentages defeated, 3/4, with the following division of voice vote:
Ayes: Champion, Lehman, O'Donnell. Nays: Kanner, Pfab, Vanderhoef, Wilburn.
Absent: None. The Mayor declared the motion to give first consideration to the
ordinance as amended carried, 4/3, with the following division of roll call vote: Ayes:
Vanderhoef, Wilburn, Kanner, Pfab. Nays: Champion, Lehman, O'Donnell. Absent:
None, Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from
the following individuals: Marc Abbott, Alan Achtner, Nic Arp, Paula Balkenende,
Beth Ballinger, Philip Beck, Sandy Beck, Susan Beckett, Audra Black, Chris Bock,
Diane Zaerr Brenneman, Janice & Norman Buckholtz, Elaina Buzzell, Ralph Cap,
Mike Carberry (2), Cheryl Carrington, Susan Chambers, James Christensen, Tom
Chute, Cheryl Clamon, Stefanie Cook, John Cord, L. Graham Dameron, Jennifer
Danielson (2), Stephanie DeMarr, Kristen Darrah, Dam Dempster, Katharine
Dengler, Carol DeProsse, Shelly Deutsch, Caroline Dieterie, Dave Dowell, James
Dreier, Scott Duncan, Theresa Dunnington, Dennis Dunnwald, Martine Dunnwald,
Sandy Dyas, Barbara Elias, Emily Embree, Patricia Ephgrave, Mary Ervanian, Kara
&Stan Fellows, John Ferguson, Bill Field (3), Eileen Fisher (2), Mickey Fixsen, Jason
Fowler, Bila Frank, Susan Futrell, Thomas Gates, Roger Gingrich, Renee Gould, Dai
Gwilliam, Bradley Harris, Laurie Haag, Nila Haug, Anton Hatwich, Lucille Heitman,
Betsy Hickok, Ted Hofmann, Brook Hoover, Brian Hutchinson, Ryan Hutchinson,
Charles Jacoby, Will Jennings, Beth Jones, Steve Jones, John Kammermeyer,
Cassandra and Kemp Kernstine, Sally Konrady, Rick Kaster, Lisa Kessler, Randy
Kurk, John Lake, Mark Langgin, Marcia Leanhart, Christopher Logue, Bonnie Love,
Saul Lubaroff, Walter Maley, Kembrew McLeod, Corey McSparen, John & Lesley
Menninger, Kirsten Meredith, Kris Meyer, Matthew Millard, Elyse Miller (2) including
cover letter for petitions with 141 signatures, Dave Moore, Jeffrey Morgan, Dan
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November 27, 2001
Page 5
Mueller, Kathryn Musilek, Julie Muskovich, Shawn Neary, Chris Offutt, Irving &
Margaret O'Harra, Kevin Owens, Bradley Payne, Coleen Peterson, Jim Peterson,
Joe Peterson, Dorsey Phelps, John Previant, Sarah Prineas, John Raeburn, Shanti
Rail, Bo Ramsey, John Reimringer, Elizabeth Reynolds, Janelie Rettig, Douglas
Roberson, Jerry Roberrs, Laura Routh, Barbara & Ronald Ruth, Mike Samos, Brent
Sandy, Stacy Savage-Webster, Daryl Sawin, Tamara Schoenbaum, Richard Shirk,
Audrey Silk, Nancy Slach, Katie Sparks, Eric Straumanis, Renee Sueppel, Joe Svec,
Roger & Dee Swartzendruber, Bob Thompson, Bob Thompson (2), Sam Thompson,
Tobias Andrew Veeder, Stanley Wackerman, Susan Well, Patrick White, Barb
Widstrom, Steve Winkler, Aaron Wolfe, Stuart Wood, Joan Wulff. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending
the Iowa City Unified Development Code by establishing a temporary moratorium on
development within the area roughly circumscribed by Miller Avenue, U.S. Highway
1, Hadocke Street, and Benton Street 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 Wilburn, that the ordinance providing that
general property taxes levied and collected each year on all property located within
the City-University Project l (Project No. IA R-14) Urban Renewal Plan Area of the
City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the
State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School
District and other taxing districts, be paid to a special fund for payment of principal
and interest on loans, monies advanced to and indebtedness, including bonds
issued or to be issued, incurred by said city in connection with the amended City-
University Project I (Project No. IA R-14) Urban Renewal Redevelopment Project, be
given second vote. The Mayor declared the motion carried, 5/2, with the following
division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilbum.
Nays: Kanner, Pfab. Absent: None.
Moved by O'Donnell, seconded by Champion, that the ordinance amending
Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6,
entitled "Parking Violations," subsection a, entitled "lmpoundment of Bicycles" to
allow the city to impound abandoned bicycles, 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 Pfab, to set a public hearing for December
11 on an ordinance amending City Code Section 1-9-3B of the Code of Ordinances
establishing the boundaries of the voting precincts. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Pfab, seconded by O'Donnell, to adopt RES. 01-373, Bk. 126, p.
373, AUTHORIZING THE ISSUANCE AND SALE OF VARIABLE RATE DEMAND
REVENUE BONDS (ACT, INC.) SERIES 2001 IN AN AGGREGATE PRINCIPAL
AMOUNT OF $40,000,000; THE EXECUTION AND DELIVERY OF A TRUST
INDENTURE TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A
LOAN AGREEMENT BETWEEN SAID CITY AND ACT, INC. PROVIDING FOR THE
REPAYMENT OF THE LOAN PROCEEDS OF SAID BONDS AND THE SECURING
OF SAID REPAYMENT OBLIGATION; THE EXECUTION AND DELIVERY OF A
BOND PURCHASE AGREEMENT RELATING TO THE SALE OF SAID BONDS;
AND RELATED MATTERS. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Complete Description
November 27, 2001
Page 6
Moved by Pfab, seconded Champion, to approve tax exemption certificate for
issuance $10,250,000 Sewer Revenue Bonds, Series 2001. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Pfab, to approve continuing disclosure
certificate for issuance $10,250,000 Sewer Revenue Bonds, Series 2001. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-374, Bk.
126, p. 374, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $10,250,000 SEWER REVENUE BONDS, SERIES
2001, OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE
CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID
BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-375, Bk. 126,
p. 375, ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA
CITY HOUSING AND INSPECTION SERVICES DEPARTMENT. 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 O'Donnell, seconded by Pfab, to adopt RES. 01-376, Bk. 126, p.
376, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A CONTRACT WITH MOORE CONSTRUCTION
COMPANY FOR THE CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE-
FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES
PROGRAM (1812 B STREET) to Moore Construction Company for $157,000. HIS
Director Boothroy 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. 01-377, Bk. 126, p.
377, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
RECREATION AND CIVIC CENTER HVAC AND PLUMBING REPLACEMENT
PROJECT to Ace Refrigeration for $ 484,551.00. 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. 01-378, Bk. 126, p.
378, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
PERMANENT SANITARY SEWER EASEMENT AGREEMENT BETWEEN THE
CITY OF IOWA CiTY AND THE OWNERS OF 438 CLARK STREET, IOWA CITY,
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 adopt RES. 01-379, Bk. 126,
p. 379, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS
656 S. GOVERNOR STREET, WHICH IS A PUBLIC NUISANCE, FOR THE
PURPOSE OF ABATING THE NUISANCE. John Wakefield, 11 Leisure Lane,
McCook Lake, SD, appeared. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 01-380, Bk. 126,
p. 380, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS
707 WALNUT STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE
OF ABATING THE NUISANCE. Barbara Marland appeared. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Complete Description
November 27, 2001
Page 7
The Mayor requested a motion to move up item #25 recently added to the
agenda. Moved by Wilburn, seconded by Pfab, to consider item #25 at this time.
The Mayor declared the motion carried unanimously, 7/0, all Council Members
present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 01-381, Bk.
126, p. 381, RATIFYING SETTLEMENT OF PENDING LITIGATION, 426 Bayard
Street. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted
The Mayor noted that the vacancies on the Airport Zoning Board of
Adjustment for one appointment to fill a five year term January 1,2002 - December
31,2006; Board of Adjustment for one appointment to fill a five year term January 1,
2002 - January 1,2007; and the Board of Appeals for one appointment to fill a five
year term January 1, 2002 - December 31, 2006, will be readvertised.
Moved by Q'Donnell, seconded by Pfab, to make the following appointments:
Human Rights Commission - Rick Spooner, 810 W. Benton Street, Lucia-Mai Page,
903 Highland Avenue, Bobby Peffer, 1912 Hollywood Boulevard, to fill three 3-year
terms January 1, 2002 - January 1, 2005; Parks and Recreation Commission - John
Westefeld, 4831 Southchase Court, to fill a four year term January 1, 2002 - January
1, 2006; Public Art Advisory Committee - Barbara Camillo, 1111 Sheridan Avenue,
and Emily Carter, Walsh, 324 N. Governor, to fill two 3oyear terms January 1, 2002 -
January 1, 2005; Senior Center Commission - Jay Honohan, 2503 Friendship and
William Kelly, 1108 Sunset Street, for two appointments to fill two 3-year terms
January 1, 2002 - December 31, 2004. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
The Mayor noted the previously announced vacancies: Housing & Community
Development Commission - One vacancy to fill an unexpired term ending September
1,2002. Applications must be received by 5:00 p.m., Wednesday, November 21.
Animal Care and Adoption Center Advisory Board - One vacancy to fill an unexpired
term ending December 31,2003. Applications must be received by 5:00 p.m.,
Wednesday, December 5.
Council Member Champion requested Council schedule discussion of
separate rooms, ventilation systems, and other possible issues concerning the
smoking in restaurants matter.
Council Member Wilbum noted the passing of Betty Simon, and stated she
had touched a number of lives in Iowa City and will be missed.
Council Member Kanner wished the Muslim Citizens well in their fast for
Ramadan which just started; and reported on his attendance at the Southgate vs.
Iowa City trial with a decision expected from the judge in the next week. In response
to Kanner, the City Attorney stated if the judge rules in the City's favor and denies the
rezoning request that the property is not subject to the moratorium currently being
considered by the Council.
Mayor Lehman requested that discussion of the Sensitive Areas Ordinance be
considered administratively rather than as a rezoning ordinance. Majority of Council
agreed to discuss the matter at an upcoming work session.
The City Manager announced the half time score was Duke 41, Iowa 32.
Moved by Vanderhoef, seconded by O'Donnell, to adjourn 9:10 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Ernest W. Lehman, Mayor
Complete Description
November 27, 2001
Page 8
Marian K. Karr, City Clerk