HomeMy WebLinkAbout2003-07-15 Council minutes 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
JULY 15, 2003
Iowa City City Council Regular meeting, 7:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Wilburn. Absent: Vanderhoef. Staff members present: Atkins, Helling, Dilkes, Kart,
Franklin, Fowler, Logsden. Council minutes tape recorded on Tape 03-61, Sides 1 &
2.
The Mayor proclaimed: Persons with Disabilities Day, July 26, Keith Ruff, PA
Peer Coordinator, accepting; The Salvation Army Soup Kitchen Week, July 20-26,
Captain Terry Smith and Wilson Miller, accepting; Irving B. Weber Day, August 9,
Darold Albright, 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 Council Actions, subject to corrections, as recommended
by the City Clerk: June 23 Special Council Work Session. June 23 Special
Council Formal Official and Complete; June 24 Special Council Formal Official
and Complete; July 1 Special Council Formal Official and Complete; July 9
Special Council Formal Official and Complete.
Receive and File Minutes of Boards and Commissions
(recommendations to Council become effective only upon separate Council
action). Historic Preservation Commission - June 5. Housing and Community
Development Commission May 15. Iowa City Board of Adjustment - May 14.
Iowa City Public Library Board of Trustees - May 22. Parks and Recreation
Commission - June 11. Planning and Zoning Commission - June 5. Police
Citizens Review Board - May 27.
Recommendations to Council: 1 ) Approve removal of a member for
excessive absences and appoint new board member. 2) Approve a 60-
day extension to complete Public Report on #03-01. [Council
considered and approved these recommendations at their June 10
Formal Meeting.]
Public Art Advisory Committee - May 1. Senior Center Commission -
December 17. Senior Center Commission - March 24. Senior Center
Commission - April 15.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Five 14 day Class C Liquor Licenses for W R Restaurants Management,
LLC, dba Minerva's Grill & Bar, 2208 N. Dodge St. Class C Liquor License for
I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St. Five day
Class B Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun
Festival, 2120 Rochester Ave. Renewals: Class C Beer Permit for FAP
Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave. Class C Beer
Permit for Krause Gentle, Corp., dba Kum & Go #422,513 S. Riverside Dr.
Class C Beer Permit for Hartig Drug Co., Inc., dba Hartig Drug Store #10,701
Mormon Trek Blvd. Class B Wine Permit for Hartig Drug Co., Inc., dba Hartig
Drug Store #10,701 Mormon Trek Blvd. Class E Liquor License for Hartig
Drug Co., Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. Class C
Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba
Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 West. Class C
Liquor License for Green Room, Inc., dba Green Room, 509 S. Gilbert St.
Class C Liquor License for New Walt's, Ltd., dba Memories, 928 Maiden
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July 15, 2003
Page 2
Lane. Class C Beer Permit for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave.
Class B Wine Permit for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. Class
E Liquor License for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. Class C
Liquor License for Roy L. Chopek Post #17 dba American Legion Roy L.
Chopek Post #17, 3016 Muscatine Ave. Class C Liquor License for Vito's of
Iowa City, Inc., dba Vito's, 118 E. College St. Class C Liquor License for
KLDP, Inc., dba One Twenty Six, 126 E. Washington St. Class C Liquor
License for Etre, LLC, dba Etc., 118 S. Dubuque St. RES. 03-209, TO ISSUE
DANCE PERMITS for Etre, LLC, dba Etc., 118 S. Dubuque St.; New Walt's,
Ltd., dba Memories, 928 Maiden Lane; Green Room, Inc., dba Green Room,
509 S. Gilbert St.; Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba
Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 West.; I.C. Mill
Associates, L.L.C, dba Mill Restaurant, 120 E. Burlington St (New); Iowa City
Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2120 Rochester Ave.
(New)
Setting Public Hearings: RES. 03-210, SETTING A PUBLIC HEARING
for August 19, 2003, ON AMENDING THE FY2004 OPERATING BUDGET.
RES. 03-211, INTENT TO CONVEYA SINGLE FAMILY HOME LOCATED AT
1528 CROSBY LANE TO A PUBLIC HOUSING PROGRAM TENANT AND
SETTING A PUBLIC HEARING FOR AUGUST 19, 2003. RES. 03-212,
SETTING A PUBLIC HEARING for August 19 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE IOWA HIGHWAY 1 (DODGE STREET)/
NORTHGATE DRIVE TRAFFIC SIGNAL PROJECT, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION. RES. 03-213, SETTING A PUBLIC HEARING for August 19
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE SCOTT PARK TRUNK 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.
Resolutions: RES. 03-214, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND WELLS FARGO HOME
MORTGAGE, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 5
CAROLINE COURT, IOWA CITY, IOWA. RES. 03-215, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE
OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
2124 WESTERN ROAD, IOWA CITY, IOWA. RES. 03-216, 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, IOWA CITY, IOWA FOR PROPERTY LOCATED
3416 SHAMROCK DRIVE, IOWA CITY, IOWA. RES. 03-217, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
MORTGAGE ELECTRONICS REGISTRATION SYSTEMS INC., AS
NOMINEE FOR WASHTENAW MORTGAGE COMPANY, ITS
SUCCESSORS AND/OR ASSIGNS, ANN ARBOR, MICHIGAN FOR
PROPERTY LOCATED 424 VAN BUREN STREET, IOWA CITY, IOWA.
RES. 03-218, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
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July 15, 2003
Page 3
TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND KLDP INC.
D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFI~. RES. 03-219,
ACCEPTING THE WORK FOR THE SCOTT BOULEVARD LANDSCAPE -
FIRST AVENUE TO ROCHESTER AVENUE PROJECT. RES. 03-220,
ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL FY02 CELL
CONSTRUCTION PROJECT. RES. 03-221, ACCEPTING THE WORK
FOR THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET
BOOSTER STATION PROJECT. RES. 03-222, ACCEPTING WORK FOR
THE SANITARY SEWER, PUBLIC IMPROVEMENTS FOR THE
RESUBDIVISION OF LOT 236, WASHINGTON PARK, PART 11, AND
AUDITOR'S PARCEL 2001023, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-223,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER,
WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WILD
PRAIRIE ESTATES - PART 4, AND DECLARING PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE. RES. 03-224, ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER
MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN -
PART XXII, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE. RES. 03-225, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE USTEP PROJECT -
IOWA HIGHWAY 1 (DODGE STREET) / NORTHGATE DRIVE TRAFFIC
SIGNAL PROJECT (UST-1-5(75)--4A-52). RES. 03-226, APPROVING THE
SIGNAGE FOR "ZEPHYRS" LOCATED AT 124 E. WASHINGTON STREET.
RES. 03-227, PETITIONING THE IOWA CONGRESSIONAL DELEGATION
TO SUPPORT THE NATIONAL HOUSING TRUST FUND ACT OF 2003
(HR1102) THAT WILL CREATE, REHABILITATE AND PRESERVE 1.5
MILLION UNITS OF AFFORDABLE HOUSING IN THE UNITED STATES
OVER THE NEXT 10 YEARS. RES. 03-228, SUPPORTING THE WATER-
WORKS PARK PRAIRIE PROJECT AND AUTHORIZING THE MAYOR TO
SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA
DEPARTMENT OF NATURAL RESOURCES.
Correspondence: Ron Hall regarding Dunk Tank [staff response
included]. Patricia Ephgrave (JC Task Force on Aging) regarding The Name of
the Senior Center. Gary Hagen regarding Cable TV Rates [staff response
included]. Amy Correia (HCDC) regarding Sale of Parcel 64-1 a Proceeds to
HCDC for Reallocation. Mollie Schlue (l:nglert) regarding Fundraiser. Justine
Zimmer regarding Englert. Neighborhood Council regarding Appreciation.
Vicki Jennings (Iowa Arts Festival) regarding Appreciation. Jack Denton
regarding Youth Camp. Flora Cassiliano regarding United Natural Foods
Expansion [staff response included]. Donald Baxter regarding Parking and
Parking Tickets in Iowa City. Richard Lampkin regarding Correspondence
between Mr. Lampkin and AUR Property Management. JCCOG Traffic
Engineering Planner: Installation of NO PARKING ANYTIME Signs on Both
Sides of the N. Dubuque Street Frontage Road between Bjaysville Lane and
Ventura Avenue; Approval of STOP Signs at Nine Intersections along Old
Highway 218 due to transfer of jurisdiction of Highway 921; Installation of a
STOP Sign at the Intersection of Court Street and Berkeley Lane.
Complete Description
July 15, 2003
Page 4
Council Member Kanner noted the 6/11 minutes of the Parks & Recreation
Commission regarding snow removal on 8 foot sidewalks, and stated Council wanted
to discuss at a work session. The City Manager stated the matter would be
scheduled and would notify the Commission. In response to Council Member
Kanner, the City Manager stated that staff would be providing information in August
or September regarding the status of County appointees to the Commission, as well
as by-law changes. Council Member Kanner noted a letter received regarding a
Senior Center name change to "The Center", and questioned the status of the name
change. The City Manager stated he thought they were just using an abbreviated
version of the full name. Council Member noted stated he was happy to be
supporting a resolution petitioning our Iowa Congressional Delegates to support the
National Housing Trust Fund Act of 2003 and thanked the Housing and Community
Development Commission for keeping Council informed. Council Member Kanner
noted the recent letter stating a concern over the high price of cable television, and
stated a possible solution might be municipal ownership. Affirmative roll call vote
unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried.
A public hearing was held on an ordinance conditionally rezoning 5.69 acres
from Low-Density Single-Family Residential (RS-5) to Low-Density Multi-Family
Residential (RM-12)located at 1715 Mormon Trek Boulevard (All Nations Baptist
Church). No one appeared. (See comments after item #5e later in the meeting).)
Moved by Champion, seconded by O'Donnell, to defer to August 19 the
ordinance changing the zoning designation of approximately 6.1 acres from County
RS, Suburban Residential, to C1-1, Intensive Commercial for property located west of
Dane Road, east of Mormon Trek Boulevard extended, be passed and adopted.
Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the
motion carried.
Moved by Champion, seconded by Pfab, to defer to August 19 the ordinance
changing the zoning designation of approximately 144 acres from County CH, C2,
R1A, RS & A1 to P, Public, CH-l, Highway Commercial, C1-1, Intensive Commercial,
and ID-RS, Suburban Residential, for property generally located east of Highway
218, west of the Iowa City Airport, and both north and south of Highway 1, be passed
and adopted. Affirmative roll call vote unanimous, 6/0, all Council Members present.
The Mayor declared the motion carried.
Moved by O'Donnell, seconded by Champion, to adopt RES. 03-229,
APPROVING A FINAL PLAT OF HIGHLAND WOODS, A 6.92-ACRE, lO-LOT
RESIDENTIAL SUBDIVISION LOCATED WEST OF CUMBERLAND LANE.
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. 03-230,
APPROVING A PRELIMINARY PLAT OF PINE RIDGE ADDITION, A
RESUBDIVISION OF LOTS 17, 18, 19 AND 20 OF MEADOW RIDGE PART TWO,
A 2.21-ACRE, 2-LOT SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF
MEADOW RIDGE LANE AND NORTH DUBUQUE STREET. The Mayor declared
the resolution adopted, 5/1, with the following division of roll call vote. Ayes: Wilburn,
Champion, Kanner, Lehman, O'Donnell. Nays: Pfab. Absent: Vanderhoef.
Council Member Wilburn noted that some individuals were present for the
public hearing on conditionally rezoning 1715 Mormon Trek Boulevard (All Nations
Baptist Church) and questioned if the public hearing could be reopened. The Mayor
stated he would take comments at this time. Jong Koo Lee, senior pastor of All
Nations Baptist Church, appeared. Individual Council Members expressed their
views. PCD Director Franklin present for discussion.
Complete Description
July 15, 2003
Page 5
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-231,
APPROVING A FINAL PLAT OF PINE RIDGE ADDITION, A RESUBDIVISION OF
LOTS 17, 18, 19 AND 20 OF MEADOW RIDGE PART TWO, A 2.21-ACRE, 2-LOT
SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF MEADOW RIDGE
LANE AND NORTH DUBUQUE STREET. The Mayor declared the resolution
adopted, 5/1, with the following division of roll call vote. Ayes: Champion, Kanner,
Lehman, O'Donnell. Nays: Pfab. Absent: Vanderhoef.
Moved by O'Donnell, seconded by Wilbum, to defer to August 19, a resolution
approving the final plat of the Peninsula Neighborhood, Second Addition, Iowa City,
Iowa. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent.
A public hearing was held on an ordinance amending title 3, "City Finances,
Taxation, and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds Fines
and Penalties" by amending Section 6, "Public Transportation," and establishing
under "Special Fares" a fare of 25 cents for the downtown shuttle bus. No one
appeared.
Moved by O'Donnell, seconded by Champion, that the ordinance amending
Title 3, "City Finances, Taxation, and Fees," Chapter 4, "Schedule of Fees, Rates,
Charges, Bonds Fines and Penalties" by amending Section 6, "Public
Transportation," and establishing under "Special Fares" a fare of 25 cents for the
downtown shuttle bus, be given first vote. Parking & Transit Director Fowler and
Transit Manager Logsden present for discussion. Individual Council Members
expressed their views. The Mayor declared the motion defeated 3/3, with the
following division of roll call vote. Ayes: Lehman, O'Donnell, Champion. Nays:
Kanner, Pfab, Wilburn. Absent: Vanderhoef.
A public hearing was held on plans and specifications for the construction of
the Court Street Transportation Center 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 Champion to adopt RES. 03-232,
APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE
COURT STREET TRANSPORTATION CENTER 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. Parking and Transportation Director Fowler
present 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: Lehman, O'Donnell, Pfab, Wilburn, Champion. Nays: Kanner. Absent:
Vanderhoef.
Moved by Wilburn, seconded by Champion, to adopt RES. 03-233,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AND
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
OPN ARCHITECTS INC. FOR ARCHITECTURAL DESIGN SERVICES (Court Street
Transportation Center). The Mayor declared the resolution adopted, 5/1, with the
following division of roll call vote. Ayes: O'Donnell, Pfab, Wilburn, Champion. Nays:
Kanner. Absent Vanderhoef.
Moved by O'Donnell, seconded by Kanner, to defer to August 19, the
ordinance amending Title 6, Chapter 1 (Nuisances) of the Code of Ordinances of the
City of Iowa City by adding Standards and Procedures to control the number of
vehicles parked, stored, placed, or kept outside on private property. Sandra and
James Thomas, 131 N. First Avenue, appeared. Individual Council Members
expressed their views. Moved by Pfab, seconded by Wilburn to accept
Complete Description
July 15, 2003
Page 6
correspondence from James Thomas; Steven Nelson; and Morgan Forbes. The
Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. The Mayor
declared the motion to defer carried, 5/1, with the following show of hands vote.
Ayes: Wilburn, Champion, Kanner, Lehman, O'Donnell. Nays: Pfab. Absent:
Vanderhoef.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-234,
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CIVIC
CENTER NORTH COURT TRANE HVAC PROJECT to Climate Engineers, Inc. of
Cedar Rapids, IA for $46,366. 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. 03-235,
ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF
PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR
CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE
JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER
AS PROPERTY TAXES. City Clerk Karr noted the exhibit had been revised to show
two properties paid. 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. 03-236, ON
UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2004 FOR THE
CITY MANAGER ($136,926.40), CITY ATTORNEY ($57,295.68/60% FTE), AND
CITY CLERK ($73,860.80). Individual Council Members expressed their views.
Moved by Kanner, that the raises be based on the average of the absolute raises of
the bargaining raises in AFSCME Unit 1 in Iowa City. The Mayor declared the motion
dead for lack of a second. The Mayor declared the resolution adopted 4/2, with the
following division of roll call vote. Ayes: Wilbum, Champion, Lehman, O'Donnell.
Nays: Kanner, Pfab. Absent: Vanderhoef.
Moved by O'Donnell, seconded by Champion, to grant a 30-day extension to
the Police Citizens Review Board for the filing of the public repor~ with the City
Council on Complaint #03-02. The Mayor declared the motion carried unanimously,
6/0, Vanderhoef absent.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-237,
AUTHORIZING INDEMNIFICATION FOR PUNITIVE DAMAGE CLAIMED IN
LAWSUITS AGAINST CITY EMPLOYEES IN CONNECTION WITH THEIR
INVESTIGATIONS OF CRIMINAL ACTIVITY AND SUBSEQUENT ARRESTS OF
INDIVIDUALS. City Atty. Dilkes stated the resolution indemnified employees names
in three lawsuits. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The
Mayor declared the resolution adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 03-238, OF INTENT
TO CONVEY THE PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD,
SECOND ADDITION IN IOWA CITY, IOWA, TO TERRY L. STAMPER HOLDINGS,
L.L.C., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCES FOR
AUGUST 19, 2003. Developer Terry Stamper appeared. Affirmative roll call vote
unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted.
Developer Terry Stamper updated Council on the Peninsula Development
project.
The Mayor announced there were no applications for the following vacancies:
Airport Zoning Board of Adjustment for one appointment to fill an unexpired term
ending December 31,2003.; Airport Zoning Commission for one appointment to fill
an unexpired term ending December 31,2003. Staff will not publish additional
Complete Description
July 15, 2003
Page 7
notices after a period of six publications; but will continue to advertise this vacancy
with postings and on the Council agenda. However, no additional publication costs
will be incurred; Historic Preservation Commission for one appointment for a
Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006,
and noted vacancy would be readvertised.
Moved by O'Donnell, seconded by Champion, to defer to August 19,
appointments to the Housing and Community Development Commission for three
appointments to fill three-year terms September 1, 2003 - September 1, 2006. The
Mayor declared the motion carried, 5/0, with the following division of roll call vote.
Ayes: Champion, Kanner, Lehman, O'Donnell, Pfab, Wilburn. Abstaining: Wilburn.
Absent: Vanderhoef.
The Mayor noted the previously-announced vacancies: Library Board of
Trustees for one vacancy to fill six-year terms July 1, 2003 - July 1,2009; Police
Citizens Review Board for one vacancy for a current or former Peace Officer to fill an
unexpired term ending September 1,2005. The City Council also reserves the right,
for good cause shown, to waive the requirement that the Board include one current
or former peace officer as that term is defined by State law. Applications must be
received by 5:00 p.m., Wednesday, August 13.
Council Member O'Donnell encouraging everyone to get out and enjoy Irving
Weber Day.
Council Member Wilburn congratulated the Arrow Hawks on their successful radio
controlled airplane event and gathering food for the Crisis Center; and thanked
Jonathan Narcisse from the State of Iowa Black Initiative for attending a hearing
about the health of African Americans in Iowa, and the County Board of Supervisors
for allowing him to conduct the hearing.
Council Member Kanner encouraged people to get out and meet presidential
candidates visiting Iowa; noted special events such as the Longfellow Garden Tour,
Shakespeare in the Park, and the Iowa City Softball League; congratulated Riverside
Theatre for their presentation of A Midsummer's Night Dream; encouraged citizens to
attend the joint meeting of area City Council's, School Board, and County
Supervisors on July 16, noting a discussion of students at risk scheduled that
evening; announced a FAIR meeting for July 16; noted his appreciation on the Army
Corp of Engineers decision regarding development of a Muslim camp.
Mayor Lehman stated Council would be receiving the airport's strategic plan
prior to the August 18 work session, noting he had made it a point to encourage
distribution of the report well ahead of the meeting; and congratulated the community
on the successful completion of the fund drive for the Englert Theatre.
Council Member Wilbum reported that the Student Senate ABC (Alcohol and
Bar Committee) would be meeting soon.
Moved by O'Donnell, seconded by Wilburn, to adjourn regular meeting at 8:35
p.m. The Mayor declared the motion carried unanimously, ~ Vanderhoef absent.
Mar~m K. Karr, City Clerk
City of Iowa City
MEMORANDUM
Date: June 23, 2003
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, June 23, 2003, 6:33 PM in Emma J. Harvat Hall
Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn
Staff: Atkins, Helling, Dilkes, Karr, Franklin, O'Malley, Mansfield
Tapes: 03-49, Both Sides; 03-55, Side 1
(A complete transcription is available in the City Clerk's Office)
PLANNING & ZONING ITEMS
PCD Director Franklin presented information on the following items:
A. SETTING A PUBLIC HEARING FOR JULY 15 ON AN ORDINANCE CONDITIONALLY
CHANGING THE ZONING DESIGNATION OF 5.69 ACRES FROM RS-5, LOW-DENSITY
SINGLE-FAMILY RESIDENTIAL, TO RM-12, LOW-DENSITY MULTI-FAMILY
RESIDENTIAL, FOR PROPERTY LOCATED AT 1715 MORMON TREK BOULEVARD.
(All Nations Baptist Church I REZ03-00018)
B. ORDINANCE AMENDING THE CITY CODE TITLE 14, CHAPTER 6, ENTITLED,
"ZONING," ARTICLE G, ENTITLED "OFFICE AND RESEARCH PARK ZONE (ORP)"
AND ARTICLE L, ENTITLED "PROVISIONAL USES, SPECIAL EXCEPTIONS, AND
TEMPORARY USES." (Mid American Energy)
C. ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY
(OPDH-5) PLAN FOR THE PENINSULA NEIGHBORHOOD BY AMENDING THE
PENINSULA NEIGHBORHOOD CODE AND REGULATING PLAN. (REZ03-O0016)
(SECOND CONSIDERATION)
D. ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1.1
ACRES FROM CB-2, CENTRAL BUSINESS DISTRICT SERVICE, TO PRM, PLANNED
HIGH DENSITY RESIDENTIAL FOR PROPERTY LOCATED ON THE EAST SIDE OF
SOUTH DUBUQUE STREET SOUTH OF COURT STREET. ( Clark / 400 S. Dubuque I
REZ03-00012) (FIRST CONSIDERATION)
E. ORDINANCE REZONING 6.91 ACRES FROM MEDIUM-DENSITY SINGLE-FAMILY (RS-
8) TO SENSITIVE AREAS OVERLAY MEDIUM-DENSITY SINGLE-FAMILY (OSA-8) FOR
A PROPERTY LOCATED AT 1515 NORTH DUBUQUE ROAD. (Donohue ! REZ03-00010)
(PASS AND ADOPT)
Council Work Session
June 23, 2003
Page 2
F. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF THE DONAHUE
SUBDIVISION, IOWA CITY, IOWA, (SUB03-00002)
G. ORDINANCE REZONING 6.92 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO
LOW DENSITY SINGLE-FAMILY (RS-5) FOR PROPERTY LOCATED WEST OF
CUMBERLAND LANE SOUTH OF SCOTT PARK. (Highland Woods / REZ03-
000141SU B03-00013) (PASS AN D ADOPT)
H. RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIGHLAND WOODS, A 10-
LOT 6.92-ACRE SUDBIVSlON LOCATED WEST OF CUMBERLAND LANE, SOUTH OF
SCOTT PARK. (SUB03-00013)
I. ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 6.1
ACRES FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO C1-1, INTENSIVE
COMMERCIAL FOR PROPERTY LOCATED WEST OF DANE ROAD, EAST OF
MORMON TREK BOULEVARD EXTENDED. (REZ01-00017) (PASS AND ADOPT)
J. ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144
ACRES FROM COUNTY CH, C2, R1A, RS & A1 TO P, PUBLIC, CH-l, HIGHWAY
COMMERCIAL, C1-1, INTENSIVE COMMERCIAL, AND ID-RS, SUBURBAN
RESIDENTIAL, FOR PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218,
WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY
1. (REZ03-00013) (PASS AND ADOPT)
K. RESOLUTION APPROVING A FINAL PLAT OF HOLLYWOOD MANOR, PART 8.
(SUB03-00012)
L. RESOLUTION APPROVING A FINAL PLAT OF GALWAY HILLS, PART 7, IOWA CITY,
IOWA, (SUB03-00017)
AGENDA ITEMS
1. (Item #6 - Resolution approving ... HVAC Project .... ) In response to Mayor Pro tern
Vanderhoef, the Mayor stated Council would be going out for bids on the project.
COUNCIL APPOINTMENTS
Housing & Community Development Commission - no applications; readvertise;
Council Member Wilburn stated he would be abstaining from discussion of membership
on the Commission due to a conflict of interest
Police Citizens Review Board - appointed Candy Barnhill
(Break for special formal meeting)
Council Work Session
June 23, 2003
Page 3
COUNCIL TIME
1. Mayor Lehman requested Council Members set a time for staff evaluations at their formal
meeting the next evening.
2. In response to Council Member Kanner, three Council Members agreed to place discussion
of the Housing Trust Fund endorsement request from HCDC on the next work session.
BAR/STUDENT ALCOHOL TASK FORCE (#3g(1) 6/24 Consent Calendar)
Mayor Lehman suggested the discussion of the Task Force be moved ahead of the budget
reduction update, and a majority of Council agreed. Nate Green, UISG President, appeared
requesting Council representation on the Alcoholic and Bar Committee (ABC). Council agreed
to appoint Council Member Wilburn as their representative to this independent committee, along
with an officer from the Police Department.
BUDGET REDUCTION UPDATE (IP1 and IP2 of 6/19 Information Packet)
Council referred to the 6/17 "City of Iowa City FY04 Budget Revisions Progress Update -
through 5/19/03 Work Session" and agreed to following:
· Elimination of neighborhood newsletters- withdrawn
· Elimination of PIN grants from General Fund - withdrawn
· Charge a 25 cent fare for Downtown Shuttle - approved, review in one year
Council proceeded to review the "Options" as agreed to the following:
1. Right-of-way fee for water, sewer, and storm water utilities - staff to report back on
establishing fee for management costs
2. Eliminate selected Boards and Commissions - no interest
3. Eliminate transit service after 7 PM - schedule transit system discussion for upcoming work
session
4. Increase rents for airport lease payments - discuss after business plan is submitted
5. Impact of proposed nuisance abatement ordinance - Staff preparing report on options for
administering housing code differently
6. Assess capital improvement projects - wait
7. Review Planning and development fees - done some and will continue to review
8. Review biennial deer kill - leave in
9. Restructure internal loans to airport - discuss after business plan is submitted
10. Renegotiate SEATS agreement - no interest
11. Expand advertising on buses - no interest in painting; pursue other options for advertising
12. Eliminate selected membership participation - leave alone
14. Eliminate ECICOG assessment payment - leave alone
15. Increase Parks & Recreation fees - refer back to Parks & Recreation Commission
16. Eliminate downtown shuttle - no interest
17. Consider "Adopt A Trail" Program - Nice idea, more thought regarding price
Council Work Session
June 23, 2003
Page 4
18. Rental of Salvage Barn - pursue to DVP
Council discussed the memo from Council Member Kanner (IP2 of 6/19 information packet),
and agreed to the following:
I) Airport Budget - previously discussed
II) Senior Utility Technician in Public Works - Pursue, staff needs time to review
III) Road Use tax to fund eligible projects and personnel - contact IDOT and School District,
research legalities
IV) Landfill surplus/reserves - issues identified, no decision
Council discussed the memo distributed by Mayor Pro tem Vanderhoef hard copy in last week's
packet, and agreed to the following:
a. Eliminate 2 FTE from Library - no interest
b. Parkland acquisition fund remain in tact - retain $50,000 per year for three years
Meeting adjourned 10:15 PM.
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $
OFFICIAL COUNCIL ACTIONS - 6/23/03
Iowa City City Council special meeting, 7:00 p.m. at the Civic Center. Mayor
Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell,
Pfab, Vanderhoef, Wilburn. Absent: None.
A public hearing was held on the appeal to City Council of the decision of the
Historic Preservation Commission denying the Certificate of Appropriateness for the
application of vinyl siding to a duplex at 815-17 S. Summit Street, which appeal was
filed with the City Clerk on May 16, 2003, by applicant Frank Fleming. The following
individuals appeared: Applicant Frank Fleming; G. T. Karr, Sueppel's Vinyl Siding;
and Historic Preservation Commissioners Mike Maharry and Mike Gunn.
Moved and seconded affirming the decision of the Historic Preservation
Commission denying the Certificate of Appropriateness for the application of vinyl
siding to a duplex at 815-17 S. Summit Street, which appeal was filed with the City
Clerk on May 16, 2003, by applicant Frank Fleming. The Mayor declared the motion
carried. Moved and seconded to accept correspondence from G.T. Karr. The Mayor
declared the motion carried.
A public hearing was held on the appeal to the City Council of the decision of
the Historic Preservation Commission denying the Certificate of Appropriateness for
the enclosure of a sun porch at 520 Grant Street, which appeal was filed with the
City Clerk on June 2, 2003, by applicants Connie Webb and Shelley Brighi. The
following individuals appeared: Applicant Connie Webb; Drew Davis, Home Town
Restyling; and Historic Preservation Commissioners Mike Maharry and Mike Gunn.
Moved and seconded affirming the decision of the Historic Preservation
Commission denying the Certificate of Appropriateness for the enclosure of a sun
porch at 520 Grant Street, which appeal was filed with the City Clerk on June 2,
2003, by applicants Connie Webb and Shelley Brighi. The Mayor declared the
motion carried.
Moved and seconded that the rule requiring ordinances to be considered and
voted on for final passage at two Council meetings prior to the meeting at which it is
to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 03~4086 AMENDING TITLE 3, "CITY FINANCES, TAXATION AND
FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES
AND PENALTIES" OF THE CITY CODE TO INCREASE THE FINE FOR PARKING
TICKETS, INCREASE MONTHLY PARKING PERMIT FEES, AND CHANGING THE
PARKING TICKET ESCALATION, be voted on for final passage at this time. The
Mayor declared the motion carried. Moved and seconded that the ordinance be
adopted at this time. The Mayor declared the ordinance adopted.
Moved and seconded that the ordinance amending the Planned Development
Housing Overlay (OPDH-5) Plan for the Peninsula Neighborhood by amending the
Peninsula Neighborhood Code and Regulating Plan, be given first vote. The Mayor
declared the motion carried.
Moved and seconded that the ordinance rezoning 6.91 acres from Medium-
Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single-
Family (OSA-8) for a property located at 1515 North Dubuque Road, be given
second vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance rezoning 6.92 acres from Interim
Development (IS-RS) to Low Density Single-Family (RS-5) for property located west
Official Actions
June 23, 2003
Page 2
of Cumberland Lane South of Scott Park, be given second vote. The Mayor declared
the motion carried.
Moved and seconded to adjourn special meeting at 8:35, 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
s/Marian K. Karr, cit~c, le~
Submi~cati~n
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $
OFFICIAL COUNCIL ACTIONS - 6/24/03
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn. Absent: None.
The Mayor noted the recent death of former Mayor and Council Member
Susan Horowitz and requested a moment of silence be observed.
The Mayor proclaimed: Therapeutic Recreation Week, July 6-12; Recreation
and Parks Month, July 2003; Community Development Day, July 1, Amy Correia,
Housing and Community Development Chair, accepting; Chuck Schmadeke Day,
June 27, Chuck Schmadeke accepting.
Moved and seconded that the following items and recommendations in the
Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended
by the City Clerk: June 9 Special Council Work Session. June 10 Special
Council Formal Official and Complete.
Receive and File Minutes of Boards and Commissions
(recommendations to Council become effective only upon separate Council
action): Iowa City Historic Preservation Commission - May 22. Iowa City
Human Rights Commission - April 22. Iowa City Telecommunications
Commission - April 28. Parks and Recreation Commission - May 14. Planning
and Zoning Commission - May 15. Senior Center Commission - May 20.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Special Class C Liquor License for Z'Mariks Noodle Cafb, 19 S.
Dubuque St. Renewals: Class B Beer Permit for Pizza Hut #4358, 1921
Keokuk St. Class C Beer Permit for John's Grocery, Inc., 401 E. Market St.
Class B Wine Permit for John's Grocery, Inc., 401 E. Market St. Class C
Liquor License for Dublin Underground, 5 S. Dubuque St. Class C Liquor
License for Wig & Pen Pizza Pub, 1220 Highway 6 West. Outdoor Service
Area for Wig & Pen Pizza Pub, 1220 Highway 6 West. Class C liquor License
for Dave's Foxhead Tavern, 402 E. Market St. Class C Liquor License for
Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 East.
Refund an unused portion of a Class C Liquor License for TGI Friday's-Iowa
City, 2208 N. Dodge St. RES. 03-195, ISSUE CIGARETTE PERMITS.
Motion: approve disbursements in the amount of $11,221,997.62 for
the period of May 1 through May 31,2003, as recommended by the Finance
Director subject to audit.
Setting Public Hearings: RES. 03-196, SETTING A PUBLIC HEARING
for July 15 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT
STREET TRANSPORTATION CENTER PROJECT, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
ASSISTANT DIRECTOR OF PLANNING AND COMMUNITY
DEVELOPMENT TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION.
Resolutions: RES. 03-197, APPROVING AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS
OfficialActions
June 24,2003
Page 2
PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST THE SAME.
Correspondence: Nate Green regarding Alcohol and Bar Committee (ABC). Elias
Zaharias regarding Subsidized Housing. Dennis Kowalski regarding Small Town
Blues. Keith Bell regarding Howard Dean for President. Amy Correia (Housing and
Community Development Commission) regarding Community Development
Celebration and Awards Ceremony. Craig Bagdon regarding Adult Entertainment
Establishment [staff response included]. David Wilson regarding RSDS Awareness
Week [staff response included]. Linzee Kull McCray regarding house on Corner of
Summit and College. JCCOG Traffic Engineering Planner regarding Installation of
NO PARKING ANYTIME Signs on the North Side of Imperial Court; Installation of a
NO SEMIS Sign.
The Mayor declared the motion carried.
Senior Center Commissioner Lori Benz, 2012 Dunlap Court, updated Council
on activities at the Center. Charlie Major, 7 Blue Stem Court, requested Council not
cut 25 City employees to balance the budget.
Moved and seconded to set a public hearing for July 15 on an ordinance
conditionally changing the zoning designation of 5.69 acres from RS-5, Low-Density
Single-Family Residential, to RM-12, Low-Density Multi-Family residential, for
property located at 1715 Mormon Trek Boulevard. The Mayor declared the motion
carried.
A public hearing was held on an ordinance amending the City Code Title 14,
Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone
(ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary
Uses." Attorney Chris Pose, representing the applicant Mid American Energy
Company, requested expedited action.
Moved and seconded that the ordinance amending City Code Title 14,
Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone
(ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary
Uses(Mid American)," be given first vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance changing the zoning designation of
approximately 1.1 acres from CB-2, Central Business District Service, to PRM,
Planned High Density Residential for property located on the east side of South
Dubuque Street south of Court Street, be given first vote. The following individuals
appeared: Richard Twohy, resident manager at Heritage Manor; Attorney Joe
Holland, representing the applicant Jim Clark; Charlotte Walker, 320 S. Dubuque;
and Maxine Simon. The Mayor declared the motion carried. Moved and seconded to
accept correspondence from C. Joseph Holland, Patricia Ephgrave, and Richard
Twohy. The Mayor declared the motion carried.
Moved and seconded that the rule requiring ordinances to be considered and
voted on for final passage at two Council meetings prior to the meeting at which it is
to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 03-4087 AMENDING THE PLANNED DEVELOPMENT HOUSING
OVERLAY (OPDH-5) PLAN FOR THE PENINSULA NEIGHBORHOOD BY
AMENDING THE PENINSULA NEIGHBORHOOD CODE AND REGULATING PLAN,
be voted on for final passage at this time. The Mayor declared the motion carried.
Moved and seconded that the ordinance be adopted at this time. The Mayor
declared the ordinance adopted.
Moved and seconded that ORD. 03-4088, REZONING 6.91 ACRES FROM
MEDIUM-DENSITY SINGLE-FAMILY (RS-8) TO SENSITIVE AREAS OVERLAY
Official Actions
June 24, 2003
Page 3
MEDIUM-DENSITY SINGLE-FAMILY (OSA-8) FOR A PROPERTY LOCATED AT
1515 NORTH DUBUQUE ROAD, be passed and adopted.
Moved and seconded to adopt RES. 03-198, APPROVING PRELIMINARY
AND FINAL PLAT OF THE DONAHUE SUBDIVISION, IOWA CITY, IOWA.
Moved and seconded that ORD. 03-4089, REZONING 6.92 ACRES FROM
INTERIM DEVELOPMENT (ID-RS) TO LOW DENSITY SINGLE-FAMILY (RS-5)
FOR PROPERTY LOCATED WEST OF CUMBERLAND LANE SOUTH OF SCOTT
PARK, be passed and adopted.
Moved and seconded to adopt RES. 03-199, APPROVING THE
PRELIMINARY PLAT OF HIGHLAND WOODS, A 10-LOT 6.92-ACRE
SUBDIVISION LOCATED WEST OF CUMBERLAND LANE, SOUTH OF SCOTT
PARK.
Moved and seconded to defer to July 15 a ordinance changing the zoning
designation of approximately 6.1 acres from County RS, Suburban Residential, to CI-
1, Intensive Commercial for property located west of Dane Road, east of Mormon
Trek Boulevard extended. The Mayor declared the motion carried.
Moved and seconded to defer to July 15 a ordinance changing the zoning
designation of approximately 144 acres from County CH, C2, R1A, RS & A1 to P,
Public, CH-l, Highway Commercial, C1-1, Intensive Commercial, and ID-RS,
Suburban Residential, for property generally located east of Highway 218, west of
the Iowa City Airport, and both north and south of Highway 1. The Mayor declared
the motion carried.
Moved and seconded to adopt RES. 03-200, APPROVING A FINAL PLAT OF
HOLLYWOOD MANOR, PART 8.
Moved and seconded to adopt RES. 03-201, APPROVING A FINAL PLAT OF
GALWAY HILLS, PART 7, IOWA CITY, IOWA.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the Civic Center North Court Trane HVAC
Project, establishing amount of bid security to accompany each bid, directing City
Clerk to publish advertisement for bids, and fixing time and place for receipt of bids.
Moved and seconded to adopt RES. 03-202, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
CONSTRUCTION OF THE CIVIC CENTER NORTH COURT TRANE HVAC
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Moved and seconded to adopt RES. 03-203, ACCEPTING PAYMENT OF
$1,500.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI
MART #2.
Moved and seconded that ORD. 03-4090, AMENDING ORDINANCE NO. 00-
3947, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE
AMENDED SYCAMORE AND FIRST AVENUE 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
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 SYCAMORE AND FIRST AVENUE URBAN
RENEWAL REDEVELOPMENT PROJECT, be passed and adopted.
OfficialA~ions
June 24,2003
Page 4
Moved and seconded that ORD. 03-4091, PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE HIGHWAY 6 COMMERCIAL URBAN RENEWAL
PROJECT AREA, IN 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 SAID URBAN RENEWAL
REDEVELOPMENT PROJECT, be passed and adopted.
Moved and seconded to adopt RES. 03-204, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, THE MOEN GROUP AND TERRAPIN BREWERY, INC. D/B/A TERRAPIN
COFFEE IOWA CITY FOR A SIDEWALK CAFI~.
The Mayor noted that the vacancies on the Housing and Community
Development Board to fill three three-year terms September 1, 2003 - September 1,
2006, will be readvertised.
Moved and seconded to appoint Candy Barnhill, 154 Friendship Street, to the
Police Citizens Review Board for one appointment for a current or former Peace
Officer to fill a four-year term September 1, 2003 - September 1, 2007. During
deliberations of the appointment there were concerns expressed regarding
consideration of a peace officer with ties to the Iowa City Police Department, and
waived the requirement to appoint one current or former Police Officer, also noting
the commission was male dominated at the present time. The Mayor declared the
motion carried.
The Mayor noted the current vacancies: Police Citizens Review Board for one
vacancy for a current or former Peace Officer to fill an unexpired term ending
September 1,2005. The City Council also reserves the right, for good cause shown,
to waive the requirement that the Board include one current or former peace officer
as that term is defined by State law. Applications must be received by 5:00 p.m.,
Wednesday, August 13.
The Mayor noted the previously-announced vacancies: Airport Zoning Board
of Adjustment for one appointment to fill an unexpired term ending December 31,
2003. Airport Zoning Commission for one appointment for an unexpired term ending
December 31,2003. Historic Preservation Commission for one vacancy to fill a
Woodlawn District Rep to a three-year term March 29, 2003 - March 29, 2006.
Applications must be received by 5:00 p.m., Wednesday, July 9.
Library Board of Trustees for one vacancy to fill six-year terms July 1, 2003 - July 1,
2009. Applications must be received by 5:00 p.m., Wednesday, August 13.
Moved and seconded to adjourn special meeting at 8:50 p.m. The Mayor
declared the motion carried.
A more complete description of Council activities and disbursements is on file
in the office of the City Clerk and Finance Department.
s/Ernest W. Lehman, Mayor
s/Marian K. Karr, City Clerk..~
Submit~d ~or publication - 7/1/03.
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 ACTIVITIES - 7/1/03
Iowa City City Council meeting, 2:00 p.m. at City Hall. Mayor Lehman,
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn. Absent: None.
Moved and seconded that the ordinance amending the City Code Title 14,
Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone
(ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary
Uses," be given second vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance changing the zoning designation of
approximately 1.1 acres from CB-2, Central Business District Service, to PRM,
Planned High Density Residential for property located on the east side of South
Dubuque Street south of Court Street, be given second vote. The Mayor declared the
motion carried.
Moved and seconded to adopt RES. 03-205, APPROVING AND
AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND UNITED
NATURAL FOODS, INC. Thomas Diziki, representing United Natural Foods,
appeared.
Moved and seconded to adopt RES. 03-206, AUTHORIZING APPLICATION
FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT
(CEBA) FUNDS TO ASSIST THE UNITED NATIONAL FOODS INC. EXPANSION.
Moved and seconded to adopt RES. 03-207, OF THE CITY COUNCIL OF
THE CITY OF IOWA CITY APPROVING THE APPLICATION OF UNITED
NATURAL FOODS, INCORPORATED FOR THE PURPOSE OF RECEIVING
BENEFITS UNDER 2003 IOWA ACTS, HOUSE FILE 677, THE NEW CAPITAL
INVESTMENT PROGRAM.
The Mayor noted that the Deer Task Force, at their June 24 meeting,
recommended the appointment of Martin Jones for an At-Large position expiring
March 15, 2004. Moved and seconded to appoint Martin Jones. The Mayor
declared the motion carried.
Moved and seconded to adjourn special meeting at 2:50 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
s/Marian K. Karr, City Clerk
S~ed for publication - ~~
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 - 7/9/03
Iowa City City Council Special meeting, 8:00 a.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilbum.
Moved and seconded to adopt RES. 03-208, SETTING A PUBLIC
HEARING FOR JULY 15, 2003, ON AN ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES,
RATES, CHARGES, BONDS FINES AND PENALTIES" OF THE CITY CODE TO
ESTABLISH A FARE FOR THE DOWNTOWN SHUTTLE.
Moved and seconded that ORD. 03-4092, AMENDING THE CITY CODE
TITLE 14, CHAPTER 6, ENTITLED, "ZONING," ARTICLE G, ENTITLED "OFFICE
AND RESEARCH PARK ZONE (ORP)" AND ARTICLE L, ENTITLED
"PROVISIONAL USES, SPECIAL EXCEPTIONS, AND TEMPORARY USES," be
passed and adopted.
Moved and seconded that ORD. 03-4093, CHANGING THE ZONING
DESIGNATION OF APPROXIMATELY 1.1 ACRES FROM CB-2, CENTRAL
BUSINESS DISTRICT SERVICE, TO PRM, PLANNED HIGH DENSITY
RESIDENTIAL FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH
DUBUQUE STREET SOUTH OF COURT STREET, be passed and adopted.
Moved and seconded to adjourn to executive session to evaluate the
professional competency of individuals whose appointment, hiring, performance or
discharge is being considered when necessary to prevent needless and irreparable
injury to those individuals' reputations and those individuals requested a closed
session. The Mayor declared the motion carried.
Moved and seconded to adjourn special meeting at 9:26 a.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
s/Marian K. Karr, City Clerk
Submitted for publication - 7/10/03
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JUNE 23, 2003
Iowa City City Council special meeting, 7:00 p.m. at the Civic Center. Mayor
Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell,
Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling,
Dilkes, Karr, Franklin. Council minutes tape recorded on Tape 03-54; Both Sides.
A public hearing was held on the appeal to City Council of the decision of the
Historic Preservation Commission denying the Certificate of Appropriateness for the
application of vinyl siding to a duplex at 815-17 S. Summit Street, which appeal was
filed with the City Clerk on May 16, 2003, by applicant Frank Fleming. The following
individuals appeared: Applicant Frank Fleming; G. T. Karr, Sueppel's Vinyl Siding;
and Historic Preservation Commissioners Mike Maharry and Mike Gunn.
Moved by Vanderhoef, seconded by Pfab, affirming the decision of the
Historic Preservation Commission denying the Certificate of Appropriateness for the
application of vinyl siding to a duplex at 815-17 S. Summit Street, which appeal was
filed with the City Clerk on May 16, 2003, by applicant Frank Fleming. The Mayor
declared the motion carried, 6/1, with the following division of roll call vote. Ayes:
Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent:
None. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from
G.T. Karr. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A public hearing was held on the appeal to the City Council of the decision of
the Historic Preservation Commission denying the Certificate of Appropriateness for
the enclosure of a sun porch at 520 Grant Street, which appeal was flied with the
City Clerk on June 2, 2003, by applicants Connie Webb and Shelley Brighi. The
following individuals appeared: Applicant Connie Webb; Drew Davis, Home Town
Restyling; and Historic Preservation Commissioners Mike Maharry and Mike Gunn.
Moved by Pfab, seconded by Vanderhoef, affirming the decision of the
Historic Preservation Commission denying the Certificate of Appropriateness for the
enclosure of a sun porch at 520 Grant Street, which appeal was filed with the City
Clerk on June 2, 2003, by applicants Connie Webb and Shelley Brighi. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present. Majority
of Council requested discussion of historic preservation and conservation zones be
added to the July 14 work session agenda.
Moved by O'Donnell, seconded by Champion, that the rule requiring
ordinances to be considered and voted on for final passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived, and that ORD. 03-4086 AMENDING TITLE 3,
"CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO
INCREASE THE FINE FOR PARKING TICKETS, INCREASE MONTHLY PARKING
PERMIT FEES, AND CHANGING THE PARKING TICKET ESCALATION, be voted
on for final passage at this time. The Mayor declared the motion carried, 6/1, with the
following division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn,
Champion, Lehman. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded
by Champion, that the ordinance be adopted at this time. The Mayor declared the
ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Pfab,
Vanderhoef, Wilbum, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None.
Moved by Vanderhoef, seconded by Champion, that the ordinance amending
the Planned Development Housing Overlay (OPDH-5) Plan for the Peninsula
Complete Description
June 23, 2003
Page 2
Neighborhood by amending the Peninsula Neighborhood Code and Regulating Plan,
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 rezoning
6.91 acres from Medium-Density Single-Family (RS-8) to Sensitive Areas Overlay
Medium-Density Single-Family (OSA-8) for a property located at 1515 North
Dubuque Road, be given second vote. The Mayor declared the motion carried, 6/1,
with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman,
O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None.
Moved by Vanderhoef, seconded by Pfab, that the ordinance rezoning 6.92
acres from Interim Development (IS-RS) to Low Density Single-Family (RS-5) for
property located west of Cumberland Lane South of Scott Park, be given second
vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn special meeting at
8:35, p.m. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JUNE 24, 2003
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes,
Karr, Schmadeke, Fosse, Morris, Franklin, Mollenhauer. Council minutes tape
recorded on Tape 03-56, Both Sides; Tape 03-57, Side 1.
The Mayor noted the recent death of former Mayor and Council Member
Susan Horowitz and requested a moment of silence be observed.
The Mayor proclaimed: Therapeutic Recreation Week, July 6-12; Recreation
and Parks Month, July 2003; Community Development Day, July 1, Amy Correia,
Housing and Community Development Chair, accepting; Chuck Schmadeke Day,
June 27, Chuck Schmadeke accepting.
Moved by Champion, seconded by Pfab, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted
as amended:
Approval of Council Actions, subject to corrections, as recommended
by the City Clerk: June 9 Special Council Work Session. June 10 Special
Council Formal Official and Complete
Receive and File Minutes of Boards and Commissions
(recommendations to Council become effective only upon separate Council
action): Iowa City Historic Preservation Commission - May 22. Iowa City
Human Rights Commission - April 22. Iowa City Telecommunications
Commission - April 28. Parks and Recreation Commission - May 14. Planning
and Zoning Commission - May 15. Senior Center Commission - May 20.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks
Noodle Cafe, 19 S. Dubuque St. Renewals: Class B Beer Permit for NPC
International, Inc., dba Pizza Hut #4358, 1921 Keokuk St. Class C Beer
Permit for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.
Class B Wine Permit for John's Grocery, Inc., dba John's Grocery, Inc., 401 E.
Market St. Class C Liquor License for Dublin Underground, Inc., dba Dublin
Underground, 5 S. Dubuque St. Class C Liquor License for GFP, Inc., dba
Wig & Pen Pizza Pub, 1220 Highway 6 West. Outdoor Service Area for GFP,
Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West. Class C Liquor
License for David L. AIberhasky dba Dave's Foxhead Tavern, 402 E. Market
St. Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of
Foreign Wars dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars,
609 Highway 6 East. Refund an unused portion of a Class C Liquor License
for MPLS Hotel Management, Ltd., dba TGI Friday's-Iowa City, 2206 N.
Dodge St. RES. 03-195, ISSUE CIGARETTE PERMITS.
Motion: approve disbursements in the amount of $11,221,997.62 for
the period of May 1 through May 31,2003, as recommended by the Finance
Director subject to audit.
Setting Public Hearings: RES. 03-196, SETTING A PUBLIC HEARING
for July 15 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT
STREET TRANSPORTATION CENTER PROJECT, DIRECTING CITY
Complete Description
June 24,2003
Page 2
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
ASSISTANT DIRECTOR OF PLANNING AND COMMUNITY
DEVELOPMENT TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION.
Resolutions: RES. 03-197, APPROVING AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS
PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST THE SAME.
Correspondence: Nate Green regarding Alcohol and Bar Committee
(ABC). Elias Zaharias regarding Subsidized Housing. Dennis Kowalski
regarding Small Town Blues. Keith Bell regarding Howard Dean for President.
Amy Correia (Housing and Community Development Commission) regarding
Community Development Celebration and Awards Ceremony. Craig Bagdon
regarding Adult Entertainment Establishment [staff response included]. David
Wilson regarding RSDS Awareness Week [staff response included]. Linzee
Kull McCray regarding house on Corner of Summit and College. JCCOG
Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME
Signs on the North Side of Imperial Court; Installation of a NO SEMIS Sign.
Council Member Kanner noted the funding of Table to Table with IDED emergency
shelter grant money, acknowledged they were a good agency but stated his
preference for monies to be spent more directly on housing and shelter. Staff will
follow up on state criteria used, as the City involvement is that of agent for the
administration of those monies. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried.
Senior Center Commissioner Lori Benz, 2012 Dunlap Court, updated Council
on activities at the Center. Charlie Major, 7 Blue Stem Court, requested Council not
cut 25 City employees to balance the budget.
Moved by Champion, seconded by Vanderhoef, to set a public hearing for
July 15 on an ordinance conditionally changing the zoning designation of 5.69 acres
from RS-5, Low-Density Single-Family Residential, to RM-12, Low-Density Multi-
Family residential, for property located at 1715 Mormon Trek Boulevard (All Nations
Baptist Church). The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A public hearing was held on an ordinance amending the City Code Title 14,
Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone
(ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary
Uses." Attorney Chris Pose, representing the applicant Mid American Energy
Company, requested expedited action. Individual Council Members expressed their
views.
Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending
City Code Title 14, Chapter 6, entitled, "Zoning," Article G, entitled "Office and
Research Park Zone (ORP)" and Article I, entitled "Provisional Uses, Special
Exceptions, and Temporary Uses(Mid American)," 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 the
Planned Development Housing Overlay (OPDH-5) Plan for the Peninsula
Neighborhood by amending the Peninsula Neighborhood Code and regulating plan,
Complete Description
June 24,2003
Page 3
be given second vote. The Mayor declared the motion carried, 6/1, with the following
division of roll call vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman,
O'Donnell. Nays: Kanner. Absent: None. (See reconsideration of this item after the
next item.)
Moved by O'Donnell, seconded by Champion, that the ordinance changing the
zoning designation of approximately 1.1 acres from CB-2, Central Business District
Service, to PRM, Planned High Density Residential for property located on the east
side of South Dubuque Street (Clark/400 South Dubuque Street) south of Court
Street, be given first vote. The following individuals appeared: Richard Twohy,
resident manager at Heritage Manor; Attorney Joe Holland, representing the
applicant Jim Clark; Charlotte Walker, 320 S. Dubuque; and Maxine Simon.
Individual Council Members expressed their views. PCD Director Franklin present
for discussion. The Mayor declared the motion carried, 6/1, with the following division
of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilbum, Champion, Lehman.
Nays: Kanner. Moved by O'Donnell, seconded by Wilburn, to accept correspondence
from C. Joseph Holland, Patricia Ephgrave, and Richard Twohy. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
The City Attorney stated Council had been requested to expedite item #5c,
and stated if Council was inclined to do so the item should be reconsidered at this
time. Moved by Pfab, seconded by Champion, to reconsider item 5c. The Mayor
declared the motion carried, 6/1, with the following division of voice vote. Ayes: Pfab,
Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None.
Moved by Wilbum, seconded by Vanderhoef, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second consideration
and vote be waived, and that ORD. 03-4087 AMENDING THE PLANNED
DEVELOPMENT HOUSING OVERLAY (OPDH-5) PLAN FOR THE PENINSULA
NEIGHBORHOOD BY AMENDING THE PENINSULA NEIGHBORHOOD CODE
AND REGULATING PLAN, be voted on for final passage at this time. The Mayor
declared the motion carried, 6/1, with the following division of roll call vote. Ayes:
Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent:
None. Moved by Wilburn, seconded by Vanderhoef, that the ordinance be adopted at
this time. The Mayor declared the ordinance adopted, 6/1, with the following division
of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab.
Nays: Kanner. Absent: None.
Moved by Champion, seconded by O'Donnell, that ORD. 03-4088,
REZONING 6.91 ACRES FROM MEDIUM-DENSITY SINGLE-FAMILY (RS-8) TO
SENSITIVE AREAS OVERLAY MEDIUM-DENSITY SINGLE-FAMILY (OSA-8) FOR
A PROPERTY LOCATED (Donahue)AT 1515 NORTH DUBUQUE ROAD, be
passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-198,
APPROVING PRELIMINARY AND FINAL PLAT OF THE DONAHUE SUBDIVISION,
iOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded Pfab, that ORD. 03-4089, REZONING 6.92
ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO LOW DENSITY SINGLE-
FAMILY (RS-5) FOR PROPERTY LOCATED WEST OF CUMBERLAND LANE
SOUTH OF SCOTT PARK (Highland Woods), be passed and adopted. Affirmative
Complete Description
June 24,2003
Page 4
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
ordinance adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 03-199, APPROVING
THE PRELIMINARY PLAT OF HIGHLAND WOODS, A 10-LOT 6.92-ACRE
SUBDIVISION LOCATED WEST OF CUMBERLAND LANE, SOUTH OF SCOTT
PARK. 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 July 15 a ordinance
changing the zoning designation of approximately 6.1 acres from County RS,
Suburban Residential, to C1-1, Intensive Commercial for property located west of
Dane Road, east of Mormon Trek Boulevard extended. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Pfab, to defer to July 15 a ordinance
changing the zoning designation of approximately 144 acres from County CH, C2,
R1A, RS & A1 to P, Public, CH-l, Highway Commercial, C1-1, Intensive Commercial,
and ID-RS, Suburban Residential, for property generally located east of Highway
218, west of the Iowa City Airport, and both north and south of Highway 1. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Pfab, seconded by Champion, to adopt RES. 03-200, APPROVING
A FINAL PLAT OF HOLLYWOOD MANOR, PART 8. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 03-201, APPROVING
A FINAL PLAT OF GALWAY HILLS, PART 7, IOWA CITY, IOWA. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
A public hearing was held on plans, specifications, form of contract, and
estimate of cost for construction of the Civic Center North Court Trane HVAC
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 Champion, seconded by Wilburn, to adopt RES. 03-202,
APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR CONSTRUCTION OF THE CIVIC CENTER NORTH COURT
TRANE HVAC 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. The Mayor declared the resolution adopted, 6/1, with the following division of
roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab.
Nays: Kanner. Absent: None.
'1'he City Attorney stated Deli Mart had waived their right to hearing and made
the $1500 payment, and Council needs to act on a resolution accepting waiver and
payment at this time.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-203,
ACCEPTING PAYMENT OF $1,500.00 CIVIL PENALTY AND WAIVER OF RIGHT
TO HEARING FROM DELI MART #2. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
The City Clerk noted that item 8 had been expedited at Council's special
meeting the previous evening and no more action was necessary.
Complete Description
June 24, 2003
Page 5
Moved by Vanderhoef, seconded by Champion, that ORD. 03-4090,
AMENDING ORDINANCE NO. 00-3947, PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED
WITHIN THE AMENDED SYCAMORE AND FIRST AVENUE 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 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 SYCAMORE AND FIRST
AVENUE URBAN RENEWAL REDEVELOPMENT PROJECT, 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: Champion,
Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None.
Moved by O'Donnell, seconded by Vanderhoef, that ORD. 03-4091,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED
EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE HIGHWAY 6
COMMERCIAL URBAN RENEWAL PROJECT AREA, IN 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 SAID 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:
Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent:
None.
Moved by Champion, seconded by Wilburn, to adopt RES. 03-204,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, THE MOEN GROUP AND TERRAPIN
BREWERY, INC. D/B/A TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK
CAFI~. 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 Housing and Community
Development Board to fill three three-year terms September 1, 2003 - September 1,
2006, will be readvertised.
Moved by Champion, seconded by O'Donnell, to appoint Candy Barnhill, 154
Friendship Street, to the Police Citizens Review Board for one appointment for a
current or former Peace Officer to fill a four-year term September 1, 2003 -
September 1,2007. During deliberations of the appointment there were concerns
expressed regarding consideration of a peace officer with ties to the Iowa City Police
Department, and waived the requirement to appoint one current or former Police
Officer, also noting the commission was male dominated at the present time.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Complete Description
June 24,2003
Page 6
The Mayor noted the current vacancies: Police Citizens Review Board for one
vacancy for a current or former Peace Officer to fill an unexpired term ending
September 1,2005. The City Council also reserves the right, for good cause shown,
to waive the requirement that the Board include one current or former peace officer
as that term is defined by State law. Applications must be received by 5:00 p.m.,
Wednesday, August 13. The City Attorney reminded Council that they waived the
appointment of a Peace Officer for the last two appointments by not considering a
former member of the Iowa City Police Department; and questioned continuing to
advertise for a Peace Officer without clarification and possible amendment of the
ordinance. Council requested that the matter be scheduled for their July 14 work
session
The Mayor noted the previously-announced vacancies: Airport Zoning Board
of Adjustment for one appointment to fill an unexpired term ending December 31,
2003. Staff will not publish additional notices after a period of six publications; but will
continue to advertise this vacancy with postings and on the Council agenda.
However, no additional publication costs will be incurred; Airport Zoning Commission
for one appointment for an unexpired term ending December 31,2003. Staff will not
publish additional notices after a period of six publications; but will continue to
advertise this vacancy with postings and on the Council agenda. However, no
additional publication costs will be incurred; Historic Preservation Commission for
one vacancy to fill a Woodlawn District Rep to a three-year term March 29, 2003 -
March 29, 2006. Applications must be received by 5:00 p.m., Wednesday, July 9.
Library Board of Trustees for one vacancy to fill six-year terms July 1, 2003 - July 1,
2009. Applications must be received by 5:00 p.m., Wednesday, August 13.
Council Member Pfab requested Council schedule discussion of the City
vehicle towing and service contract for an upcoming work session. Moved by
Champion, seconded by Kanner, to accept information provided by Council Member
Pfab into the record. The City Attorney suggested review of the materials and then
discussion whether there was interest to schedule a future work session on the
matter.
Council Member Wilburn congratulated winners of the Johnson County
Tobacco Coalition Anti-Smoking ad designs; and Pride Festival organizers.
Council Member Kanner noted the memo from Asst. City Mgr. Helling
regarding "financial risk analysis" and stated he appreciated the exchange of
information; questioned the draft format Airport Commission minutes of June 12, City
Clerk Kart will follow up with staff on format; questioned where Council left the matter
of the National Housing Trust Fund, the Mayor stated the matter would be on an
upcoming work session; noted the short memo from the Police Chief regarding
detainees being handcuffed in response to PCRB, and requested more information
on the training with respect to the issue identified; requested a memo with an
explanation of the "...bronchial notch..." procedure used by the Police Officer for
Case Number 3-24630 outlined in the May Use of Force Report; and questioned
whether Mayor Lehman had spoken to Council Member Pfab regarding his particular
strategy for approaching HUD with complaints prior to his remarks at the June 9 work
session.
Mayor Lehman reminded Council and the public of the City open house for
retiring Public Works Director Chuck Schmadeke scheduled for Friday; and the
CDBG celebration on July 1st. Mayor Lehman requested Council set time for staff
evaluations, and stated there also might be a need for a special meeting next week
Complete Description
June 24, 2003
Page 7
as well. After discussion, Council agreed to provide their schedule for the coming
week to the City Clerk for scheduling a special meeting, and no evaluations will be
held earlier in the week due to the absence of the City Attorney.
Moved by Vanderhoef, seconded by Wilburn, to adjourn special meeting at
8:50 p.m. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JULY 1,2003
Iowa City City Council meeting, 2:00 p.m. at City Hall. Mayor Lehman,
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling,
Holecek, Karr, Franklin. Council minutes tape recorded on Tape 03-57, Side Two;
03-58, Side One.
Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring
ordinances to be considered and voted on for final passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived that the ordinance amending the City Code Title
14, Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone
(ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary
Uses," be voted on for final passage at this time. The Mayor declared the motion
defeated, 5/2, (noting a requirement of 6 for the motion to pass.) with the following
division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn.
Nays: Pfab, Kanner. Absent: None. Individual Council Members expressed their
views. Moved by Vanderhoef, seconded by O'Donnell that second consideration be
given to the ordinance at this time. The Mayor declared the motion passed
unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring
ordinances to be considered and voted on for final passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived that the ordinance changing the zoning
designation of approximately 1.1 acres from CB-2, Central Business District Service,
to PRM, Planned High Density Residential for property located on the east side of
South Dubuque Street south of Court Street, be voted on for final passage at this
time. Individual Council Members expressed their views. The Mayor declared the
motion defeated, 5/2, (noting a requirement of 6 for the motion to pass) with the
following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn,
Champion. Nays: Pfab, Kanner. Absent: None. Moved by Champion, seconded by
O'Donnell, that second consideration be given to the ordinance at this time. The
Mayor declared the motion carried, 611, with the following division of roll call vote.
Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner.
Absent: None.
Moved by Champion, seconded by Wilbum, to adopt RES. 03-205,
APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR
PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
UNITED NATURAL FOODS, INC. PCD director Franklin present for discussion.
Thomas Diziki, representing United Natural Foods, appeared. Individual Council
Members expressed their views. Moved by Kanner, to defer until July 15. The Mayor
declared the motion dead for lack of a second. 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 Wilburn, seconded by O'Donnell, to adopt RES. 03-206,
AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC
BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST THE UNITED NATIONAL
FOODS INC. EXPANSION. The Mayor declared the resolution adopted, 6/1, with the
Complete Description
June 24, 2003
Page 2
following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman,
O'Donnell, Pfab. Nays: Kanner. Absent: None.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-207, OF
THE CITY COUNCIL OF THE CITY OF IOWA CITY APPROVING THE
APPLICATION OF UNITED NATURAL FOODS, INCORPORATED FOR THE
PURPOSE OF RECEIVING BENEFITS UNDER 2003 IOWA ACTS, HOUSE FILE
677, THE NEW CAPITAL INVESTMENT PROGRAM. The Mayor declared the
resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn,
Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None.
The Mayor noted that the Deer Task Force, at their June 24 meeting,
recommended the appointment of Martin Jones for an At-Large position expiring
March 15, 2004. Moved by Pfab, seconded by Vanderhoef, to appoint Martin Jones.
The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
The Mayor requested a time be set for a special meeting for the evaluation of
the City Manager, City Attorney and City Clerk. After discussion, Council agreed to
schedule a special formal meeting for Wednesday morning, July 9, 8:00 AM.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn special meeting at
2:50 p.m. The Mayor declared the motion carried, 7/0, all Council Members present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JULY 9, 2003
Iowa City City Council Special meeting, 8:00 a.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef (8:03), Wilburn (8:06). Staff members present: Atkins, Dilkes, Karr.
Council minutes tape recorded on Tape 03-59, Side 1.
Moved by Pfab, seconded by O'Donnell, to adopt RES. 03-208,
SETTING A PUBLIC HEARING FOR JULY 15, 2003, ON AN ORDINANCE
AMENDING TITLE 3, "CITY FINANCES, TAXATION, AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS FINES AND PENALTIES" OF
THE CITY CODE TO ESTABLISH A FARE FOR THE DOWNTOWN SHUTTLE.
Affirmative roll call vote unanimous, 5/0, Vanderhoef, and Wilburn, absent. The
Mayor declared the resolution adopted.
Moved by Champion, seconded by O'Donnell, that ORD. 03-4092,
AMENDING THE CITY CODE TITLE 14, CHAPTER 6, ENTITLED, "ZONING,"
ARTICLE G, ENTITLED "OFFICE AND RESEARCH PARK ZONE (ORP)" AND
ARTICLE L, ENTITLED "PROVISIONAL USES, SPECIAL EXCEPTIONS, AND
TEMPORARY USES," be passed and adopted. Affirmative roll call vote unanimous,
5/0, Vanderhoef and Wilburn, absent. The Mayor declared the ordinance adopted.
Moved by O'Donnell, seconded by Pfab, that ORD. 03-4093, CHANGING
THE ZONING DESIGNATION OF APPROXIMATELY 1.1 ACRES FROM CB-2,
CENTRAL BUSINESS DISTRICT SERVICE, TO PRM, PLANNED HIGH DENSITY
RESIDENTIAL FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH
DUBUQUE STREET SOUTH OF COURT STREET, be passed and adopted. The
Mayor declared the ordinance adopted, 4/1, with the following division of roll call
vote. Ayes: Lehman, O'Donnell, Pfab, Champion. Nays: Kanner. Absent:
Vanderhoef, Wilburn.
Council Member Vanderhoef arrived.
Moved by Champion, seconded by O'Donnell, to adjourn to executive session
to evaluate the professional competency of individuals whose appointment, hiring,
performance or discharge is being considered when necessary to prevent needless
and irreparable injury to those individuals' reputations and those individuals
requested a closed session. Affirmative roll call vote unanimous, 6/0, Wilburn absent.
The Mayor declared the motion carried and adjourned into executive session 8:03
a.m.
Council Member Wilburn arrived.
Council returned to open session 9:25 a.m.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn special meeting at
9:26 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk