HomeMy WebLinkAbout2003-10-28 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
OCTOBER 28, 2003
Iowa City City Council meeting 7:00 p.m. at City Hall. Mayor Lehman presiding.
Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilbum. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Boelk,
O'Malley, Knoche. Council minutes tape recorded on Tape 03-58, Side 1; Tape 03-78, Side
1.
The Mayor proclaimed Founder's Day - October 29.
The Mayor presenting Outstanding Student Citizenship Awards to Weber Elementary
students: Matt Eckman, Paige Engelhardt, Grace Murray.
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 and to delete from the Consent Calendar and consider for separate consideration
the following items: Item 4d(1 ) setting a public hearing on proposed amendment to 2001- .
2006 Consolidated Plan (City Steps), and Item 4d(2) setting a public hearing for an
ordinance creating a Stormwater Utility and establishing a Utility Fee:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk. October 13 Special Work Session. October 14 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 - September 11. Housing and Community Development Commission -
September 18. Iowa City Airport Commission - September 11. Iowa City Board of
Adjustment - August 13. Iowa City Board of Appeals - August 4
Recommendation: Approve proposed amendments to the By-Laws of
the Board of Appeals.
Iowa City Human Rights Commission - July 23. Planning and Zoning Commission -
October 2. Police Citizens Review Board - September 9
Recommendation: Accept PCRB Report on Complaint #03-02; Accept
PCRB Report on Complaint #03-04.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals: Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill,
Inc., 127 Iowa Ave. Class C Liquor License for La Casa, Ltd., dba La Casa, 1200 S.
Gilbert Ct. Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210
Highland Ct. Outdoor Service Area for HMDS, Inc., dba Grizzly's South Side Pub,
1210 Highland Ct. Class C Liquor License for Diamond Daves Taco Company Leasing
Corp., dba Diamond Daves Taco Co., 1604 Sycamore St. #330. Class C Liquor
License for Yelder Enterprises, Inc., dba Que, 211 Iowa Ave. Class C Beer Permit for
Deli Mart Corp., dba Deli Mart #1,525 Hwy I W. Class C Beer Permit for Krishna,
Inc., dba Mini Mart, 731 S. Riverside Dr. Class C Beer Permit for Hawkeye Oil
Company dba Hawkeye Convenience Stores Kirkwood, 300 Kirkwood Ave. RES. 03-
321, TO ISSUE DANCE PERMIT to Yelder Enterprises, Inc., dba Que, 211 Iowa Ave.
Setting Public Hearings: RES. 03-322, INTENT TO CONVEY A THREE
HUNDRED TWENTY THREE FOOT LONG PORTION OF THE TWENTY FOOT
WIDE ALLEY LOCATED BETWEEN KIRKWOOD AVENUE AND DIANA STREET IN
BLOCK 6, LUCAS ADDITION, TO ADJACENT PROPERTY OWNERS, AND
SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JANUARY 6, 2004.
Resolutions: RES. 03-323, ACCEPTING THE WORK FOR THE SANITARY
SEWER, STORM SEWER, TILE LINE, WATER MAIN, PAVING, AND CERTAIN
SIDEWALK PUBLIC IMPROVEMENTS FOR LINDEMANN SUBDIVISION - PART
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October 28, 2003
Page 2
TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE. RES. 03-324, ACCEPTING THE WORK FOR THE SANITARY
SEWER, STORM SEWER, REINFORCED CONCRETE BOX CULVERT, WATER
MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR HIGHLANDER
DEVELOPMENT THIRD ADDITION, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-325,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE
LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOT 5 OF
SADDLEBROOK ADDITION - PART 2, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-326,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE
LINE, WATER MAIN, SIDEWALK (ALONG PRIMROSE COURT BETWEEN LOTS
111 AND 112), AND PAVING PUBLIC IMPROVEMENTS FOR WHISPERING
MEADOWS, PART THREE, AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE. RES. 03-327, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE AND A
MORTGAGE FOR THE PROPERTY LOCATED AT 1437 PINE STREET, IOWA
CITY, IOWA. RES. 03-328, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 2232 CALIFORNIA STREET, IOWA CITY, IOWA.
Correspondence: Susan Shinnick regarding Speeding on Bloomington Street
[staff response included]. James Lewis regarding Cost of Government Summit. Kevin
Boyd (DTA) regarding Self-Supported Municipal Improvement District (SSMID). Louis
Ginsberg regarding Request to Advertise Scouting for Food. Betty Funk regarding
MidAmerican Energy. Katy Pedersen regarding Affirmative Action [staff response
included]. Richard Kessel regarding Mediacom [staff response included]. Joe Cherner
regarding Smoking (3). Cynthia Parsons regarding Application to Replace Windows,
702 E Washington Street [Staff response included].
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-329, SETTING A
PUBLIC HEARING FOR NOVEMBER 10, 2003, ON AN ORDINANCE AMENDING TITLE 3
ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES, AND PENALITIES"; AMENDING TITLE 14 ENTITLED
"UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A,
"GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4,
"RATES AND CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE 14 ENTITLED
"UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," TO CREATE A
STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY FEE. Individual
Council Members expressed their views. Moved by Kanner, seconded by Pfab, to amend the
resolution to set a public hearing for January 6, 2004. The Mayor declared the motion to
amend defeated, 2/5, with the following show of hands: ayes: Kanner, Pfab. Nays:
Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. The Mayor declared the original
resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Kanner,
Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Absent: None.
Council Member Wilburn left the meeting due to a conflict of interest.
Moved by Champion, seconded by O'Donnell, to set a public hearing for November 10
on a proposed amendment to Iowa City's 2001-2006 Consolidated Plan (City Steps). PCD
Director Franklin present for discussion. The Mayor declared the motion carried unanimously,
6/0, Wilburn abstaining.
Complete Description
October 28, 2003
Page 3
Council Member Wilburn returned to the meeting.
Al Hallene and Tom Walz thanked Council on approving Community Development Block
Grant funds for Extend a Dream Foundation, and updated Council on the project. Moved by
Wilburn, seconded by Vanderhoef, to accept correspondence. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by O'Donnell, to set a public hearing for November 10
on an ordinance vacating a portion of the alley located South of Kirkwood Avenue (Lensing)
and west of Diana Street. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for November
10 on an ordinance amending the definition of restaurant. Individual Council Members
expressed their views. ']'he Mayor declared the motion carried, 5/2, with the following division
of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner,
Pfab. Absent: None.
A public hearing was held on an ordinance changing the zoning designation of
approximately 13,500 square feet from Central Business District (CB-2), to Planned High
Density Residential (PRM), located at 512 S. Dubuque Street (University View Partners)
South of Cour~ Street. Atty. Joe Holland, representing the applicant appeared.
A public hearing was held on an ordinance vacating a portion of the alley located to
the east of 512 S. Dubuque Street (University View Partners). Atty. Joe Holland representing
the applicant appeared.
Moved by Pfab, seconded by Vanderhoef, that the ordinance vacating a portion of the
alley located to the east of 512 S. Dubuque Street (University View Partners), be given first
vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Moved by O'Donnell, seconded by Champion, to adopt RES. 03-330, APPROVING
THE FINAL PLAT OF VILLAGE GREEN PART 19. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by Wilburn, that ORD. 03-4100, AMENDING TITLE
3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES AND PENALTIES", SUBSECTION 7 "PARKING
VIOLATIONS" OF THE CITY CODE TO INCREASE MONTHLY PARKING PERMIT FEES
FOR CITY EMPLOYEE LOT PERMITS, 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. 03-331, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE WATERWORKS PARK BUTLER
HOUSE/AMPHITHEATER TRAILS PROJECT STP-E-3715(623)--SV-52. 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 Waterworks Park Butler. House/Ampitheater Trails project,
establishing amount of bid security to accompany each bid, directing City Clerk to publish
advertisement for bids. No one appeared.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-332, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE WATERWORKS PARK BUTLER HOUSE/AMPITHEATER
TRAILS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Complete Description
October 28, 2003
Page 4
A public hearing was held on proceedings to take additional action for the
authorization and issuance of $3,925,000 general obligation bonds. The following individuals
appeared: Byron Ross, 1488 Cromwell PI.; Jim Knapp, 528 Rundell St.; and Forrest Friedan,
20 S. Lucas St. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from
Byron Ross. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-333, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF $3,925,000 GENERAL OBLIGATION BONDS. Jim Knapp, 528 Rundell St.,
appeared. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held on proceedings to take additional action for the
authorization and issuance of not to exceed $360,000 General Obligation Bonds. No one
appeared.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-334, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $360,000 GENERAL OBLIGATION BONDS. Byron Ross,
1488 Cromwell PI., appeared. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
A public hearing was held on proceedings to take additional action for the
authorization and issuance of not to exceed $585,000 General Obligation Bonds. No one
appeared.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-335, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $585,000 GENERAL OBLIGATION BONDS. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
A public hearing was held on proceedings to take additional action for the
authorization and issuance of not to exceed $700,000 General Obligation Bonds. No one
appeared.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-336, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-337, DIRECTING
THE ADVERTISEMENT FOR SALE OF $5,570,000 GENERAL OBLIGATION BONDS, AND
APPROVING ELECTRONIC BIDDING PROCEDURES. 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. 03-338,
AUTHORIZING ADOPTION OF DEFERRED COMPENSATION PLANS WITH THE
INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION
AND NATIONWIDE RETIREMENT SOLUTIONS. Finance Director O'Malley present for
discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Wilbum, seconded by Champion, to adopt RES. 03-339, ESTABLISHING
FEES FOR SERVICES RELATED TO GEOGRAPHIC COMPUTER DATA BASE SYSTEM
MAPPING ACTIVITIES OF THE IOWA CITY ENGINEERING DIVISION. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Complete Description
October 28, 2003
Page 5
Moved by Champion, seconded by Wilburn, to approve a letter to Federal Legislators
regarding the USA Patriot Act. Bill of Rights Defense Committee Members Garry Klein, 628
2"aAve., and Julie Spears, 1019 Church St., appeared. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present. City Atty. Dilkes will provide memo
regarding preliminary thoughts on October 14 inquiry if the requirement that the Chief of
Police report to Council on any inquiries from the feds under the guise of the Patriot Act
could be handled similar to use of force reports presented to Council currently. Moved by
O'Donnell, seconded by Kanner, to accept correspondence from Julie Spears, Rachel
Antonuccio, Brendan Fitzgibbons, Robert Givens, James Herd, Caroline Dieterle. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Wilburn, to grant a 45-day extension to the Police
Citizens Review Board for the filing of the public report with the City Council on Complaint
#03-05, #03-06, #03-07. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Wilburn, to appoint Valerie Garr, 14 Pond View
Court, to the Human Rights Commission for one appointment for an unexpired term ending
January 1,2005. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
The Mayor noted the previously announced vacancies: Airport Zoning Board of
Adjustment for an unexpired plus a five-year term ending December 31,2008; Animal Care &
Adoption Center Advisory Board for a three-year term January 1,2004 - December 31,2006;
Board of Adjustment for a five-year term January 1,2004 - January 1,2009; Board of
Appeals for two vacancies (one Mechanical Professional) to fill five-year terms January 1,
2004 - December 31,2008; Historic Preservation Commission for a (Woodlawn District
Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Human Rights
Commission for three vacancies to fill three-year terms January 1,2004 - January 1,2007;
Parks & Recreation Commission for two vacancies to fill four-year terms January 1,2004 -
January 1,2008; Senior Center Commission for two vacancies to fill three-year terms
January 1,2004 - December 31,2006. Applications must be received by 5:00 p.m.,
Wednesday, November 5. Police Citizens Review Board for an unexpired term ending
September 1,2005. Applications must be received by 5:00 p.m., Wednesday, November 19.
Council Member Pfab congratulated the Public Library on their quick electronic
response to his request for a book not currently available at the Library.
Council Member O'Donnell encouraged everyone to vote November 4, and thanked
candidates for stepping forward and offering to serve their community.
Council Member Champion reported a truck trucked in the middle of Dubuque Street
all day. The Mayor encouraged her to report to proper authorities while it is parked there,
and the City Manager asked her to write down the license plate also.
Council Member O'Donnell acknowledged the Iowa River rescue efforts of Steve
Thunder-McGuire at City Park recently.
Mayor Pro tern Vanderhoef reported on the results of Skills 2000, and the need for
more education in this community to be in the work force of the future; and stated she would
provide copies of the report.
Council Member Wilbum congratulated the young people involved in the Youth Vote
Forum October 23.
Mayor Pro tem Vanderhoef congratulated the Crisis Center and Director Wilbum on
the opening of their new warehouse partially funded by CDBG funds.
Council Member Kanner thanked walkers and bicyclists for making Iowa City a safer
place, noting Iowa City was one of the top communities in the country for cyclists and
th
walkers; wished his parents a happy 50 anniversary; stated the National League of Cities
(NLC) had taken a stance against the Clear Act of 2003 and hoped the City would endorse
Complete Description
October 28, 2003
Page 6
the NLC against the bill and asked Mayor Pro tem Vanderhoef to bring back information on
the bill after her next NLC meeting; wished citizens of Islam faith a good Ramadan.
Mayor Lehman announced the first annual Human Rights Youth Awards and
encouraged citizens to contact Human Rights Coordinator Heather Shank or the City Clerk's
office for more information.
Moved by Vanderhoef, seconded by Wilburn, to adjourn special meeting 8:30 p.m.
The Mayor declared the motion carried unanimously, 7/0, a/l~uncil Members pre/~ent;,/~
~?n~st W. Lehman, Mayor
Mar~n I~. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the Cit~ ~,:~(2~
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 - 10/14/03
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 proclaimed: Pilot International Day - October 18; Domestic Violence
Awareness Month - October 18, Laurie Nash accepting; United Nations Day - October 24,
Mary Lanaghan, Kirkwood Literacy Coordinator accepting; Child Protection Day - October 25;
Change Your Clock, Change Your Battery Day - October 26, Lt. Dolan, Fire Department
accepting.
The Mayor presented a Certificate of Achievement for Excellence in Financial
Reporting - Fiscal Year Ended June 30, 2002, Erin Herting accepting.
The Mayor presented Outstanding Student Citizenship Awards to Roosevelt
Elementary students: Cassie Jenn, Erin Richmond, Garret DeNeve.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received or approved, and/or adopted as amended and to delete from the
Consent Calendar and consider for separate consideration the following items: Item 5f(5)
resolution authorizing the filing of an application with Iowa Department of Transportation for
funding from the Iowa Clean Air Attainment Program for the Arterial Street Traffic Signal
Interconnection project and Item 5f(9) a resolution establishing a new Commercial Driver's
License Substance Abuse Prevention program:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk. September 22 Special Council Formal Official and Complete. September
22 Special Work Session. September 23 Special Council Formal Official and
Complete.
Receive and File Minutes of Boards and Commissions (recommendations to
Council become effective only upon separate Council action).
Housing and Community Development Commission - June 19. Iowa City Public
Library Board of Trustees - August 28. Iowa City Telecommunications Commission -
August 25. Parks and Recreation Commission - September 10. Planning and Zoning
Commission - August 7. Planning and Zoning Commission - September 18. Public Art
Advisory Committee - September 4.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Special Class C Liquor License for Masala, 9 S. Dubuque St. Renewals: Class C
liquor License for Brown Bottle, 115 E. Washington St. Class C Liquor License for
Givanni's, 109 E. College St. Class C Liquor License for Micky's Irish Pub, 11 S.
Dubuque St. Class C Liquor License for Mondo's, 212 S. Clinton St. Class C Liquor
License for Hilltop Lounge, 1100 N. Dodge St. Class C Beer Permit for Kum & Go
#51,323 E. Burlington St. Class C Beer Permit for Hy-Vee Gas #1,260 Stevens Dr.
Class C Beer Permit for North Dodge Express, 2790 N. Dodge St. Class C Beer
Permit for Sunset HandiMart, 1410 Willow Creek Dr. Class C Beer Permit for Deli Mart
#5,206 E. Benton St. Class C Beer Permit for On the Go Convenience Stores, Inc.,
2315 Muscatine Ave. Refund an unused portion of a Special Class C Liquor License
for Masala, 9 S. Dubuque St. RES. 03-300, TO ISSUE DANCE PERMIT Mondo's, 212
S. Clinton St.
Motions: approve disbursements in the amount of $17,231,801.32 for the
period of July 1 through July 31,2003, as recommended by the Finance Director
subject to audit.
Official Council Actions
October 14, 2003
Page 2
Setting Public Hearings: RES. 03-301, SETTING A PUBLIC HEARING FOR
OCTOBER 28 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PARK
BUTLER HOUSE/AMPHITHEATER TRAILS 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. 03-302, FIXING
DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $3,925,000 OF GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR
PUBLICATION AND NOTICE THEREOF. RES. 03-303, FIXING DATE FOR A
MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$360,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE
PURPOSE) AND PROVIDING FOR PUBLICATION AND NOTICE THEREOF. RES.
03-304, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE
ISSUANCE OF NOT TO EXCEED $585,000 OF GENERAL OBLIGATION BONDS
(FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION
AND NOTICE THEREOF. RES. 03-305, FIXING DATE FORA MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL
OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION AND NOTICE THEREOF. RES. 03-306, INTENT
TO CONVEY A TWENTY FOOT WIDE BY SEVENTY-SEVEN FOOT LONG
VACATED PORTION OF THE ALLEY BETWEEN AND ADJACENT TO LOTS 2 AND
7, BLOCK 9, COUNTY SEAT ADDITION, WHICH IS LOCATED BETWEEN SOUTH
DUBUQUE AND LINN STREETS, TO UNIVERSITY VIEW PARTNERS, LARJ
PROPERTIES AND JALIL & MAHROOYEH MOSTAFAVI, AND SETTING A PUBLIC
HEARING ON SAID CONVEYANCE FOR NOVEMBER 25, 2003.
Resolutions: RES. 03-307, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED AT 407 TERRACE ROAD, IOWA
CITY, IOWA. RES. 03-308, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES
FOR THE PROPERTY LOCATED AT 1426 PLUM STREET, IOWA CITY, IOWA.
RES. 03-309, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA. RES.
03-310, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF
TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307 AND/OR 5309, TO BE
USED FOR FY2004 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE
FUNDING. RES. 03-311, ACCEPTING THE WORK FOR THE CONSTRUCTION OF
THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE. RES. 03-312,
ACCEPTING THE WORK FOR THE WATERWORKS PARK TRAILHEAD PARKING
PROJECT. RES. 03-313, ACCEPTING THE WORK FOR THE SCOTT BOULEVARD
EXTENSION - ACT TO ROCHESTER AVENUE, F/K/A SCOTT BOULEVARD
EXTENSION PHASE IV PROJECT.
Correspondence: Jeff Funcke regarding Deer [staff response included]. Dawn
Mueller regarding Energy Bill Being Considered by House and Senate. John
Longsworth regarding Alzheimer's Disease. Christopher Noun regarding Good Spirit
Youth Clubs International. Richard Kautz (IDOT) regarding Proposed Patching Project
on Interstate 80. B. Adam Burke regarding Cable. Boyd Crosby (Home Builders
Official Council Actions
October 14, 2003
Page 3
Association) regarding Development Code regarding Residential Design Standards
[staff response included]. A. Denita Gadson regarding Diabetes Awards Banquet. Tim
Laehn regarding Welcome Packets. Ali Pignotti regarding Binge Drinking [staff
response included]. Eve Casserle regarding October 6 Candidates Forum. Public
Power - Charles Conrad (MidAmerican Energy), Rod Sullivan. Patriot Act - Petition
with 120 signatures, Rachel Beck, Angela Christiansen, Cara Harris [staff response
included], Crockette Grabbe, Tom Carsner, Garry Klein, Angela Christiansen, Holly
Berkowitz, form letter from 38 individuals. Carolyn Cavitt and Jim Clayton (The
Stepping Up Project) regarding Underage Drinking (2). Mike Porter regarding
Community Relations Officer.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved and seconded to adopt RES. 03-314, REPEALING RESOLUTION 03-281
AND AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT
OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT
PROGRAM (ICAAP) FOR THE ARTERIAL STREET TRAFFIC SIGNAL
INTERCONNECTION PROJECT.
Moved and seconded to adopt RES. 03-315, RESCINDING THE 1999 COMMERCIAL
DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND
ALCOHOL, AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE
SUBSTANCE ABUSE PREVENTION PROGRAM.
Moved and seconded to set a public hearing for October 28 on an ordinance rezoning
approximately 13,500 square feet from Central Business Service (CB-2) zone to planned
high density residential (PRM) located at 512 S. Dubuque Street. The Mayor declared the
motion carried.
Moved and seconded to set a public hearing for October 28 on an ordinance vacating
a portion of the alley located to the east of 512 S. Dubuque Street. The Mayor declared the
motion carried.
Moved and seconded that ORD. 03-4099, REZONING APPROXIMATELY 8.7 ACRES
FROM INTERIM DEVELOPMENT (ID-RS) TO SENSITIVE AREAS OVERLAY-LOW
DENSITY SINGLE-FAMILY (OSA-5) LOCATED ON THE WEST SIDE OF FOSTER ROAD,
be passed and adopted.
Moved and seconded to defer indefinitely the resolution approving the preliminary and
final plat of Oakmont Estates. The Mayor declared the motion carried.
Moved and seconded that the rule requiring ordinances to be considered on 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 first consideration and vote be waived, and that ordinance the
amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties", Subsection 7 "Parking Violations" of the City Code to
increase monthly parking permit fees for city employee lot permits, be given second vote.
The Mayor declared the motion carried. Moved and seconded that the ordinance be given
second vote for consideration at this time. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 03-316, APPROVING THE GENERAL
CONCEPT FOR THE LONGFELLOW NEIGHBORHOOD ART PROJECT.
Moved and seconded to adopt RES. 03-317, APPROVING THE GENERAL
CONCEPT FOR THE GOOSETOWN NEIGHBORHOOD ART PROJECT.
Moved and seconded to adopt RES. 03-318, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR THE IMPROVEMENT AND SALE OF LAND FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS,
L.L.C. The following individuals appeared: William Boos, 427 E. Davenport St.; Jim Knapp,
Official Council Actions
October 14, 2003
Page 4
528 Rundell St.; Holly Hart; Holy Berkowitz, 612 Granada Ct.; James Thomas; Brett Castillo,
214 S. Summit St.; and Ollie Habhab. Moved and seconded to call the question. The Mayor
declared the motion carried The Mayor declared the resolution adopted Moved and
seconded to accept correspondence from Marc Moen and Jim Knapp. The Mayor declared
the motion carried.
Moved and seconded to adopt RES. 03-319, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE IOWA HIGHWAY 1 (DODGE STREET)/NORTHGATE
DRIVE TRAFFIC SIGNAL PROJECT.
Moved and seconded to adopt RES. 03-320, AUTHORIZING EXECUTION OF A
CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE CITY OF
CORALVILLE, AND SOUTHGATE DEVELOPMENT COMPANY REGARDING CERTAIN
OBLIGATIONS INVOLVING THE DESIGN OF CAMP CARDINAL ROAD.
Moved and seconded to make the following appointments to Boards and
Commissions: John Staley, 314 Beldon Avenue, to the Airport Commission to fill an
unexpired term ending March 1,2006; James McCue, 447 S. Summit, and Catherine Fribley,
1725 F Street, to the Human Rights Commission to fill unexpired terms ending January 1,
2006 and the other ending January 1,2005 respectfully; Mark Seabold, 307 College Court, to
the Public Art Advisory Committee for an Art or Design Professional to fill an unexpired plus a
three-year term ending January 1,2007. The Mayor declared the motion carried. The Mayor
noted that the vacancy on the Airport Zoning Board of Adjustment to fill an unexpired plus a
five-year term ending December 31,2008, will be readvertised. No applications were
received for the Historic Preservation Commission for a (Woodlawn District Representative)
to fill a three-year term March 29, 2003 - March 29, 2006. 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.
Council Member Wilburn left meeting due to a conflict of interest.
Moved and seconded to appoint Michelle Mackel-Wiederanders, 1023 Friendly
Avenue, and Erin Barnes, P. O. Box 812, to the Housing & Community Development
Commission to fill two three-year terms September 1,2003 - September 1,2006. The Mayor
declared the motion carried.
Council Member Wilburn returned to the meeting.
The Mayor announced the following vacancy: Police Citizens Review Board for an
unexpired term ending September 1,2005. Applications must be received by 5:00 p.m.,
Wednesday, November 19.
The Mayor noted the previously announced vacancies: Human Rights Commission for
an unexpired term ending January 1,2005. Applications must be received by 5:00 p.m.,
Wednesday, October 22. Animal Care & Adoption Center Advisory Board for a three-year
term January 1,2004 - December 31,2006; Board of Adjustment for a five-year term
January 1,2004 - January 1,2009. Board of Appeals for two vacancies (one Mechanical
Professional) to fill five-year terms January 1,2004 - December 31,2008;.Human Rights
Commission for three vacancies to fill three-year terms January 1,2004 - January 1,2007;
Parks & Recreation Commission for two vacancies to fill four-year terms January 1,2004 -
January 1,2008; Senior Center Commission for two vacancies to fill three-year terms
January 1,2004 - December 31,2006. Applications must be received by 5:00 p.m.,
Wednesday, November 5.
Moved and seconded to adjourn special meeting 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.
Official Council Actions
October 14, 2003
Page 5
s/Ernest W. Lehman, Mayor
s/Marian K. Karr, City Clerk
Submitted for p'ubl~t~on - 10/22/03.
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
OCTOBER 14, 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, Holecek, Karr,
Franklin, Dolan, Herring, Knoche. Council minutes tape recorded on Tape 03-72. Side: 2;
Tape 03-75, Both Sides.
The Mayor proclaimed: Pilot International Day - October 18; Domestic Violence
Awareness Month - October 18, Laurie Nash accepting; United Nations Day - October 24,
Mary Lanaghan, Kirkwood Literacy Coordinator accepting; Child Protection Day - October 25;
Change Your Clock, Change Your Battery Day - October 26, Lt. Dolan, Fire Department
accepting.
The Mayor presented a Certificate of Achievement for Excellence in Financial
Reporting - Fiscal Year Ended June 30, 2002, Erin Herting accepting.
The Mayor presented Outstanding Student Citizenship Awards to Roosevelt
Elementary students: Cassie Jenn, Erin Richmond, Garret DeNeve.
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 and to delete from the Consent Calendar and consider for separate consideration
the following items: Item 5f(5) resolution authorizing the filing of an application with Iowa
Department of Transportation for funding from the Iowa Clean Air Attainment Program for the
Arterial Street Traffic Signal Interconnection project and Item 5f(9) a resolution establishing a
new Commercial Driver's License Substance Abuse Prevention program:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk. September 22 Special Council Formal Official and Complete. September
22 Special Work Session. September 23 Special Council Formal Official and
Complete.
Receive and File Minutes of Boards and Commissions (recommendations to
Council become effective only upon separate Council action).
Housing and Community Development Commission - June 19. Iowa City Public
Library Board of Trustees - August 28. Iowa City Telecommunications Commission -
August 25. Parks and Recreation Commission - September 10. Planning and Zoning
Commission - August 7. Planning and Zoning Commission - September 18. Public Art
Advisory Committee - September 4.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.
Renewals: Class C liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E.
Washington St. Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's,
109 E. College St. Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's
Irish Pub, 11 S. Dubuque St. Class C Liquor License for Mondo's of Iowa City, Inc.,
dba Mondo's, 212 S. Clinton St. Class C Liquor License for Hilltop Tavern, Ltd., dba
Hilltop Lounge, 1100 N. Dodge St. Class C Beer Permit for Kum & Go, LC, dba Kum &
Go #51,323 E. Burlington St. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Gas
#1,260 Stevens Dr. Class C Beer Permit for ND Express, Inc., dba North Dodge
Express, 2790 N. Dodge St. Class C Beer Permit for Nordstrom Oil Company dba
Sunset HandiMart, 1410 Willow Creek Dr. Class C Beer Permit for Deli Mart, Corp.,
dba Deli Mart #5, 206 E. Benton St. Class C Beer Permit for On the Go Convenience
Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave. Refund
an unused portion of a Special Class C Liquor License for OM, Inc., dba Masala, 9 S.
Complete Description
October 14, 2003
Page 2
Dubuque St. RES. 03-300, TO ISSUE DANCE PERMIT Mondo's of Iowa City, Inc.,
dba Mondo's, 212 S. Clinton St.
Motions: approve disbursements in the amount of $17,231,801.32 for the
period of July 1 through July 31,2003, as recommended by the Finance Director
subject to audit.
Setting Public Hearings: RES. 03-301, SETTING A PUBLIC HEARING FOR
OCTOBER 28 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PARK
BUTLER HOUSE/AMPHITHEATER TRAILS 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. 03-302, FIXING
DATE FORA MEETING (October 28) ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $3,925,000 OF GENERAL OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING
FOR PUBLICATION AND NOTICE THEREOF. RES. 03-303, FIXING DATE FOR A
MEETING (October 28) ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $360,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL
CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION AND NOTICE
THEREOF. RES. 03-304, FIXING DATE FORA MEETING (October 28) ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $585,000 OF GENERAL
OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION AND NOTICE THEREOF. RES. 03-305, FIXING
DATE FORA MEETING (October 28) ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FORA
GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION AND
NOTICE THEREOF. RES. 03-306, INTENT TO CONVEY A TWENTY FOOT WIDE
BY SEVENTY-SEVEN FOOT LONG VACATED PORTION OF THE ALLEY
BETWEEN AND ADJACENT TO LOTS 2 AND 7, BLOCK 9, COUNTY SEAT
ADDITION, WHICH IS LOCATED BETWEEN SOUTH DUBUQUE AND LINN
STREETS, TO UNIVERSITY VIEW PARTNERS, LARJ PROPERTIES AND JALIL &
MAHROOYEH MOSTAFAVI, AND SETTING A PUBLIC HEARING ON SAID
CONVEYANCE FOR NOVEMBER 25, 2003.
Resolutions: RES. 03-307, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED AT 407 TERRACE ROAD, IOWA
CITY, IOWA. RES. 03-308, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES
FOR THE PROPERTY LOCATED AT 1426 PLUM STREET, IOWA CITY, IOWA.
RES. 03-309, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA. RES.
03-310, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF
TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307 AND/OR 5309, TO BE
USED FOR FY2004 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE
FUNDING. RES. 03-311, ACCEPTING THE WORK FOR THE CONSTRUCTION OF
THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE. RES. 03-312,
ACCEPTING THE WORK FOR THE WATERWORKS PARK TRAILHEAD PARKING
PROJECT. RES. 03-313, ACCEPTING THE WORK FOR THE SCOTT BOULEVARD
EXTENSION - ACT TO ROCHESTER AVENUE, F/K/A SCOTT BOULEVARD
Complete Description
October 14, 2003
Page 3
EXTENSION PHASE IV PROJECT.
Correspondence: Jeff Funcke regarding Deer [staff response included]. Dawn
Mueller regarding Energy Bill Being Considered by House and Senate. John
Longsworth regarding Alzheimer's Disease. Christopher Noun regarding Good Spirit
Youth Clubs International. Richard Kautz (IDOT) regarding Proposed Patching Project
on Interstate 80. B. Adam Burke regarding Cable. Boyd Crosby (Home Builders
Association) regarding Development Code regarding Residential Design Standards
[staff response included]. A. Denita Gadson regarding Diabetes Awards Banquet. Tim
Laehn regarding Welcome Packets. Ali Pignotti regarding Binge Drinking [staff
response included]. Eve Casserle regarding October 6 Candidates Forum. Public
Power - Charles Conrad (MidAmerican Energy), Rod Sullivan. Patriot Act - Petition
with 120 signatures, Rachel Beck, Angela Christiansen, Cara Harris [staff response
included], Crockette Grabbe, Tom Carsner, Garry Klein, Angela Christiansen, Holly
Berkowitz, form letter from 38 individuals. Carolyn Cavitt and Jim Clayton (The
Stepping Up Project) regarding Underage Drinking (2). Mike Porter regarding
Community Relations Officer.
In response to Council Member Kanner, PCD Director Franklin present for discussion of the
art purchases for public building mentioned in the bond sale; and concerns at the Sand Hill
development site. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-314, REPEALING
RESOLUTION 03-281 AND AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN
AIR ATTAINMENT PROGRAM (ICAAP) FOR THE ARTERIAL STREET TRAFFIC SIGNAL
INTERCONNECTION PROJECT. Individual Council Members expressed their views. The
Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes:
Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-315, RESCINDING
THE 1999 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION
PROGRAM FOR DRUGS AND ALCOHOL, AND ESTABLISHING A NEW COMMERCIAL
DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM. 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 Vanderhoef, to set a public hearing for October 28
on an ordinance rezoning approximately 13,500 square feet from Central Business Service
(CB-2) zone to planned high density residential (PRM) located at 512 S. Dubuque Street
(University View Partners). The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Pfab, seconded by Champion, to set a public hearing for October 28 on an
ordinance vacating a portion of the alley located to the east of 512 S. Dubuque Street
(University View Partners). The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Vanderhoef, seconded by Champion, that ORD. 03-4099, REZONING
APPROXIMATELY 8.7 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO SENSITIVE
AREAS OVERLAY-LOW DENSITY SINGLE-FAMILY (OSA-5) LOCATED ON THE WEST
SIDE OF FOSTER ROAD (Oakmont Estates), be passed and adopted. The Mayor declared
the ordinance a~opted, 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 Pfab, to defer indefinitely the resolution approving
the preliminary and final plat of Oakmont Estates. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Complete Description
October 14, 2003
Page 4
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to
be considered on 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 first consideration and vote be waived,
and that ordinance the amending Title 3, "City Finances, Taxation and Fees," Chapter 4,
"Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Subsection 7 "Parking
Violations" of the City Code to increase monthly parking permit fees for city employee lot
permits, be given second vote. 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 Vanderhoef, seconded by O'Donnell, that the
ordinance be given second vote for consideration at this time. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Pfab, to adopt RES. 03-316, APPROVING THE
GENERAL CONCEPT FOR THE LONGFELLOW NEIGHBORHOOD ART PROJECT.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wilburn, seconded by Pfab, to adopt RES. 03-317, APPROVING THE
GENERAL CONCEPT FOR THE GOOSETOWN NEIGHBORHOOD ART PROJECT.
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. 03-318, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT FOR THE IMPROVEMENT AND SALE OF LAND FOR
PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA
TOWERS, L.L.C. The following individuals appeared: William Boos, 427 E. Davenport St.;
Jim Knapp, 528 Rundell St.; Holly Hart; Holy Berkowitz, 612 Granada Ct.; James Thomas;
Brett Castillo, 214 S. Summit St.; and Ollie Habhab. Individual Council Members expressed
their views. Moved by Champion, seconded by O'Donnell, to call the question. The Mayor
declared the motion carried with the following show of hands, 6/1 (in accordance with RES.
00-117), Pfab voting "no", and Kanner abstaining (not voting). The Mayor declared the
resolution adopted, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman,
O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by O'Donnell,
seconded by Vanderhoef, to accept correspondence from Marc Moen and Jim Knapp. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-319, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA HIGHWAY 1 (DODGE
STREET) / NORTHGATE DRIVE TRAFFIC SIGNAL PROJECT to KWS, Inc. for $11,769.00.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-320,
AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF
IOWA CITY, THE CITY OF CORALVILLE, AND SOUTHGATE DEVELOPMENT COMPANY
REGARDING CERTAIN OBLIGATIONS INVOLVING THE DESIGN OF CAMP CARDINAL
ROAD. Individual Council Members expressed their views. The Mayor declared the
resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell,
Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None.
Moved by Vanderhoef, seconded by O'Donnell, to make the following appointments to
Boards and Commissions: John Staley, 314 Beldon Avenue, to the Airpor[ Commission to fill
an unexpired term ending March 1,2006; James McCue, 447 S. Summit, and Catherine
Fribley, 1725 F Street, to the Human Rights Commission to fill unexpired terms ending
January 1,2006 and the other ending January 1,2005 respectfully; Mark Seabold, 307
Complete Description
October 14, 2003
Page 5
College Court, to the Public Art Advisory Committee for an Art or Design Professional to fill
an unexpired plus a three-year term ending January 1,2007. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present. The Mayor noted that the vacancy on
the Airport Zoning Board of Adjustment to fill an unexpired plus a five-year term ending
December 31,2008, will be readvertised. No applications were received for the Historic
Preservation Commission for a (Woodlawn District Representative) to fill a three-year term
March 29, 2003 - March 29, 2006. 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.
Council Member Wilburn left meeting due to a conflict of interest.
Moved by Pfab, seconded by Champion, to appoint Michelle Mackel-Wiederanders,
1023 Friendly Avenue, and Erin Barnes, P. O. Box 812, to the Housing & Community
Development Commission to fill two three-year terms September 1,2003 - September 1,
2006. The Mayor declared the motion carried, 6/0, Wilburn abstaining.
Council Member Wilburn returned to the meeting.
The Mayor announced the following vacancy: Police Citizens Review Board for an
unexpired term ending September 1,2005. Applications must be received by 5:00 p.m.,
Wednesday, November 19.
The Mayor noted the previously announced vacancies: Human Rights Commission for
an unexpired term ending January 1,2005. Applications must be received by 5:00 p.m.,
Wednesday, October 22. Animal Care & Adoption Center Advisory Board for a three-year
term January 1,2004 - December 31,2006; Board of Adjustment for a five-year term
January 1,2004 - January 1,2009. Board of Appeals for two vacancies (one Mechanical
Professional) to fill five-year terms January 1,2004 - December 31,2008;.Human Rights
Commission for three vacancies to fill three-year terms January 1,2004 - January 1,2007;
Parks & Recreation Commission for two vacancies to fill four-year terms January 1,2004 -
January 1,2008; Senior Center Commission for two vacancies to fill three-year terms
January 1,2004 - December 31,2006. Applications must be received by 5:00 p.m.,
Wednesday, November 5.
Council Member O'Donnell congratulated Jerry Hansen on receiving the Governor's
Service Award.
Mayor Pro tem Vanderhoef reported on the open house and ribbon cutting at the City
sewer plant, and encouraged citizens to explore the new drainage-way area.
Council Member Wilburn noted recent Council discussion on the Patriot Act and
Council's decision to pursue a letter of concern, and stated his interest in including a
requirement that the Chief of Police report to Council on any inquiries from the feds under the
guise of the Patriot Act similar to use of force reports presented to Council. Asst. City Atty.
Holecek will report back; thanked the Iowa City School District for coordinating the barriers to
learning meeting attended by community organizations and individuals.
Council Member Kanner noted the Telecommunications minutes and the reference
that the Senior Center Program and requested a memo clarifying the proposed changes;
requested Council schedule discussion of prohibiting people smoking within 20 feet of City
Hall. Council concurred to add the item to a future work session agenda; thanked teacher
Carrie Watson at the Senior Alternate High School for inviting him to attend a local politics
class; thanked teacher Alisa Meggitt at Lucas Elementary for inviting him to do morning
th
announcements and interact with her 5 grade class; and thanked Parks & Recreation
Commission for sponsoring annual parks and facilities tour.
Mayor Lehman acknowledged individuals who chose to run for public office.
City Manager Atkins reported he had been selected to attend a conference next week
in Des Moines with the Public Strategies Group regarding reinventing government; and
Complete Description
October 14, 2003
Page 6
announced the City had received a $80,000 REAP grant for seeding of prairie grass and
wildflowers at Waterworks Park.
Moved by O'Donnell, seconded by Wilburn, to adjourn special meeting 8:50 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
City of Iowa City
MEMORANDUM
Date: October 13, 2003
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, October 13, 2003, 6:30 PM in Emma J. Harvat Hall
Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn
Staff: Atkins, Helling, Holecek, Kart, Matthews, Franklin, Craig
Tapes: 03-70, Side 2; 03-73, Both Sides; 03-74, 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 OCTOBER 28 ON AN ORDINANCE REZONING
APPROXIMATELY 13,500 SQUARE FEET FROM CENTRAL BUSINESS SERVICE (CB-
2) ZONE TO PLANNED HIGH DENSITY RESIDENTIAL (PRM) LOCATED AT 512 S.
DUBUQUE STREET. (REZ03-00021) (University View Partners)
B. SETTING A PUBLIC HEARING FOR OCTOBER 28 ON AN ORDINANCE VACATING A
PORTION OF THE ALLEY LOCATED TO THE EAST OF 512 S. DUBUQUE STREET
(VAC03-00002) (University View Partners)
In response to Council Member Kanner, Franklin stated she will report on existing easement at
the next meeting.
C. ORDINANCE REZONING APPROXIMATELY 8.7 ACRES FROM INTERIM
DEVELOPMENT (ID-RS) TO SENSITIVE AREAS OVERLAY-LOW DENSITY SINGLE-
FAMILY (OSA-5) LOCATED ON THE WEST SIDE OF FOSTER ROAD. (REZ03-
00017/SUB03-00019) (PASS AND ADOPT)
D. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF OAKMONT
ESTATES. (SUB03-000019 AND SUB03-00034)
Franklin stated the applicant has requested indefinite deferral to attempt to have an existing
easement vacated.
AGENDA ITEMS
1. (Consent Calendar #5e(2), (3), (4) and (5) .... Resolutions ... Bond sales .... ) In response to
Council Member Kanner, City Manager Atkins stated Central Corporate Purpose and
Council Work Session
O~oberl3, 2003
Page 2
General Corporate Purpose were defined in State Code and definitions, as well as all
paperwork, had been reviewed by Bond Counsel.
2. (Consent Calendar #5e(1) ...resolution ... Waterworks Park Butler House/Amphitheater
Trails Project) In response the Mayor Lehman, the City Manager stated the project was split
into two parts, included in the CIP, and did include grant money.
3. (Consent Calendar #5f(6) ... Resolution of intent ... Lots 2 and 7, Block 9, County Seat
Addition ... and setting public hearing ...) In response to Mayor Pro tern Vanderhoef, Asst.
City Atty. Holecek reported that no formal appraisal was done but the amount reference
assessed value of neighboring properties, and stated a memo from Asst. City Atty. Mitchell
was also included.
4. (Consent Calendar #5f(5) ... resolution.., filing application with lowa Department of
Transportation ... Arterial Street Traffic Signal Interconnection Project) In response to
Council Members Kanner and Pfab, the City Manager stated the resolution authorized an
addition $4,500.
Appointments
Airport Commission ~ John Staley
Airport Zoning Board of Adjustment- Readvertise
Historic Preservation - Readvertise
0Nilbum stated he had a conflict and left the table)
Housing and Community Development - Michelle (Shellie) Mackel-Wiederanders & Erin Barnes
0Nilburn returned to the table)
Human Rights - James McCue and Catherine Fribley
Public Art Advisory Committee - Mark Seabold
COUNCIL TIME
1. Council Member Champion raised concerns regarding the parking lot near the skateboard
park at Terrill Mill is being used by permanent parkers and there's no space for skaters.
Council Member Pfab raised concerns regarding lack of lighting and restrooms. The City
Manager will discuss with Parks & Recreation Director Trueblood and report back.
2. (iP11 of 10/9 Info Packet & IP2 of 10/2 Info Packet) Mayor Lehman noted the memo
regarding the United hangar at the Airport, and requested Council concurrence to proceed
with their recommendation to demolish rather than move or reconstruct it. Council agreed.
3. Council Member Champion stated the restrooms at City Park are cleaner than most
restaurants and complimented Parks & Recreation crews.
4. (IP8 of 10/9 Info Packet) Council Member Kanner stated he was confused with a number of
items in the Memo from Budget Analyst Mansfield relative to gas and electric excise tax,
and would talk to Finance Director O'Malley.
Council Work Session
October 13, 2003
Page 3
5. (IP5 of 10/9 Info Packet) Mayor Pro tem Vanderhoef noted the memo regarding community
events and program funding. Majority agreed not to advertise for new programs, and
budget in accordance with reduction made the previous year.
6. (IP10 of 10/9 Info Packet) In response to Council Member Kanner, a majority agreed to
schedule a work session discussion of an appearance of advertising or sponsorship. Asst.
City Atty. Holecek stated a policy had been drafted for this particular project, and would be
available at the time of the discussion.
7. (IP18 of 10/9 Info Packet) Council Member Kanner noted that two Senior Center
Commission Members had voted against opening up a designed community fund of
Johnson County, and requested information on their disagreement as well as an update on
the membership goal. The City Manager will follow up.
PLAZA TOWERS AMENDMENTS (Agenda Item #11)
PCD Director Franklin, Developer Marc Moen, and Senior Vice President and Managing
Director David Dahlin (BB [Bankers Bank] Syndication Services) present for discussion.
Majority of Council agreed to the resolution as presented.
STAFF ACTION: If financing is not in place an item will be placed on the December '16
formal Council agenda. (Franklin)
PLANNING FOR PARKING ON NARROW STREETS (IP1 of 10/9 Info Packet)
PCD Director Franklin outlined the proposal to consider a parking prohibition or limitation on all
plats and plans with narrow streets, and include language in the new Development Code
subdivision regulation to address the issue. Council concurred.
STAFF ACTION: Proceed as outlined. (Franklin)
MUNICIPAL ELECTRIC (IP2 and IP3 of 10/9 Info Packet)
Council provided questions for staff to forward to Latham & Associates prior to special work
session meeting on November 17. Council agreed to:
· schedule meeting for November 17 with Latham & Associates
· meeting will be in Harvat Hall, podium for Mr. Latham, Council at formal diaz
· public may submit written questions to the City Clerk or individual Council Members prior to
Wednesday, October 15
· written questions may also be submitted on the November 17
· directed staff to start preliminary franchise agreement negotiations with MidAmerica
STAFF ACTION: Compile questions and fo~vard to Latham & Associates for response
November 17. (Helling/Matthews)
Council Work Session
October 13, 2003
Page 4
CONSIDERATION OF ISSUES NOT UNDER COUNCIL JURISDICTION/USA PATRIOT ACT
After discussion, a majority of Council agreed to send letter of concern from the City Council to
legislators on the Patriot Act, and there was no decision on formulation of a formal policy on
issues not under Council jurisdiction. Mayor Lehman and Council Member Champion will draft
letter for October 28 formal action.
STAFF ACTION: Include motion on October 28 formal agenda. (Karr)
Meeting adjourned 9:35 PM.