HomeMy WebLinkAbout2003-12-16 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
DECEMBER 16, 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,
Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr,
Franklin, Knoche, O'Neil, Boelk, Nasby, Helling, Fosse. Council minutes tape recorded on
Tape 03-87; Side 2; Tape 03-89, Side 1.
The Mayor proclaimed: Aviation Day - December 17, Airport Commission Vice Chair
Randy Hartwig accepting.
The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary
students: Katie Goldsmith, Morgan Ohland, Jonathan Powell.
The Mayor presented recognition gifts to outgoing Council Members Steven Kanner
and Irvin Pfab.
Moved by Champion, seconded by O'Donnell, that the following items and
recommendations in the Consent Calendar be received and or approved, and/or adopted as
amended and to consider for separate consideration item 4e(1) motion setting public hearing
on an amendment to the FY04 Annual Action Plan Budget:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: November 17 Special Work Session; November 24 Special Work Session;
November 24 Special Council Formal Official and Complete; November 25 Special
Council Formal Official and Complete; December 2 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 Airport
Commission - November 13; Iowa City Public Library Board of Trustees - October 23;
Planning and Zoning Commission - November 6; Planning and Zoning Commission -
November 20; Police Citizens Review Board - October 29
Recommendation to Council: Accept PCRB Report on Complaint #03-
05; Accept PCRB Report on Complaint #03-06 and #03-07;
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Iowa City Group, LLC, dba Piano Lounge, 217 Iowa Ave.
Comment: Memo from Johnson County Attorney included in packet. Class C Liquor
License for Moon Rye Chin dba Aoeshe Restaurant, 624 S. Gilbert St. Class C Liquor
License for Jamis, LLC, dba Ground Round Restaurant, 830 S, Riverside Dr.
Renewals: Class C Liquor License for New Yen Ching Restaurant, Inc., dba New Yen
Ching Restaurant, 1803 Boyrum. Class B Liquor License for Ackerman Investment
Co., dba Quality Inn & Suites, Highlander Conference Center, 2525 N. Dodge St.
Class C Liquor License for Oabe's, Inc., dba Gabe's, 330 E. Washington St. Outdoor
Service Area for Gabe's, Inc., dba Gabe's, 330 E. Washington St. Class C Liquor
License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St. Class C liquor
License for Water-B, Inc., dba Studio 13, 13 S. Linn St. Special Class C Liquor
License for USIAM, Inc., dba Thai Flavors, 340 E. Burlington St. Special Class C
Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E.
Bloomington St. Special Class C Liquor License for India Cafb, Corp., dba India Cafb,
227 E. Washington St. Class C Beer Permit for JG Robins, Inc., dba Petro-N-
Provisions, 2 Escort Ln. Class C Liquor License for CMB, Inc., dba Gringo's, 115 E.
College St. Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos
O'Kelly's Mexican Cafb, 1411 S. Waterfront. RES. 03-366, TO ISSUE DANCE
PERMIT for Gabe's, Inc., dba Gabe's, 330 E. Washington St. and Ackerman
Complete Description
December 16, 2003
Page 2
Investment Co., dba Quality Inn & Suites, Highlander Conference Center, 2525 N.
Dodge St.
Motions: Approve disbursements in the amount of $9,255,534.78 for the period
of August 1 through August 31,2003, as recommended by the Finance Director
subject to audit.
Resolutions: RES. 03-367 AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
AGREEMENTS FOR THE PROPERTY LOCATED AT 716 NORTH DUBUQUE
STREET, IOWA CITY, IOWA. RES. 03-368, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING
TWO MORTGAGES FOR THE PROPERTY LOCATED AT 430 NORTH VAN BUREN
STREET, IOWA CITY, IOWA. RES. 03-369, ACCEPTING THE WORK FOR THE
2003 PARKING RAMP MAINTENANCE AND REPAIR PROJECT. RES. 03-370,
ACCEPTING THE WORK FOR THE 2002 CURB RAMP PROJECT.
Correspondence: John McKinstry regarding Homeless Overflow Shelter.
Jennifer Bradshaw regarding Plaza Tower Construction [staff response included].
Jim Knapp regarding Plaza Towers. Rachelle Deuster regarding 19 and Older in Bars
[staff response included]. Ewan Hamilton regarding Sound Pollution. John Neff
regarding Public Intoxication. Dennis Kowalski regarding Mr. Moen. John and Sandra
Hudson regarding Downtown Iowa City. Spencer Long regarding College Green Park
Lighting. Meghann Dowd regarding Binge Drinking [staff response included]. Jay
Honeck regarding Iowa City Airport History [staff response included]. Mark Hayes
regarding Off-Leash Recreation Area. Steven Dranoff regarding Bullying. Mary
Lizabeth Goodman regarding Downtown Parking. Mike Messier regarding 1st Ave RR
Crossing [staff response included]. JCCOG Traffic Engineering Planner regarding
Installation of a STOP Sign at the Intersection of Cumberland Lane and Arlington
Drive; The Existing Sign Located on the North Side of Iowa Avenue between Gilbert
Street and Van Buren Street which Indicates NO PARKING 2 AM - 6AM/TOW-AWAY
ZONE/LOADING ZONE will Remain as is, Except 15 MIN LIMIT will be Added; The
Existing Sign Located on the North Side of Washington Street between US Bank and
the US Bank Parking Lot which Indicates NO PARKING 2 AM - 6 AM/TOW-AWAY
ZONE/LOADING ZONE/15 MINUTE LIMIT/ENFORCED MON-SAT 9 AM - 9PM will
Remain as is, Except the Time of Enforcement will be Changed to 6 AM - 5 PM. Liz
Goodman regarding Downtown Parking [Staff response included]. David Wergeland
for Lewis Investments Inc. regarding Bayard Street Property.
Council Member Pfab noted the addition of correspondence to include staff response to Liz
Goodman regarding downtown parking; and David Wergeland from Lewis Investments.
Council Member Kanner noted the work session minutes of November 24 concerning
financing for the child center at the Court Street transportation facility, and encouraged
information be provided sooner to allow possible solution be explored; requested a change in
the November 25 formal complete description minutes to delete the name of the restaurant
from his comments on the Consent Calendar; and reference the Airport Commission
minutes, and encouraged future Council's to be assertive as they review consultant
recommendations. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried.
Council Member Wilburn left the room due to a conflict of interest.
Moved by Champion, seconded by O'Donnell, to set a public hearing for January 6
regarding an amendment to the FY04 Annual Action Plan budget, that is a sub-part of Iowa
City's 2001-2006 Consolidated Plan (City Steps), as amended, to allow Prairie Garden IHA
IP to use FY04 City HOME Funds to acquire 912-14 2nd Avenue, Iowa City, Iowa. The Mayor
declared the motion carried unanimously, 6/0, Wilburn absent.
Complete Description
December 16, 2003
Page 3
Council Member Wilburn returned to the meeting.
Senior Center Commissioner Jay Honohan, 1510 Somerset Lane, wished everyone a
Merry Christmas and a Happy New Year, and updated Council on activities at the Center.
Brandon Ross and Jim Knapp acknowledged the 4 year Council terms of outgoing
Councilors Pfab and Kanner.
Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for January 6 on
an ordinance rezoning approximately 119.94 acres from ID-RS, Interim Development Single-
Family and ID-RM, Interim Development Multi-Family, to OPDH-5, Planned Development
Overlay - Single Family Residential, subject to conditions, for property located south of
Pepperwood Addition and east of Gilbert Street (Sandhill Estates). 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 January 6 on an
ordinance rezoning approximately 16.1 acres from Residential Factory Built Housing, RFBH,
to Planned Development Housing Overlay-12 (OPDH-12), for property on Heinz Road south
of Paddock Boulevard (Saddlebrook Development). 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 accept correspondence from Irene Klinzman. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Pfab, to set a public hearing for January 6 on an
ordinance rezoning approximately 25.07 acres from Highway Commercial, CH-l, to Sensitive
Areas Overlay (SAO/CH-1) for property located west of Mormon Trek Boulevard and south of
Highway 1 (J JR Davis Addition/Carousel). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
A public hearing was held on ordinance rezoning approximately 1/3 of an acre from
Planned High-Density Multi-Family Residential (PRM) to Sensitive Areas Overlay Planned
High Density Multi-Family Residential (OSA-PRM) for property located at 512 S. Dubuque
Street (University View Partners). No one appeared.
Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning
designation of approximately 1/3 of an acre from Planned High Density (PRM) to Sensitive
Areas Overlay Planned High Density Multi-Family Residential (OSA-PRM), for property
located at 512 S. Dubuque Street (University View Partners), be given first vote. City Engr.
Knoche present for discussion. The Mayor declared the motion carried, 6/1, with the following
division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion.
Nays: Kanner. Absent: None.
Moved by Vanderhoef, seconded by Wilburn, that the ordinance vacating a portion of
an alley right-of-way located south of Kirkwood Avenue and west of Diana Street (Lensing),
be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-371, APPROVING
FINAL PLAT OF LINDFMANN SUBDIVISION PART TWO A, IOWA CITY, IOWA. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Champion, seconded by Pfab, to adopt RES. 03-372, APPROVING FINAL
PLAT OF LINDEMANN SUBDIVISION PART THREE, IOWA CITY, IOWA. 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. 03-373, APPROVING FINAL
PLAT OF LINDEMANN SUBDIVISION PART FOUR, IOWA CITY, IOWA. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Complete Description
December 16, 2003
Page 4
Moved by Champion, seconded by Vanderhoef, that the ordinance amending Title 3
entitled "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges,
Bonds, Fines, and Penalties"; 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, Article G, "Storm Water Collection,
Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee,
as amended, be given first vote. The following individuals appeared requesting that the first
consideration of the ordinance be deferred to allow discussion with staff and local
representatives: Iowa City Area Chamber of Commerce Vice President Rebecca Neades and
President Pat Guard; David Bywater (Emily and Megan), 211 Post Road, representing a
member of the Chamber. Individual Council Members expressed their views. Moved by
O'Donnell, seconded by Pfab, to defer first consideration of the ordinance. The Mayor
declared the motion defeated, 2/5, with the following show of hands: Ayes: O'Donnell, Pfab.
Nays: Kanner, Wilburn, Vanderhoef, Lehman, Champion. City Engr. Fosse present for
discussion. The Mayor declared the motion for first consideration carried, 5/2, with the
following division of roll call vote. Ayes: Wilburn, Champion, Kanner, Lehman, Vanderhoef.
Nays: O'Donnell, Pfab. Absent: None. Moved by Vanderhoef, seconded by Wilburn to accept
correspondence from Rebecca Neades and Patrick Guard representing the Iowa City Area
Chamber of Commerce. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Pfab, seconded by Wilburn, to adopt ORD. 03-4104, AMENDING THE
CITY CODE TITLE 10, "PUBLIC WAYS", CHAPTER 3, "COMMERCIAL USE OF
SIDEWALKS", SECTION 3, "USE OF SIDEWALK CAFES" TO CONTINUE TO ALLOW ALL
SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT, be passed and adopted.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the ordinance adopted.
Moved by Vanderhoef, seconded by Champion, to adopt ORD. 03-4105, AMENDING
TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO SIMPLIFY THE
PROBABLE CAUSE DETERMINATION PROCESS, TO PROVIDE FOR MEDIATION, TO
STREAMLINE THE CONCILIATION PROCESS, TO DEFINE LITIGATION WORTHY, TO
ESTABLISH PROCEDURES FOR PUBLIC HEARINGS, TO MODIFY THE POWERS OF
THE HUMAN RIGHTS COMMISSION, TO CLARIFY CERTAIN DEFINITIONS, AND TO
MAKE ADDITIONAL NONSUBSTANTIVE CHANGES, 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 Pfab, seconded by Champion, to adopt RES. 03-374, APPROVING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE
GOOSETOWN NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Pfab, seconded by Champion, to adopt RES. 03-375, APPROVING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE
LONGFELLOW NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Council Member Wilburn left the room due to a conflict of interest.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-376, AMENDING IOWA
CITY'S 2001-2006 CONSOLIDATED PLAN (A.K.A. CITY STEPS); AS AMENDED BY
CHANGING THE PRIORITY FOR NEIGHBORHOOD FACILITIES FROM "MEDIUM" TO
Complete Description
December 16, 2003
Page 5
"HIGH". Individual Council Members expressed their views. Affirmative roll call vote
unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted.
Council Member Wilburn returned to the meeting. Council Member Wilbum left the
room due to a conflict of interest.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-377, APPROVING
FUNDING FOR EXTEND THE DREAM FOUNDATION FROM IOWA CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND
AUTHORIZATION FOR THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE
OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Individual Council Members
expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor
declared the resolution adopted.
Council Member Wilburn returned to the meeting.
Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-378, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN ADDENDUM TO THE AGREEMENT BY AND BETWEEN THE CITY OF IOWA
CITY, THE IOWA DEPARTMENT OF TRANSPORTATION AND HOWARD R. GREEN
COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN
OF THE NORTH DODGE STREET PROJECT, STP-1~5(69)--2C-52. City Engr. Knoche
present for discussion. 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 announced the following vacancies: Airport Zoning Commission to fill a six-
year term ending December 31,2009. Applications must be received by 5:00 p.m.
Wednesday, January 21.
The Mayor noted the previously announced vacancies: Airport Commission to fill two
unexpired terms ending March 1,2007 and the other March 1,2008; Airport Zoning Board of
Adjustment to fill unexpired plus a five-year term ending December 31,2008; Board of
Adjustment to fill an unexpired term ending January 1,2007; Board of Appeals for a
Mechanical Professional to fill a five-year term 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; Parks & Recreation Commission to fill a four-year
term January 1,2004 - January 1,2008; Planning & Zoning Commission to fill an unexpired
term ending May 1,2005. Applications must be received by 5:00 p.m., Wednesday,
December 17.
Council Member Pfab thanked the citizens of Iowa City and the City Council, and
stated he hoped that all the wishes of the incoming Council would be fulfilled.
Council Member Champion wished everyone Happy Holidays, and A Happy New
Year; and wished outgoing Councilors Pfab and Kanner good luck.
Council Member O'Donnell noted that four Council Members (Lehman, Champion,
Wilburn and O'Donnell) attended the ground breaking for Plaza Towers; wished everyone a
great new year; and wished outgoing Councilors Pfab and Kanner good luck.
Mayor Pro tern Vanderhoef reported on her attendance at the 100th year celebration
of the U.S. Geological Survey of the apparatus to measure the flood control in our area;
stated she had just returned from the National League Cities Conference and would be
sharing information throughout the year; wished everyone Happy Holidays, Merry Christmas
and a Happy New Year.
Council Member Wilburn thanked citizens that Project Holiday would be going on
December 24 and 25, and this collaboration (Salvation Army, Elder Services, Visiting Nurses,
and Crisis Center) provided different types of assistance to folks in need during the holiday;
wished everyone Happy Holidays; thanked the young people at the Senior High Alternative
Complete Description
December 16, 2003
Page 6
Program for helping him being sworn for his second term; and stated he was looking forward
to working with the new Council and the Hawks to pull out a win on January 1st.
Council Member Kanner noted the Emerson Point reception scheduled for December
17th; wished a happy 43rd birthday to his press secretary and friend Meg White; thanked
Council and local artist Marcia Wegman for the gift print; noted his best thing he brought to
the City Council was the issue of municipal power; thanked Iowa Citians for letting him help
to make the City live up to its potential; and wished everyone L'Chiam (Life).
Mayor Lehman reported a number of street lights out on Washington and Clinton
Streets; noted the death of Iowa City legend Al Grady; wished outgoing Councilors Pfab and
Kanner the best; and wished folks Merry Christmas and a wonderful holiday season,
encouraging people to spend the holidays with families.
Moved by O'Donnell, seconded by Wilburn, to adjourn special meeting at 8:26 p.m.
Th eMayor declared the motion carried un an imou~0, a~Cou ncil~em~ ~resent.
'~rr~st W. Lehman, Mayor
Mana~"-fi K. Karr, City Clerk
City of Iowa City
MEMORANDUM
Date: November 24, 2003
To: Mayor and City Council
From: Madan K. Kan', City Clerk
Re: Special Council Work Ses$ion~ November 17', 200:3, 6:$0 PM in Emma J. Harvat Hall
Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum
Staff: ^tkin$, Helling, Dilkes, Kart, Matthews, O'Malley
Tapes: 05-81 & 0~-85; Both Sides
(^ complete transcription is available in the City Clerk's Office)
MUNICIPAL ELECTRICITY UTILITY
Bob Latham, President, and Louie Ervin, Executive Vice President of Latham & Associates
presented information.
Meeting adjourned 9:05 PM.
City of Iowa City
MEMORANDUM
Date: November 24, 2003
To: Mayor and City Council
From: Madan K. Karr, City Clerk
Re: Council Work Session, November 24, 2003, 6:50 PM in Emma J. Harvat Hall
Council: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilbum Absent: Pfab
Staff: Atkins, Helling, Dilkes, Karr, Franklin, Shank, Fowler, Davidson
Tapes: 03-84, Both Sides
(A complete transcription is available in the City Clerk's Office)
PLANNING & ZONING ITEMS
PCD Director Franklin presented information on the following items:
A. ORDINANCE VACATING A PORTION OF AN ALLEY RIGHT-OF.WAy LOCATED
SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA STREET. (Lenslng) (VAC03-
00001) (FIRST CONSIDERATION)
B. ORDINANCE AMENDING CITY CODE, TITLE t4, CHAPTER 6, ENTITLED "ZONING,"
ARTICLE B, ENTITLED "ZONING DEFINITIONS," SECTION .2, ENTITLED
"DEFINITIONS." (Restaurant) (SECOND CONSIDERATION)
PCD Director Franklin stated staff request expedited action.
C. ORDINANCE cHANGING THE ZONING DESIGNATION OF APPROXIMATELY i3,500
SQUARE FEET FROM CENTRAL BUSINESS DISTRICT (CB-2), TO PLANNED HIGH
DENSITY RESIDENTIAL (PRM), LOCATED AT 5'12 S. DUBUQUE STREET SOUTH OF
COURT STREET. (University View Partners) (REZ03-00021) (SECOND
CONSIDERATION)
The Mayor indicated that the applicant had requested expedited action and the item was not
included on the special formal meeting held earlier. The Mayor suggested that if items b and c
could not be expedited tomorrow evening a special formal meeting be held for consideration of
both items prior to Council's orientation meeting on December 2. Council concurred.
D. ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 512
S. DUBUQUE STREET (University View Partners) (VAC03-00002) (PASS AND ADOPT).
PCD Director stated this item was related to item 10 on the agenda. Council may wish to move
item d, final reading on the vacation, until after the public hearing and conveyance later on the
agenda.
Council Work Session
November 24, 2003
Page 2
E, RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART
TWO A. (SUB03-00037)
PCD Director requested deferral of items e, f, and g until December 16 to address an issue with
legal papers..
F. RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART
THREE. (SUB03-00038)
See previous item.
G. RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART
FOUR. (SUB03-00039)
See previous item.
H. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF OAKMONT
ESTATES. (SUB03-00019 AND SUB03-00034)
h RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES,
PART 5. (SUB03-00025)
AGENDA ITEMS
1. (Item 9 - Ordinance amending .... Human Rights ... Ordinance ...) Human Rights
Coordinator Shank and City Atty. Dilkes present for discussion. Mayor Pro tem Vanderhoef
requested a short memo regarding mediation numbers and costs.
2. (Item 12~ Resolution ... agreement... Department of Transportation ... University of lowa
... sidewalk extension ... Hawkins Drive to Elliot Drive ... ) In response to Mayor Pro tern
Vanderh~)ef, PCD Director stated the project was all on University property, and the City was
facilitating the funding.
3. (Item 14 ... resolution ... administrative fee for ... sidewalk repair by contract) In response
to Council, the City Manager and City Attorney stated the fee covered some paperwork and
postage, and was just a cost recovery.
4. (Item 13 ... resolution ... agreement ... Earth Tech ... consultant services ... Mormon Trek
Boulevard Extension Project Phase 2) In response to Mayor Pro tem Vanderhoef, City
Manager Atkins stated it was the City's intent to utilize our own project manager.
5. (Consent Calendar items 4b(1) and 4d(2) - Historic Preservation Minutes) In response to
Council Member Kanner, PCD Director Franklin clarified the discussion of the creation of an
Historic District on the north side rather than a landmark designation specific to one
property; and stated she was getting more information on the remarks made by Planner
McCafferty relative to working on projects outside of City time.
Council Work Session
November 24, 2003
Page 3
COUNCIL APPOINTMENTS
Police Citizens Review Board - appoint Roger Williams
COUNCIL TIME
1. Council Member O'Donnell expressed concerns regarding "public discussion" at the formal
meeting being more interactive than intended. The City Clerk noted the item was on the
Council orientation work session agenda of December 2.
2. (Consent Calendar 4f(7) - Letter from Pastor Bruce Fischer, Congregational Church,
requesting use of city owned building for emergency shelter needs) Council referred the
request to the City Manager for information, and requested the matter be scheduled for the
December 15 work session.
3. (item 2a - Special Presentation from (BIC) Bicyclists of Iowa City) In response to Council
Member Kanner, the City Manager reported that BIC representatives would be presenting a
check to the City for bike safety programs.
4. (Item 17 ... resolution ... authorizing and providing for issuance ... $5,570,000 General
Obligation Bonds ...) In response to Council Member Kanner, the City Manager stated
Council had authorized the sale at the previous meeting, and items could not be voted on
separately.
5. lIP4 of 11/20 Information Packet ... Eastside Loop Route) Parking & Transit Director Fowler
responded to questions regarding extending the Eastside Loop to provide service to
Windsor Ridge, and shorten the second afternoon run from Sycamore Mall.
CHILD CARE CENTER / COURT ST TRANSPORTATION FINANClNR
City Manager Atkins and Asst. PCD Director Davidson presented information. Council Member
Wilburn left the table due to a conflict of interest. Council agreed that $250,000 in proceeds from
parcel 64-1a will not be used for the transportation center childcare center, but will be forward to
HCDC for reallocation. The City will internally finance the fit-out of the child care center, and pay
back would be generated from a contract with a private provider through lease payments.
Additional income generated would be applied to Transit. Atkins announced Greyhound had
received a $200,000 grant to build out the bus depot.
STAFF ACTION: Proceed as outlined. (Davidson)
Meeting adjourned 8:10 PM.
t 12-16-03
Publish 12/9 4a(3)
Subject to change as finalized by the City Clerk. For a final official copy, contact the C y
Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $
OFFICIAL COUNCIL ACTIONS - 11/24/03
Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef,
Wilburn. Absent: Pfab.
Moved and seconded that the ordinance amending City Code, Title 14, Chapter 6,
entitled "Zoning," Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions," be
given first vote. The Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 3 entitled "City Finances,
Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and
Penalties"; 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," Article G, "Storm Water Collection, Discharge and Runoff," to
create a Stormwater Utility and establish a Stormwater Utility Fee, be given first vote. Moved
and seconded to defer to December 16. The Mayor declared the motion carried.
Moved and seconded to adjourn special meeting at 6:50 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 CJerk
Submitted for publication - 12\2\02.
Subject to change as finalized by the City Clerk. For a final official copy, contact the City~
Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $
OFFICIAL COUNCIL ACTIONS - 11/25/03
Iowa City City Council Special meeting 7:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef,
Wilburn. Absent: Pfab.
The Mayor and Officer Greg Humrickhouse accepted a check from Steve Rudin,
representing Bicyclists of Iowa City (BIC) to assist the Iowa City Police Department to provide
additional patrol time along the Iowa City trail system.
The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary
students: Christina Achrazoglou, Lily Doershuk, Shalinee Kamal.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received and or approved, and/or adopted as follows:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: November 10 Special Work Session. November 10 Special Council Formal
Official and Complete (2). November 17 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 - October 9; Historic Preservation Commission - October 23; Iowa City
Airport Commission - October 9; Iowa City Board of Adjustment - October 8; Parks
and Recreation Commission - October 8; Planning and Zoning Commission - October
16; Public Art Advisory Committee - October 2; Senior Center Commission -
September 16.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals: Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill
& Bar, 201 S. Clinton St. Class C Beer Permit for Fuller Properties, LC dba T & M Mini
Mart, 2601 Hwy 6 East. Class C Liquor License for Ground Round, Inc., dba Ground
Round, 830 S. Riverside Dr.
Motions: Accept Abstract of Votes for the Iowa City elections held October 7
and November 4, 2003.
Resolutions: RES. 03-350, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
EMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER BILL MILHALOPOULAS, AND ATLAS WORLD GRILL INC.,
d/b/a ATLAS WORLD GRILL, FOR A SIDEWALK CAFI~. RES. 03-351,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120
BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC. d/b/a VITO'S, FOR A
SIDEWALK CAFI~. RES. 03-352, ACCEPTING WORK FOR THE SANITARY
SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS
FOR GALWAY HILLS SUBDIVISION - PART SEVEN, AND DECLARING THE
PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-353,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER
MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 236-254 OF
WINDSOR RIDGE - PART ELEVEN, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-354,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER
Official Actions
November 25, 2003
Page 2
MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR HIGHLAND WOODS,
AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS
AND USE. RES. 03-355, ACCEPTING THE WORK FOR THE SANITARY SEWER,
STORM SEWER, WATER MAIN, LIFT STATION, FORCE MAIN, AND PAVING
PUBLIC IMPROVEMENTS FOR DEAN CAKES SIXTH ADDITION, AND DECLARING
THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-
356, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER,
TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
HOLLYWOOD MANOR - PART 6, AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE. RES. 03-357, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND SOUTH SLOPE COOPERATIVE TELEPHONE
COMPANY TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-
WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER
OPTIC NETWORK.
Correspondence: Lucy Ann Brignola regarding Recreation Building [staff
response included]. Underage Drinking letters from Brandon Zeigler, Derek Schairer,
Peri Kaplan. Dave Vail regarding Parking. Stephania Cheng regarding Mutt Mitts.
Herman D. Thornton regarding Discrimination. JCCOG Traffic Engineering Planner
regarding Installation of RIGHT LANE MUST TURN RIGHT sign. Bruce F. Fischer
(The Congregational Church) regarding Using Recreation Center to accommodate
overflow from Shelter House.
The Mayor declared the motion carried.
Moved and seconded that the ordinance vacating a portion of an alley right-of-way
located south of Kirkwood Avenue and west of Diana Street, be given first vote. The Mayor
declared the motion carried.
Moved and seconded that ordinance amending City Code, Title 14, Chapter 6, entitled
"Zoning,, Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions," be given
second vote. The Mayor declared the motion carried.
Moved and seconded that the 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 south of Court Street, be given
second vote. The Mayor declared the motion carried.
Moved and seconded to move Item No. 6d, ordinance vacating portion of alley located
east of 512 S. Dubuque Street, after Item No. 10. The Mayor declared the motion carried.
Moved and seconded to defer to December 16, resolutions approving the final plat of
Lindemann Subdivision Part Two A, approving the final plat of Lindemann Subdivision Part
Three and approving the final plat of Lindemann Subdivision Part Four. The Mayor declared
the motion carried.
Moved and seconded to adopt RES. 03-358, APPROVING THE PRELIMINARY AND
FINAL PLAT OF OAKMONT ESTATES, IOWA CITY, IOWA.
Moved and seconded to adopt RES. 03-359, APPROVING THE PRELIMINARY PLAT
OF WILD PRAIRIE ESTATES, PART 5 LOCATED AT WILD PRAIRIE DRIVE AND PRAIRIE
GRASS LANE.
The Mayor announced that at a special meeting on November 24 Council agreed to
defer to December 16 the ordinance amending Title 3 entitled "City Finances, Taxation &
Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties";
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,"
Official Actions
November 25, 2003
Page 3
Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," to
create a Stormwater Utility and establish a Stormwater Utility Fee.
Moved and seconded that the ordinance amending the City Code Title 10, "Public
Ways", Chapter 3, "Commercial Use of Sidewalks", Section 3, "Use of Sidewalk Cafes" to
continue to allow all sidewalk cafes to operate until 12:00 midnight, be given second vote.
The Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 2 of the City Code, entitled
"Human Rights," to simplify the probable cause determination process, to provide for
mediation, to streamline the conciliation process, to define litigation worthy, to establish
procedures for public hearings, to modify the powers of the Human Rights Commission, to
clarify certain definitions, and to make additional nonsubstantive changes, be given first vote.
The Mayor declared the motion carried.
A public hearing was held authorizing conveyance of a twenty foot wide by sixty-eight
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.
Moved and seconded to adopt RES. 03-360, AUTHORIZING CONVEYANCE OF A
TWENTY FOOT WIDE BY SIXTY-EIGHT 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.
Moved and seconded that ORD. 03-4101, VACATING A PORTION OF THE ALLEY
LOCATED TO THE EAST OF 512 S. DUBUQUE STREET, be passed and adopted.
Moved and seconded to adopt RES. 03-361, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE NECESSARY AGREEMENTS AND EASEMENTS
FOR THE DEVELOPMENT OF THE LODGE, LOT 1, RUPPERT HILLS SUBDIVISION,
IOWA CITY, IOWA.
Moved and seconded to adopt RES. 03-362, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION, AND A SIDE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR
CONSTRUCTION OF THE SIDEWALK EXTENSION FROM HAWKINS DRIVE TO ELLIOT
DRIVE ALONG HIGHWAY 6 PROJECT [STP-E-3715(624)--8V-52].
Moved and seconded to adopt RES. 03-363, APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND EARTH TECH, INC.
COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MORMON
TREK BOULEVARD EXTENSION PROJECT PHASE 2.
Moved and seconded to adopt RES. 03-364, ESTABLISHING AN ADMINISTRATIVE
FEE FOR PROVIDING SIDEWALK REPAIR BY CONTRACT.
Moved and seconded to approve a Tax Exemption Certificate. The Mayor declared the
motion carried.
Moved and seconded to approve a Continuing Disclosure Certificate. The Mayor
declared the motion carried.
Moved and seconded to adopt RES. 03-365, AUTHORIZING AND PROVIDING FOR
THE ISSUANCE OF $5,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX
TO PAY SAID BONDS.
Moved and seconded to appoint Roger Williams, 134 Friendship Street, to the Police
Citizens Review Board to fill an unexpired term ending September 1,2005. The Mayor
declared the motion carried.
Official Actions
November 25, 2003
Page 4
The Mayor noted the previously announced vacancies: Airport Commission for two
vacancies to fill unexpired terms ending March 1,2007 and the other March 1,2008; Airport
Zoning Board of Adjustment to fill an unexpired plus a five-year term ending December 31,
2008; Board of Adjustment to fill an unexpired term ending January 1,2007; Board of
Appeals for a Mechanical Professional to fill a five-year term 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; Parks & Recreation Commission to fill a
four-year term January 1,2004 - January 1,2008; Planning & Zoning Commission to fill an
unexpired term ending May 1,2005. Applications must be received by 5:00 p.m.,
Wednesday, December 17. [Staff will not publish additional notices after a period of six
publications; but will continue to advertise vacancies with postings and on the Council
agenda. However, no additional publication costs will be incurred.]
Moved and seconded to adjourn special meeting at 7:50 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
Submittbd for publication - 12/2/03.
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 ACTIONS - 12/2/03
Iowa City City Council special meeting 4:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef,
Wilburn. Absent: Pfab.
Moved and seconded that ORD. 03-4102, AMENDING CITY CODE, TITLE 14,
CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS,"
SECTION 2, ENTITLED "DEFINITIONS," be passed and adopted.
Moved and seconded that ORD. 03-4103, 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 SOUTH OF COURT STREET, be passed and adopted.
Moved and seconded to adjourn special meeting 4:10 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
Submitted for publication- 12/3/03.
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
NOVEMBER 24, 2003
Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef,
Wilburn. Absent: Pfab. Staff members present: Atkins, Helling, Dilkes, Karr, Fosse, Franklin,
Shank, Boelk, Helling. Council minutes tape recorded on Tape 03-82, Side 1.
Moved by Champion, seconded by Vanderhoef, that the ordinance amending City
Code, Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," Section 2,
entitled "Definitions," be given first vote. Affirmative roll call vote unanimous, 6/0, Pfab
absent. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Wilburn, that the ordinance amending Title 3
entitled "City Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges,
Bonds, Fines, and Penalties"; 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," Article G, "Storm Water Collection,
Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee,
be given first vote. Moved by Champion, seconded by O'Donnell to defer to December 16.
Individual Council Members expressed their views. City Atty. Dilkes and Public Works
Director Fosse present for discussion. Council requested the Economic Development
Committee talk with representatives from the industrial community on implications. Staff will
prepare variety of options for that meeting as well. The Mayor declared the motion to defer
carried, 5/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell,
Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: Pfab.
Moved by O'Donnell, seconded by Wilburn, to adjourn special meeting at 6:50 p.m.
The Mayor declared the motion carried unanimously, 6/0, Pfab absent.
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
NOVEMBER 25, 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, Vanderhoef,
Wilburn. Absent: Pfab. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Shank,
Spitz. Council minutes tape recorded on Tape 03-62; Side 2, Side 03-85, Side 1.
The Mayor announced that Council Member Pfab was ill, and unable to attend.
The Mayor and Officer Greg Humrickhouse accepted a check from Steve Rudin,
representing Bicyclists of Iowa City (BIC) to assist the Iowa City Police Department to provide
additional patrol time along the Iowa City trail system.
The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary
students: Christina Achrazoglou, Lily Doershuk, Shalinee Kamal.
Moved by O'Donnell, seconded by Champion, that the following items and
recommendations in the Consent Calendar be received and or approved, and/or adopted as
follows:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: November 10 Special Work Session. November 10 Special Council Formal
Official and Complete (2). November 17 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 - October 9. Historic Preservation Commission - October 23. Iowa City
Airpor[ Commission - October 9. Iowa City Board of Adjustment - October 8. Parks
and Recreation Commission - October 8. Planning and Zoning Commission - October
16. Public Art Advisory Committee - October 2. Senior Center Commission -
September 16.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals: Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill
& Bar, 201 S. Clinton St. Class C Beer Permit for Fuller Properties, LC dba T & M Mini
Mart, 2601 Hwy 6 East. Class C Liquor License for Ground Round, Inc., dba Ground
Round, 830 S. Riverside Dr.
Motions: Accept Abstract of Votes for the Iowa City elections held October 7
and November 4, 2003.
Resolutions: RES. 03-350, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
EMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER BILL MILHALOPOULAS, AND ATLAS WORLD GRILL INC.,
d/b/a ATLAS WORLD GRILL, FOR A SIDEWALK CAFE. RES. 03-351,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120
BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC. d/b/a VlTO'S, FOR A
SIDEWALK CAFE. RES. 03-352, ACCEPTING WORK FOR THE SANITARY
SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS
FOR GALWAY HILLS SUBDIVISION - PART SEVEN, AND DECLARING THE
PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-353,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER
MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 236-254 OF
WINDSOR RIDGE- PART ELEVEN, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-354,
Complete Description * REVISED 12/17/03
November 25, 2003
Page 2
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER~ WATER
MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR HIGHLAND WOODS,
AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS
AND USE. RES. 03-355, ACCEPTING THE WORK FOR THE SANITARY SEWER,
STORM SEWER, WATER MAIN, LIFT STATION, FORCE MAIN, AND PAVING
PUBLIC IMPROVEMENTS FOR DEAN OAKES SIXTH ADDITION, AND DECLARING
THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-
356, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER,
TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
HOLLYWOOD MANOR - PART 8, AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE. RES. 03-357, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND SOUTH SLOPE COOPERATIVE TELEPHONE
COMPANY TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-
WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER
OPTIC NETWORK.
Correspondence: Lucy Ann Brignola regarding Recreation Building [staff
response included]. Underage Drinking letters from Brandon Zeigler, Derek Schairer,
Peri Kaplan. Dave Vail regarding Parking. Stephania Cheng regarding Mutt Mitts.
Herman D. Thornton regarding Discrimination. JCCOG Traffic Engineering Planner
regardin9 Installation of RIGHT LANE MUST TURN RIGHT sign. Bruce F. Fischer
(The Congregational Church) regarding Using Recreation Center to accommodate
overflow from Shelter House.
· Council Member Kanner noted the letter regarding alleged discrimination at a local
restaurant, and asked Human Rights Coordinator Shank to follow up. Asst. City Mgr. Helling
reported that staff had responded. Affirmative roll call vote unanimous, 6/0, Pfab absent. The
Mayor declared the motion carried.
Moved by Champion, seconded by Vanderhoef, that the ordinance vacating a portion
of an alley right-of-way located south of Kirkwood Avenue and west of Diana Street
(Lensing), be given first vote. Affirmative roll call vote unanimous, 6/0, Pfab absent. The
Mayor declared the motion carried.
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,
and that ordinance amending City Code, Title 14, Chapter 6, entitled "Zoning," Article B,
entitled "Zoning Definitions," Section 2, entitled "Definitions," be voted on for final passage at
this time. The Mayor declared the motion defeated, 5/1, with the following division of roll call
vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent:
Pfab. Moved by Wilburn, seconded by Champion to give second vote for consideration to
ordinance. The Mayor declared the motion carried, 6/0, Pfab absent.
Moved by O'Donnell, seconded by Champion, that the 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
Apartments) south of Court Street, be given second vote. The Mayor declared the motion
carried, 5/1, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn,
Champion, Lehman. Nays: Kanner. Absent: Pfab.
The Mayor announced that the staff and the applicant had requested expedited
consideration of the previous two items, and since Council has an orientation meeting
planned for December 2, a special formal will be held prior to that meeting for final
consideration of both items.
Complete Description
November 25, 2003
Page 2
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER
MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR HIGHLAND WOODS,
AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS
AND USE. RES. 03-355, ACCEPTING THE WORK FOR THE SEWER,
EWER, WATER MAIN, LIFT STATION, FORCE MAIN,
PUBLIC ~ROVEMENTS FOR DEAN OAKES SIXTH ADDITION, A DECLARING
THE IMPROVEMENTS OPEN FOR PUBLIC ACCESS ANI' RES. 03-
356, i THE WORK FOR THE SANITARY SEWER, SEWER,
TILE LINE, MAIN, AND PAVING PUBLIC IMPROVEMEI' FOR
HOLLYVVOOD ,NOR - PART 8, AND DECLARING IMPROVEMENTS
OPEN FOR ACCESS AND USE. RES. 03-357, MAYOR
TO SIGN AND ;ITY CLERK TO ATTEST AN AGREEI
CITY OF IOWA ,ND SOUTH SLOPE CO(: TELEPHONE
COMPANY TO ORTION OF CITY STREETS PUBLIC RIGHTS-OF-
WAY FOR THE OPERATION AND DE OF A FIBER
OPTIC NETWORK.
Correspondence: Ann Bric Recreation Building [staff
response included]. Undera(:)rinking Brandon Zeigler, Derek Schairer,
Peri Kaplan. Dave Vail Parking. Stel Cheng regarding Mutt Mitts.
Herman D. Thornton regarding ;criminatio~ Traffic Engineering Planner
regarding RIGHT sign. Bruce F. Fischer
(The Congregational Church) Recreation Center to accommodate
overflow from Shelter House.
Council Member Kanner noted the ng alleged discrimination at The Vine, and
asked Human Rights Coordinator Shank t¢ up. Asst. City Mgr. Helling reported that
staff had responded. Affirmative roll call ~ 6/0, Pfab absent. The Mayor
declared the motion carried.
Moved by Champion, that the ordinance vacating a portion
of an alley right-of-way located Kirkwood de and west of Diana Street
(Lensing), be g roll call vote nimous, 6/0, Pfab absent. The
Mayor declared the motion carrk
Moved by Vanderhoef by O'Donnell ~e rule requiring ordinances to
be considered and voted on f passage at two ~eetings prior to the meeting at
which it is to be finally pass be suspended, the second ~ leration and vote be waived,
and that ordinance amenc City Code, Title 14, Chapter 6, led "Zoning," Article B,
entitled "Zoning Section 2, entitled "Definitions," be for final passage at
this time. The Mayor the motion defeated, 5/1, with division of roll call
vote. Ayes: Lehman, all, Vanderhoef, Wilburn, Champion. s: Kanner. Absent:
Pfab. Moved by Wil seconded by Champion to give second ~r consideration to
ordinance. The Ms the motion carried, 6/0, Pfab absent. '~
Moved by ;11, seconded by Champion, that the ordinance c~anging the
zoning
designation of 13,500 square feet from Central Business Dis~ict (CB-2), to
Planned High Residential (PRM), located at 512 S. Dubuque Street (University View
Apartments) s ~th of Court Street, be given second vote. The Mayor declared",t,he motion
carried, 5/1th the following division of roll call vote. Ayes: O'Donnell, Vanderhp, ef, Wilburn,
Champion, Nays: Kanner. Absent: Pfab.
The ayor announced that the staff and the applicant had requested expedited
consideration of the previous two items, and since Council has an orientation meeting
planned for December 2, a special formal will be held prior to that meeting for final
consideration of both items.
Complete Description
November 25, 2003
Page 3
Moved by Wilburn, seconded by Champion, to move Item No. 6d, ordinance vacating
portion of alley located east of 512 S. Dubuque Street, after Item No. 10. The Mayor declared
the motion carried unanimously, 6/0, Pfab absent.
Moved by O'Donnell, seconded by Champion, to defer to December 16, resolutions
approving the final plat of Lindemann Subdivision Part Two A, approving the final plat of
Lindemann Subdivision Part Three and approving the final plat of Lindemann Subdivision
Part Four. The Mayor declared the motion carried, 6/0, Pfab absent.
Moved by Champion, seconded by O'Donnell, to adopt RES. 03-358, APPROVING
THE PRELIMINARY AND FINAL PLAT OF OAKMONT ESTATES, IOWA CITY, IOWA.
Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-359, APPROVING
THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES, PART 5 LOCATED AT WILD
PRAIRIE DRIVE AND PRAIRIE GRASS LANE. Affirmative roll call vote unanimous, 6/0, Pfab
absent. The Mayor declared the resolution adopted.
The Mayor announced that at a special meeting on November 24 Council agreed to
defer to December 16 the ordinance amending Title 3 entitled "City Finances, Taxation &
Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties";
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," Article G, "Storm Water Collection, Discharge and Runoff," to
create a Stormwater Utility and establish a Stormwater Utility Fee.
Moved by Champion, seconded by Wilburn, that the ordinance amending the City
Code Title 10, "Public Ways", Chapter 3, "Commercial Use of Sidewalks", Section 3, "Use of
Sidewalk Cafes" to continue to allow all sidewalk cafes to operate until 12:00 midnight, be
given second vote. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor
declared the motion carried.
Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Title 2 of
the City Code, entitled "Human Rights," to simplify the probable cause determination
process, to provide for mediation, to streamline the conciliation process, to define litigation
worthy, to establish procedures for public hearings, to modify the powers of the Human
Rights Commission, to clarify certain definitions, and to make additional nonsubstantive
changes, be given first vote. Individual Council Members expressed their views. Human
Rights Coordinator Shank and City Atty. Dilkes present for discussion. The Mayor declared
the motion carried, 5/1, with the following division of roll call vote. Ayes: Champion, Lehman,
O'Donnell, Vanderhoef, Wilburn. Nays: Kanner. Absent: Pfab.
A public hearing was held authorizing conveyance of a twenty foot wide by sixty-eight
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. No one appeared.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-360,
AUTHORIZING CONVEYANCE OF A TWENTY FOOT WIDE BY SIXTY-EIGHT 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. Affirmative roll call vote
unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted.
Moved by O'Donnell, seconded by Wilburn, that ORD. 03-4101, VACATING A
PORTION OF THE ALLEY LOCATED TO THE EAST OF 512 S. DUBUQUE STREET
Complete Description
November 25, 2003
Page 4
(University View Apartments), be passed and adopted. Affirmative roll call vote unanimous,
6/0, Pfab absent. The Mayor declared the ordinance adopted.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-361,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE
NECESSARY AGREEMENTS AND EASEMENTS FOR THE DEVELOPMENT OF THE
LODGE, (Calloway Lodge) LOT 1, RUPPERT HILLS SUBDIVISION, IOWA CITY, IOWA.
PCD Director Franklin and City Atty. Dilkes present for discussion. Affirmative roll call vote
unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 03-362, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION, AND
A SIDE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF
IOWA FOR CONSTRUCTION OF THE SIDEWALK EXTENSION FROM HAWKINS DRIVE
TO ELLIOT DRIVE ALONG HIGHWAY 6 PROJECT [STP-E-3715(624)--8V-52]. Individual
Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Pfab
absent. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-363, APPROVING,
AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND EARTH
TECH, INC. COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
THE MORMON TREK BOULEVARD EXTENSION PROJECT PHASE 2. The Mayor declared
the resolution adopted, 5/1, with the following division of roll call vote. Ayes: Vanderhoef,
Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: Pfab.
Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-364, ESTABLISHING
AN ADMINISTRATIVE FEE FOR PROVIDING SIDEWALK REPAIR BY CONTRACT.
Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by O'Donnell, to approve a Tax Exemption Certificate.
The Mayor declared the motion carried unanimously, 6/0, Pfab absent.
Moved by Champion, seconded by Vanderhoef, to approve a Continuing Disclosure
Certificate. The Mayor declared the motion carried unanimously, 6/0, Pfab absent.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-365,
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,570,000 GENERAL
OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call
vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to appoint Roger Williams, 134
Friendship Street, to the Police Citizens Review Board to fill an unexpired term ending
September 1,2005. ']'he Mayor declared the motion carried unanimously, 6/0, Pfab absent.
The Mayor noted the previously announced vacancies: Airport Commission for two
vacancies to fill unexpired terms ending March 1,2007 and the other March 1,2008; Airport
Zoning Board of Adjustment to fill an unexpired plus a five-year term ending December 31,
2008; Board of Adjustment to fill an unexpired term ending January 1,2007; Board of
Appeals for a Mechanical Professional to fill a five-year term 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; Parks & Recreation Commission to fill a
four-year term January 1,2004 - January 1,2008; Planning & Zoning Commission to fill an
unexpired term ending May 1,2005. Applications must be received by 5:00 p.m.,
Wednesday, December 17. [Staff will not publish additional notices after a period of six
publications; but will continue to advertise vacancies with postings and on the Council
agenda. However, no additional publication costs will be incurred.]
Council Member Champion wished everyone a happy Thanksgiving.
Complete Description
November 25, 2003
Page 5
Council Member O'Donnell welcomed former Iowa Basketball Coach Tom Davis back
to Iowa City, and wished everyone a happy and safe Thanksgiving.
Mayor Pro tem Vanderhoef echoed previous comments of Council Member Champion
and O'Donnell, and said she was looking forward to Thanksgiving with family.
Council Member Wilbum thanked outgoing United Way Executive Director Beverly
Weber for her service to the community, and wished her well on her new position I
Washington State; announced a holiday festival and one year celebration of new ownership
at Sycamore Mall on Saturday, December 6, noting a clarinet choir (including himself) called
Yuletide Jazz performance planned 1-2 p.m.
Council Member Kanner noted discussion the previous week with Latham and Associates
concerning MidAmerican employees if they became City employees and requested more
follow-up by City staff. Council agreed to have more public input and schedule another
meeting after the first of the year; stated he had talked with Council Member Pfab and that
he wouldn't have missed the meeting if not for illness; noted a memo he included in last
week's information packet with questions and suggestions on the budget analysis prepared
by Finance Director O'Malley, Council agreed to include as part of their budget deliberations;
referenced the minutes of the Economic Development Committee where there was
discussion of a zoning change for development proposed near North Dodge Hy-Vee by
Southgate and questioned what they were asking, the Mayor stated it was a concept
discussion only; voiced his support for pubic discussion time on the formal agenda; noted
appreciation to the Christian Science Center for the opening their library to everyone; wished
everyone a happy Thanksgiving and a good end to the Ramadan fast.
Mayor Lehman stated the Economic Development Committee would be meeting next
Thursday, December 4, at 9:00 am to discuss stormwater utility fees; the Human Rights
Commission and United Action for Youth will be holding a Youth Town Meeting on
Wednesday, December 10, 7-9 p.m. at the Senior Center; wished everyone a happy
Thanksgiving.
City Clerk Karr stated Council packets would be available after the meeting for the
Tuesday evening formal and work session.
Moved by Vanderhoef, seconded by Wilburn, to adjourn special meeting at 7:50 p.m.
The Mayor declared the motion carried unanimously, 6/0, Pfab absent.
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
DECEMBER 2, 2003
Iowa City City Council special meeting 4:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef,
Wilburn. Absent: Pfab. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin. Council
minutes tape recorded on Tape 03-85, Side 2.
Moved by Champion, seconded by Vanderhoef, that ORD. 03-4102, AMENDING
CITY CODE, TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED
"ZONING DEFINITIONS," SECTION 2, ENTITLED "DEFINITIONS," (restaurant) be passed
and adopted. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the
ordinance adopted.
Moved by Champion, seconded by Vanderhoef, that ORD. 03-4103, 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 COURT
STREET, be passed and adopted. The Mayor declared the ordinance adopted, 5/1, with the
following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion.
Nays: Kanner. Absent: Pfab.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn special meeting 4:10 p.m.
The Mayor declared the motion carried unanimously, 6/0, Pfab absent.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk