HomeMy WebLinkAbout2004-01-20 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
JANUARY 20, 2004
Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef, Wi~burn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr,
Franklin, Fosse, O'Malley. Council minutes tape recorded on Tape 04-12, Both Sides.
The Mayor announced the State of the City message would be on the February 3
agenda.
The Mayor proclaimed: Neighborhood Centers for Johnson County's 1st Community
Holiday Celebration of Dr. Martin Luther King, Jr. - January 17, 2004, Robert Walker,
Broadway Neighborhood Center Representative, accepting; Council Member Bailey read
Women's Right to Choose Day - January 22, 2004, Harriet Woodford accepting.
The Mayor presented Outstanding Student Citizenship Awards to Robert Lucas
Elementary students: Devra Flatte' and Spencer Lundquist.
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:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: January 5 Special Council Formal Official and Complete; January 5 Work
Session; January 6 Regular Council Formal Official and Complete; January 8 Special
Work Session.
Receive and File Minutes of Boards and Commissions (recommendations to
Council become effective only upon separate Council action): Public Art Advisory
Committee: November 6, 2003
Recommendation: The Public Art Committee asks the City Council to
approve a sculpture by local artist John Coyne for the Iowa Sculpture's
Showcase display through May of 2005, with the condition that the Artist
contact the owners of the F.S. Feeds building for approval in using the
building likeness in the sculpture and that the windows in the sculpture
are not hollow in nature. (Approved at 1/6 Council Meeting).
Iowa City Airport Commission: December 9, 2003; Historic Preservation Commission;
December 11 2003; Rules Committee: January 12, 2004
Recommendation: The Rules Committee recommends approval of the
changes as recommended in the Historic Preservation Commission
minutes of April 24, 2003, and outlined in proposed changes attached to
the minutes.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals: Class C Liquor License for Iowa City Yacht Club, LLC, dba Iowa City
Yacht Club 13 S. Linn St. Class C Liquor License for Samco of Iowa City, Inc., dba
Joe's Place, 115 Iowa Ave. Class B Liquor License for MIP Lessee, LP, dba Sheraton
~owa City, 210 S. Dubuque St. Outdoor Service Area for MIP Lessee, LP, dba
Sheraton Iowa City, 210 S. Dubuque St. Class C Beer Permit for Nordstrom Oil
Company dba North Dodge HandiMart, 2545 N. Dodge St. Class E Liquor License for
Supervalu, Inc., dba Cub Foods, 855 Hwy 1 West. RES. 04-9, ISSUE DANCE
PERMIT for MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St.
Motions: approve disbursements in the amount of $9,161,142.00 for the period
Complete Description
Page 2
Januaw 20,2004
of October 1 through October 31,2003, as recommended by the Finance Director
subject to audit. Disbursements are published and permanently retained in the City
Clerk's Office in accordance with State Code; approve disbursements in the amount of
$8,200,292.02 for the period of November 1 through November 30, 2003, as
recommended by the Finance Director subject to audit. Disbursements are published
and permanently retained in the City Clerk's Office in accordance with State Code.
Setting Public Hearings: RES. 04-10, SETTING A PUBLIC HEARING TO BE
HELD ON MARCH 16, 2004 FOR THE IOWA CITY HOUSING AUTHORITY'S
UPDATED ANNUAL PLAN AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING.
Resolutions: RES. 04-11, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY, IOWA
CITY, IOWA FOR PROPERTY LOCATED AT 1410 SOUTH FIRST AVENUE, IOWA
CITY, IOWA. RES. 04-12, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 1345 CARROLL STREET, IOWA CITY, IOWA. RES.
04-13, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTIES
LOCATED AT 1153-1155 HOTZ AVENUE, 2160-2162 TAYLOR DRIVE AND 913-913
½ NORTH GOVERNOR STREET, IOWA CITY, IOWA. RES. 04-14, AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS
BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT
416 SOUTH DODGE STREET, IOWA CITY, IOWA. RES. 04-15, ACCEPTING THE
WORK FOR THE CONSTRUCTION OF THE IOWA SKATE PARK PROJECT.
Correspondence: Indoor Soccer Facility - Ann Aschoff, Steve Clegg, Jacqueline
Everett, Neal Kohatsu, Matt McGowan, Mark Meyer, Margaret Raymond, Barbara
Reck, Julie Ricci, Tracey Schmidt, Dee Sedlacek, Nancy Weber, Jami Yoder, Gene &
Betsy Chrischilles, Sandra Daack-Hirsch; Jim Spratt regarding Parking ramp spaces;
Patt Stephenson regarding Street Signs [Staff response included]; Kevin Zihlman
regarding Snow Removal on Adjacent City Property; Chuck Jennissen and Laurie
Stange regarding Foster Road Extention from Dubuque Street to Prairie Du Chien
Road; John F. Shaw and Matthew J Hayek regarding Englert Civic Theatre [Previously
distributed]; Mark Patton regarding Can we build housing for hourly workers?
[Previously distributed]; Tom Nothnagle PATV regarding Resignation of Director
Rene' Paine [Previously distributed]; Jay & MaW Honeck regarding The Alexis Park
Inn/Suites: The Airport Budget [Previously distributed]; Forrest Holly regarding Iowa
City Airport Improvements [Previously distributed]; J.E. Butler regarding Iowa City
Municipal Airport [Previously distributed]; Steve Grismore regarding Iowa City Jazz
Fest [Previously distributed].
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by O'Donnell, seconded by Wilburn, to set a public hearing for February 3 on
an ordinance rezoning approximately 1.26-acres of property from Central Business Support
Zone (CB-5) to Public/Central Business Support Zone (P/CB-5) for the east half of Block 102
except the 301 South Dubuque Street property (Court Street Transportation Center). The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Complete Description
Page 3
Januaw 20,2004
Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for February 3 on
an ordinance vacating a 184-square foot portion of the right-of-way located to the north of
425 Beldon Avenue. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A public hearing was held on an ordinance rezoning approximately 119.94 acres from
Interim Development Single-Family, IDRS, and Interim Development Multi-Family, IDRM, to
Planned Development Housing Overlay - Single Family Residential, OPDH-5, subject to
conditions, for property located south of Pepperwood Addition and east of Gilbert Street
(Sandhill Estates) Individual Council Members expressed their views. The following
individuals appeared: Rita Marcus, Iowa City Area Association of Realtors; Atty. Joe Holland,
representing applicant, Southgate; Jim Quigley, 915 Pepper Drive; Dave Moore, 425
Davenport Street; Steve Rohrbach, Rohrbach - Carlson; Amy Bouska, 1409 Briar Drive; Del
Holland, 1039 E. College Street. After discussion a majority of Council directed staff to
prepare a new conditional zoning agreement striking paragraph 3b, referring to garages, and
replacing it with the requirement that on lots of less than 60 feet the set back be a minimum
of 25 feet (rather than 20 feet). Moved by O'Donnell, seconded by Vanderhoef, to accept
correspondence from Garry Klein, Heather MacDonald (2), Neighborhood Council of Iowa
City, Steven Nelson, Robert Phipps, Lou Ann Lathrop, and Steve Rohrbach. Moved by
Champion, seconded by Vanderhoef, to continue the public hearing to January 27th. After
discussion original motion withdrawn. Moved by O'Donnell, seconded by Champion, to
continue the public hearing to February 3. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, to defer to February 3 the ordinance
rezoning approximately 119.94 acres from Interim Development Single-Family, IDRS, and
Interim Development Multi-Family, IDRM, to Planned Development Housing Overlay - Single
Family Residential, OPDH-5, subject to conditions, for property located south of Pepperwood
Addition and east of Gilbert Street. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Moved by Vanderhoef, seconded by O'Donnell, that the ordinance rezoning 16.1
acres from Residential Factory Built Housing Residential (RFBH) to Planned Development
Housing Overlay 12 (OPDH-12) and an OPDH Plan for property located on Heinz Road
(Saddlebrook), be given second vote. PCD Director Franklin present for discussion.
Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef,
seconded by O'Donnell, to accept correspondence from Tracey Schmidt, Bob and Debbie
Westcott, Irene Klinzman, Thomas Stillwagon. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by O'Donnell, that the ordinance rezoning
approximately 26.98 acres from Highway Commercial, CH-l, to Sensitive Areas Overlay
(SAC/CH-I) for property located west of Mormon Trek Boulevard and south of Highway 1
(Carousel), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Elliott, to defer to February 3 an 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
Complete Description
Page 4
January 20, 2004
a Stormwater Utility Fee. Pat Guard, Iowa City Area Chamber of Commerce, appeared. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by
O'Donnell, seconded by Vanderhoef, to accept correspondence from Joe Raso. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Bailey, to defer to February 3 an ordinance
amending Title 10 of the City Code, entitled "Use of Public Ways and Property," to create a
uniform permitting process, to establish requirements for the Farmers Market, to provide for
the noncommercial placement of objects in City Plaza on a temporary basis, to modify the
provision on residential picketing, to clarify the current provisions regulating mobile vendors
and ambulatory vendors, to codify specific administrative rules affecting said vendors, and to
make additional nonsubstantive changes. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Wilburn, that the ordinance amending Title 14,
entitled "Unified Development Code", Chapter 4, entitled "Land Control and Development",
Article C, entitled "Historic Preservation Regulations", to add certain provisions to Section 4,
entitled "Rules of the Commission" and certain provisions to Section 7, entitled "Applications
for Certificates of Appropriateness", in order to allow for the appointment of a Historic Review
Subcommittee to review applications for Certificates of Appropriateness, be given second
vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-16, FIXING DATE
FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $7,305,000 GENERAL
OBLIGATION BONDS, TAXABLE SERIES 2004, OF IOWA CITY, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Bailey, to adopt RES. 04-17, DIRECTING THE
ADVERTISEMENT FOR SALE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE
SERIES 2004, AND APPROVING ELECTRONIC BIDDING PROCEDURES. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Vanderhoef, seconded by Wilbum, to adopt RES. 04-18, INTENT TO
CONVEY A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY LOCATED
WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE TO PAUL
AND JOAN BURNS, OWNERS OF 425 BELDON AVENUE, IN EXCHANGE FOR BURNS
CONVEYANCE OF A 44 SQUARE FOOT PARCEL OF PRIVATE PROPERTY LOCATED AT
THE INTERSECTION OF GROVE STREET AND BELDON AVENUE, AND SETTING A
PUBLIC HEARING FOR MARCH 2, 2004. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Bailey, to adopt RES. 04-19, ESTABLISHING A
REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION
SERVICES AND PROGRAMS. 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 defer to February 3 and refer back to
the Rules Committee a resolution amending the by-laws of the Historic Preservation
Commission. The City Clerk stated the Rules Committee would be meeting at 12:45 on
January 22 to consider the revised bylaws. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Complete Description
Page 5
Januaw 20,2004
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-20, NAMING THE
WATERWORKS PARKLAND "WATERWORKS PRAIRIE PARK." Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Elliott, seconded by Champion, to reaffirm the following appointments: Mike
O'Donnell and Dee Vanderhoef to the SEATS Paratransit Advisory Committee for terms
expiring 6/30/05 and 6/30/04 respectfully; Ross Wilburn to the East Central Iowa Council of
Governments (ECICOG) for a term expiring 12/31/04; Dee Vanderhoef to the Chief Elected
Official - Work Force Development; Ernie Lehman and Ross Wilburn to the North Airport
Development Subcommittee. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Mayor Pro rem Wilburn left the room due to a conflict of interest. Moved by Champion,
seconded by Vanderhoef, that due to budget constraints no representatives will be appointed
this year to the Human Service/Aid to Agencies since no changes in current allocations will
occur. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Mayor Pro
tem Wilburn returned to the meeting.
The Mayor noted the previously announced vacancies: Airport Zoning Commission to
fill a six-year term January 1, 2004 - December 31, 2009. Applications must be received by
5:00 p.m., Wednesday, January 21, 2004; Airport Commission to fill an unexpired term
ending March 31,2007; Airport Zoning Board of Adjustment to fill an unexpired plus a five-
year term ending December 31,2008; Historic Preservation Commission (Woodlawn District
Representative) to fill a three-year term March 29, 2003 - March 29, 2006. Applications must
be received by 5:00 p.m..Wednesday, January 28, 2004. [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.]
The Mayor announced the current vacancies of Boards and Commissions: Airport
Commission to fill a six-year term March 1, 2004 - March 1, 2010; Civil Service Commission
to fill a four-year term April 5, 2004 April 7, 2008; Historic Preservation Commission to fill
three vacancies, (1) At-Large, (1) Brown Street District Rep, (1) Summit Street District Rep,
for three-year terms March 29, 2004 - March 29, 2007; Telecommunications Commission to
fill a three-year term - March 13, 2007. Applications must be received by 5:00 p.m.
Wednesday, February 25, 2004.
Council Member Elliott noted correspondence received regarding an indoor soccer
facility and requested a work session be scheduled on the matter, majority agreed; and
stated his enjoyment of participating in the Iowa caucus.
Council Member Vanderhoef noted she would be attending the upcoming Legislative
Lobbying Day sponsored by the Iowa League of Cities on February 18, and encouraged
other Council Members to attend.
Mayor Pro tern Wilbum questioned the status of the League of Women Voters request
for a regional government presentation. Mayor Lehman stated his desire to have presented
the item at the joint county meeting and he had communicated that to the League, they
choose not to, and will contact us at a later time; and thanked Mayor Lehman for participating
in the Martin Luther King Day celebration.
Council Member Bailey reminded citizens of the Emma Goldman Choice Dinner on
Thursday evening.
Mayor Lehman reminded everyone of the joint meeting at the Johnson County
Administration Building on January 21; and the annual Chamber of Commerce Banquet
scheduled January 29.
Complete Description
Page 6
January 20, 2004
Moved by Wilburn, seconded by Vanderhoef, to adjourn regular meeting at 8:40 p.m.
The Mayor declared the motion carried unanimously..~7/0, all Council Membe~ present.
~'rr~est W. Lehman,'Mayor
Mari~lf~ K. K~rr, City Clerk
~1-20-04
Subject to change as finalized by the City Clerk. For a final official copy, contact the City 5a(1)
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- 1/5/04
Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef, Wilburn. Absent: None.
Moved and seconded to appoint City Clerk Karr as Temporary Chairperson. The
Mayor declared the motion carried. Temporary Chair Karr presiding.
The Temporary Chair announced that nominations were in order for the office of the
Mayor of the City of Iowa City. Moved and seconded to nominate Ernie Lehman. Moved and
seconded to close nominations. The Temporary Chair declared the motion carried. The
Temporary Chair stated this was the time for a vote on the nomination of Ernie Lehman for
Mayor. After a voice vote, the Temporary Chair declared the motion carried.
The Temporary Chair announced that nominations were in order for the office of
Mayor Pro tem of the City of Iowa City. Moved and seconded to nominate Ross Wilburn.
Moved and seconded to close nominations. The Temporary Chair declared the motion
carried. The Temporary Chair stated this was the time for a vote on the nomination of Ross
Wilburn for Mayor Pro rem. After a voice vote, the Temporary Chair declared the motion
carried.
The City Clerk gave the Oath of Office to Mayor Lehman and Mayor Pro rem Wilburn.
Mayor Lehman presiding.
Moved and seconded to make the following Council appointments: Rules Committee -
Champion, O'Donnell; Emergency Management - O'Donnell; Johnson County Council of
Governments (6 + 1 alternate) - Mayor Lehman alternate; Iowa City/Coralville Visitors &
Convention Bureau - Bailey; Student Senate Subcommittee - Elliott, Vanderhoef; Economic
Development Committee - Lehman, Elliott, Bailey; Hawkeye Area Community Area Program
(HACAP) - no Council appointment. The Mayor declared the motion carried.
Moved and seconded to adjourn 6:55 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,Cleric,__
Submitt~-d for publication - 1/12/04.
City of Iowa City
MEMORANDUM
Date: January 5, 2004
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, January 5, 2004, 6:55 PM in Emma J. Harvat Hall
Council: Bailey, Champion, EIliott, Lehman, O'Donnell, Vanderhoef, Wilbum
Staff: Atkins, Helling, Howard, Franklin, Dilkes, Karr, Rocca
Tapes: 04-02, Both Sides
(A complete transcription is available in the City Clerk's Office)
AGENDA ITEMS
1. (Consent calendar #3d(1) - Resolution adopting the statewide Mutual Aid Compact) Fire
Chief Rocca presented background information.
[Agenda item discussion continued later in the meeting]
ADDITIONS TO AGENDA
Council agreed to add:
· resolution to issue a dancing permit for Los Portales
· motion approving tentative agreement with AFSCME
PLANNING & ZONING ITEMS
PCD Director Franklin presented information on the following matters:
A. REZONING APPROXIMATELY 119.94 ACRES FROM INTERIM DEVELOPMENT SINGLE-
FAMILY, IDRS AND INTERIM DEVELOPMENT MULTI-FAMILY, IDRM, TO PLANNED
DEVELOPMENT HOUSING OVERLAY - SINGLE FAMILY RESIDENTIAL, OPDH-5, SUBJECT TO
CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST
OF GILBERT STREET (Sandhill Estates). (REZ03-O0020)
Associate Planner Howard presented a power point presentation. Franklin indicated the public
hearing would have to be continued as no signed conditional zoning agreement had been
received, and/or to allow a consult with Planning & Zoning on the conditions. [See additional
discussion under agenda items.]
B. REZONING APPROXIMATELY 16.1 ACRES FROM RESIDENTIAL FACTORY BUILT HOUSING
RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY-12 (OPDH-12) AND
AN OPDH PLAN FOR PROPERTY ON HEINZ ROAD (SADDLEBROOK). (REZ03-00024)
Council Work Session
Januaw 5,2004
Page 2
C. REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH-l, TO
SENSITIVE AREAS OVERLAY (SAOICH-1) FOR PROPERTY LOCATED WEST OF MORMON
TREK BOULEVARD AND SOUTH OF HIGHWAY 1 (Carousel). (REZ03-00027)
Franklin stated the third reading would be scheduled after approval of the wetlands plan by the
Corps of Engineers.
D. ORDINANCE REZONING APPROXIMATELY 113 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 (Clark). (REZ03-00022) (SECOND CONSIDERATION)
E. ORDINANCE VACATING A PORTION OF AN ALLEY RIGHT-OF-WAY LOCATED SOUTH OF
KIRKWOOD AVENUE AND WEST OF DIANA STREET (Lensing). (VAC03-00001) (PASS AND
ADOPT)
Franklin stated the actual conveyance of the property was item # 7 on the agenda.
F. RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF
KENNEDY SUBDIVISION. (SUB02-00026)
PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT (Item # 12)
PCD Director Franklin presented information.
AGENDA ITEMS (continued)
2. (Item # 6 - Public hearing and resolution ... amendment ... Consolidated Plan ... Prairie
Garden ...) Mayor Pro tem Wilburn left the table due to a conflict of interest. PCD Director
Franklin responded to questions concerning scattered housing sites and one, two, and three
bedroom units. Mayor Pro tem Wilburn returned to the table.
3. (Item # 8 - Ordinance amending Title 3 ... stormwater utility and ... stormwater utility fee)
The City Manager stated the Chamber of Commerce of requested postponement of the
readings. Mayor Lehman stated it was his understanding they could proceed with second
reading, and hold off on the final. Staff will meet with commercial and industry
representatives and report back.
4. (Item # 13b - Motion approving AFSCME settlement) City Manager Atkins noted the addition
of the item and information mailed previously.
5. (Item # 13a - Resolution ratifying settlement ... Medicom proposed rate increase ...) City
Clerk Karr noted the resolution and agreement distributed that evening. Asst. City Mgr.
Helling responded to questions.
6. (Consent Calendar # 3e(1) - Letter from Carol Spaziani ... League of Women Voters ...
regional government ...) Mayor Lehman suggested the item be added to the agenda for the
joint meeting on January 21, Council concurred. Staff will follow up.
Council Work Session
January 5,2004
Page 3
7. (Planning & Zoning Matters - # 5a - Public hearing ... Ordinance rezoning ... Sandhill
Estates) In response to PCD Director Franklin a majority indicated a desire to tour various
neighborhoods, homes and garages as noted in earlier discussion. Staff will proceed to set
up the tour.
COUNCIL APPOINTMENTS
Airport Commission - Daniel Clay; re-advertise one
Airport Zoning Board of Adjustment - No applicants; re-advertise
Board of Adjustment- Karen Leigh
Board of Appeals - Tim Fehr
Historic Preservation Commission - No applicants; re-advertise
Parks & Recreation Commission - Dave Fleener
Planning & Zoning Commission - Robert Brooks
COUNCIL TIME
1. Council Member O'Donnell welcomed new Councilors Bailey and Elliott.
2. City Manager Atkins reminded Council of the retreat set for Thursday, January 8 at 8:00 AM.
Majority agreed to change the start time to 8:45.
3. City Manager Atkins announced the hiring of Kathi Johansen as Administrative Assistant.
4. In response to Council Member Champion, the City Manager stated he would be doing a
general budget overview on January 13, including changes to the budget directed by
Council six months ago; and capital projects are scheduled for January 15.
Meeting adjourned 8:35 PM.
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040. ~
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $
OFFICIAL COUNCIL ACTIONS - 1/6/04
Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef, Wilburn. Absent: None.
The Mayor presented Outstanding Student Citizenship Awards to Horace Mann
Elementary students: Asumi Shibata, Andrew Wilkes, Margaret Yapp.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received and or approved, and/or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk. December 2 Special Work Session; December 15 Special Council Formal
Official and Complete; December 15 Regular Work Session; December 16 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 - October 16, 2003; Human Rights
Commission -October 28, 2003; Board of Adjustment- November 12, 2003; Parks
and Recreation Commission - November 12, 2003; Historic Preservation Commission
- November 13, 2003; Senior Center Commission - November 17, 2003; Housing &
Community Development Commission - November 20, 2003; Iowa City Public Library
- November 20, 2003; Iowa City Telecommunications Commission - November 24,
2003; Planning and Zoning Commission - December 4, 2003
Recommendation to Council: Recommended approval REZ04-00027
(Item 5c under Planning and Zoning items.) Recommended approval
SUB04-00027, an eight-lot commercial subdivision for a 25.07 acre
property located west of Mormon Trek Boulevard and south of Highway
1.
Civil Service Commission - December 17, 2003
Recommendation to Council: Accept the promotional lists for the
positions of Fire Lieutenant, Fire Captain, and Fire Battalion Chief.
Motions: Approve disbursements in the amount of $9,249,508.09 for the period
of September 1 through September 30, 2003, as recommended by the Finance
Director subject to audit.
Resolutions: RES. 04-01, ADOPTING THE STATEWlDE MUTUAL AID
COMPACT. RES. 04-2, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE RELEASE OF A UTILITY AND DRAINAGE EASEMENT
LOCATED ON LOT 9, B.D.I. FIFTH ADDITION, IOWA CITY, IOWA, AND TO
APPROVE AND EXECUTE A NEW UTILITY AND DRAINAGE EASEMENT
AGREEMENT FOR LOT 8, B.D.I. FIFTH ADDITION, IOWA CITY, iOWA. RES. 04-3,
TO ISSUE A DANCE PERMIT for Los Portales, 1402 S. Gilbert St.
Correspondence: Carol Spaziani and Pat Cancilla, Co-Chairs LWVJC Regional
Government Committee regarding Requesting Work Session Agenda Time; John
McKinstry regarding Shelter House; United States Environmental Protection Agency
regarding Former Manufactured Gas Plant Site; JCCOG Traffic Engineering Planner,
Installation of a NO PARKING CORNER TO HERE SIGN on the west side of Ferson
Avenue; Relocating bus stop signs from Magowan Ave. to Ferson Ave. at the
intersection of Hutchinson Ave./River St. to Magowan Ave./River St; James Seamans
regarding Large Political Signs [Staff response included]; Donald Baxter regarding
Official Actions
January 6, 2004
Page 2
Pedestrian Crossing at Iowa Ave and English Philosophy Building [Staff response
included]; Stephen M. Rebro regarding Homeless Shelter [Staff response included];
Carol Spaziani regarding League of Women Voters Presentation.
The Mayor declared the motion carried.
Chris Arpey, 3719 Foxana Dr., representing the Iowa Soccer Club requested a
temporary zoning variance for a vacant warehouse located at 2804 Industrial Park Road.
Moved and seconded to accept correspondence from Mr. Arpey. The Mayor declared the
motion carried. Matt Hayek, 714 Brown Street, representing Englert Civic Theatre, requested
Council consideration of a code modification for three doors that exit the alley.
A public hearing was held on an ordinance rezoning approximately 119.94 acres from
Interim Development Single-Family, IDRS and Interim Development Multi-Family, IDRM, to
Planned Development Housing Overlay - Single Family Residential, OPDH-5, subject to
conditions, for property located South of Pepperwood Addition and East of Gilbert Street.
The following individuals appeared: Atty. Joe Holland, representing the applicant Southgate
Development; Karen Dawes, 1055 Briar Drive; Jim Quigley, 915 Pepper Drive; Steve Nelson,
1033 Sandusky Drive; Louann Lathrop, 77 - 310th, West Branch; Dave Moore, 425
Davenport Street; Robyn Shrader, 1104 Weeber Street; Glenn Siders, Southgate
Development; Dave Klockau, 1031 Briar Drive; and Holly Berkowitz, 612 Granada Ct. Moved
and seconded to accept correspondence from C. Joseph Holland, Joel Fagan, Mike Hensch,
Rick and Karen Allen, Dave Moore, and Louann Lathrop. The Mayor declared the motion
carried. Moved and seconded to continue the public hearing to January 20. The Mayor
declared the motion carried.
Moved and seconded to defer to January 20, ordinance rezoning approximately
119.94 acres from Interim Development Single-Family, IDRS and Interim Development Multi-
Family, IDRM, to Planned Development Housing Overlay - Single Family Residential,
OPDH-5, subject to conditions, for property located South of Pepperwood Addition and East
of Gilbert Street. The Mayor declared the motion carried.
A public hearing was held on an ordinance rezoning approximately 16.1 acres from
Residential Factory Built Housing Residential (RFBH) to Planned Development Housing
Overlay-12 (OPDH-12) and an OPDH Plan for property on Heinz Road. The following
individuals appeared: Steve Gordon, AM Management, representing the applicant; Richard
Gordon, 246 Lenz Ct.; and Irene Klinzman, 275 Paddock Circle.
Moved and seconded that the ordinance rezoning 16.1 acres from Residential Factory
Built Housing Residential (RFBH)to Planned Development Housing Overlay 12 (OPDH-12)
and an OPDH Plan for property on Heinz Road, be given first vote. Steve Gordon, AM
Management, representing the applicant and Saddlebrook resident Sheryl Gordon appeared.
The Mayor declared the motion carried.
A public hearing was held on an ordinance rezoning approximately 26.98 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.
Moved and seconded that the ordinance rezoning approximately 26.98 acres from
Highway Commercial, CH1, to Sensitive Areas Overlay SAO/CH1 for property located) West
of Mormon Trek Boulevard and South of Highway 1, be given first vote. The Mayor declared
the motion carried.
Moved and seconded that the rule requiring ordinances to be considered and voted on
for final passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived, and that ORD. 03-
4106, CHANGING THE ZONING DESIGNATION OF 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, be voted on for final passage
Official Actions
January 6, 2004
Page 3
at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance
be adopted at this time.
Moved and seconded that ORD. 04-4107, VACATING A PORTION OF AN ALLEY
RIGHT-OF-WAY LOCATED SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA
STREET, be passed and adopted.
Moved and seconded to adopt RES. 04-4, APPROVING THE EXTRATERRITORIAL
FINAL PLAT OF KENNEDY SUBDIVISION, JOHNSON COUNTY, IOWA.
Mayor Pro tem Wilburn left the meeting due to a conflict of interest.
A public hearing was held on a resolution approving an amendment to the FY04
Annual Action Plan, that is a 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.
Moved and seconded to adopt resolution approving an amendment to the FY04
Annual Action Plan, that is a 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 resolution defeated.
Mayor Pro tern Wilburn returned to the meeting.
A public hearing was held on a resolution authorizing conveyance of 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.
Moved and seconded to adopt RES. 04-5, AUTHORIZING CONVEYANCE OF 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.
Moved and seconded 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, be given second vote. The Mayor
declared the motion carried.
Moved and seconded that the ordinance amending Title 14, entitled "Unified
Development Code", Chapter 4, entitled" Land Control and Development", Article C, entitled
"Historic Preservation Regulations", to add certain provisions to Section 4, entitled "Rules of
the Commission" and certain provisions to Section 7, entitled "Applications for Certificates of
Appropriateness", in order to allow for the appointment of a Historic Review Subcommittee to
review applications for Certificates of Appropriateness, be given first vote. The Mayor
declared the motion carried.
Moved and seconded to refer to the Rules Committee and defer to January 20, a
resolution amending the by-laws of the Historic Preservation Commission. The Mayor declared
the motion carried.
Moved and seconded to adopt RES. 04-6, APPROVING THE CONTRACT BETWEEN
THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE
IOWA'S SCULPTOR'S SHOWCASE.
Moved and seconded to adopt RES. 04-7, CONSENTING TO THE ASSIGNMENT OF
THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT FROM TERRY L.
STAMPER HOLDINGS, L.L.C. TO PENINSULA DEVELOPMENT L.L.C. AND APPROVING
THE SECOND AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT
AGREEMENT. Jim Knapp appeared.
Official Actions
January 6, 2004
Page 4
Moved and seconded to adopt RES. 04-8, RATIFYING SETTLEMENT OF A RATE
CASE PENDING BEFORE THE FCC RELATING TO MEDIACOM COMMUNICATIONS
CORPORATION'S PROPOSED RATE INCREASE AND ITS CALCULATIONS RELATING
TO ESTABLISHMENT OF A MAXIMUM PERMITTED RATE FOR BASIC CABLE SERVICE.
Moved and seconded to approve a tentative agreement between the City of Iowa City
and the American Federation of State, County and Municipal Employees (AFSCME) Local
183, AFL-CIO. The Mayor declared the motion carried.
The Mayor noted the previously announced vacancy: 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.
Moved and seconded to make the following appointments: Daniel Clay, 3202
Friendship Street, to the Airport Commission to fill one unexpired term ending March 1,2008;
Karen Leigh, 809 E. Bloomington, to the Board of Adjustment to fill an unexpired term ending
January 1,2007; Tim Fehr, 1116 Hampton Court, to the Board of Appeals (Mechanical
Professional) to fill five-year terms January 1, 2004 - December 31,2008; Dave Fleener, 72
Goldfinch Circle, to the Parks & Recreation Commission to fill a four-year term January 1,
2004 - January 1,2008; Robert Brooks, 1620 Quincent Street, to the Planning & Zoning
Commission to fill an unexpired term ending May 1,2005. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present. Moved and seconded to accept
correspondence from Garry Klein. The Mayor declared the motion carried. The Mayor noted
no applications were received for the Airport Commission to fill an unexpired term ending
March 1,2007; and Airport Zoning Board of Adjustment to fill an unexpired plus a five year
term ending December 31,2008, both will be readvertised. No applications were received for
the Historic Preservation Commission for a (Woodlawn District Representative) three- year
term March 29, 2003 - March 29, 2006. [Staff will net 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 regular meeting at 9:10 p.m. The Mayor declared the
motion carried.
A more complete description of Council activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s/Ernest W. Lehman, Mayor
s/Marian K. Karr, City Clerb
Submitted for publication - 1/14/03.
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
JANUARY 5, 2004
Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr,
Franklin, Rocca. Council minutes recorded on Tape 04-01, Side 1.
Moved by Champion, seconded by O'Donnell, to appoint City Clerk Karr as Temporary
Chairperson. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present. Temporary Chair Karr presiding.
The Temporary Chair announced that nominations were in order for the office of the
Mayor of the City of Iowa City. Moved by Vanderhoef, seconded by Champion, to nominate
Ernie Lehman. Moved by O'Donnell, seconded by Wilburn, to close nominations. The
Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present.
The Temporary Chair stated this was the time for a vote on the nomination of Ernie Lehman
for Mayor. After a voice vote, the Temporary Chair declared the motion carried unanimously,
7/0, all Council Members present.
The Temporary Chair announced that nominations were in order for the office of
Mayor Pro tem of the City of Iowa City. Moved by Champion, seconded by Bailey, to
nominate Ross Wilburn. Moved by Lehman, seconded by Elliott, to close nominations. The
Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present.
The Temporary Chair stated this was the time for a vote on the nomination of Ross Wilburn
for Mayor Pro tem. After a voice vote, the Temporary Chair declared the motion carried
unanimously, 7/0, all Council Members present.
The City Clerk gave the Oath of Office to Mayor Lehman and Mayor Pro rem Wilburn.
Mayor Lehman presiding.
Moved by Champion, seconded by Vanderhoef, to make the following Council
appointments: Rules Committee - Champion, O'Donnell; Emergency Management -
O'Donnell; Johnson County Council of Governments (6 + 1 alternate) - Mayor Lehman
alternate; Iowa City/Coralville Visitors & Convention Bureau - Bailey; Student Senate
Subcommittee - Elliott, Vanderhoef; Economic Development Committee - Lehman, Elliott,
Bailey; Hawkeye Area Community Area Program (HACAP) - no Council appointment. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council
Member Vanderhoef noted that other committee appointments such as SEATS Advisory; Aid
to Agencies, CEO's, and ECICOG were not on the agenda. Mayor Lehman also noted the
Airport Subcommittee should also be addressed. City Clerk Karr stated those were not
traditionally made at the organizational meeting but would report back at the January 20 work
session.
Moved by O'Donnell, seconded by Wilburn, to adjourn 6:55 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JANUARY 6, 2004
Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman
presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr,
Franklin, Fosse, Boelk. Council minutes tape recorded on Tape 04-01, Side 2; Tape 04-03,
Both Sides.
Mayor Lehman welcomed two new Council Members Elliott and Bailey, and reminded
them that the Council retreat was scheduled for 8:45 AM on Thursday, January 8.
The Mayor presented Outstanding Student Citizenship Awards to Horace Mann
Elementary students: Asumi Shibata, Andrew Wilkes, Margaret Yapp.
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:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk. December 2 Special Work Session; December 15 Special Council Formal
Official and Complete; December 15 Regular Work Session; December 16 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 - October 16, 2003; Human Rights
Commission - October 28, 2003; Board of Adjustment - November 12, 2003; Parks
and Recreation Commission - November 12, 2003; Historic Preservation Commission
- November 13, 2003; Senior Center Commission -November 17, 2003; Housing &
Community Development Commission - November 20, 2003; Iowa City Public Library
- November 20, 2003; Iowa City Telecommunications Commission - November 24,
2003; Planning and Zoning Commission - December 4, 2003
Recommendation to Council: Recommended approval REZ04-00027
(Item 5c under Planning and Zoning items.) Recommended approval
SUB04-00027, an eight-lot commercial subdivision for a 25.07 acre
property located west of Mormon Trek Boulevard and south of Highway
1.
Civil Service Commission - December 17, 2003
Recommendation to Council: Accept the promotional lists for the
positions of Fire Lieutenant, Fire Captain, and Fire Battalion Chief.
Motions: Approve disbursements in the amount of $9,249,508.09 for the period
of September 1 through September 30, 2003, as recommended by the Finance
Director subject to audit.
Resolutions: RES. 04-01, ADOPTING THE STATEWIDE MUTUAL AID
COMPACT. RES. 04-2, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE RELEASE OF A UTILITY AND DRAINAGE EASEMENT
LOCATED ON LOT 9, B.D.I. FIFTH ADDITION, IOWA CITY, IOWA, AND TO
APPROVE AND EXECUTE A NEW UTILITY AND DRAINAGE EASEMENT
AGREEMENT FOR LOT 8, B.D.I. FIFTH ADDITION, IOWA CITY, IOWA. RES. 04-3,
TO ISSUE A DANCE PERMIT for Los Portales Mexican Restaurant, Inc. dba Los
Portales, 1402 S. Gilbert St.
Correspondence: Carol Spaziani and Pat Cancilla, Co-Chairs LWVJC Regional
Government Committee regarding Requesting Work Session Agenda Time; John
McKinstry regarding Shelter House; United States Environmental Protection Agency
regarding Former Manufactured Gas Plant Site; JCCOG Traffic Engineering Planner,
Complete Description
January 6, 2004
Page 2
Installation of a NO PARKING CORNER TO HERE SIGN on the west side of Ferson
Avenue; Relocating bus stop signs from Magowan Ave. to Ferson Ave. at the
intersection of Hutchinson Ave./River St. to Magowan Ave./River St; James Seamans
regarding Large Political Signs [Staff response included]; Donald Baxter regarding
Pedestrian Crossing at Iowa Ave and English Philosophy Building [Staff response
included]; Stephen M. Rebro regarding Homeless Shelter [Staff response included];
Carol Spaziani regarding League of Women Voters Presentation.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Chris Arpey, 3719 Foxana Dr., representing the Iowa Soccer Club requested a
temporary zoning variance for a vacant warehouse located at 2804 Industrial Park Road.
Moved by O'Donnell, seconded by Vanderhoef, toaccept correspondence from Mr. Arpey.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matt
Hayek, 714 Brown Street, representing Englert Civic Theatre, requested Council
consideration of a code modification for three doors that exit the alley. The City Attorney and
City Manager reported that a request had been denied by the Public Works Director for a
temporary use of public right of way, and noted a letter had been received for a meeting with
the City Council. Staff will provide the letter and background information for Council.
A public hearing was held on an ordinance rezoning approximately 119.94 acres from
Interim Development Single-Family, IDRS and Interim Development Multi-Family, IDRM, to
Planned Development Housing Overlay - Single Family Residential, OPDH-5, subject to
conditions, for property located South of Pepperwood Addition and East o[ Gilbert Street
(Sandhill Estates). The following individuals appeared: Atty. Joe Holland, representing the
applicant Southgate Development; Karen Dawes, 1055 Briar Drive; Jim Quigley, 915 Pepper
Drive; Steve Nelson, 1033 Sandusky Drive; Louann Lathrop, 77 - 310th, West Branch; Dave
Moore, 425 Davenport Street; Robyn Shrader, 1104 Weeber Street; Glenn Siders, Southgate
Development; Dave Klockau, 1031 Briar Drive; and Holly Berkowitz, 612 Granada Ct. PCD
Director Franklin present for discussion. Moved by Vanderhoef, seconded by Wilbum, to
accept correspondence from C. Joseph Holland, Joel Fagan, Mike Hensch, Rick and Karen
Allen, Dave Moore, and Louann Lathrop. The Mayor declared the motion carried, 7/0, all
Council Members present. Moved by Elliott, seconded by Champion, to continue the public
hearing to January 20. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Vanderhoef seconded by O'Donnell, to defer to January 20, ordinance
rezoning approximately 119.94 acres from Interim Development Single-Family, IDRS and
Interim Development Multi-Family, IDRM, to Planned Development Housing Overlay - Single
Family Residential, OPDH-5, 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.
A public hearing was held on an ordinance rezoning approximately 16.1 acres from
Residential Factory Built Housing Residential (RFBH) to Planned Development Housing
Overlay-12 (OPDH-12) and an OPDH Plan for property on Heinz Road (Saddlebrook). The
following individuals appeared: Steve Gordon, AM Management, representing the applicant;
Richard Gordon, 246 Lenz Ct.; and Irene Klinzman, 275 Paddock Circle. PCD Director
Franklin present for discussion.
Moved by Wilburn, seconded by Vanderhoef, that the ordinance rezoning 16.1 acres
from Residential Factory Built Housing Residential (RFBH) to Planned Development Housing
Overlay 12 (OPDH-12) and an OPDH Plan for property on Heinz Road (Saddlebrook), be
given first vote. Steve Gordon, AM Management, representing the applicant and Saddlebrook
resident Sheryl Gordon appeared. Individual Council Members expressed their views. The
Complete Description
January 6, 2004
Page 3
Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes:
Champion, Elliott, Lehman, Vanderhoef, Wilburn, Bailey. Nays: O'Donnell. Absent: None.
A public hearing was held on an ordinance rezoning approximately 26.98 acres from
Highway Commercial, CH-l, to Sensitive Areas Overlay (SAO/CH-1) for property located
(Carousel) West of Mormon Trek Boulevard and South of Highway 1. No one appeared.
Moved by Champion, seconded by O'Donnell, that the ordinance rezoning
approximately 26.98 acres from Highway Commercial, CH1, to Sensitive Areas Overlay
SAO/CH1 for property located) West of Mormon Trek Boulevard and South of Highway 1
(Carousel), 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 Vanderhoef, that the 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, be given second vote. Original motion withdrawn.
Moved by O'Donnell, seconded by Champion that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 03-4106, CHANGING THE ZONING DESIGNATION OF 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
(Clark), be voted on for final passage at this time. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by
Vanderhoef, that the ordinance be adopted at this time. The Mayor declared the ordinance
adopted unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Wilburn, that ORD. 04-4107, VACATING A
PORTION OF AN ALLEY RIGHT-OF-WAY LOCATED SOUTH OF KIRKWOOD AVENUE
AND WEST OF DIANA STREET (Lensing), be passed and adopted. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by O'Donnell, to adopt RES. 04-4, APPROVING THE
EXTRATERRITORIAL FINAL PLAT OF KENNEDY SUBDIVISION, JOHNSON COUNTY,
IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Mayor Pro tern Wilburn left the meeting due to a conflict of interest.
A public hearing was held on a resolution approving an amendment to the FY04
Annual Action Plan, that is a 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. No one appeared.
Moved by O'Donnell, seconded by Vanderhoef, to adopt resolution approving an
amendment to the FY04 Annual Action Plan, that is a 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. Individual Council Members
expressed their views. The Mayor declared the resolution defeated, 3/3, with the following
division of roll call vote. Ayes: Lehman, O'Donnell, Bailey. Nays: Champion, Elliott,
Vanderhoef. Abstaining: Wilburn.
Mayor Pro tern Wilburn returned to the meeting.
A public hearing was held on a resolution authorizing conveyance of 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. No one appeared.
Moved by Champion, seconded by O'Donnell, to adopt RES. 04-5, AUTHORIZING
CONVEYANCE OF A THREE HUNDRED TWENTY THREE FOOT LONG PORTION OF THE
Complete Description
January 6, 2004
Page 4
TWENTY FOOT WIDE ALLEY LOCATED BETWEEN KIRKWOOD AVENUE AND DIANA
STREET IN BLOCK 6, LUCAS ADDITION, TO ADJACENT PROPERTY OWNERS.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Vanderhoef, seconded by Bailey, 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,
be given second vote. Individual Council Members expressed their views. The Mayor
declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman,
Vanderhoef, Wilburn, Bailey, Champion. Nays: Elliott, O'Donnell. Absent: None.
Moved by Champion, seconded by Elliott, that the ordinance amending Title 14,
entitled "Unified Development Code", Chapter 4, entitled" Land Control and Development",
Article C, entitled "Historic Preservation Regulations", to add certain provisions to Section 4,
entitled "Rules of the Commission" and certain provisions to Section 7, entitled "Applications
for Certificates of Appropriateness", in order to allow for the appointment of a Historic Review
Subcommittee to review applications for Certificates of Appropriateness, be given first vote.
PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried.
Moved by Vanderhoef, seconded by O'Donnell, to refer to the Rules Committee and
defer to January 20, a resolution amending the by-laws of the Historic Preservation
Commission. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by O'Donnell, seconded by Champion, to adopt RES. 04-6, APPROVING THE
CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A
SCULPTURE ON THE IOWA'S SCULPTOR'S SHOWCASE. PCD Director Franklin present
for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Champion, to adopt RES. 04-7, CONSENTING TO
THE ASSIGNMENT OF THE PENINSULA NEIGHBORHOOD DEVELOPMENT
AGREEMENT FROM TERRY L. STAMPER HOLDINGS, L.L.C. TO PENINSULA
DEVELOPMENT L.L.C. AND APPROVING THE SECOND AMENDMENT TO THE
PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT. Jim Knapp appeared.
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 Vanderhoef, seconded by O'Donnell, to adopt RES. 04-8, RATIFYING
SETTLEMENT OF A RATE CASE PENDING BEFORE THE FCC RELATING TO
MEDIACOM COMMUNICATIONS CORPORATION'S PROPOSED RATE INCREASE AND
ITS CALCULATIONS RELATING TO ESTABLISHMENT OF A MAXIMUM PERMITTED
RATE FOR BASIC CABLE SERVICE. Asst. City Mgr. Helling outlined the settlement.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Champion, seconded by Vanderhoef, to approve a tentative agreement
between the City of Iowa City and the American Federation of State, County and Municipal
Employees (AFSCME) Local 183, AFL-CIO. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Complete Description
January 6, 2004
Page 5
The Mayor noted the previously announced vacancy: 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.
Moved by Wilburn, seconded by Vanderhoef, to make the following appointments:
Daniel Clay, 3202 Friendship Street, to the Airport Commission to fill one unexpired term
ending March 1,2008; Karen Leigh, 809 E. Bloomington, to the Board of Adjustment to fill an
unexpired term ending January 1,2007; Tim Fehr, 1116 Hampton Court, to the Board of
Appeals (Mechanical Professional) to fill five-year terms January 1,2004 - December 31,
2008; Dave Fleener, 72 Goldfinch Circle, to the Parks & Recreation Commission to fill a four-
year term January 1,2004 - January 1,2008; Robert Brooks, 1620 Quincent Street, to the
Planning & Zoning Commission to fill an unexpired term ending May 1,2005. The Mayor
declared the motion carried unanimously, 7~0, all Council Members present. Moved by
O'Donnell, seconded by Vanderhoef, to accept correspondence from Garry Klein. The Mayor
declared the motion carried unanimously, 7~0, all Council Members present. The Mayor
noted no applications were received for the Airport Commission to fill an unexpired term
ending March 1,2007; and Airport Zoning Board of Adjustment to fill an unexpired plus a five
year term ending December 31,2008, both will be readvertised. No applications were
received for the Historic Preservation Commission for a (Woodlawn District Representative)
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 vacancies with postings and
on the Council agenda. However, no additional publication costs will be incurred].
Council Member Elliott noted remarks made earlier in the evening that referred to the
appearance of homes in a very pejorative nature, and stated he hoped that wouldn't happen
again; and asked folks meeting his wife over the next week to offer condolences on their
upcoming 46th wedding anniversary.
Council Member Champion welcomed the two new Council Members.
Council Member O'Donnell also welcomed the two new Members.
Council Member Vanderhoef reported on her shadowing experience at West High
School shortly before Christmas, and applauded Gary Neuzil and the Social Studies and
Government Classes.
Mayor Pro rem Wilburn reported he had been asked to teach a Junior Achievement
course at Grant Wood Elementary and encouraged folks to become involved.
Council Member Bailey stated she was looking forward to working with everyone, and
thanked City staff for helping get her up to speed.
Mayor Lehman thanked Council for selecting him to serve as Mayor for another two
year term; reported on a call he received thanking the Police Department for their
thoroughness in checking his home during his absence; and noted the tremendous win by
the Iowa Football team at the Outback Bowl.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn regular meeting at 9:10
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: January 14, 2004
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session/Retreat, January 8, 2004, 8:50 AM, at the Water Plant Community
Room
Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn
Staff: Atkins, Helling, Karr
Facilitator: Jim Swaim
Tapes: 04-05, Both Sides; 04-06, Both Sides; 04-07, Both Sides; 04-08, Side 1
(A complete transcription is available in the City Clerk's Office)
Jim Swaim facilitated the day long session. The following flip charts were developed as part of
the session:
FLIP CHART # 1
AM Agenda
I ntrod uctions
Warm up "Who is that"
Unconditional Positive Regard
Guidelines Workshop
Vision I
Lunch
FLIP CHART # 2
PM Agenda
Nap
Warm Up "What time is it"
Wall of Wonder
Vision II
Issues Workshop
Wrap Up
Council Work Session
January 8, 2004
Page 2
FLIP CHART # 3
Humanizes
Know Each
Laugh
Remember to listen
Not wanting some info shared/recorded
Open meetings can inhibit
Laugh at yourself
FLIP CHART # 4
(Successful)
Seen Heard Feelinqs
Respect "We" Empathy
Differences "How can?" Cooperation
Positive results Compassion
Something done Compromise
Team
Efficiency - not the end all
Enjoy differing
Contentious - inhibits -
doesn't feel good
listening is more than waiting for someone to be quiet
listening doesn't require agreement
reduce tension
openness
Your position on an issue Still respect the person
\ /
Don't take it personally
Mindful
Give each other time
Council Work Session
Januaw 8,2004
Page 3
FLIP CHART # 5
(Unsuccessful)
® last was most enjoyable
Seen Feelinqs Heard
Finger pointing Lack of respect Name calling
Elephant in the room "Faith on God"
Confusion - "What is going on here" Stupid
Frustration Anger Polarize
Resignation Sad
Grief
Terrible
FLIP CHART # 6
"Idea Board"
Take each other personaJly
Thou shall not condisend
I want to hear "why"
Listen thoughtfully and be respectful
Sensitive in openness
Let person speak before reacting
Thou shall not name call
Listen
FLIP CHART # 7 (initial)
"Pair" similar or related
[Group] "!"
Sensitive in Openness
Listen thoughtfully and be respectful
Listen
[Group] "="
Thou shall not name call
Thou shall not condisend
[Group] "triangle"
I want to hear "why"
Let person speak before reacting
[Group] "square"
Take each other personally
Council Work Session
Januaw 8,2004
Page 4
FLIP CHART # 7 (First regrouping)
"Pair" similar or related
[Group]"!"
Sensitive in Openness
Listen thoughtfully and be respectful
Listen
Respect assures success
[Group] "="
Thou shall not name call
Thou shall not condisend
[Group] "triangle"
I want to hear "why"
Let person speak before reacting
[Group] "square"
Take each other personally
Vote your conscience
Don't hold a grudge
Don't take public personally
Respect Council decisions
Team has no letter "1"
[Group] "star"
Eye Contact
Allow silent affirmation
Positive Negatism
Timing
Ignore Connie's Slip-less past
[Group] "hexagon"
Teach
Council Work Session
January 8, 2004
Page 5
FLIP CHART # 7 (Second regrouping)
"Pair" similar or related
[Group]"!"- RESPECT
Sensitive in Openness
Listen thoughtfully and be respectful
Listen
Respect assures success
[Group] "= "- DISRESPECT
Thou shall not name call
Thou shall not condisend
[Group] "triangle" -
I want to hear "why"
Let person speak before reacting
[Group] "square" - ACCEPTANCE
Take each other personally
Vote your conscience
Don't hold a grudge
Don't take public personally
Respect Council decisions
Team has no letter "1"
[Group] "star"- COMMUNICATION
Eye Contact
Allow silent affirmation
Positive Negatism
Timing
Ignore Connie's Slip-less past
[Group} "hexagon" - INFO X-CHANGE
Teach
Council Work Session
Janua~ 8,2004
Page 6
FLIP CHART # 7 (Third regrouping)
"Pair" similar or related
[Group]" ! "- RESPECT
Sensitive in Openness Acknowledge/Respect Others
Listen thoughtfully and be respectful Listen First
Listen Be honest
Respect assures success
[Group]" =" - DISRESPECT
Thou shall not name call
Thou shall not condisend
[Group] "triangle" -
I want to hear "why"
Let person speak before reacting Respect Councir Decisions
[Group] "square" - ACCEPTANCE
Take each other personally
Vote your conscience
Don't hold a grudge Empathy
Don't take public personally Achievement is collective
Respect Council decisions Be positive
Team has no Fetter "1" Don't take personally
[Group] "star"- COMMUNICATION
Eye Contact
Allow silent affirmation Take the time
Positive Negatism Be positive in message
Timing Be clear with your request
Ignore Connie's Slip-less past Eye contact with speaker
[Group} "hexagon" - INFO X-CHANGE
Teach Be informed
Allow exploration
Council Work Session
Janua~ 8,2004
Page 7
FLIP CHART # 7 (Fourth regrouping)
"Pair" similar or related
[Group]" ! "- RESPECTFUL INTERACTION
Sensitive in Openness Acknowledge/Respect Others
Listen thoughtfully and be respectful Listen First
Listen Be honest
Respect assures success
[Group]" = "- DISRESPECT
Thou shall not name call
Thou shall not condisend
[Group] "triangle" -
I want to hear "why"
Let person speak before reacting Respect Council Decisions
[Group] "square"-ACCEPTANCE - PLAY WELL WITH OTHERS
Take each other personally
Vote your conscience
Don't hold a grudge Empathy
Don't take public personally Achievement is collective
Respect Council decisions Be positive
Team has no letter "1" Don't take personally
[Group] "star" - COMMUNICATION - USE EFFECTIVE COMMUNICATION
Eye Contact
Allow silent affirmation Take the time
Positive Negatism Be positive in message
Timing Be clear with your request
Ignore Connie's Slip-less past Eye contact with speaker
[Group} "hexagon" - INFO X-CHANGE - INFORMED DECISION MAKING
Teach Be informed
Allow exploration
Council Work Session
Januaw 8,2004
Page 8
FLIP CHART # 7 (Final)
Informed Decision Making
Teach
Be informed
Allow exploration
I want to hear "why"
Use of Effective Communication
Eye contact when disagrees
Take the time
Positive Negatism
Timing
Allow silent affirmative
Be positive in message
Be clear in your request
Eye contact with speaker
Respectful Interaction
Sensitive in openness
Listen thoughtfully and be respectful
Listen
Thou shall not interrupt
Respect assures success
Acknowledge/Respect Others
Listen first
Be honest
Thou shall not condisend
Thou shall not name call
Play Well With Others
Team has no letter "1"
Respect Council decisions
Let person speak before
Don't take public seriously
Vote your conscience
Take each other personally
Don't hold a grudge
Be positive
Achievement is collective
Don't take it personally
Empathy
(Lunch)
Council Work Session
Januaw 8,2004
Page 9
FLIP CHART # 8
0-1700
1700-1839
1840-1920
City Napoleon
John Gilbert-
1920-1950
1st woman mayor west of Mississippi
1950-1960
Mike
Dee Bob
1960-1970
Sycamore Mall
Enzler's
Student Riots
Civil Rights Movement
Connie's slip
Ernie
Connie
Regenia
Marian
Dale
Wal-Mart
1970-1980
Urban Renewal
lC Charter
Change in windows at Iowa Book
Ped Mall
Prairie Lights
Neal Berlin
Jim
1980-1990
Library
New jail
Old Capitol Center
'86 - Steve Atkins
Ross
Council Work Session
JanuaW 8,2004
Page10
1990-1995
Building Recreational Facilities on East Side
Flood
1995-2000
Coral Ridge Mall
Whiteway Building
Penn Project
Shootings
Wind Storm
2000-2003
Rebirth of Sycamore Mall
Scott Blvd.
H20 Plant
Sewer Plant
Library
Tower Project
Starbucks
New water plant
[Map exercise - attachment on file with City Clerk]
FLIP CHART # 9
Trends Econ Development
Haven for Iow income Job Center
Moderation - of views Corridor
High income - generous TIF/Balance
in giving ~how if affects School District
People are attracted to prosperous Budget growth
Revenue sources for the City (no gambling) (decisions)
Collaboration --> w/County, other towns use of incentives
School's strong
CouncilWork Session
Januaw 8,2004
Page 11
FLIP CHART# 10
State issues Need an agenda
disconnected from City's
Start small
28E Agreements
Finance Critical
Federal Incentives
Transit / transportation - I
Fiscal Efficiency
Economic Development
Waste Management
Purchases - I
Fire & Police - IIII
-) regional training
Housing - I
Human Services
Humble (not haughty)
Small
RR x'ing
Neighborhood Arts
Neighborhood Conservation
Trail Connections
Traffic Signals
Turn Lanes
City Park Pool
Downtown Festivals
Better 4th of July
Holiday Decorations
Public perception / public relations
of services
Litter
CounciI Work Session
Janua~ 8,2004
Page 12
Flip Chart # 11
Telephone
E mail
Conversations
Write
Leave notes
Memos in packet
Public hearings
Work sessions
Formal meetings
Cell phones
Call Steve
Marian Staff have a boss
Eleanor
Staff in general
Takes 4 to ask for information
Make a list / set up a time to work the list
Wednesday staff meetings
1. "What did the Council do?"
2. Respect for staff
(they watch how you interact w/each other and w/Steve
FLIP CHART #12
Diads / Triads Humanized
Ice breaker / families tic-tac-toe
Confirming comm. Methods Map exercise
Wall of Wonder lunch (non-City related)
Better than we thought
Re assess what we do
Be relaxed
We are the Council
Meeting adjourned 3:25 PM.