HomeMy WebLinkAbout2004-03-02 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
MARCH 2, 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,
O'Mal.ley, Boelk. Council minutes tape recorded on Tape 04-23; Both Sides.
The Mayor proclaimed: Mental Retardation Awareness Month, Board President Jeff
Barta and Executive Director ARC Barbara Bolton, accepting; International Women's Month,
Karen Kubby, Executive Director of Emma Goldman Clinic, accepting.
The Mayor presented Outstanding Student Citizenship Awards to Grant Wood
Elementary students: Kyven Gadson, Alex Koch, Elizabeth Triplett.
Council Member Elliott welcomed a journalism class from the University of Iowa.
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. February 17, Special Work Session; February 17, Regular 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 Board of
Appeals - November 3, 2003; Iowa City Board of Adjustment - December 10, 2003;
Senior Center Commission - December 15, 2003; Iowa City Airport Commission -
January 8, 2004; Parks and Recreation Commission - January 14, 2004; Iowa City
Public Library - January 22, 2004; Housing and Community Development Commission
- January 15, 2004
Recommendation to Council: Recaptured Funds Policy: Unsuccessful or
Delayed Projects Policy-Hayek said that last month the Commission made a few
changes to paragraph one of the policy.
Planning and Zoning Commission: January 15, 2004
Recommendations to Council: Recommended approval, by a vote of 7-0, to
amend the Zoning Code as follows: Delete the following paragraph from
subsection 14-6E-1C. Provisional Uses: 2. Religious institutions, subject to the
requirements of Article L of this chapter." Add the following paragraph to
subsection 14-6E-1D. Special Exceptions: 6. Religious Institutions: (The
remaining paragraphs in subsection 14-6E-1D should be renumbered
accordingly.).
Telecommunications Commission: January 26, 2004.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals: 1. Class C Liquor License for Okoboji lC, LLC, dba Okoboji Grill, 1857
Lower Muscatine Rd.; Outdoor Service Area for Okoboji lC, LLC, dba Okoboji Grill,
1857 Lower Muscatine Rd.; Class C Beer Permit for Deli Mart Corp., dba Deli Mart #2,
1920 Lower Muscatine Rd.
Complete Description
March 2, 2004
Page 2
Motions: approve disbursements in the amount of $11,714,042.41 for the period
of January 1 through January 31,2004 as recommended by the Finance Director
subject to audit.
Setting Public Hearings: RES. 04-54, INTENT TO CONVEY TWENTY FOOT
WIDE BY EIGHT HUNDRED TWENTY FOOT LONG PARCEL OF PROPERTY
LOCATED WITHIN LOT 3, RUPPERT HILLS SUBDIVISION, TO TAYCAL, IOWA
LTD., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH
16, 2004. RES. 04-55, SETTING A PUBLIC HEARING for March 16, 2004, ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT
(STP-E-3715(624)--8V-52), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION. RES. 04-56, FIXING DATE FORA MEETING
ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $18,150,000
SEWER REVENUE REFUNDING BONDS OF IOWA CITY, IOWA AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF. RES. 04-57, FIXING DATE FOR A
MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$17,000,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF IOWA CITY, IOWA AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF. RES. 04-58, AUTHORIZING MAILING AND
PUBLICATION OF NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT
PROJECT TO CONSTRUCT SEGMENT A OF THE CAMP CARDINAL ROAD
PROJECT AND TO ACQUIRE PROPERTY FOR THIS SEGMENT OF THE
PROJECT; AND SETTING DATE OF PUBLIC HEARING for April 6, 2004.
Resolutions: RES. 04-59, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE
OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LUBIN TRUST,
AND MOTIF, LTD. D/B/A BO-JAMES FOR A SIDEWALK CAFI~.
Correspondence: JCCOG Traffic Engineering Planner regarding - Removal of
NO PARKING 8 A.M.-5 P.M. MON-FRI signs and installation of 2 HR LIMIT PARKING
8 A.M.-5 P.M. MON-FRI signs on the west side of Mullin Avenue between Highwood
Street and River Street; JCCOG Traffic Engineering Planner regarding Installation of
HANDICAP PARKING in the 800 bloCk of 3rd Avenue; JCCOG Traffic Engineering
Planner regarding Renewal of three cab stations located in the 400 block of College
Street and one cab stand on South Linn Street. Installation of a new parking meter
number C411 E, 2-hour time limit at 40 cents per hour in the 400 block of College Street
where one cab station will not be renewed; JCCOG Traffic Engineering Planner
regarding Installation of NO PARKING CORNER TO HERE signs on the north side of
Iowa Avenue approximately 25' west of the intersection with Dodge Street and on the
west side of N. Summit Street approximately 25' south of the intersection with Dewey
Street; JCCOG Traffic Engineering Planner regarding Installation of two NO PARKING
ANY TIME signs on the north side of Cross Park Avenue between Keokuk Street and
the second driveway to the east; The Shelter House - Donna Hirst, Nate Steele;
Riverside Theatre - Carolyn Cavitt, Claire Joseph; Melvin Rivers regarding Hate Crime
[staff response included]; Caroline Dieterle regarding Conviction of Protestors in Texas;
Complete Description * Revised 3/17/04
March 2, 2004
Page 3
Patricia N. Ephgrave regarding Serving our Senior Citizens; Bruce Titus, Carlos
O'Kelly's General Manager regarding Non-Smoking Ordinance; Jean Walker regarding
Hope Lodge and Preservation of the Melrose Avenue Neighborhood.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the Mayor declared the motion carried.
Moved by Vanderhoef, seconded by Wilburn, that ordinance amending the zoning code
regarding requirements for Religious Institutions in the Commercial Office (CO-1) zone (The
Church of Iowa City), be given second vote. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried.
Moved by O'Donnell, seconded by Champion, that ORD. 04-4112, 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, EXCLUDING 301 SOUTH DUBUQUE STREET, be passed and
adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the ordinance adopted.
Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4113, VACATING A
PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE, be
passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the ordinance adopted.
Moved b~, Champion, seconded by O'Donnell, to defer to March 16 a resolution
approving the final plat of Galway Hills, Part 9 and a resolution approving the final plat of
Galway Hills, Part 8. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-60, APPROVING
THE FINAL PLAT OF WINDSOR RIDGE, PART 19B. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on plans, specifications, form of contract, and estimate of
cost for construction of the 2004 Asphalt Resurfacing Project, establishing amount of bid
security to accompany each bid, directing City Clerk to publish advertisement for bids, and
fixing time and place for receipt of bids. No one appeared.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 04-61, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held or~ a resolution authorizing conveyance of 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 their
conveyance to the city of a 44 square foot parcel of private property located at the intersection
of Grove Street and Beldon Avenue. No one appeared.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-62, AUTHORIZING
CONVEYANCE OF A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY
LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE
Complete Description
March 2, 2004
Page 3
Patricia N. Ephgrave regarding Serving our Senior Citizens; Bruce Titus, Carlos
O'Keliy's General Manager regarding Non-Smoking Ordinance; Jean Walker regarding
Hope Lodge and Preservation of the Melrose Avenue Neighborhood.
Affirmative roil call vote unanimous, 7/0, all Council Members present. The Mayor declared
the May~r declared the motion carried.
Mo'~ed by Vanderhoef, seconded by Wilburn, that ordinance amending the zoning code
regarding rbq. uirements for Religious Institutions in the Commercial Office (CO-1) zone (The
Church of Io ,v~City), be given second vote. Affirmative roll call vote unanimous, 7/0, all
Council Membe~ present. The Mayor declared the motion carried.
Moved by ~Donnell, seconded by Champion, that ORD. 04-41
APPROXIMATELY'k1..26-ACRES OF PROPERTY FROM CENTRAL SUPPORT
ZONE (CB-5) TO Pt.J~LIC/CENTRAL BUSINESS SUPPORT ZON~ ) FOR THE
EAST HALF OF BLOCI~ 102, EXLUDiNG 301 SOUTH DUBUQUE/ be passed and
adopted. Affirmative roll b~ll vote unanimous, 7/0, all Council M,e/m[ present. The Mayor
declared the ordinance adb0ted.
Moved by O'Donnell, 'seconded by Vanderhoef, that,( )'RD. 04-4113, VACATING A
PORTION OF THE RIGHT-O~.-WAY LOCATED ADJACE,¢4 I' TO 425 BELDON AVENUE, be
passed and adopted. Affirmativ~oll call vote unanimou.~', 7/), all Council Members present.
The Mayor declared the ordinanc6%adopted.
Moved by Champion, secon~d by O'Donnel /to defEr to March 16 a resolution
approving the final plat of Galway Hil~, Part 9 an¢ resolut on approving the final plat of
Galway Hills, Part 8. The Mayor declarbd the carried unanimously, 7/0, all Council
Members present.
Moved by Vanderhoef, seconded to adopt RES. 04-60, APPROVING
THE FINAL PLAT OF WINDSOR RIDGE 19B. Affirmative roll call vote unanimous,
7/0, all Council Members present. The M~ ;clared the resolution adopted.
A public hearing was held on pla ications, form of contract, and estimate of
cost for construction of the 2004 A.~ ResurfaCi~g Project, establishing amount of bid
security to accompany each bid, dir I City Clerk~o publish advertisement for bids, and
fixing time and place for receipt of,,l~ No one appe~ed.
Moved by Wilburn, sE conCf~d O'Donnell, to a~opt RES. 04-61, APPROVING
PLANS, SPECIFICATIONS, F~I~M CONTRACT, ANI~ ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 04 Al ALT RESURFACII~G PROJECT, ESTABLISHING
AMOUNT OF BID SECURI TO ,~ OMPANY EACH BIDkDIRECTING CITY CLERK TO
PUBLISH ADVERTISEM FOR BIDS, AND FIXING TIME,ND PLACE FOR RECEIPT OF
BIDS. Affirmative unanimous 7/0 all Council Members present. The Mayor
declared the resolutio \
A public hear/i~ was held on a resolution authorizing conve~nce of a vacated portion
of the Grove Stree~Ri! ht-of-Way located westedy along the north pro'lo, erty line of 425 Beldon
Avenue to Paul ~d J~)an Burns, owners of 425 Beldon Avenue, in exchtange for their
conveyanc ~ to/the city of a 44 square foot parcel of private property located at the intersection
of Grove S Ir~)4~t and Beldon Avenue. No one appeared.
Mol,ed by Vanderhoef, seconded by Champion, to adopt RES. 04-6~, AUTHORIZING
CONVEY,~ NCE OF A VACATED PORTION OF THE GROVE STREET RIGI-~T-OF-WAY
LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELb~N AVENUE
Complete Description
March 2, 2004
Page 4
TO PAUL AND JOAN BURNS, OWNERS OF 425 BELDON AVENUE, IN EXCHANGE FOR
THEIR CONVEYANCE TO THE CITY OF A 44 SQUARE FOOT PARCEL OF PRIVATE
PROPERTY LOCATED AT THE INTERSECTION OF GROVE STREET AND BELDON
AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held on 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. No one appeared.
Moved by Champion, seconded by Bailey, that the revised ordinance 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. 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 Elliott, seconded by Champion, that 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, "Stormwater Collection, Discharge and Runoff," to
create a Stormwater Utility and establish a Stormwater Utility Fee, be passed and adopted.
The Mayor declared the ordinance defeated unanimously, 0/7, all Council Members present.
Moved by Vanderhoef, seconded by Bailey, that 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, be given second vote. Individual Council Members expressed their views. The
following individuals appeared: Caroline Dieterle, Walnut Street; Peter Hansen, 1203
Cambria Ct.; and Evan Fales, 1215 Oakcrest. 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 accept correspondence from Caroline Dieterle and Eric Fisher. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Vanderhoef, that ordinance amending Title 4,
entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," and Title
10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds" to allow for
the sale, possession, and consumption of beer and wine under limited circumstances in a City
Complete Description
March 2, 2004
Page 5
Park, on public right-of-way, or on a City ground, excluding City buildings, pursuant to a
written agreement with the city, as amended by Council discussion on March 1, be given first
vote. The City Attorney outlined changes made in the ordinance after Council discussion at
their work session of March 1. Emma Mills, 1121 - 4th Avenue, appeared. The Mayor
declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Bailey,
Champion, Elliott, O'Donnell, Vanderhoef, Wilbum. Nays: Lehman. Absent: None. Moved by
Wilburn, seconded by Vanderhoef, to accept correspondence from Mark Evans. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 04-63, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO LISTING AGREEMENTS
WITH KEVIN HANICK OF LEPIC-KROEGER REALTORS TO LIST FOR LEASING THE
COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-64, ADOPTING THE
ANNUAL BUDGET EXCLUDING HUMAN SERVICES AID TO AGENCIES FOR THE
FISCAL YEAR ENDING JUNE 30, 2005. Moved by Bailey, seconded by Champion, to
amend the budget by removing $10,000 from the Airport budget. Individual Council Members
expressed their views. The Mayor declared the motion to amend carried unanimously, 7/0, all
Council Members present. Lyle Deeds, Iowa City Fire Fighter, appeared. Affirmative roll call
vote unanimous on the amended resolution, 7/0, all Council Members present. The Mayor
declared the amended resolution adopted.
Mayor Pro rem Wilburn left meeting due to a conflict of interest.
Moved by Vanderhoef, seconded by Bailey, to adopt RES. 04-65, ADOPTING THE
ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR
ENDING JUNE 30, 2005. Moved by Champion, seconded by Bailey, to take the $10,000
reduced from the Airport budget and put in Human Services Funding. Individual Council
Members expressed their views. The Mayor declared the motion to amend defeated, 2/4, with
the following show of hands: Ayes: Champion, Bailey. Nays: Elliot[, Lehman, O'Donnell,
Vanderhoef. Absent: Wilburn. Affirmative roll call vote unanimous, 6/0, Wilbum absent. The
Mayor declared the resolution adopted.
Mayor Pro tern Wilburn returned to the meeting.
Moved by Champion, seconded by Wilburn, to adopt RES. 04-66, APPROVING THE
FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2005
THROUGH 2007 AND THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM
THROUGH FISCAL YEAR 2008. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 04-67, NAMING A NEW
NEIGHBORHOOD PARK "BENTON HILL PARK". Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn left meeting due to a conflict of interest.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-68, RESCINDING
RESOLUTION 03-74 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION
AMENDING THE POLICY FOR THE RECAPTURE OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME)
Complete Description
March 2, 2004
Page 6
FUNDS. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the
resolution adopted.
Mayor Pro tem Wilburn returned to the meeting.
Moved by Elliott, seconded by Bailey, to make the following appointments to Board and
Commissions: appoint Carl Williams, 15 S 7th Avenue, to the Airport Commission to fill a six-
year term March 1, 2004 - March 1,2010; appoint Dorothy Maher, 836 West Side Drive, to
the Civil Service Commission to fill a four-year term April 5, 2004 - April 7, 2008; re-appoint
James Pronto the to the Historic Preservation Commission Brown Street District Rep, to fill a
three-year term March 29, 2004 - March 29, 2007; re-appoint Michael Gunn to the Historic
Preservation Commission Summit Street District Rep, to fill three-year terms March 29, 2004
- March 29, 2007; The Historic Preservation appointment to fill a at-large three year term
March 13, 2004 - March 13, 2007 is deferred to March 16; re-appoint Brett Castillo to the
Telecommunications Commission to fill a three year term March 13, 2004 - March 13, 2007.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from John
Krstenansky, Michael Maharry and Lowell Soike of the State Historical Society. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
The Mayor noted the previously-announced vacancies: Airport Zoning Commission to
fill a six-year term January 1, 2004 - December 31, 2009; Airport Commission to fill an
unexpired term ending March 31,2007; Airport Zoning Brd of Adjustment to fill an unexpired
plus a five-year term ending December 31,2008; Historic Preservation Commission to fill a
vacancy (Woodlawn District Representative) for a three-year term March 29, 2003 - March
29, 2006; Parks and Recreation Commission fill an unexpired term ending January 1,2006.
Applications must be received by 5:00 p.m., Wednesday, March 10, 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.]
Council Member EIliott complimented staff and the previous Council for putting together
the three year budget a year ago, and reiterated his desire for a timeframe for fire and police
protection issues; and welcomed University of Iowa journalism classes.
Council Member Champion thanked the Mayor for the International Women's Month
proclamation, noting the strides made by women in her personal family.
Council Member Vanderhoef seconded the comments made by Council Member
Champion.
Mayor Pro tern Wilburn reminded the community the Table to Table annual banquet
and fundraiser scheduled for March 7; and congratulated those who participated in the Black
Law Student Association's oratory competition
Council Member Bailey echoed comments made by Council Member Champion, and
encouraged promotion of gender equality in our state.
Mayor Lehman reported at his attendance at the jump rope event for the American
Heart Association held at the University Recreation Building; and reported on his recent trip to
Washington, D.C. promoting the Technology Corridor concept.
Moved by O'Donnell, seconded by Elliott, to adjourn meeting at 8:40 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Complete Description
March 2, 2004
Lehman, Mayor
Madan K. Karr, City Clerk
Date: February 17, 2004
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, February 17, 2004, 6:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn
Staff: Atkins, He~ling, Dilkes, Franklin, Karr
Tapes: 04-19, Side 2
(A complete transcription is available in the City Clerk's Qffice)
PLANNING & ZONING ITEMS
PCD Director Franklin presented information on the following items:
A. AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS
INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-1) ZONE (The Church of Iowa City).
B. 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. (REZ03-00028) (SECOND CONSIDERATION)
Court Street Transportation Center)
C. ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT
TO 425 BELDON AVENUE. (VAC03-00004) (SECOND CONSIDERATION)
D. 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.
(REZ03-00027) (DEFERRED FROM 2~3) (PASS AND ADOPT)
PCD Director Franklin stated the City had received verbal approval for the Wetland
Compensatory Mitigation Plan from the Corps and recommended approval.
E. RESOLUTION APPROVING THE PRELIMINARY PLAT OF J JR DAVIS ADDITION,
IOWA CITY, IOWA (DEFERRED FROM 2/3) (SUB03-00027)
See previous item.
Council Work Session
February 17, 2004
Page 2
F. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SANDHILL ESTATES, IOWA
CITY, IOWA (SUB03-00028)
AGENDA ITEMS
1. (item # 14 - Resolution authorizing the acquisition ... 925 Washington Street ...) Council
Member Elliott stated he had to refer to a dictionary for the definition for "jury rigged"
contained in the comment.
2. (Consent Calendar # 5g(4) - Kyle Bingham, Stephanie Peck ..... Safe Zone for Kids) Council
Member Vanderhoef referenced the letter regarding the Mercer Park skate board equipment
being less than friendly for young and beginners skaters, and expressed interest in doing
something at Mercer. Council Member Champion expressed concerns regarding doing
something on west side as well. Staff will ask for refer the item to the Parks & Recreation
Commission for a recommendation.
3. (Item # 14 - Resolution authorizing the acquisition ... 925 Washington Street ...) In
response to Council Member Elliott, City Atty. Dilkes stated that state statute does provide a
method to recoup costs for municipal infractions but when condemning property the
Condemnation Commission will make an award and the City must resell it for the residential,
property amount awarded.
4. (Consent Calendar # 5g(12) - Tim Fitzgerald ... abandoned car shop) In response to Council
Member Vanderhoef, staff agreed they were not familiar with the streets names (Wycome
Road and Stratford Road) and will follow up with the individual.
5. (item # 10 - Ordinance .., amending Title 10 ... "Use of Public Ways and Property" ...)
Council Member Bailey indicated she had received a number of calls regarding the
proposed ordinance and would wait until the formal meeting to ask questions.
COUNCIL TIME
None
Meeting adjourned 6:43 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 - 2/17/04
Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Pro tem Wilburn presiding.
Council Members present: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent:
Lehman.
The Mayor Pro tem proclaimed: March Special Olympics Month, Joyce Rosie, Member of
Board of Director's accepting along with Special Olympians Jared Countryman, Chris Hartgrave,
Richard Huffman, Charlie Thompson, Brandon Clark, Gary Anderson, Derick Hotka, Eliana Fieldman,
and Coach John Meskimen; March Red Cross Month, Dr. Klm Johnson, Board Member accepting.
The Mayor Pro tern presented Outstanding Student Citizenship Awards to Regina Elementary
students: Tom Harney, John Crompton, Kristen Gaffey.
Dan Lovett, Vice President of H.R. Green Company, presented framed aerial picture of the new
City Water Plant to the City as a token of appreciation; Mid American Energy Manager of Energy
Efficiency Rick Leuthauser presented a rebate check of $113,713 to the City for installation of high-
efficient equipment at the water treatment plant. Kevin Slutts, Assistant Water Superintendent, thanked
Mid American for alerting the City to the rebates and their assistance throughout the project.
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.
January 27 Special Council Work Session; February 2, Regular Council Work Session;
February 2, Special Council Formal Official and Complete; February 3, Regular Council Formal
Official and Complete; February 5, 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 Public Library: December 18,
2003; Public Art Advisory Committee: January 8, 2004; Police Citizens Review Board: January
13, 2004.
Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class
C Liquor License for R.T.'s, 826 S. Clinton St. Outdoor Service Area for R.T.'s, 826 S. Clinton
St. Class C Liquor License for El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. Special
Class C Liquor License for Seoul Garden, 415 S. Gilbert St. Special Class C Liquor License for
Devotay, 117 N. Linn St. Class B Beer Permit Godfather's Pizza, 531 Hwy 1 West. Class C
Beer Permit for Fareway Stores, Inc. #034, 2765 Commerce Dr. Class E Liquor License for Hy-
Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. Class E Liquor License for Hy-
vee Food Store #2, 812 S. First Ave. Class E Liquor License for Hy-Vee #3, 1201 N. Dodge St.
Special Class C Liquor License for Thai Spice Restaurant, 1210 S. Gilbert St. RES. 04-37, TO
ISSUE DANCE PERMIT to R.T.'s, 826 S. Clinton St.
Motions: approve disbursements in the amount of $10,236,084.27 for the period of
December 1 through December 31, 2003, as recommended by the Finance Director subject to
audit.
Setting Public Hearings: RES. 04-38, SETTING A PUBLIC HEARING for March 2,
2004, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT,
DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES.
04-39, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO
Official Actions
February 17, 2004
Page 2
COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SOUTH
GILBERT STREET IMPROVEMENTS PROJECT, NAPOLEON LANE TO CITY LIMITS AND
TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC
HEARING for April 6, 2004. Set a public hearing on March 16, 2004, on the City of Iowa City
FY2005 Iowa Department of Transportation Consolidated Transit Funding application and
authorizing the publication of a notice of said hearing.
Resolutions: RES. 04-40, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, THE MOEN GROUP AND
TERRAPIN BREWERY, INC. D/B/A TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK
CAFI~. RES. 04~41, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE TEMPORARY 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 CAF~ RES. 04-42, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE 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
CAF~. RES. 04-43, ACCEPTING THE WORK FOR THE ANIMAL SHELTER HVAC
PROJECT: PHASE II. RES. 04-44, 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 PROPERTY
LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO
PARKING BETWEEN SIGNS with arrow signs in the 1000 block of E. Bloomington Street; Don
Sanders regarding Budget Observations; Sonia Ettinger regarding Iowa City Public
Library/Planning Commission; Safe Zone for Kids: Kyle Bingham, Stephanie Peck; Riverside
Theatre/City Park: Terry Dunlap, Marianne K. Michael; Jean Tack regarding Heritage Manor
Apartments; Snow removal: Bev Platz[staff response included], Stephen J. Radosevich; Jay
and Mary Honeck, Alexis Park Inn & Suites regarding Excess Noise by City Equipment and
Personnel; Tom Schnell regarding Airport Commission Meeting; Glenn R. Siders regarding
Compliments to Council Regarding Sandhill Estates; Marty Cutter, Don W. Maniccia; HACAP:
HACAP withdrawal of the FY-05 Funding Request; Tim Fitzgerald regarding Abandoned Car
Shop.
The Mayor Pro tem declared the motion carried.
A public hearing was held amending the zoning code regarding requirements for Religious
Institutions in the Commercial Office (CO-1) Zone.
Moved and seconded that the ordinance amending the zoning code regarding requirements for
Religious Institutions in the Commercial Office (CO-1), be given first vote. The Mayor Pro tern declared
the motion carried.
Moved and seconded that the 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, be given second vote. The
Mayor Pro tern declared the motion carried.
Moved and seconded that the ordinance vacating a portion of the right-of-way located adjacent
to 425 Beldon Avenue, be given second vote. The Mayor Pro tern declared the motion carried.
Moved and seconded that ORD. 04-4111, 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, be
passed and adopted.
Official Actions
February 17, 2004
Page 3
Moved and seconded to adopt RES. 04-45, APPROVING THE PRELIMINARY PLAT OF J JR
DAVIS ADDITION, IOWA CITY, IOWA..
Moved and seconded to adopt RES. 04-46, APPROVING THE PRELIMINARY PLAT OF
SANDHILL ESTATES, IOWA CITY, IOWA.
A public hearing was held on conveyance of a single family home located at 1927 Grantwood
Street to a Public Housing Program Tenant.
Moved and seconded to adopt RES. 04-47, AUTHORIZING CONVEYANCE OF A SINGLE
FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A PUBLIC HOUSING PROGRAM
TENANT.
A public hearing was held on conveyance of the west one-half of a twenty foot wide by eighty
foot long vacated portion of the alley located between Lots 4 and 5, Block 15, County Seat Addition,
adjacent to 729 South Capitol Street, to Eagle View Properties, LLC.
Moved and seconded to adopt RES. 04-48, AUTHORIZING CONVEYANCE OF THE WEST
ONE-HALF OF A TWENTY FOOT WIDE BY EIGHTY FOOT LONG VACATED PORTION OF THE
ALLEY LOCATED BETWEEN LOTS 4 AND 5, BLOCK 15, COUNTY SEAT ADDITION, ADJACENT TO
729 SOUTH CAPITOL STREET, TO EAGLE VIEW PROPERTIES, LLC.
Moved and seconded that the 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, be given second vote. Moved and seconded to amend the
ordinance to delete language that requires as part of the application that you include the names of the
entertainers or speakers. The Mayor Pro tern declared the motion to amend carried. Caroline Dieterle
appeared. After discussion, original motion for second consideration withdrawn. Moved and seconded
that the amended ordinance be given first vote. The Mayor Pro tern declared the motion carried.
Moved and seconded to adopt RES. 04-49, SETTING A PUBLIC HEARING FOR MARCH 2,
2004 ON A revised ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION &
FEES," CHAPTER 4, AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE,"
CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS," SECTION 14-3A-2,
"DEFINITIONS," AND SECTION 14-3A-4, "RATES AND CHARGES FOR CITY UTILITIES" AND;
AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY
UTILITIES," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY
FEE.
Moved and seconded to defer to March 2 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, "Stormwater Collection, Discharge and Runoff," to create a Stormwater Utility and establish
a Stormwater Utility Fee. The Mayor Pro tem declared the motion carried.
Moved and seconded to adopt RES. 04-50, AMENDING THE BUDGETED POSITIONS IN
THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING ONE
HALF-TIME AND ONE THREE-QUARTER TIME CASHIER POSITIONS.
Moved and seconded to adopt RES. 04-51, AUTHORIZING THE ACQUISITION OF
PROPERTY LOCALLY KNOWN AS 925 WASHINGTON STREET, WHICH IS A PUBLIC NUISANCE,
FOR THE PURPOSE OF ABATING THE NUISANCE.
Moved and seconded to adopt RES. 04-52, ADOPTING THE MELROSE AVENUE/GRAND
AVENUE TRAFFIC OPERATIONS STUDY FINAL REPORT.
Official Actions
February 17, 2004
Page 4
Moved and seconded to grant a 60-day extension to the Police Citizens Review Board for the
filing of the public report with the City Council on Complaint #03-13. The Mayor Pro tem declared the
motion carried.
Moved and seconded to approve Continuing Disclosure Certificate relative to issuance of
$7,305,000 General Obligation Bonds. The Mayor Pro tern declared the motion carried.
Moved and seconded to adopt RES. 04-53, AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, AND
LEVYING A TAX TO PAY SAID BONDS.
The Mayor noted the previously-announced vacancies: 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, to fill three-year terms March 29, 2004 - March 29, 2007;
Telecommunications Commission to fill a three-year term March 13, 2004 - March 13, 2007.
Applications must be received by 5:00 p.m., Wednesday, February 25, 2004. New vacancies: Airport
Zoning Commission to fill a six-year term January 1, 2004 - December 31, 2009; Airport Commission
to fill an unexpired term ending March 31, 2007; Airport Zoning Brd of Adjustment to fill an unexpired
plus a five-year term ending December 31, 2008; Historic Preservation Commission for 0Noodlawn
District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Parks and
Recreation Commission to fill an unexpired term ending January 1, 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.]
Applications must be received by 5:00 p.m., Wednesday, March 10, 2004.
Moved and seconded to adjourn meeting at 8:20 p.m. The Mayor Pro tern 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/Ross Wilburn, Mayor Pro tem
s/Marian K. Karr, CityjC)lerk~z~ ,
Submitted for publication - 2/23/04.
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
FEBRUARY 17, 2004
Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Pro tem Wi[burn presiding.
Council Members present: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent:
Lehman. Staff Members present: Atkins, Helling, Dilkes, Karr, Franklin, Slutts, Fosse, Boelk, Dulek,
O'Malley, Bradbury. Council minutes tape recorded on Tape 04-21, Both Sides.
The Mayor Pro tern proclaimed: March Special Olympics Month, Joyce Rosie, Member of
Board of Director's accepting along with Special Olympians Jared Countryman, Chris Hadgrave,
Richard Huffman, Charlie Thompson, Brandon Clark, Gary Anderson, Derick Hotka, Eliana Fieldman,
and Coach John Meskimen; March Red Cross Month, Dr. Kim Johnson, Board Member accepting.
The Mayor Pro tem presented Outstanding Student Citizenship Awards to Regina Elementary
students: Tom Harney, John Crompton, Kristen Gaffey.
Dan Lovett, Vice President of H.R. Green Company, presented framed aerial picture of the new
City Water Plant to the City as a token of appreciation; Mid American Energy Manager of Energy
Efficiency Rick Leuthauser presented a rebate check of $113,713 to the City for installation of high-
efficient equipment at the water treatment plant. Kevin Slutts, Assistant Water Superintendent, thanked
Mid American for alerting the City to the rebates and their assistance throughout the project.
Moved by Vanderhoef, seconded by Bailey, 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 27 Special Council Work Session; February 2, Regular Council Work Session;
February 2, Special Council Formal Official and Complete; February 3, Regular Council Formal
Official and Complete; February 5, 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 Public Library: December 18,
2003; Public Ad Advisory Committee: January 8, 2004; Police Citizens Review Board: January
13, 2004.
Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class
C Liquor License for R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Outdoor Service Area for
R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Class C Liquor License for El Ranchero, Inc.,
dba El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. Special Class C Liquor License
for EKSY, Ltd., dba Seoul Garden, 415 S. Gilbert St. Special Class C Liquor License for
Devotay, Inc., dba Devotay, 117 N. Linn St. Class B Beer Permit for Stuff Corp., dba
Godfather's Pizza, 531 Hwy I West. Class C Beer Permit for Fareway Stores, Inc., dba
Fareway Stores, Inc. #034, 2765 Commerce Dr. Class E Liquor License for Hy-Vee, Inc., dba
Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. Class E Liquor License for
Hy-Vee, Inc., dba Hy-Vee Food Store #2, 812 S. First Ave. Class E Liquor License for Hy-Vee,
inc., dba Hy-Vee #3, 1201 N. Dodge St. Special Class C Liquor License for Chansy
Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert St. RES. 04-37, TO ISSUE DANCE
PERMIT to R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St.
Motions: approve disbursements in the amount of $10,236,084.27 for the period Of
December I through December 31,2003, as recommended by the Finance Director subject to
audit.
Setting Public Hearings: RES. 04-38, SETTING A PUBLIC HEARING for March 2,
2004, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT,
DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
Complete Description
February 17, 2004
Page 2
THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES.
04-39, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO
COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SOUTH
GILBERT STREET IMPROVEMENTS PROJECT, NAPOLEON LANE TO CITY LIMITS AND
TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC
HEARING for April 6, 2004. Set a public hearing on March 16, 2004, on the City of Iowa City
FY2005 Iowa Department of Transportation Consolidated Transit Funding application and
authorizing the publication of a notice of said hearing.
Resolutions: RES. 04-40, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, THE MOEN GROUP AND
TERRAPIN BREWERY, INC. D/B/A TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK
CAFI~. RES. 04-41, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE TEMPORARY 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. 04-42, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE 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. 04-43, ACCEPTING THE WORK FOR THE ANIMAL SHELTER HVAC
PROJECT: PHASE II. RES. 04-44, 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 PROPERTY
LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO
PARKING BETWEEN SIGNS with arrow signs in the 1000 block of E. Bloomington Street; Don
Sanders regarding Budget Observations; Sonia Ettinger regarding Iowa City Public
Library/Planning Commission; Safe Zone for Kids: Kyle Bingham, Stephanie Peck; Riverside
Theatre/City Park: Terry Dunlap, Marianne K. Michael; Jean Tack regarding Heritage Manor
Apartments; Snow removal: Bev Platz[staff response included], Stephen J. Radosevich; Jay
and Mary Honeck, Alexis Park Inn & Suites regarding Excess Noise by City Equipment and
Personnel; Tom Schnell regarding Airpod Commission Meeting; Glenn R. Siders regarding
Compliments to Council Regarding Sandhill Estates; Marty Cutter, Don W. Maniccia; HACAP:
HACAP withdrawal of the FY-05 Funding Request; Tim Fitzgerald regarding Abandoned Car
Shop.
Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion
carried.
A public hearing was held amending the zoning code regarding requirements for Religious
Institutions in the Commercial Office (CO-1) Zone (The Church of Iowa City). No one appeared.
Moved by O'Donnell, seconded by Champion, that the ordinance amending the zoning code
regarding requirements for Religious Institutions in the Commercial Office (CO-1) (The Church of Iowa
City), be given first vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem
declared the motion carried.
Moved by Champion, seconded by Vanderhoef, that the 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), be given second vote. Affirmative roll call vote unanimous, 6/0,
Lehman absent. The Mayor Pro tem declared the motion carried.
Complete Description
February 17,2004
Page 3
Moved by O'Donnell, seconded by Bailey, that the ordinance vacating a portion of the right-of-
way located adjacent to 425 Beldon Avenue, be given second vote. Affirmative roll call vote
unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion carried.
Moved by Champion, seconded by Vanderhoef, that ORD. 04-4111, 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 (J JR Davis Addition), be passed and adopted. Affirmative roll call vote
unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the ordinance adopted.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-45, APPROVING THE
PRELIMINARY PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA. Affirmative roll call vote
unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-46, APPROVING THE
PRELIMINARY PLAT OF SANDHILL ESTATES, IOWA CITY, IOWA. Affirmative roll call vote
unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted.
A public hearing was held on conveyance of a single family home located at 1927 Grantwood
Street to a Public Housing Program Tenant. No one appeared.
Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-47, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A
PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 6/0, Lehman absent.
The Mayor Pro tern declared the resolution adopted.
A public hearing was held on conveyance of the west one-half of a twenty foot wide by eighty
foot long vacated portion of the alley located between Lots 4 and 5, Block 15, County Seat Addition,
adjacent to 729 South Capitol Street, to Eagle View Properties, LLC. No one appeared.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-48, AUTHORIZING
CONVEYANCE OF THE WEST ONE-HALF OF A TWENTY FOOT WIDE BY EIGHTY FOOT LONG
VACATED PORTION OF THE ALLEY LOCATED BETWEEN LOTS 4 AND 5, BLOCK 15, COUNTY
SEAT ADDITION, ADJACENT TO 729 SOUTH CAPITOL STREET, TO EAGLE VIEW PROPERTIES,
LLC. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the
resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, that the 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, be given second vote.
Individual Council Members expressed their view. City Atty. Dilkes to questions. Moved by Champion,
seconded by Bailey, to amend the ordinance to delete language that requires as part of the application
that you include the names of the entertainers or speakers. The Mayor Pro tern declared the motion to
amend carried, 5/1, with the following show of hands: Ayes: Bailey, Champion, Elliott, O'Donnell,
Wilburn. Nays: Vanderhoef. Absent: Lehman. Caroline Dieterle appeared. After discussion, original
motion for second consideration withdrawn. Moved by Champion, seconded by Elliott, that the
amended ordinance be given first vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The
Mayor Pro rem declared the motion carried.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-49, SETI-ING A PUBLIC
HEARING FOR MARCH 2, 2004 ON A revised ORDINANCE AMENDING TITLE 3 ENTITLED "CITY
FINANCES, TAXATION & FEES," CHAPTER 4, AMENDING TITLE 14 ENTITLED "UNIFIED
DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS,"
SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND CHARGES FOR CITY
UTILITIES" AND; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3,
"CITY UTILITIES," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER
Complete Description
February 17, 2004
Page 4
UTILITY FEE. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared
the resolution adopted.
Moved by Vanderhoef, seconded by Bailey, to defer to March 2 the ordinance amending Title 3
entitled "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds,
Fines, and Pena~fies"; 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 Utilifies, Article G, "Stormwater Collection, Discharge and Runoff," to create a Stormwater Utility
and establish a Stormwater Utility Fee. The Mayor Pro tern declared the motion carried unanimously,
6/0, Lehman absent.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-50, AMENDING THE
BUDGETED POSITIONS IN THE PARKING DIVISION OF THE PARKING AND TRANSIT
DEPARTMENT BY ADDING ONE HALF-TIME AND ONE THREE-QUARTER TIME CASHIER
POSITIONS. Council Member Champion requested the City investigate utilization of machines and
credit or debt cards versus staffing attendants. City Manager will follow up. Affirmative roll call vote
unanimous, 6/0, Lehman absent. The Mayor Pro rem declared the resolution adopted.
Moved by O'Donnell, seconded by Champion, to adopt RES. 04-51, AUTHORIZING THE
ACQUISITION OF PROPERTY LOCALLY KNOWN AS 925 WASHINGTON STREET, WHICH IS A
PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Affirmative roll call vote
unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 04-52, ADOPTING THE
MELROSE AVENUE/GRAND AVENUE TRAFFIC OPERATIONS STUDY FINAL REPORT. Affirmative
roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted.
Moved by Champion, seconded by Vanderhoef, to grant a 60-day extension to the Police
Citizens Review Board for the filing of the public report with the City Council on Complaint #03-13. The
Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent.
Moved by Vanderhoef, seconded by O'Donnell, to approve Continuing Disclosure Certificate
relative to issuance of $7,305,000 General Obligation Bonds. The Mayor Pro rem declared the motion
carried unanimously, 6/0, Lehman absent.
Moved by Champion, seconded by O'Donnell, to adopt RES. 04-53, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE
SERIES 2004, AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 6/0,
Lehman absent. The Mayor Pro rem declared the resolution adopted.
The Mayor noted the previously-announced vacancies: 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, to fill three-year terms March 29, 2004 - March 29, 2007;
Telecommunications Commission to fill a three-year term March 13, 2004 - March 13, 2007.
Applications must be received by 5:00 p.m., Wednesday, February 25, 2004. New vacancies: Airport
Zoning Commission to fill a six-year term January 1, 2004 - December 31, 2009; Airport Commission
to fill an unexpired term ending March 31,2007; Airport Zoning Brd of Adjustment to fill an unexpired
plus a five-year term ending December 31, 2008; Historic Preservation Commission for (~Noodlawn
District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Parks and
Recreafion Commission to fill an unexpired term ending January 1, 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.]
Correspondence included in Council Packet from Kevin Boyd noted. Applications must be received by
5:00 p.m., Wednesday, March 10, 2004.
Council Member Elliott noted in reading the Use of Force Report from the Police Department
that 10 deer had to be destroyed after being struck by motor vehicle in December and January;
Complete Description
February 17, 2004
Page 5
referenced the issue of properly taxes in a letter on the Consent Calendar from Dan Sanders, and the
fact that the more spent on affordable housing and housing assistance increases taxes and those
increases are passed along to renters; and questioned the 35 minute delay in exiting the Dubuque
Street ramp after the Chamber awards ceremony.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 8:20 p.m. The Mayor Pro
tem declared the motion carried unanimously, 6/0, Lehman absent.
Ross Wilburn, Mayor Pro tern
Marian K. Karr, City Clerk