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HomeMy WebLinkAbout2003-06-24 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 JUNE 24, 2003 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Schmadeke, Fosse, Morris, Franklin, Mollenhauer. Council minutes tape recorded on Tape 03-56, Both Sides; Tape 03-57, Side 1. The Mayor noted the recent death of former Mayor and Council Member Susan Horowitz and requested a moment of silence be observed. The Mayor proclaimed: Therapeutic Recreation Week, July 6-12; Recreation and Parks Month, July 2003; Community Development Day, July 1, Amy Correia, Housing and Community Development Chair, accepting; Chuck Schmadeke Day, June 27, Chuck Schmadeke accepting. Moved by Champion, seconded by Pfab, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: June 9 Special Council Work Session. June 10 Special Council Formal Official and Complete Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Iowa City Historic Preservation Commission - May 22. Iowa City Human Rights Commission - April 22. Iowa City Telecommunications Commission - April 28. Parks and Recreation Commission - May 14. Planning and Zoning Commission - May 15. Senior Center Commission - May 20. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafb, 19 S. Dubuque St. Renewals: Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1921 Keokuk St. Class C Beer Permit for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. Class B Wine Permit for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St. Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West. Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West. Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St. Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 East. Refund an unused portion of a Class C Liquor License for MPLS Hotel Management, Ltd., dba TGI Friday's-Iowa City, 2208 N. Dodge St. RES. 03-195, ISSUE CIGARETTE PERMITS. Motion: approve disbursements in the amount of $11,221,997.62 for the period of May 1 through May 31,2003, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 03-196, SETTING A PUBLIC HEARING for July 15 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT STREET TRANSPORTATION CENTER PROJECT, DIRECTING CITY Complete Description June 24,2003 Page 2 CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE ASSISTANT DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 03-197, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Correspondence: Nate Green regarding Alcohol and Bar Committee (ABC). Elias Zaharias regarding Subsidized Housing. Dennis Kowalski regarding Small Town Blues. Keith Bell regarding Howard Dean for President. Amy Correia (Housing and Community Development Commission) regarding Community Development Celebration and Awards Ceremony. Craig Bagdon regarding Adult Entertainment Establishment [staff response included]. David Wilson regarding RSDS Awareness Week [staff response included]. Linzee Kull McCray regarding house on Corner of Summit and College. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME Signs on the North Side of Imperial Court; Installation of a NO SEMIS Sign. Council Member Kanner noted the funding of Table to Table with IDED emergency shelter grant money, acknowledged they were a good agency but stated his preference for monies to be spent more directly on housing and shelter. Staff will follow up on state criteria used, as the City involvement is that of agent for the administration of those monies. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Senior Center Commissioner Lori Benz, 2012 Dunlap Court, updated Council on activities at the Center. Charlie Major, 7 Blue Stem Court, requested Council not cut 25 City employees to balance the budget. Moved by Champion, seconded by Vanderhoef, to set a public hearing for July 15 on an ordinance conditionally changing the zoning designation of 5.69 acres from RS-5, Low-Density Single-Family Residential, to RM-12, Low-Density Multi- Family residential, for property located at 1715 Mormon Trek Boulevard (All Nations Baptist Church). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the City Code Title 14, Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone (ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary Uses." Attorney Chris Pose, representing the applicant Mid American Energy Company, requested expedited action. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending City Code Title 14, Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone (ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary Uses(Mid American)," be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, that the ordinance amending the Planned Development Housing Overlay (OPDH-5) Plan for the Peninsula Neighborhood by amending the Peninsula Neighborhood Code and regulating plan, Complete Description * Revised 7/15/03 June 24, 2003 Page 3 * be given second vote. Affirmative roll call vote unanimous, 7/0, all Council members present. The Mayor declared the motion carried. (See reconsideration of this item after the next item.) Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation of approximately 1.1 acres from CB-2, Central Business District Service, to PRM, Planned High Density Residential for property located on the east side of South Dubuque Street (Clark/400 South Dubuque Street) south of Court Street, be given first vote. The following individuals appeared: Richard Twohy, resident manager at Heritage Manor; Attorney Joe Holland, representing the applicant Jim Clark; Charlotte Walker, 320 S. Dubuque; and Maxine Simon. Individual Council Members expressed their views. PCD Director Franklin present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Moved by O'Donnell, seconded by Wilbum, to accept correspondence from C. Joseph Holland, Patricia Ephgrave, and Richard Twohy. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The City Attorney stated Council had been requested to expedite item #5c, and stated if Council was inclined to do so the item should be reconsidered at this time. Moved by Pfab, seconded by Champion, to reconsider item 5c. The Mayor declared the motion carried, 6/1, with the following division of voice vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 03-4087 AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5) PLAN FOR THE PENINSULA NEIGHBORHOOD BY AMENDING THE PENINSULA NEIGHBORHOOD CODE AND REGULATING PLAN, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by Vanderhoef, that the ordinance be adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilbum, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. Moved by Champion, seconded by O'Donnell, that ORD. 03-4088, REZONING 6.91 ACRES FROM MEDIUM-DENSITY SINGLE-FAMILY (RS-8) TO SENSITIVE AREAS OVERLAY MEDIUM-DENSITY SINGLE-FAMILY (OSA-8) FOR A PROPERTY LOCATED (Donahue)AT 1515 NORTH DUBUQUE ROAD, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-198, APPROVING PRELIMINARY AND FINAL PLAT OF THE DONAHUE SUBDIVISION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded Pfab, that ORD. 03-4089, REZONING 6.92 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO LOW DENSITY SINGLE- FAMILY (RS-5) FOR PROPERTY LOCATED WEST OF CUMBERLAND LANE SOUTH OF SCOTT PARK (Highland Woods), be passed and adopted. Affirmative Complete Description June 24,2003 Page 3 Ue given second vote. The Mayor declared the motion carried, 6/1, ~g division of roll call vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Nays: Kanner. Absent: None. (See reconsideration of th after the -n.) by O'Donnell, seconded by Champion, that the or ~ging the zoning ignation of approximately 1.1 acres from CB-2, Cer Business District Service. 'RM, Planned High Density Residential for propE located on the east Dubuque Street (Clark/400 South Dubuque ," ~ south of Court Street, be first vote. The following individuals appe~ Richard Twohy, resident r at Heritage Manor; Attorney Joe Holl~ ~resenting the applicant Jim Charlotte Walker, 320 S. Dubuqu and Maxine Simon. IndividL embers expressed their views. Director Franklin present for discussion. The declared the motion car 6/1, with the following division of roll 'Donnell, Pfab, Wilburn, Champion, Lehman. Nays: Kanner. Moved O'Donnell, seconded to accept correspondence from C. Joseph Holland Ephgrave, ar Richard Twohy. The Mayor declared the motion cz ly, 7/0, all Cour Members present. The City Attorney requested to expedite item #5c, and stated if Council was to do so item should be reconsidered at this time. Moved by Pfab, to reconsider item 5c. The Mayor declared the motion carried, 6/1, g division of voice vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Le n, O'Donnell. Nays: Kanner. Absent: None. Moved by Wilburn, seconded by Van ~oef, that the rule requiring ordinances to be considered and voted on for final at two Council meetings prior to the meeting at which it is to be finally I suspended, the second consideration and vote be waived, and that OR ['HE PLANNED DEVELOPMENT .5) PLAN FOR THE PENINSULA NEIGHBORHOOD ~ THE ;ULA NEIGHBORHOOD CODE AND REGULATING PLAN. on for final ssage at this time. The Mayor declared the motion carried with the following wsion of roll call vote. Ayes: Pfab, Vanderhoef, 3hampion, Lehman, Nays: Kanner. Absent: None. Moved by Wilburn ,nded : the ordinance be adopted at this time. The Ma, ~nce ado , ~ with the following division of roll call vote. A~,es: Wilburn, Champion, Le~l~man, O'Donnell, Pfab. Nays: Kanner. Abser~, ~ Moved by Ch/ir ~ion, seconded by O Donnell, that ORB,,. 03-4088, REZONING 6.91/~CR iS FROM MEDIUM-DENSITY SINGLE-F~MILY (RS-8) TO SENSITIVE ARE,~S (: CERLAY MEDIUM-DENSITY SINGLE-FAI~ILY (OSA-8) FOR A PROPERTY ~:)CAq :_D (Donahue)AT 1515 NORTH DUBUQUE~ROAD, be passed and ad/bpted., ffirmative roll call vote unanimous, 7/0, all C0~ncil Members present. The/Mayor de ;lared the ordinance adopted. ~ Mov¢t by Champion, seconded by Vanderhoef, to adopt RES. 0~-198, APPROVING PRELIMINARY AND FINAL PLAT OF THE DONAHUE SL~DIVISlON, IOWA CI/7'Y, IOWA. Affirmative roll call vote unanimous, 7/0, all Council rv~mbers present/~l'he Mayor declared the resolution adopted. ~, Moved by Vanderhoef, seconded Pfab, that ORD. 03-4089, REZONI~G 6.92 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO LOW DENSITY SlNGIkE- FAMILY (RS-5) FOR PROPERTY LOCATED WEST OF CUMBERLAND LANE--% SOUTH OF SCOTT PARK (Highland Woods), be passed and adopted. Affirmative Complete Description June 24, 2003 Page 4 roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Pfab, to adopt RES. 03-199, APPROVING THE PRELIMINARY PLAT OF HIGHLAND WOODS, A 10-LOT 6.92-ACRE SUBDIVISION LOCATED WEST OF CUMBERLAND LANE, SOUTH OF SCOTT PARK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to defer to July 15 a ordinance changing the zoning designation of approximately 6.1 acres from County RS, Suburban Residential, to C1-1, Intensive Commercial for property located west of Dane Road, east of Mormon Trek Boulevard extended. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to defer to July 15 a ordinance changing the zoning designation of approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public, CH-l, Highway Commercial, CI-1, Intensive Commercial, and ID-RS, Suburban Residential, for property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, to adopt RES. 03-200, APPROVING A FINAL PLAT OF HOLLYWOOD MANOR, PART 8. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 03-201, APPROVING A FINAL PLAT OF GALWAY HILLS, PART 7, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Civic Center North Court Trane HVAC Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Champion, seconded by Wilburn, to adopt RES. 03-202, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE CIVIC CENTER NORTH COURT TRANE HVAC PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. The City Attorney stated Deli Mart had waived their right to hearing and made the $1500 payment, and Council needs to act on a resolution accepting waiver and payment at this time. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-203, ACCEPTING PAYMENT OF $1,500.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI MART #2. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The City Clerk noted that item 8 had been expedited at Council's special meeting the previous evening and no more action was necessary. Complete Description June 24, 2003 Page 5 Moved by Vanderhoef, seconded by Champion, that ORD. 03-4090, AMENDING ORDINANCE NO. 00-3947, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED SYCAMORE AND FIRST AVENUE URBAN RENEWAL AREA OF THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED SYCAMORE AND FIRST AVENUE URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. PCD Director Franklin present for discussion. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 03-4091, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE HIGHWAY 6 COMMERCIAL URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Moved by Champion, seconded by Wilburn, to adopt RES. 03-204, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, THE MOEN GROUP AND TERRAPIN BREWERY, INC. D/B/A TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK CAFI~. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted that the vacancies on the Housing and Community Development Board to fill three three-year terms September 1, 2003 - September 1, 2006, will be readvertised. Moved by Champion, seconded by O'Donnell, to appoint Candy Barnhill, 154 Friendship Street, to the Police Citizens Review Board for one appointment for a current or former Peace Officer to fill a four-year term September 1, 2003 - September 1,2007. During deliberations of the appointment there were concerns expressed regarding consideration of a peace officer with ties to the Iowa City Police Department, and waived the requirement to appoint one current or former Police Officer, also noting the commission was male dominated at the present time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description June 24,2003 Page 6 The Mayor noted the current vacancies: Police Citizens Review Board for one vacancy for a current or former Peace Officer to fill an unexpired term ending September 1,2005. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer as that term is defined by State law. Applications must be received by 5:00 p.m., Wednesday, August 13. The City Attorney reminded Council that they waived the appointment of a Peace Officer for the last two appointments by not considering a former member of the Iowa City Police Department; and questioned continuing to advertise for a Peace Officer without clarification and possible amendment of the ordinance. Council requested that the matter be scheduled for their July 14 work session The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment for one appointment to fill an unexpired term ending December 31, 2003. Staff will not publish additional notices after a period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additional publication costs will be incurred; Airport Zoning Commission for one appointment for an unexpired term ending December 31,2003. Staff will not publish additional notices after a period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additional publication costs will be incurred; Historic Preservation Commission for one vacancy to fill a Woodlawn District Rep to a three-year term March 29, 2003 - March 29, 2006. Applications must be received by 5:00 p.m., Wednesday, July 9. Library Board of Trustees for one vacancy to fill six-year terms July 1, 2003 - July 1, 2009. Applications must be received by 5:00 p.m., Wednesday, August 13. Council Member Pfab requested Council schedule discussion of the City vehicle towing and service contract for an upcoming work session. Moved by .Champion, seconded by Kanner, to accept information provided by Council Member Pfab into the record. The City Attorney suggested review of the materials and then discussion whether there was interest to schedule a future work session on the matter. Council Member Wilburn congratulated winners of the Johnson County Tobacco Coalition Anti-Smoking ad designs; and Pride Festival organizers. Council Member Kanner noted the memo from Asst. City Mgr. Helling regarding "financial risk analysis" and stated he appreciated the exchange of information; questioned the draft format Airport Commission minutes of June 12, City Clerk Karr will follow up with staff on format; questioned where Council left the matter of the National Housing Trust Fund, the Mayor stated the matter would be on an upcoming work session; noted the short memo from the Police Chief regarding detainees being handcuffed in response to PCRB, and requested more information on the training with respect to the issue identified; requested a memo with an explanation of the "...bronchial notch..." procedure used by the Police Officer for Case Number 3-24630 outlined in the May Use of Force Report; and questioned whether Mayor Lehman had spoken to Council Member Pfab regarding his particular strategy for approaching HUD with complaints prior to his remarks at the June 9 work session. Mayor Lehman reminded Council and the public of the City open house for retiring Public Works Director Chuck Schmadeke scheduled for Friday; and the CDBG celebration on July 1st. Mayor Lehman requested Council set time for staff evaluations, and stated there also might be a need for a special meeting next week Complete Description June 24, 2003 Page 7 as well. After discussion, Council agreed to provide their schedule for the coming week to the City Clerk for scheduling a special meeting, and no evaluations will be held earlier in the week due to the absence of the City Attorney. Moved by Vanderhoef, seconded by Wilburn, to adjourn special meeting at 7/0, 8:50 p.m. Affirmative roll call vote unanimous, ~1~ouncil Members p_rese, nt. The Ma yor dec la red the motion carried. Ernest W. Lehman, Mayor Marian K. Karr, City C er Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 6/10/03 Iowa City City Council special meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed Homeownership Month, June 2003; Pride Month, June 2003, Christopher Eland, accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 12 Special Council Work Session. May 19 Council Work Session (2). May 19 Special Council Formal Official and Complete. May 20 Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Historic Preservation Commission - May 8. Housing and Community Development Commission - April 22. Iowa City Public Library Board of Trustees -April 24. Parks and Recreation Commission - March 12. Planning and Zoning Commission - May 1. Police Citizens Review Board - May 13. Recommendation: Accept PCRB Report on Complaint #03-03. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for Sheraton Iowa City, 210 S. Dubuque St. RES. 03- 167, TO ISSUE DANCE PERMIT to Sheraton Iowa City, 210 S. Dubuque St. Renewals: Class C Liquor License for Shakespeare's, 819 S. First Ave. Class C Liquor License for Linn Street Caf6, Inc., 121 N. Linn St. Special Class C Liquor License for Masala, 9 S. Dubuque St. Special Class C Liquor License for Zio Johno's Spaghetti House, 953 S. Riverside Dr. Class C Beer Permit for El Paso the Mexican Store, 609 Hollywood Blvd. Class E Liquor License for Eagle Food Center #157,600 N. Dodge St. Class C Beer Permit for Tobacco Outlet Plus #537, 923 S. Riverside Dr. Motion: approve disbursements in the amount of $13,061,287.31 for the period of April 1 through April 30, 2003, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 03-168, SETTING A PUBLIC HEARING for June 24 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER NORTH COURT TRANE HVAC PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Setting a public hearing for June 23 on the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the application of vinyl siding to a duplex at 815-17 S. Summit Street, which appeal was filed with the City Clerk on May 16, 2003 by applicant Frank Fleming. Setting a public hearing for June 23 on the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the enclosure of a sun porch Official Actions June 10, 2003 Page 2 at 520 Grant Street, which appeal was filed with the City Clerk on June 2, 2003 by applicants Connie Webb and Shelley Brighi. Resolutions: RES. 03-169, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM PEACEFUL FOOL RES. 03-170, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2004 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. RES. 03-171, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM A & J MINI MART, INC. RES. 03-172, 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, LANDOWNERS HELEN AND WILLIAM BYINGTON, AND LITTLE DONKEYS INC., d/b/a PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE. RES. 03-173, 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, LANDOWNER THE MOEN GROUP, AND MONDO'S OF IOWA CITY, INC. d/b/a MONDO'S DOWNTOWN, FOR A SIDEWALK CAFI~. RES. 03-174, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND COMMERCIAL FEDERAL, IOWA FOR PROPERTY LOCATED AT 913 WEBSTER STREET, IOWA CITY, IOWA. RES. 03-175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO REHABILITATION AGREEMENTS, TWO PROMISSORY NOTES, AND TWO MORTGAGES FOR THE PROPERTY LOCATED 2119 EAST COURT STREET, IOWA CITY, IOWA. RES. 03-176, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 1311 FIRST AVENUE, IOWA CITY, IOWA. RES. 03-177, 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, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1209 HIGHLAND AVENUE, IOWA CITY, IOWA. Correspondence: Cynthia Jones regarding Downtown. Abubaker Elkhalifa regarding Sudanese Community Member Applying for Job of City Engineer [staff response included]. John Maxwell regarding Homeless Shelter. Amy Correia (Housing & Community Development Commission) regarding National Housing Trust Fund Campaign. Neil Daniels regarding City Planning and Public Interest. Chad McGinnis regarding Noise Complaints - 637 S Lucas Ruling [staff response included]. Alan Ellis (Iowa City Municipal Airport) regarding Repayment of the Airport. Dave McLaughlin (Scott Manor Homeowners Association) regarding Mowing and Sidewalk Snow Removal. Jennifer Britton regarding Expansion of Shelter House. Barb Threlkeld regarding University Students. Budget: Amy Martin, Michael Wright, Helen Burford, Garry Klein, Jerry Hansen (Wetherby Friends and Neighbors), Brenda Leicht, Kelly Kadera Moloney, Dawn Willging, Joey Young, Dave Daniel, Valerie & David Bills, Jim Throgmorton (FAIR!), Bob Dostal, Bob Official Actions June 10, 2003 Page 3 EIliott, Lesley Morony, Rod Sullivan. Ana Rodriguez regarding School Civics Project [response from staff included] JCCOG Traffic Engineering Planner regarding Installation of a NO PARKING CORNER TO HERE Sign at the Intersection of Dover Street and Muscatine Avenue; Installation of All-Way Stop Control at the Intersections of Scott Boulevard/First Avenue and Scott Boulevard/Rochester Avenue. Correspondence included from Michael Crane and Brian Butler. The Mayor declared the motion carried. Moved and seconded to set a public hearing for June 24 on an ordinance amending the City Code Title 14, Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone (ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary Uses." The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Planned Development Housing Overlay (OPDH-5) Plan for the Peninsula Neighborhood by amending the Peninsula Neighborhood Code and Regulating Plan.. A public hearing was held on an ordinance changing the zoning designation of approximately 1.1 acres from CB-2, Central Business District Service, to PRM, Planned High Density Residential for property located on the east side of south Dubuque Street south of Court Street. The following individuals appeared: Atty. Joe Holland, representing the applicant; Richard Twohy, resident manager, presented a petition from 15 residents; Maxine Simon, resident; Jean Tack, resident; and Mark Pearson, resident. Moved and seconded to accept correspondence from Jean Tack, and Richard Twohy. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 6.91 acres from Medium- Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single- Family (OSA-8)for a property located at 1515 North Dubuque Road. Moved and seconded to accept correspondence from Richard Donahue. The Mayor declared the motion carried. Moved and seconded that the ordinance rezoning 6.91 acres from Medium- Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single- Family (OSA-8) for a property located at 1515 North Dubuque Road, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 6.92 acres from Interim Development (ID-RS) to Low Density Single-Family (RS-5) for property located west of Cumberland Lane south of Scott Park. Moved and seconded to accept correspondence from John Moreland, Jr. The Mayor declared the motion carried. Moved and seconded that the ordinance rezoning 6.92 acres from interim development (ID-RS) to Low Density Single-Family (RS-5) for property located west of Cumberland Lane south of Scott Park, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation of approximately 6.1 acres from County RS, Suburban Residential, to Cl-1, Intensive Commercial for property located west of Dane Road, east of Mormon Trek Boulevard Extended, be given second vote. The Mayor declared the motion carried Moved and seconded that the ordinance changing the zoning designation of approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public, CH-l, Highway Commercial, C1-1, Intensive Commercial, and ID-RS, Suburban Residential, for property generally located east of Highway 216, west of the Iowa City Airport, and both north and south of Highway 1, be given second vote. The Mayor declared the motion carried. Official Actions June 10, 2003 Page 4 Moved and seconded that ORD. 03-4083, COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFITT COTTAGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE LONGFELLOW HISTORIC DISTRICT, be passed and adopted. Moved and seconded that ORD. 03-4084, VACATING THE NORTHERNMOST 60 FEET OF THE DEAD-END ALLEY ALONG THE WEST PROPERTY LINE OF 405 SOUTH SUMMIT STREET, be passed and adopted. Moved and seconded to defer to June 24 a resolution approving a final plat of Hollywood Manor, Part 8. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-178, APPROVING A FINAL PLAT OF WINDSOR RIDGE, PART 18A, IOWA CITY, IOWA. No action required regarding hearing and resolution assessing a civil penalty of $1,500.00 and a thirty (30) day retail cigarette permit suspension against A & J Mini Mart, Inc., pursuant to Iowa Code Section 453A.22(2). A hearing was held on a civil penalty of either thirty (30) day retail cigarette permit suspension or $1,500.00 against Deli Mart #2. Moved and seconded to continue hearing to June 24. The Mayor declared the motion carried. Moved and seconded to defer to June 24 a resolution assessing a civil penalty of either thirty (30) day retail cigarette permit suspension or $1,500.00 against Deli Mart #2. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing conveyance of the west one-half of a twenty-foot wide by sixty feet long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street to Phyllis Tucker. Moved and seconded to adopt RES. 03-179, AUTHORIZING CONVEYANCE OF THE WEST ONE-HALF OF A TWENTY-FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO PHYLLIS TUCKER. A public hearing was held on resolution authorizing conveyance of the east one-half of a twenty-foot wide by sixty feet long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street to Sue M. Travis and Andrew D. Robertson. Moved and seconded to adopt RES. 03-180, AUTHORIZING CONVEYANCE OF THE EAST ONE-HALF OF A TWENTY-FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO SUE M. TRAVIS AND ANDREW D. ROBERTSON. Moved and seconded that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase the fine for parking tickets, increase monthly parking permit fees, and changing the parking ticket escalation, 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. 03-4085, REPEALING CHAPTER 7, "SMOKING IN FOOD ESTABLISHMENTS" OF TITLE 6, "PUBLIC HEALTH", OF THE CITY CODE, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded that the ordinance amending Ordinance No. 00-3947, providing that general property taxes levied and collected each year on all property Official Actions June 10, 2003 Page 5 located within the amended Sycamore and First Avenue Urban Renewal Area of the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Sycamore and First Avenue Urban Renewal Redevelopment Project, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance providing that general property taxes levied and collected each year on all property located within the Highway 6 Commercial Urban Renewal Project Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given second vote. The Mayor declared the motion carried. Council Member Wilburn left the meeting due to a conflict of interest. Moved and seconded to adopt RES. 03-181, AWARDING $15,000 IN FUNDS TO UNITED ACTION FOR YOUTH FOR PRE-EMPLOYMENT AND EMPLOYMENT TRAINING FOR AT-RISK YOUTH. Council Member Wilburn returned and stated his conflict of interest on the next item and left the room. Moved and seconded to adopt RES. 03-182, APPROVING FUNDING FOR THE INSTITUTE FOR SOCIAL AND ECONOMIC DEVELOPMENT FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Council Member Wilburn returned to the meeting. Moved and seconded to adopt RES. 03-183, INCREASING BUILDING PERMIT FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT. Moved and seconded to amend the ordinance to retain the $35 fee for the first $1000 evaluation. The Mayor declared the amendment carried. The Mayor declared the resolution adopted as amended. Moved and seconded to accept correspondence from Boyd Crosby. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-184, ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT. Moved and seconded to accept correspondence from M. Joan Smith. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-185, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION PROJECT. Moved and seconded to adopt RES. 03-186, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN EARTH TECH, INC. OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY FOR Official Actions June 10, 2003 Page 6 CONSULTING SERVICES DURING CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION PROJECT. Moved and seconded adopt RES. 03-187, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2003 ASPHALT RESURFACING PROJECT Moved and seconded to adopt RES. 03-188, TO REMOVE BOARD MEMBER BEV SMITH FROM THE POLICE CITIZENS REVIEW BOARD DUE TO HER MISSING THREE CONSECUTIVE REGULAR MEETINGS ACCORDING TO THE CURRENT BY-LAWS. Moved and seconded to adopt RES. 03-189, AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW BOARD TO CLARIFY THE ABSENCE POLICY. Moved and seconded to adopt RES. 03-190, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL NO. 183, AFL-CIO, TO BE EFFECTIVE JULY 1, 2003, THROUGH JUNE 30, 2004. Moved and seconded to adopt RES. 03-191, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO LOCAL #610, TO BE EFFECTIVE JULY 1,2003 THROUGH JUNE 30, 2004. Moved and seconded to adopt RES. 03-192, ESTABLISHING A CLASSIFICATION / COMPENSATION PLAN FOR CONFIDENTIAL / ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY04. Council Member Wilburn left the meeting due to a conflict of interest. Moved and seconded to adopt RES. 03-193, REPEALING RESOLUTION 03- 108 ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2004, BY 5%. Council MemberWilburn returned to the meeting. Moved and seconded to adopt RES. 03-194, REPEALING RESOLUTION 03- 109 ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2004, BY 10% FOR ALL EVENTS BUT JUST JAZZ. 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 #03-01. The Mayor declared the motion carried. The Mayor noted the current vacancy: Library Board of Trustees for one vacancy to fill six-year terms July 1,2003 - July 1, 2009. Correspondence included in Council packet. Applications must be received by 5:00 p.m., Wednesday, August 13. The Mayor noted the previously-announced vacancies: Housing and Community Development Commission for three vacancies to fill three-year terms September 1, 2003 - September 1, 2006. Police Citizens Review Board to fill one vacancy for a current or former Peace Officer to fill a four-year term September 1, 2003 - September 1, 2007. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer as that term is defined by State law. Applications must be received by 5:00 p.m., Wednesday, June 18. Airport Zoning Board of Adjustment for one appointment to fill an unexpired term ending December 31,2003. Airport Zoning Commission for one appointment to fill an unexpired term ending December 31,2003. Historic Official Actions June 10, 2003 Page 7 Preservation Commission for one vacancy for a Woodlawn District Rep to fill a three- year term March 29, 2003 - March 29, 2006. Applications must be received by 5:00 p.m., Wednesday, July 9. Moved and seconded to adjourn special meeting at 8:55 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/Mari~n K. Karr, City .Clerk , Submitte~l-for publication - 6/18/03. City of Iowa City MEMORANDUM Date: June 9, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 9, 2003, 6:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Davidson, Miklo, Fowler Tapes: 03-46, Side 2; 03-51, Side 2 (^ complete transcription is available in the City Clerk's Office) UPDATE ON BUDGET REDUCTION PLAN The City Manager updated Council on the special Legislative session, and stated discussion will be scheduled for the June 23ra work session on the options presented in the reduction plan. He added the City was very close to the $1.8 million goal if the parking proposals were adopted as presented on the agenda. Parking and Transit Director Fowler present for discussion of the ordinance on the parking proposals (agenda item #10). After discussion Council directed staff to amend the ordinance to increase monthly permit parking by $10 a month and delete increase 75 cents of certain parking meters in CBD. STAFF ACTION; Schedule further discussion of the reduction plan for June 23 work session. (Atkins) Revised ordinance will be prepared for Council consideration on June 10. (Fowler) PLANNING & ZONING ITEMS Acting Director Davidson presented information on the following items: A. SETTING A PUBLIC HEARING FOR JUNE 24 ON AN ORDINANCE AMENDING THE CITY CODE TITLE 14, CHAPTER 6, ENTITLED, "ZONING," ARTICLE G, ENTITLED "OFFICE AND RESEARCH PARK ZONE (ORP)" AND ARTICLE L, ENTITLED "PROVISIONAL USES, SPECIAL EXCEPTIONS, AND TEMPORARY USES." B. PUBLIC HEARING ON AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-$) PLAN FOR THE PENINSULA NEIGHBORHOOD BY AMENDING THE PENINSULA NEIGHBORHOOD CODE AND REGULATING PLAN. (REZ03-00016) Sr. Planner Miklo present for discussion. Council Work Session June 9,2003 Page 2 C. PUBLIC HEARING ON AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1.1 ACRES FROM CB-2, CENTRAL BUSINESS DISTRICT SERVICE, TO PRM, PLANNED HIGH DENSITY RESIDENTIAL FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH DUBUQUE STREET SOUTH OF COURT STREET. (REZ03- 00012) (Clark) Sr. Planner Miklo present for discussion. Council requested information on the number of individuals that could legally live in the building prior to the hearing the following evening. D. REZONING 6.91 ACRES FROM MEDIUM-DENSITY SINGLE-FAMILY (RSo8) TO SENSITIVE AREAS OVERLAY MEDIUM-DENSITY SINGLE-FAMILY (OSA-8) FOR A PROPERTY LOCATED AT 1515 NORTH DUBUQUE ROAD. (REZ03-00010/SUB03- 00002) (Donohue) Sr. Planner Miklo present for discussion. E. REZONING 6.92 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO LOW DENSITY SINGLE-FAMILY (RS-5) FOR PROPERTY LOCATED WEST OF CUMBERLAND LANE SOUTH OF SCOTF PARK. (REZ03-00014/SUB03-00013) (Highland Woods) F. ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 6.1 ACRES FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO C1-1, INTENSIVE COMMERCIAL FOR PROPERTY LOCATED WEST OF DANE ROAD, EAST OF MORMON TREK BOULEVARD EXTENDED. (REZ01-00017) (SECOND CONSIDERATION) G. ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH, C2, R1A, RS & A1 TO P, PUBLIC, CH-l, HIGHWAY COMMERCIAL, C1-1, INTENSIVE COMMERCIAL, AND ID-RS, SUBURBAN RESIDENTIAL, FOR PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. (REZ03-00013) (SECOND CONSIDERATION) H. ORDINANCE COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFITT COTTAGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE LONGFELLOW HISTORIC DISTRICT. (REZ03-00004) (PASS AND ADOPT) I. ORDINANCE VACATING THE NORTHERNMOST 60 FEET OF THE DEAD-END ALLEY ALONG THE WEST PROPERTY LINE OF 405 SOUTH SUMMIT STREET. (VAC00-00001) (PASS AND ADOPT) Davidson stated that items "h" and "i" should be done after Council is satisfied with offers for the property outlined in items 8 and 9. J. RESOLUTION APPROVING A FINAL PLAT OF HOLLYWOOD MANOR, PART 8. (SUB03-00012) Council Work Session June 9,2003 Page 3 K. RESOLUTION APPROVING A FINAL PLAT OF WINDSOR RIDGE, PART 18A, IOWA CITY, IOWA. (SUB03-00016) AGENDA ITEMS 1. (Consent Calendar #3 - work session minutes) In response to Council Member Kanner, the City Manager stated he was preparing a memo on landfill issues. 2. (Consent Calendar #3b(5) - Planning & Zoning Minutes) Sr. Planner Miklo responded to questions from Council Member Kanner regarding Lots 36 and 37of the Peninsula Neighborhood. 3. (Consent Calendar #3g - letter from Dave McLaughlin regarding mowing and sidewalk snow removal) In response to Mayor Lehman and Mayor Pro tern Vanderhoef, the City Manager stated staff would be preparing a snow removal maintenance policy. 4. (Consent Calendar #3g(11) - Mayor Pro tern Vanderhoef noted the number of concerns on potential loss of school crossing guard as a result of budget cuts, and requested the Mayor clarify at the formal meeting that there were no plans for a reduction in crossing guards. Acting Director Davidson present for discussion. 5. (Consent Calendar #3g(13) - Memo from Traffic Engr. Planner re installation of stop signs...) In response to Council Member Champion, Acting PCD Director Davidson stated that signals are not justified for the intersection of Scott Blvd. and Rochester at this time but the situation will be monitored and likely the stop signs could be viewed as an interim measure. 6. (Consent Calendar 3b(1) - Historic Preservation minutes ) Council Member Kanner stated he was glad to see that the Commission was talking about solar collectors, and questioned if they were looking at different types. Acting PCD Director stated staff would provide more information. 7. (Consent Calendar #3g(4) -Amy Correia letter ... National Housing Trust Fund ...) Council Member Kanner requested more information on the proposal endorsed by the Housing and Community Development Commission. Acting PCD Director stated staff would provide more information. 8. (Agenda #14 - Resolution awarding $15,000 ... United Action For Youth) Council Member Kanner and Pfab requested copies of all the applications and the staff summary that resulted in their recommendation. 9. (Agenda #16 - Resolution increasing building fees ...) Council Member Kanner raised concerns regarding the proposed increase for the first $1,000 in value, and suggested the City absorb that cost and not increase that step. Mayor Lehman requested staff provide the number of permits actually issued under $1,000 at the time of the formal meeting. 10. (Agenda #23 - resolution ... agreement ... AFSClO; #24 - resolution ... agreement ... Firefighters; #25 - resolution ... confidential and administrative employees) Council Member Council Work Session June 9, 2003 Page 4 Kanner stated he would be asking the Asst. City Manager for a summary of the differences in the contracts at the formal meeting. 11. (Agenda #14, - awarding ... United Action for Youth grant; #15 Institute for Social and Economic Development .... Grant; and #26 - Human Services Aid to Agencies) Council Member Wilburn stated he had a conflict of interest with three items on the agenda and would be abstaining. COUNCIL TIME 1. Council Member Wilburn stated he would be interested in looking at budget reduction plan options presented earlier by the City Manager including: deer kill and memberships. Mayor Lehman stated he would like a Council policy on attending out of town meetings. Council Member O'Donnell expressed his desire to also look at the deer kill plan and increasing the number of parking permits available by 50-100. These items will be scheduled for discussion at the June 23 work session. The Mayor suggested Council Members provide written comments prior to the discussion. 2. Mayor Lehman noted a letter received a few weeks ago from individuals trying to make modifications in their property and having problems with Historic Preservation guidelines, and asked for comparisons to other cities on the guidelines. The City Atty. stated that Council was setting two public hearing on appeals, and suggested waiting until after the appeals are heard to discuss the guidelines. Sr. Planner Miklo provided additional information. The City Atty. will provide appeal information prior to the hearings. 3. Mayor Lehman noted copies of the letter from Council Member Pfab to HUD and staff response included in Council's packet, and questioned if Council Member Pfab had talked with staff prior to writing the letter. Council Member Pfab indicated he had. 4. Council Member Champion encouraged people to come downtown for the concert series, noting there were more people in downtown Iowa City and in downtown Chicago. MEASURING EFFECTIVENESS OF UNDER 19 ORDINANCE (IP1 of 6/5 Information Packet) Asst. City Manager Helling and City Atty. Dilkes presented information. Nate Green, UISG President, also appeared. After discussion, the City Atty. stated measuring effectiveness was a different topic than formulation of a community task force. STAFF ACTION: Proceed with staff measurements as outlined. Schedule discussion of community task force for June 23 work session agenda. (Dilkes) Meeting adjourned 8:30 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 10, 2003 Iowa City City Council special meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Heliing, Diikes, Karr, Davidson, Hennes, Cate, Fosse. Council minutes tape recorded on Tape 03-52, Both Sides; 03-53, Side 2. The Mayor proclaimed Homeownership Month, June 2003; Pride Month, June 2003, Christopher Eland, accepting. Mayor Pro tern Vanderhoef indicated she had a conflict with the June 24 formal meeting date and asked Council for consideration of possibility moving the formal to the same evening as the work session, June 23. Individual Council Members expressed their views. After discussion a majority of Council indicated their support to move the public hearings (and other items requiring expedited action) regarding historic preservation [3e(2) and 3e(3)] to a special formal on June 23 and retain the formal meeting on June 24 as scheduled. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 12 Special Council Work Session. May 19 Council Work Session (2). May 19 Special Council Formal Official and Complete. May 20 Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Historic Preservation Commission - May 8. Housing and Community Development Commission - April 22. Iowa City Public Library Board of Trustees - April 24. Parks and Recreation Commission - March 12. Planning and Zoning Commission - May 1. Police Citizens Review Board - May 13. Recommendation: Accept PCRB Report on Complaint #03-03. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St. RES. 03-167, TO ISSUE DANCE PERMIT to MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St. Renewals: Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave. Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafb, Inc., 121 N. Linn St. Special Class C Liquor License for OM, Inc., dba Masala, 9 S. Dubuque St. Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr. Class C Beer Permit for Antonio Pacheco dba El Paso the Mexican Store, 609 Hollywood Blvd. Class E Liquor License for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537,923 S. Riverside Dr. Motion: approve disbursements in the amount of $13,061,267.31 for the period of April 1 through April 30, 2003, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 03-168, SETTING A PUBLIC HEARING for June 24 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER Complete Description June 10, 2003 Page 2 NORTH COURT TRANE HVAC PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Setting a public hearing for June 23 on the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the application of vinyl siding to a duplex at 815-17 S. Summit Street, which appeal was filed with the City Clerk on May 16, 2003 by applicant Frank Fleming. Setting a public hearing for June 23 on the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the enclosure of a sun porch at 520 Grant Street, which appeal was filed with the City Clerk on June 2, 2003 by applicants Connie Webb and Shelley Brighi. Resolutions: RES. 03-169, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM PEACEFUL FOOL RES. 03-170, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2004 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. RES. 03-171, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM A & J MINI MART, INC. RES. 03-172, 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, LANDOWNERS HELEN AND WILLIAM BYINGTON, AND LITTLE DONKEYS INC., d/b/a PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAF!e. RES. 03-173, 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, LANDOWNER THE MOEN GROUP, AND MONDO'S OF IOWA CITY, INC. d/b/a MONDO'S DOWNTOWN, FOR A SIDEWALK CAFI~. RES. 03-174, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND COMMERCIAL FEDERAL, IOWA FOR PROPERTY LOCATED AT 913 WEBSTER STREET, IOWA CITY, IOWA. RES. 03-175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO REHABILITATION AGREEMENTS, TWO PROMISSORY NOTES, AND TWO MORTGAGES FOR THE PROPERTY LOCATED 2119 EAST COURT STREET, IOWA CITY, IOWA. RES. 03-176, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 1311 FIRST AVENUE, IOWA CITY, IOWA. RES. 03-177, 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, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1209 HIGHLAND AVENUE, IOWA CITY, IOWA. Correspondence: Cynthia Jones regarding Downtown. Abubaker Elkhalifa regarding Sudanese Community Member Applying for Job of City Engineer [staff response included]. John Maxwell regarding Homeless Shelter. Amy Correia (Housing & Community Development Commission) regarding Complete Description June 10, 2003 Page 3 National Housing Trust Fund Campaign. Neil Daniels regarding City Planning and Public Interest. Chad McGinnis regarding Noise Complaints - 637 S Lucas Ruling [staff response included]. Alan Ellis (Iowa City Municipal Airport) regarding Repayment of the Airport. Dave McLaughlin (Scott Manor Homeowners Association) regarding Mowing and Sidewalk Snow Removal. Jennifer Britton regarding Expansion of Shelter House. Barb Threlkeld regarding University Students. Budget: Amy Martin, Michael Wright, Helen Bur[ord, Garry Klein, Jerry Hansen (Wetherby Friends and Neighbors), Brenda Leicht, Kelly Kadera Moloney, Dawn Willging, Joey Young, Dave Daniel, Valerie & David Bills, Jim Throgmorton (FAIR!), Bob Dostal, Bob Elliott, Lesley Morony, Rod Sullivan. Aha Rodriguez regarding School Civics Project [response from staff included] JCCOG Traffic Engineering Planner regarding Installation of a NO PARKING CORNER TO HERE Sign at the Intersection of Dover Street and Muscatine Avenue; Installation of All-Way Stop Control at the Intersections of Scott Boulevard/First Avenue and Scott Boulevard/Rochester Avenue. Correspondence included from Michael Crane and Brian Butler. Council Member Kanner noted the April 23 Library Board minutes reporting a request from the Police for a patron's records that was denied, and the Patriot Act implications; and accepting fines from Peaceful Fool and A & J Mini Mart for selling cigarettes to minors. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, to set a public hearing for June 24 on an ordinance amending the City Code Title 14, Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone (ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary Uses." The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Planned Development Housing Overlay (OPDH-5) Plan for the Peninsula Neighborhood by amending the Peninsula Neighborhood Code and Regulating Plan. No one appeared. A public hearing was held on an ordinance changing the zoning designation of approximately 1.1 acres from CB-2, Central Business District Service, to PRM, Planned High Density Residential for property located on the east side of south Dubuque Street (Clark/400 South Dubuque Street) south of Court Street. The following individuals appeared: Atty. Joe Holland, representing the applicant; Richard Twohy, resident manager, presented a petition from 15 residents; Maxine Simon, resident; Jean Tack, resident; and Mark Pearson, resident. Acting PCD Director Davidson present for discussion. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Jean Tack, and Richard Twohy. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning 6.91 acres from Medium- Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single- Family (OSA-8) for a property located (Donahue) at 1515 North Dubuque Road. No one appeared. Moved by Pfab, seconded by O'Donnell, to accept correspondence from Richard Donahue. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, that the ordinance rezoning 6.91 acres from Medium-Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single-Family (OSA-8)for a property located at 1515 North Complete Description June 10, 2003 Page 4 Dubuque Road, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 6.92 acres from Interim Development (ID-RS) to Low Density Single-Family (RS-5) for property located west of Cumberland Lane south of Scott Park (Highland Woods). No one appeared. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from John Moreland, Jr. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that the ordinance rezoning 6.92 acres from interim development (ID-RS) to Low Density Single-Family (RS-5) for property located west of Cumberland Lane south of Scott Park (Highland Woods), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Champion, that the ordinance changing the zoning designation of approximately 6.1 acres from County RS, Suburban Residential, to C1-1, Intensive Commercial for property located west of Dane Road, east of Mormon Trek Boulevard Extended, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried Moved by Wilburn, seconded by O'Donnell, that the ordinance changing the zoning designation of approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public, CH-l, Highway Commercial, Cl-1, Intensive Commercial, and ID-RS, Suburban Residential, for property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1, be 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 Pfab, that ORD. 03-4083, COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFITT COTTAGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE LONGFELLOW HISTORIC DISTRICT, 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 Wilburn, that ORD. 03-4084, VACATING THE NORTHERNMOST 60 FEET OF THE DEAD-END ALLEY ALONG THE WEST PROPERTY LINE OF 405 SOUTH SUMMIT STREET, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Pfab, seconded by Champion, to defer to June 24 a resolution approving a final plat of Hollywood Manor, Part 8. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to adopt RES. 03-178, APPROVING A FINAL PLAT OF WINDSOR RIDGE, PART 18A, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. No action required regarding hearing and resolution assessing a civil penalty of $1,500.00 and a thirty (30) day retail cigarette permit suspension against A & J Mini Mart, Inc., pursuant to Iowa Code Section 453A.22(2). A hearing was held on a civil penalty of either thirty (30) day retail cigarette permit suspension or $1,500.00 against Deli Mart #2. No one appeared. Moved by Complete Description June 10, 2003 Page 5 Vanderhoef, seconded by O'Donnell, to continue hearing to June 24. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer to June 24 a resolution assessing a civil penalty of either thirty (30) day retail cigarette permit suspension or $1,500.00 against Deli Mart #2. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution authorizing conveyance of the west one-half of a twenty-foot wide by sixty feet long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street to Phyllis Tucker. No one appeared. Moved by Pfab, seconded by Champion, to adopt RES. 03-179, AUTHORIZING CONVEYANCE OF THE WEST ONE-HALF OF A TWENTY-FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO PHYLLIS TUCKER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on resolution authorizing conveyance of the east one-half of a twenty-foot wide by sixty feet long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street to Sue M. Travis and Andrew D. Robertson. No one appeared. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-180, AUTHORIZING CONVEYANCE OF THE EAST ONE-HALF OF A TWENTY-FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO SUE M. TRAVIS AND ANDREW D. ROBERTSON. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase the fine for parking tickets, increase monthly parking permit fees, and changing the parking ticket escalation, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by 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. 03-4085, REPEALING CHAPTER 7, "SMOKING IN FOOD ESTABLISHMENTS" OF TITLE 6, "PUBLIC HEALTH", OF THE CITY CODE, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Vanderhoef, that the ordinance amending Ordinance No. 00-3947, providing that general property taxes levied and collected each year on all property located within the amended Sycamore and First Avenue Urban Renewal Area of the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and other taxing districts, be paid to a special fund Complete Description June 10, 2003 Page 6 for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Sycamore and First Avenue Urban Renewal Redevelopment Project, be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance providing that general property taxes levied and collected each year on all property located within the Highway 6 Commercial Urban Renewal Project Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given second vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Council Member Wilburn left the meeting due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-181, AWARDING $15,000 IN FUNDS TO UNITED ACTION FOR YOUTH FOR PRE- EMPLOYMENT AND EMPLOYMENT TRAINING FOR AT-RISK YOUTH. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to defer the resolution to June 23. The Mayor declared the motion defeated, 2/4. With the following division of voice vote: Ayes: Kanner, Pfab. Nays: Lehman, Champion, O'Donnell, Vanderhoef. Abstaining: Wilburn. The Mayor declared the resolution adopted, 4/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Champion, Lehman. Nays: Pfab, Kanner. Abstaining: Wilburn. Council Member Wilbum returned and stated his conflict of interest on the next item and left the room. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-182, APPROVING FUNDING FOR THE INSTITUTE FOR SOCIAL AND ECONOMIC DEVELOPMENT FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote. Ayes: Vanderhoef, Champion, Kanner, Lehman, 0'D0nnell. Nays: Pfab. Abstaining: Wilburn. Council Member Wilbum returned to the meeting. Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-183, INCREASING BUILDING PERMIT FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT. Sr. Building Inspector Hennes present for discussion. Moved by Kanner, seconded by Pfab, to amend the ordinance to retain the $35 fee for the first $1000 evaluation. Individual Council Members expressed their views. The Mayor declared the amendment carried, 6/1, with the following voice vote: Ayes: Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Lehman. Absent: None. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. Moved by O'Donnell, seconded by Pfab, to accept Complete Description June 10, 2003 Page 7 correspondence from Boyd Crosby. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-184, ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT. Individual Council Members expressed their view. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Kanner, Lehman, O'Donnell, Vanderhoef. Nays: Pfab. Absent: None. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from M. Joan Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-185, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION PROJECT to Metro Pavers, Inc. for $2,945,692.62. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-186, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN EARTH TECH, INC. OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF THE MORMON TREK BOULEVARD FXTENSlON PROJECT. City Engr. Fosse present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-187, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2003 ASPHALT RESURFACING PROJECT to Cedar Valley Asphalt for $ 481,046.62. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-188, TO REMOVE BOARD MEMBER BEV SMITH FROM THE POLICE CITIZENS REVIEW BOARD DUE TO HER MISSING THREE CONSECUTIVE REGULAR MEETINGS ACCORDING TO THE CURRENT BY-LAWS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Champion, to adopt RES. 03-189, AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW BOARD TO CLARIFY THE ABSENCE POLICY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Pfab, to adopt RES. 03-190, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL NO. 183, AFL-CIO, TO BE EFFECTIVE JULY 1,2003, THROUGH JUNE 30, 2004. In response to Council Member Kanner, Asst. City Mgr. Helling reviewed provisions of the contract. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 03-191, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE Complete Description June 10, 2003 Page 8 IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO LOCAL #610, TO BE EFFECTIVE JULY 1,2003 THROUGH JUNE 30, 2004. In response to Council Member Kanner, Asst. City Mgr. Helling reviewed provisions of the contract. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-192, ESTABLISHING A CLASSIFICATION / COMPENSATION PLAN FOR CONFIDENTIAL / ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY04. Moved by Kanner to offer an amendment that those making between $50,000 and under $70,000 get one half the rate of increase suggested and those getting $70,000 plus get no raises this year. The Mayor declared the motion dead for lack of a second. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Council Member Wilburn left the meeting due to a conflict of interest. Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-193, REPEALING RESOLUTION 03-108 ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2004, BY 5%. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Champion. Nays: Kanner, Pfab. Abstaining: Wilburn. Council Member Wilburn returned to the meeting. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-194, REPEALING RESOLUTION 03-109 ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2004, BY 10% FOR ALL EVENTS BUT JUST JAZZ. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum, Champion. Nays: Kanner. Absent: None. Moved by Pfab, 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 #03-01. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the current vacancy: Library Board of Trustees for one vacancy to fill six-year terms July 1, 2003 - July 1, 2009. Correspondence included in Council packet. Applications must be received by 5:00 p.m., Wednesday, August 13. The Mayor noted the previously-announced vacancies: Housing and Community Development Commission for three vacancies to fill three-year terms September 1, 2003 - September 1, 2006. Police Citizens Review Board to fill one vacancy for a current or former Peace Officer to fill a four-year term September 1, 2003 - September 1, 2007. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer as that term is defined by State law. Applications must be received by 5:00 p.m., Wednesday, June 18. Airport Zoning Board of Adjustment for one appointment to fill an unexpired term ending December 31,2003. Staff will not publish additional notices after a period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additional publication costs will be incurred. Airport Zoning Commission for one appointment to fill an unexpired term ending December 31,2003. Staff will not publish additional notices after a Complete Description June 10, 2003 Page 9 period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additional publication costs will be incurred. Historic Preservation Commission for one vacancy for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. Applications must be received by 5:00 p.m., Wednesday, July 9. Council Member O'Donnell acknowledged the efforts of those attending the wet and cold ICARE breakfast June 8. Mayor Pro tern Vanderhoef noted that with the breakfast was the major fundraiser of the year for ICARE and reminded those unable to attend to consider making a contribution. Council Member Wilbum thanked Table to Table and KCJJ for the money raised for the Crisis Center. Council Member Kanner noted an article in the National League of Cities newsletter regarding legal immigrants now being eligible for food stamps, and asked if there was a way of helping get the word out. The City Manager will follow up.; wished his friend Bob a speedy recovery; noted the car co-op meeting scheduled for June 16th and FAIR meeting on June 19th; and made some corrections to information being distributed by Mid-American on electricity and rates. Mayor Pro tem Vanderhoef reported on her recent attendance at the Transportation and Infrastructure Steering Committee (TIS) meeting for the National League of Cities. Mayor Lehman noted he had received a call questioning whether the City would be asking the Governor for their share of the recent gambling money. The City Manager stated he was not optimistic any additional monies would be allocated. City Atty. Dilkes reminded Council that housing inspection enforcement is not directed to be punitive, and Iowa City fines are lower than authorized by State Code. Moved by Pfab, seconded by Q'Donnell, to adjourn special meeting at 8:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk