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HomeMy WebLinkAbout2003-09-23 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 SEPTEMBER 23, 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, Franklin, Boothroy, Knoche, Scott. Council minutes tape recorded on Tape 03-71, Both Sides; Tape 03-72, Side 1. The Mayor accepted a $10,000 check, for improvements of the Soccer Park with the cooperation of the Parks & Recreation Department, from John Oberg and Laura Graham representing the Iowa City Kickers. The Mayor proclaimed Fire Prevention Week, October 5-11. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended and to delete from the Consent Calendar and consider for separate consideration the following items: Item 4d(1) Official Financial Report for City Streets and Parking Program and Item 4d(2) a lease agreement with Elder Services, Inc. to operate the Elderly Nutrition Program: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 8 Special Work Session; September 9 Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Historic Preservation Commission - August 14. Historic Preservation Commission - August 28. Iowa City Airport Commission - July 15. Iowa City Airport Commission - August 14. Parks and Recreation Commission - August 13. Police Citizens Review Board - August 12 Recommendation: Accept PCRB Report on Complaint #03-01. Police Citizens Review Board - August 14. Public Art Advisory Board - August 7. Senior Center Commission - August 8 Recommendation: Accept proposed Council Resolution outlining the composition and duties of the Commission; accept proposed by-laws related to the composition, duties, and operation of the Commission and refer them to the Council Rules Committee for review; Accept the Elder Services, Inc. nutrition program lease as approved by the Commission and Elder Services, Inc. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for WR Restaurants Management, LLC, dba Minerva's Grill & Bar, 2208 N. Dodge St. Outdoor Service Area for WR Restaurants Management, LLC, dba Minerva's Grill & Bar, 2208 N. Dodge St. Renewals: Class C Beer Permit for Dan's Short Stop Corp., dba Dan's Short Stop Corp. 2221 Rochester Ave. Class C Beer Permit for Kum & Go, LC dba Kum & Go #52, 25 W. Burlington St. Class C Beer Permit for Kum & Go, LC dba Kum & Go #53,955 Mormon Trek Blvd. Class C Beer Permit for Hawkeye Oil Co., dba Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr. Class C Liquor License for Krore, Inc., dba Mclnnerney's, 161 Hwy 1 West. Outdoor Service Area for Krore, Inc., dba Mclnnerney's, 161 Hwy 1 West. RES. 03-290, TO ISSUE DANCE PERMIT for Weeks-Van Eck Post #3949 Veterans Of Foreign Wars of the U.S., dba Weeks-Van Eck Post #3949 Veterans Of Foreign Wars of the U.S., 609 Hwy 6 East. Resolutions: RES. 03-291, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR Complete Description September 23, 2003 Page 2 PROPERTY LOCATED 23 MONTROSE AVENUE, IOWA CITY, IOWA. RES. 03-292, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1027 MARKET STREET, IOWA CITY, IOWA. RES. 03-293, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT LOT 17 LONGFELLOW MANOR, IOWA CITY, IOWA. Correspondence: L. Craig Nierman regarding Notice of Intention to Commence Legal Action. Julie Spears regarding Patriot Act. Patricia Heiden (Oaknoll) regarding Appreciation. Dennis Kowalksi regarding Impeach Bush/Cheney/Rumsfeld. Kristin Johnson regarding Solar Panels in the Library. Steven Nelson regarding Sandusky Drive Stormwater Retention Area [staff response included]. David Robertson regarding Sandusky Storm Water Retention Area. Mike Smithey regarding Alcohol. Mary Todd regarding Iowa City's Pedestrian Mall [staff response included]. JCCOG Traffic Engineering Planner regarding Modification of On-Street Parking in the 200 Block of South Dubuque Street; Installation of One Bus Stop Sign on Mormon Trek Boulevard. Council Member Kanner requested reconsideration of a previous Council decision to not follow up on videotaping issues noted in the Police Citizen Review Board minutes of August 12, there was not a majority interested in reconsideration of the matter; stated his personal view that the Public Art Advisory Commission be made up of community members and not a combination of staff and the community, and that the City has not had problem in recruiting members to its Boards and Commissions and noted in their August 7 minutes, and urged the Commission to reconsider the matter; questioned additional compensation for the settlement with Mod Pod in additional to the four spaces. City Atty. Dilkes stated there was also a $6000 compensation package; Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-294, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Moved by Kanner, seconded by Pfab, to defer until October 14. PCD Director stated the report was due to the State by September 30. Council Member Kanner amended his motion to defer until a special meeting is scheduled prior to September 30. Individual Council Members expressed their views. The Mayor declared the motion to defer defeated, 2/5, with the following with the following division of vote: Ayes: Kanner, Pfab. Nays: Lehman, O'Donnell, Vanderhoef, Wilbum, Champion. Absent: None. The Mayor declared the resolution 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 Kanner, seconded by Champion, to adopt RES. 03-295, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT WITH ELDER SERVICES, INC. FOR SPACE AT THE SENIOR CENTER TO OPERATE THE ELDERLY NUTRITION PROGRAM. Jay Honohan, Senior Center Commission Chair, appeared. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Jay Honohan, Senior Center Commission Chair, updated Council on activities at the center. The following individuals appeared regarding Council action to monitor the use of the Patriot Act: Julie Spears, Iowa City Bill of Rights Defense Committee; Kathy Huedepohl, 319 E. Washington St., City Council At-Large Candidate; Garry Klein, 628 2nd Avenue; Hanna Weston, Bill of Rights Defense Committee and life member of ACLU; Caroline Dieterle; Holly Complete Description September 23, 2003 Page 3 Berkowitz, City Council At-Large Candidate; Evan Fales, 1215 Oakcrest; Brandon Ross, also raised concerns regarding pedestrian safety crossing Burlington Street; Karen Pease, 810 Benton Dr., also encouraged follow through on municipal power for the City; and Dawn Mueller, PO Box 1654, also reported on a community service event that cleaned 1300 pounds of junk from Ralston Creek in an hour and a half, and noted the increasing signs of homelessness in the community. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Ms. Mueller. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, that ordinance rezoning approximately 8.7 acres from Interim Development (ID-RS) to Sensitive Areas Overlay-Low Density Single- Family (OSA-5) located on the west side of Foster Road (Oakmont Estates), be given second vote. Original motion withdrawn. 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 the ordinance be voted on final at this time. The Mayor declared the motion to waive second reading defeated, 5/2, with the following division of roll call vote: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner and Pfab. Absent: None. Moved by Wilburn, seconded by Vanderhoef, that the ordinance be given second vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Pfab, Kanner. Absent: None. Moved by Champion, seconded by Vanderhoef, that ORD. 03-4097 CONDITIONALLY REZONING 5.69 ACRES FROM LOW-DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) TO LOW-DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) LOCATED AT 1715 MORMON TREK BOULEVARD (All Nations Baptist Church), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared ordinance adopted. Moved by Wilbum, 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. 03-4098 REPEALING TITLE 6, "PUBLIC HEALTH AND SAFETY," CHAPTER 1, "NUISANCES," SECTION 2, "PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED," SUBSECTION (Q), "VEHICLES ILLEGALLY PARKED, STORED, PLACED, OR KEPT ON PRIVATE PROPERTY," 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. Individual Council Members expressed their views. Moved by Wilburn, 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 O'Donnell, seconded by Champion, to adopt RES. 03-296, APPROVING THE 2003-2004 DEER MANAGEMENT PLAN FOR IOWA CITY. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Champion, to call the question. The Mayor declared the motion carried with the following show of hands, 6/1 (in accordance with RES. 00-117), Pfab voting "no", and Kanner abstaining (not voting). The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent: None. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Phil Bourjaily. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-297, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SCOTT PARK TRUNK SANITARY Complete Description September 23, 2003 Page 4 SEWER PROJECT to Bockenstedt Excavating for $ 216,381.60. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Kanner, to defer to October 14, resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Iowa Highway 1 (Dodge Street) / Northgate Drive Traffic Signal project. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Wilburn left the meeting due to a conflict of interest. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-298, AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT TO PURCHASE A SIX-UNIT APARTMENT BUILDING FROM GREATER IOWA CITY HOUSING FELLOWSHIP (GICHF) AND TO ASSIST GICHF IN THE FINANCING OF AFFORDABLE HOUSING IN THE PENINSULA. HIS Director Boothroy present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor declared the resolution adopted. Council Member Wilbum returned to the meeting. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-299, AMENDING THE BUDGETED POSITIONS IN THE SENIOR CENTER BY ADDING ONE HALF-TIME CLERICAL ASSISTANT - SENIOR CENTER POSITION. Jay Honohan, Senior Center Commission Chair, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Animal Care and Adoption Center Advisory Board for a three-year term January 1,2004 - December 31, 2006; Board of Adjustment for a five-year term January 1, 2004 - January 1, 2009; Board of Appeals for two vacancies (one Mechanical Professional) for five-year terms January 1, 2004 - December 31, 2008; Human Rights Commission for three vacancies to fill three-year terms January 1,2004 - January 1, 2007; Parks & Recreation Commission for two vacancies for four-year terms January 1, 2004 - January 1, 2008; Senior Center Commission for two vacancies for three- year terms January 1, 2004 - December 31, 2006. Applications must be received by 5:00 p.m., Wednesday, November 5. The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment for unexpired plus a five-year term ending December 31, 2008; Historic Preservation Commission for a Woodlawn District Rep for a three-year term March 29, 2003 - March 29, 2006; Housing and Community Development Commission for two vacancies for three-year terms September 1, 2003 - September 1, 2006; Human Rights Commission for two vacancies for unexpired terms ending January 1,2005 and the other ending January 1, 2006; Public Art Advisory Committee for one vacancy for an Art or Design Professional for an unexpired term plus a three-year term ending January 1,2007. Applications must be received by 5:00 p.m., Wednesday, October 8. Human Rights Commission for one vacancy to fill an unexpired term ending January 1, 2005. Applications must be received by 5:00 p.m., Wednesday, October 22. The Mayor noted the opportunities available on City Boards and Commissions, and encouraged citizens to contact the City Clerk's office or City Council for information. Council Member Champion requested Council schedule a work session to discuss the Patriot Act. Council agreed to add discussion of this item, and also schedule discussion of consideration of issues not under Council jurisdiction at the same meeting. It was noted that a number of issues were already scheduled for the October 13 work session and those items may have to be scheduled later. Council Member O'Donnell noted calls received on the number of skateboarders and bicycles on the pedestrian mall downtown, and requested staff follow up. Mayor Pro tem Vanderhoef reported on a recent non City paid visit to Ames, and stated she had the opportunity to see the progress on a project reclaiming some rock and Complete Description September 23, 2003 Page 5 sand quarries and making them into park amenities and train opportunities; stating her interest in exploring such a project here where the Mormon Trek extension crosses the river. Council Member Wilburn reminded the public that the United Way campaign was underway and urged citizens to consider supporting the campaign; and thanked individuals for utilizing the skateboard park. Council Member Kanner reminded citizens that the Council would be discussing the municipal power feasibility study at their next work session on October 13, and invited citizens to provide questions to staff and/or Council prior to that meeting; reported that a friend had been a victim of a hate crime, and urged everyone to continue to work on being an accepting community; requested Council schedule discussion of a recent memo outlining a new policy for rental housing inspections, Council was not interested in scheduling the matter at this time; noted a Stepping Up meeting on October 1 to from a task force working to eliminate or reduce the negative impact of high-risk drinking in Iowa City neighborhoods; encouraged neighborhoods to make a strong effort to involve renters as well as homeowners, and asked staff to find out what neighborhoods are making efforts to get the renters involved, staff will report back; noted the FY03 budget analysis, and questioned whether rates could be reduced for wastewater as a result of the reserve funds available, the City Manager stated the reserve was restricted; noted other interesting things contained in the FY03 budget analysis included a 27% increase in transit ridership, gas & electric tax is down 93%, and suggested using some landfill reserve funds to finance programs reducing waste and promoting recycling; acknowledged reports that Parks & Recreation would be recommending acceptance of 20 acres from the Sandhill Estate development, and volunteers would be planting prairie at the Water Works Prairie Park in November; encouraging voter participation in the City Council primary October 7; recommended Council schedule additional work sessions for discussing of pending issues prior to the end of the year; wished the Jewish community a Happy New Year. Mayor Lehman stated that recently he and Mayor Pro rem Vanderhoef flew to Ames for a presentation of IOWA attire to Mayor Tedasco after the Iowa victory over Iowa State, and their was no flight cost to the City; congratulated Council Member Wilburn on the anniversary of his 39th birthday; noted upcoming events such as the IOWA Homecoming week-end, the City/West football game, and the groundbreaking at Blooming Prairie scheduled for September 24. City Atty. Dilkes noted statements made by Council Member Kanner regarding municipal power issues and scheduling of special elections, and clarified that city officials can not request Attorney General's opinions. She indicated she had discussed the ambiguity and the statue with Commissioner of Elections Tom Slockett, and he may be requesting an AG's opinion, but she was not aware of it. Council Member Pfab stated that the municipal power study was available on the City website, under the September 18 information packet. Moved by O'Donnell, seconded by Wilburn, to adjourn special meeting 9:25 p.m. The Mayor declared the motion carried unanimously, 7/0/e~ Council Members j~resej~t. Ernest W. Lehman, Ma~or ' ~ MaClan K. Karr, City Clerk City of Iowa City MEMORANDUM Date: September 8, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 8, 2003, 6:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Boothroy, Fowler, Franklin, Kopping, McCafferty, Trueblood Tapes: 03-66 & 03-67, Both Sides (A complete transcription is available in the City Clerk's Office) ADDITION TO CONSENT CALENDAR Council agreed to addition of a Class C Liquor License for Takankami, 217 Iowa Avenue. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following matters: A. PUBLIC HEARING ON AN ORDINANCE REZONING APPROXIMATELY 8.7 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO SENSITIVE AREAS OVERLAY-LOW DENSITY SINGLE-FAMILY (OSA-5) LOCATED ON THE WEST SIDE OF FOSTER ROAD (OAKMONT ESTATES). (REZ03-00017/SUB03-00019). Council Member Kanner requested the percentage of new trees that survive prior to the hearing. B. CONSIDER AN ORDINANCE CONDITIONALLY REZONING 5,69 ACRES FROM LOW- DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) TO LOW-DENSITY MULTI-FAMILY RESIDENTIAL (RM-'I2) LOCATED AT 1715 MORMON TREK BOULEVARD. (REZ03- 00018) (ALL NATIONS BAPTIST CHURCH/SECOND CONSIDERATION) C. RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN PART 19. (SUB03- 00029) Franklin stated the applicant had requested indefinite deferral. AGENDA ITEMS 1. (Item #11 - Resolution awarding contract ... Court Street Transportation Center Project) Parking and Transit Mgr. Fowler stated the engineers estimate was $7,061,320. The Iow bid was from Knutson Construction with a base bid of $5,974,000. The City currently has $6.65 million on hand, noting that alternate bids for additional floors can be exercised up to six months. Council Work Session September 8, 2003 Page 2 2. (Item #7 - Public Hearing and resolution ... amending Section 8 Administrative Plan .... and Public Housing Admissions and Continued Occupancy Plan (ACOP) ...) HIS Director Boothroy present for discussion. 3. (Item #13- Resolution ... composition ... Senior Center Commission ... and Item #14- Resolution ... approving Senior Center Commission by-laws) Senior Center Commission Chair Jay Honohan present for discussion. City Atty. Dilkes stated that changes to membership, including the at-large appointment and residency and elector qualifications would be part of item #13 and not item #14 4. (Consent Calendar #b(1) - Animal Care and Adoption Center ... June 5) In response to Council Member Kanner, City Clerk Karr stated the Board would be contacting Coralville regarding attendance of their appointee Tom Gill. 5. (Consent Calendar #b(3) - Historic Preservation Commission... July 8) In response to Council Member Kanner, Planner McCafferty stated that the Commission had been informed it is best to make a motion in the affirmative and a memo from the Asst. City Atty. mentioned in the minutes would be provided to Council; and that a discussion regarding vinyl siding and all other changes would be presented to Council at their work session on September 22. Kanner requested that the changes be underlined when they are presented. 6. (Consent Calendar #d(5) - Resolution ... application for Certified Local Government Grant (CLG) ... proposed Downtown Historic District) Planner McCafferty present for discussion. Council Member Kanner indicated he would remove it for separate consideration. 7. (Consent Calendar #d(1) - Resolution ... arterial street traffic signal interconnection project) Council Member Kanner requested separate consideration of this item. 8. (Consent Calendar #e(7) - correspondence from Steve O'Donnell regarding water bill) City Mgr. present for discussion. Majority of Council requested staff contact Mr. O'Donnell regarding filing of a claim. 9. (Consent Calendar #e(6) - correspondence from Rod Sullivan regarding 2004 Iowa Caucuses) City Atty. Dilkes outlined her response to Mr. Sullivan. 10. (Item #10 - Resolution approving funding ... Deluxe Bakery ... Economic Development Fund ...) Council Member Pfab requested information on previous Council discussion on interest rates prior to voting. COUNCIL TIME 1. Council Member O'Donnell request discussion of traffic control events with the University. The matter will be scheduled for the September 22 work session. 2. Council Member Kanner noted that in the Annual Report from Boards and Commissions, the Board of Adjustment stated they were to make recommendations on amendments to the zoning chapter, and requested their input. Staffwill follow up. Council Work Session September 8, 2003 Page 3 3. Council Member Champion asked staff to look at the GilbertJlowa Avenue intersection, noting cars are often backed up to the ramp waiting to go around cars turning left on Gilbert. Staff will follow up. 4. In response to Council Member Pfab, the City Mgr. stated the pedestrian accident on Burlington Street was still under investigation. JC DOGPAC (Consent Calendar #el) Beth Shields, Johnson County Dog Park Action Committee, presented information. Parks & Recreation Director Trueblood and Animal Services Supr. Goodman present. STAFF ACTION: Research possible locations and bring back to Council. (Atkins) PCRB EVALUATION (IP2 of 9/4 Information Packet Police Citizens Review Board Chair Stratton presented an overview. STAFF ACTION: Schedule another evaluation in two years in accordance with ordinance. (Kart) VEHICLE STORAGE OPTIONS (Agenda Item #9) HIS Director Boothroy present for discussion. A majority of Council were not interested in pursuing the matter of storage of vehicles in the front yard at the time, and would wait for provisions in the new Development Code. SCHEDULE FOR REMAINDER OF 2003 Council agreed to the following schedule: November 10 - combined special work session and special formal November 24 - Special Work Session November 25 - Special Formal The December meeting schedule will be decided at the formal meeting the next evening. Start time of the September 22 work session, which includes a joint meeting with the Airport Commission will be 5:30 PM. Meeting adjourned 9:15 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 $ OFFICIA£ COUNCIL ACTIONS - 9/9/03 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Mayor Lehman reported citizens to vote in the School Board election, and polls were open another 58 minutes. The Mayor proclaimed: Assisted Living Week, September 7- 13; Constitution Week, September 17 - 25, Sabrina Alberhasky and son J.D. accepting; American Heart Association Day, September 28, Kathi Cleppe accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended and to delete from the Consent Calendar and consider as separate consideration the following items: Items 3d(1) resolution filing an application Arterial Street Traffic Signal Interconnection project; 3d(5) resolution filing an application for National Register of Historic Places Nominations for Downtown; 3d(18) No parking signs on Oakcrest Street: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 18 Regular Council Work Session; August 19 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Animal Care and Adoption Center Advisory Board - June 5. Iowa City Civil Service Commission - August 26. Iowa City Historic Preservation Commission - July 8. Iowa City Historic Preservation Commission - July 24. Iowa City Board of Adjustment - July 9. Iowa City Public Library - July 24. Iowa City Telecommunications Commission - July 28. Rules Committee - August 21. Recommendation: Approve changes as recommended in Board of Appeals minutes of August 4; Approve changes as recommended by Senior Center Commission in minutes of August 8. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Los Portales, 1402 S. Gilbert St. Outdoor Service Area for Okoboji Grill, 1857 Lower Muscatine Rd. Class C Liquor License for Takanami Restaurant, 217 Iowa Ave. Renewals: Class C Liquor License for Mumm's Saloon & Eatery, 21 W. Benton St. Outdoor Service Area for Mumm's Saloon & Eatery, 21 W. Benton St. Special Class C Liquor License for Motley Cow Cafb,327 E. Market St. Class C Beer Permit for Gasbys, 1310 S. Gilbert St. Class C Liquor License for Diamond Dave's, 201 S. Clinton St. Outdoor Service Area for Diamond Dave's, 201 S. Clinton St. Special Class C Liquor License for Baldy's Wraps, 18 S. Clinton St. Resolutions: RES. 03-277, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LIBERTY BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED 434 WESTSIDE DRIVE, IOWA CITY, IOWA. RES. 03-278, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE Official Actions September 9, 2003 Page 2 CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED 428 FIFTH AVENUE, IOWA CITY, IOWA. RES. 03-279, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1211 SHERIDAN AVENUE, IOWA CITY, IOWA. RES. 03-280, ACCEPTING THE WORK FOR THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. Correspondence: Johnson County Dog Park Action Committee regarding Proposal to Develop an Off-Leash Recreation Area in Iowa City. Dog Park: Bobby Jett, Norma Jett, Melissa Broderson, Judith McPartland, Kathleen Janz, Karen Torno Fashimpaur, Paula Boback, Ken and Kay Ackerson, Katie Imborek. Susan McAndrew regarding Mediacom. David Campbell regarding Things to Do in Downtown Iowa City? Rod Sullivan regarding 2004 Iowa Caucuses [staff response included]. Steve O'Donnell regarding Water Bill. Terri Byers regarding Downtown Transit Office Closure. Michael Crane regarding Binge Drinking. Steve Bemboom (Silvercrest Legacy Pointe) regarding Groundbreaking and Ribbon Cutting Ceremony. Joan Smith regarding Refuse Collection [staff response included]. Bill Larson regarding Maintenance of Mormon Trek Blvd Grass [staff response included]. Jamie Johnson regarding Hoops Tournament [staff response included]. Amy Miller (Links Gentlemen's Club) regarding Adult Club. David Findley (Iowa Fire Equipment Company) regarding Iowa City Ordinance. James Thomas regarding Vicious Stereotypes in Polite Society. Baron Thrower (Airport Commission) regarding Airport Business Solutions Report [staff response included]. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME Signs on the Cul-de-Sac Bulb of Miller Avenue. Patricia Heiden regarding parking on Oakcrest Street. Sue Forde regarding Dog Paddle. Game Day Traffic: John Groteluschen, Joe Wegman, Mel Sunshine. The Mayor declared the motion carried. Moved and seconded to amend the installation to December 1, of NO PARKING 8 A.M. - 5 P.M. MON-FRI Signs on the South Side of Oakcrest Street between Sunset Street and George Street. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-281, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE ARTERIAL STREET TRAFFIC SIGNAL INTERCONNECTION PROJECT. Moved and seconded to defer indefinitely a resolution authorizing the Historic Preservation Commission to file an application for a certified local government (CLG) grant to obtain funds for the purpose of preparing a national register of historic places nomination for the proposed downtown historic district. The Mayor declared the motion carried. Sherry Christoffer appeared regarding public education of service dogs. Council directed Ms. Christoffer to Human Rights staff, and suggested the City Manager provide information to the Chamber of Commerce for an article in an upcoming newsletter. Mike Porter, 760 Forest Edge Dr. (C) provided information on underage drinking, arrest, and liquor sales since the passage of the under 19 ordinance. Holly Berkowitz presented issues she would be focusing on as a City Council candidate. A public hearing was held on an ordinance rezoning approximately 8.7 acres from Interim Development (ID-RS) to Sensitive Areas Overlay-Low Density Single- Family (OSA-5) located on the west side of Foster Road. Official Actions September 9, 2003 Page 3 Moved and seconded that the ordinance conditionally rezoning 5.69 acres from Low-Density Single-Family Residential (RS-5) to Low-Density Multi-Family Residential (RM-12) located at 1715 Mormon Trek Boulevard, be given second vote. The Mayor declared the motion carried. Moved and seconded to defer indefinitely the resolution approving the final plat of Village Green Part 19. The Mayor declared the motion carried. A public hearing was held on the Iowa City Housing Authority amended Public Housing Admissions and Continued Occupancy Plan (ACOP). Moved and seconded to accept correspondence from Christine Mollenkopf-Pigsley. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-282, TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). A public hearing was held on the Iowa City Housing Authority amended Section 8 Administrative Plan. Moved and seconded to accept correspondence from Candace Peters, form letter received from 5 individuals. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-283, TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN. A public hearing was held on conveyance of 1926 Broadway Street and 1946 Broadway Street to Hawkeye Area Community Action Program (HACAP) by amending the real estate contract executed on November 21, 1995, for the sale of 1926 Broadway Street and 1946 Broadway Street. Council Member Wilburn left the meeting due to a conflict of interest. Moved and seconded to adopt RES. 03-284, AUTHORIZING CONVEYANCE OF 1926 BROADWAY STREET AND 1946 BROADWAY STREET TO HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) BY AMENDING THE REAL ESTATE CONTRACT EXECUTED ON NOVEMBER 21, 1995, FOR THE SALE OF 1926 BROADWAY STREET AND 1946 BROADWAY STREET. Council Member Wilbum returned to the meeting. Moved and seconded, that the ordinance repealing Title 6, "Public Health and Safety," Chapter 1, "Nuisances," Section 2, "Public Nuisance defined; Public Nuisances enumerated," Subsection (Q), "Vehicles Illegally Parked, Stored, Placed, or Kept on Private Property," 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. 03-4096 AMENDING TITLE 8, "POLICE REGULATIONS," CHAPTER 8, "POLICE CITIZENS REVIEW BOARD," SECTION 8, ENTITLED "BOARD COMPOSITION; LIMITED POWERS OF THE BOARD," TO PROVIDE THAT PEACE OFFICERS EMPLOYED AS SUCH BY THE CITY OF IOWA CITY WITHIN FIVE YEARS OF THE APPOINTMENT DATE SHALL NOT BE APPOINTED TO THE BOARD, 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 to adopt RES. 03-285, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT STREET TRANSPORTATION CENTER PROJECT. Council Member Wilburn left the meeting due to a conflict of interest. Official Actions September 9, 2003 Page 4 Moved and seconded to adopt RES. 03-286, APPROVING FUNDING FOR DELUXE BAKERY FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS THE 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. 03-287, RESCINDING RESOLUTION NO. 94-309 AND ADOPTING IN LIEU THEREOFA NEW RESOLUTION MODIFYING THE COMPOSITION OF A SENIOR CENTER COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS AND AUTHORITY OF SAID COMMISSION. Moved and seconded to amend the resolution that the at-large appointment be from outside the city limits and be an eligible elector. The Mayor declared the motion to amend carried. Jay Honohan, Senior Center Commission chair, appeared. Moved and seconded to adopt RES. 03-288, APPROVING BY-LAWS OF THE SENIOR CENTER COMMISSION. Moved and seconded to adopt RES. 03-289, APPROVING BY-LAWS OF THE BOARD OF APPEALS. Moved and seconded to grant an additional 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #03-02. The Mayor declared the motion carried. Moved and seconded to grant a 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on complaint #03-04. The Mayor declared the motion carried. The Mayor noted the current Human Rights Commission vacancy for an unexpired term ending January 1,2005. Correspondence to staff included in Council packet. Applications must be received by 5:00 p.m., Wednesday, October 22, 2003. The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment for an unexpired plus a five-year term ending December 31,2008; Historic Preservation Commission for a Woodlawn District Rep for a three-year term March 29, 2003 - March 29, 2006; Housing and Community Development Commission two vacancies for three-year terms September 1, 2003 - September 1, 2006; Human Rights Commission two vacancies for unexpired terms, one ending January 1,2005 and the other ending January 1,2006; Public Art Advisory Committee for an Art or Design Professional for an unexpired term plus a three-year term ending January 1,2007. Applications must be received by 5:00 p.m., Wednesday, October 8, 2003. Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred. Moved and seconded to adjourn 9:00 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Mari~ K. Karr, C)t,y Cl~r~ Submi~'~ed for publication - 9/~ 7/03. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 9, 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, Franklin, Davidson, Kopping, Nasby, Rackis, Fowler. Council minutes tape recorded on Tape 03-62; Side 2; Tape 03-68, Both Sides. Mayor Lehman reported citizens to vote in the School Board election, and polls were open another 58 minutes. The Mayor proclaimed: Assisted Living Week, September 7 - 13; Constitution Week, September 17 - 25, Sabrina Alberhasky and son J.D. accepting; American Heart Association Day, September 28, Kathi Cleppe accepting. Moved by O'Donnell, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended and to delete from the Consent Calendar and consider as separate consideration the following items: Items 3d(1) resolution filing an application Arterial Street Traffic Signal Interconnection project; 3d(5) resolution filing an application for National Register of Historic Places Nominations for Downtown; 3d(18) No parking signs on Oakcrest Street: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 18 Regular Council Work Session; August 19 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Animal Care and Adoption Center Advisory Board - June 5. Iowa City Civil Service Commission - August 26. Iowa City Historic Preservation Commission ~ July 8. Iowa City Historic Preservation Commission - July 24. Iowa City Board of Adjustment - July 9. Iowa City Public Library - July 24. Iowa City Telecommunications Commission - July 28. Rules Committee - August 21. Recommendation: Approve changes as recommended in Board of Appeals minutes of August 4; Approve changes as recommended by Senior Center Commission in minutes of August 8. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Los Portales, Inc., dba Los Portales, 1402 S. Gilbert St. Outdoor Service Area for Okoboji lC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd. Class C Liquor License for Takanami, LLC, dba Takanami Restaurant, 217 Iowa Ave. Renewals: Class C Liquor License for JS Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St. Outdoor Service Area for JS Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St. Special Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafb,327 E. Market St. Class C Beer Permit for FAP Enterprises dba Gasbys, 1310 S. Gilbert St. Class C Liquor License for Diamond Dave's Mexican Restaurants, Inc., dba Diamond Dave's, 201 S. Clinton St. Outdoor Service Area for Diamond Dave's Mexican Restaurants, Inc., dba Diamond Dave's, 201 S. Clinton St. Special Class C Liquor License for Tropical Chill, Inc., dba Baldy's Wraps, 18 S. Clinton St. Resolutions: RES. 03-277, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LIBERTY BANK, IOWA CITY, Complete Description September 9, 2003 Page 2 IOWA FOR PROPERTY LOCATED 434 WESTSIDE DRIVE, IOWA CITY, IOWA. RES. 03-278, 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, CORALVILLE, IOWA FOR PROPERTY LOCATED 428 FIFTH AVENUE, IOWA CITY, IOWA. RES. 03-279, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1211 SHERIDAN AVENUE, IOWA CITY, IOWA. RES. 03-280, ACCEPTING THE WORK FOR THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. Correspondence: Johnson County Dog Park Action Committee regarding Proposal to Develop an Off-Leash Recreation Area in Iowa City. Dog Park: Bobby Jett, Norma Jett, Melissa Broderson, Judith McPartland, Kathleen Janz, Karen Torno Fashimpaur, Paula Boback, Ken and Kay Ackerson, Katie Imborek. Susan McAndrew regarding Mediacom. David Campbell regarding Things to Do in Downtown Iowa City? Rod Sullivan regarding 2004 Iowa Caucuses [staff response included]. Steve O'Donnell regarding Water Bill. Terri Byers regarding Downtown Transit Office Closure. Michael Crane regarding Binge Drinking. Steve Bemboom (Silvercrest Legacy Pointe) regarding Groundbreaking and Ribbon Cutting Ceremony. Joan Smith regarding Refuse Collection [staff response included]. Bill Larson regarding Maintenance of Mormon Trek BIvd Grass [staff response included]. Jamie Johnson regarding Hoops Tournament [staff response included]. Amy Miller (Links Gentlemen's Club) regarding Adult Club. David Findley (Iowa Fire Equipment Company) regarding Iowa City Ordinance. James Thomas regarding Vicious Stereotypes in Polite Society. Baron Thrower (Airport Commission) regarding Airport Business Solutions Report [staff response included]. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME Signs on the Cul-de-Sac Bulb of Miller Avenue. Patricia Heiden regarding parking on Oakcrest Street. Sue Forde regarding Dog Paddle. Game Day Traffic: John Groteluschen, Joe Wegman, Mel Sunshine. Affirmative roll call vote unanimous, all Council Members. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to amend the installation to December 1, of NO PARKING 8 A.M. - 5 P.M. MON-FRI Signs on the South Side of Oakcrest Street between Sunset Street and George Street. Asst. PCD Director Davidson present for discussion. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kanner, seconded by Champion, to adopt RES. 03-281, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE ARTERIAL STREET TRAFFIC SIGNAL INTERCONNECTION PROJECT. PCD Director Davidson present for discussion. Individual Council Members expressed their views. 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. Moved by Kanner, seconded by Champion, to adopt a resolution authorizing the Historic Preservation Commission to file an application for a certified local government (CLG) grant to obtain funds for the purpose of preparing a national Complete Description September 9, 2003 Page 3 register of historic places nomination for the proposed downtown historic district. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by O'Donnell, that the resolution be deferred indefinitely. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Wilburn, Kanner, Lehman, O'Donnell, Vanderhoef. Nays: Champion, Pfab. Absent: None. Sherry Christoffer appeared regarding public education of service dogs. Council directed Ms. Christoffer to Human Rights staff, and suggested the City Manager provide information to the Chamber of Commerce for an article in an upcoming newsletter. Mike Porter, 760 Forest Edge Dr. (C) provided information on underage drinking, arrest, and liquor sales since the passage of the under 19 ordinance. Holly Berkowitz presented issues she would be focusing on as a City Council candidate. A public hearing was held on an ordinance rezoning approximately 8.7 acres from Interim Development (ID-RS) to Sensitive Areas Overlay-Low Density Single- Family (OSA-5) located on the west side of Foster Road (Oakmont Estates). No one appeared. Moved by Champion, seconded by Wilburn, that the ordinance conditionally rezoning 5.69 acres from Low-Density Single-Family Residential (RS-5) to Low- Density Multi-Family Residential (RM-12) located at 1715 Mormon Trek Boulevard, be given second vote (All Nations Baptist Church). 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 defer indefinitely the resolution approving the final plat of Village Green Part 19. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the Iowa City Housing Authority amended Public Housing Admissions and Continued Occupancy Plan (ACOP). No one appeared. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Christine Mollenkopf-Pigsley. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 03-282, TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). Housing Adm. Rackis present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the Iowa City Housing Authority amended Section 8 Administrative Plan. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Candace Peters, form letter received from 5 individuals. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-263, TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on conveyance of 1926 Broadway Street and 1946 Broadway Street to Hawkeye Area Community Action Program (HACAP) by amending the real estate contract executed on November 21, 1995, for the sale of 1926 Broadway Street and 1946 Broadway Street. No one appeared. Council Member Wilburn left the meeting due to a conflict of interest. Complete Description September 9, 2003 Page 4 Moved by O'Donnell, seconded by Pfab, to adopt RES. 03-284, AUTHORIZING CONVEYANCE OF 1926 BROADWAY STREET AND 1946 BROADWAY STREET TO HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) BY AMENDING THE REAL ESTATE CONTRACT EXECUTED ON NOVEMBER 21, 1995, FOR THE SALE OF 1926 BROADWAY STREET AND 1946 BROADWAY STREET. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor declared the resolution adopted. Council Member Wilburn returned to the meeting. Moved by Wilbum, seconded by Champion, that the ordinance repealing Title 6, "Public Health and Safety," Chapter 1, "Nuisances," Section 2, "Public Nuisance defined; Public Nuisances enumerated," Subsection (Q), "Vehicles Illegally Parked, Stored, Placed, or Kept on Private Property," 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 O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 03-4096 AMENDING TITLE 8, "POLICE REGULATIONS," CHAPTER 8, "POLICE CITIZENS REVIEW BOARD," SECTION 8, ENTITLED "BOARD COMPOSITION; LIMITED POWERS OF THE BOARD," TO PROVIDE THAT PEACE OFFICERS EMPLOYED AS SUCH BY THE CITY OF IOWA CITY WITHIN FIVE YEARS OF THE APPOINTMENT DATE SHALL NOT BE APPOINTED TO THE BOARD, 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: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. 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 Vanderhoef, seconded by Wilburn, to adopt RES. 03-285, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT STREET TRANSPORTATION CENTER PROJECT to Knutson Construction Services for $5,974,000.00. The Mayor declared the resolution adopted, 611, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Nays: Kanner. Absent: None. Council Member Wilburn left the meeting due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-286, APPROVING FUNDING FOR DELUXE BAKERY FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT- ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Individual Council Members expressed their views. Applicant Jamie Powers appeared. Affirmative roll call vote unanimous, 6/0, Wilbum abstaining. The Mayor declared the resolution adopted. Council Member Wilbum returned to the meeting. Moved by Champion, seconded by Wilburn, to adopt RES. 03-287, RESCINDING RESOLUTION NO. 94-309 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION MODIFYING THE COMPOSITION OF A SENIOR CENTER COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS AND AUTHORITY OF SAID Complete Description September 9, 2003 Page 5 COMMISSION. Moved by Champion, seconded by Vanderhoef, to amend the resolution that the at-large appointment be from outside the city limits and be an eligible elector. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Moved by Kanner, seconded by Pfab, to amend the resolution to provide a representative from each public government entity that contributes $50,000 or more a year through the operation or the capital fund. Jay Honohan, Senior Center Commission chair, appeared. Individual Council Members expressed their views. The Mayor declared the amendment defeated, 2/5, Champion, Lehman, O'Donnell, Vanderhoef, Wilburn voting "no". The Mayor declared the resolution adopted as amended, 5/2, with the following division of roll call vote. Ayes: Lehman, ©'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab, Kanner. Absent: None. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 03-288, APPROVING BY-LAWS OF THE SENIOR CENTER COMMISSION. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Kanner, Lehman. Nays: Pfab. Absent: None. Moved by Wilbum, seconded by Vanderhoef, to adopt RES. 03-289, APPROVING BY-LAWS OF THE BOARD OF APPEALS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Pfab, to grant an additional 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #03-02. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, to grant a 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on complaint #03-04. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the current Human Rights Commission vacancy for an unexpired term ending January 1, 2005. Correspondence to staff included in Council packet. Applications must be received by 5:00 p.m., Wednesday, October 22, 2003. The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment for an unexpired plus a five-year term ending December 31,2008; Historic Preservation Commission for a Woodlawn District Rep for a three-year term March 29, 2003 - March 29, 2006; Housing and Community Development Commission two vacancies for three-year terms September 1, 2003 - September 1, 2006; Human Rights Commission two vacancies for unexpired terms, one ending January 1,2005 and the other ending January 1,2006; Public Art Advisory Committee for an Art or Design Professional for an unexpired term plus a three-year term ending January 1,2007. Applications must be received by 5:00 p.m., Wednesday, October 8, 2003. Staff will not publish additional notices after a period of six publications; but will continue to adver[ise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred. Council Member Champion questioned the removal of "To protect and serve" logo from police cars, City Mgr. will follow up; stated the Shelter house is seeking individuals to host information coffees on moving the shelter to a larger location, and asked anyone interested to contact the Shelter or herself. Council Member O'Donnell thanked all four School Board candidates for offering to serve on the Board; and encouraged citizens to get involved in the political process and listen to what is being said. Complete Description September 9, 2003 Page 6 Council Member Wilburn noted the final Friday night Concert scheduled for September 12; Iowa Women's Music Festival on September 13; Leukemia and Lymphoma Light the Night Walk on September 13; and announced volunteers are needed to conduct a biological and stream assessment of Old Man's Creek and Clear Creek on September 20, interested folks should contact Dave Ratliff. Council Member Kanner requested information on the School Board election, the City Mgr. stated results were not available; noted the new signs and name of City Hall; asked planning staff to keep local groups involved in review of the new development code; referenced PCRB public report on complaint #03-03, and videotaping concerns, and requested further information. A majority of Council were not interested in additional information. Mayor Lehman reminded citizen if the Human Rights Breakfast scheduled for September 25 at 7:30 AM, tickets are available at the Information Desk; noted the Iowa-Iowa State football game on September 13 and stated the Mayor of the losing City/University would be wearing the opponents football jersey at the next Council meeting. City Manager Atkins announced that the University of Iowa Department of Public Safety and Iowa City Police met and City Police will be assisting in traffic control. Council requested the matter of police support for university events should be placed on the pending list for discussion after University football and basketball seasons. Council confirmed their meeting schedule for the remainder of the 2003 year as follows: October 13/14; October 27/28; November 10 (combined work session and formal); November 24/25; and December 15/16. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 9:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk