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HomeMy WebLinkAbout2003-10-14 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 OCTOBER 14, 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, Holecek, Karr, Franklin, Dolan, Herring, Knoche. Council minutes tape recorded on Tape 03-72. Side: 2; Tape 03-75, Both Sides. The Mayor proclaimed: Pilot International Day - October 18; Domestic Violence Awareness Month - October 18, Laurie Nash accepting; United Nations Day - October 24, Mary Lanaghan, Kirkwood Literacy Coordinator accepting; Child Protection Day - October 25; Change Your Clock, Change Your Battery Day - October 26, Lt. Dolan, Fire Department accepting. The Mayor presented a Certificate of Achievement for Excellence in Financial Reporting - Fiscal Year Ended June 30, 2002, Erin Herting accepting. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Cassie Jenn, Erin Richmond, Garret DeNeve. 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 5f(5) resolution authorizing the filing of an application with Iowa Department of Transportation for funding from the Iowa Clean Air Attainment Program for the Arterial Street Traffic Signal Interconnection project and Item 5f(9) a resolution establishing a new Commercial Driver's License Substance Abuse Prevention program: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. September 22 Special Council Formal Official and Complete. September 22 Special Work Session. September 23 Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Housing and Community Development Commission - June 19. Iowa City Public Library Board of Trustees - August 28. Iowa City Telecommunications Commission - August 25. Parks and Recreation Commission - September 10. Planning and Zoning Commission - August 7. Planning and Zoning Commission - September 18. Public Art Advisory Committee - September 4. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St. Renewals: Class C liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington St. Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E. College St. Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St. Class C Liquor License for Mondo's of Iowa City, Inc., dba Mondo's, 212 S. Clinton St. Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St. Class C Beer Permit for Kum & Go, LC, dba Kum & Go #51,323 E. Burlington St. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Gas #1,260 Stevens Dr. Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St. Class C Beer Permit for Nordstrom Oil Company dba Sunset HandiMart, 1410 Willow Creek Dr. Class C Beer Permit for Deli Mart, Corp., dba Deli Mart #5, 206 E. Benton St. Class C Beer Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave. Refund an unused portion of a Special Class C Liquor License for OM, Inc., dba Masala, 9 S. Complete Description October 14, 2003 Page 2 Dubuque St. RES. 03-300, TO ISSUE DANCE PERMIT Mondo's of Iowa City, Inc., dba Mondo's, 212 S. Clinton St. Motions: approve disbursements in the amount of $17,231,801.32 for the period of July 1 through July 31,2003, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 03-301, SETTING A PUBLIC HEARING FOR OCTOBER 28 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PARK BUTLER HOUSE/AMPHITHEATER TRAILS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 03-302, FIXING DATE FOR A MEETING (October 28) ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,925,000 OF GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION AND NOTICE THEREOF. RES. 03-303, FIXING DATE FOR A MEETING (October 28) ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $360,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION AND NOTICE THEREOF. RES. 03-304, FIXING DATE FOR A MEETING (October 28) ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $585,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION AND NOTICE THEREOF. RES. 03-305, FIXING DATE FORA MEETING (October 28) ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FORA GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION AND NOTICE THEREOF. RES. 03-306, INTENT TO CONVEY A TWENTY FOOT WIDE BY SEVENTY-SEVEN FOOT LONG VACATED PORTION OF THE ALLEY BETWEEN AND ADJACENT TO LOTS 2 AND 7, BLOCK 9, COUNTY SEAT ADDITION, WHICH IS LOCATED BETWEEN SOUTH DUBUQUE AND LINN STREETS, TO UNIVERSITY VIEW PARTNERS, LARJ PROPERTIES AND JALIL & MAHROOYEH MOSTAFAVI, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 25, 2003. Resolutions: RES. 03-307, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 407 TERRACE ROAD, IOWA CITY, IOWA. RES. 03-308, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1426 PLUM STREET, IOWA CITY, IOWA. RES. 03-309, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA. RES. 03-310, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307 AND/OR 5309, TO BE USED FOR FY2004 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING. RES. 03-311, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE. RES. 03-312, ACCEPTING THE WORK FOR THE WATERWORKS PARK TRAILHEAD PARKING PROJECT. RES. 03-313, ACCEPTING THE WORK FOR THE SCOTT BOULEVARD EXTENSION - ACT TO ROCHESTER AVENUE, F/K/A SCOTT BOULEVARD Complete Description October 14, 2003 Page 3 EXTENSION PHASE IV PROJECT. Correspondence: Jeff Funcke regarding Deer [staff response included]. Dawn Mueller regarding Energy Bill Being Considered by House and Senate. John Longsworth regarding Alzheimer's Disease. Christopher Noun regarding Good Spirit Youth Clubs International. Richard Kautz (IDOT) regarding Proposed Patching Project on Interstate 80. B. Adam Burke regarding Cable. Boyd Crosby (Home Builders Association) regarding Development Code regarding Residential Design Standards [staff response included]. A. Denita Gadson regarding Diabetes Awards Banquet. Tim Laehn regarding Welcome Packets. Ali Pignotti regarding Binge Drinking [staff response included]. Eve Casserle regarding October 6 Candidates Forum. Public Power - Charles Conrad (MidAmerican Energy), Rod Sullivan. Patriot Act - Petition with 120 signatures, Rachel Beck, Angela Christiansen, Cara Harris [staff response included], Crockette Grabbe, Tom Carsner, Garry Klein, Angela Christiansen, Holly Berkowitz, form letter from 38 individuals. Carolyn Cavitt and Jim Clayton (The Stepping Up Project) regarding Underage Drinking (2). Mike Porter regarding Community Relations Officer. In response to Council Member Kanner, PCD Director Franklin present for discussion of the art purchases for public building mentioned in the bond sale; and concerns at the Sand Hill development site. 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. 03-314, REPEALING RESOLUTION 03-281 AND 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. 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, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-315, RESCINDING THE 1999 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL, AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to set a public hearing for October 28 on an ordinance rezoning approximately 13,500 square feet from Central Business Service (CB-2) zone to planned high density residential (PRM) located at 512 S. Dubuque Street (University View Partners). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, to set a public hearing for October 28 on an ordinance vacating a portion of the alley located to the east of 512 S. Dubuque Street (University View Partners). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, that ORD. 03-4099, 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 passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Pfab, to defer indefinitely the resolution approving the preliminary and final plat of Oakmont Estates. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description October 14, 2003 Page 4 Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered on 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 first consideration and vote be waived, and that ordinance the amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Subsection 7 "Parking Violations" of the City Code to increase monthly parking permit fees for city employee lot permits, be given second vote. 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. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be given second vote for consideration at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Pfab, to adopt RES. 03-316, APPROVING THE GENERAL CONCEPT FOR THE LONGFELLOW NEIGHBORHOOD ART PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilbum, seconded by Pfab, to adopt RES. 03-317, APPROVING THE GENERAL CONCEPT FOR THE GOOSETOWN NEIGHBORHOOD ART PROJECT. 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 adopt RES. 03-318, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE IMPROVEMENT AND SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS, L.L.C. The following individuals appeared: William Boos, 427 E. Davenport St.; Jim Knapp, 526 Rundell St.; Holly Hart; Holy Berkowitz, 612 Granada Ct.; James Thomas; Brett Castillo, 214 S. Summit St.; and Ollie Habhab. Individual Council Members expressed their views. Moved by Champion, seconded by O'Donnell, 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: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Marc Moen and Jim Knapp. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-319, 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 to KWS, Inc. for $11,769.00. 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. 03-320, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE CITY OF CORALVILLE, AND SOUTHGATE DEVELOPMENT COMPANY REGARDING CERTAIN OBLIGATIONS INVOLVING THE DESIGN OF CAMP CARDINAL ROAD. 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 Vanderhoef, seconded by O'Donnell, to make the following appointments to Boards and Commissions: John Staley, 314 Beldon Avenue, to the Airport Commission to fill an unexpired term ending March 1,2006; James McCue, 447 S. Summit, and Catherine Fribley, 1725 F Street, to the Human Rights Commission to fill unexpired terms ending January 1,2006 and the other ending January 1,2005 respectfully; Mark Seabold, 307 Complete Description October 14, 2003 Page 5 College Court, to the Public Art Advisory Committee for an Art or Design Professional to fill an unexpired plus a three-year term ending January 1,2007. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that the vacancy on the Airport Zoning Board of Adjustment to fill an unexpired plus a five-year term ending December 31,2008, will be readvertised. No applications were received for the Historic Preservation Commission for a (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006. Staff will not publish additional notices after a period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additional publication costs will be incurred. Council Member Wilburn left meeting due to a conflict of interest. Moved by Pfab, seconded by Champion, to appoint Michelle Mackel-Wiederanders, 1023 Friendly Avenue, and Erin Barnes, P. O. Box 812, to the Housing & Community Development Commission to fill two three-year terms September 1,2003 - September 1, 2006. The Mayor declared the motion carried, 6/0, Wilbum abstaining. Council Member Wilburn returned to the meeting. The Mayor announced the following vacancy: Police Citizens Review Board for an unexpired term ending September 1,2005. Applications must be received by 5:00 p.m., Wednesday, November 19. The Mayor noted the previously announced vacancies: Human Rights Commission for an unexpired term ending January 1,2005. Applications must be received by 5:00 p.m., Wednesday, October 22. Animal Care & 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) to fill 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 to fill four-year terms January 1,2004 - January 1,2008; Senior Center Commission for two vacancies to fill three-year terms January 1,2004 - December 31,2006. Applications must be received by 5:00 p.m., Wednesday, November 5. Council Member O'Donnell congratulated Jerry Hansen on receiving the Governor's Service Award. Mayor Pro tern Vanderhoef reported on the open house and ribbon cutting at the City sewer plant, and encouraged citizens to explore the new drainage-way area. Council Member Wilburn noted recent Council discussion on the Patriot Act and Council's decision to pursue a letter of concern, and stated his interest in including a requirement that the Chief of Police report to Council on any inquiries from the feds under the guise of the Patriot Act similar to use of force reports presented to Council. Asst. City Atty. H01ecek will report back; thanked the Iowa City School Bistrict for coordinating the barriers to learning meeting attended by community organizations and individuals. Council Member Kanner noted the Telecommunications minutes and the reference that the Senior Center Program and requested a memo clarifying the proposed changes; requested Council schedule discussion of prohibiting people smoking within 20 feet of City Hall. Council concurred to add the item to a future work session agenda; thanked teacher Carrie Watson at the Senior Alternate High School for inviting him to attend a local politics class; thanked teacher Alisa Meggitt at Lucas Elementary for inviting him to do morning announcements and interact with her 5th grade class; and thanked Parks & Recreation Commission for sponsoring annual parks and facilities tour. Mayor Lehman acknowledged individuals who chose to run for public office. City Manager Atkins reported he had been selected to attend a conference next week in Des Moines with the Public Strategies Group regarding reinventing government; and Complete Description October 14, 2003 Page 6 announced the City had received a $80,000 REAP grant for seeding of prairie grass and wildflowers at Waterworks Park. Moved by O'Donnell, seconded by Wilburn, to adjourn special meeting 8:50 p.m. The Mayor declared the motion carried unanimously, ~l~l M~~t. ~.~~ ¢¢~J'~ Ernest W. Lehman, Mayor Man'~an K. Kar~:, Ci[y Clerk 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 - 9/22/03 Iowa City City Council special meeting, 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Moved and seconded 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, be given first vote. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting at 6:35 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Ka.rr, City Clerk , ,, Submitted for cation - 9/30/03. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 9/23/03 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. 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 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 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 Minerva's Grill & Bar, 2208 N. Dodge St. Outdoor Service Area for Minerva's Grill & Bar, 2208 N. Dodge St. Renewals: Class C Beer Permit for Dan's Short Stop Corp. 2221 Rochester Ave. Class C Beer Permit for Kum & Go #52, 25 W. Burlington St. Class C Beer Permit for Kum & Go #53, 955 Mormon Trek Blvd. Class C Beer Permit for Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr. Class C Liquor License for Mclnnerney's, 161 Hwy 1 West. Outdoor Service Area for 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., 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 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 LQCATED 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 Complete Description September 23, 2003 Page 2 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-294, APPROVING THE OFFICIAL FINANCIAL REP©RT FOR CITY STREETS AND PARKING PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Moved and seconded 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. 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 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 and seconded to accept correspondence from Ms. Mueller. The Mayor declared the motion carried. Moved and seconded 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, be given second vote. The Mayor declared the motion carried. Moved and seconded 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, be passed and adopted. 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- 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. Moved and seconded that the ordinance be adopted at this time. Moved and seconded to adopt RES. 03-296, APPROVING THE 2003-2004 DEER MANAGEMENT PLAN FOR IOWA CITY. Moved and seconded to call the question. The Complete Description September 23, 2003 Page 3 Mayor declared the motion carried. Moved and seconded to accept correspondence from Phil Bourjaily. The Mayor declared the motion carried. Moved and seconded 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 SEWER PROJECT. Moved and seconded 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. Council Member Wilburn left the meeting due to a conflict of interest. Moved and seconded 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. Council Member Wilburn returned to the meeting. Moved and seconded 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. 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. Moved and to adjourn special meeting 9:25 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City .CJerk Subm~tteo for pub!icadon - 10/1/03. 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 22, 2003 Iowa City City Council special meeting, 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff Members present: Atkins, Helling, Dilkes, Kart, Dulek, O'Neil, Franklin. Council minutes tape recorded on Tape 03-65, Side 2. Moved by O'Donnell, seconded by Vanderhoef, 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 first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adjourn special meeting at 6:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES 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, Wilbum. 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, Wilburn, 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, Wilbum, 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 repor[ed 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, 710, all Council Members present. The Mayor declared ordinance adopted. 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. 03-4098 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, Wilbum 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 Ar[ 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 tem 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 th anniversary of his 39 birthday; noted upcoming events such as the IOWA Homecoming week-end, the City/VVest football game, and the 9roundbreaking 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. Th~ Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk City of Iowa City MEMORANDUM Date: September 22, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 22, 2003, 5:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Dulek, O'Neil, Matthews, Franklin Tapes: 03-69, Both Sides; 03-70, Side 1 (A complete transcription is available in the City Clerk's Office) JOINT MEETING WITH AIRPORT COMMISSION - AIRPORT BUSINESS PLAN (IP7 of 9/11 Info Packet) Airport Commissioners Hartwig, Mascari, Robnett, Thrower and Airport Manager O'Neil present for discussion. Bobbi Thompson, Airport Business Solutions, provided a power point presentation summarizing the report. (Break for formal Council meeting, returned to work session.) After discussion, Council requested a response from the Airport Commission on the report and how they were going to proceed by the first of December; specific comments on the self sufficiency analysis; and a memo outlining the land swap mentioned. STAFF ACTION: Schedule for December 15 work session. (Karr) PLANNING & ZONING ITEMS PCD Director presented information on the following issues: A. 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. (REZ03-O0017/SUB03-00019) (SECOND CONSIDERATION) (Oakmont Estates) [~. 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. (REZ03-00018) (PASS AND ADOPT) (ALL NATIONS BAPTIST CHURCH) Council Work Session September 22, 2003 Page 2 AGENDA ITEMS 1. (Consent Calendar ~,d(2) ... Resolution ... lease agreement ... Senior Center to operate the Elderly Nutrition Program) Council Member Kanner requested the item be deleted for separate consideration. 2. (Consent Calendar#4d(1) ... Resolution approving ... Official Financial Report ... Fiscal Year ending June 30, 2003) Council Member noted the report was not included in the packet, requested copies be distributed at the formal meeting, and requested the item be deleted for separate consideration. 3. (Item #11 ... Resolution ... agreement to purchase ... apartment building ... Greater Iowa City Housing Fellowship) PCD Director Franklin present for discussion. The City Manager stated HIS Director Boothroy would be present at the formal meeting to answer questions and provide some history on the project. 4. (Item #9 ... Resolution awarding contract ... Scott Park Truck Sanitary Sewer Project) Council Member O'Donnell noted the incredible bid received. 5. (Consent Calendar #4e(8)... correspondence... Mike Smithey ... alcohol ...) Mayor Pro tem Vanderhoef noted the letter from Officer Smithey and questioned whether an update was needed. City Atty. Dilkes reminded Council they had agreed to wait one year to evaluate the under 19 ordinance, City Manager Atkins suggested Council Members speak directly with the Police Chief to set up walks or drives with downtown on duty officers. 6. (Item #8 ... Resolution approving ... Deer Management Plan) Council Member Pfab stated he would be distributing information he received from Cedar Rapids, noting Cedar Rapids did not have a deer problem, at the formal meeting; and suggested deferring the item. COUNCIL TIME 1. Council Member O'Donnell reported several calls regarding skateboarders and bicycles in the downtown pedestrian mall, and damage to the amenities in the downtown area. The City Manager stated he would encourage officers to talk to the kids, and pursue issuing citations. 2. In response to Council Member Pfab, the City Manager stated the bench placed at the intersection of Iowa Avenue and Linn Streets, next to the Irving Weber statue is discourage motor vehicle traffic and is not intended as a park amenity. Staff is researching putting something else such as bollards there as well. 3. In response to Mayor Pre tern Vanderhoef suggestion that the Irving Weber statue be up on a base and raised above the sidewalk, the City Manager stated the statue is life sized. 4. Mayor Lehman stated his recent trip to Ames, accompanied by Mayor Pro tern Vanderhoef, was not at City or State expense. Council Work Session September 22, 2003 Page 3 5. Mayor Lehman acknowledged the 39th anniversary of Council Member Wilburn's birth. MUNICIPAL ELECTRIC STUDY- FUTURE SCHEDULE (IP1 and IP16 of 9/18 Info Packet) Council agreed to: · submit written questions on the study directly to the City Manager, along with public and staff questions, by the October 13 work session · schedule discussion on the questions among Council at their October 13 work session · after that work session submit the questions to Mr. Latham and schedule a meeting to discuss only the study depending on Mr. Latham's and Council schedule · directed the City Manager to have available dates for Mr. Latham by the October 13 work session STAFF ACTION: Collate questions, contact Mr. Latham, and schedule for October 13 work session. (Helling) Meeting adjourned 7:38 PM.