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HomeMy WebLinkAbout2003-10-28 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 28, 2003 Iowa City City Council 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, Boelk, O'Malley, Knoche. Council minutes tape recorded on Tape 03-58, Side 1; Tape 03-78, Side 1. The Mayor proclaimed Founder's Day - October 29. The Mayor presenting Outstanding Student Citizenship Awards to Weber Elementary students: Matt Eckman, Paige Engelhardt, Grace Murray. 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 ) setting a public hearing on proposed amendment to 2001- . 2006 Consolidated Plan (City Steps), and Item 4d(2) setting a public hearing for an ordinance creating a Stormwater Utility and establishing a Utility Fee: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. October 13 Special Work Session. October 14 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 - September 11. Housing and Community Development Commission - September 18. Iowa City Airport Commission - September 11. Iowa City Board of Adjustment - August 13. Iowa City Board of Appeals - August 4 Recommendation: Approve proposed amendments to the By-Laws of the Board of Appeals. Iowa City Human Rights Commission - July 23. Planning and Zoning Commission - October 2. Police Citizens Review Board - September 9 Recommendation: Accept PCRB Report on Complaint #03-02; Accept PCRB Report on Complaint #03-04. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave. Class C Liquor License for La Casa, Ltd., dba La Casa, 1200 S. Gilbert Ct. Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct. Outdoor Service Area for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct. Class C Liquor License for Diamond Daves Taco Company Leasing Corp., dba Diamond Daves Taco Co., 1604 Sycamore St. #330. Class C Liquor License for Yelder Enterprises, Inc., dba Que, 211 Iowa Ave. Class C Beer Permit for Deli Mart Corp., dba Deli Mart #1,525 Hwy I W. Class C Beer Permit for Krishna, Inc., dba Mini Mart, 731 S. Riverside Dr. Class C Beer Permit for Hawkeye Oil Company dba Hawkeye Convenience Stores Kirkwood, 300 Kirkwood Ave. RES. 03- 321, TO ISSUE DANCE PERMIT to Yelder Enterprises, Inc., dba Que, 211 Iowa Ave. Setting Public Hearings: RES. 03-322, INTENT TO CONVEY A THREE HUNDRED TWENTY THREE FOOT LONG PORTION OF THE TWENTY FOOT WIDE ALLEY LOCATED BETWEEN KIRKWOOD AVENUE AND DIANA STREET IN BLOCK 6, LUCAS ADDITION, TO ADJACENT PROPERTY OWNERS, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JANUARY 6, 2004. Resolutions: RES. 03-323, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, PAVING, AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS FOR LINDEMANN SUBDIVISION - PART Complete Description October 28, 2003 Page 2 TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-324, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, REINFORCED CONCRETE BOX CULVERT, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR HIGHLANDER DEVELOPMENT THIRD ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-325, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOT 5 OF SADDLEBROOK ADDITION - PART 2, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-326, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, SIDEWALK (ALONG PRIMROSE COURT BETWEEN LOTS 111 AND 112), AND PAVING PUBLIC IMPROVEMENTS FOR WHISPERING MEADOWS, PART THREE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-327, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1437 PINE STREET, IOWA CITY, IOWA. RES. 03-328, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2232 CALIFORNIA STREET, IOWA CITY, IOWA. Correspondence: Susan Shinnick regarding Speeding on Bloomington Street [staff response included]. James Lewis regarding Cost of Government Summit. Kevin Boyd (DTA) regarding Self-Supported Municipal Improvement District (SSMID). Louis Ginsberg regarding Request to Advertise Scouting for Food. Betty Funk regarding MidAmerican Energy. Katy Pedersen regarding Affirmative Action [staff response included]. Richard Kessel regarding Mediacom [staff response included]. Joe Cherner regarding Smoking (3). Cynthia Parsons regarding Application to Replace Windows, 702 E Washington Street [Staff response included]. 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. 03-329, SETTING A PUBLIC HEARING FOR NOVEMBER 10, 2003, ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALITIES"; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY FEE. Individual Council Members expressed their views. Moved by Kanner, seconded by Pfab, to amend the resolution to set a public hearing for January 6, 2004. The Mayor declared the motion to amend defeated, 2/5, with the following show of hands: ayes: Kanner, Pfab. Nays: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. The Mayor declared the original resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Pfab. Absent: None. Council Member Wilburn left the meeting due to a conflict of interest. Moved by Champion, seconded by O'Donnell, to set a public hearing for November 10 on a proposed amendment to Iowa City's 2001-2006 Consolidated Plan (City Steps). PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 6/0, Wilburn abstaining. Complete Description October 28, 2003 Page 3 Council Member Wilburn returned to the meeting. Al Hallene and Tom Walz thanked Council on approving Community Development Block Grant funds for Extend a Dream Foundation, and updated Council on the project. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to set a public hearing for November 10 on an ordinance vacating a portion of the alley located South of Kirkwood Avenue (Lensing) and west of Diana Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for November 10 on an ordinance amending the definition of restaurant. Individual Council Members expressed their views. ']'he 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. A public hearing was held on an ordinance changing the zoning designation of approximately 13,500 square feet from Central Business District (CB-2), to Planned High Density Residential (PRM), located at 512 S. Dubuque Street (University View Partners) South of Cour~ Street. Atty. Joe Holland, representing the applicant appeared. A public hearing was held on an ordinance vacating a portion of the alley located to the east of 512 S. Dubuque Street (University View Partners). Atty. Joe Holland representing the applicant appeared. Moved by Pfab, seconded by Vanderhoef, that the ordinance vacating a portion of the alley located to the east of 512 S. Dubuque Street (University View Partners), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, to adopt RES. 03-330, APPROVING THE FINAL PLAT OF VILLAGE GREEN PART 19. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, that ORD. 03-4100, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Pfab, seconded by Champion, to adopt RES. 03-331, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE WATERWORKS PARK BUTLER HOUSE/AMPHITHEATER TRAILS PROJECT STP-E-3715(623)--SV-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Waterworks Park Butler. House/Ampitheater Trails project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-332, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PARK BUTLER HOUSE/AMPITHEATER TRAILS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description October 28, 2003 Page 4 A public hearing was held on proceedings to take additional action for the authorization and issuance of $3,925,000 general obligation bonds. The following individuals appeared: Byron Ross, 1488 Cromwell PI.; Jim Knapp, 528 Rundell St.; and Forrest Friedan, 20 S. Lucas St. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from Byron Ross. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-333, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF $3,925,000 GENERAL OBLIGATION BONDS. Jim Knapp, 528 Rundell St., appeared. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on proceedings to take additional action for the authorization and issuance of not to exceed $360,000 General Obligation Bonds. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-334, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $360,000 GENERAL OBLIGATION BONDS. Byron Ross, 1488 Cromwell PI., appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on proceedings to take additional action for the authorization and issuance of not to exceed $585,000 General Obligation Bonds. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-335, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $585,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on proceedings to take additional action for the authorization and issuance of not to exceed $700,000 General Obligation Bonds. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-336, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS. 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. 03-337, DIRECTING THE ADVERTISEMENT FOR SALE OF $5,570,000 GENERAL OBLIGATION BONDS, AND APPROVING ELECTRONIC BIDDING PROCEDURES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-338, AUTHORIZING ADOPTION OF DEFERRED COMPENSATION PLANS WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION AND NATIONWIDE RETIREMENT SOLUTIONS. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilbum, seconded by Champion, to adopt RES. 03-339, ESTABLISHING FEES FOR SERVICES RELATED TO GEOGRAPHIC COMPUTER DATA BASE SYSTEM MAPPING ACTIVITIES OF THE IOWA CITY ENGINEERING DIVISION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description October 28, 2003 Page 5 Moved by Champion, seconded by Wilburn, to approve a letter to Federal Legislators regarding the USA Patriot Act. Bill of Rights Defense Committee Members Garry Klein, 628 2"aAve., and Julie Spears, 1019 Church St., appeared. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. City Atty. Dilkes will provide memo regarding preliminary thoughts on October 14 inquiry if the requirement that the Chief of Police report to Council on any inquiries from the feds under the guise of the Patriot Act could be handled similar to use of force reports presented to Council currently. Moved by O'Donnell, seconded by Kanner, to accept correspondence from Julie Spears, Rachel Antonuccio, Brendan Fitzgibbons, Robert Givens, James Herd, Caroline Dieterle. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to grant a 45-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #03-05, #03-06, #03-07. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, to appoint Valerie Garr, 14 Pond View Court, to the Human Rights Commission for one appointment for an unexpired term ending January 1,2005. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: Airport Zoning Board of Adjustment for an unexpired plus a five-year term ending December 31,2008; 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; Historic Preservation Commission for a (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; 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. Police Citizens Review Board for an unexpired term ending September 1,2005. Applications must be received by 5:00 p.m., Wednesday, November 19. Council Member Pfab congratulated the Public Library on their quick electronic response to his request for a book not currently available at the Library. Council Member O'Donnell encouraged everyone to vote November 4, and thanked candidates for stepping forward and offering to serve their community. Council Member Champion reported a truck trucked in the middle of Dubuque Street all day. The Mayor encouraged her to report to proper authorities while it is parked there, and the City Manager asked her to write down the license plate also. Council Member O'Donnell acknowledged the Iowa River rescue efforts of Steve Thunder-McGuire at City Park recently. Mayor Pro tern Vanderhoef reported on the results of Skills 2000, and the need for more education in this community to be in the work force of the future; and stated she would provide copies of the report. Council Member Wilbum congratulated the young people involved in the Youth Vote Forum October 23. Mayor Pro tem Vanderhoef congratulated the Crisis Center and Director Wilbum on the opening of their new warehouse partially funded by CDBG funds. Council Member Kanner thanked walkers and bicyclists for making Iowa City a safer place, noting Iowa City was one of the top communities in the country for cyclists and th walkers; wished his parents a happy 50 anniversary; stated the National League of Cities (NLC) had taken a stance against the Clear Act of 2003 and hoped the City would endorse Complete Description October 28, 2003 Page 6 the NLC against the bill and asked Mayor Pro tem Vanderhoef to bring back information on the bill after her next NLC meeting; wished citizens of Islam faith a good Ramadan. Mayor Lehman announced the first annual Human Rights Youth Awards and encouraged citizens to contact Human Rights Coordinator Heather Shank or the City Clerk's office for more information. Moved by Vanderhoef, seconded by Wilburn, to adjourn special meeting 8:30 p.m. The Mayor declared the motion carried unanimously, 7/0, a/l~uncil Members pre/~ent;,/~ ~?n~st W. Lehman, Mayor Mar~n I~. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the Cit~ ~,:~(2~ 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 - 10/14/03 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 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 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 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 Masala, 9 S. Dubuque St. Renewals: Class C liquor License for Brown Bottle, 115 E. Washington St. Class C Liquor License for Givanni's, 109 E. College St. Class C Liquor License for Micky's Irish Pub, 11 S. Dubuque St. Class C Liquor License for Mondo's, 212 S. Clinton St. Class C Liquor License for Hilltop Lounge, 1100 N. Dodge St. Class C Beer Permit for Kum & Go #51,323 E. Burlington St. Class C Beer Permit for Hy-Vee Gas #1,260 Stevens Dr. Class C Beer Permit for North Dodge Express, 2790 N. Dodge St. Class C Beer Permit for Sunset HandiMart, 1410 Willow Creek Dr. Class C Beer Permit for Deli Mart #5,206 E. Benton St. Class C Beer Permit for On the Go Convenience Stores, Inc., 2315 Muscatine Ave. Refund an unused portion of a Special Class C Liquor License for Masala, 9 S. Dubuque St. RES. 03-300, TO ISSUE DANCE PERMIT 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. Official Council Actions October 14, 2003 Page 2 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 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 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 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 ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A 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 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 Official Council Actions October 14, 2003 Page 3 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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, be passed and adopted. Moved and seconded to defer indefinitely the resolution approving the preliminary and final plat of Oakmont Estates. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded that the ordinance be given second vote for consideration at this time. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-316, APPROVING THE GENERAL CONCEPT FOR THE LONGFELLOW NEIGHBORHOOD ART PROJECT. Moved and seconded to adopt RES. 03-317, APPROVING THE GENERAL CONCEPT FOR THE GOOSETOWN NEIGHBORHOOD ART PROJECT. Moved and seconded 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, Official Council Actions October 14, 2003 Page 4 528 Rundell St.; Holly Hart; Holy Berkowitz, 612 Granada Ct.; James Thomas; Brett Castillo, 214 S. Summit St.; and Ollie Habhab. Moved and seconded to call the question. The Mayor declared the motion carried The Mayor declared the resolution adopted Moved and seconded to accept correspondence from Marc Moen and Jim Knapp. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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 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. 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 and seconded 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. 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. Moved and seconded to adjourn special meeting 8:50 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. Official Council Actions October 14, 2003 Page 5 s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk Submitted for p'ubl~t~on - 10/22/03. 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 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 FORA 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 FORA 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 a~opted, 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 Wilburn, 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, 528 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, Wilburn, 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 Airpor[ 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, Wilburn 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 tem 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. Holecek will report back; thanked the Iowa City School District 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 th announcements and interact with her 5 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, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk City of Iowa City MEMORANDUM Date: October 13, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 13, 2003, 6:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Helling, Holecek, Kart, Matthews, Franklin, Craig Tapes: 03-70, Side 2; 03-73, Both Sides; 03-74, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING 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. (REZ03-00021) (University View Partners) B. SETTING A PUBLIC HEARING FOR OCTOBER 28 ON AN ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 512 S. DUBUQUE STREET (VAC03-00002) (University View Partners) In response to Council Member Kanner, Franklin stated she will report on existing easement at the next meeting. C. 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- 00017/SUB03-00019) (PASS AND ADOPT) D. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF OAKMONT ESTATES. (SUB03-000019 AND SUB03-00034) Franklin stated the applicant has requested indefinite deferral to attempt to have an existing easement vacated. AGENDA ITEMS 1. (Consent Calendar #5e(2), (3), (4) and (5) .... Resolutions ... Bond sales .... ) In response to Council Member Kanner, City Manager Atkins stated Central Corporate Purpose and Council Work Session O~oberl3, 2003 Page 2 General Corporate Purpose were defined in State Code and definitions, as well as all paperwork, had been reviewed by Bond Counsel. 2. (Consent Calendar #5e(1) ...resolution ... Waterworks Park Butler House/Amphitheater Trails Project) In response the Mayor Lehman, the City Manager stated the project was split into two parts, included in the CIP, and did include grant money. 3. (Consent Calendar #5f(6) ... Resolution of intent ... Lots 2 and 7, Block 9, County Seat Addition ... and setting public hearing ...) In response to Mayor Pro tern Vanderhoef, Asst. City Atty. Holecek reported that no formal appraisal was done but the amount reference assessed value of neighboring properties, and stated a memo from Asst. City Atty. Mitchell was also included. 4. (Consent Calendar #5f(5) ... resolution.., filing application with lowa Department of Transportation ... Arterial Street Traffic Signal Interconnection Project) In response to Council Members Kanner and Pfab, the City Manager stated the resolution authorized an addition $4,500. Appointments Airport Commission ~ John Staley Airport Zoning Board of Adjustment- Readvertise Historic Preservation - Readvertise 0Nilbum stated he had a conflict and left the table) Housing and Community Development - Michelle (Shellie) Mackel-Wiederanders & Erin Barnes 0Nilburn returned to the table) Human Rights - James McCue and Catherine Fribley Public Art Advisory Committee - Mark Seabold COUNCIL TIME 1. Council Member Champion raised concerns regarding the parking lot near the skateboard park at Terrill Mill is being used by permanent parkers and there's no space for skaters. Council Member Pfab raised concerns regarding lack of lighting and restrooms. The City Manager will discuss with Parks & Recreation Director Trueblood and report back. 2. (iP11 of 10/9 Info Packet & IP2 of 10/2 Info Packet) Mayor Lehman noted the memo regarding the United hangar at the Airport, and requested Council concurrence to proceed with their recommendation to demolish rather than move or reconstruct it. Council agreed. 3. Council Member Champion stated the restrooms at City Park are cleaner than most restaurants and complimented Parks & Recreation crews. 4. (IP8 of 10/9 Info Packet) Council Member Kanner stated he was confused with a number of items in the Memo from Budget Analyst Mansfield relative to gas and electric excise tax, and would talk to Finance Director O'Malley. Council Work Session October 13, 2003 Page 3 5. (IP5 of 10/9 Info Packet) Mayor Pro tem Vanderhoef noted the memo regarding community events and program funding. Majority agreed not to advertise for new programs, and budget in accordance with reduction made the previous year. 6. (IP10 of 10/9 Info Packet) In response to Council Member Kanner, a majority agreed to schedule a work session discussion of an appearance of advertising or sponsorship. Asst. City Atty. Holecek stated a policy had been drafted for this particular project, and would be available at the time of the discussion. 7. (IP18 of 10/9 Info Packet) Council Member Kanner noted that two Senior Center Commission Members had voted against opening up a designed community fund of Johnson County, and requested information on their disagreement as well as an update on the membership goal. The City Manager will follow up. PLAZA TOWERS AMENDMENTS (Agenda Item #11) PCD Director Franklin, Developer Marc Moen, and Senior Vice President and Managing Director David Dahlin (BB [Bankers Bank] Syndication Services) present for discussion. Majority of Council agreed to the resolution as presented. STAFF ACTION: If financing is not in place an item will be placed on the December '16 formal Council agenda. (Franklin) PLANNING FOR PARKING ON NARROW STREETS (IP1 of 10/9 Info Packet) PCD Director Franklin outlined the proposal to consider a parking prohibition or limitation on all plats and plans with narrow streets, and include language in the new Development Code subdivision regulation to address the issue. Council concurred. STAFF ACTION: Proceed as outlined. (Franklin) MUNICIPAL ELECTRIC (IP2 and IP3 of 10/9 Info Packet) Council provided questions for staff to forward to Latham & Associates prior to special work session meeting on November 17. Council agreed to: · schedule meeting for November 17 with Latham & Associates · meeting will be in Harvat Hall, podium for Mr. Latham, Council at formal diaz · public may submit written questions to the City Clerk or individual Council Members prior to Wednesday, October 15 · written questions may also be submitted on the November 17 · directed staff to start preliminary franchise agreement negotiations with MidAmerica STAFF ACTION: Compile questions and fo~vard to Latham & Associates for response November 17. (Helling/Matthews) Council Work Session October 13, 2003 Page 4 CONSIDERATION OF ISSUES NOT UNDER COUNCIL JURISDICTION/USA PATRIOT ACT After discussion, a majority of Council agreed to send letter of concern from the City Council to legislators on the Patriot Act, and there was no decision on formulation of a formal policy on issues not under Council jurisdiction. Mayor Lehman and Council Member Champion will draft letter for October 28 formal action. STAFF ACTION: Include motion on October 28 formal agenda. (Karr) Meeting adjourned 9:35 PM.