Loading...
HomeMy WebLinkAbout2003-11-25 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 NOVEMBER 25, 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, Vanderhoef, Wilburn. Absent: Pfab. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Shank, Spitz. Council minutes tape recorded on Tape 03-82; Side 2, Side 03-85, Side 1. The Mayor announced that Council Member Pfab was ill, and unable to attend. The Mayor and Officer Greg Humrickhouse accepted a check from Steve Rudin, representing Bicyclists of Iowa City (BIC) to assist the Iowa City Police Department to provide additional patrol time along the Iowa City trail system. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Christina Achrazoglou, Lily Doershuk, Shalinee Kamal. Moved by O'Donnell, seconded by Champion, that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as follows: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 10 Special Work Session. November 10 Special Council Formal Official and Complete (2). November 17 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 - October 9. Historic Preservation Commission - October 23. Iowa City Airport Commission - October 9. Iowa City Board of Adjustment - October 8. Parks and Recreation Commission - October 8. Planning and Zoning Commission - October 16. Public Art Advisory Committee - October 2. Senior Center Commission - September 16. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. Class C Beer Permit for Fuller Properties, LC dba T & M Mini Mart, 2601 Hwy 6 East. Class C Liquor License for Ground Round, Inc., dba Ground Round, 830 S. Riverside Dr. Motions: Accept Abstract of Votes for the Iowa City elections held October 7 and November 4, 2003. Resolutions: RES. 03-350, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA RENEWAL OF A LICENSE AGREEMENT FOR EMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MILHALOPOULAS, AND ATLAS WORLD GRILL INC., d/b/a ATLAS WORLD GRILL, FOR A SIDEWALK CAFE. RES. 03-351, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RiGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC. d/b/a VITO'S, FORA SIDEWALK CAFE. RES. 03-352, ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION - PART SEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-353, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 236-254 OF WINDSOR RIDGE - PART ELEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-354, Complete Description * REVISED 12/17/03 November 25, 2003 Page 2 ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR HIGHLAND WOODS, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-355, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, LIFT STATION, FORCE MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR DEAN OAKES SIXTH ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03- 356, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR HOLLYWOOD MANOR - PART 8, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-357, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF- WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Correspondence: Lucy Ann Brignola regarding Recreation Building [staff response included]. Underage Drinking letters from Brandon Zeigler, Derek Schairer, Peri Kaplan. Dave Vail regarding Parking. Stephania Cheng regarding Mutt Mitts. Herman D. Thornton regarding Discrimination. JCCOG Traffic Engineering Planner regarding Installation of RIGHT LANE MUST TURN RIGHT sign. Bruce F. Fischer (The Congregational Church) regarding Using Recreation Center to accommodate overflow from Shelter House. * Council Member Kanner noted the letter regarding alleged discrimination at a local restaurant, and asked Human Rights Coordinator Shank to follow up. Asst. City Mgr. Helling reported that staff had responded. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, that the ordinance vacating a portion of an alley right-of-way located south of Kirkwood Avenue and west of Diana Street (Lensing), be given first vote. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ordinance amending City Code, Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions," be voted on for final passage at this time. The Mayor declared the motion defeated, 5/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: Pfab. Moved by Wilburn, seconded by Champion to give second vote for consideration to ordinance. The Mayor declared the motion carried, 6/0, Pfab absent. Moved by O'Donnell, seconded by Champion, that the 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 Apartments) south of Court Street, be given second vote. The Mayor declared the motion carried, 5/1, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. Nays: Kanner. Absent: Pfab. The Mayor announced that the staff and the applicant had requested expedited consideration of the previous two items, and since Council has an orientation meeting planned for December 2, a special formal will be held prior to that meeting for final consideration of both items. Complete Description November 25, 2003 Page 2 WORK FOR THE SANITARY SEWER, STORM /ER, WATER ,IN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR HIGHLA WOODS, DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR ACCESS RES. 03-355, ACCEPTING THE WORK FOR THE SANI' ~EWER, WATER MAIN, LIFT STATION, FORCE MAIN, / FOR DEAN OAKES SIXTH ADDITIO~ DECLARING THE PUBL MPROVEMENTS OPEN FOR PUBLIC ACCESS USE. RES. 03- 356 G THE WORK FOR THE SANITARY SEWER SEWER, TILE LINE, R MAIN, AND PAVING PUBLIC IMPROVE FOR HOLLYWOOD )R- PART 8, AND DECLARING THE OPEN FOR AND USE. RES. 03-357, )RIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST AN AGRE NT BETWEEN THE CITY OF IOWA CITY SOUTH SLOPE )NE COMPANY TO USE PUBLIC RIGHTS-OF- WAY FOR THE OPERATION ANE OF A FIBER OPTIC NETWORK. Correspondence: Brignola raga Recreation Building [staff response included]. Undera¢ king letters Brandon Zeigler, Derek Schairer, Peri Kaplan. Dave Vail regarding Mutt Mitts. Herman D. Thornton JCCOG Traffic Engineering Planner regarding Installation of RIGHT TURN RIGHT sign. Bruce F. Fischer (The Congregational Church) regarding lng Recreation Center to accommodate overflow from Shelter House. Council Member Kanner noted the letter re( alleged discrimination at The Vine, and asked Human Rights Coordinator Shank Asst. City Mgr. Helling reported that staff had responded. Affirmative roll call Js, 6/0, Pfab absent. The Mayor declared the motion carried. Moved by Champion, seconde Vanderhoef the ordinance vacating a portion of an alley right-of-way located sout Kirkwood Jnd west of Diana Street (Lensing), be g roll call vote unan ~ous, 6/0, Pfab absent. The Mayor declared the motion carri. Moved by Vanderhoef,: by O'Donnell, g ordinances to be considered and voted on f final passage at two Council prior to the meeting at which it is to be finally pass be suspended, the second vote be waived, and that ordinance amenc City Code, Title 14, Chapter ~g," Article B, entitled "Zoning Definitior Section 2, entitled "Definitions," be for final passage at this time. The Mayor dE the motion defeated, 5/1, with lng division of roll call vote. Ayes: Lehman, Vanderhoef, Wilburn, Champion. Na, Kanner. Absent: Pfab. Moved by Wilb seconded by Champion to give second vote consideration to ordinance. The Ma * declared the motion carried, 6/0, Pfab absent. Moved by © seconded by Champion, that the nging the zoning designation of aPr r 13,500 square feet from Central Business ict (CB-2), to Planned High Dc Residential (PRM), located at 512 S. Dubuque Street Jniversity View Apartments) so~ of Court Street, be given second vote. The Mayor he motion carried, 5/1, wit the following division of roll call vote. Ayes: O'Donnell, aef, Wilburn, Champion, Le 'nan. Nays: Kanner. Absent: Pfab. ~' The Mayor announced that the staff and the applicant had requested expedited consideration of the previous two items, and since Council has an orientation meeting planned for December 2, a special formal will be held prior to that meeting for final consideration of both items. Complete Description November 25, 2003 Page 3 Moved by Wilburn, seconded by Champion, to move Item No. 6d, ordinance vacating portion of alley located east of 512 S. Dubuque Street, after Item No. 10. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by O'Donnell, seconded by Champion, to defer to December 16, resolutions approving the final plat of Lindemann Subdivision Part Two A, approving the final plat of Lindemann Subdivision Part Three and approving the final plat of Lindemann Subdivision Part Four. The Mayor declared the motion carried, 6/0, Pfab absent. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-358, APPROVING THE PRELIMINARY AND FINAL PLAT OF OAKMONT ESTATES, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-359, APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES, PART 5 LOCATED AT WILD PRAIRIE DRIVE AND PRAIRIE GRASS LANE. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. The Mayor announced that at a special meeting on November 24 Council agreed to defer to December 16 the ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties"; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 14-3A-2, "Definitions," and Section 14-3A-4, "Rates and Charges for City Utilities" and; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. Moved by Champion, seconded by Wilburn, that the ordinance amending the City Code Title 10, "Public Ways", Chapter 3, "Commercial Use of Sidewalks", Section 3, "Use of Sidewalk Cafes" to continue to allow all sidewalk cafes to operate until 12:00 midnight, be given second vote. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Title 2 of the City Code, entitled "Human Rights," to simplify the probable cause determination process, to provide for mediation, to streamline the conciliation process, to define litigation worthy, to establish procedures for public hearings, to modify the powers of the Human Rights Commission, to clarify certain definitions, and to make additional nonsubstantive changes, be given first vote. Individual Council Members expressed their views. Human Rights Coordinator Shank and City Atty. Dilkes present for discussion. The Mayor declared the motion carried, 5/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner. Absent: Pfab. A public hearing was held authorizing conveyance of a twenty foot wide by sixty-eight 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. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-360, AUTHORIZING CONVEYANCE OF A TWENTY FOOT WIDE BY SIXTY-EIGHT 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. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Wilburn, that ORD. 03-4101, VACATING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 512 S. DUBUQUE STREET Complete Description November 25, 2003 Page 4 (University View Apartments), be passed and adopted. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-361, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE NECESSARY AGREEMENTS AND EASEMENTS FOR THE DEVELOPMENT OF THE LODGE, (Calloway Lodge) LOT 1, RUPPERT HILLS SUBDIVISION, IOWA CITY, IOWA. PCD Director Franklin and City Atty. Dilkes present for discussion. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 05-362, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION, AND A S~DE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR CONSTRUCTION OF THE SIDEWALK EXTENSION FROM HAWKINS DRIVE TO ELLIOT DRIVE ALONG HIGHWAY 6 PROJECT [STP-E-3715(624)--8V-52]. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-363, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND EARTH TECH, INC. COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MORMON TREK BOULEVARD EXTENSION PROJECT PHASE 2. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote. Ayes: Vanderhoef, Wi~burn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: Pfab. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-364, ESTABLISHING AN ADMINISTRATIVE FEE FOR PROVIDING SIDEWALK REPAIR BY CONTRACT. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to approve a Tax Exemption Certificate. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Champion, seconded by Vanderhoef, to approve a Continuing Disclosure Certificate. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 05-365, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to appoint Roger Williams, 134 Friendship Street, to the Police Citizens Review Board to fill an unexpired term ending September 1,2005. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. The Mayor noted the previously announced vacancies: Airport Commission for two vacancies to fill unexpired terms ending March 1,2007 and the other March 1,2008; Airport Zoning Board of Adjustment to fill an unexpired plus a five-year term ending December 31, 2008; Board of Adjustment to fill an unexpired term ending January 1,2007; Board of Appeals for a Mechanical Professional to fill a five-year term 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; Parks & Recreation Commission to fill a four-year term January 1,2004 - January 1,2008; Planning & Zoning Commission to fill an unexpired term ending May 1,2005. Applications must be received by 5:00 p.m., Wednesday, December 17. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Champion wished everyone a happy Thanksgiving. Complete Description November 25, 2003 Page 5 Council Member O'Donnell welcomed former Iowa Basketball Coach Tom Davis back to Iowa City, and wished everyone a happy and safe Thanksgiving. Mayor Pro tem Vanderhoef echoed previous comments of Council Member Champion and O'Donnell, and said she was looking forward to Thanksgiving with family. Council Member Wilburn thanked outgoing United Way Executive Director Beverly Weber for her service to the community, and wished her well on her new position I Washington State; announced a holiday festival and one year celebration of new ownership at Sycamore Mall on Saturday, December 6, noting a clarinet choir (including himself) called Yuletide Jazz performance planned 1-2 p.m. Council Member Kanner noted discussion the previous week with Latham and Associates concerning MidAmerican employees if they became City employees and requested more follow-up by City staff. Council agreed to have more public input and schedule another meeting after the first of the year; stated he had talked with Council Member Pfab and that he wouldn't have missed the meeting if not for illness; noted a memo he included in last week's information packet with questions and suggestions on the budget analysis prepared by Finance Director O'Malley, Council agreed to include as part of their budget deliberations; referenced the minutes of the Economic Development Committee where there was discussion of a zoning change for development proposed near North Dodge Hy-Vee by Southgate and questioned what they were asking, the Mayor stated it was a concept discussion only; voiced his support for pubic discussion time on the formal agenda; noted appreciation to the Christian Science Center for the opening their library to everyone; wished everyone a happy Thanksgiving and a good end to the Ramadan fast. Mayor Lehman stated the Economic Development Committee would be meeting next Thursday, December 4, at 9:00 am to discuss stormwater utility fees; the Human Rights Commission and United Action for Youth will be holding a Youth Town Meeting on Wednesday, December 10, 7-9 p.m. at the Senior Center; wished everyone a happy Thanksgiving. City Clerk Karr stated Council packets would be available after the meeting for the Tuesday evening formal and work session. Moved by Vanderhoef, seconded by Wilburn, to~.~djourn special meeting at 7:50 p.m. The Mayor declared the motion carried unanimously/6/,¢, Pfab absent. ~, Ernest W. Lehman, Mayor Mar'lan K. Karr, City Clerk City of Iowa City MEMORANDUM Date: November 10, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 10, 2003, 6:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, Boelk, Knoche, Shank, Scott Tapes: 03-77, Side 2 (A complete transcription is available in the City Clerk's Office) PLANNING 8, ZONING ITEMS PCD Director Franklin presented information on the following items: A. PUBLIC HEARING ON AN ORDINANCE VACATING A PORTION OF AN ALLEY RIGHT- OF-WAY LOCATED SOUTH OF KIRKVVOOD AVENUE AND WEST OF DIANA STREET. (VAC03-00001) (Lensing) Franklin reiterated that a condition of the contract would prohibit access through Diane Street. B. PUBLIC HEARING ON AN ORDINANCE AMENDING CITY CODE, TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," SECTION 2, ENTITLED "DEFINITIONS." C. CONSIDER 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 SOUTH OF COURT STREET. (REZ03-O0021) (FIRST CONSIDERATION) (University View Partners) D. CONSIDER AN ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 512 S. DUBUQUE STREET (VAC03-00002) (SECOND CONSIDERATION) University View Partners) Franklin stated expedited action had been requested but a public hearing on disposition is scheduled for November 25, and final reading would have to wait until after the hearing and action on the disposition. AGENDA ITEMS Council Work Session November 10, 2003 Page 2 1. (Item #10 - Ordinance amending Title 2 ... "Human Rights" ...) City Atty. Dilkes noted the memo explaining the changes included in the packet was correct, however, the redlined ordinance contained in the packet was incorrect and distributed a revised version. 2. (ConsentCalendar~4d(1)-...motion notifying the ... Planning &Zoning Commission.. establishment of the CB-10 Self-Supported Municipal Improvement District ...) City Atty. Dilkes explained there may be some conflict issues with respects to interests in downtown property, but she was not considered wit respect to the motion referring the matter to the Commission because it is a mandatory requirement. However, Council Members who want her opinion about conflict issues should contact her before the public hearing or any further discussion by Council. 3. (Consent Calendar #4e(1) and (2) - Resolutions ... approving ... Iow income tax credit housing programs ...) Council Member Champion she would like to remove both items from the Consent Calendar for discussion as it appeared that the City was consolidating all Iow income housing into certain areas of town. 4. (Consent Calendar ~4e(5) and (6) - Resolutions .... Release of liens ... 410 Iowa Avenue ... 422 Iowa Avenue ...) Council Member Wilburn requested both items be removed for separate consideration as he had a conflict of interest relating to Community Development Block Grant funding. 5. (Item #14 - Resolution establishing an administrative fee for providing sidewalk repair by contract) Mayor Lehman requested deferral to allow staff time to research one flat fee rather than a percentage. Public Works Director Fosse present for discussion. Majodty agreed to defer to November 25. 6. (Item #9 - Ordinance ... to continue to allow all sidewalk cafes to operate until 12:00 midnight) In response to Mayor Pre tern Vanderhoef, City Manager Atkins reported the Police Chief had no difficulty with repealing the sunset clause. COUNCIL APPOINTMENTS Airpod Zoning Board of Adjustment - no applicants, readvertise Animal Care & Adoption Center Advisory Board - reappoint Maryann Dennis Board of Adjustment - Michael Wright Board of Appeals ~ reappoint Anna Buss, readvertise one Historic Preservation Commission - no applicants, readvertise Human Rights Commission - Geoff Wilming, reappoint Paul Retish & Lisa Beckman Parks & Recreation Commission - reappoint Margaret Loomer, readvertise Senior Center Commission - Josephine Hensch & Nancy Wombacher AGENDA ITEMS 7. (Item #10 - Ordinance amending Title 2 ... "Human Rights" ...) In response to City Atty. Dilkes, majority agreed to defer consideration of the ordinance until November 25 to review the revised redlined version. Meeting adjourned 7:05 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 11/10/03 Iowa City City Council, special meeting 6:15 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. Absent: Wilburn. Moved and seconded to adjourn to executive session to consider a motion to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the 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/Ma~rian K. K, arr, City ~erk , / ~ Submitted for I~ublication - 11/18/05. 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 - 11/10/03 Iowa City City Council meeting 7:10 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed Hunger and Homelessness Awareness Week - November 16- 22, Dayna Ballantine, Food Bank Director, Crisis Center accepting; Deployed Veterans Remembrance Day; National Hospice Month, Susan Murty, accepting. The Mayor presented Outstanding Student Citizenship Awards to Twain Elementary students: John Finnie, Britney Opheim, Michelle Pelechek. Moved and seconded by that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as amended and to consider for separate consideration item 4e(1) a resolution supporting the development of affordable housing units through the Low-Income Housing Tax Credit Program and item 4e(2) a resolution supporting the development of three affordable housing units at 912 2nd Avenue through the Iow income housing tax credit program and defer indefinitely item 4e(7) a resolution accepting work for the sanitary sewer, storm sewer, water main, and paving public improvements for Galway Hills Subdivision, Part Seven. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 27 Special Work Session and October 28 Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Iowa City Board of Appeals - October 6. Iowa City Public Library - September 25. Police Citizens Review Board - October 14. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Wine Permit for Aldi, Inc. #06, 1534 S. Gilbert St. Class C Beer Permit for Aldi, Inc. #06, 1534 S. Gilbert St. Renewals: Class B Wine Permit for Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class C Beer Permit for Fareway Stores, Inc. #950, 2530 Westwinds Dr. Motions: Notifying the Iowa City Planning and Zoning Commission of the petition for the establishment of the CB-10 Self-Supported Municipal Improvement District filed with the City Clerk on October 10, 2003 and referring said petition to the Planning and Zoning Commission for the preparation of an evaluative report for the Council on the merit and feasibility of the project, all in accordance with Section 386.3(3) of the Iowa Code. Resolutions: RES. 03-340, 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 838 RUNDELL STREET, IOWA CITY, IOWA. RES. 03-341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. RES. 03-342, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. RES. 03-343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE AGREEMENTS, A MORTGAGE, AND A PROMISSORY Official Actions November 10, 2003 Page 2 NOTE FOR THE PROPERTY LOCATED AT 422 IOWA AVENUE, IOWA CITY, IOWA. Correspondence: David Skorton regarding Request for Consideration of University Property for Sharpshooting. Ryan Duffy regarding Smoking Project [staff response included]. Eve Casserly regarding State AARP Healthcare Forum. Amy Correia (Housing Trust Fund of Johnson County) regarding National Housing Trust Fund Act. Patricia McCauley regarding Consolidated End-of-Year Review, Program Year 2002. John Neff regarding Public Intoxication Arrests (2) Kevin Liu regarding Backed up Requests [staff response included]. Sidney Miller regarding Homecoming Parade. Baron Thrower (Airport Commission) regarding Strategy Plan Update. Frank Williams regarding Rate Increases. Charlotte Walker regarding Tour of the Senior Center and Recreation Center, Nearly Empty. Lee McGovern regarding Response to Walker Email regarding Tour of the Senior Center and Recreation Center, Nearly Empty. Joe Cherner regarding Cigarette-Caused Fire Kills Family of Seven. JCCOG Traffic Engineering Planner regarding Relocating Bus Stop Signs on Ferson Avenue to Magowan Avenue at the Intersections with McLean Street and River Street and from the Intersection of Magowan Avenue/River Street to Hutchinson/River Street. Installation of a Bus Stop Sign on Rochester Avenue on the South Side of the Street Across from Larch Lane. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-344, SUPPORTING THE DEVELOPMENT THROUGH ACQUISITION AND REHABILITATION OF THREE AFFORDABLE HOUSING UNITS AT 912 2NDAVENUE IN IOWA CITY, IOWA THROUGH THE LOW-INCOME HOUSING TAX CREDIT PROGRAM. Architect Bob Burns appeared. Council Member Wilbum left the room due to a conflict of interest. Moved and seconded to defer a resolution supporting the development through new construction of fourteen affordable housing units at Catskill Court, Whispering Meadow Drive, and Indigo Court in Iowa City through the Low-Income Housing Tax Credit Program to a special meeting at 6:15 p.m. on November 17. Architect Bob Burns appeared. The Mayor declared the motion carried. Council Member Wilburn returned to the meeting. Nate Green, University of Iowa Student Body President, presented a mid term progress report from the Alcohol and Bar Committee (ABC). Moved and seconded to accept the report. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating a portion of an alley right-of-way located south of Kirkwood Avenue and west of Diana Street. Winifred Holland, 1105 Diana St., appeared. A public hearing was held on an ordinance amending City Code, Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions." Moved and seconded to accept correspondence from Patrick Barren. The Mayor declared the motion carried. Moved and seconded that the 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 south of Court Street, be given first vote. The Mayor declared the motion carried Moved and seconded that the ordinance vacating a portion of the alley located to the east of 512 S. Dubuque Street, be given second vote. The Mayor declared the motion carried. Council Member Wilbum left the meeting due to a conflict of interest. Official Actions November 10, 2003 Page 3 A public hearing on a proposed amendment to Iowa City's 2001-2006 Consolidated Plan (City Steps). Council Member Wilburn returned to the meeting. A public hearing was held on an ordinance amending title 3 entitled "City Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties"; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 14-3A-2, "Definitions," and Section 14o3a-4, "Rates and Charges for City Utilities" and; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. Moved and seconded that the ordinance amending the City Code Title 10, "Public Ways", Chapter 3, "Commercial Use of Sidewalks", Section 3, "Use of Sidewalk Cafes" to continue to allow all sidewalk cafes to operate until 12:00 midnight, be given first vote. The Mayor declared the motion carried. Moved and seconded to defer to November 25 first reading of ordinance amending Title 2 of the City Code, entitled "Human Rights," to simplify the probable cause determination process, to provide for mediation, to streamline the conciliation process, to define litigation worthy, to establish procedures for public hearings, to modify the powers of the Human Rights Commission, to clarify certain definitions, and to make additional nonsubstantive changes. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-345, DIRECTING SALE OF $5,570,000 GENERAL OBLIGATION BONDS, SERIES 2003. Jim Knapp, 528 Rundell St., appeared. Moved and seconded to adopt RES. 03-346, APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR GROUNDWATER AND SURFACE WATER MONITORING AND ANNUAL WATER QUALITY REPORTS FOR THE IOWA CITY SANITARY LANDFILL. Moved and seconded to adopt RES. 03-347, APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS COLLECTION SYSTEM OPERATION AND MONITORING AT THE IOWA CITY SANITARY LANDFILL. Moved and seconded to defer to November 25 a resolution establishing an administrative fee for providing sidewalk repair by contract. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-348, RATIFYING SETTLEMENT OF PENDING LITIGATION. Jim Knapp, 528 Rundell St., appeared regarding sale of bonds and parcel 64-1a. The Mayor noted no applications had been received for the following vacancies: Airport Zoning Board of Adjustment for one appointment for an unexpired plus a five-year term ending December 31,2008; Board of Appeals for one appointment for a Mechanical Professional for a five-year terms January 1,2004 - December 31,2008; Parks and Recreation Commission for one appointment for a four-year term January 1, 2004 - January 1,2008, Historic Preservation Commission to fill one appointment for a Woodlawn District Representative for a three-year term March 29, 2003 - March 29, 2006, and all will be readvertised. 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. Moved and seconded to make the following appointments to Boards and Commissions: re-appoint Maryann Dennis, 1307 Rochester Avenue, to the Animal Care & Adoption Center Advisory Board to fill a three-year term January 1,2004 - December 31, Official Actions November 10, 2003 Page 4 2006; Michael Wright, 815 Roosevelt Street, to the Board of Adjustment to fill a five-year term January 1,2004 - January 1, 2009; re-appoint Anna Buss, P. O. Box 2807, to the Board of Appeals for a five-year terms January 1,2004 - December 31,2008; Geoff Wilming, 703, S. Seventh Avenue and reappoint Paul Retish, 66 Penfro Drive, and Lisa Beckman, 1234 Santa Fe Drive, to the Human Rights Commission to fill three-year terms January 1,2004 - January 1,2007; re-appoint Margaret Loomer, 1248 Jensen Street, to the Parks & Recreation Commission to fill four-year term January 1,2004 - January 1, 2008; Josephine Hensch, 3107 Balfour Place and Nancy Wombacher, 3644 Elgin Drive, to the Senior Center Commission for three-year terms January 1,2004 - December 31,2006. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried unanimously. The Mayor noted the previously announced vacancy: Police Citizens Review Board for one vacancy to fill an unexpired term ending September 1,2005. Applications must be received by 5:00 p.m., Wednesday, November 19. The Mayor announced the following vacancies: Airport Commission for two vacancies to fill unexpired terms, one ending March 1,2007 and the other March 1,2008. Correspondence included in Council packet; Planning & Zoning Commission for one vacancy to fill an unexpired term ending December 31, 2005. Correspondence included in Council packet. Applications must be received by 5:00 p.m., Wednesday, December 17. Moved and seconded to accept correspondence from Rick Mascari, Michelle Robnett and Ann Bovbjerg. The Mayor declared the motion carried. Moved and seconded to accept correspondence from James Knapp presented under item #16. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting at 9:10 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 C~erk 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 $ I ~'~1~ ~ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 11/17/03 Iowa City City Council Special meeting, 6:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. Absent: Wilburn. Moved and seconded that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended: Correspondence: Public Power: Larry Baker, Tom Carsner, Adam Burke, Jean Martin. Nell Brysiewicz regarding Parking Resources [staff response included]. Alan Lipped regarding Drinking. Jay and Mary Honeck regarding Iowa City Airport. Dennis Kowalski regarding "Megaburb". James Knapp regarding Plaza Towers. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING STOPPING OR STANDING 8 AM - 9 AM AND 1:30 PM - 3:30 PM ON SCHOOL DAYS Signs on the East Side of the Southlawn Drive between the Driveways to the Lucas Elementary School South Parking Lot; Installation of NO PARKING ANYTIME TOW AWAY ZONE Signs on the North Side of Court Street between South Dubuque Street and the Alley to the West During Construction of the Court Street Transportation Center. Lauren Reece (Iowa City Community School District) regarding Affordable Housing. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-349, SUPPORTING THE DEVELOPMENT THROUGH NEW CONSTRUCTION OF FOURTEEN AFFORDABLE HOUSING UNITS AT CATSKILL COURT, WHISPERING MEADOW DRIVE, AND INDIGO COURT IN IOWA CITY THROUGH THE LOW-INCOME HOUSING TAX CREDIT PROGRAM. Moved and seconded to set a public hearing for December 16 on an ordinance rezoning approximately 1/3 of an acre from Planned High-Density Multi-Family Residential (PRM) to Sensitive Areas Overlay Planned High Density Multi-Family Residential (OSA-PRM) for property located at 512 S. Dubuque Street. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Atty. C. Joseph Holland. The Mayor declared the motion carried. The Mayor announced the following vacancy: Board of Adjustment to fill an unexpired term ending January 1,2007. Applications must be received by 5:00 p.m., Wednesday, December 17. Moved and seconded to accept correspondence from Eric Gidal. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies: Police Citizens Review Board for an unexpired term ending September 1,2005. Applications must be received by 5:00 p.m., Wednesday, November 19. Airport Commission for two vacancies to fill unexpired terms ending March 1,2007 and the other March 1,2008. Planning & Zoning Commission for an unexpired term ending May 1,2005. Airport Zoning Board of Adjustment for an unexpired plus a five-year term ending December 31,2008. Board of Appeals for a Mechanical Professional to fill a five-year term 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. Parks & Recreation Commission for a four-year term January 1,2004 - January 1,2008. Applications must be received by 5:00 p.m., Wednesday, December 17. Moved and seconded to adjourn special meeting 6:10 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. Official Actions November 17, 2003 Page 2 s/Ernest W. Lehman, Mayor s/M..~an K. Karr, C, it/v Cl~r/k . Subm~ed for publication - 11/19/03. 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 NOVEMBER 10, 2003 Iowa City City Council, special meeting 6:15 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. Absent: Wilburn. Staff members present: Dilkes, Karr. Council minutes tape recorded on Tape 03-78, Side 2. Moved by O'Donnell, seconded by Vanderhoef, to adjourn to executive session to consider a motion to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried and adjourned into executive session at 6:16 p.m. Council returned to open session 6.34 p.m. Moved by O'Donnell, seconded by Champion, to adjourn the special meeting at 6:35 p.m. The Mayor declared the motion carried unanimously, 4/0, Pfab, Kanner, Vanderhoef absent. 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 NOVEMBER 10, 2003 Iowa City City Council meeting 7:10 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Boelk, Fosse, Knoche, O'Malley, Franklin, Hightshoe, Scott. Council minutes tape recorded on Tape 03-79, Sides 1 & 2; Tape 03-80, Side 1. The Mayor proclaimed Hunger and Homelessness Awareness Week - November 16- 22, Dayna Ballantine, Food Bank Director, Crisis Center accepting; Deployed Veterans Remembrance Day; National Hospice Month, Susan Murty, accepting. The Mayor presented Outstanding Student Citizenship Awards to Twain Elementary students: John Finnie, Britney Opheim, Michelle Pelechek. Moved by O'Donnell, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as amended and to consider for separate consideration item 4e(1) a resolution supporting the development of affordable housing units through the Low-Income Housing Tax Credit Program and item 4e(2) a resolution supporting the development of three affordable housing units at 912 2nd Avenue through the Iow income housing tax credit program and defer indefinitely item 4e(7) a resolution accepting work for the sanitary sewer, storm sewer, water main, and paving public improvements for Galway Hills Subdivision, Part Seven. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 27 Special Work Session and October 28 Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Iowa City Board of Appeals - October 6. Iowa City Public Library - September 25. Police Citizens Review Board - October 14. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Wine Permit for Aldi, Inc., dba Aldi, Inc. #06, 1534 S. Gilbert St. Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #06, 1534 S. Gilbert St. Renewals: Class B Wine Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. Motions: Notifying the Iowa City Planning and Zoning Commission of the petition for the establishment of the CB-10 Self-Supported Municipal Improvement District filed with the City Clerk on October 10, 2003 and referring said petition to the Planning and Zoning Commission for the preparation of an evaluative report for the Council on the merit and feasibility of the project, all in accordance with Section 386.3(3) of the Iowa Code. Resolutions: RF:S. 03-340, AUTHORIZING THI: MAYOR TO SIGN AND THI: 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 838 RUNDELL STREET, IOWA CITY, IOWA. RES. 03-341, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. RES. 03-342, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. RES. 03-343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE AGREEMENTS, A MORTGAGE, AND A PROMISSORY Complete Description November 10, 2003 Page 2 NOTE FOR THE PROPERTY LOCATED AT 422 IOWA AVENUE, IOWA CITY, IOWA. Correspondence: David Skorton regarding Request for Consideration of University Property for Sharpshooting. Ryan Duffy regarding Smoking Project [staff response included]. Eve Casserly regarding State AARP Healthcare Forum. Amy Correia (Housing Trust Fund of Johnson County) regarding National Housing Trust Fund Act. Patricia McCauley regarding Consolidated End-of-Year Review, Program Year 2002. John Neff regarding Public Intoxication Arrests (2) Kevin Liu regarding Backed up Requests [staff response included]. Sidney Miller regarding Homecoming Parade. Baron Thrower (Airport Commission) regarding Strategy Plan Update. Frank Williams regarding Rate Increases. Charlotte Walker regarding Tour of the Senior Center and Recreation Center, Nearly Empty. Lee McGovern regarding Response to Walker Email regarding Tour of the Senior Center and Recreation Center, Nearly Empty. Joe Cherner regarding Cigarette-Caused Fire Kills Family of Seven. JCCOG Traffic Engineering Planner regarding Relocating Bus Stop Signs on Ferson Avenue to Magowan Avenue at the Intersections with McLean Street and River Street and from the Intersection of Magowan Avenue/River Street to Hutchinson/River Street. Installation of a Bus Stop Sign on Rochester Avenue on the South Side of the Street Across from Larch Lane. Council Member Kanner suggested all proclamations be read in their entirety, City Clerk Kart explained Mayor's proclamations are read in their entirety when someone is there to accept, and simply noted in the record if no one is present. Council Member Kanner noted discussion of mandatory sprinklers in fraternities and sororities in the Board of Appeals minutes, and questioned requiring them in all large residential properties; and discussion on the number of licensed people required on a job. The City Manager stated the item would be brought to the City Council after the first of the year. Council Member Kanner questioned what the Planning & Zoning Commission would be examining when the Self-Support Municipal Improvement District (SSMID) was sent to them. City Atty. Dilkes stated the Code requires them to review the feasibility and desirability of the proposal, noting the control of fund rests with Council. Mayor Pro tem Vanderhoef requested a response be made to the letter regarding the early start time for the University Homecoming Parade was at the request of the University. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Pfab, to approve the two items removed from the Consent Calendar dealing with Prairie Garden/Low income Housing. Individual Council Members expressed their views. After discussion original motion withdrawn. Moved by Champion, seconded by Pfab, to adopt RES. 03-344, SUPPORTING THE DEVELOPMENT THROUGH ACQUISITION AND REHABILITATION OF THREE AFFORDABLE HOUSING UNITS AT 912 2ND AVENUE IN IOWA CITY, IOWA THROUGH THE LOW-INCOME HOUSING TAX CREDIT PROGRAM. Individual Council Members expressed their views. Architect Bob Burns appeared. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Vanderhoef, to adopt a resolution supporting the development through new construction of fourteen affordable housing units at Catskill Court, Whispering Meadow Drive, and Indigo Court in Iowa City through the Low-Income Housing Tax Credit Program. Architect Bob Burns appeared. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Champion, to defer the resolution. After discussion motion withdrawn. Council Member Wilburn left the room due to a conflict of interest. Moved by Vanderhoef, seconded by Champion, to amend the resolution to remove the duplexes listed on Whispering Meadow Drive and Indigo Court and go ahead with the vote on those on Catskill Court. Motion to amend withdrawn. Moved by Kanner, seconded Complete Description November 10, 2003 Page 3 by Champion, to defer the resolution to a special meeting at 6:15 p.m. on November 17. The Mayor declared the motion carried, 5/1, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Champion, Kanner. Lehman. Nays: Pfab. Abstaining: Wilburn. Council Member Wilbum returned to the meeting. Nate Green, University of Iowa Student Body President, presented a mid term progress report from the Alcohol and Bar Committee (ABC). Moved by O'Donnell, seconded by Pfab, to accept the report. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance vacating a portion of an alley right-of-way located south of Kirkwood Avenue (Lensing) and west of Diana Street. Winifred Holland, 1105 Diana St., appeared. A public hearing was held on an ordinance amending City Code, Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions." No one appeared. PCD Director Franklin present for discussion. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Patrick Barten. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, that the 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 Apartments) south of Court Street, be given first 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 O'Donnell, seconded by Pfab, that the ordinance vacating a portion of the alley located to the east of 512 S. Dubuque Street (University View Apartments), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council Member Wilburn left the meeting due to a conflict of interest. A public hearing on a proposed amendment to Iowa City's 2001-2006 Consolidated Plan (City Steps). No one appeared. Council Member Wilburn returned to the meeting. A public hearing was held on an ordinance amending title 3 entitled "City Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties"; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 14-3A-2, "Definitions," and Section 14-3a-4, "Rates and Charges for City Utilities" and; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. Public Works Director Fosse presented information. Individual Council Members expressed their views. Moved by Champion, seconded by O'Donnell, that the ordinance amending the City Code Title 10, "Public Ways", Chapter 3, "Commercial Use of Sidewalks", Section 3, "Use of Sidewalk Cafes" to continue to allow all sidewalk cafes to operate until 12:00 midnight, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Champion, to defer to November 25 first reading of ordinance amending Title 2 of the City Code, entitled "Human Rights," to simplify the probable cause determination process, to provide for mediation, to streamline the conciliation process, to define litigation worthy, to establish procedures for public hearings, to modify the powers of the Human Rights Commission, to clarify certain definitions, and to make additional nonsubstantive changes. The Mayor declared the motion carried, 7/0, all Council Members present. Complete Description November 10, 2003 Page 4 Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-345, DIRECTING SALE OF $5,570,000 GENERAL OBLIGATION BONDS, SERIES 2003. Finance Director O'Malley present for discussion. Jim Knapp, 528 Rundell St., appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-346, APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR GROUNDWATER AND SURFACE WATER MONITORING AND ANNUAL WATER QUALITY REPORTS FOR THE IOWA CITY SANITARY LANDFILL. 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. 03-347, APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS COLLECTION SYSTEM OPERATION AND MONITORING AT THE IOWA CITY SANITARY LANDFILL. 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 defer to November 25 a resolution establishing an administrative fee for providing sidewalk repair by contract. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to adopt RES. 03-348, RATIFYING SETTLEMENT OF PENDING LITIGATION. City Atty. Dilkes presented information. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Jim Knapp, 528 Rundell St., appeared regarding sale of bonds and parcel 64-1a. The Mayor noted no applications had been received for the following vacancies: Airport Zoning Board of Adjustment for one appointment for an unexpired plus a five-year term ending December 31,2008; Board of Appeals for one appointment for a Mechanical Professional for a five-year terms January 1,2004 - December 31, 2008; Parks and Recreation Commission for one appointment for a four-year term January 1,2004 - January 1,2008, Historic Preservation Commission to fill one appointment for a Woodlawn District Representative for a three-year term March 29, 2003 - March 29, 2006, and all will be readvertised. 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. Moved by Champion, seconded by Vanderhoef, to make the following appointments to Boards and Commissions: re-appoint Maryann Dennis, 1307 Rochester Avenue, to the Animal Care & Adoption Center Advisory Board to fill a three-year term January 1,2004 - December 31,2006; Michael Wright, 815 Roosevelt Street, to the Board of Adjustment to fill a five-year term January 1,2004 - January 1,2009; re-appoint Anna Buss, P. O. Box 2807, to the Board of Appeals for a five-year terms January 1,2004 - December 31, 2008; Geoff Wilming, 703, S. Seventh Avenue and reappoint Paul Retish, 66 Penfro Drive, and Lisa Beckman, 1234 Santa Fe Drive, to the Human Rights Commission to fill three-year terms January 1, 2004 - January 1,2007; re-appoint Margaret Loomer, 1248 Jensen Street, to the Parks & Recreation Commission to fill four-year term January 1, 2004 - January 1,2008; Josephine Hensch, 3107 Balfour Place and Nancy Wombacher, 3644 Elgin Drive, to the Senior Center Commission for three-year terms January 1,2004 - December 31, 2006. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried unanimously. Complete Description November 10, 2003 Page 5 The Mayor noted the previously announced vacancy: Police Citizens Review Board for one vacancy to fill an unexpired term ending September 1,2005. Applications must be received by 5:00 p.m., Wednesday, November 19. The Mayor announced the following vacancies: Airport Commission for two vacancies to fill unexpired terms, one ending March 1,2007 and the other March 1,2008. Correspondence included in Council packet; Planning & Zoning Commission for one vacancy to fill an unexpired term ending December 31,2005. Correspondence included in Council packet. Applications must be received by 5:00 p.m., Wednesday, December 17. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Rick Mascari, Michelle Robnett and Ann Bovbjerg. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion to accept correspondence from James Knapp presented under item #16. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Pfab reminded citizens of the PATV annual business meeting scheduled for Thursday evening, November 20. Council Member Champion acknowledged the suggestion by Mayor Pro tern Vanderhoef to schedule a work session on Iow income housing locations. Council Member O'Donnell congratulated Dee Vanderhoef and Ross Wilburn on their re-election, and Regenia Bailey and Bob Elliott on their election, to the City Council. Mayor Pro tem Vanderhoef stating she would be attending the legislative lobbying conference in Des Moines November 12, and encouraged Council to let her know of any item for the League as she would be staying overnight for the State League Board meeting. Council Member Wilburn stated he had copied Council on an invitation to the East Central Iowa Council of Government legislative forum; and thanked voters for their support, and his opponent for her kind words after the election. Council Member Kanner stated his appreciation for copying Council on the list of questions submitted to Mr. Latham for the upcoming work session on municipal power; stated he was waiting for an Attorney General opinion on when an election could be held for municipal utility; and wished KJ a happy second anniversary. City Atty. Dilkes reported that the Johnson County Auditor had informed her he was waiting for her opinion on the municipal utility election. Council requested that the work session on municipal power be televised on November 17. The Mayor noted that meeting would permit written question from the public to be submitted. Mayor Lehman noted Veterans Day on November 11. Council Member Pfab thanked the Senior Center for the veterans celebration events planned. City Clerk Kart asked Council to review the tentative schedule included in their packets regarding meeting schedules for the remainder of the year. Moved by O'Donnell, seconded by Vanderhoef, to adjourn special meeting at 9:10 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 NOVEMBER 17, 2003 Iowa City City Council Special meeting, 6:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. Absent: Wilburn. Staff members present: Atkins, Helling, Dilkes, Karr, Boothroy, Nasby. Council minutes tape recorded on Tape 03-80, Side 2. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended: Correspondence: Public Power: Larry Baker, Tom Carsner, Adam Burke, Jean Martin. Neil Brysiewicz regarding Parking Resources [staff response included]. Alan Lippert regarding Drinking. Jay and Mary Honeck regarding Iowa City Airport. Dennis Kowalski regarding "Megaburb". James Knapp regarding Plaza Towers. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING STOPPING OR STANDING 8 AM-9 AM AND 1:30 PM- 3:30 PM ON SCHOOL DAYS Signs on the East Side of the Southlawn Drive between the Driveways to the Lucas Elementary School South Parking Lot; Installation of NO PARKING ANYTIME TOW AWAY ZONE Signs on the North Side of Court Street between South Dubuque Street and the Alley to the West During Construction of the Court Street Transportation Center. Lauren Reece (Iowa City Community School District) regarding Affordable Housing. Affirmative roll call vote unanimous, 6/0, Wilbum absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-349, SUPPORTING THE DEVELQPMENT THROUGH NEW CONSTRUCTION OF FOURTEEN AFFORDABLE HOUSING UNITS AT CATSKILL COURT, WHISPERING MEADOW DRIVE, AND INDIGO COURT IN IOWA CITY THROUGH THE LOW-INCOME HOUSING TAX CREDIT PROGRAM. Individual Council Members expressed their views. Majority directed staff to begin drafting a scattered site housing policy. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to set a public hearing for December 16 on an ordinance rezoning approximately 1/3 of an acre from Planned High-Density Multi- Family Residential (PRM) to Sensitive Areas Overlay Planned High Density Multi-Family Residential (OSA-PRM) for property located at 512 S. Dubuque Street. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Atty. C. Joseph Holland. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. The Mayor announced the following vacancy: Board of Adjustment to fill an unexpired term ending January 1,2007. Applications must be received by 5:00 p.m., Wednesday, December 17. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from Eric Gidal. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. The Mayor noted the previously announced vacancies: Police Citizens Review Board for an unexpired term ending September 1,2005. Applications must be received by 5:00 p.m., Wednesday, November 19. Airport Commission for two vacancies to fill unexpired terms ending March 1,2007 and the other March 1,2008. Planning & Zoning Commission for an unexpired term ending May 1,2005. Airport Zoning Board of Adjustment for an unexpired plus a five-year term ending December 31,2008. Board of Appeals for a Mechanical Professional to fill a five-year term 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. Parks & Recreation Commission for a four-year term Complete Description November 17, 2003 Page 2 January 1,2004 - January 1, 2008. Applications must be received by 5:00 p.m., Wednesday, December 17. Council Member Pfab reminded citizens of the PATV annual meeting scheduled for Thursday, November 20. Council Member Kanner requested that the staff proposal on a scattered site housing policy include requirements that when the City contributes to road development within a planned development that a certain percentage be put into affordable housing and be universal designed for accessibility for people with disabilities. Moved by O'Donnell, seconded by Pfab, to adjourn special meeting 6:10 p.m. The Mayor declared the motion carried unanimously, 6/0, Wilbum absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk