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HomeMy WebLinkAbout2003-12-16 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 DECEMBER 16, 2003 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Knoche, O'Neil, Boelk, Nasby, Helling, Fosse. Council minutes tape recorded on Tape 03-87; Side 2; Tape 03-89, Side 1. The Mayor proclaimed: Aviation Day - December 17, Airport Commission Vice Chair Randy Hartwig accepting. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Katie Goldsmith, Morgan Ohland, Jonathan Powell. The Mayor presented recognition gifts to outgoing Council Members Steven Kanner and Irvin Pfab. Moved by Champion, seconded by O'Donnell, 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) motion setting public hearing on an amendment to the FY04 Annual Action Plan Budget: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 17 Special Work Session; November 24 Special Work Session; November 24 Special Council Formal Official and Complete; November 25 Special Council Formal Official and Complete; December 2 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 Airport Commission - November 13; Iowa City Public Library Board of Trustees - October 23; Planning and Zoning Commission - November 6; Planning and Zoning Commission - November 20; Police Citizens Review Board - October 29 Recommendation to Council: Accept PCRB Report on Complaint #03- 05; Accept PCRB Report on Complaint #03-06 and #03-07; Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Iowa City Group, LLC, dba Piano Lounge, 217 Iowa Ave. Comment: Memo from Johnson County Attorney included in packet. Class C Liquor License for Moon Rye Chin dba Aoeshe Restaurant, 624 S. Gilbert St. Class C Liquor License for Jamis, LLC, dba Ground Round Restaurant, 830 S, Riverside Dr. Renewals: Class C Liquor License for New Yen Ching Restaurant, Inc., dba New Yen Ching Restaurant, 1803 Boyrum. Class B Liquor License for Ackerman Investment Co., dba Quality Inn & Suites, Highlander Conference Center, 2525 N. Dodge St. Class C Liquor License for Oabe's, Inc., dba Gabe's, 330 E. Washington St. Outdoor Service Area for Gabe's, Inc., dba Gabe's, 330 E. Washington St. Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St. Class C liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St. Special Class C Liquor License for USIAM, Inc., dba Thai Flavors, 340 E. Burlington St. Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St. Special Class C Liquor License for India Cafb, Corp., dba India Cafb, 227 E. Washington St. Class C Beer Permit for JG Robins, Inc., dba Petro-N- Provisions, 2 Escort Ln. Class C Liquor License for CMB, Inc., dba Gringo's, 115 E. College St. Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafb, 1411 S. Waterfront. RES. 03-366, TO ISSUE DANCE PERMIT for Gabe's, Inc., dba Gabe's, 330 E. Washington St. and Ackerman Complete Description December 16, 2003 Page 2 Investment Co., dba Quality Inn & Suites, Highlander Conference Center, 2525 N. Dodge St. Motions: Approve disbursements in the amount of $9,255,534.78 for the period of August 1 through August 31,2003, as recommended by the Finance Director subject to audit. Resolutions: RES. 03-367 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO AGREEMENTS FOR THE PROPERTY LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA. RES. 03-368, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 430 NORTH VAN BUREN STREET, IOWA CITY, IOWA. RES. 03-369, ACCEPTING THE WORK FOR THE 2003 PARKING RAMP MAINTENANCE AND REPAIR PROJECT. RES. 03-370, ACCEPTING THE WORK FOR THE 2002 CURB RAMP PROJECT. Correspondence: John McKinstry regarding Homeless Overflow Shelter. Jennifer Bradshaw regarding Plaza Tower Construction [staff response included]. Jim Knapp regarding Plaza Towers. Rachelle Deuster regarding 19 and Older in Bars [staff response included]. Ewan Hamilton regarding Sound Pollution. John Neff regarding Public Intoxication. Dennis Kowalski regarding Mr. Moen. John and Sandra Hudson regarding Downtown Iowa City. Spencer Long regarding College Green Park Lighting. Meghann Dowd regarding Binge Drinking [staff response included]. Jay Honeck regarding Iowa City Airport History [staff response included]. Mark Hayes regarding Off-Leash Recreation Area. Steven Dranoff regarding Bullying. Mary Lizabeth Goodman regarding Downtown Parking. Mike Messier regarding 1st Ave RR Crossing [staff response included]. JCCOG Traffic Engineering Planner regarding Installation of a STOP Sign at the Intersection of Cumberland Lane and Arlington Drive; The Existing Sign Located on the North Side of Iowa Avenue between Gilbert Street and Van Buren Street which Indicates NO PARKING 2 AM - 6AM/TOW-AWAY ZONE/LOADING ZONE will Remain as is, Except 15 MIN LIMIT will be Added; The Existing Sign Located on the North Side of Washington Street between US Bank and the US Bank Parking Lot which Indicates NO PARKING 2 AM - 6 AM/TOW-AWAY ZONE/LOADING ZONE/15 MINUTE LIMIT/ENFORCED MON-SAT 9 AM - 9PM will Remain as is, Except the Time of Enforcement will be Changed to 6 AM - 5 PM. Liz Goodman regarding Downtown Parking [Staff response included]. David Wergeland for Lewis Investments Inc. regarding Bayard Street Property. Council Member Pfab noted the addition of correspondence to include staff response to Liz Goodman regarding downtown parking; and David Wergeland from Lewis Investments. Council Member Kanner noted the work session minutes of November 24 concerning financing for the child center at the Court Street transportation facility, and encouraged information be provided sooner to allow possible solution be explored; requested a change in the November 25 formal complete description minutes to delete the name of the restaurant from his comments on the Consent Calendar; and reference the Airport Commission minutes, and encouraged future Council's to be assertive as they review consultant recommendations. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council Member Wilburn left the room due to a conflict of interest. Moved by Champion, seconded by O'Donnell, to set a public hearing for January 6 regarding an amendment to the FY04 Annual Action Plan budget, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps), as amended, to allow Prairie Garden IHA IP to use FY04 City HOME Funds to acquire 912-14 2nd Avenue, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Complete Description December 16, 2003 Page 3 Council Member Wilburn returned to the meeting. Senior Center Commissioner Jay Honohan, 1510 Somerset Lane, wished everyone a Merry Christmas and a Happy New Year, and updated Council on activities at the Center. Brandon Ross and Jim Knapp acknowledged the 4 year Council terms of outgoing Councilors Pfab and Kanner. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for January 6 on an ordinance rezoning approximately 119.94 acres from ID-RS, Interim Development Single- Family and ID-RM, Interim Development Multi-Family, to OPDH-5, Planned Development Overlay - Single Family Residential, subject to conditions, for property located south of Pepperwood Addition and east of Gilbert Street (Sandhill Estates). 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 January 6 on an ordinance rezoning approximately 16.1 acres from Residential Factory Built Housing, RFBH, to Planned Development Housing Overlay-12 (OPDH-12), for property on Heinz Road south of Paddock Boulevard (Saddlebrook Development). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Irene Klinzman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Pfab, to set a public hearing for January 6 on an ordinance rezoning approximately 25.07 acres from Highway Commercial, CH-l, to Sensitive Areas Overlay (SAO/CH-1) for property located west of Mormon Trek Boulevard and south of Highway 1 (J JR Davis Addition/Carousel). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on 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 (University View Partners). No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation of approximately 1/3 of an acre from Planned High Density (PRM) to Sensitive Areas Overlay Planned High Density Multi-Family Residential (OSA-PRM), for property located at 512 S. Dubuque Street (University View Partners), be given first vote. City Engr. Knoche present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Wilburn, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-371, APPROVING FINAL PLAT OF LINDFMANN SUBDIVISION PART TWO A, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 03-372, APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART THREE, IOWA CITY, IOWA. 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. 03-373, APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART FOUR, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description December 16, 2003 Page 4 Moved by Champion, seconded by Vanderhoef, that the ordinance amending Title 3 entitled "City Finances, Taxation and 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, as amended, be given first vote. The following individuals appeared requesting that the first consideration of the ordinance be deferred to allow discussion with staff and local representatives: Iowa City Area Chamber of Commerce Vice President Rebecca Neades and President Pat Guard; David Bywater (Emily and Megan), 211 Post Road, representing a member of the Chamber. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Pfab, to defer first consideration of the ordinance. The Mayor declared the motion defeated, 2/5, with the following show of hands: Ayes: O'Donnell, Pfab. Nays: Kanner, Wilburn, Vanderhoef, Lehman, Champion. City Engr. Fosse present for discussion. The Mayor declared the motion for first consideration carried, 5/2, with the following division of roll call vote. Ayes: Wilburn, Champion, Kanner, Lehman, Vanderhoef. Nays: O'Donnell, Pfab. Absent: None. Moved by Vanderhoef, seconded by Wilburn to accept correspondence from Rebecca Neades and Patrick Guard representing the Iowa City Area Chamber of Commerce. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Wilburn, to adopt ORD. 03-4104, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Champion, to adopt ORD. 03-4105, 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 passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Moved by Pfab, seconded by Champion, to adopt RES. 03-374, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE GOOSETOWN NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Champion, to adopt RES. 03-375, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE LONGFELLOW NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Member Wilburn left the room due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-376, AMENDING IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (A.K.A. CITY STEPS); AS AMENDED BY CHANGING THE PRIORITY FOR NEIGHBORHOOD FACILITIES FROM "MEDIUM" TO Complete Description December 16, 2003 Page 5 "HIGH". Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Council Member Wilburn returned to the meeting. Council Member Wilbum left the room due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-377, APPROVING FUNDING FOR EXTEND THE DREAM FOUNDATION FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZATION FOR THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Council Member Wilburn returned to the meeting. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-378, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, THE IOWA DEPARTMENT OF TRANSPORTATION AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE NORTH DODGE STREET PROJECT, STP-1~5(69)--2C-52. City Engr. Knoche present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. The Mayor announced the following vacancies: Airport Zoning Commission to fill a six- year term ending December 31,2009. Applications must be received by 5:00 p.m. Wednesday, January 21. The Mayor noted the previously announced vacancies: Airport Commission to fill two unexpired terms ending March 1,2007 and the other March 1,2008; Airport Zoning Board of Adjustment to fill 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. Council Member Pfab thanked the citizens of Iowa City and the City Council, and stated he hoped that all the wishes of the incoming Council would be fulfilled. Council Member Champion wished everyone Happy Holidays, and A Happy New Year; and wished outgoing Councilors Pfab and Kanner good luck. Council Member O'Donnell noted that four Council Members (Lehman, Champion, Wilburn and O'Donnell) attended the ground breaking for Plaza Towers; wished everyone a great new year; and wished outgoing Councilors Pfab and Kanner good luck. Mayor Pro tern Vanderhoef reported on her attendance at the 100th year celebration of the U.S. Geological Survey of the apparatus to measure the flood control in our area; stated she had just returned from the National League Cities Conference and would be sharing information throughout the year; wished everyone Happy Holidays, Merry Christmas and a Happy New Year. Council Member Wilburn thanked citizens that Project Holiday would be going on December 24 and 25, and this collaboration (Salvation Army, Elder Services, Visiting Nurses, and Crisis Center) provided different types of assistance to folks in need during the holiday; wished everyone Happy Holidays; thanked the young people at the Senior High Alternative Complete Description December 16, 2003 Page 6 Program for helping him being sworn for his second term; and stated he was looking forward to working with the new Council and the Hawks to pull out a win on January 1st. Council Member Kanner noted the Emerson Point reception scheduled for December 17th; wished a happy 43rd birthday to his press secretary and friend Meg White; thanked Council and local artist Marcia Wegman for the gift print; noted his best thing he brought to the City Council was the issue of municipal power; thanked Iowa Citians for letting him help to make the City live up to its potential; and wished everyone L'Chiam (Life). Mayor Lehman reported a number of street lights out on Washington and Clinton Streets; noted the death of Iowa City legend Al Grady; wished outgoing Councilors Pfab and Kanner the best; and wished folks Merry Christmas and a wonderful holiday season, encouraging people to spend the holidays with families. Moved by O'Donnell, seconded by Wilburn, to adjourn special meeting at 8:26 p.m. Th eMayor declared the motion carried un an imou~0, a~Cou ncil~em~ ~resent. '~rr~st W. Lehman, Mayor Mana~"-fi K. Karr, City Clerk City of Iowa City MEMORANDUM Date: November 24, 2003 To: Mayor and City Council From: Madan K. Kan', City Clerk Re: Special Council Work Ses$ion~ November 17', 200:3, 6:$0 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum Staff: ^tkin$, Helling, Dilkes, Kart, Matthews, O'Malley Tapes: 05-81 & 0~-85; Both Sides (^ complete transcription is available in the City Clerk's Office) MUNICIPAL ELECTRICITY UTILITY Bob Latham, President, and Louie Ervin, Executive Vice President of Latham & Associates presented information. Meeting adjourned 9:05 PM. City of Iowa City MEMORANDUM Date: November 24, 2003 To: Mayor and City Council From: Madan K. Karr, City Clerk Re: Council Work Session, November 24, 2003, 6:50 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilbum Absent: Pfab Staff: Atkins, Helling, Dilkes, Karr, Franklin, Shank, Fowler, Davidson Tapes: 03-84, Both Sides (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. ORDINANCE VACATING A PORTION OF AN ALLEY RIGHT-OF.WAy LOCATED SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA STREET. (Lenslng) (VAC03- 00001) (FIRST CONSIDERATION) B. ORDINANCE AMENDING CITY CODE, TITLE t4, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," SECTION .2, ENTITLED "DEFINITIONS." (Restaurant) (SECOND CONSIDERATION) PCD Director Franklin stated staff request expedited action. C. ORDINANCE cHANGING THE ZONING DESIGNATION OF APPROXIMATELY i3,500 SQUARE FEET FROM CENTRAL BUSINESS DISTRICT (CB-2), TO PLANNED HIGH DENSITY RESIDENTIAL (PRM), LOCATED AT 5'12 S. DUBUQUE STREET SOUTH OF COURT STREET. (University View Partners) (REZ03-00021) (SECOND CONSIDERATION) The Mayor indicated that the applicant had requested expedited action and the item was not included on the special formal meeting held earlier. The Mayor suggested that if items b and c could not be expedited tomorrow evening a special formal meeting be held for consideration of both items prior to Council's orientation meeting on December 2. Council concurred. D. ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 512 S. DUBUQUE STREET (University View Partners) (VAC03-00002) (PASS AND ADOPT). PCD Director stated this item was related to item 10 on the agenda. Council may wish to move item d, final reading on the vacation, until after the public hearing and conveyance later on the agenda. Council Work Session November 24, 2003 Page 2 E, RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART TWO A. (SUB03-00037) PCD Director requested deferral of items e, f, and g until December 16 to address an issue with legal papers.. F. RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART THREE. (SUB03-00038) See previous item. G. RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART FOUR. (SUB03-00039) See previous item. H. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF OAKMONT ESTATES. (SUB03-00019 AND SUB03-00034) h RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES, PART 5. (SUB03-00025) AGENDA ITEMS 1. (Item 9 - Ordinance amending .... Human Rights ... Ordinance ...) Human Rights Coordinator Shank and City Atty. Dilkes present for discussion. Mayor Pro tem Vanderhoef requested a short memo regarding mediation numbers and costs. 2. (Item 12~ Resolution ... agreement... Department of Transportation ... University of lowa ... sidewalk extension ... Hawkins Drive to Elliot Drive ... ) In response to Mayor Pro tern Vanderh~)ef, PCD Director stated the project was all on University property, and the City was facilitating the funding. 3. (Item 14 ... resolution ... administrative fee for ... sidewalk repair by contract) In response to Council, the City Manager and City Attorney stated the fee covered some paperwork and postage, and was just a cost recovery. 4. (Item 13 ... resolution ... agreement ... Earth Tech ... consultant services ... Mormon Trek Boulevard Extension Project Phase 2) In response to Mayor Pro tem Vanderhoef, City Manager Atkins stated it was the City's intent to utilize our own project manager. 5. (Consent Calendar items 4b(1) and 4d(2) - Historic Preservation Minutes) In response to Council Member Kanner, PCD Director Franklin clarified the discussion of the creation of an Historic District on the north side rather than a landmark designation specific to one property; and stated she was getting more information on the remarks made by Planner McCafferty relative to working on projects outside of City time. Council Work Session November 24, 2003 Page 3 COUNCIL APPOINTMENTS Police Citizens Review Board - appoint Roger Williams COUNCIL TIME 1. Council Member O'Donnell expressed concerns regarding "public discussion" at the formal meeting being more interactive than intended. The City Clerk noted the item was on the Council orientation work session agenda of December 2. 2. (Consent Calendar 4f(7) - Letter from Pastor Bruce Fischer, Congregational Church, requesting use of city owned building for emergency shelter needs) Council referred the request to the City Manager for information, and requested the matter be scheduled for the December 15 work session. 3. (item 2a - Special Presentation from (BIC) Bicyclists of Iowa City) In response to Council Member Kanner, the City Manager reported that BIC representatives would be presenting a check to the City for bike safety programs. 4. (Item 17 ... resolution ... authorizing and providing for issuance ... $5,570,000 General Obligation Bonds ...) In response to Council Member Kanner, the City Manager stated Council had authorized the sale at the previous meeting, and items could not be voted on separately. 5. lIP4 of 11/20 Information Packet ... Eastside Loop Route) Parking & Transit Director Fowler responded to questions regarding extending the Eastside Loop to provide service to Windsor Ridge, and shorten the second afternoon run from Sycamore Mall. CHILD CARE CENTER / COURT ST TRANSPORTATION FINANClNR City Manager Atkins and Asst. PCD Director Davidson presented information. Council Member Wilburn left the table due to a conflict of interest. Council agreed that $250,000 in proceeds from parcel 64-1a will not be used for the transportation center childcare center, but will be forward to HCDC for reallocation. The City will internally finance the fit-out of the child care center, and pay back would be generated from a contract with a private provider through lease payments. Additional income generated would be applied to Transit. Atkins announced Greyhound had received a $200,000 grant to build out the bus depot. STAFF ACTION: Proceed as outlined. (Davidson) Meeting adjourned 8:10 PM. t 12-16-03 Publish 12/9 4a(3) Subject to change as finalized by the City Clerk. For a final official copy, contact the C y 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 - 11/24/03 Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Pfab. Moved and seconded that the ordinance amending City Code, Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions," be given first vote. The Mayor declared the motion carried. Moved and seconded that 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, be given first vote. Moved and seconded to defer to December 16. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting at 6:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City CJerk Submitted for publication - 12\2\02. 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 - 11/25/03 Iowa City City Council Special meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Pfab. 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 and seconded 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 ATTEST A 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 CAFI~. 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, FOR A SIDEWALK CAFI~. 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, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER Official Actions November 25, 2003 Page 2 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 CAKES 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 6, 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. The Mayor declared the motion carried. Moved and seconded that the ordinance vacating a portion of an alley right-of-way located south of Kirkwood Avenue and west of Diana Street, be given first vote. The Mayor declared the motion carried. Moved and seconded that ordinance amending City Code, Title 14, Chapter 6, entitled "Zoning,, Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions," be given second vote. 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 second vote. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 03-358, APPROVING THE PRELIMINARY AND FINAL PLAT OF OAKMONT ESTATES, IOWA CITY, IOWA. Moved and seconded to adopt RES. 03-359, APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES, PART 5 LOCATED AT WILD PRAIRIE DRIVE AND PRAIRIE GRASS LANE. 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," Official Actions November 25, 2003 Page 3 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 second vote. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. 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. Moved and seconded 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. Moved and seconded that ORD. 03-4101, VACATING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 512 S. DUBUQUE STREET, be passed and adopted. Moved and seconded 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, LOT 1, RUPPERT HILLS SUBDIVISION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 03-362, 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 SIDE 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]. Moved and seconded 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. Moved and seconded to adopt RES. 03-364, ESTABLISHING AN ADMINISTRATIVE FEE FOR PROVIDING SIDEWALK REPAIR BY CONTRACT. Moved and seconded to approve a Tax Exemption Certificate. The Mayor declared the motion carried. Moved and seconded to approve a Continuing Disclosure Certificate. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-365, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Moved and seconded 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. Official Actions November 25, 2003 Page 4 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.] Moved and seconded to adjourn special meeting at 7:50 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 Clerk Submittbd for publication - 12/2/03. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 12/2/03 Iowa City City Council special meeting 4:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Pfab. Moved and seconded that ORD. 03-4102, AMENDING CITY CODE, TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," SECTION 2, ENTITLED "DEFINITIONS," be passed and adopted. Moved and seconded that ORD. 03-4103, 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 passed and adopted. Moved and seconded to adjourn special meeting 4:10 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 Clerk Submitted for publication- 12/3/03. 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 24, 2003 Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Pfab. Staff members present: Atkins, Helling, Dilkes, Karr, Fosse, Franklin, Shank, Boelk, Helling. Council minutes tape recorded on Tape 03-82, Side 1. Moved by Champion, seconded by Vanderhoef, that the ordinance amending City Code, Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions," be given first vote. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, that 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, be given first vote. Moved by Champion, seconded by O'Donnell to defer to December 16. Individual Council Members expressed their views. City Atty. Dilkes and Public Works Director Fosse present for discussion. Council requested the Economic Development Committee talk with representatives from the industrial community on implications. Staff will prepare variety of options for that meeting as well. The Mayor declared the motion to defer carried, 5/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: Pfab. Moved by O'Donnell, seconded by Wilburn, to adjourn special meeting at 6:50 p.m. The Mayor declared the motion carried unanimously, 6/0, Pfab 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 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 03-62; 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 Airpor[ 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 ATTEST A 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 ATTESTA 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 VlTO'S, FOR A 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 regardin9 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 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 SEWER, EWER, WATER MAIN, LIFT STATION, FORCE MAIN, PUBLIC ~ROVEMENTS FOR DEAN OAKES SIXTH ADDITION, A DECLARING THE IMPROVEMENTS OPEN FOR PUBLIC ACCESS ANI' RES. 03- 356, i THE WORK FOR THE SANITARY SEWER, SEWER, TILE LINE, MAIN, AND PAVING PUBLIC IMPROVEMEI' FOR HOLLYVVOOD ,NOR - PART 8, AND DECLARING IMPROVEMENTS OPEN FOR ACCESS AND USE. RES. 03-357, MAYOR TO SIGN AND ;ITY CLERK TO ATTEST AN AGREEI CITY OF IOWA ,ND SOUTH SLOPE CO(: TELEPHONE COMPANY TO ORTION OF CITY STREETS PUBLIC RIGHTS-OF- WAY FOR THE OPERATION AND DE OF A FIBER OPTIC NETWORK. Correspondence: Ann Bric Recreation Building [staff response included]. Undera(:)rinking Brandon Zeigler, Derek Schairer, Peri Kaplan. Dave Vail Parking. Stel Cheng regarding Mutt Mitts. Herman D. Thornton regarding ;criminatio~ Traffic Engineering Planner regarding RIGHT sign. Bruce F. Fischer (The Congregational Church) Recreation Center to accommodate overflow from Shelter House. Council Member Kanner noted the ng alleged discrimination at The Vine, and asked Human Rights Coordinator Shank t¢ up. Asst. City Mgr. Helling reported that staff had responded. Affirmative roll call ~ 6/0, Pfab absent. The Mayor declared the motion carried. Moved by Champion, that the ordinance vacating a portion of an alley right-of-way located Kirkwood de and west of Diana Street (Lensing), be g roll call vote nimous, 6/0, Pfab absent. The Mayor declared the motion carrk Moved by Vanderhoef by O'Donnell ~e rule requiring ordinances to be considered and voted on f passage at two ~eetings prior to the meeting at which it is to be finally pass be suspended, the second ~ leration and vote be waived, and that ordinance amenc City Code, Title 14, Chapter 6, led "Zoning," Article B, entitled "Zoning Section 2, entitled "Definitions," be for final passage at this time. The Mayor the motion defeated, 5/1, with division of roll call vote. Ayes: Lehman, all, Vanderhoef, Wilburn, Champion. s: Kanner. Absent: Pfab. Moved by Wil seconded by Champion to give second ~r consideration to ordinance. The Ms the motion carried, 6/0, Pfab absent. '~ Moved by ;11, seconded by Champion, that the ordinance c~anging the zoning designation of 13,500 square feet from Central Business Dis~ict (CB-2), to Planned High Residential (PRM), located at 512 S. Dubuque Street (University View Apartments) s ~th of Court Street, be given second vote. The Mayor declared",t,he motion carried, 5/1th the following division of roll call vote. Ayes: O'Donnell, Vanderhp, ef, Wilburn, Champion, Nays: Kanner. Absent: Pfab. The ayor 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. 05-361, 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. 03-362, 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 SIDE 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, Wilburn, 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. 03-365, 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. ']'he 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 Wilbum 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 adjourn special meeting at 7:50 p.m. The Mayor declared the motion carried unanimously, 6/0, Pfab 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 DECEMBER 2, 2003 Iowa City City Council special meeting 4:00 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. Council minutes tape recorded on Tape 03-85, Side 2. Moved by Champion, seconded by Vanderhoef, that ORD. 03-4102, AMENDING CITY CODE, TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," SECTION 2, ENTITLED "DEFINITIONS," (restaurant) be passed and adopted. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Vanderhoef, that ORD. 03-4103, 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 COURT STREET, be passed and adopted. The Mayor declared the ordinance adopted, 5/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: Pfab. Moved by O'Donnell, seconded by Vanderhoef, to adjourn special meeting 4:10 p.m. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk