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HomeMy WebLinkAbout2004-01-06 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 JANUARY 6, 2004 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, Boelk. Council minutes tape recorded on Tape 04-01, Side 2; Tape 04-03, Both Sides. Mayor Lehman welcomed two new Council Members Elliott and Bailey, and reminded them that the Council retreat was scheduled for 8:45 AM on Thursday, January 8. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Asumi Shibata, Andrew Wilkes, Margaret Yapp. 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: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. December 2 Special Work Session; December 15 Special Council Formal Official and Complete; December 15 Regular Work Session; December 16 Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Housing and Community Development Commission - October 16, 2003; Human Rights Commission -October 28, 2003; Board of Adjustment- November 12, 2003; Parks and Recreation Commission - November 12, 2003; Historic Preservation Commission - November 13, 2003; Senior Center Commission - November 17, 2003; Housing & Community Development Commission - November 20, 2003; Iowa City Public Library - November 20, 2003; Iowa City Telecommunications Commission - November 24, 2003; Planning and Zoning Commission - December 4, 2003 Recommendation to Council: Recommended approval REZ04-00027 (Item 5c under Planning and Zoning items.) Recommended approval SUB04-00027, an eight-lot commercial subdivision for a 25.07 acre property located west of Mormon Trek Boulevard and south of Highway 1. Civil Service Commission - December 17, 2003 Recommendation to Council: Accept the promotional lists for the positions of Fire Lieutenant, Fire Captain, and Fire Battalion Chief. Motions: Approve disbursements in the amount of $9,249,508.09 for the period of September 1 through September 30, 2003, as recommended by the Finance Director subject to audit. Resolutions: RES. 04-01, ADOPTING THE STATEWIDE MUTUAL AID COMPACT. RES. 04-2, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A UTILITY AND DRAINAGE EASEMENT LOCATED ON LOT 9, B.D.I. FIFTH ADDITION, IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A NEW UTILITY AND DRAINAGE EASEMENT AGREEMENT FOR LOT 8, B.D.I. FIFTH ADDITION, IOWA CITY, IOWA. RES. 04-3, TO ISSUE A DANCE PERMIT for Los Portales Mexican Restaurant, Inc. dba Los Portales, 1402 S. Gilbert St. Correspondence: Carol Spaziani and Pat Cancilla, Co-Chairs LWVJC Regional Government Committee regarding Requesting Work Session Agenda Time; John McKinstry regarding Shelter House; United States Environmental Protection Agency regarding Former Manufactured Gas Plant Site; JCCOG Traffic Engineering Planner, Complete Description January 6, 2004 Page 2 Installation of a NO PARKING CORNER TO HERE SIGN on the west side of Ferson Avenue; Relocating bus stop signs from Magowan Ave. to Ferson Ave. at the intersection of Hutchinson Ave./River St. to Magowan Ave./River St; James Seamans regarding Large Political Signs [Staff response included]; Donald Baxter regarding Pedestrian Crossing at Iowa Ave and English Philosophy Building [Staff response included]; Stephen M. Rebro regarding Homeless Shelter [Staff response included]; Carol Spaziani regarding League of Women Voters Presentation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Chris Arpey, 3719 Foxana Dr., representing the Iowa Soccer Club requested a temporary zoning variance for a vacant warehouse located at 2804 Industrial Park Road. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Mr. Arpey. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matt Hayek, 714 Brown Street, representing Englert Civic Theatre, requested Council consideration of a code modification for three doors that exit the alley. The City Attorney and City Manager reported that a request had been denied by the Public Works Director for a temporary use of public right of way, and noted a letter had been received for a meeting with the City Council. Staff will provide the letter and background information for Council. A public hearing was held on an ordinance rezoning approximately 119.94 acres from Interim Development Single-Family, IDRS and Interim Development Multi-Family, IDRM, to Planned Development Housing Overlay - Single Family Residential, OPDH-5, subject to conditions, for property located South of Pepperwood Addition and East of Gilbert Street (Sandhill Estates). The following individuals appeared: Atty. Joe Holland, representing the applicant Southgate Development; Karen Dawes, 1055 Briar Drive; Jim Quigley, 915 Pepper Drive; Steve Nelson, 1033 Sandusky Drive; Louann Lathrop, 77 - 310th, West Branch; Dave Moore, 425 Davenport Street; Robyn Shrader, 1104 Weeber Street; Glenn Siders, Southgate Development; Dave Klockau, 1031 Briar Drive; and Holly Berkowitz, 612 Granada Ct. PCD Director Franklin present for discussion. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from C. Joseph Holland, Joel Fagan, Mike Hensch, Rick and Karen Allen, Dave Moore, and Louann Lathrop. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Elliott, seconded by Champion, to continue the public hearing to January 20. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef seconded by O'Donnell, to defer to January 20, ordinance rezoning approximately 119.94 acres from Interim Development Single-Family, IDRS and Interim Development Multi-Family, IDRM, to Planned Development Housing Overlay - Single Family Residential, OPDH-5, 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. A public hearing was held on an ordinance rezoning approximately 16.1 acres from Residential Factory Built Housing Residential (RFBH) to Planned Development Housing Overlay-12 (OPDH-12) and an OPDH Plan for property on Heinz Road (Saddlebrook). The following individuals appeared: Steve Gordon, AM Management, representing the applicant; Richard Gordon, 246 Lenz Ct.; and Irene Klinzman, 275 Paddock Circle. PCD Director Franklin present for discussion. Moved by Wilburn, seconded by Vanderhoef, that the ordinance rezoning 16.1 acres from Residential Factory Built Housing Residential (RFBH) to Planned Development Housing Overlay 12 (OPDH-12) and an OPDH Plan for property on Heinz Road (Saddlebrook), be given first vote. Steve Gordon, AM Management, representing the applicant and Saddlebrook resident Sheryl Gordon appeared. Individual Council Members expressed their views. The Complete Description January 6, 2004 Page 3 Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Elliott, Lehman, Vanderhoef, Wilburn, Bailey. Nays: O'Donnell. Absent: None. A public hearing was held on an ordinance rezoning approximately 26.98 acres from Highway Commercial, CH-l, to Sensitive Areas Overlay (SAO/CH-1) for property located (Carousel) West of Mormon Trek Boulevard and South of Highway 1. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance rezoning approximately 26.98 acres from Highway Commercial, CH1, to Sensitive Areas Overlay SAO/CH1 for property located) West of Mormon Trek Boulevard and South of Highway 1 (Carousel), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that the 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, be given second vote. Original motion withdrawn. Moved by O'Donnell, seconded by Champion that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 03-4106, CHANGING THE ZONING DESIGNATION OF 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 (Clark), be voted on for final passage at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance be adopted at this time. The Mayor declared the ordinance adopted unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, that ORD. 04-4107, VACATING A PORTION OF AN ALLEY RIGHT-OF-WAY LOCATED SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA STREET (Lensing), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-4, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF KENNEDY SUBDIVISION, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Pro tern Wilburn left the meeting due to a conflict of interest. A public hearing was held on a resolution approving an amendment to the FY04 Annual Action Plan, that is a 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 2n" Avenue, Iowa City, Iowa. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt resolution approving an amendment to the FY04 Annual Action Plan, that is a 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. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 3/3, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Bailey. Nays: Champion, Elliott, Vanderhoef. Abstaining: Wilburn. Mayor Pro tem Wilburn returned to the meeting. A public hearing was held on a resolution authorizing conveyance of a three hundred twenty three foot long portion of the twenty foot wide alley located between Kirkwood Avenue and Diana Street in Block 6, Lucas Addition, to adjacent property owners. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-5, AUTHORIZING CONVEYANCE OF A THREE HUNDRED TWENTY THREE FOOT LONG PORTION OF THE Complete Description January 6, 2004 Page 4 TWENTY FOOT WIDE ALLEY LOCATED BETWEEN KIRKWOOD AVENUE AND DIANA STREET IN BLOCK 6, LUCAS ADDITION, TO ADJACENT PROPERTY OWNERS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, that the ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Eines, 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 second vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman, Vanderhoef, Wilburn, Bailey, Champion. Nays: Elliott, O'Donnell. Absent: None. Moved by Champion, seconded by Elliott, that the ordinance amending Title 14, entitled "Unified Development Code", Chapter 4, entitled" Land Control and Development", Article C, entitled "Historic Preservation Regulations", to add certain provisions to Section 4, entitled "Rules of the Commission" and certain provisions to Section 7, entitled "Applications for Certificates of Appropriateness", in order to allow for the appointment of a Historic Review Subcommittee to review applications for Certificates of Appropriateness, be given first vote. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to refer to the Rules Committee and defer to January 20, a resolution amending the by-laws of the Historic Preservation Commission. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-6, APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA'S SCULPTOR'S SHOWCASE. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion, to adopt RES. 04-7, CONSENTING TO THE ASSIGNMENT OF THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT FROM TERRY L. STAMPER HOLDINGS, L.L.C. TO PENINSULA DEVELOPMENT L.L.C. AND APPROVING THE SECOND AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT. Jim Knapp appeared. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-8, RATIFYING SETTLEMENT OF A RATE CASE PENDING BEFORE THE FCC RELATING TO M[~DIACOM COMMUNICATIONg CORPORATION'@ PROPOgED RATE INCREASE AND ITS CALCULATIONS RELATING TO ESTABLISHMENT OF A MAXIMUM PERMITTED RATE FOR BASIC CABLE SERVICE. Asst. City Mgr. Helling outlined the settlement. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to approve a tentative agreement between the City of Iowa City and the American Federation of State, County and Municipal Employees (AFSCME) Local 183, AFL-CIO. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description January 6, 2004 Page 5 The Mayor noted the previously announced vacancy: 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. Moved by Wilburn, seconded by Vanderhoef, to make the following appointments: Daniel Clay, 3202 Friendship Street, to the Airport Commission to fill one unexpired term ending March 1,2008; Karen Leigh, 809 E. Bloomington, to the Board of Adjustment to fill an unexpired term ending January 1,2007; Tim Fehr, 1116 Hampton Court, to the Board of Appeals (Mechanical Professional) to fill five-year terms January 1,2004 - December 31, 2008; Dave Fleener, 72 Goldfinch Circle, to the Parks & Recreation Commission to fill a four- year term January 1,2004 - January 1,2008; Robert Brooks, 1620 Quincent Street, to the Planning & Zoning Commission to fill an unexpired term ending May 1,2005. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Garry Klein. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted no applications were received for the Airport Commission to fill an unexpired term ending March 1,2007; and Airport Zoning Board of Adjustment to fill an unexpired plus a five year term ending December $1,2008, both will be readvertised. No applications were received for the Historic Preservation Commission for a (Woodlawn District Representative) three-year term March 29, 2003- March 29, 2006. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred]. Council Member Elliott noted remarks made earlier in the evening that re[erred to the appearance of homes in a very pejorative nature, and stated he hoped that wouldn't happen again; and asked folks meeting his wife over the next week to offer condolences on their upcoming 46th wedding anniversary. Council Member Champion welcomed the two new Council Members. Council Member O'Donnell also welcomed the two new Members. Council Member Vanderhoef reported on her shadowing experience at West High School shortly before Christmas, and applauded Gary Neuzil and the Social Studies and Government Classes. Mayor Pro tem Wilburn reported he had been asked to teach a Junior Achievement course at Grant Wood Elementary and encouraged folks to become involved. Council Member Bailey stated she was looking forward to working with everyone, and thanked City staff for helping get her up to speed. Mayor Lehman thanked Council for selecting him to serve as Mayor for another two year term; reported on a call he received thanking the Police Department for their thoroughness in checking his home during his absence; and noted the tremendous win by the Iowa Football team at the Outback Bowl. Moved by O'Donnell, seconded by Vanderhoef, to adjourn regular meeting at 9:10 motion carried unanim ly, 7/0 all Court ' Me ers present. p.m. The Mayor declared the ~ ~~~_ £rnest W. Lehman, Mayor I~larian K. Karr, City Clerk City of Iowa City MEMORANDUM Date: December 12, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, December 2, 2003, 4:00 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Pfab. Council Elect: EIliott, Bailey. Staff: Atkins, Dilkes, Karr. Tapes: 03-84, Both Sides. (A complete transcription is available in the City Clerk's Office) Staff reviewed: · Open Meetings/Executive Sessions/E-mail · Special Functions/Travel Policy · Posting and minutes · Voting procedures · Ordinances/Resolutions/Motions · Consult policy with Planning & Zoning · Contact with staff ORGANIZATIONAL MEETING Staff outlined the organization meeting structure, noting that the agenda would include the election of Mayor & Mayor Pro tern and appointments to Committees. The City Atty. stated that past agenda included options for paper or voice vote for election of Mayor and Mayor Pro tem but State Code requires a record of each member's vote. Therefore, that option will not be included on the agenda. Council agreed to 1/5 at 6:30 PM for the organizational meeting. WORK SESSIONS Staff reviewed the purpose, procedure, and fairness issues involved. Council agreed: To continue work session at 6:30 PM, Monday prior to the formal meetings · Set Thursday, January 8, 8:00 AM - 5:00 PM, for a Council Priorities retreat, location out of the building (staff to follow up), with an in-house facilitator · Combine work session of the 19th with the formal on the 20th (due to the Martin Luther King holiday) Scheduled upcoming special work sessions for budget: Tuesday, January 13, 6:30 PM - 9:00 PM Thursday, January 15, 8:30 AM - Noon Thursday, January 22, 1:00 PM - 4:00 Tuesday, January 27, 6:30 PM - 9:00 (if needed) Council Orientation Meeting December 2, 2003 Page 2 FORMAL MEETING Council agreed to retain current 1st & 3rd Tuesday meeting schedule starting at 7:00 PM; noted the "Order of items" resolution lists "Community Comment" and not "Public Discussion" therefore staff will make the change on the agendas; agreed to retain "Council Time" on both work session and formal agendas; and retained procedure for calling of a special meeting by the Mayor or three Council Members. Majority agreed to consider an ordinance or resolution the same night as the public headng and decide on a case by case basis individual requests to collapse readings. Special meetings may be scheduled prior to work sessions as necessary. Agreed to retain present policy that three Council Members may add items to formal and work session agendas. COUNCIL PACKETS/AGENDA PREPARATION Staff reviewed agenda preparation and distribution deadlines, procedure for adding late items to the agenda, and the procedure for Board and Commissions applications. Elliott noted some Board and Commission minutes were prepared using sans serif type and asked that serif type be used whenever possible. Staff will follow up as there 'may be issues related to the City website and/or Laserfiche retrieval impacted by the request. COMPUTER TRAINING Laptop training for new Council Members is scheduled for the week of December 22. Other issues to be discussed at that time include: Microsoft Word, E-mail, Lasediche and the City Website (bio info) update. MISCELLANEOUS Payroll forms/Insurance - Human Relations will distribute soon Filing Cabinet - let City Clerk know if you need one Tours - coordinate with City Manager NLC, ILC, Chamber Membership - City is member Parking sticker/bus pass - Human Relations will distribute information City Vehicles/Travel Policy - Touch base with City Clerk on new procedure Meeting adjourned 5:32 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact~.the City ~ 3a(~.) 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 - 12/15/03 Iowa City City Council Special meeting 6:35 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Moved and seconded that 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 second vote. The Mayor declared the motion carried. Moved and seconded by to adjourn special meeting at 6:37 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 - 12/22/03. City of Iowa City 3ar {3 MEMORANDUM Date: December 15, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, December 15, 2003, 6:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, Pfab, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin Tapes: 03-88, 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. SETTING 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/REZ03-00020) B. SETTING 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/REZ03-00024) C. SETTING 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. (Carousel/Davis/REZ03-00027) D. 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 PartnerslREZ03-00022) Council Member Kanner noted the engineering recommendation (page 4) contained in the Terracon report, and questioned groundwater level fluctuation to design and construction plans. The City Manager stated the City Engr. would be at the formal meeting the next evening to address the matter. Council Work Session December 15, 2003 Page 2 E. ORDINANCE VACATING A PORTION OF AN ALLEY RIGHT-OF-WAY LOCATED SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA STREET. (VAC03-00001) (SECOND CONSIDERATION) F. RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART TWO A. (SUB03-00037) G. RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART THREE. (SUB03-00038) H. RESOLUTION APPROVING THE FINAL PLAT OF LINDEMANN SUBDIVISION PART FOUR. (SUB03-00039) COUNCIL TIME & AGENDA ITEMS 1. (Item # 10 - Resolution approving agreement ... Goosetown Neighborhood Art Project; and # 11 - Resolution approving agreement ... Longfellow Neighborhood Art Project) In response to Council Member Kanner, PCD Director Franklin and City Atty. Dilkes stated that the City license agreement allows two or three dimensional reproductions for educational or noncommercial purposes. 2. (Consent Calendar # 4g(9) - correspondence ... Spencer Long ...College Green Park lighting) In response to Mayor Pro tern Vanderhoef, Council agreed to refer the letter to the Parks and Recreation Commission for a response. 3. (Consent Calendar # 4g(15) - correspondence ... Mike Messier ... First Avenue Railroad Crossing) In response to Mayor Pro tem Vanderhoef, Council agreed to discuss the matter during the CIP (Capital Improvement Projects) budget discussion. 4. (Consent Calendar # 4e(1) - setting public hearing ... CITY STEPS .... ) Council Wilburn requested the item be removed for separate consideration as he had a conflict of interest. PCD Director explained the request was from Prairie Garden to include three units purchased on F Street into the package allocated CDBG and HOME funds. 5. (Agenda item # 7 - ordinance ... to create a stormwater utility and establish a stormwater utility fee) Council Member O'Donnell stated he was uncomfortable with the 50 percent reduction suggested by the Economic Development Committee, and suggested a fee based on square footage. 6. (Consent Calendar # 4a(2) - November 24 Special Work Session) Council Member Kanner noted that the minutes stated the Council would be discussing the homeless shelter overflow at this work session and requested a status report. The City Manager stated he would be meeting with the churches on Thursday, the 18th, and would report after that meeting. 7. Council Member O'Donnell reported that he, Mayor Lehman, and Councilors Wilburn and Champion attended the groundbreaking of the Moen Project (Plaza Towers). Council Work Session December 15, 2003 Page 3 8. (Consent Calendar - # 4b(5) Minutes, Police Citizens Review Board) Council Member Kanner stated he did could not follow the final report, noting two complainants had been combined in one report, and the report didn't quite meet their usual standards. 9. Council Member Pfab stated he had received a 32 page communication from David Wergeland for Lewis Investments Inc. regarding the Bayard Street Property be distributed and accepted into the public file. The City Atty. stated the City had been litigating the matter for some time. 10. (Agenda item # 14 - Resolution ... approving agreement ... Howard R. Green ... North Dodge Street Project) In response to Council Member Kanner, the City Manager stated the project involved extending the design work from Interstate 80 to North Dodge, in conjunction with reconstruction of Highway 1. Staff will be available at the formal meeting. 11. Mayor Pro tern Vanderhoef noted the registration information distributed for the upcoming League of Cities/Congress of Cities in March, and encouraged new Council people to review and consider registering to attend. 12. Mayor Pro tern Vanderhoef reported she just returned form the National League of Cities meeting in Nashville, which included a radio interview with KXIC, and she would provide more information in an upcoming packet. 13. In response to Council Member Kanner, Asst. City Mgr. Helling clarified Telecommunication Commission discussions on two matters dealing with Mediacom. Calculation of the maximum permitted rate is done every year, and the other is cable franchise renewal formal and informal processes. Council Member Kanner noted discussions on the national level about no taxes for cable TV; Council Member Pfab noted phone service '~hrough cable. 14. Council Member O'Donnell shared frustration in contacting Mediacom with repair needs, requesting more accessibility as a potential issue for negotiations. 15. In response to Council Member Champion, the City Manager stated that Tower Place parking facility was 100 percent between 10:00 and 2:00. 16. City Clerk Karr reminded Council that laptops would be reprogrammed for the 2004 year later in the week, suggesting Council could leave them after the formal meeting. Laptops, and the January 5 and 6 agenda materials (including the budget) may be picked up after 3:00 on Tuesday, December 23 or December 24. DISCUSSION OF COUNCIL PRIORITIES RETREAT The City Manager stated the retreat location would be the water plant community room, and noted he was having difficulties locating a facilitator. He would follow up as soon as he had something to report. Meeting adjourned 7:50 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City~ 3~1(4) 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 - 12/16/03 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. 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 and seconded 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 Piano Lounge, 217 Iowa Ave. Comment: Memo from Johnson County Attorney included in packet. Class C Liquor License for Aoeshe Restaurant, 624 S. Gilbert St. Class C Liquor License for Ground Round Restaurant, 830 S, Riverside Dr. Renewals: Class C Liquor License for New Yen Ching Restaurant, 1803 Boyrum.Class B Liquor License for Quality Inn & Suites, Highlander Conference Center, 2525 N. Dodge St. Class C Liquor License for Gabe's, 330 E. Washington St. Outdoor Service Area for Gabe's, 330 E. Washington St. Class C Liquor License for Sanctuary Restaurant, 405 S. Gilbert St. Class C liquor License for Studio 13, 13 S. Linn St. Special Class C Liquor License for Thai Flavors, 340 E. Burlington St. Special Class C Liquor License for Pagliai's Pizza, 302 E. Bloomington St. Special Class C Liquor License for India Caf6, 227 E. Washington St. Class C Beer Permit for Petro-N-Provisions, 2 Escort Ln. Class C Liquor License for Gringo's, 115 E. College St. Class C Liquor License for Carlos O'Kelly's Mexican Caf6, 1411 S. Waterfront. RES. 03-366, TO ISSUE DANCE PERMIT for Gabe's, 330 E. Washington St. and 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 Official Actions December 16, 2003 Page 2 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 MeN-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. The Mayor declared the motion carried. Council Member Wilburn left the room due to a conflict of interest. Moved and seconded 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. Council Member Wilbum 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 and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Irene Klinzman. The Mayor declared the motion carried. Official Actions December 16, 2003 Page 3 Moved and seconded 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. The Mayor declared the motion carried. 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). Moved and seconded 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, be given first vote. 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 second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-371, APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART TWO A, IOWA CITY, IOWA. Moved and seconded to adopt RES. 03-372, APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART THREE, IOWA CITY, IOWA. Moved and seconded to adopt RES. 03-373, APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART FOUR, IOWA CITY, IOWA. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Rebecca Neades and Patrick Guard representing the Iowa City Area Chamber of Commerce. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Official Actions December 16, 2003 Page 4 Moved and seconded 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. Council Member Wilburn left the room due to a conflict of interest. Moved and seconded 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 "HIGH". Council Member Wilburn returned to the meeting. Council Member Wilburn left the room due to a conflict of interest. Moved and seconded 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. Council Member Wilburn returned to the meeting. Moved and seconded 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. 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. Moved and seconded to adjourn special meeting at 8:26 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City ~l, erk, Subm~ted for publication - 12/22/03. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 15, 2003 Iowa City City Council Special meeting 6:35 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. Council minutes tape recorded on Tape 03-87, Side 1. Moved by O'Donnell, seconded by Vanderhoef, 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 second vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab, Kanner. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to adjourn special meeting at 6:37 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 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 Gabe'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/TQW-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 Wilbum, 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 LINDEMANN 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 Wilburn 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 31,2006; 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 I~eople to spend the holidays with families. Moved by O'Donnell, seconded by Wilburn, to adjourn special meeting at 8:26 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk