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HomeMy WebLinkAbout2004-01-20 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 20, 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, Wi~burn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, O'Malley. Council minutes tape recorded on Tape 04-12, Both Sides. The Mayor announced the State of the City message would be on the February 3 agenda. The Mayor proclaimed: Neighborhood Centers for Johnson County's 1st Community Holiday Celebration of Dr. Martin Luther King, Jr. - January 17, 2004, Robert Walker, Broadway Neighborhood Center Representative, accepting; Council Member Bailey read Women's Right to Choose Day - January 22, 2004, Harriet Woodford accepting. The Mayor presented Outstanding Student Citizenship Awards to Robert Lucas Elementary students: Devra Flatte' and Spencer Lundquist. 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: January 5 Special Council Formal Official and Complete; January 5 Work Session; January 6 Regular Council Formal Official and Complete; January 8 Special Work Session. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Public Art Advisory Committee: November 6, 2003 Recommendation: The Public Art Committee asks the City Council to approve a sculpture by local artist John Coyne for the Iowa Sculpture's Showcase display through May of 2005, with the condition that the Artist contact the owners of the F.S. Feeds building for approval in using the building likeness in the sculpture and that the windows in the sculpture are not hollow in nature. (Approved at 1/6 Council Meeting). Iowa City Airport Commission: December 9, 2003; Historic Preservation Commission; December 11 2003; Rules Committee: January 12, 2004 Recommendation: The Rules Committee recommends approval of the changes as recommended in the Historic Preservation Commission minutes of April 24, 2003, and outlined in proposed changes attached to the minutes. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Iowa City Yacht Club, LLC, dba Iowa City Yacht Club 13 S. Linn St. Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave. Class B Liquor License for MIP Lessee, LP, dba Sheraton ~owa City, 210 S. Dubuque St. Outdoor Service Area for MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St. Class C Beer Permit for Nordstrom Oil Company dba North Dodge HandiMart, 2545 N. Dodge St. Class E Liquor License for Supervalu, Inc., dba Cub Foods, 855 Hwy 1 West. RES. 04-9, ISSUE DANCE PERMIT for MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St. Motions: approve disbursements in the amount of $9,161,142.00 for the period Complete Description Page 2 Januaw 20,2004 of October 1 through October 31,2003, as recommended by the Finance Director subject to audit. Disbursements are published and permanently retained in the City Clerk's Office in accordance with State Code; approve disbursements in the amount of $8,200,292.02 for the period of November 1 through November 30, 2003, as recommended by the Finance Director subject to audit. Disbursements are published and permanently retained in the City Clerk's Office in accordance with State Code. Setting Public Hearings: RES. 04-10, SETTING A PUBLIC HEARING TO BE HELD ON MARCH 16, 2004 FOR THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. Resolutions: RES. 04-11, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1410 SOUTH FIRST AVENUE, IOWA CITY, IOWA. RES. 04-12, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1345 CARROLL STREET, IOWA CITY, IOWA. RES. 04-13, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTIES LOCATED AT 1153-1155 HOTZ AVENUE, 2160-2162 TAYLOR DRIVE AND 913-913 ½ NORTH GOVERNOR STREET, IOWA CITY, IOWA. RES. 04-14, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 416 SOUTH DODGE STREET, IOWA CITY, IOWA. RES. 04-15, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE IOWA SKATE PARK PROJECT. Correspondence: Indoor Soccer Facility - Ann Aschoff, Steve Clegg, Jacqueline Everett, Neal Kohatsu, Matt McGowan, Mark Meyer, Margaret Raymond, Barbara Reck, Julie Ricci, Tracey Schmidt, Dee Sedlacek, Nancy Weber, Jami Yoder, Gene & Betsy Chrischilles, Sandra Daack-Hirsch; Jim Spratt regarding Parking ramp spaces; Patt Stephenson regarding Street Signs [Staff response included]; Kevin Zihlman regarding Snow Removal on Adjacent City Property; Chuck Jennissen and Laurie Stange regarding Foster Road Extention from Dubuque Street to Prairie Du Chien Road; John F. Shaw and Matthew J Hayek regarding Englert Civic Theatre [Previously distributed]; Mark Patton regarding Can we build housing for hourly workers? [Previously distributed]; Tom Nothnagle PATV regarding Resignation of Director Rene' Paine [Previously distributed]; Jay & MaW Honeck regarding The Alexis Park Inn/Suites: The Airport Budget [Previously distributed]; Forrest Holly regarding Iowa City Airport Improvements [Previously distributed]; J.E. Butler regarding Iowa City Municipal Airport [Previously distributed]; Steve Grismore regarding Iowa City Jazz Fest [Previously distributed]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Wilburn, to set a public hearing for February 3 on an ordinance rezoning approximately 1.26-acres of property from Central Business Support Zone (CB-5) to Public/Central Business Support Zone (P/CB-5) for the east half of Block 102 except the 301 South Dubuque Street property (Court Street Transportation Center). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description Page 3 Januaw 20,2004 Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for February 3 on an ordinance vacating a 184-square foot portion of the right-of-way located to the north of 425 Beldon Avenue. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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) Individual Council Members expressed their views. The following individuals appeared: Rita Marcus, Iowa City Area Association of Realtors; Atty. Joe Holland, representing applicant, Southgate; Jim Quigley, 915 Pepper Drive; Dave Moore, 425 Davenport Street; Steve Rohrbach, Rohrbach - Carlson; Amy Bouska, 1409 Briar Drive; Del Holland, 1039 E. College Street. After discussion a majority of Council directed staff to prepare a new conditional zoning agreement striking paragraph 3b, referring to garages, and replacing it with the requirement that on lots of less than 60 feet the set back be a minimum of 25 feet (rather than 20 feet). Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Garry Klein, Heather MacDonald (2), Neighborhood Council of Iowa City, Steven Nelson, Robert Phipps, Lou Ann Lathrop, and Steve Rohrbach. Moved by Champion, seconded by Vanderhoef, to continue the public hearing to January 27th. After discussion original motion withdrawn. Moved by O'Donnell, seconded by Champion, to continue the public hearing to February 3. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer to February 3 the 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. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, 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 located on Heinz Road (Saddlebrook), be given second vote. PCD Director Franklin present for discussion. Individual Council Members expressed their views. 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 accept correspondence from Tracey Schmidt, Bob and Debbie Westcott, Irene Klinzman, Thomas Stillwagon. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that the ordinance rezoning approximately 26.98 acres from Highway Commercial, CH-l, to Sensitive Areas Overlay (SAC/CH-I) for property located west of Mormon Trek Boulevard and south of Highway 1 (Carousel), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Elliott, to defer to February 3 an 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 Complete Description Page 4 January 20, 2004 a Stormwater Utility Fee. Pat Guard, Iowa City Area Chamber of Commerce, appeared. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Joe Raso. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to defer to February 3 an ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," to create a uniform permitting process, to establish requirements for the Farmers Market, to provide for the noncommercial placement of objects in City Plaza on a temporary basis, to modify the provision on residential picketing, to clarify the current provisions regulating mobile vendors and ambulatory vendors, to codify specific administrative rules affecting said vendors, and to make additional nonsubstantive changes. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, 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 second vote. 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 adopt RES. 04-16, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 04-17, DIRECTING THE ADVERTISEMENT FOR SALE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, AND APPROVING ELECTRONIC BIDDING PROCEDURES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilbum, to adopt RES. 04-18, INTENT TO CONVEY A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE TO PAUL AND JOAN BURNS, OWNERS OF 425 BELDON AVENUE, IN EXCHANGE FOR BURNS CONVEYANCE OF A 44 SQUARE FOOT PARCEL OF PRIVATE PROPERTY LOCATED AT THE INTERSECTION OF GROVE STREET AND BELDON AVENUE, AND SETTING A PUBLIC HEARING FOR MARCH 2, 2004. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 04-19, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. 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 defer to February 3 and refer back to the Rules Committee a resolution amending the by-laws of the Historic Preservation Commission. The City Clerk stated the Rules Committee would be meeting at 12:45 on January 22 to consider the revised bylaws. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description Page 5 Januaw 20,2004 Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-20, NAMING THE WATERWORKS PARKLAND "WATERWORKS PRAIRIE PARK." Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Elliott, seconded by Champion, to reaffirm the following appointments: Mike O'Donnell and Dee Vanderhoef to the SEATS Paratransit Advisory Committee for terms expiring 6/30/05 and 6/30/04 respectfully; Ross Wilburn to the East Central Iowa Council of Governments (ECICOG) for a term expiring 12/31/04; Dee Vanderhoef to the Chief Elected Official - Work Force Development; Ernie Lehman and Ross Wilburn to the North Airport Development Subcommittee. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Pro rem Wilburn left the room due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, that due to budget constraints no representatives will be appointed this year to the Human Service/Aid to Agencies since no changes in current allocations will occur. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Mayor Pro tem Wilburn returned to the meeting. The Mayor noted the previously announced vacancies: Airport Zoning Commission to fill a six-year term January 1, 2004 - December 31, 2009. Applications must be received by 5:00 p.m., Wednesday, January 21, 2004; Airport Commission to fill an unexpired term ending March 31,2007; Airport Zoning Board of Adjustment to fill an unexpired plus a five- year term ending December 31,2008; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006. Applications must be received by 5:00 p.m..Wednesday, January 28, 2004. [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.] The Mayor announced the current vacancies of Boards and Commissions: Airport Commission to fill a six-year term March 1, 2004 - March 1, 2010; Civil Service Commission to fill a four-year term April 5, 2004 April 7, 2008; Historic Preservation Commission to fill three vacancies, (1) At-Large, (1) Brown Street District Rep, (1) Summit Street District Rep, for three-year terms March 29, 2004 - March 29, 2007; Telecommunications Commission to fill a three-year term - March 13, 2007. Applications must be received by 5:00 p.m. Wednesday, February 25, 2004. Council Member Elliott noted correspondence received regarding an indoor soccer facility and requested a work session be scheduled on the matter, majority agreed; and stated his enjoyment of participating in the Iowa caucus. Council Member Vanderhoef noted she would be attending the upcoming Legislative Lobbying Day sponsored by the Iowa League of Cities on February 18, and encouraged other Council Members to attend. Mayor Pro tern Wilbum questioned the status of the League of Women Voters request for a regional government presentation. Mayor Lehman stated his desire to have presented the item at the joint county meeting and he had communicated that to the League, they choose not to, and will contact us at a later time; and thanked Mayor Lehman for participating in the Martin Luther King Day celebration. Council Member Bailey reminded citizens of the Emma Goldman Choice Dinner on Thursday evening. Mayor Lehman reminded everyone of the joint meeting at the Johnson County Administration Building on January 21; and the annual Chamber of Commerce Banquet scheduled January 29. Complete Description Page 6 January 20, 2004 Moved by Wilburn, seconded by Vanderhoef, to adjourn regular meeting at 8:40 p.m. The Mayor declared the motion carried unanimously..~7/0, all Council Membe~ present. ~'rr~est W. Lehman,'Mayor Mari~lf~ K. K~rr, City Clerk  ~1-20-04 Subject to change as finalized by the City Clerk. For a final official copy, contact the City 5a(1) 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- 1/5/04 Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded to appoint City Clerk Karr as Temporary Chairperson. The Mayor declared the motion carried. Temporary Chair Karr presiding. The Temporary Chair announced that nominations were in order for the office of the Mayor of the City of Iowa City. Moved and seconded to nominate Ernie Lehman. Moved and seconded to close nominations. The Temporary Chair declared the motion carried. The Temporary Chair stated this was the time for a vote on the nomination of Ernie Lehman for Mayor. After a voice vote, the Temporary Chair declared the motion carried. The Temporary Chair announced that nominations were in order for the office of Mayor Pro tem of the City of Iowa City. Moved and seconded to nominate Ross Wilburn. Moved and seconded to close nominations. The Temporary Chair declared the motion carried. The Temporary Chair stated this was the time for a vote on the nomination of Ross Wilburn for Mayor Pro rem. After a voice vote, the Temporary Chair declared the motion carried. The City Clerk gave the Oath of Office to Mayor Lehman and Mayor Pro rem Wilburn. Mayor Lehman presiding. Moved and seconded to make the following Council appointments: Rules Committee - Champion, O'Donnell; Emergency Management - O'Donnell; Johnson County Council of Governments (6 + 1 alternate) - Mayor Lehman alternate; Iowa City/Coralville Visitors & Convention Bureau - Bailey; Student Senate Subcommittee - Elliott, Vanderhoef; Economic Development Committee - Lehman, Elliott, Bailey; Hawkeye Area Community Area Program (HACAP) - no Council appointment. The Mayor declared the motion carried. Moved and seconded to adjourn 6:55 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,Cleric,__ Submitt~-d for publication - 1/12/04. City of Iowa City MEMORANDUM Date: January 5, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 5, 2004, 6:55 PM in Emma J. Harvat Hall Council: Bailey, Champion, EIliott, Lehman, O'Donnell, Vanderhoef, Wilbum Staff: Atkins, Helling, Howard, Franklin, Dilkes, Karr, Rocca Tapes: 04-02, Both Sides (A complete transcription is available in the City Clerk's Office) AGENDA ITEMS 1. (Consent calendar #3d(1) - Resolution adopting the statewide Mutual Aid Compact) Fire Chief Rocca presented background information. [Agenda item discussion continued later in the meeting] ADDITIONS TO AGENDA Council agreed to add: · resolution to issue a dancing permit for Los Portales · motion approving tentative agreement with AFSCME PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following matters: A. 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). (REZ03-O0020) Associate Planner Howard presented a power point presentation. Franklin indicated the public hearing would have to be continued as no signed conditional zoning agreement had been received, and/or to allow a consult with Planning & Zoning on the conditions. [See additional discussion under agenda items.] B. 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). (REZ03-00024) Council Work Session Januaw 5,2004 Page 2 C. REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH-l, TO SENSITIVE AREAS OVERLAY (SAOICH-1) FOR PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF HIGHWAY 1 (Carousel). (REZ03-00027) Franklin stated the third reading would be scheduled after approval of the wetlands plan by the Corps of Engineers. D. ORDINANCE REZONING APPROXIMATELY 113 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). (REZ03-00022) (SECOND CONSIDERATION) E. ORDINANCE VACATING A PORTION OF AN ALLEY RIGHT-OF-WAY LOCATED SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA STREET (Lensing). (VAC03-00001) (PASS AND ADOPT) Franklin stated the actual conveyance of the property was item # 7 on the agenda. F. RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF KENNEDY SUBDIVISION. (SUB02-00026) PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT (Item # 12) PCD Director Franklin presented information. AGENDA ITEMS (continued) 2. (Item # 6 - Public hearing and resolution ... amendment ... Consolidated Plan ... Prairie Garden ...) Mayor Pro tem Wilburn left the table due to a conflict of interest. PCD Director Franklin responded to questions concerning scattered housing sites and one, two, and three bedroom units. Mayor Pro tem Wilburn returned to the table. 3. (Item # 8 - Ordinance amending Title 3 ... stormwater utility and ... stormwater utility fee) The City Manager stated the Chamber of Commerce of requested postponement of the readings. Mayor Lehman stated it was his understanding they could proceed with second reading, and hold off on the final. Staff will meet with commercial and industry representatives and report back. 4. (Item # 13b - Motion approving AFSCME settlement) City Manager Atkins noted the addition of the item and information mailed previously. 5. (Item # 13a - Resolution ratifying settlement ... Medicom proposed rate increase ...) City Clerk Karr noted the resolution and agreement distributed that evening. Asst. City Mgr. Helling responded to questions. 6. (Consent Calendar # 3e(1) - Letter from Carol Spaziani ... League of Women Voters ... regional government ...) Mayor Lehman suggested the item be added to the agenda for the joint meeting on January 21, Council concurred. Staff will follow up. Council Work Session January 5,2004 Page 3 7. (Planning & Zoning Matters - # 5a - Public hearing ... Ordinance rezoning ... Sandhill Estates) In response to PCD Director Franklin a majority indicated a desire to tour various neighborhoods, homes and garages as noted in earlier discussion. Staff will proceed to set up the tour. COUNCIL APPOINTMENTS Airport Commission - Daniel Clay; re-advertise one Airport Zoning Board of Adjustment - No applicants; re-advertise Board of Adjustment- Karen Leigh Board of Appeals - Tim Fehr Historic Preservation Commission - No applicants; re-advertise Parks & Recreation Commission - Dave Fleener Planning & Zoning Commission - Robert Brooks COUNCIL TIME 1. Council Member O'Donnell welcomed new Councilors Bailey and Elliott. 2. City Manager Atkins reminded Council of the retreat set for Thursday, January 8 at 8:00 AM. Majority agreed to change the start time to 8:45. 3. City Manager Atkins announced the hiring of Kathi Johansen as Administrative Assistant. 4. In response to Council Member Champion, the City Manager stated he would be doing a general budget overview on January 13, including changes to the budget directed by Council six months ago; and capital projects are scheduled for January 15. Meeting adjourned 8:35 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. ~ The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 1/6/04 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. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Asumi Shibata, Andrew Wilkes, Margaret Yapp. Moved and seconded 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 STATEWlDE 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, 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, 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 Official Actions January 6, 2004 Page 2 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. 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 and seconded to accept correspondence from Mr. Arpey. The Mayor declared the motion carried. Matt Hayek, 714 Brown Street, representing Englert Civic Theatre, requested Council consideration of a code modification for three doors that exit the alley. 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. 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. Moved and seconded 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. Moved and seconded to continue the public hearing to January 20. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. 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. The following individuals appeared: Steve Gordon, AM Management, representing the applicant; Richard Gordon, 246 Lenz Ct.; and Irene Klinzman, 275 Paddock Circle. Moved and seconded 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, be given first vote. Steve Gordon, AM Management, representing the applicant and Saddlebrook resident Sheryl Gordon appeared. The Mayor declared the motion carried. 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 West of Mormon Trek Boulevard and South of Highway 1. Moved and seconded 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, be given first vote. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 03- 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, be voted on for final passage Official Actions January 6, 2004 Page 3 at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded that ORD. 04-4107, VACATING A PORTION OF AN ALLEY RIGHT-OF-WAY LOCATED SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA STREET, be passed and adopted. Moved and seconded to adopt RES. 04-4, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF KENNEDY SUBDIVISION, JOHNSON COUNTY, IOWA. Mayor Pro tem 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 2nd Avenue, Iowa City, Iowa. Moved and seconded 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. The Mayor declared the resolution defeated. Mayor Pro tern 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. Moved and seconded to adopt RES. 04-5, 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. 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, be given second vote. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Official Actions January 6, 2004 Page 4 Moved and seconded to adopt RES. 04-8, RATIFYING SETTLEMENT OF A RATE CASE PENDING BEFORE THE FCC RELATING TO MEDIACOM COMMUNICATIONS CORPORATION'S PROPOSED RATE INCREASE AND ITS CALCULATIONS RELATING TO ESTABLISHMENT OF A MAXIMUM PERMITTED RATE FOR BASIC CABLE SERVICE. Moved and seconded 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. 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 and seconded 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 and seconded to accept correspondence from Garry Klein. The Mayor declared the motion carried. 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 31,2008, 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 net 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 regular meeting at 9:10 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 Clerb Submitted for publication - 1/14/03. 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 JANUARY 5, 2004 Iowa City City Council Special meeting 6:30 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, Rocca. Council minutes recorded on Tape 04-01, Side 1. Moved by Champion, seconded by O'Donnell, to appoint City Clerk Karr as Temporary Chairperson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Temporary Chair Karr presiding. The Temporary Chair announced that nominations were in order for the office of the Mayor of the City of Iowa City. Moved by Vanderhoef, seconded by Champion, to nominate Ernie Lehman. Moved by O'Donnell, seconded by Wilburn, to close nominations. The Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present. The Temporary Chair stated this was the time for a vote on the nomination of Ernie Lehman for Mayor. After a voice vote, the Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present. The Temporary Chair announced that nominations were in order for the office of Mayor Pro tem of the City of Iowa City. Moved by Champion, seconded by Bailey, to nominate Ross Wilburn. Moved by Lehman, seconded by Elliott, to close nominations. The Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present. The Temporary Chair stated this was the time for a vote on the nomination of Ross Wilburn for Mayor Pro tem. After a voice vote, the Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present. The City Clerk gave the Oath of Office to Mayor Lehman and Mayor Pro rem Wilburn. Mayor Lehman presiding. Moved by Champion, seconded by Vanderhoef, to make the following Council appointments: Rules Committee - Champion, O'Donnell; Emergency Management - O'Donnell; Johnson County Council of Governments (6 + 1 alternate) - Mayor Lehman alternate; Iowa City/Coralville Visitors & Convention Bureau - Bailey; Student Senate Subcommittee - Elliott, Vanderhoef; Economic Development Committee - Lehman, Elliott, Bailey; Hawkeye Area Community Area Program (HACAP) - no Council appointment. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Vanderhoef noted that other committee appointments such as SEATS Advisory; Aid to Agencies, CEO's, and ECICOG were not on the agenda. Mayor Lehman also noted the Airport Subcommittee should also be addressed. City Clerk Karr stated those were not traditionally made at the organizational meeting but would report back at the January 20 work session. Moved by O'Donnell, seconded by Wilburn, to adjourn 6:55 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 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, toaccept 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 o[ 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 Wilbum, 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 2nd 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 tern 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, 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 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 MEDIACOM COMMUNICATIONS CORPORATION'S PROPOSED 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 31,2008, 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 referred 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 rem 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 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk City of Iowa City MEMORANDUM Date: January 14, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session/Retreat, January 8, 2004, 8:50 AM, at the Water Plant Community Room Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Karr Facilitator: Jim Swaim Tapes: 04-05, Both Sides; 04-06, Both Sides; 04-07, Both Sides; 04-08, Side 1 (A complete transcription is available in the City Clerk's Office) Jim Swaim facilitated the day long session. The following flip charts were developed as part of the session: FLIP CHART # 1 AM Agenda I ntrod uctions Warm up "Who is that" Unconditional Positive Regard Guidelines Workshop Vision I Lunch FLIP CHART # 2 PM Agenda Nap Warm Up "What time is it" Wall of Wonder Vision II Issues Workshop Wrap Up Council Work Session January 8, 2004 Page 2 FLIP CHART # 3 Humanizes Know Each Laugh Remember to listen Not wanting some info shared/recorded Open meetings can inhibit Laugh at yourself FLIP CHART # 4 (Successful) Seen Heard Feelinqs Respect "We" Empathy Differences "How can?" Cooperation Positive results Compassion Something done Compromise Team Efficiency - not the end all Enjoy differing Contentious - inhibits - doesn't feel good listening is more than waiting for someone to be quiet listening doesn't require agreement reduce tension openness Your position on an issue Still respect the person \ / Don't take it personally Mindful Give each other time Council Work Session Januaw 8,2004 Page 3 FLIP CHART # 5 (Unsuccessful) ® last was most enjoyable Seen Feelinqs Heard Finger pointing Lack of respect Name calling Elephant in the room "Faith on God" Confusion - "What is going on here" Stupid Frustration Anger Polarize Resignation Sad Grief Terrible FLIP CHART # 6 "Idea Board" Take each other personaJly Thou shall not condisend I want to hear "why" Listen thoughtfully and be respectful Sensitive in openness Let person speak before reacting Thou shall not name call Listen FLIP CHART # 7 (initial) "Pair" similar or related [Group] "!" Sensitive in Openness Listen thoughtfully and be respectful Listen [Group] "=" Thou shall not name call Thou shall not condisend [Group] "triangle" I want to hear "why" Let person speak before reacting [Group] "square" Take each other personally Council Work Session Januaw 8,2004 Page 4 FLIP CHART # 7 (First regrouping) "Pair" similar or related [Group]"!" Sensitive in Openness Listen thoughtfully and be respectful Listen Respect assures success [Group] "=" Thou shall not name call Thou shall not condisend [Group] "triangle" I want to hear "why" Let person speak before reacting [Group] "square" Take each other personally Vote your conscience Don't hold a grudge Don't take public personally Respect Council decisions Team has no letter "1" [Group] "star" Eye Contact Allow silent affirmation Positive Negatism Timing Ignore Connie's Slip-less past [Group] "hexagon" Teach Council Work Session January 8, 2004 Page 5 FLIP CHART # 7 (Second regrouping) "Pair" similar or related [Group]"!"- RESPECT Sensitive in Openness Listen thoughtfully and be respectful Listen Respect assures success [Group] "= "- DISRESPECT Thou shall not name call Thou shall not condisend [Group] "triangle" - I want to hear "why" Let person speak before reacting [Group] "square" - ACCEPTANCE Take each other personally Vote your conscience Don't hold a grudge Don't take public personally Respect Council decisions Team has no letter "1" [Group] "star"- COMMUNICATION Eye Contact Allow silent affirmation Positive Negatism Timing Ignore Connie's Slip-less past [Group} "hexagon" - INFO X-CHANGE Teach Council Work Session Janua~ 8,2004 Page 6 FLIP CHART # 7 (Third regrouping) "Pair" similar or related [Group]" ! "- RESPECT Sensitive in Openness Acknowledge/Respect Others Listen thoughtfully and be respectful Listen First Listen Be honest Respect assures success [Group]" =" - DISRESPECT Thou shall not name call Thou shall not condisend [Group] "triangle" - I want to hear "why" Let person speak before reacting Respect Councir Decisions [Group] "square" - ACCEPTANCE Take each other personally Vote your conscience Don't hold a grudge Empathy Don't take public personally Achievement is collective Respect Council decisions Be positive Team has no Fetter "1" Don't take personally [Group] "star"- COMMUNICATION Eye Contact Allow silent affirmation Take the time Positive Negatism Be positive in message Timing Be clear with your request Ignore Connie's Slip-less past Eye contact with speaker [Group} "hexagon" - INFO X-CHANGE Teach Be informed Allow exploration Council Work Session Janua~ 8,2004 Page 7 FLIP CHART # 7 (Fourth regrouping) "Pair" similar or related [Group]" ! "- RESPECTFUL INTERACTION Sensitive in Openness Acknowledge/Respect Others Listen thoughtfully and be respectful Listen First Listen Be honest Respect assures success [Group]" = "- DISRESPECT Thou shall not name call Thou shall not condisend [Group] "triangle" - I want to hear "why" Let person speak before reacting Respect Council Decisions [Group] "square"-ACCEPTANCE - PLAY WELL WITH OTHERS Take each other personally Vote your conscience Don't hold a grudge Empathy Don't take public personally Achievement is collective Respect Council decisions Be positive Team has no letter "1" Don't take personally [Group] "star" - COMMUNICATION - USE EFFECTIVE COMMUNICATION Eye Contact Allow silent affirmation Take the time Positive Negatism Be positive in message Timing Be clear with your request Ignore Connie's Slip-less past Eye contact with speaker [Group} "hexagon" - INFO X-CHANGE - INFORMED DECISION MAKING Teach Be informed Allow exploration Council Work Session Januaw 8,2004 Page 8 FLIP CHART # 7 (Final) Informed Decision Making Teach Be informed Allow exploration I want to hear "why" Use of Effective Communication Eye contact when disagrees Take the time Positive Negatism Timing Allow silent affirmative Be positive in message Be clear in your request Eye contact with speaker Respectful Interaction Sensitive in openness Listen thoughtfully and be respectful Listen Thou shall not interrupt Respect assures success Acknowledge/Respect Others Listen first Be honest Thou shall not condisend Thou shall not name call Play Well With Others Team has no letter "1" Respect Council decisions Let person speak before Don't take public seriously Vote your conscience Take each other personally Don't hold a grudge Be positive Achievement is collective Don't take it personally Empathy (Lunch) Council Work Session Januaw 8,2004 Page 9 FLIP CHART # 8 0-1700 1700-1839 1840-1920 City Napoleon John Gilbert- 1920-1950 1st woman mayor west of Mississippi 1950-1960 Mike Dee Bob 1960-1970 Sycamore Mall Enzler's Student Riots Civil Rights Movement Connie's slip Ernie Connie Regenia Marian Dale Wal-Mart 1970-1980 Urban Renewal lC Charter Change in windows at Iowa Book Ped Mall Prairie Lights Neal Berlin Jim 1980-1990 Library New jail Old Capitol Center '86 - Steve Atkins Ross Council Work Session JanuaW 8,2004 Page10 1990-1995 Building Recreational Facilities on East Side Flood 1995-2000 Coral Ridge Mall Whiteway Building Penn Project Shootings Wind Storm 2000-2003 Rebirth of Sycamore Mall Scott Blvd. H20 Plant Sewer Plant Library Tower Project Starbucks New water plant [Map exercise - attachment on file with City Clerk] FLIP CHART # 9 Trends Econ Development Haven for Iow income Job Center Moderation - of views Corridor High income - generous TIF/Balance in giving ~how if affects School District People are attracted to prosperous Budget growth Revenue sources for the City (no gambling) (decisions) Collaboration --> w/County, other towns use of incentives School's strong CouncilWork Session Januaw 8,2004 Page 11 FLIP CHART# 10 State issues Need an agenda disconnected from City's Start small 28E Agreements Finance Critical Federal Incentives Transit / transportation - I Fiscal Efficiency Economic Development Waste Management Purchases - I Fire & Police - IIII -) regional training Housing - I Human Services Humble (not haughty) Small RR x'ing Neighborhood Arts Neighborhood Conservation Trail Connections Traffic Signals Turn Lanes City Park Pool Downtown Festivals Better 4th of July Holiday Decorations Public perception / public relations of services Litter CounciI Work Session Janua~ 8,2004 Page 12 Flip Chart # 11 Telephone E mail Conversations Write Leave notes Memos in packet Public hearings Work sessions Formal meetings Cell phones Call Steve Marian Staff have a boss Eleanor Staff in general Takes 4 to ask for information Make a list / set up a time to work the list Wednesday staff meetings 1. "What did the Council do?" 2. Respect for staff (they watch how you interact w/each other and w/Steve FLIP CHART #12 Diads / Triads Humanized Ice breaker / families tic-tac-toe Confirming comm. Methods Map exercise Wall of Wonder lunch (non-City related) Better than we thought Re assess what we do Be relaxed We are the Council Meeting adjourned 3:25 PM.