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HomeMy WebLinkAbout2004-02-03 Council minutes * Revised 2/19/04 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTIQN OF COUNCIL ACTIVITIES FEBRUARY 3, 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, McCafferty, O'Malley, Fosse. Council minutes tape recorded on Tape 04-17, Side 2; Tape 04- 20, Side 1. The Mayor delivered the State of the City Message. The Mayor proclaimed: February 6, American Heart Association "Wear Red For Women Day," Dr. Dianne Atkins, Professor, University of Iowa accepting; February 14, Department of Veterans Affairs Medical Center "Salute to Hospitalized Veterans Day"; Sertoma's Freedom Week, Larry McConahay accepting. A water plant presentation by of H.R. Green was deferred to February 17. The Mayor presented Outstanding Student Citizenship Awards to Herbert Hoover Elementary students: Zoe Grueskin, Chris Owen, Seth Saeugling. 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: January 13 Special Work Session [Previously distributed]; January 15 Special Work Session [Previously distributed]; January 20 Work Session; January 20 Regular Council Formal Official and Complete; January 22 Special Work Session Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Human Rights Commission: November 25, 2003; Police Citizens Review Board: December 9, 2003; Parks and Recreation Commission: December 10, 2003; Iowa City Telecommunications Commission: December 15, 2003; Economic Development Committee: December 17, 2004; Housing and Community Development Commission: December 18, 2003; Planning and Zoning Commission: December 18, 2003 Recommendation to Council: Approval of SUB 02-00026, a final plat of Kennedy Subdivision. (Approved on 1/20 Agenda) Approval of REZ03-00028 of application to rezone approximately 1.26 acres of property from Central Business Support zone to Public/Central Business Support zone. (See item later on Agenda) Approval of VAC03-00004, application to vacate the 184 square foot portion of the right-of-way located to the north of 425 Beldon Ave. (See item later on Agenda). Iowa City Telecommunications Commission: January 2, 2004 Recommendation to Council: The Commission unanimously passed a resolution recommending to the City Council that the negotiated rate settlement agreement with Mediacom be adopted. Rules Committee: January 22, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Mike's Place, Inc., dba Mike's Tap, 122 Wright St. 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 FEBRUARY 3, 2004 / Iowa City Council Special meeting 7:00 p.m. at City Hall. Mayor/Eehman presiding. Council Members esent: Bailey, Champion, Elliott, Lehman, O'Donnell,~anderhoef, Wilburn. Absent: No Staff Members present Atkins, Helling, Dilkes, Kerr, Franklin, McCafferty, osse. Council minutes tape recorded on Tape 04-17, Side 2; Tape 04- 20, Side 1. The Ma the State of the City Message. The Mayor I: February 6, American Heart Association "Wear Red For Women Day," Dr. Dianm Professor, University of Iowa accepting; February 14, Department ~ledical Center "Salute to Hospitalized Veterans Day"; Sertoma's Freedom Week, Larq ,,lcConahay accepting. A water plant presentation Green was deferred to February 17. The Mayor presented ing Student Citizenship to Herbert Hoover Elementary students: iris Owen, Seth Saeu~ Moved by Cham lion, O'Donnell, that thc items and recommendations in thc r be received ant approved, and/or adopted as amended: January 13 SI: in [Previou: distributed]; January 15 Special Work Session [Previously distributed]; 3nuary 2 Session; January 20 Regular Council Formal Official and Com Special Work Session Receive and File Minutes. ~sions (recommendations to Council become effective only upon se ): Human Rights Commission: November 25, 2003; Police ,~ns Review Board: December 9, 2003; Parks and Recreation Commission: Dece 0, 2003; Iowa City Telecommunications Commission: 2003; Economic Development Committee: December 17, 2004; Hou~ and ~munity Development Commission: December 18, 2003; Plannin~ ion: December 18, 2003 Recommendation to Council 3roval 02-00026, a final plat of Kennedy Subdivision. (Approved on Ap~ of REZ03-00028 of application to rezone apl y 1.26 acres ~f. property from Central Business Support zone Public/Central BusinesS, Support zone. (See item later on Agenda) Approval 3004, application'to vacate the 184 square foot portion of the located to the north of 425'Beldon Ave. (See item later on Agenda). Iowa City Telecommuni¢ Commission: January 2, 2004 Recommendatio Council: The Commission unanimoUSly passed a resolution recomm~ ~ ~uncil that the negotiated ratek~ettlement agreement with Mediacor adopted. Rules Committee: 22, 2004. Permi ns and Resolutions as Recommended by the City~;,. lerk. Renewals: Class C Liquor L ;nse for Mike's Place, Inc., dba Mike's Tap, 122 Wrlght St. Complete Description February 3, 2004 Page 2 Class C Liquor License for Mike & Marty Enterprises, Inc., dba Quinton's Bar & Deli, 215 E. Washington St. Class C Liquor License for Iowa City Westside Caf6, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Outdoor Service Area for Iowa City Westside Caf6, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E. Washington St. Outdoor Service Area for Motif, Ltd., dba Bo-James, 118 E. Washington St. Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Class C Liquor License for WWI, LLC, dba Malone's Irish Pub, 121 Iowa Ave. Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc.#34, 2765 Commerce Dr. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. RES. 04-21, TO ISSUE DANCE PERMIT to Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St.; WWI, LLC, dba Malone's Irish Pub, 121 Iowa Ave.; Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Setting Public Hearings: RES. 04-22, INTENT TO CONVEY THE WEST ONE- HALF OF A TWENTY FOOT WIDE BY EIGHTY FOOT LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN LOTS 4 AND 5, BLOCK 15, COUNTY SEAT ADDITION, ADJACENT TO 729 SOUTH CAPITOL STREET, TO EAGLE VIEW PROPERTIES, LLC, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 17, 2004. RES. 04-23, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR FEBRUARY 17, 2004. RES. 04-24, SETTING A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1,2004 THROUGH JUNE 30, 2005, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2008. Resolutions: RES. 04-25, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNERS HELEN AND WILLIAM BYINGTON, AND LITTLE DONKEYS INC., d/b/a PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFI~. RES. 04-26, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, MOKA JAVA L.L.C. AND IOWA CITY COFFEE CO. D/B/A JAVA HOUSE FOR A SIDEWALK CAFE. RES. 04-27, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THE MOEN GROUP, AND MONDO'S OF IOWA CITY, INC. d/b/a MONDO'S DOWNTOWN, FOR A SIDEWALK CAFe. RES. 04-28, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DEAN OAKES, AND KLDP INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE. RES. 04-29, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION Complete Description February 3, 2004 Page 3 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK, INC., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1335 FIRST AVENUE, IOWA CITY, IOWA. Correspondence: Mark Patton and Brad Langguth, Iowa Valley Habitat for Humanity regarding Lots in the Southeast Section of the City; Samuel R. Smith regarding Littering; Vicky DiBona regarding Trail and Wide Sidewalk System in the South Central District; Mike Emalfarb regarding Increase Security Requirements for Apartment Owners [Staff response included]; Eleanor Johnston regarding Parking in Downtown Ramps [Staff response included]; Indoor Soccer Facility: Para Weest- Carrasco, Paul Weller; Garrett Kubik regarding Clinton Street Handicapped Parking Space [Staff response included]; Betty C. Andrews, Iowa Events and Info regarding IMMAWll Gala Reception, Friday January 30 at Hoyt Sherman; Benjamin Doyle regarding Mediacom's Monopoly on Cable Service [Staff response included]; C. Joseph Holland, Holland & Anderson LLP regarding Time Limits on Speakers before Council; Jack Young regarding Airport Commission Appointment (appointment to be made at the March 2 meeting); Riverside Theatre: Jody Hovland and Ron Clark, David Rust, Julie Schweser, Stephen Bender; John Krstenansky regarding Transit Service. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jean Walker, 335 Lucon Drive, Melrose Avenue Neighborhood representative, appeared regarding the Melrose Avenue/Grand Avenue traffic study. Moved by Champion, seconded by Wilburn, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Crissy Canganelli and Dottle Persson, Executive Director and Board President of Shelter House respectfully, appeared formally requesting purchase of City owned property between Highland Court and Gilbert Court. The Mayor indicated the matter would be scheduled for an upcoming work session. Moved by O'Donnell, seconded by Wilbum, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mike Emalfarb, 510 S. Van Buren, appeared regarding a recent burglary at his apartment. Moved by Champion, seconded by Vanderhoef, to set a public hearing for February 17 on an ordinance amending the zoning code regarding requirements for religious institutions in the Commercial Office (CO-1) Zone. The Mayor declared the motion carried, 7/0, all Council Members present. Correspondence received from Duane Brenneman, Robert Nelson, Henry Wen. A public hearing was held 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 301 South Dubuque Street (Court Street Transportation Center). No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the 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 301 South Dubuque Street (Court Street Transportation Center), be given first vote. Affirmative roil call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description February 3, 2004 Page 4 A public hearing was held on an ordinance vacating a portion of the right-of-way located adjacent to 425 Beldon Avenue. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance vacating a portion of the right-of-way located adjacent to 425 Beldon Avenue, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. 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 and Glenn Siders representing the applicant, Southgate Companies; Dave and Lori Klockau, 1031 Briar Drive. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Lori and David Klockau and Steven Nelson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Majority of Council agreed to set a special meeting later in the week for further consideration of the item. Moved by Vanderhoef, seconded by O'Donnell, that 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 (Sandhill Estates) be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, with the following division of roll call vote. Ayes: Champion, Elliott, Lehman, O'Donnell. Nays: Wilburn, Bailey, Champion. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4108, 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 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 Bailey, to defer to February 17 an ordinance rezoning approximately 26.98 acres from Highway Commercial, CH-l, to Sensitive Areas Overlay (SAG/CH-1) for property located west of Mormon Trek Boulevard and south of Highway 1 and a resolution approving the preliminary plat of J JR Davis Addition, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of $7,305,000 General Obligation Bonds, Taxable Series 2004. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-30, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF $7,305,000 Gr:Nr:RAL OBLIGATION BONDS, TAXABLI~ $1:RII:S 2004. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Elliott, to adopt RES. 04-31, DIRECTING SALE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004. Finance Director Complete Description Februaw 3,2004 Page 5 O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, that the 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, be given first vote. Caroline Dieterle, Walnut Street, appeared. City Atty. Dilkes present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Elliott, seconded by O'Donnell, to accept correspondence from Bruce Nestor. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to defer to February 17 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, "Stormwater Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. The Mayor declared motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to accept correspondence from Patrick Guard, Chamber of Commerce President. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4109, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Champion, to adopt RES. 04-32, AMENDING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMISSION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 04-33, ADOPTING REVISED DESIGN GUIDELINES AND PROCEDURES FOR REVIEW OF PROJECTS THAT CHANGE THE EXTERIOR APPEARANCE OF PROPERTIES IN HISTORIC AND CONSERVATION DISTRICTS AND HISTORIC LANDMARKS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-34, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TOA LEASE OF THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE STREET, PURSUANT TO Complete Description Februa~ 3,2004 Page 6 WHICH GREYHOUND LINES, INC. WILL RENEW ITS LEASE FORATERM OF ONE YEAR. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-35, 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 AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT OVER RALSTON CREEK, BRF-1-5(54)-- 38-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-36, AUTHORIZING EXECUTION OF A ONE-YEAR AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF IOWA CITY IN WHICH JOHNSON COUNTY AGREES TO PROVIDE $75,000 TO SUPPORT THE OPERATIONAL COST OF THE SENIOR CENTER IN FISCAL YEAR 2004. 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 approve a tentative agreement between the Iowa City Association of Professional Firefighters, IAFF, AFL-CIO, Local #610 and the City of Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor announced the following Board and Commission openings received no applications and will be readvertised: Airport Zoning Commission to fill a six-year term January 1, 2004 - December 31, 2009; Airport Commission to fill an unexpired term ending March 1,2007. Airport Zoning Brd 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. The Mayor noted the previously-announced vacancies: 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, 2004 - March 13, 2007. Applications must be received by 5:00 p.m., Wednesday, February 25, 2004. The Mayor noted the current vacancies: Parks and Recreation Commission to fill an unexpired term ending January 1,2006. Correspondence included in Council Packet. Applications must be received by 5:00 p.m., Wednesday, March 10, 2004. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Kevin Boyd. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Bailey noted the recent death of Susan Schechter, and sent condolences to her family. Mayor Pro tern Wilburn stated Pat Gilroy had passed away, and stated she would be missed in the community. Council Member Vanderhoef requested an update of the City Code review be scheduled. Majority agreed to schedule for an upcoming work session. Complete Description February 3, 2004 Page 7 Council Member O'Donnell stated he had received a phone call regarding an accumulation of ice in the alley between the Senior Center and the parking facility, City Manager stated he had followed up on the request and encouraged individuals to let the City know of areas that may have been missed; noted a potential problem in the parking facility with pigeons; and thanked City street crews for their work. The Mayor asked the City Clerk to schedule a special meeting later in the week for consideration of the Sandhill Estates rezoning; and reported on a series of meeting with Council Member and University of Iowa President and Vice Presidents. Moved by Vanderhoef, seconded by O'Donnell, to adjourn 8:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Mer1'~bers present. _ ..~ '-I~rr~t W. Lehman, Mayor .... ----~ Mar'ta~ K. Karr, City Clerk Date: January 27, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 20, 2004, 6:15 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Kart, Franklin, Fosse, Trueblood, Dulek, Boelk, O'Malley Tapes: 04-09, Side 2 (A complete transcription is available in the City Clerk's Office) PCD Director Franklin introduced John Coyne, artist for the Goosetown artwork street signs, who showed an actual sign. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING 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. (REZ03-00028) B. SETTING 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. (VAC03-00004) C. 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- 00020) (FIRST CONSIDERATION) Franklin and City Atty. Dilkes clarified if Council wished to place conditions on the rezoning a signed CZA must be received prior to the close of the hearing. Council agreed they would provide direction to staff tomorrow evening at the hearing. D. ORDINANCE REZONING APPROXIMATELY 16.1 ACRES FROM RESIDENTIAL FACTORY BUILT HOUSING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT Council Work Session January 20,2003 Page 2 HOUSING OVERLAY-12 (OPDH-12) AND AN OPDH PLAN FOR PROPERTY ON HEINZ ROAD/Saddlebrook. (REZ03-00024) (SECOND CONSIDERATION) Franklin and City Atty. Dilkes clarified the Council should focus on land use issues such as density and traffic when considering a rezoning. E. 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 "l/Carousel. (REZ03-00027) (SECOND CONSIDERATION) AGENDA ITEMS 1. (Item # 15 - Resolution amending bylaws ... Historic Preservation Commission) PCD Director stated the incorrect bylaws were reviewed by the Rules Committee and requested the resolution be deferred and referred back to the Rules Committee. Council concurred. 2. (Item # 8 - Ordinances amending Title 3 ... establishing stormwater utility and ... stormwater utility fee) Public Works Director Fosse stated staff had met with Chamber of Commerce representatives and a preliminary proposal is scheduled for Chamber Board action on the 22"d. Council agreed to defer the final reading of the ordinance until February 3r~. 3. (Item # 14 - Resolution establishing revised ... fees and charges ... for Parks & Recreation Services and Programs) Parks & Recreation Director Trueblood reported the Board was also reviewing the Iow income fee policy. 4. (Item # 9 - Ordinance amending Title 10 ... "Use of Public Ways and Property" ...) City Atty. Dilkes responded to questions regarding the changes, noting the changes are more protective of First Amendment rights. Majority agreed to defer until February 3 to await City Atty. memo identifying a number of issues. 5. (Item # 17 - Council appointments) City Clerk Karr stated the appointments were on the agenda as a result of discussion at the organizational meeting; and should be acted upon by Council. After discussion majority agreed not to re-create a Legislative Committee. 6. (Item # 15 - Resolution amending bylaws ... Historic Preservation Commission) In response to Council Member Elliott, City Atty. Dilkes explained ex parte communication is an issue with quasi judicial commissions, and in that capacity people should be aware of what evidence the Commission is considering when they make their decision. Noting it was not appropriate to have a lot of discussion outside the hearing. COUNCIL TIME None Meeting adjourned 6:50 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 - 1/20/04 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 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. Mar[in 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 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: 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 13 S. Linn St. Class C Liquor License for Joe's Place, 115 Iowa Ave. Class B Liquor License for Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for Sheraton Iowa City, 210 S. Dubuque St. Class C Beer Permit for North Dodge HandiMar[, 2545 N. Dodge St. Class E Liquor License for Cub Foods, 855 Hwy 1 West. RES. 04-9, ISSUE DANCE PERMIT for Sheraton Iowa City, 210 S. Dubuque St. Motions: approve disbursements in the amount of $9,161,142.00 for the period 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 Official Actions Page 2 January 20, 2004 $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 ~ 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 & Mary Heneck 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]. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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 Belden Avenue. The Mayor declared the motion carried. 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 Official Actions Page 3 January 20, 2004 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: 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. Moved and seconded to accept correspondence from Garry Klein, Heather MacDonald (2), Neighborhood Council of Iowa City, Steven Nelson, Robert Phipps, Leu Ann Lathrop, and Steve Rohrbach. Moved and seconded to continue the public hearing to February 3. The Mayor declared the motion carried. Moved and seconded 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. 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 located on Heinz Road, be given second vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Tracey Schmidt, Bob and Debbie Westcott, Irene Klinzman, Thomas Stillwagon. The Mayor declarted the motion carried. Moved and seconded that the 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, be given second vote. The Mayor declared the motion carried. Moved and seconded 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 a Stormwater Utility Fee. Pat Guard, iowa City Area Chamber of Commerce, appeared. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Joe Rase. The Mayor declared the motion carried. Moved and seconded 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. 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 second vote. The Mayor declared the motion carried. Official Actions Page 4 January 20, 2004 Moved and seconded 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. Moved and seconded 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. Moved and seconded 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 OFA44 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. Moved and seconded to adopt RES. 04-19, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Moved and seconded to defer to February 3 and refer back to the Rules Committee a resolution amending the by-laws of the Historic Preservation Commission. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-20, NAMING THE WATERWORKS PARKLAND "WATERWORKS PRAIRIE PARK." Moved and seconded 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 (EClCOG) 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. Mayor Pro tem Wilburn left the room due to a conflict of interest. Moved and seconded 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. 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. Official Actions Page 5 January 20, 2004 Moved and seconded to adjourn regular meeting at 8:40 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 Clerk M Date: January 28, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 22, 2004, 1:00 PM in Emma J. Harvat Hall Council: Bailey, Champion, EIliott, Lehman, O'Donnell, Vanderhoef, Witburn Staff: Atkins, Helling O'Malley, Herting, Mansfield, Kart, Davidson Tapes: 04-11, Side 2; 04-13, Both Sides; 0414, Side 1 (A complete transcription is available in the City Clerk's Office) BUDGET UPDATES The City Manager reviewed the following matters: · The Governor had not restored the bank franchise in his budget message, and the City made that assumption and had not included it in the budget · Senator Sievers (New Liberty) has introduced property tax freezes or limitations · "Freedom communities" communities can demonstrate cooperative joint efforts and be "freed" of certain regulations · Congress was scheduled to vote today on a major government finance bill which included $2 million for the Court Street Transportation Center, and the Coralville Rain Forest Project · Clarified military tax credit for all incorporated and unincorporated areas · Boards and Commissions have been offered January 27 to discuss budget issues · Budget public hearing will be set on February 3 for special formal on March 1 · Budget adoption is scheduled for regular formal meeting of March 2 · Announced tentative agreement of two year labor agreement with Fire at 2.75 each year ACTION: Council requested a letter be sent from the Mayor supporting the continuation of the Homestead Exemption procedure. Champion requested a memo outlining total real costs to the City of labor employee settlements, BUDGET OVERVIEW The City Manager reviewed expenses on page 30 of the Budget, and distributed copies of the Citizens Summary. Finance Director O'Malley and Asst. PCD Director Davidson present for discussion. Three handouts were discussed (distributed after formal meeting of 1/20): 1. Memo from Parking and Transit Director Fowler re Library Request for Reserved Parking 2. Council Decision (Not in Priodty Order) 3. Memo from City Manager regarding FY05 Budget (unfunded list of capital projects) (Mayor Pro tern Wilburn left the meeting for discussion on Aid to Agencies and CDBG funding.) The following areas were identified on a flip chad for separate discussion at a later time: Council Work Session January 22, 2004 Page 2 BUDGET 05-06-07 Census Aid to Agencies *Shelter House replaced EHP CAP - CVB # from hotel tax Mormon Trek extended bridge Expansion joints - Park Road TIF dollars KCC area ACTION: Staff will report back on cost estimates for census; throughout the year schedule at least one human service agency update at a work session, Council requested that ARC and Mayor's Youth be scheduled the same evening or close to the same time and information be provided prior to the work session. Meeting adjourned 3:45 PM. 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 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, Wilburn. 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 Iowa 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 & Mary 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 January 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 (SAO/CH-1) 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 Wilburn, 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. ']'he Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description Page 5 January 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 Wilbum 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; Emie 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 tem 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, Wilbum absent. Mayor Pro tern 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: Airpor-[ 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 Wilburn 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 Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk