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HomeMy WebLinkAbout2004-03-02 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 MARCH 2, 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'Mal.ley, Boelk. Council minutes tape recorded on Tape 04-23; Both Sides. The Mayor proclaimed: Mental Retardation Awareness Month, Board President Jeff Barta and Executive Director ARC Barbara Bolton, accepting; International Women's Month, Karen Kubby, Executive Director of Emma Goldman Clinic, accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Kyven Gadson, Alex Koch, Elizabeth Triplett. Council Member Elliott welcomed a journalism class from the University of Iowa. 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. February 17, Special Work Session; February 17, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Iowa City Board of Appeals - November 3, 2003; Iowa City Board of Adjustment - December 10, 2003; Senior Center Commission - December 15, 2003; Iowa City Airport Commission - January 8, 2004; Parks and Recreation Commission - January 14, 2004; Iowa City Public Library - January 22, 2004; Housing and Community Development Commission - January 15, 2004 Recommendation to Council: Recaptured Funds Policy: Unsuccessful or Delayed Projects Policy-Hayek said that last month the Commission made a few changes to paragraph one of the policy. Planning and Zoning Commission: January 15, 2004 Recommendations to Council: Recommended approval, by a vote of 7-0, to amend the Zoning Code as follows: Delete the following paragraph from subsection 14-6E-1C. Provisional Uses: 2. Religious institutions, subject to the requirements of Article L of this chapter." Add the following paragraph to subsection 14-6E-1D. Special Exceptions: 6. Religious Institutions: (The remaining paragraphs in subsection 14-6E-1D should be renumbered accordingly.). Telecommunications Commission: January 26, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: 1. Class C Liquor License for Okoboji lC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji lC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Class C Beer Permit for Deli Mart Corp., dba Deli Mart #2, 1920 Lower Muscatine Rd. Complete Description March 2, 2004 Page 2 Motions: approve disbursements in the amount of $11,714,042.41 for the period of January 1 through January 31,2004 as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-54, INTENT TO CONVEY TWENTY FOOT WIDE BY EIGHT HUNDRED TWENTY FOOT LONG PARCEL OF PROPERTY LOCATED WITHIN LOT 3, RUPPERT HILLS SUBDIVISION, TO TAYCAL, IOWA LTD., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 16, 2004. RES. 04-55, SETTING A PUBLIC HEARING for March 16, 2004, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT (STP-E-3715(624)--8V-52), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-56, FIXING DATE FORA MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 04-57, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $17,000,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 04-58, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT AND TO ACQUIRE PROPERTY FOR THIS SEGMENT OF THE PROJECT; AND SETTING DATE OF PUBLIC HEARING for April 6, 2004. Resolutions: RES. 04-59, 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, LUBIN TRUST, AND MOTIF, LTD. D/B/A BO-JAMES FOR A SIDEWALK CAFI~. Correspondence: JCCOG Traffic Engineering Planner regarding - Removal of NO PARKING 8 A.M.-5 P.M. MON-FRI signs and installation of 2 HR LIMIT PARKING 8 A.M.-5 P.M. MON-FRI signs on the west side of Mullin Avenue between Highwood Street and River Street; JCCOG Traffic Engineering Planner regarding Installation of HANDICAP PARKING in the 800 bloCk of 3rd Avenue; JCCOG Traffic Engineering Planner regarding Renewal of three cab stations located in the 400 block of College Street and one cab stand on South Linn Street. Installation of a new parking meter number C411 E, 2-hour time limit at 40 cents per hour in the 400 block of College Street where one cab station will not be renewed; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE signs on the north side of Iowa Avenue approximately 25' west of the intersection with Dodge Street and on the west side of N. Summit Street approximately 25' south of the intersection with Dewey Street; JCCOG Traffic Engineering Planner regarding Installation of two NO PARKING ANY TIME signs on the north side of Cross Park Avenue between Keokuk Street and the second driveway to the east; The Shelter House - Donna Hirst, Nate Steele; Riverside Theatre - Carolyn Cavitt, Claire Joseph; Melvin Rivers regarding Hate Crime [staff response included]; Caroline Dieterle regarding Conviction of Protestors in Texas; Complete Description * Revised 3/17/04 March 2, 2004 Page 3 Patricia N. Ephgrave regarding Serving our Senior Citizens; Bruce Titus, Carlos O'Kelly's General Manager regarding Non-Smoking Ordinance; Jean Walker regarding Hope Lodge and Preservation of the Melrose Avenue Neighborhood. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, that ordinance amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (CO-1) zone (The Church of Iowa City), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, that ORD. 04-4112, 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, EXCLUDING 301 SOUTH DUBUQUE STREET, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4113, VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved b~, Champion, seconded by O'Donnell, to defer to March 16 a resolution approving the final plat of Galway Hills, Part 9 and a resolution approving the final plat of Galway Hills, Part 8. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-60, APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 19B. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the 2004 Asphalt Resurfacing Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 04-61, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held or~ a resolution authorizing conveyance of 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 their conveyance to the city of a 44 square foot parcel of private property located at the intersection of Grove Street and Beldon Avenue. No one appeared. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-62, AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE Complete Description March 2, 2004 Page 3 Patricia N. Ephgrave regarding Serving our Senior Citizens; Bruce Titus, Carlos O'Keliy's General Manager regarding Non-Smoking Ordinance; Jean Walker regarding Hope Lodge and Preservation of the Melrose Avenue Neighborhood. Affirmative roil call vote unanimous, 7/0, all Council Members present. The Mayor declared the May~r declared the motion carried. Mo'~ed by Vanderhoef, seconded by Wilburn, that ordinance amending the zoning code regarding rbq. uirements for Religious Institutions in the Commercial Office (CO-1) zone (The Church of Io ,v~City), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Membe~ present. The Mayor declared the motion carried. Moved by ~Donnell, seconded by Champion, that ORD. 04-41 APPROXIMATELY'k1..26-ACRES OF PROPERTY FROM CENTRAL SUPPORT ZONE (CB-5) TO Pt.J~LIC/CENTRAL BUSINESS SUPPORT ZON~ ) FOR THE EAST HALF OF BLOCI~ 102, EXLUDiNG 301 SOUTH DUBUQUE/ be passed and adopted. Affirmative roll b~ll vote unanimous, 7/0, all Council M,e/m[ present. The Mayor declared the ordinance adb0ted. Moved by O'Donnell, 'seconded by Vanderhoef, that,( )'RD. 04-4113, VACATING A PORTION OF THE RIGHT-O~.-WAY LOCATED ADJACE,¢4 I' TO 425 BELDON AVENUE, be passed and adopted. Affirmativ~oll call vote unanimou.~', 7/), all Council Members present. The Mayor declared the ordinanc6%adopted. Moved by Champion, secon~d by O'Donnel /to defEr to March 16 a resolution approving the final plat of Galway Hil~, Part 9 an¢ resolut on approving the final plat of Galway Hills, Part 8. The Mayor declarbd the carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded to adopt RES. 04-60, APPROVING THE FINAL PLAT OF WINDSOR RIDGE 19B. Affirmative roll call vote unanimous, 7/0, all Council Members present. The M~ ;clared the resolution adopted. A public hearing was held on pla ications, form of contract, and estimate of cost for construction of the 2004 A.~ ResurfaCi~g Project, establishing amount of bid security to accompany each bid, dir I City Clerk~o publish advertisement for bids, and fixing time and place for receipt of,,l~ No one appe~ed. Moved by Wilburn, sE conCf~d O'Donnell, to a~opt RES. 04-61, APPROVING PLANS, SPECIFICATIONS, F~I~M CONTRACT, ANI~ ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 04 Al ALT RESURFACII~G PROJECT, ESTABLISHING AMOUNT OF BID SECURI TO ,~ OMPANY EACH BIDkDIRECTING CITY CLERK TO PUBLISH ADVERTISEM FOR BIDS, AND FIXING TIME,ND PLACE FOR RECEIPT OF BIDS. Affirmative unanimous 7/0 all Council Members present. The Mayor declared the resolutio \ A public hear/i~ was held on a resolution authorizing conve~nce of a vacated portion of the Grove Stree~Ri! ht-of-Way located westedy along the north pro'lo, erty line of 425 Beldon Avenue to Paul ~d J~)an Burns, owners of 425 Beldon Avenue, in exchtange for their conveyanc ~ to/the city of a 44 square foot parcel of private property located at the intersection of Grove S Ir~)4~t and Beldon Avenue. No one appeared. Mol,ed by Vanderhoef, seconded by Champion, to adopt RES. 04-6~, AUTHORIZING CONVEY,~ NCE OF A VACATED PORTION OF THE GROVE STREET RIGI-~T-OF-WAY LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELb~N AVENUE Complete Description March 2, 2004 Page 4 TO PAUL AND JOAN BURNS, OWNERS OF 425 BELDON AVENUE, IN EXCHANGE FOR THEIR CONVEYANCE TO THE CITY OF A 44 SQUARE FOOT PARCEL OF PRIVATE PROPERTY LOCATED AT THE INTERSECTION OF GROVE STREET AND BELDON AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties"; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 14-3A-2, "Definitions," and Section 14-3A-4, "Rates and Charges for City Utilities" and; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. No one appeared. Moved by Champion, seconded by Bailey, that the revised ordinance amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 14-3A-2, "Definitions," and Section 14-3A-4, "Rates and Charges for City Utilities" and; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee, be given first vote. 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 Elliott, seconded by Champion, that 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, be passed and adopted. The Mayor declared the ordinance defeated unanimously, 0/7, all Council Members present. Moved by Vanderhoef, seconded by Bailey, that 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 second vote. Individual Council Members expressed their views. The following individuals appeared: Caroline Dieterle, Walnut Street; Peter Hansen, 1203 Cambria Ct.; and Evan Fales, 1215 Oakcrest. 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 accept correspondence from Caroline Dieterle and Eric Fisher. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, that ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," and Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds" to allow for the sale, possession, and consumption of beer and wine under limited circumstances in a City Complete Description March 2, 2004 Page 5 Park, on public right-of-way, or on a City ground, excluding City buildings, pursuant to a written agreement with the city, as amended by Council discussion on March 1, be given first vote. The City Attorney outlined changes made in the ordinance after Council discussion at their work session of March 1. Emma Mills, 1121 - 4th Avenue, appeared. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilbum. Nays: Lehman. Absent: None. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Mark Evans. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 04-63, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO LISTING AGREEMENTS WITH KEVIN HANICK OF LEPIC-KROEGER REALTORS TO LIST FOR LEASING THE COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-64, ADOPTING THE ANNUAL BUDGET EXCLUDING HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Moved by Bailey, seconded by Champion, to amend the budget by removing $10,000 from the Airport budget. Individual Council Members expressed their views. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Lyle Deeds, Iowa City Fire Fighter, appeared. Affirmative roll call vote unanimous on the amended resolution, 7/0, all Council Members present. The Mayor declared the amended resolution adopted. Mayor Pro rem Wilburn left meeting due to a conflict of interest. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 04-65, ADOPTING THE ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Moved by Champion, seconded by Bailey, to take the $10,000 reduced from the Airport budget and put in Human Services Funding. Individual Council Members expressed their views. The Mayor declared the motion to amend defeated, 2/4, with the following show of hands: Ayes: Champion, Bailey. Nays: Elliot[, Lehman, O'Donnell, Vanderhoef. Absent: Wilburn. Affirmative roll call vote unanimous, 6/0, Wilbum absent. The Mayor declared the resolution adopted. Mayor Pro tern Wilburn returned to the meeting. Moved by Champion, seconded by Wilburn, to adopt RES. 04-66, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2005 THROUGH 2007 AND THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2008. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 04-67, NAMING A NEW NEIGHBORHOOD PARK "BENTON HILL PARK". Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn left meeting due to a conflict of interest. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-68, RESCINDING RESOLUTION 03-74 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION AMENDING THE POLICY FOR THE RECAPTURE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) Complete Description March 2, 2004 Page 6 FUNDS. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn returned to the meeting. Moved by Elliott, seconded by Bailey, to make the following appointments to Board and Commissions: appoint Carl Williams, 15 S 7th Avenue, to the Airport Commission to fill a six- year term March 1, 2004 - March 1,2010; appoint Dorothy Maher, 836 West Side Drive, to the Civil Service Commission to fill a four-year term April 5, 2004 - April 7, 2008; re-appoint James Pronto the to the Historic Preservation Commission Brown Street District Rep, to fill a three-year term March 29, 2004 - March 29, 2007; re-appoint Michael Gunn to the Historic Preservation Commission Summit Street District Rep, to fill three-year terms March 29, 2004 - March 29, 2007; The Historic Preservation appointment to fill a at-large three year term March 13, 2004 - March 13, 2007 is deferred to March 16; re-appoint Brett Castillo to the Telecommunications Commission to fill a three year term March 13, 2004 - March 13, 2007. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from John Krstenansky, Michael Maharry and Lowell Soike of the State Historical Society. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously-announced vacancies: Airport Zoning Commission to fill a six-year term January 1, 2004 - December 31, 2009; Airport Commission to fill an unexpired term ending March 31,2007; Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31,2008; Historic Preservation Commission to fill a vacancy (Woodlawn District Representative) for a three-year term March 29, 2003 - March 29, 2006; Parks and Recreation Commission fill an unexpired term ending January 1,2006. Applications must be received by 5:00 p.m., Wednesday, March 10, 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.] Council Member EIliott complimented staff and the previous Council for putting together the three year budget a year ago, and reiterated his desire for a timeframe for fire and police protection issues; and welcomed University of Iowa journalism classes. Council Member Champion thanked the Mayor for the International Women's Month proclamation, noting the strides made by women in her personal family. Council Member Vanderhoef seconded the comments made by Council Member Champion. Mayor Pro tern Wilburn reminded the community the Table to Table annual banquet and fundraiser scheduled for March 7; and congratulated those who participated in the Black Law Student Association's oratory competition Council Member Bailey echoed comments made by Council Member Champion, and encouraged promotion of gender equality in our state. Mayor Lehman reported at his attendance at the jump rope event for the American Heart Association held at the University Recreation Building; and reported on his recent trip to Washington, D.C. promoting the Technology Corridor concept. Moved by O'Donnell, seconded by Elliott, to adjourn meeting at 8:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description March 2, 2004 Lehman, Mayor Madan K. Karr, City Clerk Date: February 17, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, February 17, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, He~ling, Dilkes, Franklin, Karr Tapes: 04-19, Side 2 (A complete transcription is available in the City Clerk's Qffice) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-1) ZONE (The Church of Iowa City). B. 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. (REZ03-00028) (SECOND CONSIDERATION) Court Street Transportation Center) C. ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE. (VAC03-00004) (SECOND CONSIDERATION) D. 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. (REZ03-00027) (DEFERRED FROM 2~3) (PASS AND ADOPT) PCD Director Franklin stated the City had received verbal approval for the Wetland Compensatory Mitigation Plan from the Corps and recommended approval. E. RESOLUTION APPROVING THE PRELIMINARY PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA (DEFERRED FROM 2/3) (SUB03-00027) See previous item. Council Work Session February 17, 2004 Page 2 F. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SANDHILL ESTATES, IOWA CITY, IOWA (SUB03-00028) AGENDA ITEMS 1. (item # 14 - Resolution authorizing the acquisition ... 925 Washington Street ...) Council Member Elliott stated he had to refer to a dictionary for the definition for "jury rigged" contained in the comment. 2. (Consent Calendar # 5g(4) - Kyle Bingham, Stephanie Peck ..... Safe Zone for Kids) Council Member Vanderhoef referenced the letter regarding the Mercer Park skate board equipment being less than friendly for young and beginners skaters, and expressed interest in doing something at Mercer. Council Member Champion expressed concerns regarding doing something on west side as well. Staff will ask for refer the item to the Parks & Recreation Commission for a recommendation. 3. (Item # 14 - Resolution authorizing the acquisition ... 925 Washington Street ...) In response to Council Member Elliott, City Atty. Dilkes stated that state statute does provide a method to recoup costs for municipal infractions but when condemning property the Condemnation Commission will make an award and the City must resell it for the residential, property amount awarded. 4. (Consent Calendar # 5g(12) - Tim Fitzgerald ... abandoned car shop) In response to Council Member Vanderhoef, staff agreed they were not familiar with the streets names (Wycome Road and Stratford Road) and will follow up with the individual. 5. (item # 10 - Ordinance .., amending Title 10 ... "Use of Public Ways and Property" ...) Council Member Bailey indicated she had received a number of calls regarding the proposed ordinance and would wait until the formal meeting to ask questions. COUNCIL TIME None Meeting adjourned 6:43 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 - 2/17/04 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Pro tem Wilburn presiding. Council Members present: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Lehman. The Mayor Pro tem proclaimed: March Special Olympics Month, Joyce Rosie, Member of Board of Director's accepting along with Special Olympians Jared Countryman, Chris Hartgrave, Richard Huffman, Charlie Thompson, Brandon Clark, Gary Anderson, Derick Hotka, Eliana Fieldman, and Coach John Meskimen; March Red Cross Month, Dr. Klm Johnson, Board Member accepting. The Mayor Pro tern presented Outstanding Student Citizenship Awards to Regina Elementary students: Tom Harney, John Crompton, Kristen Gaffey. Dan Lovett, Vice President of H.R. Green Company, presented framed aerial picture of the new City Water Plant to the City as a token of appreciation; Mid American Energy Manager of Energy Efficiency Rick Leuthauser presented a rebate check of $113,713 to the City for installation of high- efficient equipment at the water treatment plant. Kevin Slutts, Assistant Water Superintendent, thanked Mid American for alerting the City to the rebates and their assistance throughout the project. 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 27 Special Council Work Session; February 2, Regular Council Work Session; February 2, Special Council Formal Official and Complete; February 3, Regular Council Formal Official and Complete; February 5, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Iowa City Public Library: December 18, 2003; Public Art Advisory Committee: January 8, 2004; Police Citizens Review Board: January 13, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for R.T.'s, 826 S. Clinton St. Outdoor Service Area for R.T.'s, 826 S. Clinton St. Class C Liquor License for El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. Special Class C Liquor License for Seoul Garden, 415 S. Gilbert St. Special Class C Liquor License for Devotay, 117 N. Linn St. Class B Beer Permit Godfather's Pizza, 531 Hwy 1 West. Class C Beer Permit for Fareway Stores, Inc. #034, 2765 Commerce Dr. Class E Liquor License for Hy- Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. Class E Liquor License for Hy- vee Food Store #2, 812 S. First Ave. Class E Liquor License for Hy-Vee #3, 1201 N. Dodge St. Special Class C Liquor License for Thai Spice Restaurant, 1210 S. Gilbert St. RES. 04-37, TO ISSUE DANCE PERMIT to R.T.'s, 826 S. Clinton St. Motions: approve disbursements in the amount of $10,236,084.27 for the period of December 1 through December 31, 2003, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-38, SETTING A PUBLIC HEARING for March 2, 2004, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-39, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO Official Actions February 17, 2004 Page 2 COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT, NAPOLEON LANE TO CITY LIMITS AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING for April 6, 2004. Set a public hearing on March 16, 2004, on the City of Iowa City FY2005 Iowa Department of Transportation Consolidated Transit Funding application and authorizing the publication of a notice of said hearing. Resolutions: RES. 04-40, 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, THE MOEN GROUP AND TERRAPIN BREWERY, INC. D/B/A TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK CAFI~. RES. 04~41, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MILHALOPOULAS, AND ATLAS WORLD GRILL INC., d/b/a ATLAS WORLD GRILL, FOR A SIDEWALK CAF~ RES. 04-42, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC. d/b/a VITO'S, FOR A SIDEWALK CAF~. RES. 04-43, ACCEPTING THE WORK FOR THE ANIMAL SHELTER HVAC PROJECT: PHASE II. RES. 04-44, 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 PROPERTY LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING BETWEEN SIGNS with arrow signs in the 1000 block of E. Bloomington Street; Don Sanders regarding Budget Observations; Sonia Ettinger regarding Iowa City Public Library/Planning Commission; Safe Zone for Kids: Kyle Bingham, Stephanie Peck; Riverside Theatre/City Park: Terry Dunlap, Marianne K. Michael; Jean Tack regarding Heritage Manor Apartments; Snow removal: Bev Platz[staff response included], Stephen J. Radosevich; Jay and Mary Honeck, Alexis Park Inn & Suites regarding Excess Noise by City Equipment and Personnel; Tom Schnell regarding Airport Commission Meeting; Glenn R. Siders regarding Compliments to Council Regarding Sandhill Estates; Marty Cutter, Don W. Maniccia; HACAP: HACAP withdrawal of the FY-05 Funding Request; Tim Fitzgerald regarding Abandoned Car Shop. The Mayor Pro tem declared the motion carried. A public hearing was held amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (CO-1) Zone. Moved and seconded that the ordinance amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (CO-1), be given first vote. The Mayor Pro tern declared the motion carried. Moved and seconded 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 the 301 South Dubuque Street property, be given second vote. The Mayor Pro tern declared the motion carried. Moved and seconded that the ordinance vacating a portion of the right-of-way located adjacent to 425 Beldon Avenue, be given second vote. The Mayor Pro tern declared the motion carried. Moved and seconded that ORD. 04-4111, 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 passed and adopted. Official Actions February 17, 2004 Page 3 Moved and seconded to adopt RES. 04-45, APPROVING THE PRELIMINARY PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA.. Moved and seconded to adopt RES. 04-46, APPROVING THE PRELIMINARY PLAT OF SANDHILL ESTATES, IOWA CITY, IOWA. A public hearing was held on conveyance of a single family home located at 1927 Grantwood Street to a Public Housing Program Tenant. Moved and seconded to adopt RES. 04-47, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A PUBLIC HOUSING PROGRAM TENANT. A public hearing was held on conveyance of 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. Moved and seconded to adopt RES. 04-48, AUTHORIZING CONVEYANCE OF 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. Moved and seconded 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 second vote. Moved and seconded to amend the ordinance to delete language that requires as part of the application that you include the names of the entertainers or speakers. The Mayor Pro tern declared the motion to amend carried. Caroline Dieterle appeared. After discussion, original motion for second consideration withdrawn. Moved and seconded that the amended ordinance be given first vote. The Mayor Pro tern declared the motion carried. Moved and seconded to adopt RES. 04-49, SETTING A PUBLIC HEARING FOR MARCH 2, 2004 ON A revised ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, 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," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY FEE. Moved and seconded to defer to March 2 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, "Stormwater Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. The Mayor Pro tem declared the motion carried. Moved and seconded to adopt RES. 04-50, AMENDING THE BUDGETED POSITIONS IN THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING ONE HALF-TIME AND ONE THREE-QUARTER TIME CASHIER POSITIONS. Moved and seconded to adopt RES. 04-51, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 925 WASHINGTON STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Moved and seconded to adopt RES. 04-52, ADOPTING THE MELROSE AVENUE/GRAND AVENUE TRAFFIC OPERATIONS STUDY FINAL REPORT. Official Actions February 17, 2004 Page 4 Moved and seconded to grant a 60-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #03-13. The Mayor Pro tem declared the motion carried. Moved and seconded to approve Continuing Disclosure Certificate relative to issuance of $7,305,000 General Obligation Bonds. The Mayor Pro tern declared the motion carried. Moved and seconded to adopt RES. 04-53, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, AND LEVYING A TAX TO PAY SAID BONDS. 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, to fill 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. New vacancies: Airport Zoning Commission to fill a six-year term January 1, 2004 - December 31, 2009; Airport Commission to fill an unexpired term ending March 31, 2007; Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31, 2008; Historic Preservation Commission for 0Noodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Parks and Recreation Commission to fill an unexpired term ending January 1, 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.] Applications must be received by 5:00 p.m., Wednesday, March 10, 2004. Moved and seconded to adjourn meeting at 8:20 p.m. The Mayor Pro tern 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/Ross Wilburn, Mayor Pro tem s/Marian K. Karr, CityjC)lerk~z~ , Submitted for publication - 2/23/04. 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 17, 2004 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Pro tem Wi[burn presiding. Council Members present: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Lehman. Staff Members present: Atkins, Helling, Dilkes, Karr, Franklin, Slutts, Fosse, Boelk, Dulek, O'Malley, Bradbury. Council minutes tape recorded on Tape 04-21, Both Sides. The Mayor Pro tern proclaimed: March Special Olympics Month, Joyce Rosie, Member of Board of Director's accepting along with Special Olympians Jared Countryman, Chris Hadgrave, Richard Huffman, Charlie Thompson, Brandon Clark, Gary Anderson, Derick Hotka, Eliana Fieldman, and Coach John Meskimen; March Red Cross Month, Dr. Kim Johnson, Board Member accepting. The Mayor Pro tem presented Outstanding Student Citizenship Awards to Regina Elementary students: Tom Harney, John Crompton, Kristen Gaffey. Dan Lovett, Vice President of H.R. Green Company, presented framed aerial picture of the new City Water Plant to the City as a token of appreciation; Mid American Energy Manager of Energy Efficiency Rick Leuthauser presented a rebate check of $113,713 to the City for installation of high- efficient equipment at the water treatment plant. Kevin Slutts, Assistant Water Superintendent, thanked Mid American for alerting the City to the rebates and their assistance throughout the project. Moved by Vanderhoef, seconded by Bailey, 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 27 Special Council Work Session; February 2, Regular Council Work Session; February 2, Special Council Formal Official and Complete; February 3, Regular Council Formal Official and Complete; February 5, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Iowa City Public Library: December 18, 2003; Public Ad Advisory Committee: January 8, 2004; Police Citizens Review Board: January 13, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Outdoor Service Area for R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Class C Liquor License for El Ranchero, Inc., dba El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. Special Class C Liquor License for EKSY, Ltd., dba Seoul Garden, 415 S. Gilbert St. Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St. Class B Beer Permit for Stuff Corp., dba Godfather's Pizza, 531 Hwy I West. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #2, 812 S. First Ave. Class E Liquor License for Hy-Vee, inc., dba Hy-Vee #3, 1201 N. Dodge St. Special Class C Liquor License for Chansy Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert St. RES. 04-37, TO ISSUE DANCE PERMIT to R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Motions: approve disbursements in the amount of $10,236,084.27 for the period Of December I through December 31,2003, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-38, SETTING A PUBLIC HEARING for March 2, 2004, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING Complete Description February 17, 2004 Page 2 THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-39, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT, NAPOLEON LANE TO CITY LIMITS AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING for April 6, 2004. Set a public hearing on March 16, 2004, on the City of Iowa City FY2005 Iowa Department of Transportation Consolidated Transit Funding application and authorizing the publication of a notice of said hearing. Resolutions: RES. 04-40, 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, THE MOEN GROUP AND TERRAPIN BREWERY, INC. D/B/A TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK CAFI~. RES. 04-41, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MILHALOPOULAS, AND ATLAS WORLD GRILL INC., d/b/a ATLAS WORLD GRILL, FOR A SIDEWALK CAFI~ RES. 04-42, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC. d/b/a VITO'S, FOR A SIDEWALK CAFI~. RES. 04-43, ACCEPTING THE WORK FOR THE ANIMAL SHELTER HVAC PROJECT: PHASE II. RES. 04-44, 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 PROPERTY LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING BETWEEN SIGNS with arrow signs in the 1000 block of E. Bloomington Street; Don Sanders regarding Budget Observations; Sonia Ettinger regarding Iowa City Public Library/Planning Commission; Safe Zone for Kids: Kyle Bingham, Stephanie Peck; Riverside Theatre/City Park: Terry Dunlap, Marianne K. Michael; Jean Tack regarding Heritage Manor Apartments; Snow removal: Bev Platz[staff response included], Stephen J. Radosevich; Jay and Mary Honeck, Alexis Park Inn & Suites regarding Excess Noise by City Equipment and Personnel; Tom Schnell regarding Airpod Commission Meeting; Glenn R. Siders regarding Compliments to Council Regarding Sandhill Estates; Marty Cutter, Don W. Maniccia; HACAP: HACAP withdrawal of the FY-05 Funding Request; Tim Fitzgerald regarding Abandoned Car Shop. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion carried. A public hearing was held amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (CO-1) Zone (The Church of Iowa City). No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (CO-1) (The Church of Iowa City), be given first vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the motion carried. Moved by Champion, 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 the 301 South Dubuque Street property (Court Street Transportation Center), be given second vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the motion carried. Complete Description February 17,2004 Page 3 Moved by O'Donnell, seconded by Bailey, that the ordinance vacating a portion of the right-of- way located adjacent to 425 Beldon Avenue, be given second vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion carried. Moved by Champion, seconded by Vanderhoef, that ORD. 04-4111, 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 (J JR Davis Addition), be passed and adopted. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the ordinance adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-45, APPROVING THE PRELIMINARY PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-46, APPROVING THE PRELIMINARY PLAT OF SANDHILL ESTATES, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. A public hearing was held on conveyance of a single family home located at 1927 Grantwood Street to a Public Housing Program Tenant. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-47, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. A public hearing was held on conveyance of 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. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-48, AUTHORIZING CONVEYANCE OF 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. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by Vanderhoef, 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 second vote. Individual Council Members expressed their view. City Atty. Dilkes to questions. Moved by Champion, seconded by Bailey, to amend the ordinance to delete language that requires as part of the application that you include the names of the entertainers or speakers. The Mayor Pro tern declared the motion to amend carried, 5/1, with the following show of hands: Ayes: Bailey, Champion, Elliott, O'Donnell, Wilburn. Nays: Vanderhoef. Absent: Lehman. Caroline Dieterle appeared. After discussion, original motion for second consideration withdrawn. Moved by Champion, seconded by Elliott, that the amended ordinance be given first vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro rem declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-49, SETI-ING A PUBLIC HEARING FOR MARCH 2, 2004 ON A revised ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, 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," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER Complete Description February 17, 2004 Page 4 UTILITY FEE. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to defer to March 2 the ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Pena~fies"; 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 Utilifies, Article G, "Stormwater Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-50, AMENDING THE BUDGETED POSITIONS IN THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING ONE HALF-TIME AND ONE THREE-QUARTER TIME CASHIER POSITIONS. Council Member Champion requested the City investigate utilization of machines and credit or debt cards versus staffing attendants. City Manager will follow up. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro rem declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-51, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 925 WASHINGTON STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 04-52, ADOPTING THE MELROSE AVENUE/GRAND AVENUE TRAFFIC OPERATIONS STUDY FINAL REPORT. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to grant a 60-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #03-13. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Moved by Vanderhoef, seconded by O'Donnell, to approve Continuing Disclosure Certificate relative to issuance of $7,305,000 General Obligation Bonds. The Mayor Pro rem declared the motion carried unanimously, 6/0, Lehman absent. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-53, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro rem declared the resolution adopted. 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, to fill 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. New vacancies: Airport Zoning Commission to fill a six-year term January 1, 2004 - December 31, 2009; Airport Commission to fill an unexpired term ending March 31,2007; Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31, 2008; Historic Preservation Commission for (~Noodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Parks and Recreafion Commission to fill an unexpired term ending January 1, 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.] Correspondence included in Council Packet from Kevin Boyd noted. Applications must be received by 5:00 p.m., Wednesday, March 10, 2004. Council Member Elliott noted in reading the Use of Force Report from the Police Department that 10 deer had to be destroyed after being struck by motor vehicle in December and January; Complete Description February 17, 2004 Page 5 referenced the issue of properly taxes in a letter on the Consent Calendar from Dan Sanders, and the fact that the more spent on affordable housing and housing assistance increases taxes and those increases are passed along to renters; and questioned the 35 minute delay in exiting the Dubuque Street ramp after the Chamber awards ceremony. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 8:20 p.m. The Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman absent. Ross Wilburn, Mayor Pro tern Marian K. Karr, City Clerk