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HomeMy WebLinkAbout2004-04-20 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 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, Robinson, Nasby, Klingaman, O'Neil, Boelk. Council minutes tape recorded on Tape 04-31; Side 2. The Mayor proclaimed: Arbor Day, City Forester, Robinson accepting; Arson Awareness Week, Fire Lt. Platz accepting; Herky on Parade Month, Convention & Visitors E~ureau Director Josh Schamberger and Rick Klatt, Associate Director External Affairs University Of Iowa Athletic Department accepting; National Volunteer Week, Rene Paine, Volunteer Administrative Network member accepting. The Mayor presented Outstanding Student Citizenship awards to Lemme Elementary students: Nathaniel Gier, Noelle Polsley. Brian Phelps, Engineering Manager, MidAmerican Energy presented a $20,000 check to City Forester Terry Robinson for the Trees Please Grant. Moved by Champion, seconded by Elliott, that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as amended and to revise Item 5e(1), Resolution setting a public hearing on amending the FY2004 Operating Budget, to May 18 and to defer indefinitely Item 5g(1), memo from JCCOG regarding Relocation of Iowa City Transit bus stop memo: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. April 5, Special Council Formal Official and Complete; April 5, Regular Work Session; April 6, Regular Council Formal Official and Complete; April 8, 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 Historic Preservation Commission - February 12, 2004; Telecommunications Commission - February 23, 2004; Iowa City Historic Preservation Commission - February 26, 2004; Planning and Zoning - March 4, 2004 Recommendation: Approval for rezoning from CB-2, Central Business Service to RM-44, High Density Residential Multi-Family for property located 302 and 308 S. Gilbert Street. Recommendation: Approval for rezoning from ID-RS, Interim Development Residential, to RS-5, Low-Density Single-Family Residential, for approx. 24.1 acres of property located on South Sycamore Street. Recommendation: Approval for a preliminary plat of General Quarters subdivision, an approx. 24.1 acre, 29 lot single family subdivision located east of Sycamore Street and south of Stanwyck Drive. Recommendation: That the SSMID application for property located within the Central Business (CB-10) zone, generally located between Iowa Ave, Complete Description Page 2 April 20, 2004 Burlington St., Gilbert St., and Capitol St. met the eight criteria listed in Staff Report of 1/9/04, but as petitioned did not have merit or feasibility based on the issues of concern enumerated by the Commission. Airport Commission - March 11,2004; Iowa City Historic Preservation Commission - March 11,2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Daverse II, Inc., dba College Street Billiard Club, 114-116 E. College St.; Class C Liquor License for Sam's Pizza lC, Inc., dba Sam's Pizza lC, Inc., 321 S. Gilbert St.; Class E Liquor License for Liquor House, Ltd., dba Liquor House, 326 S. Clinton St.; Class C Beer Permit for Deli Mart Corp., dba DeliMart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Suburban Investors LLC, dba Suburban Amoco-Keokuk Street, 1905 Keokuk St.; RES. 04-108, TO ISSUE CIGARETTE PERMIT to Goosetown Market, Inc., dba Goosetown Market, Inc., 600 B N. Dodge St. Motion: approve disbursements in the amount of $7,697,220.52 for the period of February 1 through February 29, 2004 as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-109, SETTING A PUBLIC HEARING ON AMENDING THE FY2004 OPERATING BUDGET for May 18. RES. 04-110, SETTING A PUBLIC HEARING for May4 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 PCC PAVEMENT REHABILITATION PROJECT - DODGE STREET, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 04-111, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA 28E AGREEMENT FOR HUMAN RIGHTS INVESTIGATIVE SERVICES BETWEEN THE CITY OF IOWA CITY AND THE CITY OF AMES FOR HUMAN RIGHTS INVESTIGATIVE SERVICES. RES. 04-112, ADOPTING THE 2004 ECONOMIC DEVELOPMENT STRATEGY FOR THE CITY OF IOWA CITY, IOWA. RES. 04-113, ACCEPTING THE WORK FOR THE RECREATION AND CIVIC CENTER HVAC AND PLUMBING REPLACEMENT PROJECT. RES. 04- 114, ACCEPTING THE WORK FOR THE 2003 ASPHALT RESURFACING PROJECT. RES. 04-115, 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 LOT 20 LONGFELLOW MANOR, IOWA CITY, IOWA. RES. 04-116, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND U S BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 109 SOUTH JOHNSON STREET, IOWA CITY, IOWA. RES. 04-117, ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY LAPTOP AND PRINTER; ESTABLISHING PROCEDURE FOR E-MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY COUNCIL PACKETS; AND ESTABLISHING A STIPEND FOR SUPPLIES AND DEDICATED PHONE LINE FOR INTERNET ACCESS OR HIGH SPEED INTERNET SERVICE. Complete Description Page 3 April 20, 2004 Correspondence: Joseph Klapper regarding Siren Tests; Teri Snell regarding Melrose Avenue and Lot 43 [Staff response included]; Larry Jones regarding Lease Financing Issue; Woodson Spring regarding Corridor Trolley; E-Newsletter, April 7 and 14 regarding The United States Interagency Council on Homelessness e-newsletter; NCJRS regarding Youth Gangs in Indian Country; Katherine McCarthy regarding Possibility of Iowa City Bars becoming non-smoking entirely [Staff response included]; Carol Spaziani regarding Invitation to League of Women Voters Panel; Susan Conrath regarding School Board [Staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Rene Paine, outgoing Director of Public Access Television, introduced the new Director Josh Goding. Moved by Bailey, seconded by Vanderhoef, that the ordinance changing the zoning designation of approximately $2,000 square feet of property from Central Business Service Zone (CB-2) to High Density Multifamily Residential (RM-44) Zone for property located at 302 and 308 South Gilbert Street, be given second 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 24.1 acres from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential Zone (RS-5), subject to conditions, for property located on South Sycamore Street, east of Southpoint Subdivision. No one appeared. Moved by Champion, seconded by Vanderhoef, that the ordinance rezoning approximately 24.1 acres from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential Zone (RS-5), subject to conditions, for property located on South Sycamore Street, east of Southpoint Subdivision, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-118, APPROVING FINAL PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn abstained and left meeting due to a conflict of interest. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for May 4, 2004 regarding Iowa City's FY05 Annual Action Plan, that is a sub-part of Iowa City's 2001-2006 Consolidated Plan (a.k.a. City Steps) as amended. The Mayor declared the motion carried unanimously, 6/0, Wilburn abstaining. Mayor Pro tern Wilburn returned to the meeting. A public hearing was held on an ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to decrease water service charges and fees in Iowa City, Iowa. No one appeared. Moved by Wilburn, seconded by O'Donnell, that the ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to decrease water service charges and fees in Iowa City, Iowa, 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 plans, specifications, form of contract, and estimate of cost for the construction of the Brookland Park Sewer Separation Project, establishing Complete Description Page 4 April 20, 2004 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 Champion, seconded by O'Donnell, to adopt RES. 04-119, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION 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. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that the following ordinances be voted on final passage at this time: ORD. 04-4117, AMENDING SECTION 14, CHAPTER 5, ARTICLE A, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2003 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2003 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 04- 4118, AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE NO. 02-4034 OF THE CITY OF IOWA CITY AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH; ORD. 04-4119, AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 2003 EDITION OF THE UNIFORM PLUMBING CODE, WITH CERTAIN AMENDMENTS, TO REGULATE THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL PIPING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; ORD. 04-4120, AMENDING SECTION 14, CHAPTER 5, ARTICLE D, MECHANICAL CODE, BY ADOPTING THE 2003 EDITION OF THE INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 04-4121, AMENDING SECTION 14, CHAPTER 5, ARTICLE C, OF THE IOWA CITY CODE BY ADOPTING THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE INCLUDING ARTICLES 80 AND 90, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING THE PRACTICE, MATERIALS AND Complete Description Page 5 April 20, 2004 FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF FEES; AND PROVIDING PENALTIES FOR VIOLATIONS; ORD. 04-4122, AMENDING CITY CODE TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE N ENTITLED "FUEL GAS CODE" AND ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FUEL GAS CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinances be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinances adopted. Moved by Bailey, seconded by Wilburn, 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. Council Member Elliott commended staff and the public for their input, and noted the time spent by Council Member Bailey in putting the final version together. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Bailey, that ORD. 04-4123, 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 PARK, ON PUBLIC RIGHT-OF-WAY, OR ON A CITY GROUND, EXCLUDING CITY BUILDINGS, PURSUANT TO A WRITTEN AGREEMENT WITH THE CITY, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Lehman. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending the City Code, Title 14, "Unified Development Code, Chapter 1, "Streets, Sidewalks and Public Right of Way," "Article A. Streets, Sidewalks and Public Right of Way Generally", Section 14-1A-6, "Maintenance of Public Right of Way", to impose liability on abutting property owners for failure to maintain all public right of way located between the edge of the street or curb line and the property line, 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 Bailey, to adopt RES. 04-120, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH IOWA Complete Description Page 6 April 20, 2004 REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previous announced vacancies on Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31, 2008; Charter Review Commission to fill nine vacancies for a one-year term ending May 4, 2005; Historic Preservation Commission (Woodlawn District Representative) to fill a three- year term March 29, 2003 - March 29, 2006; Human Rights Commission to fill an unexpired term ending January 1,2005. Applications must be received by 5:00 p.m., Wednesday, April 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.] Council Member Vanderhoef requested staff prepare information on a jake break ordinance; and reported on the National Guard Readiness Center located on 25 acres of County land out on Melrose Avenue, west of 218 south. Mayor Pro tern Wilburn emphasized the value of volunteers to the community, and stated he would be a speaker at the Goodwill volunteer banquet. Council Member Bailey expressed appreciation for the Horace Mann volunteers for their efforts at the Horace Mann Carnival held the previous week. Mayor Lehman reminded citizens of the Crisis Center Breakfast scheduled for May 9, at St. Wenceslaus Church, Dodge and Davenport; and reported on his attendance earlier in the evening at the welcome home from Iraq 15 members of the 109th. City Manager Atkins reminded Council of the joint meeting scheduled for 4:00 PM at Harvat Hall. Moved by O'Donnell, seconded by Bailey, to adjourn meeting at 7:37 p.m. The Mayor declared the motion carried unanimously, 7/0, all Co/~Memb~ers prese, n~ /,,~ ~ne~t W. Lehman, Mayor- Manan K. Kerr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, :?,56-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/5/04 Iowa City City Council, special meeting 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 6:41 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk . Submitted for publication-4~4.'~'~'~ 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 - 4/6/04 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed: Week of the Young Child, Katie Klefstad accepting; Fair Housing Month, Krista Bowersox, (Des Moines HUD office) accepting; Head and Neck Cancer Awareness Week, Dr. Russell Smith, Dept. of Otolaryngology, accepting; National Medical Laboratory Week, Beth Hochstedler, Training Coordinator at UIHC Labs accepting; Crime Victims' Week; Public Access Television Week, Carrie Watson, Board Member accepting; Sexual Assault Awareness Month, Karen Slier, Johnson County Services Coordinator accepting; Alcohol Awareness Month, presented after Item No. 26 at the end of meeting. The Mayor presented Outstanding Student Citizenship awards to Grant Wood Elementary student: Kyven Gadson; and Longfellow Elementary students: Chelsea Davis Breanne Hugh, Graham Rowden. Moved and seconded that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as amended and to remove Item 4f(1 ) from Consent Calendar: Memo from Traffic Engineering Planner regarding relocation of Iowa City Transit bus stop for separate consideration; delete Item No. 4e(4) resolution accepting the work for the Recreation and Civic Center HVAC and Plumbing Replacement Project; and to add item 4d(2) resolution setting a public hearing, on Plans, Specifications, Form of Contract, and Estimate of Cost for the construction of the Brookland Park Sewer Separation Project: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. March 15, Regular Work Session; March 16, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Human Rights Commission - January 27, 2004; Parks and Recreation Commission - February 11, 2004 Recommendation: City Council name the Miller/Orchard parkland "Benton Hill Park". Board of Adjustment - February 11,2004; Airport Commission - February 12, 2004; Senior Center Commission - February 17, 2004 Recommendation: The Iowa City Council approve the Articles and by- laws creating the Iowa City Seniors Fund and to amend the Gift Fund Resolution to allow gift fund money to be used as a start-up donation to the Iowa City Seniors Fund. It was a unanimous vote in favor of the motion. The idea has been discussed at several of the last Commission meetings--so the topic is included in the minutes from the past several months. [See item 22 on this agenda] Housing and Community Development- February 18, 2004; Housing and Community Development- February 19, 2004; Public Library- February 19, 2004; Airport Official Actions Page 2 April 6, 2004 Commission - February 20, 2004; Telecommunications Commission - February 23, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for General Japanese Restaurant, Inc., 1853 Lower Muscatine Rd. Renewal: Class C Liquor License for Deadwood, 6 S. Dubuque St. Outdoor Service Area for Deadwood, 6 S. Dubuque St.; Class C Liquor License for Sports Column, 12 S. Dubuque St.; Class C Liquor License for Kitty Hawk, 1012 Gilbert Ct.; Class C Liquor License for Lark Restaurant, 1069 Hwy 1 West; Class C Liquor License for Airliner, 22 S. Clinton St. [See memo from Johnson County Attorney included in packet]; Class C Liquor License for First Avenue Club, 1550 S. First Ave.; Class C Liquor License for BPO Elk's #590,637 Foster Road; Special Class C Liquor License for Panchero's, 32 S. Clinton St.; Class B Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. RES. 04-89, TO ISSUE DANCE PERMIT to First Avenue Club, 1550 S. First Ave. Setting Public Hearings: RES. 04-90, SETTING A PUBLIC HEARING FOR APRIL 20, 2004 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO DECREASE OR CHANGE THE RATES FOR FEES AND CHARGES FOR WATER SERVICE CHARGES. RES. 04-91, SETTING A PUBLIC HEARING for April 20, 2004 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 04-92, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SYNCHRONIZATION MASTER LICENSE AGREEMENT WITH RED HOUSE RECORDS, INC. TO PERMIT THE CABLE DIVISION TO USE PORTIONS OF SOUND RECORDINGS AND COMPOSITIONS IN CONNECTION WITH THE DIVISION'S AVATAR PROJECT. RES. 04-93, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE DUBUQUE STREET / FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT (STP-U-3715(625)--70- 52). RES. 04-94, 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 19 REGAL LANE, IOWA CITY, IOWA. RES. 04-95, 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 IOWA STATE BANK & TRUST CO., AND ICBB LTD. d/b/a IOWA CITY BROWN BOTTLE, FOR A SIDEWALK CAFE. RES. 04-96, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSULTING AGREEMENT WITH RICE, WILLIAMS ASSOCIATES, INC. Correspondence: JCCOG Traffic Engineering Planner regarding Modifying All Commercial Vehicle Loading Zones or Loading Zones in the Central Business District to COMMERCIAL VEHICLE/LOADING ZONE 30 MIN LIMIT 8 AM- 5 PM, NO PARKING 2 AM - 6 AM TOW AWAY ZONE [List of locations attached to memo]; Official Actions Page 3 April 6, 2004 JCCOG Traffic Engineering Planner regarding Lexington Avenue Traffic Calming Barricade; Charles J. Conrad regarding J.D. Power and Associates 2004 Electric Utility Business Customer Satisfaction Study; Mark Patton regarding Funding under the CDBG/HOME Investments Partnerships Program; Alison Wemer Smith regarding Query on Corrective Resolution [Staff response included]; Benton Hill Park from Anna Buss, Mary Knudson [Staff response included]; Michelle Hankes regarding Requesting that Block Grant Funds be Awarded in the Form of a Grant; Kortny Williamson regarding: College Student Researching Chain Businesses Downtown [Staff Response Included]; Saul Mekies and Carol Spaziani regarding Vote on Iowa City Light and Power; Pia Broccard regarding Thank you to Iowa City Fire Dept #2 [Staff response included]; Matthew Thatcher regarding Iowa City Alcohol and Bar Committee [Staff response included]; Betsy Riesz regarding Transportation Service for Sarah Riesz; Darin Swartzendruber regarding Who is the head of Iowa City's Government? [Staff response included]; Inaugural Issue - The United States Interagency Council on Homelessness e-newsletter. The Mayor declared the motion carried. Moved and seconded to accept item 4f(1 ) removed from the Consent Calendar, Memo from Traffic Engineering Planner regarding relocation of Iowa City Transit bus stop. Matthew Fazen, 614 N. Linn St., presented information. Moved and seconded to defer the item until the April 20 meeting. The Mayor declared the motion to defer carried. Caroline Dieterle, 727 Walnut St., appeared regarding the timing of the walk lights on Burlington Street. Council Members Champion, Lehman, Vanderhoef stated they would be abstaining due to a conflict of interest for the next item. Mayor Pro tern Wilburn presiding. Moved and seconded to set a public hearing for May 4, 2004, on an ordinance creating a Self-supporting Municipal Improvement District (SSMID) according to Iowa Code Chapter 386 for downtown Iowa City. The Mayor Pro tem declared the motion carried. Mayor Lehman now presiding. A public hearing was held on an ordinance rezoning approximately 32,000 square feet from Central Business Service Zone (CB-2) to High Density Multi-Family Residential Zone (RM-44) for property located at 302 and 308 South Gilbert Street. Atty. Joe Holland, representing the applicant, appeared. Moved and seconded that the ordinance changing the rezoning designation of approximately 32,000 square feet from Central Business Service Zone (CB-2) to High Density Multi-Family Residential Zone (RM-44) for property located at 302 and 308 South Gilbert Street, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately 24.1 acres from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential Zone (RS-5), subject to conditions, for property located on South Sycamore Street, east of Southpoint Subdivision. Anthony Birnbaum, 163 Stanwyck Dr., appeared. Moved and seconded to continue public hearing to April 20, 2004. The Mayor declared the motion carried. Moved and seconded to defer to April 20 first consideration of an ordinance rezoning approximately 24.1 acres from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential Zone (RS-5), subject to conditions, for property located on South Sycamore Street, east of Southpoint Subdivision. The Mayor declared the motion carried. Moved and seconded to defer indefinitely a resolution approving the final plat of J JR Davis addition, Iowa City, Iowa. The Mayor declared the motion carried. Official Actions Page 4 April 6, 2004 A public hearing was held on an ordinance amending Section 14, Chapter 5, Article A, Building Code, by adopting the International Building Code, 2003 edition, and the International Residential Code, including Appendix F Radon Control Methods, 2003 edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. Dan Smith, Greater Iowa City Home Builders Association, endorsed this and other building amendments on the agenda. Moved and seconded that the ordinance amending Section 14, Chapter 5, Article A, Building Code, by adopting the International Building Code, 2003 edition, and the International Residential Code, including Appendix F Radon Control Methods, 2003 edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first vote. The Mayor declared the motion carried. A public hearing was held on the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2003 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 02-4034 of the City of Iowa City and all other ordinances and parts of the ordinances in conflict therewith. Moved and seconded that the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2003 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 02-4034 of the City of Iowa City and all other ordinances and parts of the ordinances in conflict therewith, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2003 edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations. Moved and seconded that the ordinance amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2003 edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations, be given first vote. The Mayor declared the motion carried. A public hearing was held on amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 2003 edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. Official Actions Page 5 April 6, 2004 Moved and seconded that the ordinance amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 2003 edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Section 14, Chapter 5, Article C, of the Iowa City Code by adopting the 2002 edition of the National Electrical Code including Articles 80 and 90, with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all wiring, fixtures, appliances and appurtenances in connection with various electrical systems; providing for the issuance of permits and inspection of electrical installations and the collection of fees; and providing penalties for violations. Moved and seconded that the ordinance amending Section 14, Chapter 5, Article C, of the Iowa City Code by adopting the 2002 edition of the National Electrical Code including Articles 80 and 90, with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all wiring, fixtures, appliances and appurtenances in connection with various electrical systems; providing for the issuance of permits and inspection of electrical installations and the collection of fees; and providing penalties for violations, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance amending City Code Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Article N entitled "Fuel Gas Code" and adopting the 2003 edition of the International Fuel Gas Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. Moved and seconded that the ordinance amending City Code Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Article N entitled "Fuel Gas Code" and adopting the 2003 edition of the International Fuel Gas Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution declaring the City's intent to proceed with and authorizing the acquisition of property rights for segment A of the Camp Cardinal Road project. Moved and seconded to adopt RES. 04-97, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT. A public hearing was held on a resolution declaring the City's intent to proceed with and authorizing the acquisition of property rights for the South Gilbert Street Improvements project - Napoleon Lane to City Limits. Moved and seconded to adopt RES. 04-98, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT- NAPOLEON LANE TO CITY LIMITS. Moved and seconded to adopt RES. 04-99, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON Official Actions Page 6 April 6, 2004 COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT. 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 as detailed in a memo from the City Attorney dated March 31, and an e-mail to Eric Fisher dated April 5, all as contained in an ordinance distributed at the April 5 work session. Eric Fisher, Iowa Civil Liberties Union, Hawkeye Chapter, appeared. The Mayor declared the motion to amend carried. Original motion amended by mover and seconder to reflect first consideration as amended. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Carol deProsse, Julie Spears, Eric Fisher. The Mayor declared the motion carried. Moved and seconded that the 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 park, on public right- of-way, or on a city ground, excluding city buildings, pursuant to a written agreement with the city, be given second vote. Anne Skinstad, College of public Health, Department of Community and Behavioral Health, appeared. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 04- 4116, AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC", CHAPTER 5, "PARKING METER ZONES AND PARKING LOTS", SECTION 3, "PARKING IN METERED ZONES", TO INCLUDE MULTI-SPACE PARKING METERS OR PAY STATIONS, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the City Code, Title 14, "Unified Development Code, Chapter 1, "Streets, Sidewalks and Public Right of Way," "Article A. Streets, Sidewalks and Public Right of Way generally", Section 14-1A-6, "Maintenance of Public Right of Way", to impose liability on abutting property owners for failure to maintain all public right of way located between the edge of the street or curb line and the property line, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-100, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE DUBUQUE STREET / FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT. Moved and seconded to adopt RES. 04-101, ESTABLISHING THE SCATTERED SITE HOUSING TASK FORCE. Moved and seconded to defer to May 4 a resolution rescinding resolution no. 79-462 and adopting in lieu thereof a new resolution for the establishment of a Senior Center Fund for the management of gifts, memorials, and fundraising revenue to the Iowa City/Johnson County Senior Center. Council Members directed staff to schedule the item for the April 19 work session and have staff and Chair of the Commission available for questions. The Mayor declared the motion carried. Official Actions Page 7 April 6, 2004 Council Member Elliott abstained due to a conflict of interest. Moved and seconded to adopt RES. 04-102, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 4-ACRE PARCEL OF LAND EAST OF IOWA CITY ADJACENT TO LOWER WEST BRANCH ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Moved and seconded to adopt RES. 04-103, APPROVING THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS (EClCOG) REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. Moved and seconded to adopt RES. 04-104, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2004 ASPHALT RESURFAClNG PROJECT. Moved and seconded to adopt RES. 04-105, DIRECTING THE ADVERTISEMENT FOR SALE OF NOT TO EXCEED $5,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A, NOT TO EXCEED $11,395,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004B AND NOT TO EXCEED $16,385,000 SEWER REVENUE REFUNDING BONDS, SERIES 2004, AND APPROVING ELECTRONIC BIDDING PROCEDURES. Moved and seconded to adopt RES. 04-106, AUTHORIZING INDEMNIFICATION FOR PUNITIVE DAMAGES CLAIMED IN A LAWSUIT BROUGHT AGAINST CITY EMPLOYEE DEREK FRANK IN CONNECTION WITH HIS INVESTIGATION OFA CAR ACCIDENT AND SUBSEQUENT ARREST OF AN INDIVIDUAL. Moved and seconded to adopt RES. 04-107, RATIFYING SETTLEMENT OF PENDING LITIGATION. Moved and seconded to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City for a collective bargaining agreement to be effective July 1,2004 through June 30, 2005. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies on Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31, 2008; Charter Review Commission to fill nine vacancies for a one-year term ending May 4, 2005; Historic Preservation Commission (Woodlawn District Representative) to fill a three- year term March 29, 2003 - March 29, 2006; Human Rights Commission to fill an unexpired term ending January 1,2005. Applications must be received by 5:00 p.m., Wednesday, April 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 proclaimed Alcohol Awareness Month, accepted by Anne Skinstad, College of public Health, Department of Community and Behavioral Health. Moved and seconded to adjourn meeting at 8:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk , ¢ Submitted for publication - 4/14/04. 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 - 4/8/04 Iowa City City Council special meeting 4:30 p.m. at City Hall. Mayor Pro tem Wilburn presiding. Council Members present: Bailey, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Champion, Lehman. Moved and seconded to reset a public hearing for May 3, 2004, on an ordinance creating a Self-supporting Municipal Improvement District (SSMID) according to Iowa Code Chapter 386 for downtown Iowa City. Council Member Vanderhoef abstained due to a conflict of interest. The Mayor Pro tem declared the motion carried. Moved and seconded to adjourn special meeting at 4:32 p.m. The Mayor Pro tem declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor Pro tem ~d~ ~,.~ k~.,,¢~ s/Marian K. Karr, City Clerk " Submitted for publication -4/14/04. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE COUNCIL DESCRIPTION OF ACTIVITIES APRIL 5, 2004 Iowa City City Council, special meeting 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Dilkes, Karr, Franklin. Moved by Champion, seconded by Wilburn, to adjourn to executive session to consider a motion to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session at 6:32 p.m. Council returned to open session 6:40 p.m. Moved by O'Donnell, seconded by Bailey, to adjourn the special meeting at 6:41 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Date: April 5, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 5, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Davidson, Rocca Tapes: 04-27 & 04-28, Both Sides (A complete transcription is available in the City Clerk's Office) Majority of Council agreed to add setting a public hearing on the Brooklyn Park Sewer Separation Project to the Consent Calendar. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING A PUBLIC HEARING FOR MAY 4, 2004, ON AN ORDINANCE CREATING A SELF-SUPPORTING MUNICIPAL IMPROVEMENT DISTRICT (SSMID) ACCORDING TO IOWA CODE CHAPTER 386 FOR DOWNTOWN IOWA CITY In response to Council Member Elliott, City Atty. Dilkes stated that three Council Members will be abstaining and the majority to pass would be three of the four remaining members. B. REZONING APPROXIMATELY 32,000 SQUARE FEET FROM CENTRAL BUSINESS SERVICE ZONE (CB-2) TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL ZONE (RM- 44) FOR PROPERTY LOCATED AT 302 AND 308 SOUTH GILBERT STREET. (REZ04- 00o03) C. REZONING APPROXIMATELY 24.1 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON SOUTH SYCAMORE STREET, EAST OF SOUTHPOINT SUBDIVISION. (REZ04-00002) D. RESOLUTION APPROVING THE FINAL PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA (SUB04-00001) PCD Director Franklin requested that the item be deferred indefinitely to address issues related to mortgage lien holders. Council Work Session April 5, 2004 Page 2 COUNCIL LAPTOP USE AND UPGRADE (IP3 of 4/1 Info Packet) City Clerk Karr, Information Technology Services Coordinator Cohn, and City Atty. Dilkes presented information. After discussion Council agreed to discontinue CD distribution for electronic packets and choose either hard copy or access via the City website; requested hard copy packets and written instruction for accessing the internet for a short period of time; upgrade would be scheduled in City Clerk's office and internet wiring done in Harvat Hall; proceed with establishment of stipend for dedicated phone line and supplies; and retain city equipment until July 1. City Atty. Dilkes responded to questions regarding e-mail, City Clerk Karr stated all City provided e-mail addresses will be disseminated by the City. ITS Coordinator Cohn will follow up with issues relatives to past problems with Outlook program. STAFF ACTION: Summary memo will be provided in April 8 information packet, and resolution establishing policy and procedures will be included in April 20 agenda. (Karr) LEAGUE OF WOMEN VOTERS PRESENTATION (IP4 of 4/1 Info Packet) (Regional government committee/emergency dispatch and fire protection) Helen Burford, Pat Cancilla, Carol Spaziani, and Rebecca Wright presented information. Fire Chief Rocca and JCCOG Planner Davidson present for discussion. Public forum is scheduled at the Public Library 7:00 PM on April 21. STAFF ACTION: Scheduled on JCCOG agenda for special meeting May 5. (Davidson) AGENDA ITEMS 1. (Consent Calendar # 4e(4) - Resolution accepting the work .... HVAC and plumbing replacement project) City Clerk Karr stated that staff has requested the item be deleted and deferred indefinitely. 2. (Item # 16 - Ordinance amending Title 10 .... Use of public ways and property" ...) City Atty. Dilkes noted the memo on potential changes included in the agenda packet, and distributed copies of an e-mail response to Eric Fisher on other changes. A revised ordinance containing all the changes was distributed. Majority of Council agreed to proceed with the revisions as presented. 3. (Item # 22 - Resolution .... Senior Center Fund ...) Council Members agreed to defer the resolution indefinitely and schedule for the April 19 work session. 4. (item # 23 - Resolution approving ... purchase of 4 acre parcel ... adjacent to Lower West Branch Road) Council Member Elliott stated he would be abstaining as he is a member of St. Mark's Church. 5. (Item # 19 - Ordinance amending ... Title 14 ... to impose liability ...public right-of-way ... curb line and property line) In response to Council Member Bailey and the question of Council Work Session April 5, 2004 Page 3 plantings in the right-of-way as explained in the Code versus the City Website, the City Atty. will investigate and report back. 6. (Consent Calendar # 4f(2) - correspondence ... commercial loading zone ...) Council Member Elliott noted that vehicles park there much longer than the hours posted, and requested Council discuss the policy of parking in the middle of street all times of the day. 7. (Consent Calendar # 4f(3) - correspondence ... Lexington Avenue traffic calming barricade) Council Member Elliott stated he had concerns regarding blocking a City street. Asst. PCD Director Davidson present for discussion. 8. (Consent Calendar # 4f(12) - correspondence ... Iowa City Alcohol and Bar Committee) Mayor Pro tem Wilburn stated he followed up with the individual with questions on the Committee and directed him to the Student Senate and Stepping Up Coalition, and also updated him on other issues the Committee has researched. 9. (Consent Calendar # 4f(5) - correspondence ... Funding under the CDBG/Home Investments Partnerships Program) Council Member Vanderhoef stated the Council had discussed the matter a year or so earlier and she felt it had been resolved. Staff will follow up. 10. (Consent Calendar # 4f(9) - correspondence - ... College Student researching chain businesses downtown) Council Member Vanderhoef questioned if the original request was missing from the packet. City Clerk Kart noted the original request was at the bottom of the e-mail. APPOINTMENTS None COUNCIL TIME 1. Council Member Champion noted that parkers in the Tower Place ramp can back out of their stalls and go in either direction and the arrows on the floor are faded, she requested staff consider overhead signs informing cars if they are going in the wrong direction. Staff will report back. 2. Council Member Vanderhoef reported on her work with the Transportation and Infrastructure Committee for the National League of Cities and requested the Mayor write a letter to our Congressional delegation encouraging reauthorization of T21 funds. Majority agreed. 3. Council Member Vanderhoef requested questions and/or idea relative to hazardous materials transportation, general aviation security and security of air cargo be forwarded to her for the national committee meeting in June. 4. In response to Council Members Elliott and Bailey, the City Manager reported that City crews would begin street painting and sweeping soon. Council Work Session April 5, 2004 Page 3 plantings in the right-of-way as explained in the Code versus the City Website, the City Atty. will investigate and report back. 6. (Consent Calendar # 4f(2) - correspondence ... commercial loading zone ...) Council Memb~Elliott noted that vehicles park there much longer th/an the hours posted, and requeste~Council discuss the policy of parking in the midd/J/e of street all times of the day. / 7. (Consent C~ndar # 4f(3) - correspondence ... Lexingto)~ Avenue traffic calming barricade) Council Meml~r Elliott stated he had concerns regardir~ blocking a City street. Asst. PCD Director Davidsb,n~ present for discussion. / 8. (Consent Calenda~'~ 4f(12) - correspondence ... Iov~ City Alcohol and Bar Committee) Mayor Pro tem Wilb0r,,n stated he followed up with t~e individual with questions on the Committee and directe~ him to the Student Senate/and Stepping Up Coalition, and also updated him on other isles the Committee has r/6searched. / 9. (Consent Calendar # 4f(5) -~orrespondence .../Funding under the CDBG/Home Investments Partnerships Prbt~lram) Council I~ember Vanderhoef stated the Council had discussed the matter a year oreo earlier and/she felt it had been resolved. Staff will follow up. ~ , / 10. (Consent Calendar # 4f(9) - corre~PondeB~;e - ...College Student researching chain businesses downtown) Council Mere questioned if the original re.quest ~as missing from the packet. City Clerk noted the original request was at th~...~oble~g:~f the e-mail. ----- APPOINTMENTS None COUNCIL TIME 1. Council Member Champ noted that Ihe Tower Place ramp can back out of their stalls and go in either d and the he floor are faded, she requested staff consider overhead si, informing cars if they oing in the wrong direction. Staff will report back. 2. Council Meml ~ported the Transportation and Infrastructure Committee for th, League of Cities and the Mayor write a letter to our Congressional, ation encouraging reauthorization f T21 funds. Majority agreed. 3. Council Meml :luested dea relative to hazardous general aviation security and Jrity of air cargo be forwarded to her for the ~ committee meeting in June. 4. In response to Council Members EIliott and Bailey, the City Manager reported that City crews would begin street painting and sweeping soon. Council Work Session April 5, 2004 Page 4 5. Mayor Pro tem Wilburn stated he would be attending a cross training on the multiyear youth development grant with other cities and counties, and would mention he was serving a dual role. SCHEDULING OF SPECIAL WORK SESSIONS (IP2 of 4/1 Info Packet) Council Member Vanderhoef suggested adding a discussion of employee benefits/salaries and traffic calming review to the list provided by Council Member Elliott. Council Member Champion suggested Council Members use the list provided by Council Member Elliott and rank the items, provide the ranked list to the City Clerk for compiling results and report back to Council. Any item with four votes or more could then be scheduled at upcoming work sessions. Council Member Wilburn requested more detail be provided prior to ranking. Council Member O'Donnell suggested downtown zoning might be an item for discussion. Majority agreed to schedule evaluations of the City Manager, City Attorney, and City Clerk for Friday, May 14, at 8:30 AM. Meeting adjourned 9:10 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 APRIL 6, 2004 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Hennes, Jensen, Knoche. Council minutes tape recorded on Tape 04-29, Side 2; Tape 04-30, Both Sides. The Mayor proclaimed: Week of the Young Child, Katie Klefstad accepting; Fair Housing Month, Krista Bowersox, (Des Moines HUD office) accepting; Head and Neck Cancer Awareness Week, Dr. Russell Smith, Dept. of Otolaryngology, accepting; National Medical Laboratory Week, Beth Hochstedler, Training Coordinator at UIHC Labs accepting; Crime Victims' Week; Public Access Television Week, Carrie Watson, Board Member accepting; Sexual Assault Awareness Month, Karen Slier, Johnson County Services Coordinator accepting; Alcohol Awareness Month, presented after Item No. 28 at the end of meeting. The Mayor presented Outstanding Student Citizenship awards to Grant Wood Elementary student: Kyven Gadson; and Longfellow Elementary students: Chelsea Davis Breanne Hugh, Graham Rowden. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as amended and to remove Item 4f(1) from Consent Calendar: Memo from Traffic Engineering Planner regarding relocation of Iowa City Transit bus stop for separate consideration; delete Item No. 4e(4) resolution accepting the work for the Recreation and Civic Center HVAC and Plumbing Replacement Project; and to add item 4d(2) resolution setting a public hearing, on Plans, Specifications, Form of Contract, and Estimate of Cost for the construction of the Brookland Park Sewer Separation Project: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. March 15, Regular Work Session; March 16, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Human Rights Commission - January 27, 2004; Parks and Recreation Commission - February 11, 2004 Recommendation: City Council name the Miller/Orchard parkland "Benton Hill Park". Board of Adjustment- February 11,2004; Airport Commission - February 12, 2004; Senior Center Commission - February 17, 2004 Recommendation: The Iowa City Council approve the Articles and by- laws creating the Iowa City Seniors Fund and to amend the Gift Fund Resolution to allow gift fund money to be used as a start-up donation to the Iowa City Seniors Fund. It was a unanimous vote in favor of the motion. The idea has been discussed at several of the last Commission meetings--so the topic is included in the minutes from the past several months. [See item 22 on this agenda] Housing and Community Development- February 18, 2004; Housing and Community Development- February 19, 2004; Public Library- February 19, 2004; Airport Complete Description Page 2 April 6, 2004 Commission - February 20, 2004; Telecommunications Commission - February 23, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for General Japanese Restaurant, Inc., dba General Japanese Restaurant, Inc., 1853 Lower Muscatine Rd. Renewal: Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Class C Liquor License for Sports Column Corp. dba Sports Column, 12 S. Dubuque St.; Class C Liquor License for Kitty Hawk Co., dba Kitty Hawk, 1012 Gilbert Ct.; Class C Liquor License for Ambiance LLC, dba Lark Restaurant, 1069 Hwy 1 West; Class C Liquor License for Lodog, Inc., dba Airliner, 22 S. Clinton St. [See memo from Johnson County Attorney included in packet]; Class C Liquor License for First Avenue Club, Inc., dba First Avenue Club, 1550 S. First Ave.; Class C Liquor License for lC Lodge #590 BPO Elks of USA dba BPO Elk's #590, 637 Foster Road; Special Class C Liquor License for Little Donkey's, Inc., dba Panchero's, 32 S. Clinton St.; Class B Beer Permit for M & T Investments, Inc., dba Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. RES. 04-89, TO ISSUE DANCE PERMIT to First Avenue Club, Inc., dba First Avenue Club, 1550 S. First Ave. Setting Public Hearings: RES. 04-90, SETTING A PUBLIC HEARING FOR APRIL 20, 2004 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO DECREASE OR CHANGE THE RATES FOR FEES AND CHARGES FOR WATER SERVICE CHARGES. RES. 04-91, SETTING A PUBLIC HEARING for April 20, 2004 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 04-92, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SYNCHRONIZATION MASTER LICENSE AGREEMENT WITH RED HOUSE RECORDS, INC. TO PERMIT THE CABLE DIVISION TO USE PORTIONS OF SOUND RECORDINGS AND COMPOSITIONS IN CONNECTION WITH THE DIVISION'S AVATAR PROJECT. RES. 04-93, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE DUBUQUE STREET / FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT (STP-U-3715(625)--70- 52). RES. 04-94, 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 19 REGAL LANE, IOWA CITY, IOWA. RES. 04-95, 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 IOWA STATE BANK & TRUST CO., AND ICBB LTD. d/b/a IOWA CITY BROWN BOTTLE, FOR A SIDEWALK CAFI~. RES. 04-96, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSULTING AGREEMENT WITH RICE, WILLIAMS ASSOCIATES, INC. Complete Description Page 3 April 6, 2004 Correspondence: JCCOG Traffic Engineering Planner regarding Modifying All Commercial Vehicle Loading Zones or Loading Zones in the Central Business District to COMMERCIAL VEHICLE/LOADING ZONE 30 MIN LIMIT 8 AM- 5 PM, NO PARKING 2 AM - 6 AM TOW AWAY ZONE [List of locations attached to memo]; JCCOG Traffic Engineering Planner regarding Lexington Avenue Traffic Calming Barricade; Charles J. Conrad regarding J.D. Power and Associates 2004 Electric Utility Business Customer Satisfaction Study; Mark Patton regarding Funding under the CDBG/HOME Investments Partnerships Program; Alison Wemer Smith regarding Query on Corrective Resolution [Staff response included]; Benton Hill Park from Anna Buss, Mary Knudson [Staff response included]; Michelle Hankes regarding Requesting that Block Grant Funds be Awarded in the Form of a Grant; Kortny Williamson regarding: College Student Researching Chain Businesses Downtown [Staff Response Included]; Saul Mekies and Carol Spaziani regarding Vote on Iowa City Light and Power; Pla Broccard regarding Thank you to Iowa City Fire Dept #2 [Staff response included]; Matthew Thatcher regarding Iowa City Alcohol and Bar Committee [Staff response included]; Betsy Riesz regarding Transportation Service for Sarah Riesz; Darin Swartzendruber regarding Who is the head of Iowa City's Government? [Staff response included]; Inaugural Issue - The United States Interagency Council on Homelessness e-newsletter. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Elliott, to accept item 4f(1) removed from the Consent Calendar, Memo from Traffic Engineering Planner regarding relocation of Iowa City Transit bus stop. Matthew Fazen, 614 N. Linn St., presented information. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Elliott, to defer the item until the April 20 meeting. The Mayor declared the motion to defer carried unanimously, 7/0, all Council Members present. Caroline Dieterle, 727 Walnut St., appeared regarding the timing of the walk lights on Burlington Street. Staff will report back. Council Members Champion, Lehman, Vanderhoef stated they would be abstaining due to a conflict of interest for the next item. Mayor Pro tern Wilburn presiding. Moved by Wilburn, seconded by Bailey, to set a public hearing for May 4, 2004, on an ordinance creating a Self-supporting Municipal Improvement District (SSMID) according to Iowa Code Chapter 386 for downtown Iowa City. The Mayor Pro rem declared the motion carried unanimously, 4/0, with Vanderhoef, Champion, Lehman abstaining. Mayor Lehman now presiding. A public hearing was held on an ordinance rezoning approximately 32,000 square feet from Central Business Service Zone (CB-2) to High Density Multi-Family Residential Zone (RM-44) for property located at 302 and 308 South Gilbert Street. Atty. Joe Holland, representing the applicant, appeared. Moved by O'Donnell, seconded by Champion, that the ordinance changing the rezoning designation of approximately 32,000 square feet from Central Business Service Zone (CB-2) to High Density Multi-Family Residential Zone (RM-44) for property located at 302 and 308 South Gilbert Street, 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 24.1 acres from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential Zone (RS-5), subject to conditions, for property located on South Sycamore Street, east of Complete Description Page 4 April 6, 2004 Southpoint Subdivision. Anthony Birnbaum, 163 Stanwyck Dr., appeared. PCD Director Franklin stated the conditional agreement had not be signed and the public hearing would have to be continued. Moved by Vanderhoef, seconded by Bailey, to continue public hearing to April 20, 2004. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Elliott, to defer to April 20 first consideration of an ordinance rezoning approximately 24.1 acres from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential Zone (RS-5), subject to conditions, for property located on South Sycamore Street, east of Southpoint Subdivision. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to defer indefinitely a resolution approving the final 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 an ordinance amending Section 14, Chapter 5, Ar-[icle A, Building Code, by adopting the International Building Code, 2003 edition, and the International Residential Code, including Appendix F Radon Control Methods, 2003 edition, published by the International Code Council and providing for cer[ain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. Dan Smith, Greater Iowa City Home Builders Association, endorsed this and other building amendments on the agenda. Moved by Champion, seconded by Vanderhoef, that the ordinance amending Section 14, Chapter 5, Ar[icle A, Building Code, by adopting the International Building Code, 2003 edition, and the International Residential Code, including Appendix F Radon Control Methods, 2003 edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, 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 the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2003 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 02-4034 of the City of Iowa City and all other ordinances and parts of the ordinances in conflict therewith. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2003 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 02-4034 of the City of Iowa City and all other ordinances and parts of the ordinances in conflict therewith, be given first vote. Sr. Building Inspector Hermes and Fire Marshal Jensen present for discussion. 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 amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2003 edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the Complete Description Page 5 April 6, 2004 installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations. No one appeared. Moved by O'Donnell, seconded by Elliott, that the ordinance amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2003 edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations, 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 amending Section '14, Chapter 5, Article D, Mechanical Code, by adopting the 2003 edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one appeared. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 2003 edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, 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 amending Section 14, Chapter 5, Article C, of the Iowa City Code by adopting the 2002 edition of the National Electrical Code including Articles 80 and 90, with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all wiring, fixtures, appliances and appurtenances in connection with various electrical systems; providing for the issuance of permits and inspection of electrical installations and the collection of fees; and providing penalties for violations. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Section 14, Chapter 5, Article C, of the Iowa City Code by adopting the 2002 edition of the National Electrical Code including Articles 80 and 90, with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all wiring, fixtures, appliances and appurtenances in connection with various electrical systems; providing for the issuance of permits and inspection of electrical installations and the collection of fees; and providing penalties for violations, 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 amending City Code Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Article N entitled "Fuel Gas Code" and adopting the 2003 edition of the International Fuel Gas Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending City Code Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Article N entitled "Fuel Gas Code" and adopting the 2003 edition of the Complete Description Page 6 April 6, 2004 International Fuel Gas Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, 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 a resolution declaring the City's intent to proceed with and authorizing the acquisition of property rights for segment A of the Camp Cardinal Road project. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-97, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution declaring the City's intent to proceed with and authorizing the acquisition of property rights for the South Gilbert Street Improvements project - Napoleon Lane to City Limits. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-98, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT - NAPOLEON LANE TO CITY LIMITS. City Engr. Knoche present for discussion. 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. 04~99, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, 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. Moved by Bailey, seconded by Wilburn, to amend the ordinance as detailed in a memo from the City Attorney dated March 31, and an e-mail to Eric Fisher dated April 5, all as contained in an ordinance distributed at the April 5 work session. Eric Fisher, Iowa Civil Liberties Union, Hawkeye Chapter, appeared. Individual Council Members expressed their views. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Original motion amended by mover and seconder to reflect first consideration as amended. Affirmative roll call vote unanimous on first consideration as amended, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from Carol deProsse, Julie Spears, Eric Fisher. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, that the 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 Complete Description Page 7 April 6, 2004 city park, on public right-of-way, or on a city ground, excluding city buildings, pursuant to a written agreement with the city, be given second vote. Anne Skinstad, College of public Health, Department of Community and Behavioral Health, appeared. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Lehman. Absent: None. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 04-4116, AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC", CHAPTER 5, "PARKING METER ZONES AND PARKING LOTS", SECTION 3, "PARKING IN METERED ZONES", TO INCLUDE MULTI-SPACE PARKING METERS OR PAY STATIONS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending the City Code, Title 14, "Unified Development Code, Chapter 1, "Streets, Sidewalks and Public Right of Way," "Article A. Streets, Sidewalks and Public Right of Way generally", Section 14-1A-6, "Maintenance of Public Right of Way", to impose liability on abutting property owners for failure to maintain all public right of way located between the edge of the street or curb line and the property line, 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 Vanderhoef, seconded by O'Donnell, to adopt RES. 04-100, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE DUBUQUE STREET / FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT. City Engr. Knoche present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Elliott, seconded by Champion, to adopt RES. 04-101, ESTABLISHING THE SCATTERED SITE HOUSING TASK FORCE. 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 May 4 a resolution rescinding resolution no. 79-462 and adopting in lieu thereof a new resolution for the establishment of a Senior Center Fund for the management of gifts, memorials, and fundraising revenue to the Iowa City/Johnson County Senior Center. Council Members directed staff to schedule the item for the April 19 work session and have staff and Chair of the Commission available for questions. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Elliott abstained due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, to adopt RES. 04-102, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 4-ACRE PARCEL OF LAND EAST OF IOWA CITY ADJACENT TO LOWER WEST BRANCH ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Elliott abstaining. The Mayor declared the resolution adopted. Complete Description Page 8 April 6, 2004 Moved by Champion, seconded by Wilburn, to adopt RES. 04-103, APPROVING THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS (ECICOG) REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. Individual Council Members expressed their views. Staff will provide a list of pending projects relative to the plan. 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. 04-104, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT to L.L. Pelling Co., Inc., for $ 369,000.00. City Engr. Knoche present for discussion. 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. 04-105, DIRECTING THE ADVERTISEMENT FOR SALE OF NOT TO EXCEED $5,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A, NOT TO EXCEED $11,395,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004B AND NOT TO EXCEED $16,385,000 SEWER REVENUE REFUNDING BONDS, 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 Elliott, to adopt RES. 04-106, AUTHORIZING INDEMNIFICATION FOR PUNITIVE DAMAGES CLAIMED IN A LAWSUIT BROUGHT AGAINST CITY EMPLOYEE DEREK FRANK IN CONNECTION WITH HIS INVESTIGATION OF A CAR ACCIDENT AND SUBSEQUENT ARREST OF AN INDIVIDUAL. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-107, RATIFYING SETTLEMENT OF PENDING LITIGATION, Caroline Bennett and George E. Bennett for $90,000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City for a collective bargaining agreement to be effective July 1,2004 through June 30, 2005. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies on Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31, 2008; Charter Review Commission to fill nine vacancies for a one-year term ending May 4, 2005; Historic Preservation Commission (Woodlawn District Representative) to fill a three- year term March 29, 2003 - March 29, 2006; Human Rights Commission to fill an unexpired term ending January 1,2005. Applications must be received by 5:00 p.m., Wednesday, April 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 proclaimed Alcohol Awareness Month, accepted by Anne Skinstad, College of public Health, Department of Community and Behavioral Health. Council Member Elliott read an excerpt from the Human Rights Commission minutes of February 24 which quoted Commissioner Paul Retish "...we may need a more balanced commission, including those who don't view things as we do...We would make progress if we Complete Description Page 9 April 6, 2004 knew what other people are thinking and they might have more impact on change"; and reported it was a happy day on Dover Street when a husband and father returned home from Iraq. Council Member Champion requested that as a matter of policy that when tentative agreements and/or collective bargaining agreements are brought before Council that Council be given the total cost per employee per year, noting the benefit package is good. The City Manager stated staff is prepared to present information when a schedule is decided upon. Council Member O'Donnell followed up on remarks made by Council Elliott and stated it was a happy day for the entire county with the return of the 109t~ from Iraq, and reported on the welcome home event at Coral Ridge Ice Rink. Council Member Vanderhoef reported on the inauguration of the new Student Senate President Lindsay Schutte and Vice President Jason Shore she and fellow Council Member Elliott attended; and complimented outgoing President Nate Green and Vice President May Rose Wagman on their accomplishments. Council Member Bailey asked the City to keep in mind pedestrian or bike routes as the City develops the area north of 1-80. Mayor Lehman expressed his appreciation to outgoing UISG President Nate Green, stating he enjoyed working with him on various issues, and he also looked forward to meeting and working with Lindsay; and welcomed home to City employees returning as members of the 109TM from Iraq. Moved by O'Donnell, seconded by Wilburn, to adjourn meeting at 8:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 8, 2004 Iowa City City Council special meeting 4:30 p.m. at City Hall. Mayor Pro tem Wilburn presiding. Council Members present: Bailey, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Champion, Lehman. Staff members present: Atkins, Helling, Karr. Council minutes tape recorded on Tape 04-31, Side 1. Moved by Bailey, seconded by O'Donnell, to reset a public hearing for May 3, 2004, on an ordinance creating a Self-supporting Municipal Improvement District (SSMID) according to Iowa Code Chapter 386 for downtown Iowa City. Council Member Vanderhoef abstained due to a conflict of interest. The Mayor Pro tern declared the motion carried unanimously, 4/0, Vanderhoef abstaining, Champion, Lehman, absent. The Mayor Pro rem declared the motion carried. Moved by Elliott, seconded by Vanderhoef, to adjourn special meeting at 4:32 p.m. The Mayor Pro tem declared the motion carried unanimously, 5/0, Champion, Lehman absent. Ross Wilburn, Mayor Pro tem Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/8/04 Iowa C~'~/City Council special meeting 4:30 p.m. at City Hzrem Wilburn presidin'g~ Council Members present: Bailey, EIliott, O'[Vanderhoef, Wilburn. Absent: Champion, Lehman. Moved and seconded to reset a public hearing for 3, 2004, on an ordinance creating a Self-suppo~Jng Municipal Improvement Distri~ SSMID) according to Iowa Code Chapter 386 for dQwntown Iowa City. Council M Vanderhoef abstained due to a conflict of interest. The Mayor Pro rem declared motion carried. Moved and seconded to adjourn special m, at 4:32 p.m. The Mayor Pro rem declared the motion carried.~.. A more complete descr~pbon of Council in the office of the City Clerk. \ s/Ernest W. Lehman, Ma s/Marian K. Kart, City Clerk Submitted for publication - 4/14/04.