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HomeMy WebLinkAbout2004-12-07 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 DECEMBER 7, 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, Briggs, Rackis, Franklin, McCafferty, Nasby. Council minutes tape recorded on Tape 04-70, Sides 1 & 2. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Emily Kreiter, Kap Mueller, Megan Wiechert. Moved by Bailey, seconded by Champion, to move up agenda Items 6, 7, and 8, authorizing conveyances of properties and consider at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution authorizing conveyance of a single family home located at 718 Highland Avenue to a public housing program tenant. No one appeared. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 04-322, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 718 HIGHLAND AVENUE TO A PUBLIC HOUSING PROGRAM TENANT. 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 authorizing conveyance of a single family home located at 1508 Dover Street to a public housing program tenant. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 04-323, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1508 DOVER STREET TO A PUBLIC HOUSING PROGRAM TENANT. 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 authorizing conveyance of a single family home located at 2614 Indigo Court to a public housing program tenant. No one appeared. Moved by O'Donnell, seconded by Bailey, to adopt RES. 04-324, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2614 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor presented certificates to the new owners and loaning institutions. Moved by Champion, seconded by Bailey that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended by deleting from the Consent Calendar Item 3g(1), Memo from JCCOG Traffic Engineering Planning regarding Brookland Park Place: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. November 15, Regular Council Work Session; November 16, Regular Council Formal. Complete Description December 7, 2004 Page 2 Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Human Rights Commission - July 27, 2004; Human Rights Commission - August 24, 2004; Human Rights Commission - September 28, 2004; Historic Preservation Commission - September 23, 2004; Board of Adjustment - October 13, 2004; Historic Preservation Commission - October 14, 2004; Iowa City Airport Commission - October 14, 2004; Senior Center Commission - October 19, 2004; Housing and Community Development Commission - October 21,2004; Public Library Board of Trustees - October 28, 2004; Charter Review Commission - November 8, 2004; Charter Review Commission - November 16, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St.; Class C Liquor License for Iowa City Group, LLC, dba Piano Lounge, 217 Iowa Ave.; Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St.; Class C Liquor License for Hanrahan, Inc., dba Hanrahan's Pub, 210 N. Linn St.; Class C Liquor License for Jamis, LLC, dba Ground Round Restaurant, 830 S. Riverside Dr.; Class C Liquor License for Gabe's, Inc., dba Gabe's, 330 E. Washington St.; Outdoor Service Area for Gabe's, Inc., dba Gabe's, 330 E. Washington St.; Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St.; Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #6, 1525 S. Gilbert St. RES. 04-325, TO ISSUE DANCE PERMIT for Gabe's, Inc., dba Gabe's, 330 E. Washington St.; Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront. Motions: approve disbursements in the amount of $9,859,407.14 for the period of October 1 through October 31,2004 as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 04-326, SETTING A PUBLIC HEARING FOR JANUARY 4, 2005 ON PLANS, SPECIFICATIONS, FORM OF C©NTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER TREATMENT PLANT ARCHITECTURAL PRECAST REPAIRS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-327 SETTING A PUBLIC HEARING for January 4, 2005, ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENTS - NAPOLEON LANE TO CITY LIMITS 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. 04-328, ACCEPTING THE WORK FOR THE INSTALLATION OF A NEW LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #1. RES. 04-329, APPROVING THE ACCEPTANCE OF THE DEDICATION OF JOHNSON COUNTY AUDITOR'S PARCEL 2002-061, A 0.91 ACRE PARCEL WITHIN LOT 25, WEEBER'S THIRD ADDITION, IOWA CITY, IOWA, Complete Description December 7, 2004 Page 3 AS PUBLIC OPEN SPACE. RES. 04-330, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 510 SOUTH GOVERNOR STREET, IOWA CITY, IOWA. RES. 04-331, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 939 DEWEY STREET, IOWA CITY, IOWA. RES. 04-332, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A REAFFIRMATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ROBERT H. PECK AND DEBBIE S. SCOVILL-PECK FOR THE PROPERTY LOCATED AT 1417 FRANKLIN STREET, IOWA CITY, IOWA. RES. 04-333, ACCEPTING THE DEDICATION OF OUTLOT J TO THE CITY OF IOWA CITY AS PLATTED IN WINDSOR RIDGE PART TWELVE, IOWA CITY, IOWA AND DECLARING THE AREA OPEN FOR PUBLIC USE. RES. 04-334, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PRIVATE COMMON DRIVE, PUBLIC UTILITY, STORMSEWER AND DRAINAGE EASEMENT LOCATED ON OUTLOT 8 AND OUTLOT F, REPLAT OF PENINSULA NEIGHBORHOOD, FIRST ADDITION, IOWA CITY, IOWA AND TO APPROVE AND EXECUTE A SUBSTITUTED PUBLIC UTILITY, STORMSEWER AND DRAINAGE EASEMENT AGREEMENT FOR THE SAME PROPERTY. RES. 04-335, APPROVING OF A NOTICE OF USE RESTRICTION FOR THE WATERWORKS PARK PRAIRIE RESTORATION. Correspondence: JCCOG Traffic Engineering Planner regarding change NO PARKING 8 AM to 6 PM MON-FRI to NO PARKING ANY TIME signs on the south side of Brookland Park Drive (Deferred from 11/16/04) [Memo in information packet]; Brookland Park Drive letters from Paul Diehl, Joe Manriquez, Eric Parker, Ryan Parnell, Dedra and Paul Diehl, Paul Leonard, Jean Walker; Alcohol Issues letters from Tom Newbrough, Kelly O'Brien [staff response included], Justin Piggott, Ethan Tone; RA Powell - MCI [Staff response included]; Bill Mitchell regarding Iowa City Gas Prices; Parking Issues letters from Nicholas Gries, James Hilton; Greg Buchanan regarding Smoking Ban in Bars; Sara Nelson regarding Combine City and County Governments; Chesca Colloredo-Mansfeld regarding Crosswalk on River [Staff response included]; Jean Walker regarding Mountain Lions; Chris Bushman regarding Mayor's Youth Empowerment Program Holiday Dinner; James Surratt regarding herald.com 11/27/04 For seniors, bus will stop near home. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to adopt Item 3g(1), to change No Parking 8 a.m. to 6 p.m. MON-FRI to No Parking Any Time signs on the south side of Brookland Park Drive. The Mayor declared the motion defeated, 0/7, all Council Members present. Mayor Lehman stated a compromise had been recommended by the neighbors and will be presented to the Council for action at their meeting January 4. Complete Description December 7, 2004 Page 4 Chuck Goldberg, 3146 Hastings Ave., and Leah Cohen, 1638 Teg Drive, updated Council on activities of the Iowa City Alcohol Advisory Board (ICAAB). Moved by Wilburn, seconded by Bailey, to accept correspondence from Goldberg and Cohen. The Mayor declared the motion carried, 7/0, all Council Members present. Commission Member Lori Benz, 2012 Dunlap Ct., updated Council on activities at the Senior Center. A public hearing was held on an ordinance changing the zoning designation from Medium Density Single Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12), to Medium Density Single Family Residential/Historic Preservation overlay (RS-8/OHP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/OHP) to designate the Gilbert-Linn Street Historic District. The following individuals appeared: Michael Maharry, 903 E. College St., Historic Preservation Commission Chair; John Shaw, 437 S. Summit St.; Jamie Powers, 1029 Bowery St.; Jill Gaulding, 225 E. Davenport St.; Atty. Dennis Mitchell, 122 S. Linn St., representing H&G; Wally Plahutnik, 430 N. Gilbert St.; Victoria Walton, 430 N. Gilbert St.; Tim Barrett, 1302 Ginter Ave.; John Rapson, 715 N. Johnson St.; Judith Pascoe, 311 N. Linn St., Iowa City Friends Meeting; Jackie Blank, 830 Rider St.; Tim Walker, 621 N. Johnson St.; Pat Eckhardt, 514 N,. Linn St.; Jan Palmer, 803 Bowery St.; Michelle Higley, 414 N. Gilbert St.; Tim Toomey, 526 N. Linn St.; Sarah Buss Paulson, 426 N. Linn St.; Nichole Slabach, 411 N. Linn St.; Phil Launspach, 200 block of Davenport St.; Chris Offut, 309 Church St.; Tom Kane, 420 Ronalds St.; Sue Futrell, 311 Fairchild St.; Jim Buxton, 1811 Muscatine Ave.; William Lake, 1912 Flatiron Ave., and property owner 404 and 404 1/2 E. Davenport St.; and Walter Kopsa, 320 and 324 Davenport St. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Jean Daters, Tim Weitzel, Carol DeSaint Victor (2), Candace Smith and Adam Witte, Julia and William Leupold, Carolyn and Benjamin Barrientes, Elsie Kuhn, James Pohl, Joel Schintler, Helen Burford, Joseph Dobrian, Scott Ramspott, Matthew Lepic, Jeffrey Dill, James Brenneman, Melvin Roth, Shirley Harman-Harrison, Bruce and Lisa Brechtel, Eugene Fisher, Mark Hamer, Michael Hodge, Dorothy Persson, Mary and Scott Palmberg, Nichole Slabach, Greg Allen, Mr. And Mrs. Hubert Rummelhart, Frank Person, Dwight Dobberstein, Peter Ammentorp, Mike Cooper, John & Kayla Cress, James and Loretta Clark, William Lake, John Alberhasky, Vy Nguyen, Waltraud Maierhoefer (2), Donna Launspach John Nelson, Greg Hassman, Tim Finer, Kerry McGrath (2), Lowell Soike, Ralph Christian, Michael Lensing, Catherine Macgillivary, MacSullivray, Meredith Sewell (2), Victoria Walton and Wally Plahutnik, Tim Holman, Emily Benz, Jamie McGonegle, Amanda Kimber, Melissa McRyl, Carol Bamiats, Nancy Hauserman, Paula Brandt (2), Lowell, Brandt, Pat Roberts, Kim Ewert, James Buxton (2), Jill Gaulding, Don Stumbo (2), Lisa Collier and Ed Ramano, Marcy Rosenbaum, Kip Pohl, John Bakas, Lisa Koizumi, Susan Futrell and Will Jennings (2), Krista Goldberry, Sarah Buss and Henry Paulson (2), Wendell Miller, Walter Kopsa, Renetta Webster, Harry Hinckley, Thomas Kane, Martha Milani, Ren6e Schlueter, Melissa Murphy, Claire Sponsler, Loren Deetz, Wendy Scholz, John Bauserman, Marc Light, Thomas McNalley, Julianne McNalley, D.M. O'Brien, Patricia Eckhardt, Clarence Haverkamp, Tama Baldwin, John Mann, Victoria Walton and Wally Plahutnik, Jill Gaulding, Steve and Barbara vanderWoude, Neighborhood Council of Iowa City, Jim Ponto, Barbara Buss, Amy Kolen, Will Complete Description December 7, 2004 Page 5 Thomson, Chris Offutt, Robert Comell, Sarah Snydacker, Evelyn Dias, Cinda Tallent. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, that the ordinance changing the zoning designation from Medium Density Single Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12), to Medium Density Single Family Residential/Historic Preservation Overlay (RS-8/OHP)and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/OHP) to designate the Gilbert-Linn Street Historic District, be given first consideration. Individual Council Members expressed their views. Mayor Lehman noted the council policy to offer a consult to the Planning & Zoning Commission if the Council would not be voting consistent with their recommendation. Moved by Vanderhoef, seconded by O'Donnell, to defer consideration to the January 4 Council meeting, at which time or during the interim Council will meet with the Commission. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, 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. 04-4147, CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) AND NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC~12) TO MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL/HISTORIC PRESERVATION OVERLAY (RS-8/OHP) AND NEIGHBORHOOD CONSERVATION RESIDENTIAL/HISTORIC PRESERVATION OVERLAY (RNC-12/OHP) TO DESIGNATE THE RONALDS STREET EXTENSION OF THE BROWN STREET HISTORIC DISTRICT, be voted on for final passage at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, 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 Wilburn, that the ordinance approving an amended planned development housing (OPDH-5) plan for Village Green Part XX, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Pro tern Wilburn left the room due to a conflict of interest. A public hearing was held on a resolution adopting Iowa City's Consolidated Plan, known as City Steps, for 2006-2010, authorizing the City Manager to submit said plan, technical corrections and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized chief executive officer for the Consolidated Plan. (a.k.a. City Steps). The following individuals appeared: Patti Santangalo, 3035 Sanford Ave.; and Garry Klein, 628 2® Ave. Moved by Elliott, seconded by Vanderhoef, to accept correspondence from Maryann Dennis and Charles Eastham. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 04-336, ADOPTING IOWA CITY'S CONSOLIDATED PLAN, KNOWN AS CITY STEPS, FOR 2006-2010, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN, TECHNICAL CORRECTIONS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN Complete Description December 7, 2004 Page 6 DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. (a.k.a. CITY STEPS). Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor declared the resolution adopted. Mayor Pro rem Wilbum returned to the meeting. Moved by Champion, seconded by Wilburn, to adopt RES. 04-337, APPROVING THE 2004-2005 DEER MANAGEMENT PLAN FOR IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council Members present. Individual Council Members expressed their views. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 04-338, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 04-339, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND EARTH TECH, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MCCOLLISTER BOULEVARD PROJECT, PHASE I. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to make the following appointments to Boards and Commissions: appoint Dennis Keitel, 1696 Ridge Road, to the Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31,2008; appoint Sara Baird, 1202 Arthur Street, Scott King, 2003 E. Court Street, and reappoint Beverly Witwer, 23 Warwick Circle to the Human Rights Commission to fill three three-year terms January 1, 2005 - January 1, 2008; appoint Emily Carter-Walsh, 1209 Seymour Avenue and Emily Martin, 742 S. 7th Avenue, to the Public Art Advisory Committee to fill two appointments (One for Art or Design Professional) for three-year terms January 1,2005 - January 1, 2008. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Scott King and Emily Martin. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the vacancies on the Airpor-[ Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006 and Board of Adjustment to fill a five-year term January 1, 2005 -January 1, 2010, will be readvertised. [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 noted the previous announced vacancy on the Historic Preservation Commission to fill an unexpired term ending March 29, 2007. Applications must be received by 5:00 p.m., Wednesday, January 12, 2005. Council Member Bailey congratulated Hands Jewelers on their 150th anniversary; and reported she and Council Member Elliott had met with Senior Center and County representatives on the 28E agreement and that they had agreed to wait until after the first of Complete Description December 7, 2004 Page 7 the year for further discussion of the issue; and asked for Council consideration of a special work session to discuss legislative priorities. Majority agreed to schedule a special work session for 8:00 AM on Tuesday, December 14. In response to Council Member Vanderhoef the City Atty. stated the offer to consult with Planning & Zoning on the Gilbert-Linn matter will be discussed by the Commission at their meeting on the 16th and they do have the option to decline. City Clerk Karr stated if the Commission wishes to meet with Council that could be scheduled at the January 3 Council work session. Mayor Pro tem Wilburn reminded citizens of the "Project Holiday" event sponsored by Salvation Army, Crisis Center, Visiting Nurses Association, and Elder Services on December 21 and 22; reported he had a good time at the Association of Retired Persons holiday gathering and noted they had collected items for the Crisis Center and Heritage Agency; congratulated Council Members Elliott and Bailey on completing their first twelve months on the City Council; and wished everyone Happy Holidays. Council Member Vanderhoef echoed sentiments for the holiday season, and the new year. Council Member Champion noted the opening of the Englert Theater, stating the City had been paid back and the facility is beautiful. Council Member Elliott noted that two leading financial institutions in the Iowa City/Cedar Rapids area have done expansions and that both were held up with electronic signs; and asked Council to assist them and make the procedure more efficient. The City Manager stated the item was going to the Planning & Zoning Commission in January. Elliott wished everyone Happy Holidays. Mayor Lehman sent holiday greetings to everyone, and reminded everyone of the opportunity to watch the Iowa Hawkeyes play in another January 1 bowl game. City Manager Atkins echoed holiday greetings. Moved by Vanderhoef, seconded by Elliott, to adjourn meeting at 9:25 p.m. The Mayor dec la red the motion carried unanimously, 7/0, a~/_~ b e,,~r~~ Ernest W. Lehman, Mayor Ma~an K. Karr, City Clerk I ~ 1 CITY OF IOWA CITy.GIT: ~~~"';¡¡~!t ~~W!: MEMORANDUM ~... ...l1li." .......~ Date: November 15, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 15, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Champion Staff: Atkins, Helling, Dilkes, Karr, Franklin, Severson, Davidson Tapes: 04-65, Both Sides (A complete transcription is available in the City Clerk's Office) AGENDA ADDITION Majority agreed to add a resolution (item # 15b) authorizing and providing for the issuance of not to exceed $7,000,000 aggregate principal amount of a senior housing facilities revenue bond to Oaknoll. RAPE VICTIM ADVOCACY PROGRAM Executive Director Karla Miller presented information. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING A PUBLIC HEARING FOR DECEMBER 7 ON AN ORDINANCE TO CHANGE THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) AND NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC-12), TO MEDIUM DENSITY SINGLE FAMILY RESIDENTIAUHISTORIC PRESERVATION OVERLAY (RS- 8/0HP) AND NEIGHBORHOOD CONSERVATION RESIDENTIAUHISTORIC PRESERVATION OVERLAY (RNC-12/0HP) TO DESIGNATE THE GILBERT-LINN STREET HISTORIC DISTRICT B. CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) AND NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC-12) TO MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAUHISTORIC PRESERVATION OVERLAY (RS-8/0HP) AND NEIGHBORHOOD CONSERVATION RESIDENTIAL/HISTORIC PRESERVATION OVERLAY (RNC-12/0HP) TO DESIGNATE THE RONALDS STREET EXTENSION OF THE BROWN STREET HISTORIC DISTRICT Council Work Session November 15, 2004 Page 2 Council Member Elliott noted the correspondence received from the owner of property at 611 North Johnson Street and stated the structure was a key structure. C. APPROVING THE PRELIMINARY PLAT OF SADDLEBROOK MEADOWS, PART 1. (SUB04-00030) AGENDA ITEMS 1. (Agenda item # 10 - Resolution approving ... Deer Management Plan) City Manager Atkins asked that the item be deferred until the December 7 to allow scheduling at the December 6 work session. 2. (Consent Calendar item # 2.fA - Resolution ... approving signage ... Old Capitol Town Center at 201 South Clinton Street) In response to Council Member Elliott, a majority of Council was interested in maintaining the current process for local regulations and Council approval for signage. PCD Director Franklin present for discussion. 3. (Agenda item # 6a - setting public hearing ... Gilbert-Linn Historic District) PCD Director Franklin and City Atty. Dilkes responded to questions from Council Member Vanderhoef on an October 11 letter from the State Historical Society. 4. (Consent Calendar item # 4.g.6 - correspondence from Linda Flowers re Mormon Trek Blvd. Plantings) In response to Council Member Elliot, Asst. PCD Director Davidson stated the prairie plantings were maintained by the University. 5. (Consent Calendar item # 4.g. 11 - correspondence from Chesca Colloredo-Mansfield school crosswalks) Asst. PCD Director Davidson stated the official school safe-walk route is marked and pavement markings and signage in place. Davidson reported he felt the concern was one of enforcement, and would follow up to ensure she had received that information. 6. (Consent Calendar item # 4.g.2 - E-Newsletter from City of Atlanta) In response to Council Member Vanderhoef, City Clerk Karr reported that she had unsubscribed. 7. (Consent Calendar item # 4.g.1 and 4.g.9 - Brookland Park Drive Parking) Majority of Council agreed to delete for separate discussion. Asst. PCD Director Davidson present for discussion. 8. (Agenda item # 9 - Ordinance amending Title 5 ... Vehicles for Hire... Distinctive Color Scheme Required"...) In response to Council Member Elliott, City Clerk Karr and City Atty. Dilkes explained the need to clarify current procedure. City Clerk Karr further outlined the procedure for reporting "pirate" vehicles to the Police Department. Council Work Session November 15, 2004 Page 3 9. (Agenda item # 12 - Resolution... authorizing and directing... application... FY05 Transit operating and/or capital assistance funding) In response to Council Member Elliott, Asst. PCD Director Davidson responded to questions regarding cost savings with smaller buses. 10. (Agenda items # 13 - Resolution... dedication of school site and cost sharing agreement; # 14... Resolution ... 28E agreement... Camp Cardinal Road; and # 15... Resolution ... recommending award of contract... Camp Cardinal Road site preparation) City Atty. Dilkes stated some items may be deferred or amended at the formal meeting and would report back to Council at the meeting. 11. (Agenda item # 11 - Resolution supporting the development of affordable housing ... Whispering Meadows Garden) Mayor Lehman noted a staff memo in the packet on the matter. City Atty. Dilkes summarized the issues. COUNCIL APPOINTMENTS Board of Adjustment - no applicants; readvertise Board of Appeals - Douglas DuCharme Human Rights Commission - Defer Parks and Recreation Commission - Matt Pacha (second appt. to be decided at formal) Public Art Advisory Committee - no applicants; readvertise Senior Center Commission - Betty Kelly and Jay Honohan COUNCIL TIME 1. Mayor Lehman reported a number of street light outs in front of the old Press-Citizen building. Staff will follow up. 2. Council Member Bailey noted complaints regarding the alley off of Iowa Avenue at Washington and Clinton. The City Manager stated that was a private alley. The City Attorney stated the City may not currently have authority but perhaps it could be viewed as a nuisance issue. The City Manager stated he had hoped the Downtown Association would assist in the cleanup of the alleys but that didn't appear likely; he will report back. 3. Council Member Bailey requested a mural be placed on the construction wall of 64-1a directly across from the new library. Staff will follow up. 4. Mayor Pro tem Wilburn noted the Iowa League of Cities, the Iowa State Association of Counties, East Central Iowa Council of Governments and the City of Coralville will be sponsoring an open house for legislators in the ECICOG region on November 23 at the Coralville City Hall. 5. Council Member Vanderhoef noted the five United Way hearings scheduled this year and encouraged 2 or 3 Council representatives to attend. Majority agreed that Vanderhoef and Bailey would attend. Council Work Session November 15, 2004 Page 4 6. Council Member Elliott noted the upcoming Legislative Leadership Forum sponsored by the Chamber (in Cedar Rapids at Kirkwood November 19) and encouraged attendance to discuss alcohol related issues and following up our earlier letter to them on the matter. IDENTIFICATION OF PRIORITIES FOR DISCUSSION (date added to list) Joint meeting with Airport Commission (5/3/04) Memo regarding approach to employee compensation issues (5/3/04) Timeline on North Side Fire Station (5/3/04) Downtown Alley Clean-up (5/3/04) Funding priorities for the next budget (6/14/04) Joint meeting with Planning and Zoning on philosophies for zoning and City Codes (6/14/04) Meeting adjourned 7:50 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS -11/16/04 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 (arrived 7:08), Wilburn (arrived 7:35). Absent: None. The Mayor proclaimed Family Week - November 21-27,2004, Brian Johns, representative of Church of Latter Day Saints accepting; Hunger & Homelessness Awareness Week - November 14-20, 2004, Ruth Beyerhelm, Local Homelessness Coordinating Board accepting; National Hospice Month - November 2004, Ann Sullivan, Hospice Volunteer accepting. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Evan Risk, Abel Martinez, Tristan Spears, and Shimek Elementary students: Kennedy Bodnarek, Noah Rocklin, Nicolette Zalesky. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and or adopted as amended and to consider for separate item 4g(1) memo from Traffic Engineering Planner regarding no parking signs on Brookland Park Drive: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 1, Special Council Formal Official and Complete; November 1, Regular Council Work Session; November 2, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Telecommunications Commission - September 27,2004; Public Library Board of Trustees - September 23, 2004; Civil Service Commission - October 28, 2004; Charter Review Commission - October 26, 2004; Charter Review Commission - October 27, 2004; Charter Review Commission - November 1, 2004; Public Art Advisory Committee - October 7,2004; Planning and Zoning Commission - October 21,2004; Planning and Zoning Commission - October 7,2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Club Car, 122 Wright St.; Class B Wine Permit for T&M Mini Mart, 2601 Hwy 6 East; Class B Beer Permit for Rack BBQ, 1911 Broadway St.; Renewal: Class C Liquor License for Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Outdoor Service Area for Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Special Class C Liquor License for India Café, 227 E. Washington St.; Class C Beer Permit for T&M Mini Mart, 2601 Hwy 6 East. Motion: To approve disbursements in the amount of $7,628,088.70 for the period of September 1 through September 30, 2004 as recommended by the Finance Director subject to audit. Official Actions November 16, 2004 Page 2 Setting a Public Hearing: Set a public hearing for December 7,2004 regarding Iowa City's Proposed 2006-2010 Consolidated Plan (a.k.a. City Steps). RES. 04-309, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 718 HIGHLAND AVENUE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7,2004. RES. 04-310, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1508 DOVER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7,2004. RES. 04-311, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2614 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7, 2004. Resolutions. RES. 04-312, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES - PART 5, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 04-313, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE PARTIAL RELEASE OF A STORM WATER DETENTION BASIN EASEMENT AGREEMENT LOCATED ON LOT 22, APPLE RIDGE SUBDIVISION TO IOWA CITY, IOWA. RES. 04-314, AMENDING THE CITY OF IOWA CITY COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL BY AMENDING APPENDIX C AND AUTHORIZING THE CITY MANAGER TO MAKE NON-SUBSTANTIVE CHANGES IN THE FUTURE. RES. 04-315, APPROVING THE DESIGN OF THE SIGNAGE FOR "KCRG 9 NEWS" AND "THE GAZETTE" ON OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET. Correspondence: JCCOG Traffic Engineering Planner regarding Change NO PARKING 8 AM to 6 PM MON-FRI to NO PARKING ANY TIME signs on the south side of Brookland Park Drive; E-Newsletter City of Atlanta - November 2, 2004; Jim Ebert regarding Mountain Lion; Tristan Dobrian regarding Student Project on Voting Permits [Staff response included]; Shawn Froberg regarding Journalism Assignment [Staff response included]; Linda Flowers regarding Beautification Mormon Trek Blvd Plantings [Staff response included]; Andreski Family regarding Control Signal at Benton and Mormon Trek [Staff response included]; Rebecca Neades regarding Invitation to Legislative Leadership Forum; David Caplan, Brand Newland, Ryan Parnell; regarding Brookland Park Drive Parking Change; Patient Education Institute Open House December 2, 2004; Chesca Colloredo-Mansfeld regarding School Crosswalks; Rob Baller (2) regarding ICT Buses and Noise Pollution [Staff response included]; Eve Casserly regarding AARP Chapter 1816 Holiday Party. The Mayor declared the motion carried. Moved and seconded to adopt 4g(1) memo from Traffic Engineering Planner regarding no parking signs on Brookland Park Drive. The following individuals appeared: Paul Leonard, 506 Brookland Park Dr.; Joe Manriquez, 404 Melrose Ct.; Paul Diehl, 513 Brookland Park Dr.; Jean Walker, 335 Lucon; and Eric Parker, 404 Melrose Ct. Moved and seconded to defer to December 7, correspondence from JCCOG Transportation Planner regarding changing NO PARKING 8 AM to 6 PM MON-FRI to NO PARKING ANY TIME signs on the south side of Brookland Park Drive. The Mayor declared the motion carried. Official Actions November 16, 2004 Page 3 Jean Walker, 335 Lucon, appeared regarding working with the DNR on the mountain lion sighting in University Heights and providing more information to the public about mountain lions. Moved and seconded to set a public hearing for December 7 on an ordinance to change the zoning designation from Medium Density Single Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12), to Medium Density Single Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) to designate the Gilbert-Linn Street Historic District. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Don and Dorothy Fowles, Howard Carroll, John Kammermeyer, Pat Fisher. The Mayor declared the motion carried. A public hearing was held on an ordinance changing the zoning designation from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) to designate the Ronalds Street Extension of the Brown Street Historic District. The following individuals appeared: Michael Maharry, 903 E. College St., Historic Preservation Chair; Jim Ponto, 618 Brown St.; and Helen Burford, 604 Ronalds St. Moved and seconded to accept correspondence from Kerry McGrath, Helen Burford, Dave Tingwald, Lisa Collier and Ed Romano, Wendy Scholz, D.M. O'Brien, John Basserman, Martha Milani, Doris Houser, Renée Schlueter, Loren Deetz, Dave Tingwald. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) to designate the Ronalds Street Extension of the Brown Street Historic District, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-316, APPROVING THE PRELIMINARY PLAT OF SADDLEBROOK MEADOWS, PART 1, IOWA CITY, IOWA. Moved and seconded to adopt RES. 04-317, SETTING DATES OF A CONSUL TATION (December 8,2004) AND PUBLIC HEARING (January 4,2005) ON PROPOSED AMENDMENT NO.1 TO THE NORTHGATE CORPORATE PARK URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA. 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- 4145, AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," SECTION 5-2-8 "VEHICLE FOR HIRE REQUIREMENTS," OF THE CITY CODE BY DELETING (B) "DISTINCTIVE COLOR SCHEME REQUIRED" AND REPLACING IT WITH A NEW (B) "DISTINCTIVE COLOR SCHEME REQUIRED" TO CLARIFY LANGUAGE, be voted on for final passage at this time. The following individuals appeared: Thomas Hatch, IC Cab, 23 Amber Lane; Mick Green, Airport Shuttle Service, 4620 Fairways Ct. (Marion); Paul Heyn, Old Capitol Cab, 143 Clapp St. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Official Actions November 16, 2004 Page 4 Moved and seconded that ORD. 04-4146, AMENDING CHAPTERS 5 AND 6 OF CITY CODE TITLE 14 TO PROVIDE UPDATED REFERENCES TO SECTIONS IN THE UNIFORM CODE THAT THE CITY RECENTLY ADOPTED AS ITS BUILDING CODE, be passed and adopted. Moved and seconded to defer to December 7 resolution approving the 2004-2005 Deer Management Plan for Iowa City. The Mayor declared the motion carried. Mayor Pro tem Wilburn left the room due to a conflict of interest. Moved and seconded to adopt resolution supporting the development of Affordable Housing in Iowa City by Whispering Garden IHA Limited Partnership. Bob Burns, applicant/developer, 319 East Washington St., appeared. The Mayor declared the resolution defeated, 1/5. Mayor Pro tem Wilburn returned to the room. Moved and seconded to adopt RES. 04-318, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307 AND/OR 5309, TO BE USED FOR FY05 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING. Moved and seconded to defer indefinitely resolution authorizing the Mayor to sign and the City Clerk to attest a dedication of school site and cost sharing agreement between Clear Creek, LLC; Southgate Development Company, Inc.; the City of Iowa City; and the City of Coralville. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-319, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28-E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, SOUTHGATE DEVELOPMENT COMPANY AND CLEAR CREEK, LLC REGARDING CERTAIN OBLIGATIONS INVOLVING THE CONSTRUCTION OF CAMP CARDINAL ROAD FROM AN AREA SOUTH OF CLEAR CREEK IN CORALVILLE SOUTHERLY TO MELROSE AVENUE IN IOWA CITY. Moved and seconded to adopt RES. 04-320, RECOMMENDING THE AWARD OF A CONTRACT BY THE CITY OF CORALVILLE, FOR CONSTRUCTION OF THE CAMP CARDINAL ROAD SITE PREPARATION PROJECT A/K/A CAMP CARDINAL ROAD PRELIMINARY CLEARING PROJECT. Moved and seconded to adopt RES. 04-321, AMENDING RESOLUTION NO. 04-222, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF A SENIOR HOUSING FACILITIES REVENUE BOND OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO THE BORROWER; THE EXECUTION AN DELIVERY OF A LOAN AGREEMENT AMONG THE CITY, THE BORROWER AND THE SERVICER PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; THE EXECUTION OF A PLEDGE, SERVICING AND PARTICIPATION AGREEMENT; AND THE EXECUTION OF OTHER DOCUMENTS RELATED THERETO. Moved and seconded to make the following appointments to Boards and Commissions: re-appoint Douglas DuCharme, 105 N. Westminster St., to the Board of Appeals for a Building Design Professional to fill a five-year term January 1, 2005 - December 31, 2009; re-appoint Matt Pacha, 3110 E. Washington St. and appoint Philip Reinsetter, 1040 E. Court S1. to the Parks and Recreation Commission to fill four-year terms Official Actions November 16, 2004 Page 5 January 1, 2005 - January 1, 2009; re-appoint Jay Honohan, 1510 Somerset Lane and Betty Kelly, 1108 Sunset St. to the Senior Center Commission to fill three-year terms January 1, 2005 - December 31,2007. The Mayor declared the motion carried. The Mayor noted that the following vacancies would be readvertised: Board of Adjustment to fill a five-year term January 1,2005 - January 1,2010; three appointments to the Human Rights Commission to fill three-year terms January 1, 2005 - January 1, 2008; Public Art Advisory Committee for two appointments (One Art or Design Professional) to fill three-year terms January 1, 2005 - January 1, 2008. [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 noted the current vacancy to the Historic Preservation Commission to fill an unexpired term ending March 29, 2006. (Correspondence included in Council packet). Applications must be received by 5:00 p.m., Wednesday, January 12, 2004. The Mayor noted the previously announced vacancies: 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; Applications must be received by 5:00 p.m., Wednesday, December 1, 2004. Moved and seconded to adjourn meeting at 8:35 p.m. The Mayor declared the motion carried. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Marian K. Ka~r, City ~rk ~ ~t"~ . S:;Z;~t;p 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 NOVEMBER 16, 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 (arrived 7:08), Wilburn (arrived 7:35). Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Nasby, Knoche, McCafferty. Council minutes tape recorded on Tape 04-66, Sides 1 & 2; Tape 04-67, Side 1. The Mayor proclaimed Family Week - November 21-27,2004, Brian Johns, representative of Church of Latter Day Saints accepting; Hunger & Homelessness Awareness Week - November 14-20, 2004, Ruth Beyerhelm, Local Homelessness Coordinating Board accepting; National Hospice Month - November 2004, Ann Sullivan, Hospice Volunteer accepting. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Evan Risk, Abel Martinez, Tristan Spears, and Shimek Elementary students: Kennedy Bodnarek, Noah Rocklin, Nicolette Zalesky. Moved by Champion, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received, or approved, and or adopted as amended and to consider for separate item 4g(1) memo from Traffic Engineering Planner regarding no parking signs on Brookland Park Drive: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 1, Special Council Formal Official and Complete; November 1, Regular Council Work Session; November 2, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Telecommunications Commission - September 27,2004; Public Library Board of Trustees - September 23, 2004; Civil Service Commission - October 28, 2004; Charter Review Commission - October 26, 2004; Charter Review Commission - October 27, 2004; Charter Review Commission - November 1, 2004; Public Art Advisory Committee - October 7,2004; Planning and Zoning Commission - October 21,2004; Planning and Zoning Commission - October 7,2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St.; Class B Wine Permit for Fuller Properties, LC, dba T&M Mini Mart, 2601 Hwy 6 East; Class B Beer Permit for Rack, LLC, dba Rack BBQ, 1911 Broadway St.; Renewal: Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Outdoor Service Area for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Special Class C Liquor License for India Café Corp., dba India Café, 227 E. Washington St.; Class C Beer Permit for Fuller Properties, LC, dba T&M Mini Mart, 2601 Hwy 6 East. Complete Description November 16, 2004 Page 2 Motion: To approve disbursements in the amount of $7,628,088.70 for the period of September 1 through September 30, 2004 as recommended by the Finance Director subject to audit. Setting a Public Hearing: Set a public hearing for December 7,2004 regarding Iowa City's Proposed 2006-2010 Consolidated Plan (a.k.a. City Steps). RES. 04-309, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 718 HIGHLAND AVENUE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7, 2004. RES. 04-310, INTENT TO CONVEY A SINGLE FAMIL Y HOME LOCATED AT 1508 DOVER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7,2004. RES. 04-311, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2614 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7,2004. Resolutions. RES. 04-312, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES - PART 5, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 04-313, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE PARTIAL RELEASE OF A STORM WATER DETENTION BASIN EASEMENT AGREEMENT LOCATED ON LOT 22, APPLE RIDGE SUBDIVISION TO IOWA CITY, IOWA. RES. 04-314, AMENDING THE CITY OF IOWA CITY COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL BY AMENDING APPENDIX C AND AUTHORIZING THE CITY MANAGER TO MAKE NON-SUBSTANTIVE CHANGES IN THE FUTURE. RES. 04-315, APPROVING THE DESIGN OF THE SIGNAGE FOR "KCRG 9 NEWS" AND "THE GAZETTE" ON OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET. Correspondence: JCCOG Traffic Engineering Planner regarding Change NO PARKING 8 AM to 6 PM MON-FRI to NO PARKING ANY TIME signs on the south side of Brookland Park Drive; E-Newsletter City of Atlanta - November 2, 2004; Jim Ebert regarding Mountain Lion; Tristan Dobrian regarding Student Project on Voting Permits [Staff response included]; Shawn Froberg regarding Journalism Assignment [Staff response included]; Linda Flowers regarding Beautification Mormon Trek Blvd Plantings [Staff response included]; Andreski Family regarding Control Signal at Benton and Mormon Trek [Staff response included]; Rebecca Neades regarding Invitation to Legislative Leadership Forum; David Caplan, Brand Newland, Ryan Parnell; regarding Brookland Park Drive Parking Change; Patient Education Institute Open House December 2, 2004; Chesca Colloredo-Mansfeld regarding School Crosswalks; Rob Baller (2) regarding ICT Buses and Noise Pollution [Staff response included]; Eve Casserly regarding AARP Chapter 1816 Holiday Party. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to adopt 4g(1) memo from Traffic Engineering Planner regarding no parking signs on Brookland Park Drive. The following individuals appeared: Paul Leonard, 506 Brookland Park Dr.; Joe Manriquez, 404 Melrose Ct.; Paul Diehl, 513 Brookland Park Dr.; Jean Walker, 335 Lucon; and Eric Parker, 404 Complete Description November 16, 2004 Page 3 Melrose Ct. Moved by O'Donnell, seconded by Elliott, to defer to December 7, correspondence from JCCOG Transportation Planner regarding changing NO PARKING 8 AM to 6 PM MON-FRI to NO PARKING ANY TIME signs on the south side of Brookland Park Drive. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Jean Walker, 335 Lucon, appeared regarding working with the DNR on the mountain lion sighting in University Heights and providing more information to the public about mountain lions. Moved by Bailey, seconded by Wilburn, to set a public hearing for December 7 on an ordinance to change the zoning designation from Medium Density Single Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12), to Medium Density Single Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) to designate the Gilbert-Linn Street Historic District. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Don and Dorothy Fowles, Howard Carroll, John Kammermeyer, Pat Fisher. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance changing the zoning designation from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) to designate the Ronalds Street Extension of the Brown Street Historic District. The following individuals appeared: Michael Maharry, 903 E. College St., Historic Preservation Chair; Jim Ponto, 618 Brown St.; and Helen Burford, 604 Ronalds St. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Kerry McGrath, Helen Burford, Dave Tingwald, Lisa Collier and Ed Romano, Wendy Scholz, D.M. O'Brien, John Basserman, Martha Milani, Doris Houser, Renée Schlueter, Loren Deetz, Dave Tingwald. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, that the ordinance changing the zoning designation from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) to designate the Ronalds Street Extension of the Brown Street Historic District, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 04-316, APPROVING THE PRELIMINARY PLAT OF SADDLEBROOK MEADOWS, PART 1, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor and Council wished PCD Director Franklin a Happy Birthday. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 04-317, SETTING DATES OF A CONSULTATION (December 8,2004) AND PUBLIC HEARING (January 4,2005) ON PROPOSED AMENDMENT NO.1 TO THE NORTHGATE CORPORATE PARK URBAN Complete Description November 16, 2004 Page 4 RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell that ordinance amending Title 5, "Business and License Regulations," Chapter 2, "Vehicles for Hire," Section 5-2-8 "Vehicle for Hire Requirements," of the City Code by deleting (b) "Distinctive Color Scheme Required" and replacing it with a new (b) "Distinctive Color Scheme required" to clarify language, be given second vote. The following individuals appeared: Thomas Hatch, IC Cab, 23 Amber Lane; Mick Green, Airport Shuttle Service, 4620 Fairways Ct. (Marion); Paul Heyn, Old Capitol Cab, 143 Clapp St. After discussion original motion withdrawn. Council requested staff report back on the request for consideration of IIgrandfathering" color schemes. Moved by Vanderhoef, seconded by O'Donnell, 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. 04-4145, AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," SECTION 5-2-8 "VEHICLE FOR HIRE REQUIREMENTS," OF THE CITY CODE BY DELETING (B) "DISTINCTIVE COLOR SCHEME REQUIRED" AND REPLACING IT WITH A NEW (B) "DISTINCTIVE COLOR SCHEME REQUIRED" TO CLARIFY LANGUAGE, 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 Bailey, 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 Champion, seconded by Elliott, that ORD. 04-4146, AMENDING CHAPTERS 5 AND 6 OF CITY CODE TITLE 14 TO PROVIDE UPDATED REFERENCES TO SECTIONS IN THE UNIFORM CODE THAT THE CITY RECENTLY ADOPTED AS ITS BUILDING CODE, 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 Elliott, to defer to December 7 resolution approving the 2004-2005 Deer Management Plan for Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Pro tem Wilburn left the room due to a conflict of interest. Moved by Bailey, seconded by Vanderhoef, to adopt resolution supporting the development of Affordable Housing in Iowa City by Whispering Garden IHA Limited Partnership. Bob Burns, applicant/developer, 319 East Washington St., appeared. The Mayor declared the resolution defeated, 1/5, with the following division of roll call vote. Ayes: Bailey. Nays: Champion, Elliott, Lehman, O'Donnell, Vanderhoef. Wilburn abstaining. Mayor Pro tem Wilburn returned to the room. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-318, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307 AND/OR 5309, TO BE USED FOR FY05 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, to defer indefinitely resolution authorizing the Mayor to sign and the City Clerk to attest a dedication of school site and cost sharing Complete Description November 16, 2004 Page 5 agreement between Clear Creek, LLC; Southgate Development Company, Inc.; the City of Iowa City; and the City of Coralville. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 04-319, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28-E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, SOUTHGATE DEVELOPMENT COMPANY AND CLEAR CREEK, LLC REGARDING CERTAIN OBLIGATIONS INVOLVING THE CONSTRUCTION OF CAMP CARDINAL ROAD FROM AN AREA SOUTH OF CLEAR CREEK IN CORALVILLE SOUTHERLY TO MELROSE AVENUE IN IOWA CITY. 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. 04-320, RECOMMENDING THE AWARD OF A CONTRACT BY THE CITY OF CORALVILLE, FOR CONSTRUCTION OF THE CAMP CARDINAL ROAD SITE PREPARATION PROJECT NK/A CAMP CARDINAL ROAD PRELIMINARY CLEARING PROJECT to Connolly Construction Inc. for $194,980.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion, to adopt RES. 04-321, AMENDING RESOLUTION NO. 04-222, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF A SENIOR HOUSING FACILITIES REVENUE BOND OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO THE BORROWER; THE EXECUTION AN DELIVERY OF A LOAN AGREEMENT AMONG THE CITY, THE BORROWER AND THE SERVICER PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; THE EXECUTION OF A PLEDGE, SERVICING AND PARTICIPATION AGREEMENT; AND THE EXECUTION OF OTHER DOCUMENTS RELATED THERETO. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to make the following appointments to Boards and Commissions: re-appoint Douglas DuCharme, 105 N. Westminster St., to the Board of Appeals for a Building Design Professional to fill a five-year term January 1, 2005 - December 31,2009; re-appoint Matt Pacha, 3110 E. Washington St. and appoint Philip Reinsetter, 1040 E. Court St. to the Parks and Recreation Commission to fill four-year terms January 1, 2005 - January 1, 2009; re-appoint Jay Honohan, 1510 Somerset Lane and Betty Kelly, 1108 Sunset St. to the Senior Center Commission to fill three-year terms January 1, 2005 - December 31,2007. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that the following vacancies would be readvertised: Board of Adjustment to fill a five-year term January 1, 2005 - January 1, 2010; three appointments to the Human Rights Commission to fill three-year terms January 1, 2005 - January 1, 2008; Public Art Advisory Committee for two appointments (One Art or Design Professional) to fill three-year terms January 1, 2005 - January 1, 2008. [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.] Complete Description November 16, 2004 Page 6 The Mayor noted the current vacancy to the Historic Preservation Commission to fill an unexpired term ending March 29, 2006. (Correspondence included in Council packet). Applications must be received by 5:00 p.m., Wednesday, January 12, 2004. The Mayor noted the previously announced vacancies: Airport Zoning ßrd 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; Applications must be received by 5:00 p.m., Wednesday, December 1, 2004. Council Member Vanderhoef reported she was late arriving for the meeting due to birthday party for her 2 year old granddaughter. Council Member O'Donnell noted the incredible job done by City crews in picking up leaves; and asked that staff respond to the correspondence received on school crosswalks. Council Member Champion noted the Thanksgiving employee luncheon on Thursday, November 18, at the Recreation Center; and asked that staff report back on neighborhood parking stickers. Staff will report back. Council Member Elliott noted the earlier Council vote on affordable housing and stated it was a sensitive issue and felt Council considered it important. Mayor Lehman reminded citizens of the December 1 community meeting with the Charter Review Commission to discuss possible amendments to the Iowa City Charter. City Atty. Dilkes and City Clerk Karr outlined the process for the meeting scheduled for 5:30 p.m. in Room A of the Public Library. Mayor Lehman wished everyone a Happy Thanksgiving. Moved by Bailey, seconded by Wilburn, to adjourn meeting at 8:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk