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HomeMy WebLinkAbout2010-01-25 TranscriptionPage 1 ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS. - Lucas Elementary School Karr: Come on up! No, both of you can come up and join the Mayor, right up here. Champion: He's harmless! Hayek: Hello, my name is Matt Hayek. I'm the Mayor, and this is the City Council, and you guys are from Lucas as I understand it. Well, we're pleased and honored to have you here with us tonight, and before I present the awards to you, we'd like to hear from each of you about, uh, what you do. Want to go first? Morony: Hi, my name is Ben Morony. Thank you, it's an honor to receive this award and I am grateful for the opportunity to be here and speak in front of you. I think that kids my age think that citizenship is an unimportant character trait so I'm very grateful of winning this award. Some activities that I participate in that contributed to receiving this award are religious education at Regina Elementary, Junior High Youth Group at St. Patrick's Church, and being the co-president of Lucas Student Government. Thank you. (applause) Parrot: Hi, my name is Olivia Parrott. To me a good citizen is actively involved at school, church, home and within their community. In the classroom I set an example by completing my assignments on time, leading study groups, and tutoring a kindergarten class in language arts. In church I participate in the service as an accolade and sing in the church choir. I'm also on softball and basketball teams. I learn the value of teamwork. Through playing the violin and piano I learn how to prepare by practicing. In everything I do I use the Lucas School core virtues as my guide: honesty, respect, generosity, compassion, responsibility, self-discipline, and perseverance. Doing my best is important to me. (applause) Hayek: That was very well done. We have an award that's going to each of you. And it reads as follows: For his or her outstanding qualities of leadership within Lucas Elementary, as well as the community, and for his or her sense of responsibility and helpfulness to others, we recognize you as an Outstanding Student Citizen. Your community is proud of you. Presented by the Iowa City City Council, uh, in January 2010. (applause) Congratulations! This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 2 ITEM 3. PROCLAMATION. - Arts and Culture Day -January 24, 2010 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Shaner Magalhaes. (laughter) Magalhaes: We practiced that, Marian! Karr: I know! Magalhaes: My name is Shaner Magalhaes and I'm here on behalf of the Iowa Cultural Corridor Alliance, as a Member of the Board of Directors, and uh, we're delighted to have the City recognize, um, yesterday, uh, as Arts and Culture Day. Uh, as Mayor Hayek knows, we had a fabulous ICKY awards, uh, the excellence in innovation awards for the Iowa Cultural Corridor Alliance, uh, last evening, uh, at Coe College in, and it's just amazing to me to...to attend that event every year. I know Regenia's been there and many of you probably have attended, uh, to just really see first hand the amazing, uh, incredible array of talent that we have in this corridor, uh, just a little sampling of it from last night, uh, you know, everything from singing to, uh, puppets and all...all in between, uh, it's just...it's just wonderful, wonderful, uh, the resources and talent that we have in this...in this area, uh, so we thank you very much for recognizing that, and certainly encourage all of you to continue your great support of the arts and culture, uh, in this community. Thank you so much. Hayek: Shaner, you want to come up here and get your proclamation? Magalhaes: (away from mic) (applause and several talking) I'm going to stay up here. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 3 ITEM 4. PRESENTATION. - Johnson County Historical Society Magalhaes: I'm changing name tags. Here's my ICCA one -take that off. Put on my Johnson County Historical Society one. Wilburn: (mumbled) pronunciation of your name or... Magalhaes: Yes, the pronunciation stays the same, amazingly enough! (laughter) Uh, hi, I'm Shaner Magalhaes. I'm the President of the Johnson County Historical Society, and uh, I was told that I have to be super-brief, so I will, believe it or not I can be. Uh, last year, uh, at the Johnson County Historical Society Museum, uh, we created and opened a permanent exhibit called the Community Stories Project, uh, which is something we've been wanting to do and planning for several years now. It basically created a snapshot history, a brief history, of every single community in Johnson County, uh, and even some that don't exist anymore. We addressed 'ghost towns' as well in Johnson County. Uh, it's something that we really wanted to have as a signature piece, uh, in our museum to really cement the fact that we are the Johnson County Historical Society and...and provide that basic information about each community. Uh, we worked with dozens of volunteers across the county. This was truly their history, uh, we weren't going into the communities and saying, 'Here's what you should focus in on your community,' whether it's education or schools or whatever. We worked with those dozens and dozens of volunteers to highlight what they really wanted to work on, and I'm here tonight, uh, one of the...one of the great things about the project, we think, is that, uh, not only do we have the permanent exhibit at the Museum in Coralville, but we created display panels for every single community in the county to have in their own community, uh, so I've been going to lots of city council meetings and presenting panels that then, uh, those communities can put up in their libraries or their community centers or wherever, so that they can see first hand that...that history work that their fellow citizens did, uh, so I'm here tonight to present to Iowa City, uh, a couple panels representing the brief history of Iowa City that was done, uh, and I should acknowledge, uh, some of the key people that helped out, uh, in Iowa City with putting this together. George Dane, John Raffinsburger, Loren Horton, and Ted Brittenmeyer, uh, whom many of you know or know of, uh, so we really thank them and many of the others that, uh, that helped out. Um, Iowa City I have to say was, uh, one of the most challenging, probably the most challenging of all the communities, uh, obviously everybody has a rich heritage here in Johnson County, but Iowa City just from the virtue of our size and, uh, and...and past and everything really made it difficult to decide what should we focus in as far as a topic, uh, so as you'll see in the display panels, which will go up at the Iowa City Public Library, um, you know, there's...we kind of landed on sort of looking at some iconic buildings in Iowa City. We talk a little bit about the University of Iowa since that's such a big presence in the community, um, ad This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 4 just touching on some of the other, uh, iconic things that, uh, that you all know and love. Um, so without further adieu, since I said I would be brief, uh, I will pass these panels along to Mayor Hayek, and then, uh, we'll get them to the Library, but we thank you very much for your continued support of, uh, celebrating Iowa City's past as well. I know you all have a great, uh, passion for that, and I thank you. (several talking) And I expect all of you to know all of this by heart probably! (laughter) Champion: That'd be fun to look at! Hayek: We'll get these circulated. Wright: Those are great -thank you! Hayek: Thank you, Shaner. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 5 ITEM 5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: I'd like to move adoption, except I'd like to take out the...denial of the dance permit for One-Eyed Jake's. Karr: It's currently the approval, but the dancing permit you'd like removed, and then also amend by the additions. Champion: Right. Karr: Okay. Champion: Thank you. Hayek: That covers the additional correspondence. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Roll call. Item 6 is community comment. Karr: Mr. Mayor, you might want to just note for the listening audience that we'll consider the dancing permit at the same time as the other items on item 8. Hayek: Good point, uh, we will take that up (both talking) Champion: Exactly what I planned on! Hayek: Essentially 8.c. after the first two items under that particular piece. And I would also like to point out for the public that the Consent Calendar has, uh, now that we've adopted it, set a public hearing on the, uh, proposed changes to the franchise fee to reflect the Council's decision, uh, last week to pursue a reduction form 2% to 1%. That will be February 2nd. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 6 ITEM 7. PLANNING AND ZONING MATTERS. a) CONSIDER AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010) Bailey: Move adoption. Champion: Second. Hayek: Moved by Bailey, seconded by Champion. Discussion? Any ex-parte communications on this item since our last meeting? Any further discussion? Roll call. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 7 ITEM 7. PLANNING AND ZONING MATTERS. b) CONSIDER AN ORDINANCE APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.15 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA, INCLUDING WALMART AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ09-00008) (SECOND CONSIDERATION) Hayek: This is second consideration, and the applicant has requested expedited consideration. Wright: I move that the rule requiring ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Champion: Second. Hayek: Moved by Wright, seconded by Champion. Discussion? Roll call. Oh, let me ask for ex-parte before we take a roll call. No communications? Roll call, please. Wright: I move the ordinance be finally adopted at this time. Champion: Second. Hayek: Moved by Wright, seconded by Champion...for final adoption. Discussion? Roll call. The ordinance is adopted. This represents only a reasonably accurate transcription of the special formal Iowa (;ity City Council meeting of January 25, 2010. Page 8 ITEM 7. PLANNING AND ZONING MATTERS. c) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALMART SUBDIVISION, IOWA CITY, IOWA. Champion: Move the resolution. Mims: Second. Hayek: Moved by Champion, seconded by Mims. I think we have a brief presentation from staff. Davidson: Good evening, Mr. Mayor, and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development. Very quickly just wanted to show you the plat, uh, since you collapsed the readings on the rezoning and gave final approval. Uh, this action, uh, and with the plat will establish three separate building lots, uh, on the property where the new Walmart is to be constructed. You can see them here clearly. The one other thing, uh, is just a reminder, the conditional zoning agreement does establish that because of our concerns about entryway aesthetics in this area and the...and all of the care that has been taken with the Walmart building that the development of lots 2 and 3, since we don't know at this time what will be constructed on those lots, will be subject to, uh, staff design review. Uh, it will not come to you, but it will be subject to administrative design review, uh, at the staff...staff level and the entryway, excuse me, the building aesthetics as it pertains to the entryway will be considered at that time. Any questions? Thank you. Hayek: Any further discussion? Roll call, please. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 9 ITEM 8. RENEWAL OF CLASS C LIQUOR LICENSE FOR ONE POOR STUDENT, INC. DBA ONE-EYED JAKE'S, 18-20 S. CLINTON STREET. a) HEARING Hayek: This hearing is a time designated for Council to consider the staff recommendation to deny the renewal application for a liquor license for this establishment, in accordance with City Code 4-2-3. There's a memo from the Fire Department providing information on the violations and recommendations for denial in our packet. We'll open the hearing up. (bangs gavel) Would, uh, either staff or the applicant, uh, like to address Council? Porter: Uh, Mike Porter from Coralville, Iowa. I guess I don't really have much to say. 1 think, uh, it was addressed maybe at a work session already. Um, our staircase is approximately 80% done at this time, uh, a lot of structural work and stuff that goes into this project and they are working on getting it done. Um, I would request you guys do a deferral on this for two weeks, um, and discuss it at the next Council meeting. Um, cause at that time it'll...the project will be complete at that time. Bailey: Mike, what's taken so long with this? I mean, I remember this from years ago. I...I remember the discussion. What's taken so long to...to get this done? Porter: It's mostly financial issues. I've had to put $100,000 into a sprinkler system and uh fireproofing of the building already, and this is another $80,000, so you're talking $180,000 in a span of, you know, a couple years, so... it's... anybody up there that has a business, you know to put $180,000 in fire safety improvements into your building, and a small business, I mean, it's quite a project. Additionally to the financial issues we have an issue of...we had to move into the building, or expand into the...the business space below us, and we had to negotiate with the owners of, not only the building but of that business, to negotiate moving in to their space. So to expand...to expand the staircase isn't just a...um, a simple issue. It's a very complicated one. Um, the City required me, and I want to say 12 or 15 years ago to put a new staircase in there, and we did so at that time. When we put that staircase in, um, we had to add additional structural issues into the building. And, one of the things was we had to run a column, a steel I-beam, all the way into the basement, to hold steel I-beams between the levels of the floor. Well, now we have to turn around and take that steel I-beam and move it, which is a very costly project. Um, and we moved...we had to move over the steel I-beam, um, six inches, which was supporting all of the steel I-beams in... in between the ceilings, and then we also had to put a steel I-beam in our floor to support the runners of the staircase, so it's a complicated project and it's an expensive project, so it's...it's just taken a while to get done. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 10 Bailey: And so you've been working on it for...for some time. Porter: What's this? Bailey: So you've been working on it for quite some time? Porter: We haven't actually done any of the work yet, but planning on it, yes. Bailey: Okay. Thanks. Hayek: What other questions do people have for Mr. Porter? Champion: You're closed though, I mean, you can't be open now. Porter: We are...yeah, we're closed, and we cannot...I don't know, the Fire Department could probably answer it better, but I don't think we can get an occupancy permit until...the project's done so... Hayek: Do you have a realistic estimation of completion? Porter: Well, until we ran into another issue today, again, um, it was going to be this Friday. Uh, but they're getting the steel for the...the rise and run on the second staircase, going to the upstairs, is off a little bit, so they have to order new steel pieces for that, so I'm thinking in the middle of next week, um, is when they're going to be done, so about eight or nine days maybe. Hayek: Any other questions for the applicant? Wright: I am just curious, Mike, how come you waited to apply for your building permit until after the deadline...that expired, to begin work? Porter: Like I said, I mean, it was all... it's all financial issues and planning issues. It... it's a...it's an extremely complicated project. Wright: Oh, I don't doubt that. Porter: And...you know...I just...like I said, I put $100,000 in the sprinkler system! And...uh, drywalling the attic and...and that project and you can't...it's just a very, very complicated project and, you know, it's just taken us a while to get here, and it's, uh, getting done now. We...we knew all along that we were not going to get our license renewed without having this project done. That's why it's getting done now. Hayek: Anything else for Mr. Porter? Okay, thank you. Porter: Thanks. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 11 Dilkes: I do want to just clarify one thing on the closure, Connie... Champion: Uh-huh. Dilkes: Um, I'm...well, let me back up for a minute. The motion to defer is until February 16th then? Champion: Right. Dilkes: I think given the timing. Oh, there wasn't a motion (several talking) Hayek: ...before we start talking we need a motion. Champion: I'd like to move to defer till February 16 the liquor license and dance permit for One-Eyed Jake's. I think, um, he's closed now. He's paying a price for that. He's put a lot of money into that building (several talking) Wilburn: Second. Hayek: One of you...let's get a second and... Wilburn: Second (several talking) Hayek: Moved by Champion, seconded by Wilburn to defer, uh, both the liquor license and the dance permit, uh, issues until our February 16 meeting, and we can have discussion on that at this time. Bailey: Does staff have any...I would like to hear from staff to hear if they have any concerns with a simple deferral with this, I mean, naturally our objective is compliance, so... Grier: John Grier, Fire Marshall. Our... desire is to have the stairway widened, and if we can get that done by deferring we'd be okay with that, if you were to go ahead and vote I would ask that you deny the liquor license but... if they're going to fix it, which they are in the process. I was there today. That's what we would like - compliance. Bailey: And then I'd like to have a sense if the 16th gets them there, I mean, it sounded like that would, but... it doesn't mean that there might not be other construction delays. Grier: My limited construction ability (both talking) it looks like it would be done. Bailey: Maybe the applicant could... This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 12 Mims: We can always defer again if we had to. Champion: Right. Bailey: Right, but I mean, why not just defer to... Lenoch: My name's Tom Lenoch, I'm the general manager at Jake's. Um, I was talking with Bill from the Southgate, his last name escapes me. He's the general contractor that's been working, and he pretty much guaranteed me that by next Friday we'd have it done, provided no more snags, so two week deferral should give us plenty of time to get that done. Like I said, there was just one today, but he's pretty confident that he should have it done by Friday. You know, where we could get to the level of being inspected and be open by Friday. So...going from him, and he's the expert. So... Bailey: Okay, thanks. Hayek: We have meetings scheduled for February 2nd and 16th. It does not look like the 2nd is realistic in terms of what we're hearing tonight. Champion: Well, I think we're better off doing the 16th, to kind of make sure it's going to be done and we don't' have to deal with another deferral. You were going to say something? Dilkes: Yeah, I just wanted to clarify that once the stairway is, if you defer it to the 16th, once the stairway is complete and the Fire Department approves it, they will be able to open up. Champion: Oh, so we won't even (both talking) Dilkes: It's the way the liquor licensing works, is once they file an application for renewal, um, regardless of a deferral or a denial, they continue to stay open through that process, and so I just want to make...make it clear that if you defer till February 16th, if the stairway is done on Friday, they will open. Okay? Karr: You still must act on it. It is timely filed. Champion: Okay, but what about the dance permit, what happens to that then? Karr: The dance...the dance permit has expired. Champion: Okay, so...could we approve that dance permit tonight? I mean, if they can't be open they can't use it. So...so if they get...they could get their...occupancy permit once the stairway is done, and it would not require our approval to move it forward, to open. So, um, so if we...but if we don't vote on the dancing permit This represents only a reasonably accurate transcription of the special formal Iowa ~:ity City Council meeting of January 25, 2010. Page 13 tonight, they couldn't have the dancing until we approved it, is that what you're saying? Dilkes: Correct. b) CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF RECOMMENDATION Champion: So, um, I'm going to amend my motion...to defer the vote on the liquor license until February 16th. Wright: And not defer the dance permit? Champion: Then it'll be my next motion to approve the dance permit. Hayek: It's been moved by Champion to amend her motion, uh, so that we would be deferring the liquor license issue only until February 16. Karr: Is the second hold true by Mr. Wilburn? Wilburn: Yes. Karr: Okay. Hayek: Been moved by Champion, seconded by Wilburn. Discussion? Eleanor, does your...do you have an opinion on...on decoupling those two? Dilkes: I think it's fine to...to do the liquor license first and then go on to the dance permit. Hayek: Okay. Further discussion on the new motion? I guess my thought is...I'll support it. I don't think the applicant does itself any favors with the Council by...by ignoring a contract, in my opinion, that it signed a year and a half ago, and gave it ample time to get this, uh, work, uh, completed, um, but uh, I think we have the alternative incentives in place right now, which is...which is closure of the business, and I think that will move things along as quickly as possible, uh, ad I'm not interested in spending a lot more staff time on this issue, so I would support the motion. Any further discussion? Okay. I'm hearing none. All those in favor of the motion say aye. Opposed say nay. Okay. c) RESOLUTION #Sc(4) DANCING PERMIT FOR ONE-EYED JAKE'S Champion: I'd like to move to approve the dance permit for One-Eyed Jake's. Wilburn: Second. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 14 Hayek: Moved by Champion, seconded by Wilburn. Discussion? Roll call. That's a resolution. Karr: Resolution. Hayek: Okay. Moving on to item #9. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 15 ITEM 12. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF THE FINANCE DEPARTMENT BY DELETING ONE SENIOR PROGRAMMER/ANALYST AND ADDING ONE FULL-TIME SYSTEMS PROJECT MANAGER POSITION. Hayek: Just by way of commentary, uh, this, uh, recommends the reduction of one position, the addition of another to facilitate the implementation of the enterprise resource planning software package. The position will be paid out of capital projects fund and will terminate upon project completion. Annual cost is expected to be approximately $9,200 more. Mims: Move approval of the resolution. Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? Wright: I have a question. Um, Kevin, in your memorandum from the 12th of January, it says that after the implementation project is completed, it is projected that staff resources will be directed to operations and internal support of the ERP software. Is that indicating that this position will be... O'Malley: No. Wright: ...kept and transferred to do other work? I wasn't sure. O'Malley: No, there might be an option for that, but we don't plan on it at the moment. At the moment we just want a permanent, temporary position. We have...Mike, just to let you know, we have, uh, as you read in the memo, we're talking about moving away from some legacy software. We have two more employees that pretty much do that work. One of them is going to be retiring next year about this time, and at that point in time we may consider how this position works, but uh, right now we're just looking for somebody to do some project management, and we figure it's going to take two years at a minimum. Wright: So basically this is just a...this is a term position with an end date that we just don't know quite what the date for ending it is. O'Malley: Right, and if... if we want to do something different, we'll come back to you with...with a recommendation. Wright: Okay. Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 16 O'Malley: Any other questions while I'm up here? Champion: (mumbled) O'Malley: Thank you. Hayek: Thanks, Kevin. Further discussion? Roll call, please. Item passes. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 17 ITEM 17. CITY COUNCIL INFORMATION. Hayek: We'll start with, uh, Council Member Bailey. Bailey: Thank you, um, the Iowa Department of Economic Development is doing a comprehensive infrastructure plan for Iowa's future, and holding a public meeting in our area next week, and the areas that they're looking at are building a vertical infrastructure, energy, natural resources, and telecommunications and transportation, and so they're really seeking input from public, as well as staff, and um, elected officials, and the meeting will be held at the Coralville Public Library, February 4th, from 9:30 A.M. to noon, and I think that that's next Thursday, so I would encourage people to get involved. We talked a lot about transportation and how resources should be allocated in our state, and this is exactly what they're looking for, that kind of information, should they be allocated; more of the funding go to the populated areas or more of the funding go to the production areas, and so that's an ongoing discussion in our state so I encourage people to weigh in. Hayek: Good for Regenia! Ross? Wilburn: Nothing. Hayek: Mr. Wright? Wright: Nothing tonight. Hayek: Champion? Champion: I just have one thing I wanted to make it clear about the chickens. (laughter) Wanted to take it off the pending list, and I think I mentioned that it should be brought back to us by the Animal Control people when they're ready to tackle the problem. It's not that I'm not willing to discuss it, I just don't want it on the pending list where it might be (mumbled) that's all the chickens I have tonight! Wright: Do we need to bring chickens up at the next work session again? Champion: No! Hayek: Well, it's not on our list for discussion, based on the decision we made (both talking) Champion: ...Animal Control people will bring it back to us when they're ready to (several talking) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010. Page 18 Wright: I don't think so. Karr: I don't know that there were four...you did say that, but I don't know that there were four others who said that. Three others. Champion: Let's not deal with it again for a while (laughter) Hayek: Ms. Mims? Mims: Nothing! This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of January 25, 2010.