Loading...
HomeMy WebLinkAbout2005-04-19 Council minutes *REVISED 9/14/05 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 19, 2005 * 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. Absent: Wilburn. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Boelk, O'Malley, Logsden. Council minutes tape recorded on Tape 05-27; Both Sides. The Mayor proclaimed: Cover the Uninsured Week May 1-8, 2005, Barbara Stannard accepting; Fair Housing Month - April 2005, Bruce Ray, Iowa HUD Director accepting; Global Love Day - May 1,2005, Sharon Thomas accepting; National Volunteer Appreciation Week - April 17-23, 2005, Shane Orr, Volunteer Administration Resources accepting; Arbor Day - April 29, 2005, Terry Robinson, City Parks & Forestry Superintendent accepting. The Mayor presented Outstanding Student Citizenship Awards to Helen Lemme Elementary Stude.'.~ts: Caitlin Clougherty, Karl Fleener. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete for separate consideration 4f(1 ) Removal of No Parking signs on Oakcrest Street: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. April 4, Regular Council Work Session; April 5, 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): Public Art Advisory Committee - March 2, 2005; Planning and Zoning Commission - March 17, 2005; Telecommunications - January 24, 2005; Telecommunications - February 28, 2005; Telecommunications - March 8, 2005; Parks & Recreation - February 16, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Wine Permit for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington St. Renewal: Class C Liquor License for Daverse II, Inc., dba College Street Billiard Club, 114-116 E. ~.College St.; Class C Liquor License for Ambiance, L/C, dba Lark Restaurant, 1069 Hwy 1 West.; Class C Liquor License for Sams Pizza lC, Inc., dba Sams 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 DeliMart, Corp., dba DeliMart #3, 2410 Mormon Trek Blvd; Class C Beer Permit for Suburban Investors, LLC, dba Suburban Amoco-Keokuk Street, 1905 Keokuk St. Motions: Approve disbursements in the amount of $9,651,946.53 for the period of March 1 through March 31,2005, as recommended by the Finance Director subject to audit. Setting a Public Hearing: Set a public hearing for May 3, 2005 regarding Iowa City's FY06 Annual Action Plan, that is a sub-part of Iowa City's 2006-2010 Consolidated Plan (a.k.a. City Steps); RES. 05-138, INTENT TO CONVEY A SINGLE 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 19, 2005 Iowa City City Council, regular meeting, at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. Absent: Wilburn. Staff members present: Atkins, Helling, Dilkes, Karr, Franklj/n, Boelk, O'Malley, Log'~en. Council minutes tape recorded on Tape 05-27; Both Side. The Mayo~roclaimed: Cover the Uninsured Week May 1-8, 2005,/B'arbara Stannard accept ng; Fair Hou-'~ng Month - April 2005, Bruce Ray, Iowa HUD Direc.~r accePting; Global Love Day- May 1,209,5, Sharon Thomas accepting; National Voluntee/r',A. _p_p_re~iation Week- April 17-23, 2005, Shan"e, Orr, Volunteer Administration Resources ac,,Cpting,.;_A_rbor Day - April 29, 2005, Terry Robeson, City Parks & Forestry Superintenden/t'.ac,c,e_p,t_in_g,. The Mayor presenters.Outstanding Student Citizenship Awa¢s to Helen Lemme Elementary Students: Caitlin '~ougherty, Kad Fleener. /. .. Moved by Champion, se'~9~ ed by O'Donnell, that the foJJ0wing items and recommendations in the Consentx ]lendar be received, or apj;foved, and/or, adopted as amended and to delete for separa consideration 4f(1) Rerr~val of No Parking signs on Oakcrest Street' / A~proval of Council ~, subject to corrections, as recommended by the City Clerk. April 4, Regular Work April 5, Regular Council Formal Official and Complete. Receive and File Minutes of ~mmissions (any recommendations contained in minutes become )on separate Council action): Public Ad Advisory Committee - March 2, 2005; PI; ing and Zoning Commission - March 17, 2005; Telecommunications - January Telecommunications - February 28, 2005; Telecommunications - March 8, 'arks & Recreation - February 16, 2005. Permit Motions and Resolutior)~3 as ~mended by the City Clerk. New: Class B Wine Permit for Kum & Go/~..C, dba & Go #52, 25 W. Burlington St. Renewak Class C Liquor License/f'br Daverse II, dba College Street Billiard Club, 114-116 E. College St.; Class C/Y,_iquor License for LLC, dba Lark Restaurant, 1069 Hwy 1 West/Class C Liquor Lic~ for Sams Pizza lC, Inc., dba Sams Pizza lC, Inc., 321 S./Gilbe~ St.; Class E Liq ~c. ense for Liquor House, Ltd., dba Liquor House, 326 S. Clinton St.; Class C Beer Permit for DeliMart, Corp., dba DeliMad #3, 2410 Morm(~ Trek Blvd; Class C Beer Permitter Suburban Investors, LLC, dba Suburban Ant)rico-Keokuk Street, 1905 Keokuk St. Motions: Appr,dve disbursements in the amount of $9,651,946.53 for the period of March '1 through ,~/larch 31,2005, as recommended by the F~'~,ance Director subject to audit. Setting a P/~blic Hearing: Set a public hearing for May 3, 20'1~5 regarding Iowa City's FY06 Anr~al Action Plan, that is a sub-pad of Iowa City's 200'6,-2010 Consolidat~an (a.k.a. City Steps); RES. 05-138, INTENT TO COl~ A SINGLE Complete Description April 19, 2005 Page 2 FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR MAY 3, 2005; RES. 05-139, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1905 CALIFORNIA AVENUE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR MAY 3, 2005. Resolutions: RES. 05-140, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 3410 SHAMROCK DRIVE, IOWA CITY, IOWA; RES. 05-141, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 3410 SHAMROCK DRIVE, IOWA CITY, IOWA; RES. 05- 142, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 924 VAN BUREN STREET SOUTH, IOWA CITY, IOWA; RES. 05-143, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WELLS FARGO BANK, N.A., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1904 HANNAH JO COURT, IOWA CITY, IOWA; RES. 05-144, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLLEGE ST BILLIARDS CLUB; RES. 05-145, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DUBLIN UNDERGROUND; RES. 05-146, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM TOBACCO BOWL; RES. 05-147, ACKNOWLEDGING SERVICE OF A THIRTY (30) DAY PERMIT SUSPENSION AND ACCEPTING WAIVER OF RIGHT TO HEARING FROM WHATEVA WE CAN DELIVA. Correspondence: JCCOG Traffic Engineering Planner regarding removal of NO PARKING 8AM - 5 PM MON-FRI signs on the south side of Oakcrest Street between Sunset Street and George Street (Deferred from 4/5). Letters from Jesse Stingley, Rebekah Rusch, Robert and Norma Jett, Mad Asper, Samantha Roggenties, Lindsey Poe, Betty Ockenfels, Michael Dayton, Joseph Wallace, Joseph Mitros, Karry Jannie, Marcia and Emily Smith, Brad Yaklich, Laura Bender, Trent Heck; Mischa Andersen regarding Protocol for turning in lost property; Brent Harmeier regarding Recycling Incentives; Anthony J. Scanlan regarding Littering in the City; Brandon Hofeldt regarding Improve accommodations for bikers and walkers; Mark S. and Sharon B. Kline regarding Construction concerns on N. Dodge [Staff response included]; Airport Hanger letters from Katherine Jarrett, Sharon Tinkler; Gary Klinefelter regarding proposed change to RS-8 zoning Ordinance; Mary Dias regarding City Government Costs [Staff response included]; Joyce Barker (x2) regarding Proposed Placement of the Shelter House [Staff response included]; John Neff regarding MidAmerican Assessed Value; Randy Reinhold regarding Sign Ordinance and EMCs; Smoking Issue letters from Joy Alberti, Sean Goro, Alaina Smith, Kae Weis; Katie regarding Alcohol Issue; Parking letters from Morgan Forbes, Lauren Rizzo [Staff response Complete Description April 19, 2005 Page 3 included]; Water Tower letters from Reece Lea Conrad, Paul A. Forges (x2), [Staff response included] Ben Jilek, Fredrick Peel; Caroline Dieterle regarding Super Wal- Mart; James Surratt regarding Citywide Wireless Internet. Joyce Barker, 2018 Waterfront Dr., appeared regarding her correspondence on location of the Shelter House. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Bailey, to defer JCCOG Traffic Engineering Planner recommendations regarding removal of NO PARKING 9AM - 5 PM MON-FRI signs on the south side of Oakcrest Street between Sunset and George Street, to May 3rd. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Gary Sanders appeared regarding the proclamation "Cover the Uninsured Week"; noted the University of Iowa being in the news recently for the Hawkeye football team being in the top five pre-season polls, writers workshop staff member Marilyn Robinson winning the Pulitzer Prize, and the Des Moines Register article "Iowa City Drowns in Booze Culture"; and supported appointment of the University of Iowa student liaison but urged he recluse himself on all alcohol issues. Leah Cohn repoded on "Extended Retail Night" scheduled to kick off on May 20 with the downtown Friday Night Concert Series, and asked Council to consider an amendment to the current ordinance regarding sidewalk sales. Council agreed to schedule discussion for their next work session. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for May 3rd on an ordinance conditionally changing the zoning designation from Interim Development Single- Family Residential (ID-RS) Zone to Low Density Single-Family Residential (RS-5) Zone (10.92-acres) and Medium Density Single-Family Residential (RS-8) Zone (18.34-acres) for property located west of Sycamore Street, south of Wetherby Drive, north of Dickenson Lane (Brookwood Pointe). Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. A public hearing was held on a resolution approving the annexation of approximately 62.03 acres of territory located north of Highway 1, west of Highway 218 and east of Kitty Lee Road (Davis). PCD Director Franklin present. Moved by O'Donnell, seconded by Champion, to adopt RES. 05-148, APPROVING THE ANNEXATION OF APPROXIMATELY 62.03 ACRES OF TERRITORY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KITTY LEE ROAD (Davis). Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. A public hearing was held on an ordinance conditionally changing the zoning designation from County A1 to CC-2, Community Commercial (approximately 16.05 acres), Cl-1, Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres), for property located north of Highway 1, west of Highway 218 and east of Kitty Lee Road (Davis). No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance conditionally changing the zoning designation from County A1 to CC-2, Community Commercial (approximately 16.05 acres), Cl-1, Intensive Commercial (approximately 20.22 acres), CO-1, Complete Description April 19, 2005 Page 4 Office Commercial (approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres), for property located north of Highway 1, west of Highway 218 and east of Kitty Lee Road (Davis), be given first vote. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Champion, seconded by Elliott, to adopt RES. 05-149, APPROVING THE FINAL PLAT OF J JR DAVIS SECOND ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 05-150, APPROVING THE FINAL PLAT OF J JR DAVIS THIRD ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 05-151, APPROVING THE PRELIMINARY AND FINAL PLAT OF ASHTON PLACE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. A public hearing was held on a resolution amending the FY2005 Operating Budget. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-152, AMENDING THE FY2005 OPERATING BUDGET FOR THE FISCAL YEAR ENDING JUNE 2005. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2005 Davenport Street Water Improvements project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Bailey, seconded by Champion, to adopt RES. 05-153, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 DAVENPORT STREET WATER IMPROVEMENTS 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, 6/0, Wilburn absent. The Mayor declared the resolution adopted. A public hearing was held on resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Grand Avenue Improvements 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. Jean Walker, Melrose Avenue Neighborhood representative, appeared. Sr. Civil Engr. Boelk present for discussion. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-154, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE Complete Description April 19, 2005 Page 5 FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2006 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. No one appeared. Moved by Champion, seconded by Bailey, to adopt RES. 05-155, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2006 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. A hearing was held on a resolution assessing a $300.00 civil penalty against Cigarette Outlet #18, pursuant to Iowa Code Section 453A.22(2) (2005). Asst. Johnson County Atty. Andy Chappell appeared. Moved by Vanderhoef, seconded by Champion, to adopt RES. 05-156, ASSESSING A $300.00 CIVIL PENALTY AGAINST CIGARETTE OUTLET #18. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, to adopt RES. 05-157, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLONIAL LANES. Affirmative roll call vote unanimous, 6/0, Wilbum absent. The Mayor declared the resolution adopted. A hearing was held on a resolution assessing a $300.00 civil penalty against Jordan Valley Market, pursuant to Iowa Code Section 453A.22(2) (2005). Asst. Johnson County Atty. Andy Chappell appeared. Moved by Champion, seconded by Bailey, to adopt RES. 05-158, ASSESSING A $300.00 CIVIL PENALTY AGAINST JORDAN VALLEY MARKET. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-159, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Elliott, to approve the appointment of Jeremy Schreiber as the Student Liaison and Austin'Baeth as the alternate from the University of Iowa Student Government (UISG) to the City Council May 1,2005 until May 1, 2006. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Lauren McCarthy (2), Austin Baeth, and Jeremy Schreiber. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Moved by O'Donnell, seconded by Champion, to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City. Council Member Champion noted the City had requested people pay 5% of their health insurance and this agreement set a maximum payment of $40, and stated it continues to be very expense for the taxpayers. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared motion carried. Complete Description April 19, 2005 Page 6 Moved by Vanderhoef, seconded by Bailey, 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. 05-4156, AMENDING CITY CODE TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS," SECTION 1, ENTITLED "OUTDOOR SERVICE AREAS," ARTICLE C, ENTITLED "REGULATION OF OUTDOOR SERVICE AREAS," SUBSECTION 1, ENTITLED "LOCATION RESTRICTIONS", SUBSECTION 2, "SCREENING FROM PUBLIC VIEW", SUBSECTION 3, "ENTRANCES AND EXITS"; SUBSECTION D, "EXEMPTIONS FROM REGULATIONS"; AND SECTION 4, ENTITLED "REGULATIONS AND REQUIREMENTS FOR TEMPORARY OUTDOOR SERVICE AREAS AND SEASONAL, FIVE DAY AND FOURTEEN DAY PERMITS AND LICENSES," SECTION A, ENTITLED" LOCATION", SUBSECTION 2, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. 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, 6/0, Wilburn absent. The Mayor declared the ordinance 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 ORD. 05-4157, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO MODIFY THE SPEED LIMIT ON A PORTION OF HIGHWAY 1 IN THE VICINITY OF SUNSET STREET AND MILLER AVENUE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, that ORD. 05-4158, AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by O'Donnell, to adopt RES. 05-160, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 20.59 -ACRE PARCEL OF LAND IN SOUTHERN IOWA CITY ADJACENT TO GILBERT STREET, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-161, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Complete Description April 19, 2005 Page 7 ATTESTA CONTRACT FOR CONSTRUCTION OF THE 2005 ASPHALT RESURFACING PROJECT to L.L. Pelling Company for $ 586,430.58. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 05-162, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER, AND TENANT SYLVIA VENUTO d/b/a VENUTO'S WORLD BISTRO, FOR A SIDEWALK CAFE AT 115 E. COLLEGE STREET. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. The Mayor noted the current vacancy: Telecommunications Commission to fill an unexpired term ending March 13, 2006. See correspondence included in Council packet. Applications must be received by 5:00 p.m., Wednesday, June 1,2005. Moved by O'Donnell, seconded by Bailey to accept correspondence from Kimberly Thrower. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. The Mayor noted the previously announced vacancies: Housing and Community Development Commission to fill an unexpired term ending September 1,2006; Planning & Zoning Commission to fill an unexpired term ending May 1, 2006. Applications must be received by 5:00 p.m., Wednesday, April 27, 2005. Airport Commission to fill an unexpired term ending March 1,2008; Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Library, Board of Trustees to fill two vacancies for six-year terms July 1, 2005 - July 1,2011. Applications must be received by 5:00 p.m., Wednesday, May 11,2005. [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 Bailey expressed appreciation to all the community volunteers that serve on City Boards and Commissions, and urged more individuals to get involved especially those from the University student body. Council Member O'Donnell noted the start up of a baseball team in Iowa City and stated the Mayor will be throwing out the first pitch on May 1 at Regina; and reminded citizens of the Crisis Center Breakfast on May 1. Council Member Champion asked for an update on the water fund and another rate reduction. The City Manager will report back after an analysis is completed. Council Member Elliott stated he and fellow Councilors Vanderhoef and O'Donnell would be attending the University Parent's Association meeting; and urged people to attend games with the University Ultimate Frisbee team. Mayor Lehman announced the Crisis Center breakfast would be May 1 at St. Wenceslaus Church basement; and also on May 1, Safe Kids Day at Coral Ridge from 11:00- 2:00 in the afternoon. City Manager Atkins stated the work session for May 2 was filling up and it may be necessary to start a little earlier. Moved by Elliott, seconded by Bailey, to adjourn meeting at 8:00 p.m. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Complete Description April 19, 2005 Ernest W. Lehman, Mayor Mar~n K. Karr, City Clerk Date: April 12, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 4, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin Tapes: 05-23, Both Sides (A complete transcription is available in the City Clerk's Office) PLANNING &ZONING ITEMS PCD Director Franklin presented information on the following matters: A. APPROVING THE ANNEXATION OF APPROXIMATELY 62.03 ACRES OF TERRITORY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KITTY LEE ROAD (ANN04-00001) B. CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM COUNTY A1 TO CC- 2, COMMUNITY COMMERCIAL (APPROXIMATELY 16.05 ACRES), Cl-1, INTENSIVE COMMERCIAL (APPROXIMATELY 20.22 ACRES), CO-1, OFFICE COMMERCIAL (APPROXIMATELY 10.92 ACRES) AND RR-1, RURAL RESIDENTIAL (APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KITTY LEE ROAD (REZ04-00030) PCD Director reviewed outstanding issues relative to the CZA. The City Atty. stated that until the CZA is acceptable to the Council, and signed, the hearing should be continued and action deferred. C. VACATING UNIMPROVED DANE ROAD, NORTH OF MORMON TREK BOULEVARD (VAC05-00001) (PASS AND ADOPT) APPEAL OF HISTORIC PRESERVATION DECISION (Agenda Item # 7) PCD Director Franklin introduced Urban Planner Sunil Terdalker who is working half time with the Historic Preservation Commission and half time with urban planning issues. Franklin and City Atty. Dilkes reviewed the procedure for the agenda item. Council Work Session April 4, 2005 Page 2 AGENDA ITEMS 1. (Agenda Item # 8 - hearing and resolution ... acquisition of property rights for the Landfill Construction Project) City Manager Atkins noted the procedure was different in that it involved agricultural land, and reviewed the need for the property. 2. (Consent Calendar correspondence # 4 f (9) .... water tower) In response to Council Member Vanderhoef, City Manager Atkins said a reply would be sent notifying them it was University Hospitals property, and the City's, and providing a contact person at the University. 3. (Consent Calendar # 4 f (1) ... removal of No Parking signs .... Oakcrest Street) Council Members Vanderhoef and Bailey requested staff research the possibility of over occupancy in the area. Majority agreed to delete for separate consideration at the formal meeting. 4. (Consent Calendar #4 f (10) ... Outdoor Burning) In response to Council Member Bailey, the Mayor stated that chimeneas are allowed within the City. COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - No applicants, readvertise Planning and Zoning Commission - appoint Wally Plahutnik; reappoint Robed Brooks Telecommunications Commission - reappoint Terry Smith SCHEDULING OF FUTURE PENDING ITEMS Council agreed to add discussion on the Fire Inspector to the April 18 work session. AFFILIATE FOUNDATION.(IP2 of 3/31 Information Packet) City Atty. Dilkes and Community Foundation of Johnson County representative Mike Stoffregen responded to questions. After discussion a majority of Council agreed the primary goal is to help community events and human service funding; directed staff to contact Mary Ann Burk in Waterloo regarding origin of footnote on draft affiliate agreement concerning board membership and Board make-up. STAFF ACTION: City Attorney will contact Mary Anne Burk at the Community Foundation of Waterloo/Cedar Falls and Northeast Iowa prior to the next work session. (Dilkes) Council Work Session April 4, 2005 Page 2 AGENDA ITEMS 1. ~nda Item # 8 - hearing and resolution ... acquisition of property ri~lhts for the Landfill Project) City Manager Atkins noted the procedure was~ifferent in that it agricultural land, and reviewed the need for the property. // 2. (~ lendar correspondence # 4 f (9) .... water tower) In response to Council Mem[ rhoef, City Manager Atkins said a reply would be"sent notifying them it was University property, and the City's, and providing a cCntact person at the University. .- 3. (~ (1) ... removal of No Parking sign,¢ .... Oakcrest Street) Council Members Vanderhoef Bailey requested staff researct~'the possibility of over occupancy in the area. Majorit to delete for separate consi/d'eration at the formal meeting. 4. (Consent Calendar # 4 f Outdoor Burning) InrCs to ponse Council Member Bailey, the Mayor stated that are allowed within t/tee City. / COUNCIL APPOINTMENTS / / Airport Zoning Board of Adjustment )licants,?'/eadvertise Planning and Zoning Commission - a reappoint Robert Brooks Telecommunications Commission - rea Smith SCHEDULING OF FUTURE PENDING ITEM~ Council agreed to add discussion on the Fir the April 18 work session. AFFILIATE FOUNDATION (IP2 of 3/31 Packet)k, City Atty. Dilkes and Community Fou of Johnson Count( representative Mike Stoffregen responded to questions. After disc a majority of Council ~reed the primary goal is to help community events and huma funding; directed staff~o contact Mary Ann Burke in Waterloo regarding origin of draft affiliate agreement c~cerning board membership and Board make-up. STAFF ACTION: City contact Mary Anne Burke at the\Community Foundation of Falls and Northeast Iowa prior to the~l?xt work session. (Dilkes) ., Council Work Session April 4, 2005 Page 3 COUNCIL TIME 1. Council Member Champion stated a customer leaving her store almost got hit by a bicyclist racing down the sidewalk. 2. Council Member Vanderhoef noted the Airport Commission's Security Plan include din the Airport Commission minutes a few weeks ago and inquired whether Council action was necessary. The City Manager stated no action was necessary. 3. Council Member Bailey noted an invitation to the Week of the Young Child at Pheasant Ridge and questioned which Council Members would be attending. Council Members Bailey and Vanderhoef stated they would be attending. 4. Council Member Bailey asked that a discussion of televising Council work sessions in light of the addition of the new student liaison May 1. The Mayor asked the matter be scheduled for an upcoming work session. 5. Mayor Pro tern Wilburn reminded Council that he will be present for the April 18 work session but out of town for the formal meeting April 19. Meeting adjourned 8:10 PM. Work Session Discussion Items - as of 4~4~05 - See Attached Council Work Session April 4, 2005 Page 4 Work Session Discussion Items - as of 4/4/05 Timeline on North Side Fire Station - CM to provide memo Funding priorities for the next budget - September 2005 Historic Preservation - Council to identify specific concerns Alcohol Regulation Review - May 2 work session Budget Fire Inspector/Deputy Chief - April 18 Housing Inspector - fee increase Recycling Coordinator CIP reviews GilbertJHwy. 6 Restroom-Festival Stage Railroad Overpass- 1s'& Mall Use of private donations/naming of capital facilities Scattered Site Housing Report Development of affordable housing (and purchase, how to make easier) Development Code - recommendations from P&Z around May 1 (joint meeting) Meeting with Planning & Zoning on philosophies for zoning/City Codes Annual Evaluations ~ May 6 (8:30 AM) Peninsula Project update - Staff to provide memo Deer Control process and alternatives - Memo to be provided Planning Needs and use of consultants - City Mgr. memo on philosophy/criteria Burlington Street Traffic (JCCOG) PCRB Review (prior to August 2005) Downtown Loading Zones Goal Session (?) Affiliate Foundation - April 18 Televising Work Sessions - April 18 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 - 4/5/05 Iowa City City Council 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: Public Access Television Week -April 10-16, 2005, Executive Director PATV Josh Goding accepting; Project GREEN Volunteer Month - April 2005, Project Green Steering Committee Member Anne Hesse and A. K. Traw accepting; Because We Care Day- April 6, 2005; National Crime Victims' Rights Week- April 10-16, 2005, Iowa City Victim Advisory Board Co-Chair Joey Matousek accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: India Hawkins, Leslie Fink, Tierra Springer. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete for separate consideration f(1) Removal of No Parking signs on Oakcrest Street: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. March 21, Special Council Work Session; March 22, Special 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): Planning and Zoning Commission - March 3, 2005; Public Library Board of Trustees - January 27, 2005; Airport Commission - March 10, 2005; Civil Service Commission - March 22, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.; Class C Liquor License for Bob's Your Uncle, 2208 N. Dodge St.; Outdoor Service Area for Bob's Your Uncle, 2208 N. Dodge St.; Class C Liquor License for Sky Box Eatery, 124 1/2 E. Washington St. Renewal: Special Class C Liquor License for Panchero's Mexican Grill, 32 S. Clinton St.; Class C Liquor License for First Avenue Club, 1550 First Ave.; Class C Liquor License for B.P.O. Elks #590, 637 Foster Rd.; Special Class C Liquor License for Panchero's Mexican Grill, 965 S. Riverside Dr.; Class B Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St.; Class C Liquor License for Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Deadwood, 6 S. Dubuque St.; Permanent License Transfer for Pizza Hut #4358, 1920 Keokuk St.; RES. 05-125, TO ISSUE DANCE PERMIT to First Avenue Club, 1550 First Ave. Setting a Public Hearing: RES. 05-126, SETTING A PUBLIC HEARING ON APRIL 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 DAVENPORT STREET WATER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO Official Actions April 5, 2005 Page 2 PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 05-127, SETTING A PUBLIC HEARING ON APRIL 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE IMPROVEMENTS 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. 05-128, SETTING A PUBLIC HEARING ON AMENDING THE FY2005 OPERATING BUDGET. Resolutions: RES. 05-129, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WASHINGTON MUTUAL, PITTSBURGH, PENNSYLVANIA FOR PROPERTY LOCATED 631 5TM AVENUE, IOWA CITY, IOWA. RES. 05-130, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1927 GRANTWOOD STREET, IOWA CITY, IOWA. RES. 05-131, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 1927 GRANTWOOD STREET, IOWA CITY, IOWA. RES. 05-132, AUTHORIZING THE MAYOR TO CONCUR WITH A MEMORANDUM OF AGREEMENT BETWEEN THE FAA AND THE IOWA STATE HISTORIC PRESERVATION OFFICER REGARDING THE RUNWAY 7/25 EXTENSION PROJECT AND THE OLD UNITED HANGAR. RES. 05-133, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 2116 WESTERN ROAD, IOWA CITY, IOWA. RES. 05-134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1500 SYCAMORE STREET, IOWA CITY, IOWA. Correspondence: Bob Jett regarding Oakcrest Street Parking [See item 4f(1)]; Michael Briggs regarding Mature Trees; Teresa Welsh regarding Support the Dog Park; Gary Wolf regarding Student Liaison Resolution; Cay Wieland regarding Concentrations of Poverty in Certain Areas of Town; Barney Sherman regarding Dangerous Intersection [Staff response included]; David E. Brasher regarding Relocation of Transient Housing Center; Water Tower letters from Kyle Collins, Brian Courtois, Paul Forbes(X2); Patricia Roe regarding Outdoor Burning [Staff response included]; David Wellendorf regarding Table to Table Picnic; Gina Clemmer regarding Analyzing Iowa Communities/Demographic Analysis Workshop; Toby Burke regarding Security and Prosperity Partnership of North America; Toby Burke regarding White House Update; Jeff Shields regarding Catalyst Acting Company; Tara Woods regarding Statewide Candlelight Vigil. The Mayor declared the motion carried. Moved and seconded to accept JCCOG Traffic Engineering Planner recommendation regarding removal of NO PARKING 8AM - 5 PM MON-FRI signs on the south side of Oakcrest Street between Sunset Street and George Street. Amnon Kohen, 1302 George St., appeared. Moved and seconded to defer the matter to the April 19 meeting, and refer it back Official Actions April 5, 2005 Page 3 to staff to discuss with the neighbors other options such as restricted hours for No Parking. The motion carried unanimously. Nancy Wombacher, Senior Center Commission Member, updated Council on activities at the Center. Moved and seconded to accept correspondence. The Mayor declared the motion carried. Mark Kresowik, UISG President, appeared. Sherry Christoffer appeared regarding Iowa Code Section 216C dealing with Service Animals. Moved and seconded to accept correspondence. The Mayor declared the motion carried A public hearing was held on a resolution approving the annexation of approximately 62.03 acres of territory located north of Highway 1, west of Highway 218 and east of Kitty Lee Road. Atty. Tom Gelman, representing the owners, appeared. After discussion a majority of Council agreed that the developer should not pay for the construction of Kitty Lee Road beyond the first lot; traffic signal installation would be an 80/20 (developer/City) cost sharing, with the City paying the alignment of Naples south of Highway 6; staff pursue waiver agreement, or petition language concerning construction of the sidewalk in ten years; and staff work with the owners on the fence issues. Moved and seconded to continue the public hearing until April 19, 2005. The Mayor declared the motion carried. Moved and seconded to defer the resolution approving the annexation of approximately 62.03 acres of territory located north of Highway 1, west of Highway 218 and east of Kitty Lee Road. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally changing the zoning designation from County A1 to CC-2, Community Commercial (approximately 16.05 acres), C1-1, Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres), for property located north of Highway 1, west of Highway 218 and east of Kitty Lee Road. Moved and seconded to accept correspondence from Atty. Thomas Gelman. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to April 19, 2005. The Mayor declared the motion carried. Moved and seconded that the ordinance conditionally changing the zoning designation from County A1 to CC-2, Community Commercial (approximately 16.05 acres), C1-1, Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres), for property located north of Highway 1, west of Highway 218 and east of Kitty Lee Road, be deferred to April 19, 2005. The Mayor declared the motion carried. Moved and seconded that ORD. 05-4155, VACATING UNIMPROVED DANE ROAD, NORTH OF MORMON TREK BOULEVARD, be passed and adopted. A public hearing was held on a motion deciding the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the installation of an automatic teller machine in the fa~:ade of 13 S. Linn Street. Scott Kading appeared. Moved and seconded to accept correspondence from Scott Kading. The Mayor declared the motion carried. Moved and seconded to confirm the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the installation of an automatic teller machine in the fagade of 13 S. Linn Street. The Mayor declared the motion carried. Official Actions April 5, 2005 Page 4 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 Landfill Construction Project. The following individual appeared: Mary C. Hebl; Michael Hebl. Moved and seconded to adopt RES. 05-135, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LANDFILL CONSTRUCTION PROJECT. Moved and seconded that ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "exceptions" to modify the speed limit on a portion of Highway 1 in the vicinity of Sunset Street and Miller Avenue, be given first vote. The Mayor declared the motion carried. Moved and seconded that ordinance amending Title 3, entitled "City Finances, Taxation & Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges, be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 05-136, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERT PROJECT. Moved and seconded to adopt RES. 05-137, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS PROJECT. Moved and seconded to make the following appointments to boards and commissions: reappoint Robert Brooks, 1620 Quincent Street, and appoint Wally Plahutnik, 430 N. Gilbert Street, to the Planning & Zoning Commission to fill two 5-year terms May 1,2005 - May 1, 2010; reappoint Terry Smith, 2220 Balsam Court, to the Telecommunications Commission to fill a 3-year term March 13, 2005 - March 13, 2008. The Mayor declared the motion carried The Mayor noted that the vacancy on the Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006, 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 current vacancies: Library, Board of Trustees to fill two six-year terms July 1,2005 - July 1,2011; Airport Commission to fill an unexpired term ending March 1,2008. Applications must be received by 5:00 p.m, Wednesday, May 11,2005. Moved and seconded to accept correspondence from Daniel Clay. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies: Planning & Zoning Commission to fill an unexpired term ending May 1,2006; Housing and Community Development Commission to fill an unexpired term ending September 1,2006. Applications must be received by 5:00 p.m., Wednesday, April 27, 2005. Moved and seconded to adjourn 9:05 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 Official Actions April 5, 2005 Page 5 s/Marian K. Karr, City Clerk . Submitted for publication - 4/13/05. 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 5, 2005 Iowa City City Council 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, Kart, Dilkes, Franklin, Henries, Terdalkar, Knoche, Scott, Fosse. Council minutes tape recorded on Tape 05-24, Both Sides; and 05-25, Side 1. The Mayor proclaimed: Public Access Television Week -April 10-16, 2005, Executive Director PATV Josh Goding accepting; Project GREEN Volunteer Month - April 2005, Project Green Steering Committee Member Anne Hesse and A. K. Traw accepting; Because We Care Day- April 6, 2005; National Crime Victims' Rights Week- April 10-16, 2005, Iowa City Victim Advisory Board Co-Chair Joey Matousek accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: India Hawkins, Leslie Fink, Tierra Springer. 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 delete for separate consideration f(1) Removal of No Parking signs on Oakcrest Street: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. March 21, Special Council Work Session; March 22, Special 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): Planning and Zoning Commission - March 3, 2005; Public Library Board of Trustees - January 27, 2005; Airport Commission - March 10, 2005; Civil Service Commission - March 22, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Oyama Sushi, Inc., dba Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.; Class C Liquor License for Iowa City Eastside Cafb, Inc., dba Bob's Your Uncle, 2208 N. Dodge St.; Outdoor Service Area for Iowa City Eastside Cafb, Inc., dba Bob's Your Uncle, 2208 N. Dodge St.; Class C Liquor License for SB, Inc., dba Sky Box Eatery, 124 1/2 E. Washington St. Renewal: Special Class C Liquor License for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.; Class C Liquor License for First Avenue Club, Inc., dba First Avenue Club, 1550 First Ave.; Class C Liquor License for Iowa City Lodge #590 B.P.O. Elks of U.S.A. dba B.P.O. Elks #590,637 Foster Rd.; Special Class C Liquor License for Fresh Mex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.; Class B Beer Permit for M&T Investments, Inc., dba Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St.; 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.; Permanent License Transfer for Hawk-Eye Pizza, LLC, Complete Description April 5, 2005 Page 2 dba Pizza Hut #4358, 1920 Keokuk St.; RES. 05-125, TO ISSUE DANCE PERMIT to First Avenue Club, Inc., dba First Avenue Club, 1550 First Ave. Setting a Public Hearing: RES. 05-126, SETTING A PUBLIC HEARING ON APRIL 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 DAVENPORT STREET WATER IMPROVEMENTS 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. 05-127, SETTING A PUBLIC HEARING ON APRIL 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOP, PUBLIC INSPECTION. RES. 05-128, SETTING A PUBLIC HEARING ON April 19, 2005 AMENDING THE FY2005 OPERATING BUDGET. Resolutions: RES. 05-129, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WASHINGTON MUTUAL, PITTSBURGH, PENNSYLVANIA FOR PROPERTY LOCATED 631 5TM AVENUE, IOWA CITY, IOWA. RES. 05-130, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1927 GRANTWOOD STREET, IOWA CITY, IOWA. RES. 05-131, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 1927 GRANTWOOD STREET, IOWA CITY, IOWA. RES. 05-132, AUTHORIZING THE MAYOR TO CONCUR WITH A MEMORANDUM OF AGREEMENT BETWEEN THE FAA AND THE IOWA STATE HISTORIC PRESERVATION OFFICER REGARDING THE RUNWAY 7/25 EXTENSION PROJECT AND THE OLD UNITED HANGAR. P,ES. 05-133, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 2116 WESTERN ROAD, IOWA CITY, IOWA. RES. 05-134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOP, THE PROPERTY LOCATED AT 1500 SYCAMORE STREET, IOWA CITY, IOWA. Correspondence: Bob Jett regarding Oakcrest Street Parking [See item 4f(1)]; Michael Briggs regarding Mature Trees; Teresa Welsh regarding Support the Dog Park; Gary Wolf regarding Student Liaison Resolution; Cay Wieland regarding Concentrations of Poverty in Certain Areas of Town; Barney Sherman regarding Dangerous Intersection [Staff response included]; David E. Brasher regarding Relocation of Transient Housing Center; Water Tower letters from Kyle Collins, Brian Courtois, Paul Forbes(X2); Patricia P,oe regarding Outdoor Burning [Staff response included]; David Wellendorf regarding Table to Table Picnic; Gina Clemmer regarding Analyzing Iowa Communities/Demographic Analysis Workshop; Toby Burke regarding Security and Prosperity Partnership of North America; Toby Burke regarding White Complete Description April 5, 2005 Page 3 House Update; Jeff Shields regarding Catalyst Acting Company; Tara Woods regarding Statewide Candlelight Vigil. City Engr. Knoche present for discussion. 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 accept JCCOG Traffic Engineering Planner recommendation regarding removal of NO PARKING 8AM - 5 PM MON-FRI signs on the south side of Oakcrest Street between Sunset Street and George Street. Amnon Kohen, 1302 George St., appeared. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by Bailey, to defer the matter to the April 19 meeting, and refer it back to staff to discuss with the neighbors other options such as restricted hours for No Parking. The motion carried unanimously, 7/0, all Council Members present. Nancy Wombacher, Senior Center Commission Member, updated Council on activities at the Center. Moved by Bailey, seconded by Wilburn, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mark Kresowik, UISG President, appeared. Sherry Christoffer appeared re Iowa Code Section 216C dealing with Service Animals. Moved by Vanderhoef, seconded by Bailey, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving the annexation of approximately 62.03 acres of territory located north of Highway 1, west of Highway 218 and east of Kitty Lee Road (Davis). Atty. Tom Gelman, representing the owners, appeared. PCD Director Franklin present for discussion. Individual Council Members expressed their view. After discussion a majority of Council agreed that the developer should not pay for the construction of Kitty Lee Road beyond the first lot; traffic signal installation would be an 80/20 (developer/City) cost sharing, with the City paying the alignment of Naples south of Highway 6; staff pursue waiver agreement, or petition language concerning construction of the sidewalk in ten years; and staff work with the owners on the fence issues. Moved by Vanderhoef, seconded by Elliott, to continue the public hearing until April 19, 2005. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer the resolution approving the annexation of approximately 62.03 acres of territory located north of Highway 1, west of Highway 218 and east of Kitty Lee Road (Davis). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance conditionally changing the zoning designation from County A1 to CC-2, Community Commercial (approximately 16.05 acres), C1-1, Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres), for property located north of Highway 1, west of Highway 218 and east of Kitty Lee Road (Davis). Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Atty. Thomas Gelman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Elliott, to continue the public hearing to April 19, 2005. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, that the ordinance conditionally changing the zoning designation from County A1 to CC-2, Community Commercial (approximately 16.05 acres), C1-1, Intensive Commercial (approximately 20.22 acres), CO-1, Complete Description April 5, 2005 Page 4 Office Commercial (approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres), for property located north of Highway 1, west of Highway 218 and east of Kitty Lee Road (Davis), be deferred to April 19, 2005. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, that ORD. 05-4155, VACATING UNIMPROVED DANE ROAD, NORTH OF MORMON TREK BOULEVARD, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a motion deciding the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the installation of an automatic teller machine in the fa~;ade of 13 S. Linn Street. Scott Kading appeared. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Scott Kading. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to confirm the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the installation of an automatic teller machine in the facade of 13 S. Linn Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 Landfill Construction Project. The following individual appeared: Mary C. Hebl; Michael Hebl. Public Works Director Fosse present for discussion. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 05-135, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LANDFILL CONSTRUCTION PROJECT. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, that ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "exceptions" to modify the speed limit on a portion of Highway 1 in the vicinity of Sunset Street and Miller Avenue, 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 Bailey, that ordinance amending Title 3, entitled "City Finances, Taxation & Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Elliott, to adopt RES. 05-136, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERT PROJECT to McCulley Culvert, Inc. for $ 396,505.20. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description April 5, 2005 Page 5 Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-137, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, to make the following appointments to boards and commissions: reappoint Robert Brooks, 1620 Quincent Street, and appoint Wally Plahutnik, 430 N. Gilbert Street, to the Planning & Zoning Commission to fill two 5-year terms May 1,2005- May 1,2010; reappoint Terry Smith, 2220 Balsam Court, to the Telecommunications Commission to fill a 3-year term March 13, 2005 - March 13, 2008. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Members noted the efforts of outgoing Planning and Zoning Commission Member Jerry Hansen. The Mayor noted that the vacancy on the Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006, 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 current vacancies: Library, Board of Trustees to fill two six-year terms July 1,2005 - July 1,2011; Airport Commission to fill an unexpired term ending March 1,2008. Applications must be received by 5:00 p.m., Wednesday, May 11,2005. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Daniel Clay. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: Planning & Zoning Commission to fill an unexpired term ending May 1, 2006; Housing and Community Development Commission to fill an unexpired term ending September 1,2006. Applications must be received by 5:00 p.m., Wednesday, April 27, 2005. Council Member Elliott recognized the opening of the baseball season with St. Louis and Houston on Sunday night. Council Member Vanderhoef requested a memo from the City Attorney about Council Members speaking in public regarding the upcoming municipal electric issue. City Atty. Dilkes stated no City resources could be used to sgpport the ballot issue one way or another, and would provide a memo. Mayor Pro tern Wilburn acknowledged Iowa City resident Marilyn Robinson on recently being award the Pulitzer Prize. Council Member Bailey reminded citizens of the egg hunt on Sunday for dogs to benefit Johnson County Dog PAC to assist in building the off lease dog park. Mayor Lehman announced the annual Youth Human Rights Awards celebration scheduled for April 26; and acknowledged the efforts of University student Nick Bunn who spearheaded the Ralston Creek Clean-Up on Saturday, April 2, which yielded 1.34 ton of debris. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 9:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description April 5, 2005 Page 6 Ernest W. Lehman, Mayor Marian K. Karr, City Clerk