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HomeMy WebLinkAbout2005-05-03 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 MAY 3, 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, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Nasby, Rackis, Klingaman, Black, Ga~non. Council minutes tape recorded on Tape 05-30, Both Sides. The Mayor proClaimed: 30th Observance of the Ending of the Vietnam War- May 7, 2005, Capt. Jason Montgomery and John Mikelson, County Military Affairs Association accepting; Senior Citizens' Month - May 2005, Dr. June Braverman accepting; Bicycle Month - May 2005, Mark Wyatt, (BIC) Bicyclists of Iowa City accepting; Police Week-May 15-21,2005 & Peace Officers' Memorial Day-May 15, 2005; Neurofibromatosis Awareness Month - May 2005, Dr. Adam Kanis, Childrens' Hospital of Iowa at UIHC accepting. The Mayor present Outstanding Student Citizenship Awards to Longfellow Elementary students: Kelsey Coleman, Rachel Fobian, Clairee Schneider. 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) JCCOG Changing of No Parking signs on south side of Oakcrest Street: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 18, Special Council Work Session; April 18, Regular Council Formal Official and Complete; April 19, Regular Council Formal Official and Complete. Receive End File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Human Rights Commission - January 25, 2005; Parks and Recreation Commission - March 9, 2005; Housing and Community Development Commission - March 10, 2005; Housing and Community Development Commission - March 17, 2005; Planning and Zoning Commission - April 7, 2005; Senior Center Commission - March 15, 2005; Telecommunications Commission - March 28, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Jirsa's, LLC, dba Rick's Grille & Spirits, 1705 S First Ave.; Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.; Class C Beer Permit for Goosetown Market, Inc., dba Goosetown Market, Inc., 600B N. Dodge St. Setting a Public Hearing: RES. 05-163, SETTING A PUBLIC HEARING ON MAY 17, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; set a public hearing for May 17, 2005 for an ordinance repealing City Code Title 12, Chapter 4 entitled 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 MAY 3, 20O5 owaL~ity City Counc , regular meeting at City Hall. Mayor Lehman Council Members pr~S,ent. Bailey Champion, Elliott Lehman, O'Donnell, Vanderh¢ Wilburn. Absent: None. Staff m~mbers present: Atkins, Helling, Dilkes, Kerr, Franklin, Na~z~/, Rackis, Klingaman, Black, Gannon. C--~uncil minutes tape recorded on Tape 05-30, Both SiC'es The Mayor pr"oqlaimed: 30th Observance of the Ending of the V~tnam War - May 7, 2005, Capt. Jason Montgomc~/and John Mikelson, County Military Affairs/Association accepting; Senior Citizens' Month -'Mgy 2005, Dr. June Braverman accepting/;/Bicycl_e Month - May 2005, Mark W,yatt, (BIC) Bicyclists'~.f Iowa City accepting; Police WeekTICvlay, 1._5-_2.1, 2005 & Peace Officers Memorial Day-May 1~ 2005; Neurofibromatosis Awar/ehess Month - May 2005, Dr. Adam Kanis, Childrens' Hospital~f Iowa at UIHC accepting. / . The Mayor present Outstan~i,,ng Student Citizenshi.p./~i(Nards to Longfellow Elementary students: Kelsey Coleman, Rachel F'~ian, Clairee Schnei/¢er._ ..... Moved b~ Champion, seconded'1~,y O'Donnell, t ~Zthe following ite,,ms and recommendations in the Consent Calend'~ be receive. , or approved, and/or adopted as amended and t~ for separate consid'e,ration JCCOG Changing of No Parking signs on south side of Oakcrest Street: ~' Approval of Council Actions, corrections, as recommended by the City Clerk: April 18, Special Council Wor April 18, Regular Council Formal Official and Complete; April 19, Regul ~cil Formal Official and Complete. Receive and File Minutes of B ;ommissions (any recommendations contained in minutes become only upo ;eparate Council action). Human Rights Commission - January 25. Parks Recreation Commission - March 9, 2005; Housing and Community )ment sion - March 10, 2005; Housing and Community Development ommission - March 1 Planning and Zoning Commission - April 7, 2005; ~ior Center Commission 15, 2005; Telecommunications ;sion - March 28, 2005. Permit Motions an ;solutions as Recommended b-'~the City Clerk. Renewal: Class C Liquor License Jirsa's, LLC dba Pick's Grille & S~rits, 1705 S First Ave.; Class A Liquor Licens, Iowa City Lodge #1096 Loyal Orderh~,f Moose, dba Loyal Order of Moose Lcd #1096, 3151 Hwy 6 E.; Class C Beer Per~it for Goosetown Market, Inc., dba )setown Market, Inc., 600B N. Dodge St. ~ Setting!a 4ic Hearing: RES. 05-163, SETTING A PUBLIC ~EARING ON MAY 17, 2005 PLANS, SPECIFICATIONS, FORM OF CONTRA0,T, AND ESTIMATE O~ )ST FOR THE CONSTRUCTION OF THE 2005 PAV~:~IENT REPLACEM 4T FOR WATER MAIN PROJECT, D RECTING CITY CLERK TO PUBLISH OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO SAID PLANS ON FILE FOR PUBLIC INSPECTION; set a public he. aring for May 17 )05 for an ordinance repealing City Code Title 12, Chapter 4 entitled\ Complete Description May 3, 2005 Page 2 Broadband Telecommunications Franchise Enabling Ordinance and adopting a new Chapter 4. Resolutions: RES. 05-164, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 50 BLUE STEM COURT, IOWA CITY, IOWA; RES. 05-165, ACCEPTING THE WORK FOR THE IOWA AVENUE PEDESTRIAN BRIDGE REHABILITATION PROJECT; RES. 05-166, AUTHORIZING THE MAYOR TO APPOINT DAN CLAY AS A NON-VOTING, ADVISORY MEMBER TO THE IOWA CITY AIRPORT COMMISSION. Correspondence: Additions and petitions from 21 households attached to correspondence from Bob Jett regarding No Parking signs on the south side of Oakcrest Street [Staff memo included in Council packet]; Jim Walden regarding Wal- Mad; Cindy Hogan regarding Show Support for Cedarwood; Sam Winslo (2) regarding Parking and Street Congestion; Downtown Litter letters from Garry Klein, Joe Ripperger; Smoking Issue letters from Chuck Campagne, Alexandra Ndoca; Jim Ridenour regarding Parking for Senior Center; Mark Patton regarding CDBG/HOME Recommendations; Mark Patton regarding CDBG/HOME Public Facilities Recommendations; Carol Spaziani regarding Support for CDBG Special Needs Housing Recommendation; Michael James regarding Unlawful practices at One Eyed Jake's; 300 Block S. Gilbert letters from Martha Norbeck, Brian Warthen regarding; Richard Tetrault regarding Mental Health Housing; Elias Zaharias regarding Subsidized Housing [Staff response included]; Correspondence regarding Alcohol from Brian Flynn and Leah Cohen representing the ICAAB, Mark Moen, Gary Sanders [Copies in Information Packet IP2]; Brad Franzwa regarding Casino Issue; Meghan Malloy regarding Information on Section 8 [Staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, to consider JCCOG Traffic Engineering Planner memorandum regarding changing of NO PARKING 8 AM- 5PM MON-FRI signs on the south side of Oakcrest Street between Sunset Street and George Street to NO PARKING 10 AM- 4 PM MON-FRI. [Staff memo included in Council packet]. The Mayor stated the Council had agreed to vote this item down, and retain the parking situation as status quo, until the neighborhood had reached a consensus. The Mayor declared the motion defeated unanimously, 0/7, all Council Members present. Senior Center Commissioner Betty Kelly updated Council on activities at the Center. Christy Wolfe, 1830 High St., reported as a Board member of the Greater Iowa City Housing Fellowship on the success of the Community Land Trust Program. Ron Berg, Alcohol Awareness Work Group, requested time to present information on underage and excessive drinking at a future work session.; majority of Council agreed to schedule the group. Helen Burford, Friends of Historic Preservation, reviewed upcoming events observing Historic Preservation Month. Peggy Loveless, President of the National Alliance for the Mentally III, encouraged participation in the Mind of America May 7 at Lower City Park. Gary Sanders, appeared regarding alcohol issues. Leah Cohen updated Council on the Alcohol Advisory Board committees and activities planned Complete Description May 3, 2005 Page 3 for the Extended Retail Night premiering May 20 in conjunction with the Friday Night Concert Series. Moved by Wilburn, seconded by Vanderhoef, to set a public hearing for May 'i7th on a resolution to amend the Comprehensive Plan by amending the South Central District Plan to change the future land use map designation and plan text to change the Aviation Commerce Park designation from Intensive Commercial to Retail / Community Commercial. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for May 'i 7th on an ordinance conditionally changing the zoning designation of approximately 54 acres from Public/Intensive Commercial (P/CI-'I) Zone to Community Commercial (CC-2) Zone for property located on Ruppert Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning approximately 29.26 acres from Interim Development Residential Zone (ID-RS) to part Low Density Single-Family Residential Zone (RS-5-'I0.92 acres) and part Medium Density Single Family Residential Zone (RS-8-'I 8.34 acres), subject to conditions, for property located on south Sycamore Street east of north of Southpoint Subdivision (Brookwood Pointe). Developer Steve Kohli appeared. Moved by O'Donnell, seconded by Bailey, to accept correspondence from Steve Kohli. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, that the ordinance rezoning approximately 29.26 acres from Interim Development Residential Zone (ID-RS) to part Low Density Single-Family Residential Zone (RS-5-'10.92 acres) and part Medium Density Single Family Residential Zone (RS-8-'I 8.34 acres), subject to conditions, for property located on south Sycamore Street east of north of Southpoint Subdivision, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved byVanderhoef, seconded by Champion, that the ordinance conditionally changing the zoning designation from County A'I to CC-2, Community Commercial (approximately 'i 6.05 acres), Cl-'l, Intensive Commercial (approximately 20.22 acres), CO-'I, Office Commercial (approximately 'i 0.92 acres) and RR-'I, Rural Residential (approximately 2.83 acres), for property located north of Highway '1, west of Highway 2'18 and east of Kitty Lee Road, be given second vote (Davis). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing conveyance of a single family home located at '145 south Westminster Street to a public housing program tenant. No one appeared. Moved byWilburn, seconded by Bailey, to adopt RES. 05-'167, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 'i45 SOUTH WESTMINSTER 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 'i 905 California Avenue to a public housing program tenant. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 05-'168, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 'i905 CALIFORNIA AVENUE TO A Complete Description May 3, 2005 Page 4 PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Pro rem Wilburn left the meeting due to a conflict of interest. A public hearing was held on a resolution adopting Iowa City's FY06 Annual Action Plan, which is a sub-part of Iowa City's 2006-2010 Consolidated Plan (City Steps), and authorizin9 the City Manager to submit said plan 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. The following individuals appeared: Matt Hayek, Chair of the Housing and Community Development Commission (HCDC); Charlie Eastham, President of the Greater Iowa City Housing Fellowship Board, 37 Colwyn Ct.; Mark Patton, Executive Director of the Iowa Valley Habitat for Humanity. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Karen Kubby, Tom Walz and Alan Young (2), Mike Townsend, Mary Ann Dennis, Gerald Sorokin, Mark Patton (2), Brian Loring, Charles Coulter, Jill June, Paul Shultz. The Mayor declared the motion carried unanimously, 6/0, Wilburn abstaining. Moved by Champion, seconded by O'Donnell, to adopt RES. 05-169, ADOPTING IOWA CITY'S FY06 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN 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. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn returned to the meeting. Moved by Bailey, seconded byWilburn, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits" to allow for the commercial use of sidewalks during the hours of the Friday Night Concert Series, be given first vote. City Clerk Karr noted the item would be on the special formal agenda of May 6 to allow final passage. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Pro tem Wilburn left the meeting due to a conflict of interest. Moved by Champion, seconded by Bailey, to adopt RES. 05-170, APPROVING A CONDITIONAL OCCUPANCY LOAN TO THE EXTEND THE DREAM FOUNDATION FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT- ECONOMIC DEVELOPMENT FUND. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor declared the resolution adopted. Mayor Pro tern Wilburn returned to the meeting. Moved byVanderhoef, seconded by Champion, to adopt RES. 05-171, AMENDING THE BUDGETED POSITIONS IN THE LIBRARY BY DELETING ONE LIBRARY ASSISTANT I POSITION AND ADDING ONE SENIOR LIBRARY ASSISTANT POSITION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt a resolution approving distribution of the "Program for Improving Neighborhoods" (PIN) Grant Funds. The following individuals appeared: Michael Wright, Longfellow Association, 815 Roosevelt; Mark Kamps, Melrose Neighborhood Complete Description May 3, 2005 Page 5 Association, 2 Oak Park Ct.; Jeff Schabilion, Longfellow Neighborhood, 431 Rundell St.; Judy Eckman, Southwest Estates, 1238 Wild Prairie; Beth Smith, Northside Neighborhood Association, 314 Brown St.; Mary Knudson-Dion, Miller-Orchard Neighborhood Association, 725W. Benton St.; Marilyn Belman, Galway Hills, 3458 Killarney Rd.; Don Anciaux, Wetherby Association, 2119 Russell Dr. Moved by Elliott, seconded by Bailey, to defer the resolution until June 7. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded byVanderhoef, to adopt RES. 05-172, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA REGARDING CERTAIN OBLIGATIONS INVOLVING THE GRAND AVENUE IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to accept correspondence from Jean Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-173, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN CLEAR CREEK, LLC; SOUTHGATE DEVELOPMENT COMPANY, INC.; THE CITY OF IOWA CITY; THE CITY OF CORALVILLE, AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT FOR DEDICATION OF A SCHOOL SITE IN CONNECTION WITH THE PROJECT TO JOINTLY CONSTRUCT CAMP CARDINAL ROAD. The Mayor noted the correction to the comment to reflect the City's obligation to pay $56, 000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved byWilburn, seconded by O'Donnell, to adopt RES. 05-174, RECOMMENDING THE AWARD OF A CONTRACT BY THE CITY OF CORALVlLLE FOR CONSTRUCTION OF THE CAMP CARDINAL ROAD EXTENSION PROJECT to Streb Construction Co., Inc. for $4,385,943.68. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 05-175, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE DUBUQUE STREET / FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT [STP-U-3715(625)--70-52] PROJECT to Metro Pavers, Inc. for $1,941,285.45. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-176, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MEADOW STREET BRIDGE REPLACEMENT AND DOVER STREET DRAINAGE BASIN IMPROVEMENTS PROJECT [BROS-3715(626)--8J- 52] to Iowa Bridge & Culvert. L.C. for $ 650,882.60. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Vanderhoef to appoint Terry Smith, 2220 Balsam Court, to the Planning & Zoning Commission to fill an unexpired term ending May 1, 2006. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Pro tem Wilburn abstained due to a conflict of interest. Complete Description May 3, 2005 Page 6 Moved by Champion, seconded by Bailey, to appoint Michael Shaw, 2470 Lakeside Drive #11, to the Housing and Community Development Commission to fill an unexpired term ending September 1,2006. The Mayor declared the motion carried unanimously, 6/0, Wilburn abstaining. The Mayor noted the previously announced vacancies: 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 to fill six-year terms July 1,2005 - July 1,2011. Applications must be received by 5:00 p.m., Wednesday, May 11, 2005. Telecommunications Commission to fill an unexpired term ending March 13, 2006. Applications must be received by 5:00 p.m., Wednesday, June 1,2005. [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 Elliott noted the recent arrival of Kate Madelyn to the Dover Street Neighborhood. Council Member Champion encouraged citizens to attend presentation Friday evening at the Englert regarding Historic Preservation. Mayor Pro tem Wilburn noted the community involvement in Iowa City, especially noting the PIN Grant presentations earlier in the evening; the Crisis Center Breakfast; and the Youth Human Rights Awards. Council Member Bailey noted the PIN Grant in bloom in the North Market Square neighborhood with the daffodils; reminded everyone of the Project GREEN plant Sale on May 7. City Clerk Karr reminded Council and the public of the special formal meeting on Friday, May 6, noting agenda materials will be available after 3:00 p.m. on Wednesday, May 4. Moved by Bailey, seconded byVanderhoef, to adjourn meeting at 8:30 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council M,e.,~mbers p. resent.~ '~rr~t W. Lehman, ~ayor Ma~an K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/18/05 Iowa City City Council, special meeting, 8:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded that the ordinance 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 given first vote. The Mayor declared the motion carried. Moved and seconded to adjourn to executive session to discuss as public employer strategy regarding collective bargaining with city employee organizations; as such discussion is exempt from the provisions of Chapter 21. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 8:12 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk ~ . Submitte~for publication - 4/20/05. *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. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 4/19/05 * Iowa City City Council, regular meetir~g, 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. Absent: Wilburn. 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 Students: Caitlin Clougherty, Karl Fleener. 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 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 #52, 25 W. Burlington St. Renewal: Class C Liquor License for College Street Billiard Club, 114-116 E. College St.; Class C Liquor License for Lark Restaurant, 1069 Hwy 1 West.; Class C Liquor License for Sams Pizza lC, Inc., 321 S. Gilbert St.; Class E Liquor License for Liquor House, 326 S. Clinton St.; Class C Beer Permit for DeliMart #3, 2410 Mormon Trek Blvd; Class C Beer Permit for Suburban Amoco-Keokuk Street, 1905 Keokuk St. Motions: Approve disbursements in the amount of $9,651,946.53 for the period of March I 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 FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR MAY 3, 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 - 4/19/05 Iowa Iy City Council, regular meeting, at City Hall. Mayor Lehman presiding. Council Bailey, Champion, Elliott, Lehman, O'Donn Vanderhoef. Absent: The Mayor ~imed: Cover the Uninsured Week May 1-8, Barbara Stannard accepting; Fair Month -April 2005, Bruce Ray, Iowa HUD rector accepting; Global Love Day - May 1, ~haron Thomas accepting; National Vol, Appreciation Week - April 1'7-23, 2005, Shane Volunteer Administration accepting; Arbor Day - April 29, 2005, Terry City Parks & Forestry accepting. The Mayor presented Student Citizenship irds to Helen Lemme Elementary Students: Caitlin iherty, Karl Fleener. Moved and seconded that following items and re, ~mendations in the Consent Calendar be received, or approved, nd/or adopted as ded and to delete for separate consideration 4f(1 ) Removal of No mg signs on Streeti Approval of Council Actio subject to as recommended by the City Clerk. April 4, Regular Work April 5, Regular Council Formal Official and Complete. Receive and File Minutes of Commissions (any recommendations contained in minutes become effective )on separate Council action): Public Art Advisory Committee - March 2, 2005; PI ~ing and Zoning Commission - March 17, 2005; Telecommunications - January ~5; Telecommunications - February 28, 2005; Telecommunications - March 'ks & Recreation - February 16, 2005. Permit Motions and Resoluti as mended by the City Clerk. New: Class B Wine Permit for Kum & #52, 25 W. rlington St. Renewal: Class C Liquor License for College Stre ~rd Club, 16 E. College St.; Class C Liquor License for Lark Restaurant Hwy 1 West.; s C Liquor License for Sams Pizza lC, Inc., 321 S. Gilbef Class E Liquor ~e for Liquor House, 326 S. Clinton St.; Class C Beer DeliMart #3,241 'mon Trek Blvd; Class C Beer Permit Amoco-Keokuk Street, 1905 )kuk St. Motions: A disbursements in the amount ;9,651,946.53 for the period of March 1 through 31,2005, as recommended by e Finance Director subject to audit. ~ , Setting a lblic Hearing: Set a public hearing for May'~, 2005 regarding Iowa City s FY06 Ar71 ~al Action Plan, that is a sub-part of Iowa City',~ 2006-2010 Cons~)lidat~ /PI n (a.k.a. City Steps); RES. 05-138, INTENT T~ CONVEY A SINGLE FAMILY H( /IE LOCATED AT 145 SOUTH WESTMINSTER S-I~EET TO A PUBLIC HOUSIN, ~OGRAM TENANT AND SETTING A PUBLIC HEAF~NG FOR MAY 3, Official Actions April 19, 2005 Page 2 2005; RES. 05-139, INTENT TO CONVEYA 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 ATHIRTY (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, Marl 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 included]; Water Tower letters from Reece Lea Conrad, Paul A. Forges (x2), [Staff Official Actions April 19, 2005 Page 3 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. The Mayor declared the motion carried. Moved and seconded 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. 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 reported 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 and seconded 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. 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. Moved and seconded 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. 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 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 given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 05-149, APPROVING THE FINAL PLAT OF J JR DAVIS SECOND ADDITION, IOWA CITY, IOWA. Official Actions April 19, 2005 Page 4 Moved and seconded to adopt RES. 05-150, APPROVING THE FINAL PLAT OF J JR DAVIS THIRD ADDITION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 05-151, APPROVING THE PRELIMINARY AND FINAL PLAT OF ASHTON PLACE, IOWA CITY, IOWA. A public hearing was held on a resolution amending the FY2005 Operating Budget. Moved and seconded to adopt RES. 05-152, AMENDING THE FY2005 OPERATING BUDGET FOR THE FISCAL YEAR ENDING JUNE 2005. 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. Moved and seconded 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. 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. Moved and seconded 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 BED SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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. Moved and seconded 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. 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). Moved and seconded to adopt RES. 05-156, ASSESSING A $300.00 CIVIL PENALTY AGAINST CIGARETTE OUTLET #18. Moved and seconded to adopt RES. 05-157, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLONIAL LANES. 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). Official Actions April 19, 2005 Page 5 Moved and seconded to adopt RES. 05-158, ASSESSING A $300.00 CIVIL PENALTY AGAINST JORDAN VALLEY MARKET. Moved and seconded to adopt RES. 05-159, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Lauren McCarthy (2), Austin Baeth, and Jeremy Schreiber. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. 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. 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. Official Actions April 19, 2005 Page 6 Moved and seconded 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. Moved and seconded to adopt RES. 05-161, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2005 ASPHALT RESURFACING PROJECT. Moved and seconded 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. The Mayor noted the current vacancy: Telecommunications Commission to fill an unexpired term ending March 13, 2006. Applications must be received by 5:00 p.m., Wednesday, June 1,2005. Moved and seconded to accept correspondence from Kimberly Thrower. The Mayor declared the motion carried. 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.] Moved and seconded to adjourn meeting at 8:00 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. Karr, City Clerk Submitted for ptJblica[i6fi - 4/27/05. A - , 4a(1 Date: April 18, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 18, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Kart, Franklin, Jensen, Rocca, Mansfield Tapes: 05-26, Both Sides (A complete transcription is available in the City Clerk's Office) AGENDA ITEMS 1. (Agenda Item # 7 - Amending the operating budget) In response to Council Member Bailey, the City Manager stated there were no highlights and nothing was unusual. 2. (Consent Calendar # 4g(1) - Removal of No-Parking Signs on Oakcrest) The Mayor stated the neighborhood had not met on the matter yet and requested another deferral of two weeks. 3. (Agenda Items # 11- Cigarette Outlot # 18, 12 - Colonial Lanes, 13 -Jordon Valley Market and 14 - T & M Mini Mart) In response to Council Member O'Donnell, the city Clerk stated that T & M Mini Mart had paid and no hearing was necessary. 4. (Consent Calendar # 4g(6) - construction on North Dodge) In response to Council Member Vanderhoef, Asst. City Manager Helling stated a response had been sent from Public Works and was included in late handouts that evening. 5. (Item # 22 - license agreement ... public right-of way ... Venuto's World Bistro .... Sidewalk cafG) In response to Council Member Elliott, the City Attorney and City Clerk stated the approval of Council was necessary and could not be administratively approved. 6. (Consent Calendar # 4g(13) - correspondence ... Smoking Issues) Council Member Vanderhoef requested that a blanket email response be sent to the individuals informing them it was a State issues and not a local one. 7. In response to Mayor Lehman, the City Clerk reported that the recommendation from the Economic Development Committee to allocate $34,000 to Extend A Dream would be on the next formal agenda (May 3). (Continued after P&Z Matters) Council Work Session April 18, 2005 Page 2 PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING 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. (REZ05-00002). B. 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) (Discussed jointly with next item.) C. 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 (REZ04-00030) PCD Director Franklin reviewed the conditional zoning agreement provisions and outstanding issues. Atty. Tom Gelman present for discussion. After discussion the Council agreed to allow the developer to escrow $18,000 for seven years and if the sidewalk is not constructed within 7 years the $18,000 contribution would be returned to the developer; if there is a fence that totals more than 150 feet in length on the west boundary of the property - along Kitty Lee Road - it would include design enhancing features at least every 100 feet that would prOvide dimensional and visual interest and require no more than additional expenditure of $7500 per 100 feet unless it is offset by changing the landscaping requirements; and regarding Kitty Lee Road improvement to Lot 1, the City paying 25% of the basic collector street and paying for the over width and 75% of the basic collector street costs would be paid by the developer. Staff will make necessary changes in the CZA and provide to the developer so signatures can be secured and the hearings closed for action Tuesday evening. D. RESOLUTION APPROVING THE FINAL PLAT OF JJR DAVIS SECOND ADDITION, IOWA CITY, IOWA. (SUB05-0000'I) E. RESOLUTION APPROVING THE FINAL PLAT OF J JR DAVIS THIRD ADDITION, IOWA CITY, IOWA. (SUB05-00002) Council Work Session April 18, 2005 Page 3 F. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF ASHTON PLACE (SUB05-00007) AGENDA ITEMS (continuedJ 8. (Agenda Item # 7 - Amending the operating budget) In response to Council Member Vanderhoef's questions regarding the lower fund balance, City Manager Atkins and Budget Analyst Mansfield stated the primary reason was bond proceeds and capital project funds. COUNCIL APPOINTMENTS None. FIRE INSPECTOR (IP2 of April 14 Info Packet) Fire Chief Rocca and Fire Marshall Jensen presented information. Majority of Council agreed to the proposal. STAFF ACTION: Proceed as outlined. (Rocca) (Break for formal meeting and executive session; separate agenda and minutes) AFFILIATE FOUNDATION (IP3 of April 14 Info Packet) Majority of Council agreed not to pursue. TELEVISING WORK SESSIONS After discussion a majority of Council did not wish to televise work sessions, but did agree to tape (and show later) the budget CIP presentations and the general overview done by the City Manager. STAFF ACTION: Note taping needs for budget in the fall. (Atkins and Karr) COUNCIL TIME 1. Council Member Champion noted continuous problems with bicyclists on the downtown sidewalks. Majority of Council agreed to increase enforcement and issue tickets, not warnings. 2. Council Member Bailey requested a schedule for street cleaning. 3. Council Member O'Donnell reported congestion on the corner of Dubuque and Church Streets with Cambus turning right and cars attempting to turn left onto Dubuque from Church (bus unable to make the turn with cars backed up). Staff will follow up. Council Work Session April 18, 2005 Page 4 SCHEDULE OF FUTURE PENDING ITEMS None Meeting adjourned 8:20 PM. Work Session Discussion Items - as of 4/18/05 - See Attached Council Work Session April18,2005 Page 5 Work Session Discussion Items - as of 4/18/05 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 Housing Inspector - fee increase Recycling Coordinator CIP reviews Gilbert/Hwy. 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 (?) 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 18, 2005 Iowa City City Council, special meeting, 8:00 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. Council minutes tape recorded on Tape 05-25, Side 2. Moved by O'Donnell, seconded by Bailey, that the ordinance 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 given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Elliott, seconded by Champion, to adjourn to executive session to discuss as public employer strategy regarding collective bargaining with city employee organizations; as such discussion is exempt from the provisions of Chapter 21. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 8:02 p.m.. Council returned to open session 8:10 p.m. Moved by Champion, seconded by Bailey, to adjourn the special meeting 8:12 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk *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 Students: 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 t° 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, LLC, 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 Financ~ 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: Wilbum. Staff members present: Atkins, Helling, Dilkes, Karr, Boelk, O'Malley, [en. Council minutes tape recorded on Tape 05-27; Both Sid~ The Ma, limed: Cover the Uninsured Week May 1-8, 2005, 'bara Stannard accepting; Fair Month -April 2005, Bruce Ray, Iowa HUD accepting; Global Love Day - May 1, 5, Sharon Thomas accepting; National Voluntee )reciation Week - April 17-23, 2005, Orr, Volunteer Administration Resources Arbor Day - April 29, 2005, son, City Parks & Forestry Supe~ The Mayor p £ ~tstanding Student Citizenship Awa~ to Helen Lemme Elementary Students: ougherty, Kad Fleener. Moved by Champion, )nded by O'Donnell, that the fo items and recommendations in the ~iendar be received, or ap and/or adopted as amended and to delete for se consideration 4f(1) of No Parking signs on Oakcrest Street: Approval of Council 5, subject to as recommended by the City Clerk. April 4, Regular Work April 5, Regular Council Formal Official and Complete. Receive and File Minutes of ~issions (any recommendations contained in minutes become separate COuncil action): Public Art Advisory Committee - March 2, 2005; PI~ lng and Zoning Commission - March 17, 2005; Telecommunications - January 24 )5; Telecommunications - February 28, 2005; Telecommunications - March 8, arks & Recreation - February 16, 2005. Permit Motions and Resolutio~ by the City Clerk. New: Class B Wine Permit for Kum & Go dba & Go #52, 25 W. Burlington St. Renewal: Class C Liquor License Daverse II, ;., dba College Street Billiard Club, 114-116 E. College St.; Class uor License for LLC, dba Lark Restaurant, 1069 Hwy 1 ass C Liquor for Sams Pizza lC, Inc., dba Sams Pizza lC, Inc., 321 S. St.; Class E Lic cense for Liquor House, Ltd., dba Liquor House, 326 S. nton St.; Class C Beer t for DeliMart, Corp., dba DeliMart #3, 2410 Blvd; Class C Beer Perm Suburban Investors, LLC, dba Suburban )kuk Street, 1905 Keokuk Motions: Appr disbursements in the amount of $9,651,946.53 for the period of March ~1 through 31, 2005, as recommended by the F~'~,ance Director subject to audit. Setting a Hearing: Set a public hearing for May 3, 2(~5 regarding Iowa City's FY06 al Action Plan, that is a sub-pad of Iowa City's 200'6,-2010 Consolidated (a.k.a. City Steps); RES. 05-138, INTENT TO CONVEY 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, Marl 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 reported 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), 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). 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), C1-1, 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, APPRO¥1NG 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, Wilburn 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 EIliott 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 Page 8 Ernest W. Lehman, Mayor Marian K. Karr, City Clerk