The URL can be used to link to this page

Home My WebLink About2005-05-17 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 17, 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, Shaffer, Knoche. Council minutes tape recorded on Tape 05-31, Side 2; 05-34, Both Sides. The Mayor proclaimed: Historic Preservation Month - May 2005, Tim Weitzel, Acting Chair Historic Preservation Commission accepting. Moved by Bailey, seconded by Champion, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 2, Regular Council Work Session; May 3, Regular Council Formal Official and Complete; May 6, 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): Public Library - March 24, 2005; Public Library - February 24, 2005; Telecommunications Commission - April 18, 2005; Historic Preservation Commission - March 10, 2005; Historic Preservation Commission - April 14, 2005; Public Art Advisory Committee - April 7, 2005; Planning and Zoning Commission -April 21,2005; Board of Appeals - January 10, 2005; Police Citizens Review Board - March 8, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Pershell, Corp., dba Colonial Lanes, 2253 Highway 218 S.; Class C Liquor License for Grain Enterprises, LLC, dba Siren, 124 S. Dubuque St.; Class C Liquor License for Linn Street Caf6, Inc., dba Linn Street Caf6, Inc., 121 N. Linn St.; Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss Street.; Class B Wine Permit for Linn Street Caf6, Inc., dba Linn Street Caf6, Inc., 121 N. Linn St.; Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St.; Temporary Transfer of Special Class C Liquor License for Riverside Theatre dba Riverside Theatre. (City Park/Riverside Festival Stage 6/13- 9/26); Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 First Ave. S.; Class C Beer Permit for Suburban Investors, LC, dba Suburban BP AMOCO, 370 Scott Court; Class C Beer Permit for Nordstrom Oil Co. dba Dubuque Street HandiMart, 204 N. Dubuque St. New: RES. 05-178, TO ISSUE CIGARETTE PERMIT to La Reyna, Inc., dba La Reyna, 1937 Keokuk Street. Motions: approve disbursements in the amount of $10,775,881.44 for the period of April 1 through April 30, 2005, as recommended by the Finance Director subject to audit. Resolutions: RES. 05-179, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO 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; RES. 05-180, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 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 17, 2005 Iowa City City Jncil, regular meeting, at City Hall. Mayor Lehman pre,, Council Members Bailey, Champion, Elliott, Lehman, O'Donnell, Vane Wilburn. Absent: None. members present: Atkins, Helling, Dilkes, Karr, Shaffer, Knoche~ Council Jtes tape recorded on Tape 05-31, Side 2; Both Sides. The Mayor r listoric Preservation Month - May 2005, Acting Chair Historic Preservation ~ission accepting. Moved by Bailey, sE ,y Champion, that the following item recommendations in the Consent ;ndar be received, or approved, pted as amended: Approval of Council subject to corrections, a,~ by the City Clerk: May 2, Regular rk Session; May 3, lular Council Formal Official and Complete; May 6, Council Formal and Complete. Receive and File Minutes of rds and Commis., (any recommendations contained in minutes become effective y upon sepa Council action): Public Library - March 24, 2005; Public L - Febr 24, 2005; Telecommunications Commission - April ,ric Preservation Commission - March 10, 2005; Historic Preservation ]ri114, 2005; Public Art Advisory Committee - April 7, 2005; Planning Commission - April 21,2005; Board of Appeals - January 10, 2005; Police Ci ~ns Review Board - March 8, 2005. Permit Motions and Resolutions as by the City Clerk. Renewal: Class C L!quor License for Pershell, Corp.,, iai Lanes, 2253 Highway 218 S.; Class C Liquor License for Grain EnterprL~ LLC, Siren, 124 S. Dubuque St.; Class C Liquor License for Linn Street C; Inc., dba n Street Cafb, Inc., 121 N. Linn St.; Class C Liquor License for Ke] Inc., dba Vine Tavern & Eatery, 330 E. Prentiss Street.; Wine Permit for Street Cafb, Inc., dba Linn Street Cafe, Inc., 121 N. Linn Special Class C Lic License for Riverside Theatre dba Riverside Theatre, 21 Gilbed St.; Tern Fransfer of Special Class C Liquor License for River e Theatre dba Riverside (City Park/Riverside Festival Stage - 9/26); Class C Liq for Quzer, Inc., dba Shakespeare's, 819 First Class C Beer Permit fo in Investors, LC, dba Suburban BP AMOCO Court; Class C Beer Permit ~r Nordstrom Oil Co. dba Dubuque Street 204 N. Dubuque St. New: .__~ 05-178, TO ISSUE CIGARETTE PF__/! iT to La Reyna, Inc., dba La Reyna, 193'~Keokuk Street. Motions: a rg~'e disbursements in the amount of $10,775,881.~4 for the period of April 1 through ~'ril 30, 2005, as recommended by the Finance Dire~or subject to audit. Resolutk RES. 05-179, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO 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; RES. 05-180, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED Complete Description May 17, 2005 Page 2 AT 145 SOUTH WESTMINSTER STREET, IOWA CITY, IOWA; RES. 05-181, APPROVING THE DESIGN OF THE SIGNAGE FOR "DICK BLICK ART MATERIALS" ON OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET; RES. 05-182, APPROVING JOB DESCRIPTIONS FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK; RES. 05-183, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST LICENSE AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND ASCAP (AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS) AND THE CITY OF IOWA CITY AND BMI (BROADCAST MUSIC, INC.). RES. 05-184, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 13, 2005 THROUGH SEPTEMBER 24, 2005. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of two YIELD signs at the Ashwood Drive/Glendale Road intersection; JCCOG Traffic Engineering Planner regarding Removal of two Iowa City Transit bus stops from the southeast corner of the intersection of Grand Avenue/South Grand Avenue and from the southwest corner of the intersection of Byington Road/Grand Avenue - Installation of an Iowa City Transit bus stop on the south side of Melrose Avenue near the lot line of 407 Melrose; Neal Daringer regarding FTTH (Opportunity Iowa); Tom Saterfiel regarding Sidewalk Concerns; Todd Eakes regarding Homeless Shelter Location; John Neff regarding Municipal Power Referendum; Correspondence regarding Alcohol from The Stepping Up Project, Johnson County Public Health, Mike Porter [Copies in Information Packet IP3]; Matt Sissel regarding lC Traffic Lights [Staff response included]; Matt Sissel regarding Request for ordinance information [Staff response included]; Correspondence regarding Deer Management from Peter Jochimsen, Alan Nagel (x2); Barbara Thomas regarding Habitat for Humanity Golf Tournament; Jim Swaim regarding Opening of UAY Youth Center; Michael Briggs regarding Banning the use of hand-held cell phones while driving. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for June 7 on an ordinance approving a Sensitive Areas Overlay Zone and a Sensitive Areas Development Plan for MWD Davis Addition (Davis/Menards). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, to set a public hearing for June 7 on an ordinance rezoning approximately 25.67 acres by amending a Planned Development Housing Overlay - Low Density Single Family Residential (OPDH-5) Plan in order to allow additional zero lot line dwellings for property located on Wintergreen Drive (Village Green XXIII and XXIV). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to set a public hearing for June 7 on a resolution approving the annexation of approximately 29.7 acres of territory located north east of Highway 218 adjacent to Deer Creek Road in north west Iowa City (Horton/Clear Creek LLC). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution amending 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 Complete Description May 17, 2005 Page 3 Retail / Community Commercial. The following individuals appeared: Garry Klein, 628 2® Ave.; Shel Stromquist, 316 Myrtle Ave.; Kathy Cochran, 1311 College St.; Tom Baldridge, 915 Oakcrest St.; Caroline Dieterle, 727 Walnut St.; Kelly Kuhn, 1709 H St.; Gary Sanders; Melvin Dvorsky; Mike Carberry, ?029 Friendship St.; Mary Pat Reasoner; Gretta Anderson, 803 S. Lucas St.;Patti Santangelo, 3036 Stanford Ave. Moved by Elliott, seconded by O'Donnell, to adopt RES. 05-185, AMENDING 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. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: O'Donnell, Vanderhoef, Wilburn, Elliott, Lehman. Nays: Bailey, Champion. Absent: None. A public hearing was held on an ordinance conditionally changing the zoning designation of approximately 54 acres from Public/Intensive Commercial (P/CI-1) Zone to Community Commercial (CC-2) Zone for Aviation Commerce Park. The following individuals appeared: Gary Sanders; Kathy Cochran, 1311 College St.; Gretta Anderson, 803 S. Lucas St. Moved by Wilburn, seconded by Champion to adopt the changes in the Conditional Zoning Agreement set forth by the Planning and Zoning Commission. Individual Council Members expressed their views. Harry Wolf, broker representing the Airport Commission and the City Council, appeared. PCD Director Franklin stated the if the Council would be disagreeing with the Planning & Zoning Commission on the conditions, according to previous policy resolution, a joint meeting of the two bodies should be scheduled. After discussion the City Attorney stated that the motion on the floor to approve the conditional zoning agreement as it appears at the present time would fail, and the motion should be withdrawn and a meeting set up with the Planning and Zoning Commission. Wilbum and Champion withdrew motion. Moved by O'Donnell, seconded by Vanderhoef, to continue the public hearing until June 7. The Mayor declared the motion carried, 4/3, with the following show of hands: ayes: Elliott, Lehman, O'Donnell, Vanderhoef. Nays: Bailey, Champion, Wilburn. Absent: None. Council requested a letter from the purchaser regarding their reaction to the conditional zoning agreement, and if favorable no meeting would need to be scheduled with the Planning & Zoning Commission. Council Member Vanderhoef stated she would be suggesting clarification of definition language. Moved by Bailey, seconded by Wilburn, to accept correspondence from Sonia Ettinger, Evan Fales, Thomas Baldridge. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to defer to June 7 the ordinance conditionally changing the zoning designation of approximately 54 acres from Public/Intensive Commercial (P/CI-1) Zone to Community Commercial (CC-2) Zone for Aviation Commerce Park. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, 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-8-18.34 acres), subject to conditions, for property located on south Sycamore Street north of Southpoint Subdivision, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance repealing City Code Title 12, Chapter 4 entitled Broadband Telecommunications Franchise Enabling ordinance and adopting a new Complete Description May 17, 2005 Page 4 Chapter 4. The following individuals appeared: Brett Lord-Castillo, Telecommunications Commission, 214 S. Summit St.; Jim Larew; and Shel Stromquist, 316 Myrtle Ave. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Jim Larew. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Individual Council Members expressed their views. In response to Mayor Lehman, Asst. City Mgr. Helling stated consultant Don Williams, Rice, Williams Associates, will be attending the June 6 and 7 Council meetings to address questions. Moved by Bailey, seconded by Elliott, to continue public hearing to June 7. The Mayor declared the motion carried unanimously,7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to defer to June 7 the ordinance repealing City Code Title 12, Chapter 4, entitled Broadband Telecommunications Franchise Enabling ordinance and adopting a new Chapter 4. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2005 Pavement Replacement for Water Main 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 Wilburn, seconded by O'Donnell, to adopt RES. 05-186, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was held on a resolution assessing a $300.00 Civil Penalty against One- Eyed Jakes, 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. 05-187, ASSESSING $300.00 CIVIL PENALTY AGAINST ONE-EYED JAKES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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. 05-4160, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE H, ENTITLED "SOLID WASTE," SECTION 8, ENTITLED "STORAGE OF SOLID WASTE" BY AMENDING SUBSECTION E, ENTITLED "LOCATION OF SOLID WASTE CONTAINER," AND BY ADDING A NEW SUBSECTION F, ENTITLED "DOWNTOWN SOLID WASTE CONTAINER CODE" TO ESTABLISH A PERMIT SYSTEM FOR STORAGE OF SOLID WASTE CONTAINERS IN THE DOWNTOWN PUBLIC RIGHTS-OF-WAY, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 05-188, ADOPTING PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS INCLUDING PROVISIONS FOR APPLICATION, ISSUANCE, DURATION, INSPECTION, SUSPENSION, Complete Description May17,2005 Page 5 REVOCATION, REMOVAL, FEES, AND INSURANCE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 05-189, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2006 FOR THE CITY MANAGER ($144,414.40), CITY ATTORNEY(S60,440.64 [60% FTE]), AND CITY CLERK ($77,896.00). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 05-190, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2005 DAVENPORT STREET WATER IMPROVEMENTS PROJECT to Lynch's Excavating of West Branch, Iowa, for $146,945. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 05-191, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE GRAND AVENUE IMPROVEMENTS PROJECT to All American Concrete, Inc. of West Liberty, Iowa, for $207,592.90. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to appoint Thomas Martin, 167 Notting Hill Lane and Meredith Rich-Chappell, 911 Rider Street, to the Library Board of Trustees to fill two appointments for six-year terms July 1,2005 - July 1,2011. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that vacancies on the Airport Commission to fill an unexpired term ending March 1, 2008; and 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: Historic Preservation Commission to fill an unexpired term ending March 29, 2008. Applications must be received by 5:00 p.m., Wednesday, June 29, 2005; Airport Commission to fill an unexpired term ending March 1, 2007. Applications must be received by 5:00 p.m., Wednesday, June 29, 2005. Correspondence received from Michelle Robnet. The Mayor noted the previously announced 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; Telecommunications Commission to fill an unexpired term ending March 13, 2008. Applications must be received by 5:00 p.m., Wednesday, June 15, 2005. Council Member Bailey thanked Police Officers Fowler, Huber and Stevens for accompanying her with ride along and walk along police patrols last Friday evening. Mayor Pro tem Wilburn wished Council Member Bailey good luck in her transportation Grand Prix the following day; invited the public to the new United For Action Youth Center at Tower Place; sent get well wished to Ron Hesson who recently had a hip replacement; and congratulated the Iowa City Slammers girls softball team for their second place finish in the Williamsburg tournament last weekend. Council Member Vanderhoef requested Council put on their work session list development of a survey to allow employees to suggest improvements or changes within our Complete Description May 17, 2005 Page 6 organization. The City Manager suggested utilizing the employee newsletter as an instrument. Council Member O'Donnell repeated the need to improve the intersection of Dubuque and Church Streets regarding the stacking up of vehicles behind turning Cambus. The City Manager stated that intersection was on the capital improvements list (CIP). Council Member Champion hoped citizens would take advantage of the house tour planned by the Friends of Historic Preservation at 925 East Washington this weekend; and stated she would be unable to attend because she would be out of day attending the college graduation of her last child after 22 years of having children in college. Council Member EIliott congratulated neighbors in Riverside on getting the gaming commission to allow them to build a casino, resort hotel, and golf course; and requested Council set up a meeting with a senior member of the University staff and City Council to establish a plan of action to deal with alcohol issues. Majority of Council agreed. Mayor Lehman noted the Eastern Iowa Big Kids Toy Show planned at the Iowa City Airport Saturday and Sunday, May 21 and 22; the beginning of the Downtown Friday Night Concert Series on May 20; and Memorial Day observances at Oakland Cemetery, Memory Gardens and the West Overlook. Council Member Vanderhoef noted the ribbon cutting at the Prairie Park at the water plant site last weekend; and stated new Iowa City Trails Maps are available showing bike and walking trails, as well as skateboarding opportunities. Mayor Lehman stated he would not be out of town for the first Council meeting in June; and congratulated Council Member O'Donnell on his decision to run for reelection. Moved by Bailey, seconded by O'Donnell, to adjourn meeting at 9:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council/~r~bers/pre,se.n~ /f~ ~'~r~t W. Lehman', Mayor Ma¥ian K. Ka'rr, City clerk Date: May 2, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 2, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Student Rep: Schreiber Staff: Atkins, Helling, Dilkes, Karr, Klingaman, Winkelhake, Kelsay, Jackson, Nasby Tapes: 05-28 and 05-29, Both Sides (A complete transcription is available in the City Clerk's Office) ALCOHOL ISSUE (IP2 of 4/28 Info Packet) Alcohol Advisory Board Co-Chairs Leah Cohen and Brian Flynn presented information. Police Sgt. Kelsay present for discussion. Majority agreed to schedule another work session for further discussion. STAFF ACTION: Schedule work session. (Karr) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING A PUBLIC HEARING FOR MAY 17TH 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. B. SETTING A PUBLIC HEARING FOR MAY 17TH ON AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 54 ACRES FROM PUBLIC/INTENSIVE COMMERCIAL (P/CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED ON RUPPERT ROAD. (REZ05-00004) C. 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-8-18.34 ACRES), SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON SOUTH SYCAMORE STREET EAST OF NORTH OF SOUTHPOINT SUBDIVISION. (Brookwood Pointe) Council Work Session May 2, 2005 Page 2 D. 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-I, RURAL RESIDENTIAL (APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KI'I-rY LEE ROAD (REZ04-00030) (SECOND CONSIDERATION) (DEFERRED FROM 3/22, 4~5) PCD Director requested Council ignore the request for expedited action as third reading of the ordinance can not come before the annexation is approved by the City Development Board at the state. PIN GRANTS (Aqenda item # 13) Neighborhood Services Planner Klingaman noted that the Longfellow Neighborhood Association request for sidewalks had been withdrawn. She requested the resolution be deferred to June 7 to allow the Neighborhood Council to make a recommendation for re-allocation of the $2000. Majority agreed to defer. CDBG/HOME (Agenda Items # 9 and # 11) Mayor Pre tem Wilburn left the table due to a conflict of interest. Community and Economic Development Coordinator Nasby present for discussion. Majority agreed to schedule discussion on the waiver of the investment policy for a later time and proceed with funding as proposed by HCDC and shown in the Annual Action Plan. STAFF ACTION: Revise resolution to approve funding and not terms and prepare information regarding investment policy for future meeting. (Dilkes and Nasby) Mayor Pro tern Wilburn returned. COUNCIL APPOINTMENTS Planning and Zoning Commission - appoint Terry Smith Mayor Pro rem Wilburn left the table due to a conflict of interest. Housing and Community Development Commission - appoint Michael Shaw Mayor Pro tern Wilburn returned. DEER TASK FORCE (IP3 of 4/28 Info Packet) Council reviewed information provided in the packet. Majority were not interested in pursuing deer hunting with bow and arrow in the City limits. Council Work Session May 2, 2005 Page 3 AGENDA ITEMS 1. (Agenda item # 15 - resolution .... 28E agreement ... Clear Creek, LLC ... Southgate Development ... Iowa City ... Coralville ... Iowa City Community School District ... Camp Cardinal Road) City Atty. Dilkes noted the error in the agenda comment and stated that the 1/16th percentage figure should be deleted and a figure of $56,000 be inserted. 2. (Consent Calendar # 4f(1) - Oakcrest Parking ) After discussion, a majority agreed to delete the item for separate consideration, and then vote it down (retaining the present No Parking signs) until such a time that the majority of the neighborhood decides what they what to do. COUNCIL TIME 1. Mayor Lehman stated Johnson County has notified staff of their intention to review the present Fringe Area Agreement and stated he and Mayor Pro tem Wilbum would be representing the Council in the discussions. 2. Council Member O'Donnell reported that the Mayor was unable to throw out the first pitch for a Regina baseball game the previous week and that he explained the situation to the organizers. 3. Council Member Bailey noted the boards and commissions application could now be completed on line and suggested the City make PIN grant and CDBG grant application available on line as well to assist with illegibility issues. SCHEDULE OF FUTURE PENDING ITEMS Council Members requested that the "alcohol issues" item be retained for further discussion, and requested the addition of the possible combining if the City and County Assessor office. Meeting adjourned 8:00 PM. Work Session Discussion Items - as of 5~02~05 - See Attached Council Work Session May 2, 2005 Page 4 Work Session Discussion Items - as of 5/02/05 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 Budget Housing Inspector- fee increase Recycling Coordinator CIP reviews GilbertJHwy. 6 Restroom-Festival Stage Railroad Overpass - 1st & 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 Burlington Street Traffic (JCCOG) PCRB Review (prior to August 2005) Downtown Loading Zones Goal Session (?) City Assessor (possible joint with County) *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 - 5/3/05 * Iowa City City Council, regular meeting, 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present. Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed: 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 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 ) 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 and 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 Comr,'~unity 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 Rick's Grille & Spirits, 1705 S First Ave.; Class A Liquor License for Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.; Class C Beer Permit for 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. The cost of publishin the following proceedings and claims is $ Cumulative cost calendar year for said publication is $ FICIAL COUNCIL ACTIONS - 5/3/05 Iowa City City Coun¢ ular meeting, at City Hall. Mayor Lely'man presiding. Council Members present. F Champion, Elliott, Lehman, O'Do~nell, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed: Observance of the Ending of ~e Vietnam War - May 7, 2005, Capt. Jason Montgomery John Mikelson, County Mil Affairs Association accepting; Senior Citizens' Month ay 2005, Dr. June accepting; Bicycle Month - May 2005, Mark Wyatt, (BIC) of Iowa City acce~ Police Week-May 15-21, 2005 & Peace Officers' Memorial ay 15, 2005; Neu ~romatosis Awareness Month - May 2005, Dr. Adam Kanis, Childrens' ~pital of Iowa JIHC accepting. The Mayor present Outstanding lent Citizen Awards to Longfellow Elementary students: Kelsey Coleman, Rachel Fobian ;ider. Moved and seconded that the recommendations in the Consent Calendar be received, or approved, and/or as amended and to delete for separate consideration 4f(1) JCCOG Changing of No ~g signs on south side of Oakcrest Street: Approval of Council Actions, sul: corrections, as recommended by the City Clerk: April 18, Special Council .sion; April 18, Regular Council Formal Official and Complete ;April 19, Re~lar ~il Formal Official and Complete. Receive and File Minutes ozf/Boards '~ommissions (any recommendations contained in minutes become eff/~ctive only ~n~separate Council action). Human Rights Commission - January ,25, 2005; Parks an~Recreation Commission - March 9, 2005; Housing and Commun,~ Development (:::omr~ission - March 10, 2005; Housing and Community Developm?flt Commission - March ~' 2005; Planning and Zoning Commission - April 7, 200/5; Senior Center Cc -nmis'~ - March 15, 2005; Telecommunications C~-nmission - March 28. 2005. Pei'mit Motions/~nd Resolutions as by the City Clerk. Renewal: Class C Liquor Lice,c~se for Rick's Grille & Spirits, 1705 first Ave.; Class A Liquor License for Loyal ~rder of Moose Lodge #1096, 3151 I ~6 E.; Class C Beer Permit for Goosetown I~rket, Inc., 600B N. Dodge St. \. Setting,,a'Publ? Hearing: RES. 05-163, SETTING A F~, BLIC HEARING ON MAY 17, 20~5 ON PLANS, SPECIFICATIONS, FORM OF O~ONTRACT, AND ESTIMATE/OF COST FOR THE CONSTRUCTION OF THE 2(~.~ 05 PAVEMENT REPLACE/MENT FOR WATER MAIN PROJECT, DIRECTING'CITY CLERK TO PUBLIS~'t NOTICE OF SAID HEARING, AND DIRECTING THE~'~CITY ENGINEER TO P~/~CE SAID PLANS ON FILE FOR PUBLIC INSPECTION;~,et a public hearing for May 17, 2005 for an ordinance repealing City Code Title 12, O\hapter 4 entitled Official Actions 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- Mart; 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]. The Mayor declared the motion carried. Moved and seconded 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 declared the motion defeated. 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 for the Extended Retail Night premiering May 20 in conjunction with the Friday Night Concert Series. Official Actions May 3, 2005 Page 3 Moved and seconded to set a public hearing for May 17th 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. Moved and seconded to set a public hearing for May 17th on an ordinance conditionally changing the zoning designation of approximately 54 acres from Public/Intensive Commercial (P/CI-1) Zone to Community Commercial (CC-2) Zone for property located on Ruppert Road. The Mayor declared the motion carried. 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-5-10.92 acres) and part Medium Density Single Family Residential Zone (RS-8- 18.34 acres), subject to conditions, for property located on south Sycamore Street east of north of Southpoint Subdivision. Developer Steve Kohli appeared. Moved and seconded to accept correspondence from Steve Kohli. The Mayor declared the motion carried. Moved and seconded 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- 18.34 acres), subject to conditions, for property located on south Sycamore Street east of north of Southpoint Subdivision, be given first vote. 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), 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, be given second vote. 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. Moved and seconded to adopt RES. 05-167, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1905 California Avenue to a public housing program tenant. Moved and seconded to adopt RES. 05-168, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1905 CALIFORNIA AVENUE TO A PUBLIC HOUSING PROGRAM TENANT. Mayor Pro tem 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 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. The following individuals appeared: Matt Hayek, Chair of the Housing and Community Development Commission (HCDC); Chadie Eastham, President Official Actions May 3, 2005 Page 4 of the Greater Iowa City Housing Fellowship Board, 37 Colwyn Ct.; Mark Patton, Executive Director of the Iowa Valley Habitat for Humanity. Moved and seconded 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. Moved and seconded 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. Mayor Pro tem Wilburn returned to the meeting. Moved and seconded 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. The Mayor declared the motion carried. Mayor Pro tem Wilburn left the meeting due to a conflict of interest. Moved and seconded 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. Mayor Pro tern Wilburn returned to the meeting. Moved and seconded 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. Moved and seconded 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 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, 725 W. Benton St.; Marilyn Belman, Galway Hills, 3455 Killarney Rd.; Don Anciaux, Wetherby Association, 2119 Russell Dr. Moved and seconded to defer the resolution until June 7. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to accept correspondence from Jean Walker. The Mayor declared the motion carried. Moved and seconded 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 Official Actions May 3, 2005 Page 5 DEDICATION OF A SCHOOL SITE IN CONNECTION WITH THE PROJECT TO JOINTLY CONSTRUCT CAMP CARDINAL ROAD. Moved and seconded to adopt RES. 05-174, RECOMMENDING THE AWARD OF A CONTRACT BY THE CITY OF CORALVILLE FOR CONSTRUCTION OF THE CAMP CARDINAL ROAD EXTENSION PROJECT. Moved and seconded 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. Moved and seconded to adopt RES. 05-176, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA CONTRACT FOR CONSTRUCTION OF THE MEADOW STREET BRIDGE REPLACEMENT AND DOVER STREET DRAINAGE BASIN IMPROVEMENTS PROJECT [BROS-3715(626)--8J- 52]. Moved and seconded 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. Mayor Pro rem Wilburn abstained due to a conflict of interest. Moved and seconded 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. 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.] Moved and seconded to adjourn meeting at 8:30 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 C. lerk~,, · Submitted for publication - 5/12/05. *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- 5/6/05 * Iowa City City Council, special meeting, 8:30 a.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 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. 05-4159, 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 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 ordinance amending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste," Section 8, entitled "Storage of Solid Waste" by amending Subsection E, entitled "Location of Solid Waste Container," and by adding a new Subsection F, entitled "Downtown Solid Waste Container Code" to establish a permit system for storage of solid waste co,~tainers in the downtown public rights-of-way, be given first vote. The Mayor declared the motion carried. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adopt RES. 05-177, RATIFYING SETTLEMENT OF PENDING LITIGATION. The Mayor declared the motion carried. Moved and seconded to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to those individuals' reputations and those individuals requested a closed session. The Mayor declared the motion carried. The Mayor noted the current vacancy: Telecommunications Commission to fill an unexpired term ending March 13, 2008. Applications must be received by 5:00 p.m., Wednesday, June 15, 2005. 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 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 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- 5/6/05 Iowa City City Council, special meeting, at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. ;nt: None. nd seconded that the rule requiring ordinances to be considered and voted on for assage at two Council meetings pr or to the meeting at which it is t° be finally passed ~uspended, the second con.' land vote be waived, and that ORD. 05-4159, )lNG TITLE 10 OF THE CITY CC E, ENTITLED "USE OF PUBLIC WAYS AND )PERTY," CHAPTER 3, _ED "COMMERCIAL USE OF SIDEWALKS," 5 ENTITLED "TEMPORA USE OF SIDEWALK PERMITS" TO ALLOW FOR THE ;IAL USE OF S _KS DURING THE HOURS OF THE FRIDAY NIGHT SERIES, voted on for final passage at this time. The Mayor declared the motion ~d. ~nd seconded that the ordinance be finally adopted at this time. Moved and seconded that ce amending Title 14, entitled "Unified Development Code," Chapter 3, Utilities," Article H, entitled "Solid Waste," Section 8, entitled "Storage of Solid W. by amending Subsection E, entitled "Location of SOlid Waste Container," ~dding a new Subsection F, entitled "Downtown Solid Waste Container ( Ide" to e"sta51ish a permit system for storage of solid waste containers in the dc,, ~¢ fn public ri~ts-of-way, be given first vote. The Mayor declared the motion c Moved and seconded to ['djou 'n to executive"~ession to discuss strategy with counse n matters that are I; ;ntly in litigation or wh~r,.e litigation is imminent where its disclosure would be likely to udice or disadvantage th~ position of the governmental body in that litigation. The declared the motion ca'~ied. Moved and to adopt RES. 05-177, RATIFY~I.G SETTLEMENT OF PENDING LITIGATION. Mayor declared the motion carriec¥..., Moved and ed to adjourn to executive session to e~luate the professional competen( of individuals whose appointment, hiring, 'performance or discharge is being cor ;red when necessary to prevent needless ahd irreparable injury to those individ reputations and those individuals requested a.closed~ session. The Mayor declared motion carried. ~"~ The Mayor n the current vacancy: Telecommunications Commission to fill an unexpired term ent 3g March 13, 2008. Applications must be received by 5:0Q, p.m., Wednesday, June 5, 2005. The Ma' the previously announced vacancies: Airport Commission to fill an unexpired te~ ending March 1,2008; Airport Zoning Brd of Adjustment to fill an unexpired term December 31,2006; Library, Board of Trustees to fill two six- year terms Jul, 1,2005 - July 1,2011. Applications must be received by 5:00 p.m., Wednesday, ay 11,2005. Telecommunications Commission to fill an unexpired term Official Actions May 6, 2005 Page 2 ending March 13, 2006. Applications must be received by 5:00 p.m., Wednesday, June 1,2005. Moved and seconded to adjourn meeting at 11:40 a.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 , Submitt~d for publication - 5/11/05. *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. 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, Gar~non. Council minutes tape recorded on Tape 05-30, Both Sides. The Mayor pro~Jlaimed: 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, 2OO5 Iow~..~ity City Council, regular meeting, at City Hall. Mayor Lehman Council Members pres,.ent. Bailey, Champion, Elliott, Lehman, O'Donnell, ~/anderh( Wilburn. Absent: None. Staff m~r~.bers present: AtkinS, Helling, Dilkes, Karr, Franklin, ,N.a,2st~ Rackis, Klingaman, Black, Gannon.~n. Ce.unciluncil minutes tape recorded on Tape 05-30, Both Si¢es The MaYorpr"~/aimed: 30th Observance of the Ending of the V./iGtnam War-May 7, 2005, Capt. Jason Mo, n, t,g o_ ,m, _e~ a, nd John Mikelson, County Military Affairs/Associal on accepting; Senior Citizens' Month - May 2005, Dr. June Braverman acceptingz'Bicycle Month - May 2005, Mark W,yatt, (BIC) Bicyclists~f Iowa City accepting; Police We~k-~,lay 15-21, 2005 & Peace Officers Memorial Day-May 1~ 2005; Neurofibromatosis Awar~f~ess Month - May 2005, Dr. Adam Kanis, Childrens' HospitaPo,.f Iowa at UIHC accepting. / The Mayor present Outstan~j,,ng Student Citizenshi.p~vards to Longfellow Elementary students: Kelsey Coleman, Rachel F~ian, Clairee Schnei/d'er._ _. Moved by Champion, seconded"b,y O'Donnell, tha, t'the following items and recommendatio-ns in the Consent Caleno~ be reo ' 'or approved, and/or adopted as amended and to del~':.te for separate consid"ef, ation JCCOG Changing of No Parking signs on south side of Oakcrest Street: Approval of Council Actions, sub corrections, as recommended by the City Clerk: April 18, Special Council Wot April 18, Regular Council Formal Official and Complete; April 19, Regul ~cil Formal Official and Complete. Receive and File Minutes of B ,mmissions (any recommendations contained in minutes become only upo ,arate Council action). Human Rights Commission - January 25, Parks ~tion Commission - March 9, 2005; Housing and Community ,ment :sion - March 10, 2005; Housing and Community Developmenl ommission ~ March Planning and Zoning Commission - April 7, 2005; ;nior Center March 15, 2005; Telecommunications Comr - March 28, 2005. Permit Motions an~ ;olutions as Recommended b~the City Clerk. Renewal: Class C Liquor License~ ;a's, LLC, dba Pick's Grille & ~;~its, 1705 S First Ave.; Class A Liquor Licens~'fc Iowa City Lodge #1096 Loyal Order~f Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.; Class C Beer Per~it for Goosetown Market, Inc., dba C.-~osetown Market, Inc., 600B N. Dodge St. Setting~a F,~blic Hearing: RES. 05-163, SETTING A PUBLIC I%.EARING ON MAY 17, 2005/~N PLANS, SPECIFICATIONS, FORM OF CONTRAGkT, AND ESTIMATE O~/COST FOR THE CONSTRUCTION OF THE 2005 PAVL~/1ENT · REPLACEMENT FOR WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH ~_ .T!_CE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO F'I.I - SAID PLANS ON FILE FOR PUBLIC INSPECTION; set a public t~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- Mart; 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 Bur-ford, 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 17th 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 17th on an ordinance conditionally changing the zoning designation of approximately 54 acres from Public/Intensive Commercial (P/CI-1) 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-5-10.92 acres) and part Medium Density Single Family Residential Zone (RS-8-18.34 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-8-18.34 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 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, 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 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 by Wilburn, seconded by Bailey, to adopt RES. 05-167, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 145 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 1905 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 1905 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 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. The following individuals appeared: Matt Hayek, Chair of the Housing and Community Development Commission (HCDC); Chadie 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 tern Wilburn returned to the meeting. Moved by Bailey, seconded by Wilburn, 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 tem 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, 725 W. 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 by Vanderhoef, 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 by Wilburn, seconded by O'Donnell, to adopt RES. 05-174, RECOMMENDING THE AWARD OF A CONTRACT BY THE CITY OF CORALVILLE 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 rem 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 by Vanderhoef, to adjourn meeting at 8:30 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, ontact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 6, 2005 * Iowa City City Council, special meeting, 8:30 a: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 05-31, Side 1. , Moved by Wilburn, seconded by Bailey, that the rule requiring ordi lances to be considered and voted on for final passage at two Council meetings prior Io the meeting at which it is to be finally passed be suspended, the second consideratioll and vote be waived, and thst ORD. 05-4159, AMENDING TITLE 10 OF THE CITY C()DE, 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 (:~F SIDEWALKS DURING THE HOURS OF THE FRIDAY NIGHT CONCER¥ SERIES, be voted on for final passage at this time. Affirmative roll call vote unanimoL s, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilbum, seconded by Vanderhoef, that the ordinance be finally adopted at this tirr~e. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor d ~clared the ordinance adopted. Moved by Champion, seconded by O'Donnell, that the ordinance tmending Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities;," Article H, entitled "Solid Waste," Section 8, entitled "Storage of Solid Waste" by arr ending Subsection E, entitled "Location of Solid Waste Container," and by adding a new Subsection F, entitled "Downtown Solid Waste Container Code" to estab ish a permit system for stors, ge of solid waste containers in the downtown public rights-of-way, be given first vote.~ Individual Council Members expressed their views. Affirf ~ative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvanlage the position of the governmental body in that litigation. Affirmative roll call v(4e unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 8:40 a.m. Council returned to open session 8:50 a.m. Moved by Champion, seconded by Elliott, to adopt RES. 05-177, RATIFYING SETTLEMENT OF PENDING LITIGATION, Galbreath for $360,000. Affirmative roll call vote unanimbus, 7/0, all Council Members present. The Mayor declared t~e motion carried. Moved by Vanderhoef, seconded by O'Donnell, to adjourn to executive session to evaluate the .i)rofessional competency of individuals whose appointmffnt, hiring, performance or'discharge is being considered when necessary to prevent needless and irreparable injury to those individuals' reputations and those individuals requested a closed session. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 8:51 a.m. / Subject to change as finalized by the City Clerk. For a final official copy, co~tact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 6, 2005 Iowa City Council, special meeting, at City Hall. Mayor Lehman Council present: Bailey, Champion, Elliott, Lehman, O'Donnell, Wilburn. one. Staff members present: Atkins, Helling, Dilkes, K Council minutes tape on Tape 05-31, Side 1. Moved seconded by Bailey, that the rule requiring o ~nces to be considered and voted for final passage at two Council meetings p~ the meeting at which it is to be ~ssed be suspended, the second conside ~nd vote be waived, and that ORD. 59, AMENDING TITLE 10 OF THE C )E, ENTITLED "USE OF WAYS AND PROPERTY," CHAPT 3, .ED "COMMERCIAL USE OF ," SECTION 4, ENTITLEI USE OF SIDEWALK PERMITS" FOR THE COMMERC ,L USE SIDEWALKS DURING THE iRS OF THE FRIDAY NIGH' ;ONCERT be voted on for final passage at this ime. Affirmative roll call .~ unanimous 7/0, all Council Members present. The ~r declared the motior ~rried. Move( byWilburn, seconded by Vanderhoef, that the be finally at this time Affirmative roll call vote unanimous, 7/0, all :il Members The Mayor dec lared the ordinance adopted. Moved by Champion, O'Donnell. the ordinance lending Title 14, entitled "Unified Development Code itled "City Utilities Article H, entitled "Solid'Waste," Section 8, entitled of Waste" by Subsection E, entitled "Location of Solid '," and by adding new Subsection F, entitled "Downtown Solid Wa.~ ;ontainer Code" to h a permit system for storage of solid waste containers downtown public rights- be given first vote. Individual Council ressed their views. Affirm~ tive roll call vote unanimous, 7/0, all Council The Mayor declared t[ motion carried. Moved by Bailey,-seconded by ~ adjourn to executive 'on to discuss strategy with counsel in that are ~ently in litigation litigation is imminent where its disclosure be likely to or disadvanta le the position of the governmental body that litigation, ve roll call unanimous, 7~0, all Council Members present Mayor ihe motion carried adjourned into executive sessior a.m. Council returned to opel ;ssion 8:50 a.m. Moved by Champion, by Elliott, to adopt ES. 05-177, :YING SETTLEMENT OF _ITIGATION, Galbreath for ~ ;0,000. Affirm roll call vote unanimous, 7/0, all Co ~cil Members present. The Ma, 'declared thc motion carried. Moved by Vande~ seconded by O'Donnell, to to execu ive session to evaluate the competency of individuals whose a hiring, performance or disch e is being considered when n less and irreparable injury to ~se individuals' reputations and those individuals uested a closed session. 'mative roll call vote unanimous, 7/0, all Council Meml .ers present. The Mayor dec the motion carried and adjourned into executive sess 8:51 a.m. Complete Description May 6, 2005 Page 2 Council returned to open session 11:38 a.m. The Mayor noted the current vacancy: Telecommunications Commission to fill an unexpired term ending March 13, 2008. Applications must be received by 5:00 p.m., Wednesday, June 15, 2005. 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 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. Moved by Elliott, seconded by Bailey, to adjourn meeting at 11:40 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk