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HomeMy WebLinkAbout2005-06-07 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 JUNE 7, 2005 * Iowa City City Council, regular meeting, 7:00 p.m. at City Hall. Mayor Pro tern Wilburn presiding. Council Members present: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Lehman. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin. Council minutes tape recorded on Tape 05-31; Side 2; Tape 05-34; Both Sides. The Mayor proclaimed: Pride Month - June 2005, Mark Dingbaum and Min Dong, Iowa City Pride Committee, accepting. Patty McCarthy, Director of Development for Library and Mike Lensing, President Library Friends Foundation, presented a check for $100,000 to the City as the next installment of the Reaching Heights Campaign. Moved by Bailey, seconded by Vanderhoef, 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 16, Regular Council Work Session; May 17, 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): Parks an~l Recreation Commission - April 13, 2005; Airport Commission - April 14, 2005; Housing and Community Development - April 21, 2005; Board of Adjustment - March 9, 2005; Public Library - April 28, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Wine Permit for Kuru & Go, LC, dba Kum & Go #53, 955 Mormon Trek Blvd. Setting a Public Hearing: set a public hearing at 7:00 p.m. on Tuesday, June 21,2005 to receive public comments regarding an ordinance adopting the 2005 edition of the National Electric Code; RES. 05-192, SETTING A PUBLIC HEARING ON JUNE 21,2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 TRAFFIC SIGNALIZATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 05-193, SETTING A PUBLIC HEARING ON JUNE 21,2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRAC'i', AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MISSING LINK TRAIL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 05-194, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE HIGHWAY 6 IMPROVEMENTS PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT, AND SETTING DATE OF PUBLIC HEARING on July 19, 2005. Subject to change as alized by the City Clerk. For a final official copy, cor ;t the City Clerk's Office 356-5040, 'E DESCRIPTION OF COUNCIL ACTIVITI JUNE 7, 2005 Iowa City City Council, Jlar meeting, at City Hall. Mayor tem Wilburn presiding. Council Members present: Champion, Elliott, O'Donnell, Wilbum. Absent: Lehman. Staff members ;sent: Atkins, Helling, Dilkes, Franklin. Council minutes tape recorded on Tape Side 2; Tape 05-34; Botl ;ides. The Mayor proclaimed: Pride ~nth - June 2005, baum and Min Dong, Iowa City Pride Committee, accepting. Patty McCarthy, Director of )ment for Library Mike Lensing, President Library Friends Foundation, presented ~eck for $100,0, to the City as the next installment of the Reaching Heights Cam in. Moved by Bailey, seconded b that following items and recommendations in the Consent Calendar or approved, and/or adopted as amended: Approval of Council Actions, subje corrections, as recommended by the City Clerk: May 16, Regular Council Work May 17, Regular Council Formal Official and Complete. Receive and File Minutes of Boar Commissions (any recommendations contained in minutes become effective in separate Council action): Parks and Recreation Commission -April 13, 2( Commission -April 14, 2005; Housing and Community Development - Apr ,2005; ~ard of Adjustment - March 9, 2005; Public Library - April 28, 2005. Permit Motions and Resol by the City Clerk. New: Class B Wine Permit for Kum & LC, dba Kum #53, 955 Mormon Trek Blvd. Setting a Public Hearin, a public hearing 7:00 p.m. on Tuesday, June 21,2005 to receive public co regarding an lance adopting the 2005 edition of the National Electric RES. 05-192, SETTING PUBLIC HEARING ON JUNE 21,2005 ON PLAN SPECIFICATIONS, FORM ~F CONTRACT, AND ESTIMATE OF COST F THE CONSTRUCTION OF IE 2005 TRAFFIC SIGNALIZATION PRO DIRECTING CITY CLERK PUBLISH NOTICE OF SAID HEARING, ANI THE CITY E PLACE SAID PLANS ON FILE F( ~UBLIC INSPECTION; RES. 05-193 ;ETTING A PUBLIC HEARING ON JUl 21,2005 ON PLANS, SPEC FORM OF CONTRACT, AI ESTIMATE OF COST FOR THE CONSTF; ICTION OF THE MISSING LINF -RAIL PROJECT, DIRECTING CITY CLERK PUBLISH NOTICE OF SAID AND DIRECTING THE CITY ENGINEER PLACE SAID PLANS ON FOR PUBLIC INSPECTION; RES. 05-194, AU- )RIZING MAILING AND OF NOTICE OF INTENT TO COMMENCE qT PROJECT TO CONSTRUCT THE HIGHWAY 6 PROVEMENTS PROJI~ F AND TO ACQUIRE PROPERTY FOR THE PROJECT, SETTING DATE PUBLIC HEARING on July 19, 2005. Complete Description June 7, 2005 Page 2 Resolutions: RES. 05-195, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS; RES. 05-196, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TWENTY A; RES. 05-197, ACCEPTING THE WORK FOR THE SOUTH GILBERT STREET IMPROVEMENTS - WATER MAIN RELOCATION PROJECT; RES. 05-198, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOT 77, WALDEN WOOD PART 6, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of an Iowa City Transit bus stop at the southeast corner of the intersection of Commerce Drive/Liberty Drive. Move an Iowa City Transit bus stop from the east side of Scott Boulevard at the intersection with Liberty Drive to the north side of Liberty Drive at the intersection with Scott Boulevard; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING STOPPING OR STANDING ANY TIME signs on the west and north side of Heinz Road; JCCOG Traffic Engineering Planner regarding Installation of an Iowa City Transit bus stop in front of 2339 Heinz Road; Brad Franzwa regarding Assistance with the Casino Issue; Wal-Mart letters received from Thomas Baldridge, Bebe Ballantyne; News From NCJRS regarding Justice Resource Update Highlights Missing Childrens Day; David and Valerie Bills regarding Traffic Control [Staff response included]; Thomas H. Gelman regarding Request for increased service of the Westport bus route; Ronald Marr regarding Parking Violation; Mike McCormick regarding Motorcycles with no mufflers [Staff response included]; Jarin Kratzberg regarding City Limits Bowhunting; Tom Saterfiel regarding Sidewalk Concerns [Staff response included]. Helen Burford regarding Channel 4 Schedule of Bob Yapp Presentations [See 5/26 Information packet]; Eric Bauer regarding Memorial Day Garbage Collection [Staff response included]; Bebe Ballantyne regarding Cable; Brian Daniel regarding Memorial Day Baseball Games [Staff response included]; Jim Fruin regarding University of Iowa Parents Association; Joe Kane regarding ICARE 18th Annual Pancake Breakfast June 5; Michael T. Blouin regarding Emergency Shelter Grants Program [Resolution and agreement will be included on upcoming Council agenda]; Randy and Pam Landgrebe: 21 Alcohol Ordinance; Christine Vincent, Debbie Cowherd: Dog Park; Patricia Santangelo regarding Anniversary of the Hunger Site. The Mayor Pro tem repeated the public hearings as set. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro rem declared the motion carried. Jim Clayton, Co-Coordinator of Stepping Up Project, outlined campus, community, and state incentives to address the problem of high risk drinking and second hand effects of the problem. Senior Center Commissioner Sarah Meiers updated Council on activities at the Center. Garry Klein, 628 - 2nd Ave., questioned when the public would have the opportunity to learn more about the candidates for Police Chief. The City Manager outlined the process, and stated Council would be receiving a recommendation from him. Gary Smith, Concerns Chair for the Johnson County Democratic Party, presented a resolution requesting the City Council appoint a subcommittee to evaluate the applications for Police Chief. Moved by Bailey, seconded by Vanderhoef, to accept the resolution. The Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman absent. Complete Description June 7, 2005 Page 3 A public hearing was held on an ordinance approving a Sensitive Areas Overlay Zone and a Sensitive Areas Development Plan for MWD Davis Addition. No one appeared. Moved by O'Donnell, seconded by Champion, that ordinance approving a Sensitive Areas Overlay Zone and a Sensitive Areas Development Plan for MWD Davis Addition, be given first vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the motion carried. A public hearing was held 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). No one appeared. Moved by Champion, seconded by Elliott, to accept correspondence from Thomas Senneff. The Mayor Pro tem declared the motion carried unanimously, 6/0, Lehman absent. Moved by Champion, seconded by Elliott, that 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 XXlll and XXIV), be given first vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro rem declared the motion carried. 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. City Atty. Dilkes and PCD Director Franklin present for discussion. The following individuals appeared: Caroline Dierterle, 727 Walnut; Gary Sanders; John Fleck, 1305 Sundown Ridge; Holly Berkowitz, 612 Granada Ct.; Mary Gravitt, 2714 Wayne #6; Chris Shaffer, 919 E. Market; Gloria Williams; Evan Fails; Zoe Grueskin; Bradley Workman, 2401 Highway 6 East. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by O'Donnell, to accept the Conditional Zoning Agreement as presented. The Mayor Pro tem declared the motion carried, 4/2, with the following voice vote: ayes: Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Bailey, Champion. Absent: Lehman. Moved by Vanderhoef, seconded by Elliott, to accept correspondence from Garry Klein (5), Todd Kruse, Robert Morgan. The Mayor Pro rem declared the motion carried unanimously, 6/0, Lehman absent. (Council recessed to sign Conditional Zoning Agreement.) Pat Lenoche appeared. Moved by O'Donnell, seconded by Vanderhoef, that 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, be given first vote. Individual Council Members expressed their views. The Mayor Pro tern declared the motion carried, 4/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Elliott. Nays: Champion, Bailey. Absent: Lehman. A public hearing was held on a resolution approving the annexation of approximately 29.7 acres of territory located northeast of Highway 218 adjacent to Deer Creek Road in northwest Iowa City (Horton/Clear Creek LLC). No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-199, APPROVING THE ANNEXATION OF APPROXIMATELY 29.7 ACRES OF TERRITORY LOCATED NORTHEAST OF HIGHWAY 218 ADJACENT TO DEER CREEK ROAD IN NORTHWEST Complete Description June 7, 2005 Page 4 IOWA CITY (Horton/Clear Creek LLC). Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, that ORD. 05-4161, 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared ordinance adopted. Moved by Bailey, seconded by Champion, to defer to July 5 an ordinance conditionally changing the zoning designation from County A1 to CC-2, Community Commercial (approximately 16.05 acres), Cl-1, Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres), for property located north of Highway 1, west of Highway 218 and east of Kitty Lee Road. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Moved by O'Donnell, seconded by Champion, to adopt RES. 05-200, APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE SUBDIVISION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. 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 Chapter 4. Asst. City Mgr. Helling present for discussion. The following individuals appeared: City Consultant Don Williams, Rice, Williams Associates; Josh Goding, PATV Director; Gary Smith, Concerns Chair Johnson County Democratic Party; Holly Berkowitz, 612 Granada Ct.; Kara Logsden, Adult Services Coordinator at the Iowa City Public Library; Jeremy Schreiber; Brett Lord-Castillo, Iowa City Telecommunications Commission; Jon Koebrick, Mediacom. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Brett Lord-Castillo and Don Williams. The Mayor declared the motion carried unanimously, 6/0, Lehman absent. Moved by Champion, seconded by Vanderhoef, that ordinance repealing City Code Title 12, Chapter 4 entitled Broadband Telecommunications Franchise Enabling Ordinance, and adopting a new Chapter 4, be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the motion carried. Moved by Vanderhoef, seconded by Champion, that ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Regulation of Persons Under Legal Age," Section Al, to make the amount of the fine and other sanctions for possession of alcohol under the legal age equivalent to the fines and other sanctions under state law, be given first vote. City Atty. Dilkes stated that the decision by Magistrate Goddard that the City did not have the authority to impose a license suspension (although that could be imposed if state charges were filed) is currently being appealed, and the City is not seeking license suspension while the decision is being appealed. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the motion carried. Council Member Complete Description June 7, 2005 Page 5 Vanderhoef that that Johnson County Legislators met with the City Council earlier in the year and the City proposed changing State law to address fines and fees for Paula's, and she publicly thanked them for championing getting it achieved in the State House this year. Mayor Pro tem Wilburn stated Council had talked deferring the next two items at their work session the previous evening. Moved by Champion, seconded by Bailey, to defer to June 21 resolution adopting Iowa City's Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) Investment Policies and the resolution Allocating the Human Services Aid to Agencies funding for the fiscal year ending June 30, 2006. The motion carried, 5/0, Wilburn abstaining, Lehman absent. Moved by Bailey, seconded by Elliott, to adopt RES. 05-201, ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2006. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 05-202, AMENDING THE BUDGETED POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF THE FINANCE DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN BY DELETING THE POSITION OF OPERATIONS SPECIALIST AND ADDING THE POSITION OF SENIOR SYSTEMS ENGINEER. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 05-203, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2005 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT to Streb Construction Company, Inc. for $98,193.00. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, to adopt RES. 05-204, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1,2005, THROUGH JUNE 30, 2006. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to appoint Bebe Ballantyne, 230 Elizabeth Street, to the Telecommunications Commission for an unexpired term ending March 13, 2006; and accept the recommendation from Board of Supervisor to appoint Leon Spies as County Representative to the Board of Library Trustees. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Sally Stutsman. The Mayor Pro ~em declared the motion carried unanimously, 6/0, Lehman absent. The Mayor noted the current vacancies: Police Citizens Review Board for two vacancies to fill four-year terms September 1, 2005 - September 1,2009; Housing and Community Development Commission for three vacancies to fill three-year terms September 1,2005 - September 1, 2008; Telecommunications Commission to fill an unexpired term ending March 13, 2007. Correspondence received from Brett Lord-Castillo. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Applications must be received by 5:00 p.m., Wednesday, July 13, 2005. [Staff will not publish additional notices Complete Description June 7, 2005 Page 6 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 previously announced vacancies: Airport Commission to fill an unexpired term ending March 1, 2008; Telecommunications Commission to fill an unexpired term ending March 13, 2008. Applications must be received by 5:00 p.m., Wednesday, June 15, 2005. Airport Commission to fill an unexpired term ending March 1, 2007; Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; 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. Council Member Bailey announced a pedestrian planning session scheduled June 9 with the Director from Walkable America making a presentation. Council Member Vanderhoef congratulated volunteers and organizers of the Art Fest for the event the previous weekend. Council Member Mike O'Donnell encouraged citizens to attend a performance at the Englert Theater on June 11. Council Member Champion noted the recent cultural district designation; unveiling of the new sculpture near The Siren downtown; Arts Fest; new Library and the wonderful downtown area. Council Member Elliot[ requested the matter of Oakcrest Street parking be added to the next work session agenda. The City Manager stated he would follow up with staff. Council Member O'Donnell reported on an alcohol forum he recently attended, and stated he would be brining up some comments at a future work session. Mayor Pro tem Wilburn announced the Aero hawks event planned at the Flying Field (near the recycling center) on July 10 from 1:00-4:00PM; and various performances of the Iowa City Community Band planned throughout the City; and reported on his participation in a ceremony welcoming back the first of the 168th Infantry, Charley Company. Moved by O'Donnell, seconded by Elliot[, to adjourn meeting at 9:05 p.m. The Mayor declared the motion carried unanimously, 6/0, Lehman ~ [ ~,~ Ross Wilbur, Mayor Pro rem · Karr, City Clerk Date: May 16, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 16, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn UISG Representative: Jeremy Schreiber Staff: Atkins, Helling, Dilkes, Karr, Franklin, Davidson, Winkelhake, Shaffer, Nasby Tapes: 05-32, Both Sides; 05-33, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING 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) (REZ05-00001) B. SETTING 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) (REZ04- 00017/SUB04-00017) C. SETTING 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 and Clear Creek LLC) (ANN05-00001) D. 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. E. 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. (REZ05-00004) Council Work Session May 16, 2005 Page 2 City Atty. Dilkes stated the Conditional Zoning Agreement must be signed prior to the close the public hearing, and suggested a motion approving authorizing the Mayor and City Clerk to sign could be made prior to the close the hearing. F. 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. (SECOND CONSIDERATION) BURLINGTON STREET ENHANCEMENT (IP2 of 5/12 Info Packet) PCD Director Franklin and Asst. PCD Director Davidson presented a computer simulation of Burlington Street in the future. Majority agreed to the concept. STAFF ACTION: Talk with property owners affected regarding right in, right out functions; emergency services; refine design of medians and incorporate into capital improvements program (CIP) to be presented to Council in January or February 2006. (Franklin) AGENDA ITEMS 1. (Agenda item # 6 - Public hearing .... Ordinance ... Broadband Telecommunications Franchise ... Mediacom) Asst. City Mgr. Helling, Mediacom representative Randy Brown, and City Atty. Dilkes present for discussion. Majority agreed to continue the public hearing and defer action until Rice, Williams Associates can be scheduled to address Council. Asst. City Mgr. Helling will report possible dates at the formal meeting. 2. (Consent Calendar # 3(e) 4 - Resolution approving job descriptions for the City Manager, City Attorney, and City Clerk) Council Member Bailey requested language be added to the job description of the City Clerk to reflect necessary technological skills. Council Member Vanderhoef requested the job description of the City Attorney be more generic as to number of employees and remove the number "6". 3. (Consent Calendar # 3(e) 5 - Resolution .... license agreements ... ASCAP (American Society of Composers, Authors and Publishers) .... BMI (Broadcast Music, Inc.) In response to Council Member Bailey, City Atty. Dilkes stated staff was currently talking with video licensing people regarding movie music and the impact on PIN grant approval of movie night in the neighborhoods. COUNCIL APPOINTMENTS Airport Commission - no applicants; readvertise Airport Zoning Brd of Adjustment - no applicants; readvertise Library, Board of Trustees - Thomas Martin and Meredith Rich-Chappell Council Work Session May 16, 2005 Page 3 CDBG AND HOME FUNDS - INVESTMENT POLICIES (IP4 of 5/12 Info Packet) Mayor Pro tern Wilburn left the table due to a conflict. Community and Economic Development Coordinator Nasby present. After discussion Council directed staff to come up with options for forgivable assistance to non profits completing public facilities projects. Council approved staff recommendation for investment policies for direct home ownership assistance and tenant based rent assistance. STAFF ACTION: Prepare resolution for June 7 meeting. (Nasby) Mayor Pro rem Wilburn returned to the table. ALCOHOL DISCUSSION (IP3 of 5/12 Info Packet) Ron Berg from MECCA and Rick Dobyns, both members of the Alcohol Awareness Work Group, presented information. During discussion the following items were identified: 21 ordinance Bar monitors - older than the peer group Enforcing occupancy/capacity of establishments Licensing servers and bartenders Regulation of bar crawls Zoning legislation Staff Action: None DOWNTOWN ALLEYS (Aqenda items # 9 and # 10) City Manager Atkins outlined changes currently underway and stated more changes were planned as earlier presented to Council but this legislation needed to be in place first. Majority agreed to proceed. COUNCIL TIME UISG Representative Schreiber invited Council Members to participate in the Iowa Pride Parade schedule June 18. SCHEDULE OF FUTURE PENDING ITEMS None Meeting adjourned 9:00 PM. Work Session Discussion Items - as of 5/16/05 - See Attached Council Work Session May 16, 2005 Page 4 Work Session Discussion Items - as of 5/16/05 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 Meeting with University Senior Staffer Budget Housing Inspector - fee increase Recycling Coordinator CIP reviews Gilbert/Hwy. 6 Restroom-Festival Stage Railroad Overpass - 1 st& 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 PCRB Review (prior to August 2005 Downtown Loading Zones Goal Session (?) City Assessor (possible joint with County) Survey employees on improvements/changes within organization (added May 17) *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 - 5/17/05 * 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: Historic Preservation Month - May 2005, Tim Weitzel, Acting Chair Historic Preservation Commission accepting. Moved and seconded 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 Ad 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 Colonial Lanes, 2253 Highway 218 S.; Class C Liquor License for Siren, 124 S. Dubuque St.; Class C Liquor License for Linn Street Cafb, Inc., 121 N. Linn St.; Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss Street.; Class B Wine Permit for Linn Street Cafe, Inc., 121 N. Linn St.; Special Class C Liquor License for Riverside Theatre, 213 N. Gilbert St.; Temporary Transfer of Special Class C Liquor License for Riverside Theatre. (City Park/Riverside Festival Stage 6/13 - 9/26); Class C Liquor License for Shakespeare's, 819 First Ave. S.; Class C Beer Permit for Suburban BP AMOCO, 370 Scott Court; Class C Beer Permit for Dubuque Street HandiMart, 204 N. Dubuque St. New: RES. 05-178, TO ISSUE CIGARETTE PERMIT to 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 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 - 5/17/05 Iowa City City regular meeting, at City Hall. Mayor presiding. Council Members present: Champion, Elliott, Lehman, O'DonrVanderhoef, Wilburn. Absent: None. The Mayor proclaimed: Preservation Month - May 21 Tim Weitzel, Acting Chair Historic Preservation ;ion accepting. Moved and seconded that g items and recomm~ in the Consent Calendar be received, or approved, pted as amended Approval of Council subject to correction recommended by the City Clerk: May 2, Regular Work Session; Ma Regular Council Formal Official and Complete; Ma ! 6, Spel Council Formal and Complete. Receive and File ards and Com (any recommendations contained in minutes become )nly upon s Council action): Public Library - March 24, 2005;:brary - F f 24, 2005; Telecommunications Commission - A Historic Preservation Commission - March 10, 2005; Historic Preservation -April 14, 2005; Public Art Advisory Committee - April 7, 2005; Planni~ ~d Zoning Commission - April 21,2005; Board of Appeals - January 10, 2005; ;itizens Review Board - March 8, 2005. Permit Motions and Resolutions as by the City Clerk. Renewal: Class C Liquor License for Colonial Lane,, Highway 218 S.; Class C Liquor License for Siren, 124 S. Dubuque St.; uor License for Linn Street Cafb, Inc., 121 N. Linn St.; Class C Liquor e Tavern & Eatery, 330 E. Prentiss Street.; Class B Wine Permit for Linn reet Cafb. 121 N. Linn St.; Special Class C Liquor License fo 213 N. St.; Temporary Transfer of Special Class C Liquor License for Theatre.;ity Park/Riverside Festival Stage 6/13 - 9/26); Class C Liquo~ , for Shakes 819 First Ave. S.; Class C Beer Permit for Suburban BP 370 Class C Beer Permit for Dubuque Street HandiMart, Dubuque St. New: 05-178, TO ISSUE CIGARETTE PERMIT to La ina, 1937 Keokuk Street. Motions: approve ;ments in the amount of '75,881.44. for the period of April 1 through April 30, as recommended by the ce Director subject to audit. Resolutions: RE: AUTHORIZING THE SIGN AND THE CITY CLERK TO ATT AN AMENDMENT TO LICENSE !MENT FOR TEMPORARY USE PUBLIC RIGHT-OF-WAY BETWEEN ITY OF IOWA CITY, LANDOWNI AND TENANT SYLVIA VENUTO )'S WORLD BISTRO, FOR t CAFE AT 115 E. COLLEGE STREET; S. 05-180, AL MAYOR TO SIGN AND THE CITY CLERK TO THE Official Actions May 17, 2005 Page 2 RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 145 SOUTH WESTMINSTER STREET, IOWA CITY, IOWA; RES. 05-181, APPROVING THE DESIGN OF THE SlGNAGE 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. 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 Retail / Community Commercial. The following individuals appeared: Garry Klein, 628 2nd Official Actions May 17, 2005 Page 3 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, 2029 Friendship St.; Mary Pat Reasoner; Gretta Anderson, 803 S. Lucas St.; Patti Santangelo, 3038 Stanford Ave. Moved and seconded 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. 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. Harry Wolf, broker representing the Airport Commission and the City Council, appeared. Moved and seconded to continue the public hearing until June 7. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Sonia Ettinger, Evan Fales, Thomas Baldridge. The Mayor declared the motion carried. Moved and seconded 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. 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 north of Southpoint Subdivision, be given second vote. 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 Chapter 4. The following individuals appeared: Brett Lord-Castillo, Telecommunications Commission, 214 S. Summit St.; Jim Larew; and Shel Stromquist, 316 Myrtle Ave. Moved and seconded to accept correspondence from Jim Larew. The Mayor declared the motion carried. Moved and seconded to continUe public hearing to June 7. The Mayor declared the motion carried. Moved and seconded 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. 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. Moved and seconded 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 Official Actions May 17, 2005 Page 4 PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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 and seconded to adopt RES. 05-187, ASSESSING $300.00 CIVIL PENALTY AGAINST ONE-EYED JAKES. 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to adopt RES. 05-188, ADOPTING PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS INCLUDING PROVISIONS FOR APPLICATION, ISSUANCE, DURATION, INSPECTION, SUSPENSION, REVOCATION, REMOVAL, FEES, AND INSURANCE. Moved and seconded to adopt RES. 05-189, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2006 FOR THE CITY MANAGER, CITY ATTORNEY [60% FTE]), AND CITY CLERK. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. 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, Official Actions May 17, 2005 Page 5 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. Moved and seconded to adjourn meeting at 9:20 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 ff~r publication - 5~23~05 *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 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 Cafb, Inc., dba Linn Street Cafb, 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 HandiMad, 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 Council, regular meeting, at City Hall. Mayor Lehman presiding. Council Memb,,ers present: Bailey, Champion, EIliott, Lehman, ~),,~)"onnell, Vanderhoef, Wilburn. Abseh~.' None. Staff members present: Atkins, Hellin/gJ', Dilkes, Karr, Franklin, Shaffer, Knoche. N~ouncil minutes tape recorded on Tape 0,5~31, Side 2; 05-34, Both Sides. The Mayor p'l~claimed: Historic Preservation Mont~/- May 2005, Tim Weitzel, Acting Chair Historic Preservation Commission accepting. / Moved by Bailey,~econded by Champion, that "~ following items and recommendations in the ~nsent Calendar be ' or approved, and/or adopted as amended: Approval of CoB0cil Actions, sul: as recommended by the City Clerk: May 2, RegL~ar Cou ; May 3, Regular Council Formal Official and Complete; M~y 6, Special Formal Official and Complete. Receive and File Mi~tes of Bi and Commissions (any recommendations contained in minutes become~.,effect only upon separate Council action): Public Library - March 24, 2005;~ P~ Library - February 24, 2005; Telecommunications Con April 18, 2005; Historic Preservation Commission - March 10, 2005; Historic Prese ~n Commission - April 14, 2005; Public Art Advisory Committee - April 7, '~lanning and Zoning Commission - April 21,2005; Board of Appeals - January 2005;'~olice Citizens Review Board - March 8, 2005. Permit Motions and as Recommended by the City Clerk. Renewal: Class C Liquor Corp., dba Colonial Lanes, 2253 Highway 218 S.; Class C Liquor License Grain Enterprises, LLC, dba Siren, 124 S. Dubuque St.; Class C Liquor LicensLinn Street Caf6, 'Inc., dba Linn Street Caf6, Inc., 121 N. Linn St.; Class C Li(License for Kennedy [nyestments, Inc., dba Vine Tavern & Eatery, 330 E. Pre~ Street.; Class B Wine Permit for Linn Street Caf6, Inc., dba Linn Street Caf6.121 N. Linn St.; Special Class C Liquor License for Riverside Theatre dba Riv Theatre, 213 N. Gilbert St.; Temporary Transfer of Special Class C Liquol ~nse for Riverside Theatre dba Riverside Theatre. (City Park/Riversi¢ ,~stival Stage 6/13 - 9/26); Class C Liquor License for Quzer, Inc., dba Shakespea~ 819 First Ave. S.; Class C Beer Permit for Suburban Investors, LC, dba Subur BP AMOCO, 370 Scott Court; Class C Beer Permit for Nordstrom Oil Co. dba ue Street HandiMart, 204 N. Dubuque St. New: RES. 05-178, TO ISSUE PERMIT to La Reyna, Inc., dba La Reyna, 1937 Keokuk Street. approve disbursements in the amount of $10,775,881.44 for the period of A 1 through April 30, 2005, as recommended by the Finance Director subject to Resolutions: RES. 05-179, AUTHORIZING THE MAYOR TO SIGN AND THE Cl' :LERK TO ATTEST AN AMENDMENT TO LICENSE AGREEMENT FOR T: ~,ARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA FY, LANDOWNER, AND TENANT SYLVIA VENUTO d/b/a VENUTO'S WORLD FOR A SIDEWALK CAFe: AT 115 E. COLLEGE STREET; RES. 05-180, )RIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE f 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 May17,2005 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, 2029 Friendship St.; Mary Pat Reasoner; Gretta Anderson, 803 S. Lucas St.; Patti Santangelo, 3038 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. Wilburn 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 May17,2005 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 May 17, 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 Elliott 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 Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk