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HomeMy WebLinkAbout2005-06-21 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 21, 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, Wilburn. Absent: Vanderhoef. Staff members present: Atkins, Dilkes, Karr, Miklo, Nasby Shaffer, Spitz. Council minutes tape recorded on Tape 05-39, Sides 1 & 2. The Mayor proclaimed: Community Development Week June 27 - July 1,2005, Vice Chair Housing Commissioner Jerry Anthony 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: June 6, Regular Council Work Session; June 7, 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): Telecommunications Commission - April 25, 2005; Senior Center Commission - April 26, 2005; Parks and Recreation Commission - May 11,2005; Airport Commission - May 12, 2005; Police Citizens Review Board - May 10, 2005; Historic Preservation Commission - June 2, 2005; Historic Preservation Commission - May 26, 2005; Historic Preservation Commission - May 12, 2005; Historic Preservation Commission - April 28, 2005; Board of Adjustment - May 11,2005. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for 808 Restaurant & Nightclub, Inc., dba 808 Restaurant & Nightclub, Inc., 121 Iowa Ave.; Class C Liquor License for GFP Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for GFP Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Class C Liquor License for David L. AIberhasky dba Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars, dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Hwy 6 East;. Class C Liquor License for Dublin Underground Inc., dba Dublin Underground, 5 S. Dubuque St.; Class B Beer Permit for Hawkeye Pizza, LLC, dba Pizza Hut #4358, 1926 Keokuk St.; Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafb, 19 S. Dubuque St.; Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr.; Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #422,513 S. Riverside Dr.; Class C Beer Permit for El Paso the Mexican Store, Inc., dba El Paso the Mexican Store, Inc., 609 Hollywood Blvd.; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco outlet Plus #537,923 S. Riverside Dr. RES. 05-204 TO ISSUE CIGARETTE PERMITS. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office $56-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 21,2005 Iowa City City ~cil, regular meeting, at City Hall. Mayor Lc~nman presiding. Council Members F iley, Champion, Elliott, Lehman, O'Do/dnell, Wilburn. Absent: Vanderhoef. Staff Iresent: Atkins, Dilkes, Karr, Miklo,,,Nasby Shaffer, Spitz. Council minutes tape on Tape 05-$9, Sides 1 & 2. ,/ The Mayor proclaimed: mmunity Development Week//June 27 - July 1,2005, Vice Chair Housing Commiss Anthony accepting, j Moved by Bailey, ~y Champion, that the fo~owing items and recommendations in the Consent endar be received, or/approved, and/or adopted as amended: Approval of Council subject to cor/'ections, as recommended by the City Clerk: June 6, Regul~ Work Sessi, June 7, Regular Council Formal Official and Complete. Receive and File Minutes Commissions (any recommendations contained in minutes become separate Council action): Telecommunications Commission - Apr 2005; Senior Center Commission - April 26, 2005; Parks and Recreation In May 11,2005; Airport Commission - May 12, 2005; Police Citizens Review E May 10, 2005; Historic Preservation Commission - June 2, 2005; Historic Commission - May 26, 2005; Historic Preservation Commission 12, 2~05; Historic Preservation Commission - April 28, 2005; Board of Ad May 11, 2~05. Permit Motions and Resolu' ~ns as Recorh(nended by the City Clerk. Renewal: Class C Liquor Licens~ r 808 Restaur~t & Nightclub, Inc., dba 808 Restaurant & Nightclub, Inc., 1; Iowa Ave.; Class ~ Liquor License for GFP Inc., dba Wig & Pen Pizza Pub, 1220 H hway 6 West; Outdo(~( Service Area for GFP Inc., dba Wig & Pen Pizza Pub, 1220 hway 6 West; Class ,C~iquor License for David L. Alberhasky dba Dave's ~ad Tavern, 402 E. Market'St.; Class C Liquor License for Weeks-Van Eck Post ~ns of Foreign Wars, dl~a Weeks-Van Eck Post #3949 Veterans Wars, 609 Hwy 6 East;. Class C Liquor License for Dublin Underground Inc., ,lin Underground, 5 S. Dubuque St.; Class B Beer Permit for Hawkeye Pizza, Hut #4358, 1926 Keokuk St~;~Special Class C Liquor License for D & E Inc., dba Z'Mariks Noodle Cafbi~19 S. Dubuque St.; Special Class C L ]or License for Zio Johno's, Inc., dba Zio Jolqno's Spaghetti House, 953 S. ~rside Dr.; Class E Liquor License for John's~rocery, Inc., dba John's Grocery 401 E. Market St.; Class C Beer Permit for I~um & Go, LC, dba Kum & Go #4; 513 S. Riverside Dr.; Class C Beer Permit for El I~aso the Mexican Store, Inc., El Paso the Mexican Store, Inc., 609 Hollywood BIv~l.; Class C Beer Permit Trip, Inc., dba Tobacco outlet Plus #537,923 S. Rivc~side Dr. RES. 05-204 CIGARETTE PERMITS. Complete Description June 21, 2005 Page 2 Motions. Approve disbursements in the amount of $9,514,158.21 for the period of May 1 through May 31,2005 as recommended by the Finance Director subject to audit. Setting a Public Hearing. RES. 05-205, SETTING A PUBLIC HEARING ON JULY 5, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HOLLYWOOD BOULEVARD SEWER REPAIR PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 05-206, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR SAND HILL ESTATES, PART ONE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 05-207, ACCEPTING THE WORK FOR THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT [STP-E-3715(624)--8V-52]; RES. 05-208, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE HOME MORTGAGE, WEST DES MOINES, IOWA FOR PROPERTY LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding installation of NO PARKING ANY TIME signs on the south side of Roberts Road between Westwinds Drive and Bartelt Road; JCCOG Traffic Engineering Planner regarding install one VALET PARKING ONLY 5 PM - 2 AM TOW AWAY ZONE sign on the 200 block of S. Clinton Street in front of the Whiteway Building; Traffic on Court Street - Petition signed by Residents and Property Owners of Court Street between Summit Street and Muscatine Avenue, Rebekah Kowal, Jennifer Glass, J. Steven and Bonnie L. Mclntosh, Ellen Heywood and Paul Ingram, Robert C. Crane, Marcus and Joan Nashelsky, Marilyn and Earl Rose, Bill O'Donnell, James P. Hayes, Tim Weitzel, John and Denise Hansen, James and Penny McKean, John and Peggy Stokes, Teresa Mangum and Corey Creekmur; E-mail from Terry Cunningham regarding US Conference of Mayors [Previously distributed 6/9 Information packet]; Dog Park letters received from Mary Blackwood, Joseph and Tara Dutcher, Jane Flanigan, Laurie Haag, Brian Harvey, Ryan Jacobsen, Kathy Janz, Kathleen Lilli, Cherie Marvel, BJ Matson, Valerie L. Muehling, Jeanne Nelson, T. Akim Nilausen, Christa Pooch, Lisa Schleisman, Colleen Sweeney; Liz Ackley regarding Parking Rates; Donald Baxter regarding Curbing Parking; Barbara Curtin regarding Walmart; Calvin R. Symons regarding Snow removal invoice; Fire Dept - Hair Cutting letters received from Mark Evans, Mike Thayer; Carl Beyerhelm regarding Shelter House; Mark Patton regarding Old Navy Work Day. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried. Cat Moore, 2219 Davis Ct., appeared requesting more community policing. Senior Center Commissioner Betty Kelly updated Council on activities at the Center. Jim Larew, Complete Description June 21,2005 Page 3 Volunteer for Citizens for Public Power, raising concerns regarding process questions on the upcoming election concerning the establishment of a municipal electric utility company. Airport Commissioner Randy Hartwig updated Council on activities at the Airport. Moved by Wilburn, seconded by O'Donnell, to set a public hearing for July 5 on an ordinance changing the zoning designation of approximately 29.7 acres of property, located north east of Highway 218 and Deer Creek Road, from County Residential to Interim Development - Office Research Park. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by Bailey, seconded by Wilburn, that ordinance approving a Sensitive Areas Overlay Zone and a Sensitive Areas Development Plan for MWD Davis Addition, be given second vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried. Moved by Champion, seconded by Bailey, 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, be given second vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried: Moved by Wilburn, seconded by O'Donnell, 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 second vote. The Mayor declared the motion carried, 4/2, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Elliott, Lehman. Nays: Bailey, Champion. Absent: Vanderhoef. Moved by Wilburn, seconded by Bailey, to accept correspondence from Harriett G. Dean. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. A public hearing was held on an ordinance amending Section 14, Chapter 5, Article C, entitled "Electrical Code," of the Iowa City Code by adopting the 2005 Edition of the National Electrical Code including Annex G with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all wiring, fixtures, appliances and appurtenances in connection with various electrical systems; providing for the issuance of permits and inspection of electrical installations and the collection of fees; and providing penalties for violations. No one appeared. Moved by Wilburn, seconded by Bailey, that ordinance amending Section 14, Chapter 5, Article C, entitled "Electrical Code," of the Iowa City Code by adopting the 2005 Edition of the National Electrical Code including Annex G with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all wiring, fixtures, appliances and appurtenances in connection with various electrical systems; providing for the issuance of permits and inspection of electrical installations and the collection of fees; and providing penalties for violations, be given first vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried. A public hearing was held on resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2005 Traffic Signalization Project, Complete Description June 21,2005 Page 4 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. The Mayor stated that countdown lights were included in the project. No one appeared. Moved by Bailey, seconded by Wilburn, to adopt RES. 05-209, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 TRAFFIC SIGNALIZATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. A public hearing was held on resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Missing Link Trail Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Bailey, seconded by Wilburn, to adopt RES. 05-210, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MISSING LINK TRAIL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wilburn, that ordinance repealing City Code Title 12, Chapter 4 entitled Broadband Telecommunications Franchise Enabling Ordinance and adopting a new Chapter 4, be given second vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Wilburn, 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. 4162, 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 voted on for final passage at this time. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by Bailey, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 05-211, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2006 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Complete Description June 21,2005 Page 5 Moved by Wilburn, seconded by Bailey, to adopt RES. 05-212, AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO A LEASE BETWEEN THE CITY OF IOWA CITY AND GREYHOUND LINES, INC. FOR SPACE AT THE COURT STREET TRANSPORTATION CENTER. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Mayor Pro tem Wilbum left the meeting due to a conflict of interest on the following two resolutions. Moved by Bailey, seconded by O'Donnell, to adopt as amended RES. 05-213, ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT POLICIES. Individual Council Members expressed their views. Mark Patton, Executive Director of Iowa Valley Habitat for Humanity, appeared. The Mayor declared the amended resolution adopted, 4/1, with the following division of roll call vote. Ayes: Bailey, Elliott, Lehman, O'Donnell. Nays: Champion. Abstaining: Wilburn. Absent: Vanderhoef. Correspondence accepted from Ray Haas and Brad Langguth. The Mayor declared the motion carried unanimously, 5/0, Vanderhoef absent and Wilburn abstaining. Moved by Bailey, seconded by O'Donnell, to adopt RES. 05-214, ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2006. Affirmative roll call vote unanimous, 5/0, Vanderhoef absent and Wilburn abstaining. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn returned to the meeting. Moved by Champion, seconded by Elliott, to adopt RES. 05-215, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 05-4163, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE H, ENTITLED "SOLID WASTE," SECTION 2, ENTITLED "DEFINITIONS" BY AMENDING THE DEFINITION OF "DOWNTOWN" TO DELETE THE CB5 ZONE FROM THE PERMIT REQUIREMENTS 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, 6/0, Vanderhoef absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 05-216, REPEALING RESOLUTION NO. 05-188 AND ADOPTING A NEW PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS INCLUDING PROVISIONS FOR APPLICATION, ISSUANCE, DURATION, INSPECTION, SUSPENSION, REVOCATION, Complete Description June 21,2005 Page 6 REMOVAL, FEES, AND INSURANCE. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn left the meeting due to a conflict of interest. Moved by Champion, seconded by Bailey, to adopt RES. 05-217, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE AGREEMENT TO PURCHASE AN APARTMENT BUILDING FROM GREATER IOWA CITY HOUSING FELLOWSHIP (GICHF) AND TO ASSIST GICHF IN THE FINANCING OF AFFORDABLE HOUSING IN THE PENINSULA. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 5/0, Vanderhoef absent and Wilburn abstaining. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion, to make the following appointments to boards and commissions: Howard Horan, 2407 Crestview Avenue, to the Airport Commission to fill an unexpired term ending March 1,2008; and Jim Ehrmann, 630 N. Dubuque Street, to the Telecommunications Commission to fill an unexpired term ending March 13, 2008. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Correspondence received from James Ehrmann. Moved by Champion, seconded by Bailey, to reappoint Council Member Mike O'Donnell, to the SEATS Paratransit Advisory Committee for a two year term ending June 30, 2007. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. 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 previously announced vacancies: 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. Police Citizens Review Board for two vacancies, (One Peace Officer and One Eligible Elector), for 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 fil~ an unexpired term ending March 13, 2007. Applications must be received by 5:00 p.m., Wednesday, July 13, 2005. Council Member Elliott shared an article and picture of from Port~and, Oregon of the contest winning house designed for narrow properties, noting a protruding garage and earlier Council discussion on the issue; noted the retirement of City Human Rights Coordinator Heather Shank and stated she would be missed. Council Member O'Donnell seconded remarks concerning City Human Rights Coordinator Heather Shank; reported on a meeting he and Council Members Champion and Bailey had with University of Iowa Parent Group President Jim Fruin; noted the letters from neighbors on Court Street between Muscatine and Summit and requested the matter be scheduled for an upcoming work session, The City Manager stated he would start the traffic survey with PCD staff and report back; and reaffirmed Council discussion the previous evening to pursue a final traffic survey on the Oakcrest parking matter, the City Manager stated he had directed staff to pursue. Complete Description June 21,2005 Page 7 Mayor Pro tem Wilburn welcomed back Mayor Lehman from a fishing vacation. Council Member Bailey announced that Mediation Services of Eastern Iowa is presenting a workshop on June 24. Mayor Lehman reminded citizens of the Jazz Fest scheduled July 1,2, and 3 downtown; the Community Development celebration planned for June 30; and upcoming visits to major community employers by members of the City Council/Economic Development Committee. Moved by O'Donnell, seconded by Bailey, to adjourn meeting at 7:55 p.m. The Mayor declared the motion carried unanimously, 6/0, Vanderhoe~~,~ '"~E~n-e-st W. Lehman, ~ayor Marlan K. Karr, City Clerk Date: June 7, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 6, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Lehman Staff: Atkins, Helling, Dilkes, Karr, Fowler, Franklin, Nasby, O'Brien, Severson, Shaffer Tapes: 05-33, Side 2; 05-35, Both Sides. (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following matters: A. APPROVING A SENSITIVE AREAS OVERLAY ZONE AND A SENSITIVE AREAS DEVELOPMENT PLAN FOR MWD DAVIS ADDITION (REZ05-00001) B. 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 XXlII and XXlV) (REZ04-00017/SUB04-00017) Franklin indicated the matter was deferred previously and has been resubmitted with six fewer zero-lot lots, and those lots have been converted to single family. She also indicated that all correspondence, with the exception of the email to Bob Miklo, had been previously accepted by Council; but the April 7th email would have to be officially received at the formal meeting. C. CONDITIONALLY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 54 ACRES FROM PUBLIC/INTENSIVE COMMERCIAL (P/CI-1) ZONE TO COMMUNITY COMMERCIAL (00-2) ZONE FOR AVIATION COMMERCE PARK. (REZ05-00004) Franklin and City Atty. Dilkes responded to questions. Staff indicated that Wal-Mart was okay with the conditions in the Conditional Zoning Agreement and the City should be receiving a letter confirming the verbal communication by the formal meeting the next evening. D. 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) (ANN05-00001) Council Work Session June 6,2005 Page 2 E. REZONING APPROXIMATELY 29.26 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO PART LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5-'10.92 ACRES) AND PART MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL ZONE (RS-8-'I 8.34 ACRES), SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON SOUTH SYCAMORE STREET NORTH OF SOUTHPOINT SUBDIVISION. (PASS AND ADOPT) F. CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM COUNTY A'I 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 KI'I-rY LEE ROAD (REZ04-00030) (PASS AND ADOPT) (DEFERRED FROM 3~22, 4/5) Franklin asked that the item be deferred to July 5 to allow time to hear back from the State on officially annexing. G. APPROVING THE PRELIMINARY PLAT OF BROOKVVOOD POINTE SUBDIVISION, IOWA CITY, IOWA. (SUB05-00005) INVESTMENT POLICIES FOR CDBG AND HOME FUNDS (Agenda Item # 9). Mayor Pro tern Wilburn stated he would have a conflict of interest for items # 9 and # 10 and Council would need to make a motion appointing a temporary Mayor Pro tern for the formal meeting. Mayor Pro tern Wilburn left the table for discussion. Community & Economic Development Coordinator Nasby and City Atty. Dilkes present for discussion. Majority of Council agreed to defer items # 9 and # 10 (allocation of human service aid to agencies) until June 21 to staff and Council representatives (Bailey, Champion and Vanderhoef) to consider the formulation of a waiver provision with criteria. STAFF ACTION: Proceed as outlined and have language for June 21 Council meeting. (Nasby) Mayor Pro tern Wilburn returned to the table. CABLE FRANCHISE EXTENSION (Agenda item # 7) Asst. City Mgr. Helling, Cable TV Administrator Shaffer and City Consultant Don William (Rice, Williams Associates) presented information. A PowerPoint presentation is scheduled for the formal meeting. Council Work Session June 6,2005 Page 3 DOG PARK PROJECT (IP2 of 6/2 Information Packet) Beth Shields, President of Dog PAC, present for discussion. Council Members requested information on a broad fundraising plan. Majority directed staff to proceed to meet, pull together an agreement, and bring back to Council for concurrence at a future date. STAFF ACTION: Proceed as outlined. (Atkins) PARKING FACILITY MAINTENANCE AND RATE ADJUSTMENT-FUTURE PROJECTIONS (IP3 of 6/2 Information packet) Parking & Transit Director Fowler and Parking Mgr. O'Brien present for discussion. After discussion Council requested additional information regarding increasing the rates sooner; status of debt for each parking garage; contact JCCOG regarding University interest for future garages on the south side of Burlington and the time line for building new recreational facilities. STAFF ACTION: Additional information to Council as requested. (Fowler) AGENDA ITEMS 1. (Agenda item # c8 - ordinance amending Title 4 ... possession of alcohol under legal age equivalent ... fines ..... and other sanctions under State Law) Council Member Champion stated she was excited about the increase in PAULA fines. Council Member Vanderhoef requested that a letter to sent to area legislators acknowledging they had listened to City concerns on the matter, and thanking them for their efforts. 2. (Agenda item # 7 - public hearing and ordinance ... Broadband Telecommunications Franchise Enabling Ordinance) Council Members expressed their concern over the duration of the proposed 13 year agreement. 3. (Agenda item # 6c- public hearing and ordinance .... Aviation Commerce Park) Mayor Pro rem Wilburn requested that the City Attorney review the terms of what a Council vote on the conditional zoning agreement and rezoning. City Atty. Dilkes outlined options and consequences of actions available to Council. 4. (IP7 of 6/2 Information Packet - Oakcrest parking) Council Member O'Donnell stated he would like to resolve the parking issue on Oakcrest. Council Member Elliott indicated he wanted to revisit the situation at an upcoming meeting. COUNCIL APPOINTMENTS Telecommunications Commission - Bebe Ballantyne Council Work Session June 6,2005 Page 4 COUNCIL TIME 1. Council Member Bailey suggested that a congratulatory letter be sent to Coralville for the groundbreaking for the Marriott project. Council concurred. 2. Council Member O'Donnell noted a non-profit youth performance scheduled for the week- end at the Englert. 3. Council Member Champion noted the success of the Arts Fest the previous week-end. 4. In response to Council Member Elliott the Oakcrest parking situation will be scheduled for the next work session. SCHEDULE OF FUTURE PENDING ITEMS See list attached. Meeting adjourned 6:35 PM. Work Session Discussion Items - as of 6~06~05 - See Attached Council Work Session June 6,2005 Page 5 Work Session Discussion Items - as of 6/06/05 (copy from previous minutes) 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 - lS'& 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) Parks & Recreation fundraising/sponsorship of projects *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 - 6/7/05 * Iowa City City Council, regular meeting, 7:00 p.m. at City Hall. Mayor Pro tem Wilburn presiding. Council Members present: Bailey, Champion, EIliott, O'Donnell, Vanderhoef, Wilburn. Absent: Lehman. 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 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 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 and 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 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 HE,a~RING, 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 CONTRACT, 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 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 $ OFFICI~ COUNCIL ACTIONS - 6/7/05 Iowa City City Council, re meeting, at City Hall. Mayor P Wilburn presiding. Council Members present: Bailey, mpion, Elliott, O'Donnell, Wilburn. Absent: Lehman. The Mayor proclaimed: Pride ~ - June 2005, Mark baum and Min Dong, Iowa City Pride Committee, accepting. Patty McCarthy, Director of Develo for Library a Mike Lensing, President Library Friends Foundation, presented a for $100,00( City as the next installment of the Reaching Heights Cam Moved and seconded that the following mdations in the Consent Calendar be received, or approved, and/or ado reded: Approval of Council Actions, subject rrections, as recommended by the City Clerk: May 16, Regular Council on; May 17, Regular Council Formal Official and Complete. Receive and File Minutes of remissions (any recommendations contained in minutes become effective o upon ~arate Council action): Parks and Recreation Commission - April 13, 200 mission - April 14, 2005; Housing and Community Development - April 2005; Adjustment - March 9, 2005; Public Library - April 28, 2005. Permit Motions and Resolut as by the City Clerk. New: Class B Wine Permit for Kum & 955 Mormon Setting a Public Hearin( a public hearing ,.m. on Tuesday, June 21,2005 to receive public co regarding an ~dopting the 2005 edition of the National Electric Cod. 05-192, SETTING A C HEARING ON JUNE 21,2005 ON SPECIFICATIONS, FORM OF AND ESTIMATE OF COST THE CONSTRUCTION OF TRAFFIC SIGNALIZATION DIRECTING CiTY CLERK TO SH NOTICE OF SAID HEARING, Al~ DIRECTING THE CITY ENGINEER TO ;E SAID PLANS ON FILE PUBLIC INSPECTION; RES. 05-193, A PUBLIC HEARING ON 21, 2005 ON PLANS, SPECIFICATIONS OF CONTRACT, ,~ OF COST FOR THE C£ THE' MISSING LIN PROJECT, DIRECTING CITY CLERK TO PUBL iH NOTICE OF SAID H AND DIRECTING THE CITY ENGINEER TO SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 05-194, AUTH£ 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. Official Actions 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 TWENTYA; 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 Mart 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 tern 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. 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 and seconded to accept the resolution. The Mayor Pro tem declared the motion carried. A public hearing was held on an ordinance approving a Sensitive Areas Overlay Zone and a Sensitive Areas Development Plan for MWD Davis Addition. Official Actions June 7, 2005 Page 3 Moved and seconded that ordinance approving a Sensitive Areas Overlay Zone and a Sensitive Areas Development Plan for MWD Davis Addition, be given first vote. 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. Moved and seconded to accept correspondence from Thomas Senneff. The Mayor Pro tem declared the motion carried. Moved and seconded 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, be given first vote. The Mayor Pro tem 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. Moved and seconded to accept the Conditional Zoning Agreement as presented. The Mayor Pro tem declared the motion carried. Moved and seconded to accept correspondence from Garry Klein (5), Todd Kruse, Robed Morgan. The Mayor Pro rem declared the motion carried. Moved and seconded 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. The Mayor Pro rem declared the motion carried. 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. Moved and seconded 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 IOWA CITY. Moved and seconded 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. Moved and seconded 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 tem declared the motion carried. Official Actions June 7, 2005 Page 4 Moved and seconded to adopt RES. 05-200, APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE SUBDIVISION, IOWA CITY, IOWA. 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: 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 and seconded to accept correspondence from Brett Lord-Castillo and Don Williams. The Mayor declared the motion carried. Moved and seconded 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. The Mayor Pro tem declared the motion carried. Moved and seconded 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. The Mayor Pro tem declared the motion carried.. Moved and seconded 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. Moved and seconded to adopt RES. 05-201, ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2006. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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 tem declared the motion carried. Moved and seconded to accept correspondence from Sally Stutsman. The Mayor Pro rem declared the motion carried. Official Actions June 7, 2005 Page 5 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 rem declared the motion carried. Applications must be received by 5:00 p.m., Wednesday, July 13, 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.] 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. Moved and seconded to adjourn meeting at 9:05 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor Pro tem ~~,~~ s/Marian K. Karr, City. C~lerk, ,, ~ Submitted-for publication - 6/15/05. *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 JUNE 7, 2005 * Iowa City City Council, regular meeting, 7:00 p.m. at City Hall. Mayor Pro tem Wilburn presiding. Council Members present: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilbum. 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 and 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 Kum & Go, LC, dba Kuru & 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 CONTRACT, 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. finalized by the City Clerk. For a final official copy, cor ;t the City Subject to change as Clerk's Office $56-5040.\ dn Iowa City City Council, regular meeting, at City Hall. Mayor tem Wilburn pres' ' g. Council Members present: Bailey,~Champion, Elliott, O'Donnell, Wilburn. Absent: Lehman. Staff members ~sent: Atkins, Helling, Dilkes Franklin. Council minutes tape recorded on Tape Side 2; Tape 05-34; The Mayor proclaimed: Pride ~nth - June 2005, baum and Min Dong, Iowa City Pride Committee, accepting. Patty McCarthy, Director of for Library Mike Lensing, President Library Friends Foundation, presented a ~eck for $100 to the City as the next installment of the Reaching Heights Cam n. Moved by Bailey, seconded by ~g items and recommendations in the Consent Calendar or approved, and/or adopted as amended: Approval of Council Actions, subjc 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 ~n separate Council action): Parks and Recreation CommisSion - April 13, 2( Commission - April 14, 2005; Housing and Community Development- ,2005; ~rd of Adjustmei~t - March 9, 2005; Public Library - April 28, 2005. Permit Motions and Resol ~ns as ~nded by the City Clerk. New: Class B Wine Permit for Kum & LC, dba Kum 3o #53, 955 Mormon Trek Blvd. Setting a Public Hearin~ a public hearing 7:00 p.m. on Tuesday, June 21, 2005 to receive public regarding an ~nce 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 CONSTRUCTION IE 2005 TRAFFIC SIGNALIZATION DIRECTING CITY C PUBLISH NOTICE OF SAID HEARING, AN[ THE CITY PLACE SAID PLANS ON FILE F( PUBLIC INSPECTION; RES. 05-193 ~ETTING A PUBLIC HEARING ON JUl 21, 2005 ON PLANS, S~: FORM OF CONTRACT, Al ESTIMATE OF COST FOR THE CC CTION OF THE MISSING LINI, PROJECT, DIRECTING CITY CLERK PUBLISH NOTICE OF SAID AND DIRECTING THE CITY ENGINEER PLACE SAID PLANS FOR PUBLIC INSPECTION; RES. 05-194, )RIZING MAILING AND OF NOTICE OF INTENT TO COMMENCE IBLIC PROJECT TO CONSTRUCT THE HIGHWAY 6 PROVEMENTS PROJf AND TO ACQUIRE PROPERTY FOR THE PROJECT, SETTING DATI: 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 tern repeated the public hearings as set. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem 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 rem 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 XXlll 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 EIliott, 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 XXIII and XXIV), 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 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 tem 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 tem 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/Ctear Creek LLC). Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro rem 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 tern 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), 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. 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 tem 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 tem 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 tern 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 tem declared the motion carried unanimously, 6/0, Lehman absent. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Sally Stutsman. The Mayor Pro tem 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 tem 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 Elliott 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 Elliott, to adjourn meeting at 9:05 p.m. The Mayor declared the motion carried unanimously, 6/0, Lehman absent. Ross Wilburn, Mayor Pro tem Marian K. Karr, City Clerk