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HomeMy WebLinkAbout2005-09-20 Council minutesSubject 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 SEPTEMBER 20, 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. None. Staff members present: Atkins, Helling, Dilkes, Franklin, Karr. Council minutes tape recorded on Tape 05-52, Side 2. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 6, Special Council Formal Official and Complete; September 6, Special Council Work Session; September 6, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Art Advisory Committee - July 7, 2005; Parks and Recreation Commission - July 13, 2005; Airport Commission - August 11,2005; Planning and Zoning Commission - August 18, 2005; Police Citizens Review Board - August 16, 2005; Board of Adjustment - August 10, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington St.; Class C Liquor License for Krore, Inc., dba Mclnnerney's, 161 Hwy 1 West; Outdoor Service Area for Krore, Inc., dba Mclnnerney's, 161 Hwy 1 West; Class C Beer Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave.; Class C Beer Permit for Dan's Short Stop Corp., dba Dan's Short Stop Corp, 2221 Rochester Ave.; Class C Beer Permit for Hy-Vee, Inc., dba Hy- Vee Gas #1,260 Stevens Dr.; Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St.; Special Class C Liquor License for Tropical Chill, Inc., dba Baldy's Wraps, 18 S. Clinton St. Resolutions: RES. 05-309, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE FIRST AVENUE/IOWA INTERSTATE RAILROAD GRADE SEPARATION PROJECT. RES. 05-310, ACCEPTING THE WORK FOR THE WATERWORKS PRAIRIE PARK BUTLER HOUSE/AMPHITHEATER TRAILS PROJECT. RES. 05-311, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1029 BOWERY STREET, IOWA CITY, IOWA. RES. 05-312, APPROVING THE DESIGN OF EXTERIOR DOORS FOR "STUFF BOUTIQUE" AND A NEW MALL EXITING DOOR AT OLD CAPITOL TOWN CENTER LOCATED AT 231 S. CLINTON STREET. Complete Description September 20, 2005 Page 2 Correspondence: JCCOG Traffic Engineering Planner regarding installation of LANE CONTROL sign designating existing left lane a LEFT TURN ONLY lane on Rohret Road at the intersection of Mormon Trek Blvd.; JCCOG Traffic Engineering Planner regarding removal of two parking meters in the 300 block of S. Dubuque Street; Installation of NO PARKING 2 AM to 6 AM TOW AWAY ZONE LOADING ZONE 15 MINUTE LIMIT 7 AM-6PM signs; JCCOG Traffic Engineering Planner regarding installation of NO PARKING 2AM-6AM TOW AWAY ZONE signs on the west side of the 300 block of South Dubuque Street; Acting JCCOG Traffic ~ Engineering Planner regarding installing NO PARKING ALLEY TO HERE sign on the north side of Court Street, opposite Oakland Avenue; JCCOG Traffic Engineering Planner regarding proposed traffic calming for the alley between Bradley Street and 7th Avenue parallel to Muscatine Avenue; James Pobst regarding Crosswalk on Benton Street [Staff response included]; Paul Clark Behrend regarding Innovative Lighting- hybrid solar luminaire for gov't and city buildings; Proposed Development Code - E- mail from Cheryl Nelson, form letters received from following individuals - Anna Buss, Katherine Roche, Mary Davin (2), Alan Swanson, Walter Kopsa, Jon Proud, Rhonda Stewart (2), Terry Vargason, Shane Brandt, Bill Rose (2), Glenn Gerard, Mark McCallum, Mary Hadenfeldt, Dan Williams, Justin Knowles (2), Cary Havel, Todd Case, Art Floss, Jeff Koenig, Thomas Martin, Carrie Faudel, Karyl Bohnsack, Bruce Kour, Stephanie Davis, Marianne Schlabach, Ed Rupp, Denise Rupp, Bob Lackman, William Wageman, Tim Gordon, Lloyd Haack, Holly Sargent, Don Crum, Lavon Rutt, John Balmer, Kevin Hochstedler, Ryan Swartzendruber, Neal Anderson, David Wright, Scott Utzinger, Kristine Trupp, Ben Nicholson, Daniel Lammers, Katie Lammers, Ray Wagehoft, Steve McCann, Joyce McCann, Jessica St. John, Melissa McLaughlin, Sarah Swartzendruber, John Moreland, Jr., Julia Hahn, Shannon Hunger, Neal Hunger, Susan Kruse, Jeff Colesky, D. Garner, Nick Fischer, John Marshall, Clay Claussen, Dick Brown, Bill Steinbrech, Mike Vermace, Cindy Belland, LeAnn Tyson, Joyce Vermace, Rebecca Martel, Cindy Miller Chandlee, Craig Foerstner, Thomas Fennell, Jeff Tackaberry, Gregg Metzger, Keith Wilson, Antoinette Rubin, Gloria Schropp, Kelley Myers, William Wittig, Molly Reeves, Kathy Fawther, Ken O'Donnell, Daniel Berry, Joel Baker, Amy Owen, Glenn Patton, Gerry Ambrose, Jerry Eyman, Lisa Lynes, George Klein, Irene Leaton, Jennifer Pratt, Cindy Brooks, Teresa Horton, Molly Wells, Polly Riggen, Mark Johnson, Michael Jensen, Casey Boyd, Cassie Barkalow, Thomas Miller, Deanna Miller, Glenn Gerard, Ed Humpbly, Rex Brandstatter (2), Charles Miller, Alissa Martin, Rita Gates, Ainsley Hogan, Barb Roberts, Polly Riggan, Lou Hogan, LouAnn Lathrop, Mike Roberts, Christine Campbell, Tonya Leik, Donna Petersen, Linda Stoolman, Vonda Ruess, Timothy O'Conner (2), Thomas Kout, Sally Kline, Amanda Crosby, Rick Knipper, John Sharkey, Todd Welk, Sanda Lonas, Jerome Howe, Marydee Chamberlain, Sandr8 Ratzlaff, David Mattingly, Mary Jo Streb (2), Klm Ryan (2), Shelia Meyer, Jackie Jedlicka, Kelli Holub, Karen Mitchell, Jill Armstrong, Natasha Wendt, Ron Mochler, Wendell Miller, Chris Eden, Robin Sueppel, Shane Brandt, Kay Braverman, Verne Folkmann, Ernie Galer, Karol Miller, Joni Eubank, Julie Mohr, Richard McKeen, Kimberly Ryan, Bob Sangster, Jason Peterson, Mike Jensen, Kenneth Hagen, Eric Casebolt, Tracey Snyder, Michele Brandstetter, Charles Bogh, John Bobst, Complete Description September 20, 2005 Page 3 * REVISED 10/4/05 Nancy Cassady, Ted Jacobsen, Cassie Barkalow, Alissa Martin, Deann Miller, Thomas Miller, Casey Boyd, Stephanie Ecnhuis, Shelly Hull, Michelle Runciman, Barbara Kennedy, Rita Shannahan, Emmett Shannahan, Gary Slaughter, Dick Davin, Rod McCrea, Richard Glenapp, Charles Miller, Tracy Reiten, Mike Hanson, Tom Johnson, Danny Poock, Russel Keeler, Steve Murphy, Shelly Alberts, Charles Funk, Sam Rumpf, Fran Christianson, Joe Wegman, six letters from individuals with illegible signatures; Carol Bender regarding Construction on Dubuque Street; Irvin Pfab regarding Counseling, housing programs can save lives and money The Arizona Republic; Dave Collins regarding Wal-Mart-Two sides to every stow; Jeff Edberg regarding Open house event invitation for the Peninsula neighborhood; Jean Villarreal regarding Hurricane evacuees; Scot West regarding Dorothy sculpture on Ped Mall; Peter Lagios regarding PATV; Daniel Benton regarding Public nuisance - Fraternity house at NE corner of Ronald and Dubuque Street; Sarah Traeger regarding Hurricane Katrina Fundraiser. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Keith Ruff, 601 S. Gilbert St., thanked Council for their support of the ADA celebration. Joseph Brisben, 726 Clark St., urged citizens to vote in favor of public power. Moved by Bailey, seconded by Vanderhoef, to set a public hearing for October 5 on an ordinance amending Title 14 entitled "Unified Development Code," by: repealing Chapters 4, 6 and 9 and replacing them with the new Title 14 Zoning Code, amending portions of Chapters 1 and 5, renumbering Chapters 1,2, 3, 5, 7, 8, 10 and 11, and repealing Chapter 12. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, to set a public hearing for October 4 on a resolution approving the annexation of approximately 51.9 acres located on American Legion * Road (formerly Fairview Golf Course). The Mayor declared the motion carried unanimously 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing October 4 on an ordinance conditionally rezoning approximately 51.9 acres from County Residential (R) to Low Density Single-Family residential (RS-5) for property located on American Legion Road * (formerly Fairview Golf Course). The Mayor declared the motion carried unanimously 7/0, all Council Members present. Moved by Champion, seconded by Bailey, that ORD. 05-4180, CONDITIONALLY REZONING APPROXIMATELY 92 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE FAMILY - SENSITIVE AREAS OVERLAY (OSA- 5) ZONE FOR PROPERTY LOCATED WEST OF KENNEDY PARKWAY AND EAST OF CAMP CARDINAL ROAD (REZ03-00019/Cardinal Ridge), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 05-313, APPROVING THE PRELIMINARY PLAT OF CARDINAL RIDGE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 05-4181, CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES FROM INTENSIVE COMMERCIAL (Cl-1) Complete Description September 20, 2005 Page 3 ~ Nancy Ted Jacobsen, Cassie Barkalow, Alissa Martin, Deann Miller, Cassady, 'homas Miller, Casey Boyd, Stephanie Ecnhuis, Shelly Hull, Michelle Runciman, ira Kennedy, Rita Shannahan, Emmett Shannahan, Gary Slaughter, Dick Rod McCrea, Richard Glenapp, Charles Miller, Reiten, Mike Hanson, Tom lnson, Danny Poock, Russel Keeler, Steve Murph f, Shelly Alberts, Charles Funk, Rumpf, Fran Christianson, Joe Wegman, six from individuals with illegible Carol Bender regarding C Dubuque Street; Irvin Pfab re g Counseling, housing programs can lives and money The Arizona Re c; Dave Collins regarding W~ sides to every story; Jeff Edberg regardin, Den house event invitation for th ~ninsula neighborhood; Jean Villarreal regardin! ine evacuees; Scot We., regarding Dorothy sculpture on Ped Mall; Peter La regarding PATV; Daniel B regarding Public nuisance - Fraternity house at Irner of Ronald and Du Jque Street; Sarah Traeger regarding Hurricane a Fundraiser. Affirmative roll call vote u 7/0, all Council present. The Mayor declared the motion carried. Keith Ruff, 601 S. Gilbert St., ~nked Courfor their support of the ADA celebration. Joseph Brisben, 726 Clark St., urged zens to in favor of pubic power. Moved by Bailey, seconded by Vi to set a public hearing for October 5 on an ordinance amending Title 14 entitled ~ment Code," by: repealing Chapters 4, 6 and 9 and replacing them with the new Ti' 14 Zoning Code, amending portions of Chapters 1 and 5, renumbering Chapters 1, I, 5, 7, 8, 10 and 11, and repealing Chapter 12. Affirmative roll call vote unanimous, ;ouncil Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by set a public hearing for October 4 on a resolution approving the annexation of .9 acres located on American Legion Road (formerly Fairview Golf Course). ive vote unanimous, 7/0, all Council Members present. The Mayor the motion Moved by Vanderhoef, by O'Donnell, a public hearing October 4 on an ordinance conditionally rezoning pproximately 51.9 from County Residential (R) to Low Density Single-Family residen (RS-5) for property on American Legion Road (formerly Fairview Golf Course). ~tive roll call vote 7/0, all Council Members present. The Mayor d ;lared the motion carried. Moved by Champion, se by Bailey, that ORD. CONDITIONALLY REZONING APPR£ ACRES FROM INTERIM ~PMENT RESIDENTIAL (ID-RS) ZONE TO LOW ;ITY SINGLE FAMILY - SENSITIVE REAS OVERLAY (OSA- 5) ZONE FOR .OCATED WEST OF KENNEDY AY AND EAST OF CAMP CARDINAL ~-00019/Cardinal Ridge), be passed adopted. Affirmative roll call vote qanimous, 7/0, all Council Members present. Mayor declared the ordinance adopte Moved by W seconded by O'Donnell, to adopt RES. 05-313, NG THE PRELIMINARY OF CARDINAL RIDGE, IOWA CITY, IOWA. ,e roll call vote unanimous, 7/0, Council Members present. The Mayor declared the re.' ~tion adopted. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 05-4181, CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES FROM INTENSIVE COMMERCIAL (C1-1) Complete Description September 20, 2005 Page 4 ZONE AND MEDIUM DENSITY SINGLE -FAMILY RESIDENTIAL (RS-8) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED BETWEEN NORTH DODGE STREET AND DODGE STREET COURT, EAST OF CONKLIN LANE (REZ05-00003), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by V, anderhoef, seconded by Bailey, that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees" Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fine and Penalties," Section 9, entitled "Violation of Various Code Sections," to make the fine for littering the same as the fine under the State Code, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Bailey, to adopt RES. 05-314, APPROVING THE CALL TO ARTISTS FOR TWO PUBLIC ART PROJECTS; ONE EACH IN THE KICKER'S SOCCER PARK AND THE SYCAMORE GREENWAY TRAIL. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. Nays: Elliott. Absent: None. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 05-315, REJECTING BIDS RECEIVED ON SEPTEMBER 8, 2005 FOR THE JC DogPAC DOG PARK PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. Individual Council Members expressed their views. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 05-316, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PRICING AMENDMENT TO THE LISTING AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 05-317, APPROVING SETTLEMENT OF PENDING CLAIM to Florence Hayslett for $22,259.42. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayo~ noted the vacancy on the Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006, will be readvertised. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor '~oted the current vacancies: Board of Adjustment, to fill a five-year term January 1,2006 -'January 1,2011; Airport Zoning Commission to fill a six-year term Janua;'y 1,2006 - December 31,2011; Animal Care and Adoption Center Advisory Board to fill a three-year term January 1,2006 - December 31,2008; Board of Appeals, for a Licensed Electrician to fill a five-year term January 1,2006 - December 31, 2010. Human Rights Commission for three vacancies to fill three-year terms January 1,2006 - January 1,2009; Parks and Recreation Commission for three vacancies, two (2) to fill four-year terms January 1,2006- January 1,2010 and one (1)to fill an unexpired term ending January 1,2007; [Correspondence included in Council packet]; Public Art Advisory Committee for two Complete Description September 20, 2005 Page 5 vacancies to fill three-year terms January 1,2006 - January 1,2009; Senior Center Commission for two vacancies to fill three-year terms January 1,2006 - December 31,2008. Applications must be received by 5:00 p.m., Wednesday, October 26, 2005. Council Member Elliott noted his computer was down and asked colleagues to be patient when awaiting a response; congratulated the terrific job by Press-Citizen cartoonist Bob Patton. Council Member O'Donnell acknowledged the donation by Cedar Valley Area Development of 40-50 bicycles to the Mayor's Youth Program. Council Member Vanderhoef reported on the Iowa League of Cities meeting in Des Moines, and reminded Councilors that next year's meeting is scheduled in Coralville and is hoping for a large number of Iowa City councilors to attend. Mayor Pro tem Wilburn noted the lessons learned as a result of Hurricane Katrina, and asked Council concurrence to explore education information that could be used jointly throughout the city, county and schools to better prepare ourselves for disasters. Council Member O'Donnell stated that as a member of the Emergency Management Commission he would gather information at their next meeting and bring it to a work session. Majority agreed to direct the City Manager to do some exploration with City staff and report back. Council Member Bailey reminded citizens to vote on October 11, primary day for City Council At-large seats; noted free tickets were available for Richard Florida speaking at Hancher the same evening. In response to Mayor Lehman, Council Member Vanderhoef provided details of the National League of Cities Transportation and Infrastructure Committee meeting in Iowa City. Mayor Lehman reminded citizens of the Human Rights breakfast scheduled for September 28 at 7:30 AM at IMU. Asst, City Manager Helling stated the new Human Rights Coordinator Stephanie Bowers will also be attending. UISG Representative Jeremy Schreiber reminded everyone of the "Meet the Police Chief" event planned September 21 at the Library co-sponsored by AARP and UISG. Moved by O'Donnell, seconded by Champion, to adjourn meeting at 7:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all C./~cil M_Tbers,,.~.~,~ ,¢~'~E(r~st W Lehman, Mayor Man'an K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS 9/6/05 Iowa City City Council, special meeting, 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion (6:36), Elliott, Lehman, O'Donnell (6:36), Vanderhoef, Wilburn. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting 6:45 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk . Submitted for publication- 9/~/~.~'~'~ 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 - 9/6/05 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: Constitution Week September 11-17, 2005, Shalla Wilson, Pilgrim Chapter of Daughter's of the American Revolution accepting; National Alcohol and Drug Addiction Recovery Month September 2005, Dana Figlock, College of Public Health 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: August 15, Special Council Meeting Official and Complete; August 15, Regular Council Work Session; August 16, 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): Board of Adjustment - July 13, 2005; Airport Commission - July 14, 2005; Historic Preservation Commission - July 14, 2005; Police Citizens Review Board - June 14, 2005; Senior Center Commission - July 19, 2005; Airport Commission - July 27, 2005; Planning and Zoning Commission - August 4, 2005; Airport Commission - August 8, 2005; Human Rights Commission - July 26, 2005; Human Rights Commission - August 17, 2005; Public Library: July 28, 2005. Permit Motions and Resolutions as recommended by the City Clerk. New: Class B Wine Permit for Prairie Table, 223 E. Washington St.; Outdoor Service Area for Fitzpatrick's, 310 E. Prentiss St. Renewal: Class C Liquor License for Takanami, 217 Iowa Ave.; Class C Liquor License for Union Bar, 121 E. College St. [Correspondence from Assistant County Attorney Andy Chappell included]; Special Class C Liquor License for Cottage Bakery & Cafb, 14 S. Linn St.; Class C Beer Permit for L & M Mighty Shop, Inc., 504 E. Burlington St.; Class C Beer Permit for New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Beer Permit for Gasby's, 1310 S. Gilbert St..; Class C Beer Permit for Hawkeye Oil Company, Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Liquor License for Diamond Dave's, 201 S. Clinton St. Suite 112; Class C Liquor License for Los Portales, 1402 S. Gilbert St.; RES. 05-283, TO ISSUE CIGARETTE PERMIT for After Hours, 114 ~ E. College St.; RES. 05-284, TO ISSUE DANCING PERMIT for Union Bar, 121 E. College St. Motion: approve disbursements in the amount of $18,967,933.55 for the period of July 1 thlough July 31,2005, as recommended by the Finance Director subject to audit. Official Actions September 6, 2005 Page 2 Resolutions: RES. 05-285, APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT A, RUPPERT HILLS, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, FOR PUBLIC PARK PURPOSES; RES. 05-286, APPROVING A CONSENSUAL DUAL AGENCY ADDENDUM TO THE LISTING AGREEMENT FOR COMMERCIAL SPACE AT THE COURT STREET TRANSPORTATION CENTER WITH NAI IOWA REALTY COMMERCIAL; RES. 05-287, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO AGREEMENTS, A MORTGAGE AGREEMENT AND AN AMENDMENT TO THE AGREEMENT FOR THE PROPERTY LOCATED AT 2105 BROADWAY STREET AND 2651 ROBERTS ROAD, IOWA CITY, IOWA; RES. 05- 288, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 424 NORTH VAN BUREN STREET, IOWA CITY, IOWA; RES. 05-289, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1164 HOTZ AVENUE, IOWA CITY, IOWA; RES. 05-290, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 903 IOWA AVENUE, IOWA CITY, IOWA; RES. 05-291, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1220 VILLAGE GREEN ROAD #11, IOWA CITY, IOWA; RES. 05-292, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 455 N. FIRST AVENUE, IOWA CITY, IOWA; RES. 05-293, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2005; RES. 05-294, ACCEPTING THE WORK FOR THE 2005 DAVENPORT STREET WATER IMPROVEMENTS PROJECT; RES. 05-295, ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERT PROJECT; RES. 05-296, APPROVING THE POLICE CHIEF MONEY PURCHASE RETIREMENT PLAN BENEFIT. Correspondence: Memorandum from the Acting JCCOG Traffic Engineering Planner regarding installing NO PARKING CORNER TO HERE sign on the east side of Miller Avenue, north of Benton Street; Jim Surratt regarding Soaring gas prices; Jim Surratt regarding Mass Transit; Patrick Arnett regarding Statue in downtown; Tim Leaven regarding Bus routes; Impact, The Iowa City/Coralville CVB E-Newsletter and Visitors Guide Information; Gordon Zumwalt regarding two Petitions - Installation of bus stop, 4 way stop system and crosswalk on Scott Blvd, letter from Pamela Wulf regarding Crosswalk on Scott Blvd; letter from John Kammermeyer and four petitions regarding new zoning code designations; Catherine Moore regarding Thank you to Iowa City Police Department; letter from Danielle Malatek, Johanna Lucas, Subha Subramanian, Lauren Levitz, Ashley McBurney regarding Youth Commission Board; Nate Steele regarding Apartment Recycling Programs; Colleen Schuberth regarding University of Iowa Ranking in Princeton Review; Jennifer New regarding City Park Pool; Elizabeth Aubrey, M. Dewey and Susan McGuire, Jean Gibson, Sheila Official Actions September 6, 2005 Page 3 Creth, Judy McPartland, Dave Collins regarding Hurricane refugees; Shelley Stout regarding Homecoming Parade; Ellen Lewin, Liz Goodman regarding Noise/First Avenue Club; Bruce Clark regarding Habitat Recycle and Restore Center. Gordon Zumwalt, 1010 Scott Park Dr., appeared regarding installation of bus stop and crosswalk at Scott Blvd.; staff will respond. The Mayor declared the motion carried. City Manager Atkins updated Council on coordinated efforts on the part of the ten largest Iowa cities, facilitated by Governor Vilsack, to provide assistance to Hurricane Katrina victims. Walter Helms, 330 Beldon Ave., appeared on behalf of Citizens for Public Power. Danielle Malatek, Subha Subramanian, and Johanna Lucas requested Council consideration of a Youth Advisory Board; Council requested the matter be added to the October 3 Board and Commission discussion. Moved and seconded to accept correspondence. The Mayor declared the motion carried. Mark Kresowik, President of the Student Government, endorsed the concept of a Youth Advisory Board, and invited Council Members to attend the Town- Gown Social on Friday, October 21, from 7-10PM in the Sheraton Hotel Ballroom. Moved and seconded to accept correspondence. The Mayor declared the motion carried. Peter Lagios appeared regarding PATV issues. Moved and seconded that the ordinance conditionally rezoning approximately 92 acres from Interim Development Residential (ID-RS) Zone to Low Density Single Family - Sensitive Areas Overlay (OSA-5) Zone for property located west of Kennedy Parkway and east of Camp Cardinal Road (REZ03-00019), be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance conditionally rezoning approximately 2.19 acres from Intensive Commercial (C1-1) Zone and Medium Density Single-Family Residential (RS-8) Zone to Community Commercial (CC-2) Zone for property located between North Dodge Street and Dodge Street Court, east of Conklin Lane (REZ05-00003), be given second vote. The Mayor declared the motion carried. Moved and seconded that ORD. 05-4175, REZONING APPROXIMATELY 3.16 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) ZONE' TO LOW DENSITY SINGLE-FAMILY (RS-5) ZONE FOR PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE, be passed and adopted. Moved and seconded to adopt RES. 05-297, APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION, PART IV, IOWA CITY, IOWA. Moved and seconded to adopt RES. 05-298, APPROVING FINAL PLAT OF MWD DAVIS ADDITION, A PORTION OF WHICH INCLUDES A RESUBDIVISION OF LOTS 13-17 OF RH DAVIS SUBDIVISION, AND A PORTION OF OLDE OAK LANE IN RH DAVIS SUBDIVISION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 05-299, APPROVING FINAL PLAT OF OLDE TOWNE VILLAGE, IOWA CITY, IOWA. A public hearing was held on resolution authorizing conveyance of a 5,941 square foot parcel of property to adjacent property owners John H. Roffman and Joellen S. Roffman. Moved and seconded to adopt RES. 05-300, AUTHORIZING CONVEYANCE OF A 5,941 SQUARE FOOT PARCEL OF PROPERTY TO ADJACENT PROPERTY OWNERS JOHN H. ROFFMAN AND JOELLEN S. ROFFMAN. A public hearing was held on resolution approving plans, specifications, form of contract, and estimate of cost of the construction of a duplex home under the Affordable Official Actions September 6, 2005 Page 4 Dream Home Opportunities Program, establishing amount of bid security to accompany each bid, directing the City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 05-301, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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- 4176, AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY, AND AMENDING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY TO REFLECT VARIOUS BOUNDARY CHANGES TO THE CORPORATE LIMITS OF IOWA CITY be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that ORD. 05-4177, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO ESTABLISH THE SPEED LIMIT ON COURT STREET EAST OF ITS INTERSECTION WITH LINDEMANN DRIVE, be passed and adopted. 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- 4178, AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES" CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS," TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 10, ENTITLED "PARKING FOR LOADING AND UNLOADING" AND SECTION 14, ENTITLED "ENFORCEMENT," AND ADDING NEW SECTION 15 ENTITLED "LIBRARY PARKING" TO INCREASE AVAILABILITY OF PARKING FOR LIBRARY PATRONS, TO ESTABLISH FINES FOR LIBRARY PARKING VIOLATIONS, AND TO PROVIDE FOR INCREASED ENFORCEMENT OF LOADING ZONE VIOLATIONS, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 05- 4179, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO ESTABLISH THE SPEED LIMIT ON SOCCER PARK ROAD FROM ITS INTERSECTION WITH LEHMAN AVENUE TO THE ENTRANCE OF THE SOCCER PARK, be voted on for final passage at this time. The Mayor Official Actions September 6, 2005 Page 5 declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 05-302, AMENDING THE BUDGETED POSITIONS IN THE HOUSING INSPECTION DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY THE REDUCTION OF ONE FULL-TIME HOUSING INSPECTOR POSITION TO A PART-TIME (.5) POSITION AND THE ADDITION OF ONE PART-TIME (.63) HOUSING INSPECTION ASSISTANT POSITION AND AMENDING THE AFSCME PAY PLAN BY THE ADDITION OF THE POSITION OF HOUSING INSPECTION ASSISTANT. Mayor Pro tem Wilburn left the room due to a conflict of interest. Moved and seconded to adopt RES. 05-303, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FOUR OAKS FAMILY AND CHILDREN'S SERVICES FOR OPERATION OF A CHILD CARE CENTER AT 1516 SHERIDAN AVENUE. Mayor Pro tem Wilburn returned to the meeting. Moved and seconded to adopt RES. 05-304, AMENDING THE BUDGETED POSITIONS AT THE LIBRARY BY DELETING ONE OFFICE MANAGERmLIBRARY POSITION AND ADDING ONE ADMINISTRATIVE COORDINATOR--LIBRARY POSITION. Moved and seconded to adopt RES. 05-305, APPROVING LOCAL FUNDING FOR LOPAREX INC. RELATED TO ECONOMIC DEVELOPMENT ASSISTANCE AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND\OR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Moved and seconded to amend the resolution to confirm a $75,000 three year forgivable loan, with City funds secured through the compliance period and contingent upon Loparex being awarded CEBA funding from the State of Iowa. The Mayor declared the amendment carried. The Mayor declared the resolution adopted as amended. Moved and seconded to adopt RES. 05-306, AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST LOPAREX INC. Moved and seconded to adopt RES. 05-307, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2005 UPDATING OF RATES FOR BASIC CABLE SERVICES. Moved and seconded to adopt RES. 05-308, RATIFYING THE SETTLEMENT OF PENDING LITIGATION. The Mayor noted the previously announced vacancy on the Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006. Applications must be received by 5:00 p.m., Wednesday, September 14, 2005. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn at 8:10 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. Official Actions September 6, 2005 Page 6 s/Ernest W; Lehman, Mayor s/Marian K. Kar. j:, City Clerk . ,, Submitted for publication - 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 SEPTEMBER 6, 2005 Iowa City City Council, special meeting, 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion (6:36), Elliott, Lehman, O'Donnell (6:36), Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Dilkes, Karr. Council minutes tape recorded on Tape 05-53, Side 1. Moved by Bailey, seconded by Wilburn, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 5/0, O'Donnell, Champion absent. The Mayor declared the motion carried and adjourned into executive session 6:35 p.m. Council returned to open session 6:43 p.m. Moved by Elliott, seconded by Bailey, to adjourn the special meeting 6:45 p.m. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 6, 2005 Iowa City City Council, regular meeting, 7:00 p.m. at City Hall. Mayor Lehman presiding. Council members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Nasby, Boothroy. Council minutes tape recorded on Tape 05-55, Sides 1 & 2. The Mayor proclaimed: Constitution Week September 11-17, 2005, Shalla Wilson, Pilgrim Chapter of Daughter's of the American Revolution accepting; National Alcohol and Drug Addiction Recovery Month September 2005, Dana Figlock, College of Public Health accepting. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 15, Special Council Meeting Official and Complete; August 15, Regular Council Work Session; August 16, 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): Board of Adjustment - July 13, 2005; Airport Commission - July 14, 2005; Historic Preservation Commission - July 14, 2005; Police Citizens Review Board - June 14, 2005; Senior Center Commission - July 19, 2005; Airport Commission - July 27, 2005; Planning and Zoning Commission - August 4, 2005; Airport Commission - August 8, 2005; Human Rights Commission - July 26, 2005; Human Rights Commission - August 17, 2005; Public Library: July 28, 2005. Permit Motions and Resolutions as recommended by the City Clerk. New: Class B Wine Permit for Prairie Table, Inc., dba Prairie Table, 223 E. Washington St.; Outdoor Service Area for Bowman Ventures, Inc., dba Fitzpatrick's, 310 E. Prentiss St. Renewal: Class C Liquor License for Takanami, LLC, dba Takanami, 217 Iowa Ave.; Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St. [Correspondence from Assistant County Attorney Andy Chappell included]; Special Class C Liquor License for Cottage of Iowa City, Inc., dba Cottage Bakery & Cafb, 14 S. Linn St.; Class C Beer Permit for L & M Mighty Shop, Inc., L & M Mighty Shop, Inc., 504 E. Burlington St.; Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's, 1310 S. Gilbert St..; Class C Beer Permit for Hawkeye Oil Company, Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Liquor License for DDTC-OId Cap, Inc., dba Diamond Dave's, 201 S. Clinton St. Suite 112; Class C Liquor License for Los Portales Mexican Restaurant, Inc., dba Los Portales, 1402 S. Gilbert St.; RES. 05-283, TO ISSUE CIGARETTE PERMIT for After Hours dba After Hours, 114 ½ E. Complete Description September 6, 2005 Page 2 College St.; RES. 05-284, TO ISSUE DANCING PERMIT for Cream, LLC, dba Union Bar, 121 E. College St. Motion: approve disbursements in the amount of $18,967,933.55 for the period of July 1 through July 31,2005, as recommended by the Finance Director subject to audit. Resolutions: RES. 05-285, APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT A, RUPPERT HILLS, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, FOR PUBLIC PARK PURPOSES; RES. 05-286, APPROVING A CONSENSUAL DUAL AGENCY ADDENDUM TO THE LISTING AGREEMENT FOR COMMERCIAL SPACE AT THE COURT STREET TRANSPORTATION CENTER WITH NAI IOWA REALTY COMMERCIAL; RES. 05-287, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO AGREEMENTS, A MORTGAGE AGREEMENT AND AN AMENDMENT TO THE AGREEMENT FOR THE PROPERTY LOCATED AT 2105 BROADWAY STREET AND 2651 ROBERTS ROAD, IOWA CITY, IOWA; RES. 05- 288, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 424 NORTH VAN BUREN STREET, IOWA CITY, IOWA; RES. 05-289, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1164 HOTZ AVENUE, IOWA CITY, IOWA; RES. 05-290, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 903 IOWA AVENUE, IOWA CITY, IOWA; RES. 05-291, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1220 VILLAGE GREEN ROAD #11, IOWA CITY, IOWA; RES. 05-292, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 455 N. FIRST AVENUE, IOWA CITY, IOWA; RES. 05-293, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2005; RES. 05-294, ACCEPTING THE WORK FOR THE 2005 DAVENPORT STREET WATER IMPROVEMENTS PROJECT; RES. 05-295, ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERT PROJECT; RES. 05-296, APPROVING THE POLICE CHIEF MONEY PURCHASE RETIREMENT PLAN BENEFIT. Correspondence: Memorandum from the Acting JCCOG Traffic Engineering Planner regarding installing NO PARKING CORNER TO HERE sign on the east side of Miller Avenue, north of Benton Street; Jim Surratt regarding Soaring gas prices; Jim Surratt regarding Mass Transit; Patrick Arnett regarding Statue in downtown; Tim Leaven regarding Bus routes; Impact, The Iowa City/Coralville CVB E-Newsletter and Visitors Guide Information; Gordon Zumwalt regarding two Petitions - Installation of bus stop, 4 way stop system and crosswalk on Scott Blvd, letter from Pamela Wulf regarding Crosswalk on Scott Blvd; letter from John Kammermeyer and four petitions regarding new zoning code designations; Catherine Moore regarding Thank Complete Description September 6, 2005 Page 3 you to Iowa City Police Department; letter from Danielle Malatek, Johanna Lucas, Subha Subramanian, Lauren Levitz, Ashley McBurney regarding Youth Commission Board; Nate Steele regarding Apartment Recycling Programs; Colleen Schuberth regarding University of Iowa Ranking in Princeton Review; Jennifer New regarding City Park Pool; Elizabeth Aubrey, M. Dewey and Susan McGuire, Jean Gibson, Sheila Creth, Judy McPartland, Dave Collins regarding Hurricane refugees; Shelley Stout regarding Homecoming Parade; Ellen Lewin, Liz Goodman regarding Noise/First Avenue Club; Bruce Clark regarding Habitat Recycle and Restore Center. Gordon Zumwalt, 1010 Scott Park Dr., appeared regarding installation of bus stop and crosswalk at Scott Blvd.; staff will respond. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. City Manager Atkins updated Council on coordinated efforts on the part of the ten largest Iowa cities, facilitated by Governor Vilsack, to provide assistance to Hurricane Katrina victims. Walter Helms, 330 Beldon Ave., appeared on behalf of Citizens for Public Power. Danielle Malatek, Subha Subramanian, and Johanna Lucas requested Council consideration of a Youth Advisory Board; Council requested the matter be added to the October 3 Board and Commission discussion. Moved by Bailey, seconded by Wilburn, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mark Kresowik, President of the Student Government, endorsed the concept of a Youth Advisory Board, and invited Council Members to attend the Town-Gown Social on Friday, October 21, from 7-10PM in the Sheraton Hotel Ballroom. Moved by O'Donnell, seconded by Bailey, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Peter Lagios appeared regarding PATV issues. Moved by Bailey, seconded by O'Donnell, that the ordinance conditionally rezoning approximately 92 acres from Interim Development Residential (ID-RS) Zone to Low Density Single Family - Sensitive Areas Overlay (OSA-5) Zone for property located west of Kennedy Parkway and east of Camp Cardinal Road (REZ03-00019/Cardinal Ridge), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, that the ordinance conditionally rezoning approximately 2.19 acres from Intensive Commercial (C1-1) Zone and Medium Density Single-Family Residential (RS-8) Zone to Community Commercial (CC-2) Zone for property located between North Dodge Street and Dodge Street Court, east of Conklin Lane (REZ05-00003), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Wilburn, that ORD. 05-4175, REZONING APPROXIMATELY 3.16 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE-FAMILY (RS-5) ZONE FOR PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE (Galway Hills, Part 4), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 05-297, APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION, PART IV, IOWA CITY, Complete Description September 6, 2005 Page 4 IOWA. 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. 05-298, APPROVING FINAL PLAT OF MWD DAVIS ADDITION, A PORTION OF WHICH INCLUDES A RESUBDIVISION OF LOTS 13-17 OF RH DAVIS SUBDIVISION, AND A PORTION OF OLDE OAK LANE IN RH DAVIS SUBDIVISION, IOWA CITY, IOWA. 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. 05-299, APPROVING FINAL PLAT OF OLDE TOWNE VILLAGE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on resolution authorizing conveyance of a 5,941 square foot parcel of property to adjacent property owners John H. Roffman and Joellen S. Roffman. No one appeared. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 05-300, AUTHORIZING CONVEYANCE OF A 5,941 SQUARE FOOT PARCEL OF PROPERTY TO ADJACENT PROPERTY OWNERS JOHN H. ROFFMAN AND JOELLEN S. ROFFMAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on resolution approving plans, specifications, form of contract, and estimate of cost of the construction of a duplex home under the Affordable Dream Home Opportunities Program, establishing amount of bid security to accompany each bid, directing the City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Bailey, seconded by Champion, to adopt RES. 05-301, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE 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. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 05-4176, AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY, AND AMENDING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY TO REFLECT VARIOUS BOUNDARY CHANGES TO THE CORPORATE LIMITS OF IOWA CITY 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 Champion, 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 Wilburn, seconded by O'Donnell, that ORD. 05-4177, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED SPEED RESTRICTIONS," SUBSECTION B, ENTITLED Complete Description September 6, 2005 Page 5 "EXCEPTIONS" TO ESTABLISH THE SPEED LIMIT ON COURT STREET EAST OF ITS INTERSECTION WITH LINDEMANN DRIVE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, 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. 05-4178, AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES" CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS," TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 10, ENTITLED "PARKING FOR LOADING AND UNLOADING" AND SECTION 14, ENTITLED "ENFORCEMENT," AND ADDING NEW SECTION 15 ENTITLED "LIBRARY PARKING" TO INCREASE AVAILABILITY OF PARKING FOR LIBRARY PATRONS, TO ESTABLISH FINES FOR LIBRARY PARKING VIOLATIONS, AND TO PROVIDE FOR INCREASED ENFORCEMENT OF LOADING ZONE VIOLATIONS, 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 Wilburn, seconded by Bailey, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. Nays: Elliott. Absent: None. 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. 05-4179, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO ESTABLISH THE SPEED LIMIT ON SOCCER PARK ROAD FROM ITS INTERSECTION WITH LEHMAN AVENUE TO THE ENTRANCE OF THE SOCCER PARK, 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 Bailey, seconded by Champion, 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 O'Donnell, to adopt RES. 05-302, AMENDING THE BUDGETED POSITIONS IN THE HOUSING INSPECTION DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY THE REDUCTION OF ONE FULL-TIME HOUSING INSPECTOR POSITION TO A PART-TIME (.5) POSITION AND THE ADDITION OF ONE PART-TIME (.63) HOUSING INSPECTION ASSISTANT POSITION AND AMENDING THE AFSCME PAY PLAN BY THE ADDITION OF THE POSITION OF HOUSING INSPECTION ASSISTANT. Affirmative roll call vote unanimous, 7/0, all Council Members present.' The Mayor declared the resolution adopted. Mayor Pro tem Wilburn left the room due to a conflict of interest. Moved by Champion, seconded by Elliott, to adopt RES. 05-303, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FOUR OAKS FAMILY AND CHILDREN'S SERVICES FOR Complete Description September 6, 2005 Page 6 OPERATION OF A CHILD CARE CENTER AT 1516 SHERIDAN AVENUE. Economic and Community Development Coordinator Nasby present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn returned to the meeting. Moved by Bailey, seconded by O'Donnell, to adopt RES. 05-304, AMENDING THE BUDGETED POSITIONS AT THE LIBRARY BY DELETING ONE OFFICE MANAGER-- LIBRARY POSITION AND ADDING ONE ADMINISTRATIVE COORDINATOR--LIBRARY POSITION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 05-305, APPROVING LOCAL FUNDING FOR LOPAREX INC. RELATED TO ECONOMIC DEVELOPMENT ASSISTANCE AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND\OR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Individual Council Members expressed their views. Moved by Bailey, seconded by Elliott, to amend the resolution to confirm a $75,000 three year forgivable loan, with City funds secured through the compliance period and contingent upon Loparex being awarded CEBA funding from the State of Iowa. The Mayor declared the amendment carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-306, AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST LOPAREX INC. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 05-307, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2005 UPDATING OF RATES FOR BASIC CABLE SERVICES. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Bailey, Elliott. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 05-308, RATIFYING THE SETTLEMENT OF PENDING LITIGATION to William D. Amos and Mahnaz Barooni for $75,000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancy on the Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006. Applications must be received by 5:00 p.m., Wednesday, September 14, 2005. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Elliott noted there was plenty of blame to go around surrounding assistance for Hurricane Katrina victim, but complimented efforts made by Russ Gerdin and Heartland Express, Wal-Mart, and local efforts. Complete Description September 6, 2005 Page 7 Council Member Champion raised concerns regarding parking in the alley behind the Englert Theater, Council Members expressed support for prohibiting parking in all alleys except for loading vehicles. Council Member O'Donnell echoed earlier comments made by Council Member Elliott and urged everyone to assist those displaced by Hurricane Katrina. Council Member Vanderhoef acknowledged city efforts regarding housing rehabilitation programs and cited the accomplishments of neighboring communities. Mayor Pro rem Wilburn thanked the community for their response in the form of financial support, donations of collected items, and volunteer time for Hurricane Katrina victims; and thanked young people for their presentation earlier concerning the formulation of a Youth Advisory Board. Council Member Bailey echoed comments on work involved in the youth advisory board presentation; commended assistance efforts by the University of Iowa Hospitals in response to Hurricane Katrina victims; and encouraged donations to our local United Way's sister city in Foley, Alabama. Moved by O'Donnell, seconded by Bailey, to adjourn at 8:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Date: September 6, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 6, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn UISG Representative: Schreiber Staff: Atkins, Helling, Dilkes, Karr, Craig, Rocca, O'Malley, Mansfield, Boothroy, Nasby, Franklin Tapes: 05-50, Side 2; 05-54, Side 1 (A coml:;lete transcription is available in the City Clerk's Office) BUDGET REVIEW (IP2 of 8/25 Information Packet) City Manager Atkins presented information. Fire Chief Rocca present for discussion. Based on discussion flipcharts were developed. Flipchart # 1 PUBLIC SAFETY · Dispatch center (city share) $ · Plan - new hires How they are assigned - firefighters · 4th station - options staffing Timetable for staff plan · Fire Chief- metro area -training, cost share · Increase in Police staff · Annual deer processing - CDBG -bow hunt · Late nite transport (CAMBUS) alcohol safety Council Work Session September 6, 2005 Page 2 Flipchart # 2 PUBLIC WORKS · Energy Conservation Update · Wind energy applicability · Mass transit (regional system) · SEATS · CommercialWaste pick up · Recycling (CR cardboard) Apartments · Dewey Street · Gilbert Street - Brown/Kimball · College Street - near Trinity Church Street trees · Riverside Drive - pedestrian way · Dubuque - Church- turn · Runway delay - continue Mormon Trek extended · Benton Street repair (sewer/water) · Forestry update The budget review will continue at the September 19 work session. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. CONDITIONALLY REZONING APPROXIMATELY 92 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE FAMILY - SENSITIVE AREAS OVERLAY (OSA-5) ZONE FOR PROPERTY LOCATED WEST OF KENNEDY PARKWAY AND EAST OF CAMP CARDINAL ROAD (REZ03-00019/Cardinal Ridge) (SECOND CONSIDERATION) B. CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES FROM INTENSIVE COMMERCIAL (C1-1) ZONE AND MEDIUM DENSITY SINGLE -FAMILY RESIDENTIAL (RS-8) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED BETWEEN NORTH DODGE STREET AND DODGE STREET COURT, EAST OF CONKLIN LANE (REZ05-00003). (SECOND CONSIDERATION) C. REZONING APPROXIMATELY 3.16 ACRES FROM INTERIM DEVELOPMENT SINGLE- FAMILY RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE-FAMILY (RS-5) ZONE FOR PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE. (REZ05-00008/Galway Hills, Part 4). (PASS AND ADOPT) D. APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION, PART IV, IOWA CITY, IOWA. (SUB05-00012) Council Work Session September 6, 2005 Page 3 E. APPROVING THE FINAL PLAT OF MWD DAVIS ADDITION, A PORTION OF WHICH INCLUDES A RESUBDIVlSION OF LOTS 13-17 OF RH DAVIS SUBDIVISION, AND A PORTION OF OLDE OAK LANE IN RH DAVIS SUBDIVISION, IOWA CITY, IOWA (SUB05-00009) (DEFERRED FROM 7/19, 8/2 AND 8/16) PCD Director Franklin noted that the item had been deferred because of construction papers and legal papers, and now documents were in order. F. APPROVING THE FINAL PLAT OF OLDE TOWNE VILLAGE, IOWA CITY, IOWA. (SUB05- 00016) (DEFERRED FROM 8/16) ZONING CODE SCHEDULE (IP2 and IP3 of 9/1 Information Packet) PCD Director Franklin, City Clerk Karr, and City Attorney Dilkes present. After discussion Council agreed to the following schedule: Monday, September 19 - Work Session (presentation by staff on zoning) Tuesday, September 20 - Formal Monday, September 26 - Spec. Work Session/joint with Planning & Zoning (residential zoning) Tuesday, September 27 - Spec. Work Session/joint with Planning & Zoning (commercial zoning) Monday, October 3 - Work Session Tuesday, October 4 - Formal Wednesday, October 5 - Special formal (public hearing zoning code) Monday, October 10 - Special work session or formal (zoning code) Monday, October 17 - Work Session Tuesday, October 18 - Formal Wednesday, October 19 -Joint meeting in North Liberty Monday, October 31 - Work Session (Special time 2:00-5:00 p.m.) Tuesday, November 1 - Formal Monday, November 7 - Special work session or formal (zoning code) Monday, November 14 - Work Session Tuesday, November 15 - Formal Saturday, December 3 - Meeting with area Legislators (noon) Council Work Session September 6, 2005 Page 4 Monday, December 12 - Special Work Session Tuesday, December 13 - Special Formal PCD Director Franklin stated copies of the Code would be provided to Council as soon as they are available, but that a hard copy matrix of changes will be in the next information packet. Majority agreed to schedule 10/31 work session item to establish legislative priorities and resolution adopting priorities set for November 15 prior to December meeting with legislators. STAFF ACTION: Zoning Code matrix showing changes provided in September 8 information packet; and text hard copies made available on September 12 to Council in three ring binders. (Franklin) Memo outlining schedule changes distributed in September 8 information packet. (Kart) AGENDA ITEMS 1. (Agenda item # 10 - ordinance amending Title 3 .... Library parking violations...) Council Member Champion reported that she had observed someone parked in the drop off space for some time and stated she felt this was a good ordinance. Library Director Craig said that there are library staff who are designated ticket writers with officer numbers. 2. (Agenda item # 7 - .... Construction of duplex ... affordable Dream Home Opportunities Program ... public hearing.., adopting plans ...) HIS Director Boothroy present for discussion. 31 (Consent Calendar item # 3(e)2 - resolution approving consensual dual agency addendum ... Court Street Transportation Center ...) In response to Council Member Elliott, the City Manager and City Attorney replied that the procedure was standard and not contrary to professional obligations. 4. (Agenda item # 17 - resolution concerning Mediacom Communications .... rates for basic cable service) In response to Council Member Bailey, Asst. City Manager Helling stated that the $11.95 charge to customers in August had been brought to Mediacom's attention and refunds will be made. 5. (Consent Calendar item # 3(e)1 - resolution approving acceptance of dedication .... Outlot A, Ruppert Hills ... for public park purposes) In response to Council Member Vanderhoef, the City Manager stated the parcel was the Benton Street Park and the City had been awaiting the deedfrom the developers for dedication. 6. (Agenda items # 15 and # 16 - resolutions approving local funding .... and authorizing application for financial assistance ... Loparex Inc.) Community and Economic Development Coordinator Nasby summarized Economic Development Committee recommendations to approve to confirm a $75,000 three year forgivable loan, with City funds secured through the compliance period and contingent upon Loparex being awarded CEBA funding from the State of Iowa. Council agreed to amend the resolution at the formal meeting. Council Work Session September 6, 2005 Page 5 COUNCIL TIME 1. Mayor Lehman noted a special formal meeting scheduled to begin at 6:30 that evening. 2. The Mayor stated he would the City Manager to update Council and the public about City assistance to Hurricane Katrina victims, and suggested that comments be done after adoption of the Consent Calendar and before public comment is received at the formal meeting. Council concurred. Meeting adjourned 6:20 PM.