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HomeMy WebLinkAbout2005-10-18 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 OCTOBER 18, 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, Howard, Miklo. Council minutes tape recorded on Tape 05-68, Both Sides; Tape 05-69, Both Sides. The Mayor proclaimed: Change Your Clock, Change Your Battery Day - October 30, 2005, Captain Larry Kahler accepting; United Nations Day - October 24, 2005, Wayne Osborn, President Johnson County United Nations Association accepting; Domestic Violence Awareness Month - October 2005, Linda Severson, Johnson County Coalition Against Domestic Violence accepting. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Brock Baumert, Tony Kirk, Olivia Lofgren. 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 26, Special Council Work Session; September 27, Special Council Work Session; October 3, Council Work Session; October 4, Regular Council Formal Official and Complete; October 5, Special Council Formal Official and Complete; October 10, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Historic Preservation Commission - August 15, 2005; Historic Preservation Commission: August 25, 2005; Historic Preservation Commission - September, 8, 2005; Senior Center Commission - August 16, 2005; Human Rights Commission - August 23, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Special Class C Liquor License for David Zaghloul dba Caf6 Z, 1705 S. First Ave.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; Special Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 327 E. Market St.; Class C Liquor License for La Casa, Ltd., dba La Casa, Ltd., 1200 Gilbert Ct.; RES. 05-329, TO ISSUE CIGARETTE PERMIT to Sakshi Handa dba Red Poppy, 341 E. College St. Setting a Public Hearing: Set a public hearing for November 1,2005 on an appeal to the City Council of the decision of the Historic Preservation Commission to deny a Certificate of Appropriateness to enclose gutters on the residence located at 517 Grant Street. Resolutions: RES. 05-330, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 613 RONALDS STREET, IOWA CITY, IOWA; Complete Description October 18, 2005 Page 2 RES. 05-331, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1406 SPRUCE STREET, IOWA CITY, IOWA; RES. 05- 332, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 733 HIGHLAND AVENUE, IOWA CITY, IOWA; RES. 05-333, ACCEPTING THE WORK FOR THE 2005 TRAFFIC SIGNALIZATION PROJECT. Correspondence: Marc Moen regarding Plaza Towers (Parcel 64-1A) completion date extension; Ellen Oltmanns regarding Thank you for traffic light at Scott and Court Streets; Gerald Ott regarding Invitation-Institute for Tomorrow's Workforce; Bob Sierk regarding Vehicle and Sign concern on N. First Ave and N. Dubuque St.; Joyce Barker regarding Homeless Shelter; Pam Wichmann regarding Bicycles on sidewalk; Mark Yontz regarding Assistance requested for job opportunities; Jerri LoTempio regarding Open Burning; Julie Todd regarding Police complaint [Staff response included]; Judith Leonard regarding Sidewalk Repair. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Bob Welsh, 840 Penfro, appeared regarding the November municipal power election. Susan Zoeckler, 306 Windsor Dr., presented information requesting installation of restrooms and water fountains at the Skateboard Park. Moved by Wilburn, seconded by Bailey, to accept correspondence from Ms. Zoeckler. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Alex Metcalf, 319 E. Court, appeared requesting clarification of the November ballot language for the November municipal power election. City Attorney Dilkes stated the Iowa Code requires that before a city can petition the Utilities Board to establish a municipal electric utility that there must be authorization by a vote of the people; therefore a "yes" vote would authorize the City to proceed to the Public Utilities Board. Moved by Bailey, seconded by Elliott to consider agenda item No. 15, a resolution establishing a Youth Advisory Commission for the City of Iowa City, Iowa at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 05-334 ESTABLISHING A YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA. Danielle Malatek appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, Neighborhood Commercial (CN-1) Zone, Mixed Use (MU) Zone and Public (P) Zone, for areas currently zoned CB-2 located south of Davenport Street and north of Jefferson Street. The following individuals appeared: Dr. John Kammermeyer, 116 Ferson; Marc Light, 225 E. Davenport St.; Armond Pagliai, 319 E. Bloomington St.; Sarah Buss Paulson, 416 N. Linn St. (Moved byWilburn, seconded by Vanderhoef, to accept correspondence from Sarah Buss Paulson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.); Tom Corcoran, 215 N. Linn St.; Greg Downes, 870 Capitol St.; Clare Sponsler, 413 N. Gilbert St.; Dennis Nowotny, 511 E. Washington St.; Val Skarta; Rebecca Neades, 3341 Rohret Rd., representing Chamber of Commerce; Michael Wright, 815 Roosevelt St.; Mark McCallum, Complete Description October 18, 2005 Page 3 811 E. College St. Individual Council Members expressed their views. PCD Director Franklin present for discussion. Moved by Elliott, seconded by Vanderhoef, to accept correspondence from Greg Downes; David Rust and Joy Smith (2), letter from Armond Pagliai with notarize~~ statements from Cele Lubin, Arthur Goldberg, John Alberhasky, Howard Carroll, Benjamin Chait, Anthony Christner, Mary Ellen Chudacek, Thomas Conway, Thomas Corcoran, Patricia Fisher, William Gilpin, Daniel Hanrahan, Mike Hodge, Michael Karr, Yuk Wah Lam, Olin Lloyd, John Logan, Jay Nelson, Armond Pagliai, David Panther, Vladimir Skarda, David Stoddard, Naftaly Stramer. Letters from Alvin Snider, Marc Light, Bluford Adams, Mike Singer, Mark Gomez, Tom Corcoran. Petition signed by Patricia Fisher, Vladmir Skarda, John Logan, Armond Pagliai, Howard Carroll, Thomas Conway, Olin Lloyd. Letters from Thomas Conway, Eric Gidal, Perry Howell, Jim Ponto, Libby Shannon. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by O'Donnell, seconded by Elliott, to defer to November 1 the ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, Neighborhood Commercial (CN-1) Zone, Mixed Use (MU) Zone and Public (P) Zone, for areas currently zoned CB-2 located south of Davenport Street and north of Jefferson Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.~: A public hearing was held on an ordinance rezoning property from Central Business'~ Service (CB-2) Zone to Central Business Support (CB-5) Zone, Mixed Use (MU) Zone and High Density Multi-Family Residential (RM-44) Zone, for areas currently zoned CB-2 located south of Jefferson Street and east of Gilbert Street. The following individuals appeared: Nila Haug, 517 E. Washington St.; Mark Holtkamp, NNW Engineers, 506 E. College St.; Stephen Trefz, Community Mental Health Center, 507 E. College St.; Dennis Nowotny, 511 E. Washington St.; Helen Burford, 528 E. College St. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence petition signed by: Stephen Trefz, Nila Haug, Jason Bradley, Pierce King, Mark Holtkamp; letters from Nila Haug, Dennis Nowotny, Mark Holtkamp; form letter from Nila Haug, Mark Holtkamp, Jason Bradley, Stephen Trefz. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Elliott, to defer to November 1 the ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, Mixed Use (MU) Zone and High Density Multi-Family Residential (RM-44) Zone, for areas cu~'rently zoned CB-2 located south of Jefferson Street and east of Gilbert ~ Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone and Planned High Density Multi-Family Residential (PRM) Zone for the areas currently zoned CB-2 located south of Burlington Street and west of Linn Street. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone and Planned High Density Multi-Family Residential (PRM) Zone for the areas currently zoned CB- 2 located south of Burlington Street and west of Linn Street, be given first vote. Individual Council Members expressed their views. PCD Director Franklin present for discussion. Complete Description October 18, 2005 Page 4 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning properties currently zoned Residential Factory-Built Housing (RFBH) Zone, to Planned Development Housing-High Density Single-Family (OPDH-12) Zone. No one appeared. Moved by Champion, seconded by Bailey, that the ordinance rezoning properties currently zoned Residential Factory-Built Housing (RFBH) Zone, to Planned Development Housing-High Density Single-Family (OPDH-12) Zone (REZ05-00017), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning property from Medium Density Single-Family (RS-8) to Planned Development Housing Overlay - Medium Density Single- Family (OPDH-8) for lots located on Longfellow Place within the Longfellow Manor Subdivision. No one appeared. Moved by Vanderhoef, seconded by Bailey, that the ordinance rezoning property from Medium Density Single-Family (RS-8) to Planned Development Housing Overlay - Medium Density Single-Family (OPDH-8) for lots located on Longfellow Place within the Longfellow Manor Subdivision, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located on Dodge Street Court within the Jacob Ricord's Subdivision. No one appeared. Moved by Bailey, seconded by Wilburn, to accept correspondence from Andrew Brobston. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, that the ordinance rezoning property from Medium Density S:ngle-Family (RS-8) to High Density Single-Family (RS-12) for lots located on Dodge Street C°urt within the Jacob Ricord's Subdivision, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located on Catskill Court within the East Hill Subdivision. Moved by O'Donnell, seconded by Vanderhoef, to continue the public hearing to November 1. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Elliott, to defer to November 1 the ordinance rezoning property from Medium Density Single-Family (RS-8)to High Density Single-Family (RS-12) for lots located on Catskill Court within the East Hill Subdivision. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located south and east of Whispering Meadcws Drive within the Whispering Meadows Subdivision. No one appeared. Moved by Champion, seconded by Wilburn, that the ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located south and east of Whispering Meadows Drive within the Whispering Meadows Subdivision, Complete Description October 18, 2005 Page 5 be given first vote? Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. ' A public hearing was held on an ordinance 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. The following individuals appeared: Dr. John Kammermeyer, 116 Ferson; Nancy Carlson, 1002 E. Jefferson St.; Mike Pugh, 4743 Dryden Ct., representing Greater Iowa City Homebuilders Association; Greg Allen, Tiffin; Gwen Johnson, 3038 Westberry; Sarah Buss Paulson, 416 N. Linn St.; Mike McLaughlin, 614 Pine Ridge Rd. (C); Jeremy Schreiber, UISG Representative; Sarah Swartzendruber, One S. Gilbert St., representing Land Development Council; Dan Smith, 905 Wylde Green Rd., representing Land Development Council. Planning & Zoning Chairperson Bob Brooks present for discussion. Individual Council Members expressed their views. Moved by Elliott, seconded by Vanderhoef, to continue public hearing to November 1. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to accept correspondence from: Dr. John Kammermeyer; Greg Allen; Gwen JohnSon; Meredith Sewell, William Buss, Cheryl Nelson (2), Candice Smith, Judy Rhodes, Glenn Ehrstine, Steve Gordon, Laura Crow, Mark McCallum (2). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating a portion of the right-of-way in an alley Block 13, County Seat, a portion of south Madison Street and a portion of Des Moines Street (University of Iowa) in Iowa City comprising approximately 1.31 acres. No one appeared. Moved by Elliott, seconded by Wilburn, that the ordinance vacating a portion of the right-of-way in an alley Block 13, County Seat, a portion of south Madison Street and a portion of Des Moines Street (University of Iowa) in Iowa City comprising approximately 1.31 acres (VAC05-00007), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution approving the voluntary annexation of approximately 51.9 acres located on American Legion Road (formerly Fairview Golf Course). Moved by O'Donnell, seconded by Bailey, to continue public hearing to November 1. The Mayor declared th~,~ motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to defer to November 1 a resolution approving the voluntary 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. A public hearing was held on a ordinance rezoning approximately 51.9 acres from Johnson County Residential (R) to Low Density Single-Family Residential (RS-5) subject to conditions, for the property located on American Legion Road. Moved by Champion, seconded by Vanderhoef, to continue public hearing to November 1. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to defer to November 1 the ordinance rezoning approximately 51.9 acres from Johnson County Residential (R) to Low Density Single-Family Residential (RS-5) subject to conditions, for the property located on American Complete Description October 18, 2005 Page 6 Legion Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to adopt RES. 05-335, APPROVING THE FINAL PLAT OF CARDINAL RIDGE - PART ONE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Elliott, to adopt RES. 05-336, APPROVING THE FINAL PLAT OF CARDINAL RIDGE- PART TWO, IOWA CITY, IOWA and to defer indefinitely Part 3. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted and the motion carried. Moved by Champion, seconded by Bailey, to adopt RES. 05-337, APPROVING THE FINAL PLAT OF WINDSOR RIDGE PART 21, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Elliott, to defer to November 1, a resolution approving the final plat of Village Green Part XXIII, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to defer to November 1, a resolution approving the final plat of Village Green Part XXIV, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on resolution approving an amendment to a purchase agreement between the City of Iowa City and Wal-Mart real estate business trust for approximately 21.76 acres of property lying within lots 10 through 17 of North Airport Development Subdivision and Lots 2, through 4 of the North Airport Development Subdivision - Part Two. Gary Sanders, 831 Maggard, and Cedar Rapids Atty. Wally Taylor appeared. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from Terry Dunlap. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by £?'Donnell, seconded by Wilburn, to adopt RES. 05-338, APPROVING AN AMENDMENT TOA PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AN~3 WAL-MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Bailey, Champion. Absent: None. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Parking Fiber 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 Champion, seconded by Bailey, to adopt RES. 05-339, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKING FIBER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMEN~:~ 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. Complete Description October 18, 2005 Page 7 Moved by ~anderhoef, seconded by Bailey, that the ordinance amending Title 4, entitled, "Alcoholic Beverages," Chapter 5, entitled, "Prohibitions and Restrictions," Section"4, entitled, "Regulation of Persons under Legal Age" to provide that second and subsequent offense violations may be based on a prior conviction under either the city ordinance or State Law, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Pro tem Wilburn stated he would be abstaining from the next item due to a conflict of interest. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 05,340, SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW-INCOME HOUSING TAX CREDIT APPLICATION. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract with Todd Hackett Construction Company for the construction of a duplex home under the Affordable Dream Home Opp!iortunities Program. Individual Council Members expressed their views. Moved by Elliott, seconded by Vanderhoef, to defer consideration until November 1. The Mayor declared the motion to defer carried, 5/2, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Elliott, Lehman. Nays: O'Donnell, Bailey. Absent: None. Moved by Wilburn, seconded by Bailey, to adopt RES. 05-341, APPROVING THE CALL TO ARTISTS FOR THE WETHERBY FRIENDS AND NEIGHBORS NEIGHBORHOOD ART PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, to adopt RES. 05-342, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR CONSTRUCTION OF IMPROVEMENTS FOR A DOG PARK WITHIN THE PENINSULA PARKLAND. Dog Pac President Beth Shields appeared and acknowledged the generous gift of Dean Thornberry to enable the project, including the pond, to proceed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. ~ Moved by Bailey, seconded by Vanderhoef, to adopt RES. 05-343, APPROVING THE. PARKS AND RECREATION DEPARTMENT'S MEMORIAL DONATION POLICY. City Attorney Dilkes stated a formal review of the angel proposal would be scheduled for November 1. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Board of Adjustment to fill a five-year term January 1,2006 - January 1,2011; Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Commission to fill a six-year term January 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; Complete Description October 18, 2005 Page 8 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; Public Art Advisory Committee for two 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. [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.] Mayor Pro tem Wilburn announced the formulation of the Iowa City/Coralville Sports Authority Advisory Committee by the Convention and Visitors Bureau, and stated he had been asked to represent the Iowa City City Council. Council agreed to appoint Mayor Pro tem Wilburn. Council Member Bailey stated she was excited about the dog park; the Youth Advisory Board; and Council Member Elliott's new found public art appreciation. Council Member O'Donnell noted the speaker during public discussion requesting restrooms and water fountain at the skateboard park and asked the item be researched. Staff will report back with an estimate; requested that a work session be scheduled to address the request for a bus stop on Scott Blvd. near senior housing; thanked Dean Thornberry for his contribution that enabled the Dog Park construction. Asst. City Manager Helling announced that the community television service, which functions as part of City cable division, just received the Pat Meyer Vision Award for outstanding commitment to end domestic violence. The award was presented to staff person Ty Coleman earlier in the day, and congratulations were extended to Ty and all the cable staff. Moved by ©'Donnell, seconded by Vanderhoef, to adjourn at 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Cou~/pr,ese.~ J _ Ernest W. Lehman, Mayor Marian K. Karr, City Clerk IOWA CITY RAN DU M Date: October 4, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 26, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell; Vand~rhoef, Wilburn P&Z Members: I~rooks, Smith, Anciaux, Freerks, Koppes, Shannon Staff: Atkins, Helling (7:05), Behr, Karr, Miklo, Howard, Franklin (7:25) Tapes: 05-58, Si~te 2; 05-56, Both Sides (A complete transcription is available in the City Clerk's Office) JOINT MEETING WITH PLANNING & ZONING COMMISSION Commission Chair Bob Brooks faCilitated review of the matrix of issues prepared as a result of Commission review, public hearings, and proposed amendments. Senior Planner Miklo and Urban Planner Howard present for discussion. Further discussion is scheduled for September 27. Meeting adjourned 8:45 PM. Date: October 4, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 27, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn P&Z Members: Brooks, Smith, Anciaux, Freerks, Koppes, Shannon, Plahutnik Staff: Atkins, Helling, Behr, Karr, Miklo, Howard, Franklin " Tapes: 05-59, Boih Sides (A complete transcription is available in the City Clerk's Office) JOINT MEETING WITH PLANNING & ZONING COMMISSION Commission Chair Bob Brooks continued review of the matrix of issues prepared as a result of Commission review, public hearings, and proposed amendments. Senior Planner Miklo and Urban Planner Howard present for discussion. Public hearing is scheduled for special meeting on October 5. Meeting adjourned 8:20 PM. Date: October 3, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 3, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn UISG Rep: Baeth Staff: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, Fowler Tapes: 05-60, Both Sides; 05-61, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING A pUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE, MIXED USE (MU) ZONE, HIGH DENSITY MULTI- FAMILY RESIDENTIAL (RM-44) ZONE, AND PUBLIC (P) ZONE FoR THE AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF JEFFERSON STREET AND EAST OF GILBERT STREET. (REZ05-00014) B. SETTING A PUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE, NEIGHBORHOOD COMMERCIAL (CN-1) ZONE AND MIXED USE (MU) ZONE FOR THE AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF DAVENPORT STREET AND NORTH OF JEFFERSON STREET.(REZ05- 00015) C. SETTING A PUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE AND PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL (PRM) ZONE FOR THE AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF BURLINGTON STREET AND WEST OF LINN STREET. (REZ05-00016) D. SETTING A PUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE REZONING PROPERTY FROM RESIDENTIAL FACTORY BUILT HOUSING (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-12) FOR ALL PROPERTIES CURRENTLY ZONED RFBH, INCLUDING SADDLEBROOK, BON-AIRE, HILLTOP, BACULIS, FORREST VIEW, THATCHER MOBILE HOME PARKS AND PROPERTY LOCATED AT 1705 PRAIRIE DU CHIEN ROAD. (REZ05-00017) Council Work Session October 3, 2005 Page 2 E. SETTING A PUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY - MEDIUM DENSITY SINGLE-FAMILY (OPDH-8) FOR LOTS LOCATED ON LONGFELLOW PLACE WITHIN THE LONGFELLOW MANOR SUBDIVISION. (REZ05-00010) F. SETTING A PUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY (RS-8) TO HIGH DENSITY SINGLE-FAMILY (RS-12) FOR LOTS LOCATED ON DODGE STREET COURT WITHIN THE JACOB RICORD'S SUBDIVISION. (REZ05-00011) G. SETTING A PUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE A REZONING PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY (RS-8) TO HIGH DENSITY SINGLE-FAMILY (RS-12) FOR LOTS LOCATED ON CATSKILL COURT WITHIN THE EAST HILL SUBDIVISION. (REZ05-00012) H. SETTING A PUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY (RS-S) TO HIGH DENSITY SINGLE-FAMILY (RS-12) FOR LOTS LOCATED SOUTH AND EAST OF WHISPERING MEADOWS DRIVE WITHIN THE WHISPERING MEADOWS SUBDIVISION. (REZ05- 00013) In response to Council Member Elliott, PCD Director stated that a moratorium is initiated by the setting of the public hearing (for items a-h); the moratorium ends in 60 days regardless of Council action; and another moratorium can not be placed on the same property for a year. I. SETTING A PUBLIC HEARING FOR OCTOBER 18 ON AN ORDINANCE APPROVING THE VACATION OF PORTIONS OF MADISON STREET, SOUTH OF PRENTISS STREET, AND DES MOINES STREET. (VAC05-00007) (University of Iowa) J. APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 51.9 ACRES LOCATED ON AMERICAN LEGION ROAD (ANN05-00002) (formerly Fairview Golf Course) K. CONDITIONALLY REZONING APPROXIMATELY 51.9 ACRES FROM JOHNSON COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED ON AMERICAN LEGION ROAD (REZ05-00018) (formerly Fairview Golf Course) L. APPROVING:~THE FINAL PLAT OF CARDINAL RIDGE PART ONE, IOWA CITY, IOWA. (SUE 05-00018) PCD Director Franklin requested this item be deferred to October 18 to allow completion of legal documents. Council Work Session October 3, 2005 Page 3 ZONING CODE SCHEDULE (IP2 of 9/29 Info Packet) PCD Director Franklin outlined a proposed schedule and after discussion Council agreed to the following: · October 4 - Set public hearing on map amendments for 10/18 · October 5 - Public hearing on the text; continue to 10/10 (7:00-9:00 PM) · October 10 - Formal meeting; further discussion of text (7:00-9:00 PM); continue to 10/18 · October 17 - P&Z joint meeting at work session for discussion of map changes (5:00PM) · October 18 - Public hearing on map & continued hearing on text; continue both to 11/1 · October 31 - Work session (2:00-5:00 PM) · November 1 - Continued public hearings on text & map; close map hearings & continue text to 11/15 · November 7 - Work session to reconcile map & text · November 15 -Continued public hearing on text; close hearing; first consideration on both map ~& text · December ?- Second consideration · December ?- Pass and adopt AGENDA ITEMS 1. (Agenda item # 9 - resolution ... approving third amendment to the Peninsula Neighborhood Development agreement ... # 10- resolution ... designating 143.52 acres .... Peninsula property as public parkland) In response to Council Member Elliott, PCD Director Franklin stated both resolution reaffirms Council direction on the Dog Park. 2. (Consent Calendar # 4e(1) - resolution of intent to amend purchase agreement ... Wal-Mart ... and setting public hearing for October 18 ...) Council Member Bailey requested the item be deleted from the Consent Calendar for separate consideration. Majority agreed. 3. (Consent Calendar # 4f(2) - resolution setting public hearing for October 18 .... Parking fiber interconnect.Eroject .... ) In response to Council Member Elliott, the City Manager stated the project connects the new Court Street Transportation Center and the Dubuque and Capitol parking ramps, and that the cost amount would be provided. 4. (Consent Calendar # 4g(12) - correspondence from Lauren Oliver-Hauser re media question) In response to Mayor Pro tem Wilburn, the City Manager will respond. 5. (Consent Calendar # 4g(8) - correspondence from Jerri LoTempio re open burning) In response to Council Member Elliott, the City Manager stated the item had been discussed previously, and stated no bon fires are permitted and complaints should be made at the time the burning is be done so staff can follow up. Council Work Session October 3, 2005 Page 4 6. (Consent Calendar # 4g(10). correspondence from Maria Duarte re Historic Preservation Commission appeal) In response to Council Member Bailey, City Atty. Dilkes stated the matter will be set for hearing. 7. (Consent Calendar # 4g(11) - correspondence from Sylvia Venuto and Alberhasky Eye Clinic re downtown business concerns) In response to Mayor Lehman, the City Manager will follow up. COUNCIL TIME 1. Council Member Vanderhoef requested Council direct staff to have the Planning & Zoning Commission work on the southeast district plan. Staff will add a discussion item to upcoming work session, and City Manager will provide summary memo. 2. Council Elliott noted the participation of Mayor Lehman and himself in the Diabetes Walk the previous week-end. HISTORIC PRESERVATION PCD Director Franklin present for discussion. Majority agreed to schedule a joint meeting with Historic Preservation at the conclusion of the zoning cod review. BOARD AND COMMISSION MAKE UP AND PROCESS (IP3 of 9/29 Information Packet) YOUTH ADVlSO"~Y BOARD (IP3 of 9/29 Information Packet) After discussion Council agreed to establish a Board; 2 members will be 18 - 21 years of age; 4 members will be 15-17 years of age; age will be calculated to the date of the appointment; add provision that Council may waive age requirements for lack of applicants; agreed to one Council Member and alternate; staffing provided by City Clerk STAFF ACTION: City Attorney to prepare resolution establishing the Commission for Council consideration STREET NAMING PCD Director Franklin present for discussion. No changes were made. SIDEWALK REPAIR PROGRAM Public Works Director Fosse present for discussion. No changes were made. MAKE ALLEYS iSRIVATE Public Works Director Fosse present for discussion. No changes were made. Council Work Session October 3, 2005 Page 5 OLD BUS DEPOT (IP4 of 9/29 Information Packet) Parking and Transit Director Fowler present for discussion. Council directed staff to have an inspection report done on the property listing the deficiencies and strengths for assessments of moving the structure elsewhere, or saving and renovating the structure. Meeting adjourned 8:40 PM. 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 - 10/4/05 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. Council minutes tape recorded on Tape 05-62, Side 1. The Mayor proclaimed Fire Prevention Week October 9-15, 2005, Firefighter Marc Reyhons accepting. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Clare Goerdt, Charles Rogers, Abby Sparks. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete for separate consideration 4e(1), resolution setting a public hearing amending a purchase agreement between the City of Iowa City and Wal-Mart: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ~3eptember 19, Special Council Formal Official and Complete; September 19, Special Council Work Session; September 20, Regular Council Formal Official a~d 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 - August 25, 2005; Planning and Zoning Commission - September 1,2005; Housing and Community Development Commission - June 30, 2005; Public Library - August 25, 2005; Telecommunications Commission - July 25, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Dawit's Restaurant, 100 S. Linn St. Renewal: Class C Beer Permit for HandiMart, 1410 Willow Creek Dr.; Class C Beer Permit for Kum & Go #51,323 E Burlington St.; Class C Beer Permit for Kum & Go 52, 25 W. Burlington St.; Class C Beer Permit for Kum & Go #53, 955 Mormon Trek Blvd.; Class C Beer Permit for Mini Mart, 731 S Riverside Dr.; Class C Liquor License for Hilltop Loun,,ge, 1100 N. Dodge St.; Class C Liquor License for Diamond Daves Taco Co., 1604 £:ycamore St. #330; Class C Liquor License for Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Givanni's, 109 E. College St.; Class C Liquor License for Joseph's Steakhouse, 212 S. Clinton St. Motions: Approve disbursements in the amount of $8,673,566.06 for the period of August 1 through August 31,2005, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 05-318, SETTING A PUBLIC HEARING ON OCTOBER 18, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKING FIBER INTERCONNECT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF Official Actions October 4, 2005 Page 2 SAID HEARING, AND DIRECT'lNG THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 05-319, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 62 REGAL LANE, IOWA CITY, IowA; RES. 05-320, AUTHORIZING THE MAYOR TO SIGN AND THE CITY- CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1756 DOVER STREET, IOWA CITY, IOWA; RES. 05-321, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 428 5TM AVENUE, IOWA CITY, IOWA; RES. 05-322, APPROVING THE DESIGN OF THE EXTERIOR SIGNAGE FOR "META HOME" AT OLD CAPITOL TOWN CENTER LOCATED AT 201 S. CLINTON STREET; RES. 05- 323, APPROVING THE DESIGN OF THE EXTERIOR SIGNAGE AND AWNING FOR "STUFF BOUTIQUE" AT OLD CAPITOL TOWN CENTER LOCATED AT 201 S. CLINTON STREET. Correspondence: Acting JCCOG Traffic Engineering Planner regarding installing HANDICAP RESERVED PARKING sign in front of parking space L328S in the 300 block of S. Linn Street - Remove meter for parking space L330S and stripe space L330S as handicap loading area; JCCOG Traffic Engineering Planner regarding removal of ~wo parking meters in the 200 block of N. Clinton Street; John Neff regarding new traffic lights at Cameron Way and Mormon Trek; Megan Carpenter regarding Relocation Information [Staff response included]; Tina Pacha regarding Myrtle Ave. and Riverside Drive intersection; Vicki West regarding Alcohol; Bretta Miller regarding Lodge Living Newsletter; Jerri LoTempio regarding Open Burning; Michael Karr, Tom Corcoran regarding Rezoning; Maria A. Duarte regarding Historic Preservation Commission appeal; Sylvia Venuto, G. Rodney Alberhasky regarding Downtown business concerns; Lauren C. Oliver-Hauser regarding Media Question; David Bendernagel, Maggie Booth, Jeremy Chen, Lydia Diemer, Josh Doster, Nadija Mustapic, Neva Sills regarding Old Bus Depot. The Mayor declared the motion carried. Moved and seconded to adopt RES. 05-324, INTENT TO AMEND A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 40-~ THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO, AND SETTING A i~UBLIC HEARING FOR OCTOBER 18, 2005. Senior Center Commission Chair Jay Honohan updated Council on activities at the Center. The following individuals appeared regarding the November municipal power election: Henry Madden, 428 S. Summit; Rebecca Neades, Coalition to Preserve Safe & Reliant Energy; and Terry Smith, 2220 Balsam Court. Moved and seconded to accept correspondence submitted by Terry Smith from MidAmerican President Todd Raba to Latham and Associates regarding a 2003 feasibility study. The Mayor declared the motion Official Actions October 4, 2005 Page 3 carried. Gordon Zumwalt, 1010 Scott Park Dr., appeared regarding installation of bus stop near Regency Heights Senior Apartments. Moved and seconded to set a public hearing for October 18 on an ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, Mixed Use (MU) Zone, High Density Multi-Family Residential (RM-44) Zone, and Public (P) Zone for the areas currently zoned CB-2 located south of Jefferson Street and east of Gilbert Street. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 18 on an ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, Neighborhood Commercial (CN-1) Zone and Mixed Use (MU) Zone for the areas currently zoned CB-2 located south of Davenport Street and north of Jefferson Street. The Mayor declared the motion carried. Moved and seconded to set a motion setting a public hearing for October 18 on an ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone and Planned High Density Multi-Family Residential (PRM) Zone for the areas currently zo':~ed CB-2 located south of Burlington Street and west of Linn Street. The Mayor declared thb motion carried. Moved and seconded to set a public hearing for October 18 on an ordinance rezoning property from Residential Factory Built Housing (RFBH) to Planned Development Housing Overlay (OPDH-12) for all properties currently zoned RFBH, including Saddlebrook, Bon- Aire, Hilltop, Baculis, Forrest View, Thatcher Mobile Home Parks and property located at 1705 Prairie Du Chien Road. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 18 on an ordinance rezoning property from Medium Density Single-Family (RS-8) to Planned Development Housing Overlay - Medium Density Single-Family (OPDH-8) for lots located on Longfellow Place within the Longfellow Manor Subdivision. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 18 on an ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located on Dodge Street Court within the Jacob Ricord's Subdivision. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 18 on an ordinance a rezoning property :rom Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located on Catskill Court within the East Hill Subdivision. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 18 on an ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located south and east of Whispering Meadows Drive within the Whispering Meadows Subdivision. The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 18 on an ordinance approving the vacation of portions of Madison Street, south of Prentiss Street, and Des Moines Street. The Mayor declared the motion carried. A public hearing was held on a resolution approving the voluntary annexation of approximately 51.9 acres located on American Legion Road. Moved and seconded to continue public hearing to October 18. The Mayor declared the motion carried. Moved and Official Actions October 4, 2005 Page 4 seconded to accept correspondence from John Boardman. The Mayor declared the motion carried. Moved and seconded to defer to October 18 a resolution approving the voluntary annexation of approximately 51.9 acres located on American Legion Road. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally rezoning approximately 51.9 acres from Johnson County Residential (R) to Low Density Single-Family Residential (RS-5) subject to conditio'~s, for the property located on American Legion Road. Moved and seconded to continue public hearing to October 18. The Mayor declared the motion carriea. Moved and seconded to defer to October 18th an ordinance rezoning approximately 51.9 acres from Johnson County Residential (R) to Low Density Single-Family Residential (RS-5) subject to conditions, for the property located on American Legion Road. The Mayor declared the motion carried. Moved and seconded to defer to October 18 a resolution approving the final plat of Cardinal Ridge - Part One, Iowa City, Iowa. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 05-4182, 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 voted on for final passage a~ this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted Moved and seconded to adopt RES. 05-325, AUTHORIZING THE INSTALLATION OF SPEED HUMPS IN THE ALLEY BETWEEN 7TM AVENUE AND BRADLEY STREET. Joyce Myer, 1711 Muscatine Ave., appeared. Moved and seconded to adopt RES. 05-326, APPROVING THE THIRD AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. Moved and seconded to adopt RES. 05-327, DESIGNATING 143.52 ACRES OF THE PENINSULA PROPERTY AS PUBLIC PARKLAND. Moved and seconded to adopt RES. 05-328, RESCINDING RESOLUTION NO. 98-87 AND APPROVING A REVISED LONG-TERM DEER MANAGEMENT PLAN. The Mayor noted the previously announced vacancies: Adjustment, Board of to fill a five-year term January 1, 2006 - January 1,2011; Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Commission to fill a six-year term January 1,2006 - December 31,2011; Animal Care and Adoption Center Advisory Board to fill a three-year ter? January 1,2006 - December 31,2008; Appeals, Board of 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, Public Art Advisory Committee for two vacancies to fill three-year terms January 1,2006 - January 1,2009; Senior Center Commission for two vacancies to fill three-year terms Official Actions October 4, 2005 Page 5 January 1,2006 - December 31, 2008. Applications must be received by 5:00 p.m., Wednesday, OctQ'~er 26, 2005. [Staff will not publish additional notices after a period of si~ publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting at 7:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk , Submitted for publication - 10/7/05. 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 10/5/05 Iowa City City Council, special meeting, 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. A public hearing was held 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. The following individuals appeared: Dr. John Kammermeyer, 404 E. Bloomington (w/ correspondence); Gayle Bray, 60 Jema Ct., Willow Creek Subdivision Owners; Glenn Siders, Land Development Council (w/correspondence); Steve Gordon, 1718 Timber Hills Dr. (C) and Land Development Council; Marc Light, 225 E. Davenport; Ruth Baker, 515 W. Benton St.; Matt Hayek, 714 Brown St.; Atty. Steve Ballard, Left Law Firm, representing Prairie Garden Limited Partnership (w/correspondence); Cecile Kuenzli, 705 S. Summit (w/correspondence); Kevin Digmann; Judith Pascoe; Jerry Anthony; Mark McCallum, 811 E. College; Jerry Howe, 1995 Holiday Rd. (C); Michael Wright, 815 Roosevelt; Lindsay Park, 401 Douglass St. Planning and Zoning Commission Chair Brooks present for discussion. Moved and seconded by to accept correspondence from Margaret and Chuck Felling, Marianne Mason (2), Steve Gordon (2), Garry Klein (4), Marybeth Slonneger, Gayle Bray, Amy Shrout, Joel Bartlett, Gary Klinefelter (3), Jim Ponto, William Buss (2), Andrew Brobston, Karen Kubby, Elizabeth Forell, Mark McCallum (5), Kiara Kriener (3), Dianne Rash, Susan Futrell and Will Jennings, Joy Smith and David Rust, Tim Weitzel, President of Longfellow Neighborhood Association (2), and (2) two petitions from 14 individuals and 21 individuals (4), Diana Baculis, Jacob Eilbert, Jeff Clark, John Neff, Tim Lynch, Sarah Kalsem, Audrey Knox, Allan Berger, Michael McLaughlin, Nila Haug (2), Larry Svoboda, Michael Wright, Todd Eakes (3), Patti Santangelo, Gr(:gg Redlin, Janet and Michael Dahlen, Lori Dahlen, Donna Kinyon, Donola Morris-Leong, Christina and Derek Burns, Rebecca Ross, Daniel Yeager, Joel Fagan, Joe Kelly, Gene Fisher, Jill Bentley, Robert and Janet Long, Craig Dahlen, Greg Redlin, Sharon Maher, Gary Moore, Patricia Moore, Gary Maher, Steven Newell, Joyce Barker (2), Housing Trust Fund Board of Directors, Peggy Slaughter, Cheryl Nelson, Alan Swanson, Ginny Rew, Shannon Bradshaw, Barbara Eckstein, Judith Pascoe, David Bullwinkle, BOard of Directors, Friends of Historic Preservation, Meredith Sewell, Timothy Shipe, Susan Futrell, Nancy Hauserman, Mary Knudson, Mark Cannon, Jeanette Carter, Jeff Porter, Claire Sponsler, Becky Soglin, The Steering Committee/Northside Neighborhood Association, Sarah Buss Paulson and Henry Paulson, Linda McGuire, Niki Neems, Joan Jehle, Cecile Kuenzli, Leah Klevar, Barbara Buss, Tom Carsner, Bluford Adams, Pam Ehrhardt, Glenn Ehrstine, Mark Haltkamp with notarized statements from (Nila Haug, Mark Holtkamp, Jason Bradley, Steven Treftz), Robert Sessions, Armond Pagliai and notarized statements from (Cele Lubin, Arthur Official Actions October 5, 2005 Page 2 Goldberg, John Alberhasky, Howard Carroll, Benjamin Chait, Anthony Christner, Mary Ellen Chudacek, Thomas Conway, Thomas Cocoran, Patricia Fisher, William Gilpin, Daniel Hanraha~, Mike Hodge, Michael Karr, Yuk Wah Lam, Olin Lloyd, John Logan, Jay Nelson, Arn~ond Pagliai, Bavid Panther, Vladimir Skarda, Bavid Stoddard, Naftaly Stramer), Anne Bendixen, Alvin Snider, Timothy Barrett, Teresa Galluzzo, Rebecca Neades, Andy Tinkham. Form letter #1: Geraldine Felix, Lori Dahlen, Donna Kinyon, Donola Morris-Leong, Christine and Derek Burns, Mary Knapp, Max Villatoro, Nereida Cano, Diane Weber, Arlin Spenler, Jason Barreira, Jessica Bruss, Christy Haulk, Diana Eakes, Bonnie Neff, Laura Johnson, Fred Fehrmann Jr., Doana Wilson, Chad Michel, Morses Gonzoleo, Jean Lothridge, Nida Cline, Antonio Lopez, George Love, Elfido Garcia, Pamela Schumann, Junior Rivera, Johnathan Holderness, Raul Dominguez, Maria Nunez, Estehar Rochz, Gary Moore, Felipe Hernandez, James Crawley, Carole Pierce, Mike Barker, Jeff Kleinschmidt, Carolynn Evans, Tony Eckrich, Jesus Diaz, Sammy Inarrito, Miguel Gonzalez, Kelly Holderness, Tammy & James Burney, Jeff Elam, Isabel Garcia, Stephanie Heacock, Amy Simon, Michelle Miller, Dwayne Patterson, Chris Beardshear, Darcy Drea, Rao'l Najera, Harinder Kaur, Joan Butler, David Barnhart, Barb Howe, Pham Thi Thu Thien, George Johnson, Brandy West, Ernest West, Selena Wilkinson, Sonia Sosa, Salemon Alvarado, Alex Higlar, Todd Eakes, Lorena VCera, John Callihan, Leo Good, Jeffrey Bond, Georgina Avevalo C., Aurora Nunez, Michael Phan Ta, Jamie Hunt, Court Grady, Maria Moreno, Eisa Alvarado and Clara Alvarado, Abigail Moreno, Donna Palmer, Marlaine Underwood, Jill Bentley, Robert and Janet Long, 4 illegible signatures. Form letter #2: Bruce Bennron, Sharon Maher, Gary Maher, Steven Newell, Kiara Kriener, 1 illegible signature. Form letter #3: Ned Fischer, Timothy Vaske, Peggy Slaughter, Charles Funk, Lam Rumpf, Fran Christianson, Joe Wegman, Anna Buss, Katherine Roche, Mary Davin (2), 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 McLaughin, Sarah Swartzendruber, John Moreland, Jr., Julia Hahn, Shannon Hunger, Neal Hunger, S[~san 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 Rubins, 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, 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 Official Actions, October 5, 2005 Page 3 Crosby, Rick Knipper, John Sharkey, Todd Welk, Sanda Lonas, Jerome Howe, Marydee Chamberlain, Sandra Ratzlaff, David Mattingly, Mary Jo Streb (2), Kim 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, 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, Chuck Bogh, M. Hadenfeldt, Ed Humpleby, Sharon Matthieu, Karen Mitchell, William Rose, Rachel Schroeder, 6 illegible signatures on letters, Dave Homewood. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to October 10, 2005. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 9:05 p.m. The Mayor declared the motion carried. ~,~ .~ an, Mayor Mar'ran 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 - 10/10/05 Iowa City City Council, special meeting, 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. A public hearing was held 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. The following individuals appeared: Dr. John Kammermeyer, 116 Ferson; Chris Coretsopoulos, 1232 E. Davenport St.; Mark McCallum, 811 College St.; Dennis Spencer, 1342 Pheasant Valley St.; Rebecca Neades, 3341 Rohret Rd.; Steve Gordon, Land Development Council; Mike McLaughlin, 614 Pine Ridge Rd.; Boyd Crosby; William Buss, 718 S. Summit St.; Brad Houser, 3642 Johnston Way (NL); Helen Burford, 528 E. College St.; Chad Keune, 1018 Foster Rd~.; Don Crum, 512 Manor Dr.; George Matheson, 754 Keswick; Cheryl Nelson, 2824 Eastwood, Executive Officer Iowa City Association of Realtors; Kevin Hochsteder, 1434 Compton PI.; and Mike Pugh, President Greater Iowa City Area Homebuilders Association. Moved and seconded to accept correspondence from: Ken Slonneger; David Rust and Joy Smith; Steve Gordon; Mark McCallum; Kathleen Janz; Karin Turner McKeone; and Mike McLaughlin. The Mayor declared the motion carried. Moved and seconded to continue the public hearing to October 18, 2005. The Mayor declared the motion carried. Moved and seconded to adjourn special 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/Ernest W. Lehman, Mayor s/Marian K. Karr, City..,.Clerkz.,, ~uDmitted for publication - 10/18/05. 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 OCTOBER 4, 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. Council minutes tape recorded on Tape 05-62, Side 1. The Mayor proclaimed Fire Prevention Week October 9-15, 2005, Firefighter Marc Reyhons accepting. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Clare Goerdt, Charles Rogers, Abby Sparks. Moved by Vanderhoef, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete for separate consideration 4e(1), resolution setting a public hearing amending a purchase agreement between the City of Iowa City and Wal-Mart: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 19, Special Council Formal Official and Complete; September 19, Special Council Work Session; September 20, 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 - August 25, 2005; Planning and Zoning Commission - September 1,2005; Housing and Community Development Commission - June 30, 2005; Public Library - August 25, 2005; Telecommunications Commission - July 25, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liq'.Jor License for Dawit's Restaurant, Inc., dba Dawit's Restaurant, 100 S. Linn St. Renewal: Class C Beer Permit for Nordstrom Oil Company dba Sunset HandiMart, 1410 Willow Creek Dr.; Class C Beer Permit for Kum & Go LC, dba Kum & Go #51,323 E Burlington St.; Class C Beer Permit for Kum & Go LC, dba Kum & Go 52, 25 W. Burlington St.; Class C Beer Permit for Kum & Go LC, dba Kum & Go #53, 955 Mormon Trek Blvd.; Class C Beer Permit for Shiv Mini Mart, Inc., dba Mini Mart, 731 S Riverside Dr.; Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Class C Liquor License for Diamond Daves Taco Co. Leasing Corp., dba Diamond Daves Taco Co., 1604 Sycamore St. #330; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E. College St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S. Clinton St. Motions: Approve disbursements in the amount of $8,673,566.06 for the period of August 1 through August 31,2005, as recommended by the Finance Director subject to audit. Complete Description October 4, 2005 Page 2 Setting a Public Hearing: RES. 05-318, SETTING A PUBLIC HEARING ON OCTOBER 18, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKING FIBER INTERCONNECT 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. 05-319, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 62 REGAL LANE, IOWA CITY, IOWA; RES. 05-320, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1756 DOVER STREET, IOWA CITY, IOWA; RES. 05-321, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 428 5TM AVENUE, IOWA CITY, IOWA; RES. 05-322, APPROVING THE DESIGN OF THE EXTERIOR SIGNAGE FOR "META HOME" AT OLD CAPITOL TOWN CENTER LOCATED AT 201 S. CLINTON STREET; RES. 05- 323, APPROVING THE DESIGN OF THE EXTERIOR SIGNAGE AND AWNING FOP, "STUFF BOUTIQUE" AT OLD CAPITOL TOWN CENTER LOCATED AT 201 S. CLINTON STREET. Correspondence: Acting JCCOG Traffic Engineering Planner regarding installing HANDICAP RESERVED PARKING sign in front of parking space L328S in the 300 block of S. Linn Street - Remove meter for parking space L330S and stripe space L330S as handicap loading area; JCCOG Traffic Engineering Planner regarding removal of two parking meters in the 200 block of N. Clinton Street; John Neff regarding new traffic lights at Cameron Way and Mormon Trek; Megan Carpenter regarding Relocation Information [Staff response included]; Tina Pacha regarding Myrtle Ave. and Riverside Drive intersection; Vicki West regarding Alcohol; Bretta Miller regarding Lodge Living Newsletter; Jerri LoTempio regarding Open Burning; Michael Karr, Tom Corcoran regarding Rezoning; Maria A. Duarte regarding Historic Preservation Commission appeal; Sylvia Venuto, G. Rodney Alberhasky regarding Downtown business concerns; Lauren C. Oliver-Hauser regarding Media Question; David Bendernagel, Maggie Booth, Jeremy Chen, Lydia Diemer, Josh Doster, Nadija Mustapic, Neva Sills regarding Old Bus Depot. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 05-324, INTENT TO AMEND A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL- MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO, AND SETTING A PUBLIC HEARING FOR OCTOBER 18, 2005. The Mayor declared the resolution adopted 5/2, with the following Complete Description October 4, 2005 Page 3 division of roll call vote: Ayes: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Champion, Bailey. Senior Center Commission Chair Jay Honohan updated Council on activities at the Center. The following individuals appeared regarding the November municipal power election: Henry Madden, 428 S. Summit; Rebecca Neades, Coalition to Preserve Safe & Reliant Energy; and Terry Smith, 2220 Balsam Court. Moved by O'Donnell, seconded by Wilburn, to accept correspondence submitted by Terry Smith from MidAmerican President Todd Raba to Latham and Associates regarding a 2003 feasibility study. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Gordon Zumwalt, 1010 Scott Park Dr., appeared regarding installation of bus stop near Regency Heights Senior Apartments. Moved by Champion, seconded by Bailey, to set a public hearing for October 18 on an ordinance rezoning property from Central Business Service (CB-2) Zone to Central Busines-:. Support (CB-5) Zone, Mixed Use (MU) Zone, High Density Multi-Family Residential (RM-44) Zone, and Public (P) Zone for the areas currently zoned CB-2 located south of Jefferson Street and east of Gilbert Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to set a public hearing for October 18 on an ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, Neighborhood Commercial (CN-1) Zone and Mixed Use (MU) Zone for the areas currently zoned CB-2 located south of Davenport Street and north of Jefferson Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seConded by O'Donnell, to set a motion setting a public hearing for October 18 on an ordinance rezoning property from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone and Planned High Density Multi-Family Residential (PRM) Zone for the areas currently zoned CB-2 located south of Burlington Street and west of Linn S':'reet. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to set a public hearing for October 18 on an ordinance rezoning property from Residential Factory Built Housing (RFBH) to Planned Development Housing Overlay (OPDH-12) for all properties currently zoned RFBH, including Saddlebrook, Bon-Aire, Hilltop, Baculis, Forrest View, Thatcher Mobile Home Parks and property located at 1705 Prairie Du Chien Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, to set a public hearing for October 18 on an ordinance rezoning property from Medium Density Single-Family (RS-8) to Planned Development Housing Overlay - Medium Density Single-Family (OPDH-8) for lots located on Longfellow Place within the Longfellow Manor Subdivision. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to set a public hearing for October 18 on an ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Fam,. ily (RS-12) for lots located on Dodge Street Court within the Jacob Ricord's Subdivisicn. The Mayor declared the motion carried unanimously, 7/0, all Council ...~ Members present. Complete Description October 4, 2005 Page 4 Moved by O'Donnell, seconded by Vanderhoef, to set a public hearing for October 18 on an ordinance a rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located on Catskill Court within the East Hill ., Subdivision. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to set a public hearing for October 18 on an ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located south and east of Whispering Meadows Drive within the Whispering Meadows Subdivision. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for October 18 on an ordinance approving the vacation of portions of Madison Street, south of Prentiss Street, and Des Moines Street (University of Iowa). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving the voluntary annexation of approximately 51.9 acres located on American Legion Road (formerly Fairview Golf Course). PCD Director Franklin present for discussion. Moved by Elliott, seconded by O'Donnell to continue public hearing to October 18. The Mayor declared the motion carried unanimously, 7/0, all Council Mei:nbers present. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from John Boardman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to defer to October 18 a resolution approving the voluntary 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. A public hearing was held on an ordinance conditionally rezoning approximately 51.9 acres from Johnson County Residential (R) to Low Density Single-Family Residential (RS-5) subject to conditions, for the property located on American Legion Road. Moved by Champion, seconded by Elliott to continue public hearing to October 18. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Champion, to defer to October 18th an ordinance rezoning approximately 51.9 acres from Johnson County Residential (R) to Low Density Single-Family Residential (RS-5) subject to conditions, for the property located on American Legion Road. TheMayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to defer to October 18 a resolution approving the final plat of Cardinal Ridge - Part One, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, 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. 05-4182, 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 Complete Description October 4, 2005 Page 5 STATE CODE, 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 Bailey, that the ordinance be finally adopted at this time. Affirmative roil call vote unanimous, 7/0, all Council Members pr¢~ent. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 05-325, AUTHORIZING THE INSTALLATION OF SPEED HUMPS IN THE ALLEY BETWEEN 7TM AVENUE AND BRADLEY STREET. Joyce Myer, 1711 Muscatine Ave., appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 05-326, APPROVING THE THIRD AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BE'}NVEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. 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. 05-327, DESIGNATING 143.52 ACRES OF THE PENINSULA PROPERTY AS PUBLIC PARKLAND. 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. 05-328, RESCINDING RESOLUTION NO. 98-87 AND APPROVING A REVISED LONG-TERM DEER MANAGEMENT PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Adjustment, Board of to fill a five-year term January 1,2006 - January 1,2011; Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Commission to fill a six-year term January 1, 2006 - December 31,2011; Animal Care and Adoption Center Advisory Board to fill a three-year term January 1, 2006 - December 31,2008; Appeals, Board of for a Licensed Electrician to fill a f;ve-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. Public Art Advisory Committee for two 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. [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 activities and encounters in the downtown area and how lucky we are to live here; self proclaimed October as St. Louis Cardinal Baseball Month" and proudly wore a cardinal cap. Council Member Champion reminded Council of remarks earlier in the evening from Gordon Zumwalt and try to make bus services meet the needs of our senior citizens. The City Manager state':l Council would be receiving route information as part of the budget review. Council M~mber Vanderhoef and O'Donnell questioned whether Mr. Zumwalt had explored using para transit transportation rather than city buses. Complete Description October 4, 2005 Page 6 Council Member O'Donnell reminded citizens of the public hearing October 5 on the proposed DevelopCnent Code. Council Member Vanderhoef asked Council and citizens to mark their calendars for an Iowa League of Cities five-county region forum on property tax at the Iowa City Public Library on November 9; and thanked everyone who helped her host the National League of Cities Transportation, Infrastructure and Services (TIS) Committee meeting in Iowa City September 22-24. Mayor Pro tem Wilburn noted the University of Iowa Hospitals and Clinics United Way in-house campaign scheduled for October 10, and thanked UIHC Director Donna Katen- Bahensky for her leadership. Mayor Lehman reiterated the public hearing on the proposed Development Code set for October 5; questioned progress made in enforcing no bicycles on the downtown sidewalks. City Manager Atkins encouraged assistance from Student Government in an education process; and reported on the Human Rights breakfast held September 28 and noted special recognition to retiring Human Rights Director Heather Shank. Moved by Elliott, seconded by Vanderhoef, to adjourn meeting at 7:50 p.m. The Mayor declared thc~ motion carried unanimously, 7/0, all Council Members present. 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 COUNCIL DESCRIPTION OF ACTIVITIES OCTOBER 5, 2005 Iowa City City Council, special 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, Miklo, Howard, Behr. Council minutes tape recorded on Tape 05-63, Side 1 & 2; Tape 05-64, Side 1. A public hearing was held 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. The following individuals appeared: Dr. John Kammermeyer, 404 E. Bloomington (w/ correspondence); Gayle Bray, 60 Jema .St., Willow Creek Subdivision Owners; Glenn Siders, Land Development Council (w/correspondence); Steve Gordon, 1718 Timber Hills Dr. (C) and Land Development Council; Marc Light, 225 E. Davenport; Ruth Baker, 515 W. Benton St.; Matt Hayek, 714 Brown St.; Atty. Steve Ballard, Left Law Firm, representing Prairie Garden Limited Partnership (w/correspondence); Cecile Kuenzli, 705 S. Summit (w/correspondence); Kevin Digmann; Judith Pascoe; Jerry Anthony; Mark McCallum, 811 E. College; Jerry Howe, 1995 Holiday Rd. (C); Michael Wright, 815 Roosevelt; Lindsay Park, 401 Douglass St. Planning and Zoning Commission Chair Brooks and PCD Director Franklin present for discussion. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Margaret and Chuck Felling, Marianne Mason (2), Steve Gordon (2), Garry Klein (4), Marybeth Slonneger, Gayle Bray, Amy Shrout, Joel Bartlett, Gary Klinefelter (3), Jim Ponto, William BusS (2), Andrew Brobston, Karen Kubby, Elizabeth Forell, Mark McCallum (5), Kiara Kriener (3), Dianne Rash, Susan Futrell and Will Jennings, Joy Smith and David Rust, Tim Weitzel, President of Longfellow Neighborhood Association (2), and (2) two petitions from 14 individuals and 21 individuals (4), Diana Baculis, Jacob Eilbert, Jeff Clark, John Neff, Tim Lynch, Sar'~h Kalsem, Audrey Knox, Allan Berger, Michael McLaughlin, Nila Haug (2), Larry Svoboda, Michael Wright, Todd Eakes (3), Patti Santangelo, Gregg Redlin, Janet and Michael Dahlen, Lori Dahlen, Donna Kinyon, Donola Morris-Leong, Christina and Derek Burns, Rebecca Ross, Daniel Yeager, Joel Fagan, Joe Kelly, Gene Fisher, Jill Bentley, Robert and Janet Long, Craig Dahlen, Greg Redlin, Sharon Maher, Gary Moore, Patricia Moore, Gary Maher, Steven Newell, Joyce Barker (2), Housing Trust Fund Board of Directors, Peggy Slaughter, Cheryl Nelson, Alan Swanson, Ginny Rew, Shannon Bradshaw, Barbara Eckstein, Judith Pascoe, David Bullwinkle, Board of Directors, Friends of Historic Preservation, Meredith Sewell, Timothy Shipe, Susan Futrell, Nancy Hauserman, Mary Knudson, Mark Cannon, Jeanette Carter, Jeff Porter, Claire Sponsler, Becky Soglin, The Steering Committee/Northside Neighborhood Association, Sarah Buss Paulson and Henry Paulson, Linda McGuire, Niki Neems, Joan Jehle, Cecile Kuenzli, Leah Klevar, Barbara Buss, Tom Carsner, Bluford Adams, Pam Ehrhardt, Glenn Ehrstine, Mark Haltkamp with notarized statements from (Nila Haug, Mark Holtkamp, Jason Bradley, Steven Treftz), Robert Sessions, Armond Pagliai and notarized stater~ents from (Cele Lubin, Arthur Goldberg, John AIberhasky, Howard Complete Description October 5, 2005 Page 2 Carroll, Benjam!n Chair, Anthony Christner, Mary Ellen Chudacek, Thomas Conway, Thomas Cocor~in, Patricia Fisher, William Gilpin, Daniel Hanrahan, Mike Hodge, Michael Karr, Yuk Wah Lam, Olin Lloyd, John Logan, Jay Nelson, Armond Pagliai, David Panther, Vladimir Skarda, David $toddard, Naftaly $tramer), Anne Bendixen, Alvin Snider, Timothy Barrett, Teresa Galluzzo, Rebecca Neades, Andy Tinkham. Form letter #1: Geraldine Felix, Lori Dahlen, Donna Kinyon, Donola Morris-Leong, Christine and Derek Burns, Mary Knapp, Max Villatoro, Nereida Cano, Diane Weber, Arlin Spenler, Jason Barreira, Jessica Bruss, Christy Haulk, Diana Eakes, Bonnie Neff, Laura Johnson, Fred Fehrmann Jr., Doana Wilson, Chad Michel, Morses Gonzoleo, Jean Lothridge, Nida Cline, Antonio Lopez, George Love, Elfido Garcia, Pamela Schumann, Junior Rivera, Johnathan Holderness, Raul Dominguez, Maria Nunez, Estehar Rochz, Gary Moore, Felipe Hernandez, James Crawley, Carole Pierce, Mike Barker, Jeff Kleinschmidt, Carolynn Evans, Tony Eckrich, Jesus Diaz, Sammy Inarrito, Miguel Gonzalez, Kelly Holderness, Tammy & James Burney, Jeff Elam, Isabel Garcia, Stephanie Heacock, Amy Simon, Michelle Miller, Dwayne Patterson, Chris Beardshear, Darcy Drea, Rao'l Najera, Harinder Kaur, Joan Butler, David Barnhart, Barb Howe, Pham Thi Thu ~hien, George Johnson, Brandy West, Ernest West, Selena Wilkinson, Sonia Sosa, Ss~lemon Alvarado, Alex Higlar, Todd Eakes, Lorena Vera, John Callihan, Leo Good, Jeffrey Bond, Georgina Avevalo C., Aurora Nunez, Michael Phan Ta, Jamie Hunt, Court Grady, Maria Moreno, Eisa Alvarado and Clara Alvarado, Abigail Moreno, Donna Palmer, Marlaine Underwood, Jill Bentley, Robert and Janet Long, 4 illegible signatures. Form letter #2: Bruce Bennron, Sharon Maher, Gary Maher, Steven Newell, Kiara Kriener, 1 illegible signature. Form letter #3: Ned Fischer, Timothy Vaske, Peggy Slaughter, Charles Funk, Lam Rumpf, Fran Christianson, Joe Wegman, Anna Buss, Katherine Roche, Mary Davin (2), 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 McLaughin, Sarah Swartzendruber, John Morelandi' 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 Rubins, 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, 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 Complete Desd~'iption October 5, 2005 Page 3 Sharkey, Todd Welk, Sanda Lonas, Jerome Howe, Marydee Chamberlain, Sandra Ratzlaff, David Mattingly, Mary Jo Streb (2), Kim 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, 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, Chuck Bogh, M. Hadenfeldt, Ed !Humpleby, Sharon Matthieu, Karen Mitchell, William Rose, Rachel Schroeder, 6 illegible signatures on letters, Dave Homewood. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Elliott, seconded by Bailey, to continue the public hearing to October 10, 2005. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adjourn special meeting 9:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 OCTOBER 10, 2005 Iowa City City Council, special 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, Miklo, Howard. Council minutes tape recorded on Tape 05-64, Side 2; 05-65, Both Sides. A public hearing was held 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. The following individuals appeared: Dr. John Kammermeyer, 116 Ferson; Chris Coretsopoulos, 1232 E. Davenport St.; Mark McCallum, 811 College St.; Dennis Spencer, 1342 Pheasant Valley St.; Rebecca Neades, 3341 Rohret Rd.; Steve Gordon, Land Development Council; Mike McLaughlin, 614 Pine Ridge Rd.; Boyd Crosby; William Buss, 718 S. Summit St.; Brad Houser, 3642 Johnston Way (NL); Helen Burford, 528 E. College St.; Chad Keune, 1018 Foster Rd.; Don Crum, 512 Manor Dr.; George Matheson, 754 Keswick; Cheryl Nelson, 2824 Eastwood, Executive Officer Iowa City Association of Realtors; Kevin Hochsteder, 1434 Compton PI.; and Mike Pugh, President Greater Iowa City Area Homebuilders Association. PCD Director Franklin and Urban Planner Howard present for discussion. Moved by Vanderhoef, seconded by Wilburn to accept correspondence from: Ken Slonneger; David Rust and Joy Smith; Steve Gordon; Mark McCallum; Kathleen Janz; Karin Turner McKeone; and Mike McLaughlin. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Elliott, seconded by Vanderhoef, to continue the public hearing to October 18, 2005. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Elliott, to adjourn special meeting at 9:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk