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HomeMy WebLinkAbout2005-11-01 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 NOVEMBER 1,2005 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, Howard, Terdalkar, Trueblood. Council minutes tape recorded on Tape 05-73, Both Sides; Tape 05-74, Both Sides. The Mayor proclaimed National Hospice/Palliative Care Month - November 2005. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Ashley Gonzalez, Barbara Tran, Janessa Visin. Moved by Bailey, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 17, Regular Council Work Session; October 18, 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 - September 1,2005; Airport Commission - September 8, 2005; Police Citizens Review Board - September 13, 2005; Board of Adjustment - September 14, 2005; Parks and Recreation Commission - September 14, 2005; Planning and Zoning Commission - September 15, 2005; Historic Preservation Commission - September 22, 2005; Planning and Zoning Commission - October 6, 2005; Housing & Community Development Commission - September 15, 2005; Human Rights Commission - September 27, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, 130 N Dubuque St.; Class B Wine Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave. Renewal: Class C Liquor License for Kandy Land, Inc., dba Kandy Land, 928 Maiden Lane; Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct.; Outdoor Service Area for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct.; Class C Liquor License for Yelder Enterprises, Inc., dba Que, 211 Iowa Ave.; Class C Liquor License for Old Capitol Brew Works & Public House, LLC, dba Old Capitol Brew Works & Public House, LLC, 521-525 S. Gilbert St.; Outdoor Service Area for Old Capitol Brew Works & Public House, LLC, dba Old Capitol Brew Works & Public House, LLC, 521-525 S. Gilbert St.; Class C Liquor License for Bowman Ventures, Inc., dba Fitzpatrick's. 310 E. Prentiss St.; Outdoor Service Area for Bowman Ventures, Inc., dba Fitzpatrick's. 310 E. Prentiss St.; Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #6, 1535 S. Gilbert St.; Class C Beer Permit for Hawkeye Oil Company, dba Kirkwood Hawkeye Convenience Store, 300 Kirkwood Ave,; RES. 05-344, TO ISSUE DANCE FLOOR PERMITS to Kandy Land, Inc., dba Kandy Land, 928 Maiden Lane, and Yelder Enterprises, Inc., dba Que, 211 Iowa Ave. Setting a Public Hearing: RES. 05-345, INTENT TO GRANT A PERMANENT UTILITY EASEMENT IN THE PENINSULA NEIGHBORHOOD AND SETTING A Complete Description November 1,2005 Page 2 PUBLIC HEARING ON SAID EASEMENT FOR NOVEMBER 15, 2005; RES. 05-346, INTENT TO CONVEY PORTIONS OF THE RIGHT-OF-WAY IN AN ALLEY IN BLOCK 13, COUNTY SEAT, A PORTION OF SOUTH MADISON STREET AND A PORTION OF DES MOINES STREET, TO THE UNIVERSITY OF IOWA, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 15, 2005. Resolutions: RES. 05-347, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT WITH S & G MATERIALS FOR RENTAL OF A STORAGE BUILDING LOCATED AT 4213 SAND ROAD IN IOWA CITY FOR PURPOSES OF STORAGE OF CITY EQUIPMENT AND MATERIALS. Correspondence: JCCOG Traffic Engineering Planner regarding installation of 15 MINUTE LIMIT PARKING 8AM - 5PM MON-FRI signs on the east side of Teeters Court - Move NO PARKING ANY TIME signs from the east side of Teeters Court to the west side; Kevin Schuman regarding Bicycles on the streets; Angela Flynn regarding Low-income housing; Alcohol letters from Mary Daly, Stephen French, Megan Hansmann, Brigitte Knezevich; Public Smoking letters from Kelly Abba, Bill Edwards, Cindy Egan, Brian Gabriel, Aaron Guetzlaff; Mark Patton regarding change in CDBG funding terms for Habitat for Humanity; Maryann Dennis regarding HOME/CDBG Investment Policy. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The following individuals appeared regarding change in CDBG funding terms for Habitat for Humanity: Brad Langguth, representing the Board of Directors, 1070 Pheasant Valley St.; Ray Haas, Board President, 2003 - 10th Ave. (C); Mark Patton, Executive Director Iowa Valley Habitat. Council agreed to add discussion of this issue to the November 14 work session. Senior Center Commissioner Lori Benz, 2012 Dunlap Ct., updated Council on activities at the Center. Jim Larew appeared on the November municipal power election. 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 and 404 E. Bloomington St.; Charlie Eastham, President, Greater Iowa City Housing Fellowship; Dan Smith, 905 Wylde Green Rd., representing the Land Development Council; Greg Allen, Tiffin; Shirley Lekin, 830 Walnut St.; Mark McCallum, 811 College St.; Anna Buss, 525 W. Benton St.; Sarah Swartzendruber, One Tower Place, representing Land Development Council; Glenn Siders, Land Development Council; Mike McLaughlin, 614 Pine Ridge Rd. (C); Nancy Carlson, 1002 E. Jefferson St.; and Dennis Nowotny, 511 E. Washington St. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Tim Weitzel; Michael Pugh; John Kammermeyer (x2); and Greg Allen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to continue the public hearing to a special meeting on November 7 at 7:00 p.m. The Mayor declared the motion to continue carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, to set a public hearing for November 15 on an ordinance rezoning property from Medium Density Single-Family (RS-8) to Planned Development Housing Overlay - Medium Density Single-Family Residential (OPDH-8) for lots located on Catskill Court with the East Hill Subdivision (REZ-05-00012). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description November 1,2005 Page 3 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. No one appeared. The Mayor noted that 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, has been withdrawn, and no further action would be taken by Council. 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). No one appeared. Moved by Champion, seconded by O'Donnell, to adoPt RES. 05-348, APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 51.9 ACRES LOCATED ON AMERICAN LEGION ROAD (formerly Fairview Golf Course). 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 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. No one appeared. Moved by Vanderhoef, seconded by Wilburn, that 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 Legion Road, be given first vote. 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 rezoning areas currently zoned CB-2 located south of Davenport Street and north of Jefferson Street 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, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion defeated unanimously, 2/5, with the following division of roll call vote: Ayes: Bailey, Wilburn. Nays: Vanderhoef, Champion, Elliott, Lehman, O'Donnell. Absent: None. Moved by Champion, seconded by Vanderhoef, that the (revised) ordinance rezoning areas currently zoned CB-2 located south of Davenport Street and north of Jefferson Street from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, Mixed Use (MU) Zone and Public (P) Zone, for certain areas currently zoned CB-2 located south of Davenport Street and north of Jefferson Street, be given first vote. Affirmative roll call vote unanimous, 5/2, with the following division of roll call vote. Ayes: Champion, Elliott, Lehman, O'Donnell, Vanderhoef. Nays: Wilburn, Bailey. Absent: None. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from Planning and Zoning Chair Robert Brooks. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, that the ordinance rezoning areas currently zoned CB-2 located south of Jefferson Street and east of Gilbert Street, 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, be'given first vote. Individual Council Members expressed their views. The Mayor declared the motion defeated unanimously, 2/5, with the following division of roll call vote. Ayes: Bailey, Wilburn. Nays: Champion, Elliott, Lehman, O'Donnell, Vanderhoef. Absent: None. Moved by Champion, seconded by O'Donnell, that the (revised) ordinance rezoning areas currently zoned CB-2 Complete Description November 1,2005 Page 4 located south of Jefferson Street and east of Gilbert Street from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, and High Density Multi-Family Residential (RM-44) Zone, for certain areas currently zoned CB-2 located south of Jefferson Street and east of Gilbert Street, be given first vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Champion, Elliott, Lehman, O'Donnell, Vanderhoef. Nays: Bailey, Wilburn. Absent: None. Moved by Vanderhoef, seconded by Bailey, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Wilburn, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, 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 second vote. 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 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance 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, 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 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by O'Donnell, to defer indefinitely the 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 Vanderhoef, seconded by Wilburn, to defer indefinitely the 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 a motion to decide on the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness to enclose gutters on the residence located at 517 Grant Street. The following individuals appeared: Maria Duarte, 517 Grant St.; Richard Carlson, Vice Chair of Historic Preservation Commission; Mark McCallum, College Green representative on Historic Preservation Commission. Urban Planner Terdalkar present for discussion. Individual Council Members Complete Description November 1,2005 Page 5 expressed their views. Moved by O'Donnell, seconded by Bailey, to accept correspondence from Richard Carlson and Maria Duarte. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to affirm the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness to enclose gutters on the residence located at 517 Grant Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. 05-4183, 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 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 Vanderhoef, 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 Champion, seconded by Vanderhoef, to adopt RES. 05-349, AMENDING THE BUDGETED POSITIONS IN THE HOUSING AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY ADDING ONE HALF-TIME HOUSING ASSISTANT POSITION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wilburn, 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 Opportunities Program. Individual Council Members expressed their views and directed staff to re-bid the project in its present form. The Mayor declared the resolution defeated, 1/6, with the following division of roll call vote. Ayes: Wilburn. Nays: O'Donnell, Vanderhoef, Bailey, Elliott, Lehman, O'Donnell. Absent: None. Moved by Champion, seconded by O'Donnell, to adopt RES. 05-350, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WHITE BUFFALO, INC. TO KILL DEER BY MEANS OF SHARPSHOOTING IN JANUARY AND FEBRUARY 2006 AS PART OF THE CITY'S LONG-TERM DEER MANAGEMENT PLAN. Individual Council Members expressed their views. 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. 05-351, AMENDING THE BUDGETED POSITIONS AT THE AIRPORT BY DELETING THE FULL-TIME AIRPORT MANAGER POSITION AND ADDING A PART-TIME (.60) POSITION OF AIRPORT OPERATIONS SPECIALIST AND AMENDING THE CONFIDENTIAL/ADMINISTRATIVE PAY PLAN BY DELETING THE POSITION OF AIRPORT MANAGER AND ADDING THE POSITION OF AIRPORT OPERATIONS SPECIALIST. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Bailey, to adopt RES. 05-352, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE IMPROVEMENT AND SALE OF LAND FOR Complete Description November 1,2005 Page 6 PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS L.L.C. (Parcel 64-1A). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Marc Moen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Elliott, seconded by O'Donnell, to adopt RES. 05-353, ACCEPTING DONATION OF THE ANGEL OF HOPE STATUE AND APPROVING PLACEMENT OF THE STATUE IN CITY PARK. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Elliot[, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Champion. Absent: None. Moved by O'Donnell, seconded by Elliott, to make the following appointments to boards and commissions: appoint Michelle Shelangouski, 1126 Village Farm Court, to the Board of Adjustment to fill a five-year term January 1,2006 - January 1,2011; appoint Alan Gerard, 851 Coventry Court, to the Board of Appeals for a Licensed Electrician to fill a five- year term January 1, 2006- December 31,2010; appoint Sehee Foss, 319 E. Court #13, and Martha Lubaroff, 117 Glenn Drive to the Human Rights Commission to fill two-year terms January 1, 2006 - January 1,2009; re-appoint John Westefeld, 4831 Southchase Court and Ryan O'Leary, 1924 Muscatine Avenue, to the Parks and Recreation Commission to fill a four-year terms January 1,2006 -January 1,2010; due to a publication error, the unexpired term is being re-advertised; appoint David Gould, 2923 Radcliff Avenue, to the Senior Center Commission to fill a three-year term January 1,2006 - December 31,2008. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to accept correspondence from Sehee Foss, Chuck Felling and Janice Frey. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the following following vacancies will be readvertised: 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; Human Rights Commission to fill a three-year term January 1,2006 - January 1,2009; Public Art Advisory Committee to fill two (2) three-year terms January 1,2006 - January 1, 2009; Senior Center Commission to fill a three-year term January 1,2006 - December 31, 2008. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the current vacancies: Airport Commission to fill an unexpired term ending March 1,2010; Parks and Recreation Commission to fill an unexpired term ending January 1, 2007; Board of Appeals to fill an unexpired term ending December 31,2008. See correspondence included in Council packet. Applications must be received by 5:00 p.m., Wednesday, December 7, 2005. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Carl Williams. The Mayor declared the motion carried, 7/0, all Council Members present Council Member Bailey stated that North Dubuque Street was starting to look very good, and hoped Project GREEN could work magic on the completion; asked that legislative priorities be added to the work session November 7 since it was missed at the work session on October 31. Council agreed to add the item to the special work session on November 7. Complete Description November 1,2005 Page 7 Mayor Pro tem Wilburn said he was looking forward to hearing Julian Bon speak on November 4; and congratulated the City High School varsity football team going into the play- offs against Bettendorf Wednesday evening. Council Member O'Donnell also commented on the appearance of North Dubuque Street and questioned the timeframe for the completion of construction on Dodge Street/Highway 1. The City Manager stated the project was at least another year away form completion. Council Member Champion encouraged citizens to vote November 8; and shared the fun she had with trick or treaters on Halloween evening. Council Member Elliott stated he was charmed by a young six month old Halloween visitor; and shared mixed emotions with the World Series. Mayor Lehman reminded citizens to vote for Council and on the public power ballot issue. City Manager Atkins reported that Iowa City, for the sixth year in a row, had experienced $100 million in construction activity. City Clerk Karr wished the Regina varsity football team good luck on their playoff game Wednesday evening as well. Moved by O'Donnell, seconded by Bailey, to adjourn meeting at 9:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council M,e.~bers present. _ 'E'rn-e~t W. Lehman,'~a-y~)r Marian K. Karr, City Clerk Date: October 17, 2005 To': Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 17, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn staff: Atkins, Helling, Dilkes, Karr, Franklin, Boothroy, Nasby, Miklo, Howard Tapes: 05-61, Side 2; 05-66 and 05-67, Both Sides (A complete transcription is available in the City Clerk's Office) SCATTERED SITE 'HOUSING TASK FORCE (IP2 of 10/13 Info Packet) Scattered Site Housing Task Force Chairperson Matt Hayek presented the findings; stated that this report reflected the final act of the task force; and noted that HCDC would need direction relative to upcoming funding policies. Task Force Members Joan Vandenberg and Jerry Anthony present for discussion. STAFF ACTION: Schedule discussion of impact to CDBG HOME 2007 allocations (Franklin). PLANNING & ZONING ITEMS PCD Director Franklin, Senior Planner Miklo and Urban Planner Howard present for discussion of items a-i.. JOINT MEETING WITH PLANNING AND ZONING COMMISSION (members Brooks, Plahutnik, Shannon, Koppes, Smith and Freerks present) for discussion map and code (items a-i). A. REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE, NEIGHBORHOOD COMMERCIAL (CN- 1) ZONE, MIX,,ED USE (MU) ZONE AND PUBLIC (P) ZONE, FOR AREAS CURRENTLY ZONED CB'2rLOCATED SOUTH OF DAVENPORT STREET AND NORTH OF JEFFERSON STREET. B. 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. Council Work Session October 17, 2005 Page 2 C. 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. REZONING PROPERTIES CURRENTLY ZONED RESIDENTIAL FACTORY-BUILT HOUSING (RFBH) ZONE, TO PLANNED DEVELOPMENT HOUSING-HIGH DENSITY SINGLE-FAMILY (OPDH-12) ZONE (REZ05-00017). E. 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. 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. REZONING PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY (RS-8) TO HIGH DENSITY SINGLE-FAMILY (RS-12) FOR LOTS LOCATED ON CATSKILL COURT WITHIN THE iEAST HILL SUBDIVISION. (REZ05-00012) H. 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. (REZ05-00013) I. 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 I AND 5, RENUMBERING CHAPTERS 1, 2, 3, 5, 7, 8, 10 AND 11, AND REPEALING CHAPTER 12. PCD Director distributed a memo "Proposed Zoning Code - issues and questions raised at public hearings" for discussion at the October 31 work session. PCD Director Franklin presented information on the following items: J. VACATING/~!PORTION OF THE RIGHT-OF-WAY IN AN ALLEY BLOCK 13, COUNTY SEAT, A POF.:TION OF SOUTH MADISON STREET AND A PORTION OF DES MOINES STREET IN IOWA CITY COMPRISING APPROXIMATELY 1.31 ACRES (VAC05-00007). City Attorney Dilkes stated the understanding was that the University would not be paying a fee; Franklin stated the property was city owned until conveyed by Council. Council Work Session October 17, 2005 Page 3 K. APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELy 51.9 ACRES LOCATED ON AMERICAN LEGION ROAD (ANN05-00002) PCD Director Franklin stated the conditional zoning agreement had not been signed. Items K and L would have to be continued until the next meeting if the signed agreement was not received prior to the formal meeting. L. 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) (See previous item) M. RESOLUTION APPROVING THE FINAL PLAT OF CARDINAL RIDGE PART ONE, IOWA CITY, IOWA. {SUB05.00018) (DEFERRED FROM 10/4) N. RESOLUTIO~ APPROVING THE FINAL PLAT OF CARDINAL RIDGE- PART TWO AND THREE, IOWA CITY, IOWA (SUB05-00022) PCD Director Franklin stated staff would be recommending approval of Part Two and indefinite deferral of Part Three. A separate resolution approving Part Two will be presented at the forma meeting. O. RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE PART 21, IOWA CITY, IOWA (SUB05-00006) P. RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XXlII, IOWA CITY, IOWA (SUB05-00024) PCD Director Franklin requested deferral to November 1. Q. RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XXIV, IOWA CITY, IOWA t'SUB05-00025) PCD Director Franklin requested deferral to November 1. AGENDA ITEMS 1. (Item # 14 - Resolution approving ... Parks and Recreation Department's memorial donation policy) Majority of Council requested that the policy be approved but a separate resolution prepared for the next agenda to allow discussion on the "angel" being proposed. City Attorney will prepare the resolution. Council Work Session October 17, 2005 Page 4 2. (Item # 9 - Ordinance amending Title 9, entitled "Alcoholic Beverages," ... to provide that second and subsequent offense violations may be based on prior conviction under either the City ordinance or state law) In response to Schreiber, City Atty. Dilkes clarified that we are limited to the state of Iowa so any conviction outside the state would be excluded. 3. (Item # 15 - R.gsolution establishing a Youth Advisory Board) In response to Council Member Bailey, the majority of Council agreed to move item # 15 up on the agenda ahead of zoning matters. 4. (Item # 10 - Resolution supporting the development of affordable housing .... Low income housing tax credit application) In response to Council Member Elliott, staff clarified the project being referred to was the County home site. 5. (Item # 11 - Resolution awarding contract ... Todd Hackett Construction ... construction of a duplex home under the Affordable Dream Home Opportunities Program) His Director Boothroy present for discussion. COUNCIL UPCOMING MEETING SCHEDULE (IP3 of 10/13 Info Packet) Council discussed the following changes: Tuesday, November 22 (originally scheduled for November 9) League meeting with area Legislators on Property Tax Legislation (7:00 PM - Public Library) Monday, November 28 (option to Saturday December 3 afternoon) Meeting with area legislators (4:30-6:00 PM - Harvat Hall) STAFF ACTION: Memo included in October 27 information packet. (Kart) COUNCIL TIME None Meeting adjourned 10:10 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 - 10/18/05 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: Change Your Clock, Change Your Battery Day - October 30, 2005, Captain Larry Kahler accepting; United Nations Day - October 24, 2005, Wayne Osborn, Presidenl. 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 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: 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 Caf6 Z, 1705 S. First Ave.; Special Class C Liquor License for Masala, 9 S. Dubuque St.; Special Class C Liquor License for Motley Cow Caf6, 327 E. Market St.; Class C Liquor License for La Casa, Ltd., 1200 Gilbert Ct.; RES. 05-329, TO ISSUE CIGARETTE PERMIT to 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; 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- · Official Actions October 18, 2005 Page 2 332, 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. The Mayor declared the motion carried. Bob Welsh, 840 Penfro, appeared regarding the November municipal power election. Susan Zoeckler, 3.'36 Windsor Dr., presented information requesting installation of restroom~ and water fountains at the Skateboard Park. Moved and seconded to accept correspondence from Ms. Zoeckler. The Mayor declared the motion carried. 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 and seconded 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. Moved and seconded to adopt RES. 05-334 ESTABLISHING A YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA. Danielle Malatek appeared. 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, MixE'd 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 and seconded to accept correspondence from Sarah Buss Paulson. The Mayor declared the motion carried); 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, 811 E. College St. Moved and seconded to accept correspondence from Greg Downes; David Rust and Joy Smith (2), letter from Armond Pagliai with notarized 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, ) Official Actions October 18, 2005 Page 3 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. Moved and seconded 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. A public hearing was held on an ordinance rezoning property from Central Business Service (CB-2) Zo.qe 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. Moved and seconded 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 letters from Nila Haug, Mark Holtkamp, Jason Bradley, Stephen Trefz. The Mayor declared the motion carried. Moved and seconded 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 currently zoned CB-2 located south of Jefferson Street and east of Gilbert Street. The Mayor declared the motion carried. A public he'~ring 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. Moved and seconded 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. 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. Moved and seconded 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. The Mayor declared the motion carried. A public he"~ring 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. Official Actions October 18, 2005 i, Page 4 Moved and seconded 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. 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. Moved and seconded to accept correspondence from Andrew Brobston. The Mayor declared the motion carried. Moved and seconded that the 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, be given first vote. 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 and seconded to continue the public hearing to November 1. The Mayor declared the motion carried. Moved and seconded 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. 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 Meadows Drive within the Whispering Meadows Subdivision. Moved and seconded 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, be given first vote. 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, ~,mending portions of Chapters 1 and 5, renumbering Chapters 1,2, 3, 5, 7, 8, 10 and 11, and ~'epealing 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. Moved and seconded to continue public hearing to November 1. The Mayor declared the motion carried. Moved and seconded 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). 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. Official Actions October 18, 2005 Page 5 Moved and seconded 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 in Iowa City comprising approximately 1.31 acres (VAC05-00007), be given first vote. 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 November 1. The Mayor declared the motion carried. Moved andseconded to defer to November 1 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 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 and seconded to continue public hearing to November 1. The Mayor declared the motion carried. Moved and seconded 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 Legion Road. The Mayor declared the motion carried. Moved and seconded to adopt RES. 05-335, APPROVING THE FINAL PLAT OF CARDINAL RIDGE - PART ONE, IOWA CITY, IOWA. Moved and seconded to adopt RES. 05-336, APPROVING THE FINAL PLAT OF CARDINAL RIDGE- PART TWO, IOWA CITY, IOWA and to defer indefinitely Part 3. Moved and seconded to adopt RES. 05-337, APPROVING THE FINAL PLAT OF WINDSOR RIDGE PART 21, IOWA CITY, IOWA. Moved and 'seconded to defer to November 1, a resolution approving the final plat Village Green Part XXIII, Iowa City, Iowa. The Mayor declared the motion carried. Moved and seconded 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. 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 and seconded to accept correspondence from Terry Dunlap. The Mayor declared the motion carried. Moved and seconded to adopt RES. 05-338, 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, THF",OUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO. 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. Official Actions October 18, 2005 :, Page 6 ~ Moved and seconded 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 ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded 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. 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 and seconded 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. Moved and seconded 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 Opportunities Program. Moved and seconded to defer consideration until November 1. The Mayor declared the motion to defer carried. Moved and seconded to adopt RES. 05-341, APPROVING THE CALL TO ARTISTS FOR THE WETHERBY FRIENDS AND NEIGHBORS NEIGHBORHOOD ART PROJECT. Moved and seconded 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. Moved and seconded to adopt RES. 05-343, APPROVING THE PARKS AND RECREATION DE!PARTMENT'S MEMORIAL DONATION POLICY. '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; 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.] Official Actions October 18, 2005 Page 7 Moved and seconded to adjourn at 10:30 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/MariaQ~K. Kar~r, City CI/e/~k /./, · Submitted~~,,/~FOr p u b :ica~~____~ 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 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 Cafb 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 COMIVIlSSION 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 by Wilburn, 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 notarized 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 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. 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 - Mediurr' 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 Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located on Dodge Street Court 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 continU8 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 Meadows 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 211ey 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 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 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 Van¢';erhoef, 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 O'Donnell, seconded by Wilburn, to adopt RES. 05-338, 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. 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 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. Complete Description October 18, 2005 Page 7 Moved by Vanderhoef, 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 Opportunities 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 O'Donnell, seconded by Vanderhoef, to adjourn at 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk