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HomeMy WebLinkAbout2005-11-15 Council minutes 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 NOVEMBER 15, 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 Miklo, Franklin, O'Malley, Howard. Council minutes tape recorded on Tape 05-80, Both Sides. The Mayor proclaimed Hunger and Homelessness Awareness Week - November 14- 19, 2005. James Smith, Social Work Intern from Iowa City Veterans Hospital accepted. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Melissa McCoy, Jordyn Theisen. The Mayor presented a Certificate of Achievement for Excellence in Financial Reporting - Fiscal Year Ended June 30, 2004 to the City. Finance Director Kevin O'Malley accepting. Moved by Champion, seconded by Bailey, 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 Item No. 5e(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: November 1, Regular Council Formal Official and Complete; November 7, 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). Telecommunications Commission - September 26, 2005; Civil Service Commission - October 25,2005; Senior Center Commission - September 27,2005; Public Library Board of Trustees - September 22, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Special Class C Liquor License for India Cafe Corp., dba India Cafe, 227 E. Washington St. Motion: Approve disbursements in the amount of $9,199,531.03 for the period of September 1 through September 30, 2005, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 05-355, SETTING A PUBLIC HEARING ON DECEMBER 13,2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET / SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 05-356, SETTING A PUBLIC HEARING ON DECEMBER 13,2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - WILLOW CREEK TO OLD HIGHWAY 218 PROJECT, Complete Description November 15, 2005 Page 2 DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 05-357, INTENT TO ENTER INTO A LEASE AGREEMENT FOR THE LEASE OF APPROXIMATELY 5,000 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE IOWA CITY PUBLIC LIBRARY BUILDING, AND SETTING A PUBLIC HEARING ON SAID LEASE AGREEMENT FOR DECEMBER 13, 2005. Resolutions: RES. 05-358, NAMING DEPOSITORIES; RES. 05-359, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, BOX CULVERT, TILE LINE, WATER MAIN, PAVING AND CONCRETE TRAIL PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TEN A, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 05-360, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN IMPROVEMENTS FOR WINDSOR RIDGE - PART THIRTEEN; RES. 05-361, ACCEPTING THE WORK FOR THE STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF COURT STREET LOCATED WITHIN WINDSOR RIDGE- PART FOURTEEN, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 05-362, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOT 1 OF WINDSOR RIDGE - PART TWENTY-ONE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 05-363, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 708 5th AVENUE, IOWA CITY, IOWA; RES. 05-364, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND COUNTRYWIDE FULL SPECTRUM LENDING DIVISION, SIMI VALLEY, CALIFORNIA FOR PROPERTY LOCATED AT 708 5th AVENUE, IOWA CITY, IOWA; RES. 05-365, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1228 LOUISE STREET, IOWA CITY, IOWA; RES. 05-366, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1713 WILSON STREET, IOWA CITY, IOWA; RES. 05-367, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN REGARDING BEAM REINFORCEMENT AT THE IOWA CITY WATER TREATMENT PLANT; RES. 05-368, ESTABLISHING CITY OF IOWA CITY 2006 LEGISLATIVE PRIORITIES. Correspondence: Acting JCCOG Traffic Engineering Planner regarding removal of NO PARKING ANY TIME signs in front of 1007 Bloomington Street, and reestablishing the NO PARKING MONDAY, WEDNESDAY, FRIDAY 8 AM-5 PM designation; JCCOG Traffic Engineering Planner regarding removal of parking meter in the 500 block of North Clinton Street - Move NO PARKING CORNER TO HERE and Complete Description November 15, 2005 Page 3 NO PARKING 2AM to 6AM TOW AWAY ZONE signs approximately 30 feet north; JCCOG Traffic Engineering Planner regarding installation of NO PARKING ANY TIME signs on both sides of Freedom Court; Geoffrey Lauer regarding Transit needs; Rod Sullivan regarding an opportunity to work together; Rod Sullivan regarding TIFs; Philip Swartzendruber regarding Intersection of US 6 and Heinz Road [staff response included]; Saul Mekies regarding Telecommunications Commission budget process; Mark Patton regarding Habitat for Humanity; Jim Knapp regarding Public Power; Jim Clayton regarding Press Citizen Interview with Peter Nathan; Jeff Dennis regarding Assistance with Court record [Staff response included]; Adam Zarifis regarding Jail overcrowding; Terry Hokanson regarding Solving the Gas Pump Pinch; June Braverman regarding Jay Honohan's guest opinion in the Iowa City Press Citizen; Brian Flynn and Leah Cohen regarding Iowa City Alcohol Advisory Board; Nick Hale regarding PAULA citations; Jeff LeMaster regarding Intersection of Friendship and 1st Ave [Staff response included]; Ann Sullivan regarding Iowa City Hospice Proclamation; Scott Flaherty regarding Proclamation questions [Staff response included]; Letters from La Donna Wicklund, Beppie Weiss regarding Recommendation of The Moving Crew (Bus Depot); Dennis Saeugling regarding Public Power. 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. 05-354, 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 DECEMBER 13, 2005. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Elliott. Nays: Bailey, Champion. Absent: None. Leah Cohen, co-chair of the Iowa City Alcohol Advisory Board, reviewed materials contained in Consent Calendar correspondence. 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 Mayor read a list of proposed changes the Council is considering to the draft zoning code. The following individuals appeared: Charlie Eastham, Greater Iowa City Housing Fellowship, 37 Calwyn Ct.; Mike McLaughlin, 614 Pine Ridge Rd, (C); Dennis Nowotny, 511 E. Washington St.; Glenn Siders, Land Development Council; and Barbara Buss, 718 S. Summit St. PCD Director Franklin and Urban Planner Howard present for discussion. Moved by Elliott, seconded by Champion, to continue the public hearing to a special meeting at 7:00 p.m. on Monday, December 12. Council agreed not to hold the work session scheduled for November 16 on the zoning code. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to accept correspondence from Garry Klein, Tim Weitzel, Dennis Mitchell, Geoffrey Lauer, and Mike McLaughlin. The Mayor declared the motion carried, 7/0, all Council Members present. Complete Description November 15, 2005 Page 4 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 Residential (OPDH-8) for lots located on Catskill Court with the East Hill Subdivision. No one appeared. Moved by Champion, seconded by O'Donnell, that the 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 within the East Hill Subdivision, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. 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 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 Vanderhoef, that the ordinance rezoning property 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 second 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: Wilburn, Bailey. Absent: None. 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 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 second 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: Wilburn, Bailey. Absent: None. Moved by Bailey, seconded by O'Donnell, to defer indefinitely the following ordinances: 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; Rezoning properties currently zoned Residential Factory-Built Housing (RFBH) Zone, to Planned Development Housing-High Density Single-Family (OPDH-12) Zone (REZ05- 00017); 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; 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; 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 Wilburn, seconded by Champion, that ORD. 05-4184, 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/University of Iowa), be Complete Description November 15, 2005 Page 5 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a resolution authorizing conveyance of 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. No one appeared. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 05-369, AUTHORIZING CONVEYANCE OF 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing execution of a permanent utility easement in the Peninsula Neighborhood. No one appeared. Moved by Champion, seconded by Vanderhoef, to adopt RES. 05-370, AUTHORIZING EXECUTION OF A PERMANENT UTILITY EASEMENT IN THE PENINSULA NEIGHBORHOOD. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," to limit fences to three (3) feet in height, to allow sidewalk cafes only in Zone 1 in City Plaza, to clarify the Definition of Amenity, and to require anchored fencing except in the winter months, and Chapter 5, entitled "City Plaza," Section 7, entitled "Use of City Plaza," paragraph A to clarify that sidewalk cafes are a permitted commercial use in City Plaza, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. [See comments at end of meeting] Moved by Vanderhoef, seconded by Bailey, to defer indefinitely the resolution rebidding the project for the construction of a duplex home under the Affordable Dream Home Opportunities program located on Longfellow Place, directing the City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, to adopt RES. 05-371, ESTABLISHING A YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA AND REPEALING RESOLUTION NO. 05-334. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, to adopt RES. 05-372, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE HIGHWAY 6 IMPROVEMENT PROJECT - LAKESIDE DRIVE TO 420TH STREET, STPN-6-7(66)--2J52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to defer to December 13 a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Parking Fiber project. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the current vacancies: New: Youth Advisory Commission to fill four vacancies for two year terms January 1,2006 - December 31,2007, Two (2) persons - Age Complete Description November 15, 2005 Page 6 15 to 17 on the date of filing, Two (2) persons - Age 18 to 21 on the date of filing; three vacancies to fill one year term January 1,2006 - December 31,2006, Two (2) persons - Age 15 to 17 on the date of filing, One (1) person - Age 18 to 21 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, January 4, 2006. The Mayor noted the previously announced vacancies: Airport Commission to fill an unexpired term ending March 1, 2010; 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 to fill an unexpired term ending December 31, 2008; Human Rights Commission to fill a three-year term January 1, 2006 - January 1, 2009; Parks and Recreation Commission 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 to fill a three-year term January 1, 2006 - December 31, 2008. Applications must be received by 5:00 p.m., Wednesday, December 7,2005. [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 the announcement of vacancies for the Youth Advisory Board and suggested a different recruitment than other Boards and Commissions. Council Member Bailey stated she would also follow up with young people who had expressed interest earlier. Council Member Champion noted the proclamation for Hunger and Homelessness Awareness Week and suggested two local agencies, Crisis Center and Shelter House, who could use food and money. Council Member Vanderhoef noted the letter on the Consent Calendar for use of the old bus depot from the Moving Crew and suggested the item be scheduled for the next work session. Mayor Pro tem Wilburn congratulated the 2005 Philanthropy Award winners: Frank & Lucille Boyd, Outstanding Individual Philanthropist; Project GREEN, Outstanding Philanthropic Organization; Children Helping Innocent Laborer's Dramatic Child of Iowa City, Outstanding Philanthropic Youth; Sandy Boyd, Benjamin Franklin Award. Council Member Bailey reminded Council and the public of the corridor group meeting planned on light rail transportation November 17. Mayor Lehman reminded Council of the employee appreciation luncheon planned for November 17. Council Member Vanderhoef stated she had a conflict and would not be able to attend; reported that the Convention and Visitors Bureau (CVB) luncheon held on November 11 was delightful; congratulated incoming Council Members Amy Correia, Mike O'Donnell, and Connie Champion. Marc Moen, 226 S. Clinton St., appeared regarding item # 10, sidewalk cafes. Moved by Elliott, seconded by Vanderhoef, to adjourn meeting at 8:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members prese t. Complete Description November 15, 2005 Page 7 nl~~~.J fI.~ Maria . 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 11/01/05 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 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 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: 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, 130 N Dubuque St.; Class B Wine Permit for On the Go Convenience Stores, Inc., 2315 Muscatine Ave. Renewal: Class C Liquor License for Kandy Land, 928 Maiden Lane; Class C Liquor License for Grizzly's South Side Pub, 1210 Highland Ct.; Outdoor Service Area for Grizzly's South Side Pub, 1210 Highland Ct.; Class C Liquor License for Que, 211 Iowa Ave.; Class C Liquor License for Old Capitol Brew Works & Public House, LLC, 521-525 S. Gilbert St.; Outdoor Service Area for Old Capitol Brew Works & Public House, LLC, 521-525 S. Gilbert St.; Class C Liquor License for Fitzpatrick's. 310 E. Prentiss St.; Outdoor Service Area for Fitzpatrick's. 310 E. Prentiss St.; Class C Beer Permit for Aldi, Inc. #6, 1535 S. Gilbert St.; Class C Beer Permit for Kirkwood Hawkeye Convenience Store, 300 Kirkwood Ave.; RES. 05-344, TO ISSUE DANCE FLOOR PERMITS to Kandy Land, 928 Maiden Lane, and 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 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. Official Council Actions November 1,2005 Page 2 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. 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 and seconded to accept correspondence from Tim Weitzel; Michael Pugh; John Kammermeyer (x2); and Greg Allen. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. 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. 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. Official Council Actions November 1,2005 Page 3 Moved and seconded to adopt RES. 05-348, APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 51.9 ACRES LOCATED ON AMERICAN LEGION ROAD. 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion defeated. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Planning and Zoning Chair Robert Brooks. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion defeated. Moved and seconded that the (revised) 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, 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. 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 second vote. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. 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 second vote. 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 Official Council Actions November 1,2005 Page 4 Court within the Jacob Ricord's Subdivision, be given second vote. 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 south and east of Whispering Meadows Drive within the Whispering Meadows Subdivision, be given second vote. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. Moved and seconded to defer indefinitely the resolution approving the final plat of Village Green Part XXIII, Iowa City, Iowa. The Mayor declared the motion carried. Moved and seconded to defer indefinitely the 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 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. Moved and seconded to accept correspondence from Richard Carlson and Maria Duarte. The Mayor declared the motion carried. Moved and seconded 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. 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. 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. The Mayor declared the resolution defeated. Moved and seconded 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. Official Council Actions November 1,2005 Page 5 Moved and seconded 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. Moved and seconded 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 PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS L.L.C.. Moved and seconded to accept correspondence from Marc Moen. The Mayor declared the motion carried. Moved and seconded to adopt RES. 05-353, ACCEPTING DONATION OF THE ANGEL OF HOPE STATUE AND APPROVING PLACEMENT OF THE STATUE IN CITY PARK. Moved and seconded 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 and seconded to accept correspondence from Sehee Foss, Chuck Felling and Janice Frey. The Mayor declared the motion carried. 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 and seconded to accept correspondence from Carl Williams. The Mayor declared the motion carried. Moved and seconded to adjourn meeting at 9:35 p.m. The Mayor declared the motion carried. Official Council Actions November 1,2005 Page 6 A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City ,Clerk, ~ ~ Subnhittc:~for publication - 11/8/05. 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 - 11/7/05 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: Steve Gordon, Land Development Council; Mike McLaughlin, 614 Pine Ridge Rd. (C); and Greg Allen, Tiffin; and Planning & Zoning Chairperson Bob Brooks. Moved and seconded to continue the public hearing to November 15. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Steve Gordon, Mike McLaughlin (x2), Greg Allen, Cynthia Parsons, and Jim & Kate Gerard. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting at 8:10 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, ~ty C!e,rk Submitted for publication - 11/9/0,~ 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 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; Glenr~ 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 Counc'il 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: Elliott, 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 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 NOVEMBER 7, 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, Howard, Miklo. Council minutes tape recorded on Tape 05-75, 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 Mayor stated the public hearing would be continued to November 15 to allow for Council discussion of potential changes. The following individuals appeared: Steve Gordon, Land Development Council; Mike McLaughlin, 614 Pine Ridge Rd. (C); and Greg Allen, Tiffin; and Planning & Zoning Chairperson Bob Brooks. PCD Director Franklin and Urban Planner Howard present for discussion. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Bailey, to continue the public hearing to November 15. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from Steve Gordon, Mike McLaughlin (x2), Greg Allen, Cynthia Parsons, and Jim & Kate Gerard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to adjourn special meeting at 8:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk