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HomeMy WebLinkAbout2006-01-23 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 JANUARY 23, 2006 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin. Council minutes tape recorded on Tape 06-08, Side 1. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Sage Behr, Teara Richards, Alex Shinnick-Gordon. Moved by Champion, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received, or approved: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: December 12, Special Council Work Session; January 4, Special Council Formal Official and Complete; January 9, Special Council Work Session; January 10, Special Council Formal Official and Complete; January 17, 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): Board of Appeals - May 2, 2005; Board of Appeals - May 24, 2005; Public Art Advisory Committee - December 1,2005; Board of Adjustment - December 14, 2005; Planning and Zoning Commission - December 15, 2005; Iowa City/Coralville Animal Care and Adoption Center Advisory Board - October 19, 2005; Parks and Recreation Commission - December 14, 2005; Senior Center Commission - December 27,2005; Airport Commission - December 8, 2005; Police Citizens Review Board - December 13, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Special Class C Liquor license for USIAM, Inc., dba Thai Flavors, 340 E Burlington St.; Special Class C Liquor License for Sylvia Venuto, dba Venuto's World Bistro, 115 E College St.; Class C Liquor License for Mike & Marty Enterprises, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.; Class B Liquor License for Ackerman Investment Co., dba Quality Inn & Suites, Highlander Conference Center, 2525 N Dodge St.; Class E Liquor License for Supervalu, Inc., dba Cub Foods, 855 Hwy 1 West; RES. 06-17, TO ISSUE DANCING PERMIT for Ackerman Investment Co., dba Quality Inn & Suites, Highlander Conference Center, 2525 N Dodge St. Motions: Approve disbursements in the amount of $7,526,988.63 for the period of November 1 through November 30, 2005 as recommended by the Finance Director. Setting a Public Hearing: RES. 06-18, SETTING A PUBLIC HEARING FOR FEBRUARY 13, 2006 REGARDING THE INTENT TO ENTER INTO A LEASE AGREEMENT WITH lEADING EDGE ENTERPRISES, l.L.C. D/B/A NEW YORK NY DELI FOR THE lEASE OF THE GROUND FLOOR COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUilDING; RES. 06-19, SETTING A PUBLIC HEARING FOR MARCH 21,2006 ON THE IOWA CITY HOUSING AUTHORITY'S STREAMLINED ANNUAL PLAN FOR FISCAL YEAR 2006 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. Resolutions: RES. 06-20, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC Complete Description January 23, 2006 Page 2 IMPROVEMENTS FOR VILLAGE GREEN - PART XX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Dennis Kowalski regarding Property Rights; Steve Fugate regarding Restaurant oil collection; Kirt Sickels regarding Salute to Hospitalized Veterans; Jacob Shultz regarding Increase growth on the east side of Iowa City; Sophia Magill regarding Cultural Advocacy Day & Great Places Workshops; Amadi Walker regarding Stepping Up Project [Staff response included]; Kimberly Sanders regarding Public Meetings [Staff response included]; Drew Henning regarding Human Rights Commission [Staff response included]; Jane Downer regarding Iowa City Assessors Office and Johnson County Assessors Office consolidation; Gina Peters regarding Johnson/Linn County Public Leadership Group Meeting. The Mayor repeated the public hearings as set. Affirmative roll vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mark Ginsberg appeared urging support of the funding request for Summer of the Arts. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for February 13 on an ordinance rezoning 1.02 acres from Low Density Single-Family Residential (RS-5) Zone to Community Commercial (CC-2) Zone for property located at 3405 Rochester Avenue. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, that the ordinance rezoning approximately 10.41 acres from Low Density Single-Family Residential Zone (RS-5) to Sensitive Areas Overlay/Low Density Single-Family Residential Zone (OSNRS-5) for property located east of Highway 218 and south of Melrose Avenue (Galway Hills, Part Four), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Correia, seconded by Bailey, to defer to February 13 a resolution approving the final plat of JJR Davis Fourth Addition, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving of an amendment to a real estate contract - installments between the City of Iowa City and United Action for Youth for Condominium Unit 1-C in Tower Place and parking. No one appeared. Moved by Champion, seconded by Bailey, to adopt RES. 06-21, APPROVING OF AN AMENDMENT TO A REAL ESTATE CONTRACT -INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Correia, to adopt RES. 06-22, NAMING THE PENINSULA PARKLAND AREA "PENINSULA PARK". Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-23, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH GILBERT STREET / SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET PROJECT to Metro Pavers for $1 ,396,068.73. 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 February 13 a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Mormon Trek Boulevard Extension - Willow Creek to Old Highway 218 Complete Description January 23, 2006 Page 3 project. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to grant a 45-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #05-03. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to grant a 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #05-04. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to approve a tentative agreement between the City of Iowa City and the Iowa City Association of Professional Firefighters. IAFF, Local #610. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor announced current vacancies: New: Airport Commission to fill a six-year term March 1, 2006 - March 1, 2012; Civil Service Commission to fill a four-year term April 3, 2006 - April 5, 2010; Historic Preservation Commission to fill four vacancies for three-year terms March 29, 2006 - March 29, 2009; Telecommunications Commission to fill two vacancies for three-year terms March 13, 2006 - March 13, 2009. Applications must be received by 5:00 p.m., Wednesday, February 22, 2006. Moved by Champion, seconded by Bailey, to appoint Dee Vanderhoef to the East Central Iowa Council of Governments (ECICOG) to fill the unexpired term of Ross Wilburn ending 12/31/07; and that Mayor Wilburn continue to serve on the Iowa City/Coralville Sports Authority ending 12/31/07. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to appoint Lisa Drahozal-Pooley, 1133 Briar Drive, to the Animal Care and Adoption Center Advisory Board 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. Mayor Wilburn abstained due to a conflict of interest. Mayor Pro tem Bailey now presiding. Moved by Correia, seconded by Elliott, to appoint Yolanda Spears, 1009 Dover Street, to the Housing and Community Development Commission to fill an unexpired term ending September 1, 2006. The Mayor Pro tem declared the motion carried unanimously, 6/0/1, Wilburn abstaining. Mayor Wilburn now presiding. The Mayor noted the following vacancies will be readvertised: 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. Council Member Elliott requested that the Fire Chief and Police Chief be scheduled for an upcoming budget work session to discuss their requests for additional personnel. Majority agreed. Mayor Pro tem Bailey asked if Summer of the Arts would be presenting information at the community events hearing January 30. City Clerk Karr stated that a letter had been sent notifying them of the procedure; announced that a Non-Profit Management Academy would be held February 16 with a scheduled presentation on "Grant Writing" by Ron Mirror. Interested individuals may call 337-2145. Council Member Elliott stated he was saddened to learn of the departure of University of Iowa President David Skorton. -----~-_.__.,,-_._..__.._-_._._-----,._-_..._--------- --.----"-.-.----.-.-".--------.--..-..------.----- .. .....-"...,.,.-.,-------..,......-..--.----- Complete Description January 23, 2006 Page 4 Council Member Vanderhoef reminded citizens of the council budget work sessions and that they were open to the public, and requested that the Capital Improvement Presentation on Wednesday be televised. Council Member O'Donnell noted the budget included a bus stop on Scott Blvd.; and wished University of Iowa President Skorton best wishes on his new challenge. Council Member Correia reported on a visit to Lucas Elementary School and discussion on starting of a Family Resource Center. Council Member O'Donnell requested a work session on renewal of the Mid-American franchise. A majority of Council requested the item be scheduled after the budget is finalized. City Atty. Dilkes stated a memo on the Des Moines franchise fee lawsuit will be distributed Wednesday morning. Mayor Wilburn congratulated President Skorton on his new position and stated he had emailed the Mayor of Ithaca (New York) to let her know what a treat they are in for. Moved by Bailey, seconded by Vanderhoef, to adjourn rneeting at 7:25 p.m. The Mayor declared the motion carried unanimously, 7/0, a~MCJej~ Ross Wilburn, Mayor 7J~~ K. ~d Man 11 K. Karr, City Clerk I ~ 1 -....= -~ ~~W~'r ~... "IIIII~ ....~ CITY OF IOWA CITY MEMORANDUM em: Date: December 12, 2005 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, December 12, 2005, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn UISG: Schreiber Staff: Atkins, Helling, Dilkes, Karr, Franklin, Knoche, O'Malley, Cohn Tapes: 05-84, Both Sides (A complete transcription is available in the City Clerk's Office) JOINT MEETING WITH AIRPORT COMMISSION/AVIATION COMMERCE PARK SOUTH (IP2 of 12/1 Information Packet) Airport Chair Hartwig and Commissioners Horan, Farris and Clay present for discussion. City Engr. Knoche addressed questions. Majority agreed to proceed as outlined in memo form PCD Director Franklin dated November 28. STAFF ACTION: Schedule a meeting of Airport Commission representatives and the Council's Economic Development Committee to discuss appropriate land uses in Aviation Commerce Park South. (Franklin) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING A PUBLIC HEARING FOR JANUARY 10 ON AN ORDINANCE REZONING APPROXIMATELY 10.41 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) TO SENSITIVE AREAS OVERLAY/LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (OSAlRS-5) FOR PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE B. 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, 5 AND 7, RENUMBERING CHAPTERS 1, 2, 3, 5, 7, 8, 10 AND 11, AND REPEALING CHAPTER 12. (SECOND CONSIDERATION) Council Work Session December 12, 2005 Page 2 C. ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY (RS-S) TO PLANNED DEVELOPMENT HOUSING OVERLAY - MEDIUM DENSITY SINGLE- FAMILY RESIDENTIAL (OPDH-S) FOR LOTS LOCATED ON CATSKILL COURT WITH THE EAST HILL SUBDIVISION. (REZ-5-00012) (SECOND CONSIDERATION) D. ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 51.9 ACRES FROM JOHNSON COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED ON AMERICAN LEGION ROAD. (REZ05-0001S) (PASS AND ADOPT) E. RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR WEST SUBDIVISION, IOWA CITY, IOWA (SUBOO-o002S) F. LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING DENIAL OF A REZONING FROM COUNTY A, AGRICULTURAL, TO R, RESIDENTIAL, FOR APPROXIMATELY 4.96-ACRES OF PROPERTY LOCATED IN FRINGE AREA B ON THE NORTH SIDE OF LOWER WEST BRANCH ROAD SE EAST OF TAFT AVENUE. (CZ05-00001) MOVING CREW REQUEST - OLD BUS DEPOT (IP2 of 12/8 Information Packet) City Manager Atkins presented information. Majority of Council agreed not to approve the request for use of the Old Bus Depot and to schedule discuss of the future of the site for the Council priority setting after the first of the year. The City Manager reported that Mid-American had been asked to do an appraisal for moving the transformer and the numbers have not been received. [Recessed work session for special formal 6:55; reconvened work session 7:45} COUNCIL APPOINTMENTS Airport Commission - no applicants, readvertise Airport Zoning Board of Adjustment - no applicants, readvertise Airport Zoning Commission - no applicants, readvertise Animal Care and Adoption Center - no applicants, readvertise Board of Appeals - Chad Campion Human Rights Commission - Kate Colleen Karacay Parks and Recreation Commission - John Watson Public Art Advisory Committee - DaLayne Williamson and Charles Felling Senior Center Commission - Robert Engel AGENDA ITEMS 1. (Item # 7 - Public hearing and resolution .... Amendment to a purchase agreement.... Wal- Mart Real Estate ... North Airport Development Subdivision-Part Two) City Atty. Dilkes announced that court dates have been set on both cases, February 14 for Board of Adjustment and February 23 for City Council. Council Work Session December 12, 2005 Page 3 2. (Item #11 - Ordinance amending Title 10 ... Sidewalk Cafes...) In response to Council Member Bailey, City Atty. Dilkes stated the legal issue is that the cafe be contiguous to the licensed establishment. City Clerk Karr noted that a walkway did exist for a brief time the day they opened but was not part of the approval. Council requested a map of the pedestrian mall and asked for discussion on the January g work session. 3. (Item #14 - Resolution ... installation of speed humps on Kennedy Parkway) In response to Council Member O'Donnell, PCD Director Franklin stated the project would not exceed $32,000. 4. (Item # 13 - Resolution ... approving agreement ... and the artist ... Kicker's Soccer Park ...) PCD Director Franklin showed a model of the project, and responded to questions regarding the $35,000 project. 5. (Item # 15 - Resolution ... application with the Iowa Department ofTransportation ... State Recreational Trails Program ... Butler Bridge Pedestrian Bridge) City Manager Atkins responded to questions. 6. (Item # 16 - Resolution amending the budgeted positions in the Information Technology Services Division ... Finance Department ...) Council Member Elliott stated this action was necessary to comply with the law and the cost would remain virtually the same. 7. (Item #18 - Resolution adopting an assessment schedule ...) In response to Council Member O'Donnell, the City Manager stated people are given an opportunity to clean snow from their sidewalks, and when it is not removed they are tagged and notified the City will clean it and assess it if not done within the time limits of the Code. COUNCIL TIME 1. Council Member Bailey requested that discussion of the Iowa City Assessor be scheduled for the January g work session. Majority agreed. 2. Council Member Vanderhoef requested information on City use of hybrid vehicles. Staff will report back. SCHEDULING (IP3 of 12/8 Information Packet) After discussion the Council agreed to the following schedule: Wednesday, January 4 Thursday, January 5 Monday, January g Tuesday, January 10 Wednesday, January 11 Monday, January 16 Tuesday, January 17 - Special Formal Organizational (3:00 PM) - Possible Council Goal Setting (all day)' - Special Work Session (6:30 PM) - Special Formal (7:00 PM) - Possible Council Goal Setting (all day)* - City Holiday - Budget Work Session (6:00-9:00 PM) - Special Work Session (5:30 PM) and Special Formal Meeting (7:00 PM) Tuesday, January 24 - Possible Council Goal Setting (all day)' Wednesday, January 25 - Special Work Session (9:00 AM -Noon Budget; 1 :00-3:00 PM Joint Communication Center) - Budget Board/Commission/Organizations (7:00 PM) - Budget Work Session (9:00 AM - Noon) - Special Work Session (5:30 PM) and - Special Formal (7:00 PM- setting public hearing on budget) - City Holiday - Special Work Session (6:30 PM) - Special Formal (7:00 PM-public hearing on budget) - Regular Work Session (6:30 PM) - Regular Formal (7:00 PM) Council Work Session December 12, 2005 Page 4 Monday, January 23 Monday, January 30 Tuesday, January 31 Monday, February 13 Monday, February 20 Monday, February 27 Tuesday, February 28 Monday, March 6 Tuesday, March 7 Future meeting 2006 regular meeting schedule (first and third Tuesday) resumed. Council Member Vanderhoef encouraged Council Members to join her for the National League of Cities meeting March 11-15. In response to City Clerk Karr Council agreed only three Members would be attending the Women's Resource and Action Center housing forum at the Library on December 15. City Manager Atkins stated two spots have been held for the Chamber lobbying trip to Washington D.C. on February 6-7. Mayor Lehman thanked Council and staff for the kind words on his cable video. Meeting adjourned 8:35 PM. c;: 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 - 1/4/06 Iowa City City Council special meeting, 3:00 p.m. at City Hall. Council Members present: Bailey, Correia, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded to appoint City Clerk Karr as Temporary Chairperson. The Temporary Chair declared the motion carried. The Temporary Chair announced that nominations were in order for the office of the Mayor of the City of Iowa City. Moved and seconded to nominate Ross Wilburn. Moved and seconded to nominate Mike O'Donnell. Moved and seconded to close nominations. The Temporary Chair declared the motion carried. After voice vote the Temporary Chair declared Ross Wilburn as the new Mayor of Iowa City. Moved and seconded that the vote be unanimous for Ross Wilburn. The Temporary Chair noted the motion. The Temporary Chair announced that nominations were in order for the office of Mayor Pro tem of the City of Iowa City. Moved and seconded by to nominate Regenia Bailey. Moved and seconded to close nominations. The Temporary Chair declared the motion carried. Moved and seconded that a unanimous vote be cast for Regenia Bailey as Mayor Pro tem. The Temporary Chair declared the motion carried. The City Clerk gave the oath of office to Mayor Wilburn and Mayor Pro tem Bailey. Mayor Wilburn presiding. Moved and seconded to make the following Council Committee appointments: Johnson County Council of Governments (6+1 alternate) - Mayor Wilburn alternate; Iowa City/Coralville Visitors & Convention Bureau - Bailey; Student Senate Subcommittee - Elliott and Correia; Youth Advisory Board - Correia and alternate Bailey. The Mayor declared the motion carried. Moved and seconded to appoint Bailey, Elliott, and Champion to the Economic Development Committee. The Mayor declared the motion carried. Moved and seconded to appoint Vanderhoef and Correia to the Rules Committee; and O'Donnell to the Emergency Management Commission. The Mayor declared the motion carried. Council requested that discussion of Council Committee appointments relative to ECICOG, the Jail Task Force, and the Student Senate Subcommittee be scheduled for an upcoming work session. Council Member Elliott congratulated new Mayor Wilburn and Mayor Pro tem Bailey, and stated his desire to start moving ahead with confidence. Moved and seconded to adjourn, 3:20 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. ~ 1L-- s/Ross Wilburn, Mayor . {, s/Marian K. Karr, Ci~e~~ \...,J Submitte for publication: 1/12/06. ,! j .:::~=---~.... ~~W~~ -.;;.:... ~IIIII~ ....,..~ CITY OF IOWA CITY G;[ MEMORANDUM Date: January 9, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 9, 2006, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Student Senate Rep: Schreiber Staff: Atkins, Helling, Dilkes, Karr, Johnson, Nasby, Franklin, Boothroy, Moran Tapes: 06-02, Both Sides; 06-03, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. REZONING APPROXIMATELY 10.41 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) TO SENSITIVE AREAS OVERLAY/LOW DENSITY SINGLE- FAMILY RESIDENTIAL ZONE (OSAlRS-5) FOR PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE (Galway Hills, Part Four) B. APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XXIII, IOWA CITY, IOWA (SUB05-00024) C. APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XXIV, IOWA CITY IOWA (SUB05-00025) D. APPROVING THE PRELIMINARY PLAT OF LACY'S RUN ADDITION, IOWA CITY, IOWA. (SUB05-00020) E. APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT ADDITION, PART FOUR, IOWA CITY, IOWA. (SUB05-00031) SIDEWALK CAFES (agenda item #7) Police Capt Johnson, City Atty. Dilkes and City Clerk Karr present for discussion. Jim Mondanaro appeared. Council directed staff to amend the ordinance to provide for sidewalk cafes to expand into zone 2; and if they do expand into Zone 2 provide a walkway for pedestrians through the cafe; provide 30 day notice that the walkway may have to be relocated should a neighboring cafe be established; allow tree and tree rings to be included in cafes in zone 2. Council Work Session January 9, 2006 Page 2 STAFF ACTION: Amend ordinance for January 10 meeting and expedite considerations. (Dilkes) IOWA CITY ASSESSORS REPORT (IP2 of 1/05/06 Info Packet) City Assessor Dennis Baldridge present for discussion. Majority of Council requested the matter be scheduled for a future work session to allow individual members contact other cities; and discuss with County and School Board representatives. STAFF ACTION: Schedule for upcoming session but not before the January 23 Conference Board meeting. COUNCIL COMMITTEE APPOINTMENTS ECICOG . Council Member Vanderhoef will replace Mayor Wilburn JC Jail Task Force. Council Member Champion will continue; and Council Member Elliott will assist on subcommittee Sports Authority. Mayor Wilburn will continue Student Senate. Schreiber will discuss need for continued appointments of two council members to meet with Student Senate in light of formalization of liaison to the Council and report back. STAFF ACTION: ECICOG and Sports Authority appointments will be confirmed on January 23 formal agenda. (Karr) AGENDA ITEMS 1. (Agenda item # 12 . Resolution awarding contract... Regal Construction Services... duplex home under the Affordable Dream Home Opportunities Program) HIS Director Boothroy present for discussion. . 2. (IP6 of 1/5/06 Info Packet. Memo from the City Manager ... Refuse Tipper Cart Update) City Manager Atkins responded to questions. 3. (Agenda Item # 11 . Resolution establishing revised schedule of charges and fees ... .Parks & Recreation Services and Programs) Recreation Division Sup!. Moran present for discussion on discontinued or sliding fees for low income; and noting 72 out of 94 are being adjusted. 4. (Agenda items # 9. Resolution approving application ... CEBA ... Procter & Gamble Hair Care LLC and # 10 . Resolution... approving application... for the purpose of receiving benefits... State of Iowa's High Quality Job Creation Program) Economic Development Coordinator Nasby presented reported the State meets January 19 on the application. Council Work Session January 9, 2006 Page 3 COUNCIL TIME 1. Council agreed to have Mayor Wilburn and Mayor Pro tem Bailey attend the Chamber lobbying trip in Washington DC in early February. 2. (Consent Calendar item # 4g(3) - Snow on City Bike Racks) Asst. City Manager Helling explained the cleaning the streets was the first priority and the cleaning of snow from bike racks was a lower priority. Council requested discussion at a future work session the piling of snow onto bike racks during the snow removai efforts; earlier education in late fall encouraging bikers to utilize indoor storage; and research more space within existing ramps. Majority also requested discussion on establishments of snow routes; priorities for snow plowing in the downtown area. 3. Council Member Elliott requested an update on the Peninsula Project. 4. Council agreed the goal setting session planned for January 24 wouid be from 9:00 AM to 3:00 PM. Mayor Wilburn will follow up with the facilitator and City Manager to provide information to Council. 5. (Consent Calendar # 4g(9) - Jake Brakes) In response to Correia, Council Member Elliott will provide City Manager with information on town in Illinois that has such an ordinance; and staff will follow up with Coralville. 6. Council Member Correia reported she had received copies of the applications for the Youth Advisory Board and would be scheduling interviews, with Regenia as her alternate, and making a recommendation to Council Meeting adjourned 8:20 PM. r::r 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 -1/10/06 Iowa City City Council, special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor proclairned Women's Right to Choose Day - January 22, 2006. Emma Goldman Director Karen Kubby accepted. The Richard W. "Dick" Lee Award was presented to Officer Robert Hartman and Officer Daniel Roth. Police Chief Hargadine and family representative Terry Lee Parker presented the award. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: December 12, Special Council Formal Official and Complete; December 13, Special Council Formal Official and Complete; December 15, 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): Public Library - November 17, 2005; Police Citizens Review Board - October 11, 2005; Senior Center Commission - November 22,2005; Airport Commission - November 10, 2005; Parks and Recreation Commission - November 9, 2005; Board of Adjustment - October 12, 2005; Planning and Zoning Commission - December 1, 2005; Civil Service Commission - December 14, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Mclnnerney's Pub and Grill, 161 Hwy 1 W.; Outdoor Service Area for Mclnnerney's Pub and Grill, 161 Hwy 1 W.; Class C Beer Permittor Johncy's Convenience Store, 731 S Riverside Dr. Renewal: Class C Liquor License for Summit, 10 S Clinton St.; Class C Liquor License for Joe's Place, 115 Iowa Ave.; Outdoor Service Area for Joe's Place, 115 Iowa Ave.; Class C Liquor License for Studio 13, 13 S Linn St.; Class C Liquor License for Piano Lounge, 217 Iowa Ave.; Class C Liquor License for Aoeshe Restaurant, 624 S. Gilbert St.; Class C Beer Permit for North Dodge HandiMart, 2545 N Dodge St.; RES. 06-1, TO ISSUE DANCING PERMIT to Summit, 10 S Clinton St. Motions. Approve disbursements in the amount of $7,440,015.21 for the period of October 1 through October 31,2005, as recommended by the Finance Director subject to audit. Setting a Public Hearing. RES. 06-2, INTENT TO AMEND A REAL ESTATE CONTRACT-INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED Official Actions January 10, 2006 Page 2 ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING, AND SETTING A PUBLIC HEARING FOR JANUARY 23,2006. Resolutions: RES. 06-3, ACCEPTING THE WORK FOR THE 2005 ASPHALT RESURFACING PROJECT; RES. 06-4, ACCEPTING THE WORK FOR THE SOUTH GRAND AVE AND MELROSE AVE PCC PAVEMENT REPLACEMENT PROJECT (STP-U-3715(627)-70--52). Correspondence: JCCOG Traffic Engineering Planner regarding installation of NO PARKING ANY TIME signs with ARROWS in front of 1421 Ridge Street; Snow Removal on City Streets and Sidewalks letters from Phoebe Ball, Terry Dunlap, Alex Sagers; Snow on City Bike Racks letters from Cody Gieselman, Steve Goetzelman, Mark Wyatt; House Parties letters from James Clayton, Jill Gaulding; Smoking Ban letter from Jaclyn Kaeding; Zoning letters from Nila Haug, Joe Murphy; Dennis Saeugling regarding Renewable Energy; Rod Sullivan regarding City Conference Board; Don Sanders(X2) regarding Jake Brakes [Staff response included]; Christopher Traynor regarding Housing Inspection Concern; Charlotte Walker regarding Senior Center Agenda [Staff response included]; Tom Smull regarding Cultural Advocacy Day Update; Rev. Courtney Ball regarding Mayor Invitation; Garry Klein regarding Athlete housing protest targets NCAA; Garry Klein(x2) regarding Homelessness funding/grants; Peter Jochimsen(X2) regarding Hunting; Todd Hodgkinson regarding Subsidizing local shops; Garry Klein regarding Congratulations to Mayor and Council Members. The Mayor declared the motion carried. Katie Roche, Summer of the Arts, appeared regarding her organizations and upcoming events. Moved and seconded to accept correspondence. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately 10.41 acres from Low Density Single-Family Residential Zone (RS-5) to Sensitive Areas Overlay/Low Density Single-Family Residential Zone (OSA/RS-5) for property located east of Highway 218 and south of Melrose Avenue. Moved and seconded that the ordinance rezoning approximately 10.41 acres from Low Density Single-Family Residential Zone (RS-5) to Sensitive Areas Overlay/Low Density Single- Family Residential Zone (OSA/RS-5) for property located east of Highway 218 and south of Melrose Avenue, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-5, APPROVING THE FINAL PLAT OF VILLAGE GREEN - PART XXIII, IOWA CITY, IOWA. Moved and seconded to adopt RES. 06-6, APPROVING THE FINAL PLAT OF VILLAGE GREEN - PART XXIV, IOWA CITY IOWA. Moved and seconded to adopt RES. 06-7, APPROVING THE PRELIMINARY PLAT OF LACY'S RUN ADDITION SUBDIVISION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 06-8, APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT ADDITION SUBDIVISION - PART FOUR, IOWA CITY, IOWA. 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 first consideration and vote be waived, and that the ordinance Official Actions January 10, 2006 Page 3 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 require a pedestrian walkway if a cafe extends into Zone 2 of the 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 second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance be given second vote for consideration at this time. The Mayor declared the motion carried. Moved and seconded to defer to January 17 a resolution rescinding resolution no. 97- 21 and adopting a fee schedule and deposit requirements for use of public right-of-way for sidewalk cafes. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-9, AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS AND LOCAL MATCHING FUNDS TO ASSIST PROCTER AND GAMBLE HAIR CARE LLC. Moved and seconded to accept correspondence from Susan Whaley. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-10, APPROVING THE APPLICATION OF PROCTER AND GAMBLE HAIR CARE LLC FOR THE PURPOSE OF RECEIVING BENEFITS UNDER THE STATE OF IOWA'S HIGH QUALITY JOB CREATION PROGRAM. Moved and seconded to adopt RES. 06-11, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Moved and seconded to adopt RES. 06-12, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH REGAL CONSTRUCTION SERVICES INC FOR THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM. Moved and seconded to adopt RES. 06-13, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET / SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET PROJECT. Moved and seconded to adopt RES. 06-14, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. Moved and seconded to adopt RES. 06-15, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2006 THROUGH JUNE 30, 2009. The Mayor noted the previously announced vacancies on boards and commissions: 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; Housing and Community Development Commission to fill an unexpired term ending Official Actions January 10, 2006 Page 4 September 1, 2006. Applications must be received by 5:00 p.m., Wednesday, January 18, 2006. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting at 7:35 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ross Wilburn, Mayor s/Marian K. K.arr, CiWer~ SUb~cation -1/18/06. G2~u~ 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 - 1/17/06 Iowa City City Council, special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded that ORD. 06-4195, 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 REQUIRE A PEDESTRIAN WALKWAY IF A CAFE EXTENDS INTO ZONE 2 OF THE 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 passed and adopted. Moved and seconded to adopt RES. 06-16, RESCINDING RESOLUTION NO. 97-21 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. Moved and seconded to adjourn special meeting at 6:03 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor ~ W~ , s/Marian K. Karr, City G.le)k ) ~~~R. ~ Su6niiftedfor publication - 1/19/06. 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 JANUARY 4, 2006 Iowa City City Council special meeting, 3:00 p.m. at City Hall. Council Members present: Bailey, Correia, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: none. Staff members present: Atkins, Helling, Dilkes, Karr, Nasby. Council minutes tape recorded on Tape 06-01, Side 1. Moved by Bailey, seconded by Champion, to appoint City Clerk Karr as Temporary Chairperson. The Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present. Temporary Chair Karr presiding. The Temporary Chair announced that nominations were in order for the office of the Mayor of the City of Iowa City. Moved by Bailey, seconded by Vanderhoef, to nominate Ross Wilburn. Moved by Elliott, seconded by Champion, to nominate Mike O'Donnell. Moved by Bailey, seconded by Vanderhoef, to close nominations. The Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present. The Temporary Chair stated voting would take place in order of nomination. After voice vote, the Temporary Chair declared the vote for Council Member Wilburn 6/1, with Elliott voting "nay"; and the vote for Council Member O'Donnell 1/6, with Elliott voting in the affirmative. The Temporary Chair declared Ross Wilburn as the new Mayor of Iowa City. Moved by Elliott, seconded by O'Donnell, that the vote be unanimous for Ross Wilburn. The Temporary Chair noted the motion. The Temporary Chair announced that nominations were in order for the office of Mayor Pro tem of the City of Iowa City. Moved by Wilburn, seconded by Correia, to nominate Regenia Bailey. Moved by Champion to nominate Dee Vanderhoef. The Temporary Chair declared the motion dead for lack of a second. Moved by Wilburn, seconded by O'Donnell, to close nominations. The Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Correia, that a unanimous vote be cast for Regenia Bailey as Mayor Pro tem. The Temporary Chair declared the motion carried unanimously, 7/0, all Council Members present. The City Clerk gave the oath of office to Mayor Wilburn and Mayor Pro tem Bailey. Mayor Wilburn presiding. Moved by Bailey, seconded by Elliott, to make the following Council Committee appointments: Johnson County Council of Governments (6+1 alternate) - Mayor Wilburn alternate; Iowa City/Coralville Visitors & Convention Bureau - Bailey; Student Senate Subcommittee - Elliott and Correia; Youth Advisory Board - Correia and alternate Bailey. The Mayor declared the motion carried unanimously, 7/0. Moved by O'Donnell, seconded by Champion, to appoint Bailey, Elliott, and Champion to the Economic Development Committee. The Mayor declared the motion carried unanimously, 7/0. Complete Description January 4, 2006 Page 2 Moved by Elliott, seconded by Bailey, to appoint Vanderhoef and Correia to the Rules Committee; and O'Donnell to the Emergency Management Commission. The Mayor declared the motion carried unanimously, 7/0. Council requested that discussion of Council Committee appointments relative to ECICOG, the Jail Task Force, and the Student Senate Subcommittee be scheduled for an upcoming work session. Staff will follow up. Council Member Elliott congratulated new Mayor Wilburn and Mayor Pro tem Bailey, and stated his desire to start moving ahead with confidence. Moved by Vanderhoef, seconded by O'Donnell, to adjourn, 3:20 p.m. The Mayor declared the motion carried unanimously, 7/0. Ross Wilburn, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JANUARY 10, 2006 Iowa City City Council, special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent None. Staff members present Atkins, Helling, Dilkes, Karr, Franklin, Nasby. Council minutes tape recorded on Tape 06-01, Side 2. The Mayor proclaimed Women's Right to Choose Day - January 22, 2006. Emma Goldman Director Karen Kubby accepted. The Richard W. "Dick" Lee Award was presented to Officer Robert Hartman and Officer Daniel Roth. Police Chief Hargadine and family representative Terry Lee Parker presented the award. Moved by Champion, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received, or approved: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: December 12, Special Council Formal Official and Complete; December 13, Special Council Formal Official and Complete; December 15, 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): Public Library - November 17, 2005; Police Citizens Review Board - October 11, 2005; Senior Center Commission - November 22,2005; Airport Commission - November 10, 2005; Parks and Recreation Commission - November 9, 2005; Board of Adjustment - October 12, 2005; Planning and Zoning Commission - December 1, 2005; Civil Service Commission - December 14, 2005. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Shirazaphone, Inc., dba Mclnnerney's Pub and Grill, 161 Hwy 1 W.; Outdoor Service Area for Shirazaphone, Inc., dba Mclnnerney's Pub and Grill, 161 Hwy 1 W.; Class C Beer Permit for Johncy's Convenience Store, Inc., dba Johncy's Convenience Store, 731 S Riverside Dr. Renewal: Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit, 10 S Clinton St.; Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave.; Outdoor Service Area for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave.; Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S Linn St.; Class C Liquor License for Iowa City Group, LLC, dba Piano Lounge, 217 Iowa Ave.; Class C Liquor License for Chin Restaurant, Inc., dba Aoeshe Restaurant, 624 S. Gilbert St.; Class C Beer Permit for Nordstrom Oil Company dba North Dodge HandiMart, 2545 N Dodge St.; RES. 06-1, TO ISSUE DANCING PERMIT to Summit Restaurant & Bar, Inc., dba Summit, 10 S Clinton St. Motions. Approve disbursements in the amount of $7,440,015.21 for the period of October 1 through October 31,2005, as recommended by the Finance Director subject to audit. Complete Description January 10, 2006 Page 2 Setting a Public Hearing. RES. 06-2, INTENT TO AMEND A REAL ESTATE CONTRACT-INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING, AND SETTING A PUBLIC HEARING FOR JANUARY 23,2006. Resolutions: RES. 06-3, ACCEPTING THE WORK FOR THE 2005 ASPHALT RESURFACING PROJECT; RES. 06-4, ACCEPTING THE WORK FOR THE SOUTH GRAND AVE AND MELROSE AVE PCC PAVEMENT REPLACEMENT PROJECT (STP-U-3715(627)-70--52). Correspondence: JCCOG Traffic Engineering Planner regarding installation of NO PARKING ANY TIME signs with ARROWS in front of 1421 Ridge Street; Snow Removal on City Streets and Sidewalks letters from Phoebe Ball, Terry Dunlap, Alex Sagers; Snow on City Bike Racks letters from Cody Gieselman, Steve Goetzelman, Mark Wyatt; House Parties letters from James Clayton, Jill Gaulding; Smoking Ban letter from Jaclyn Kaeding; Zoning letters from Nila Haug, Joe Murphy; Dennis Saeugling regarding Renewable Energy; Rod Sullivan regarding City Conference Board; Don Sanders(X2) regarding Jake Brakes [Staff response included]; Christopher Traynor regarding Housing Inspection Concern; Charlotte Walker regarding Senior Center Agenda [Staff response included]; Tom Smull regarding Cultural Advocacy Day Update; Rev. Courtney Ball regarding Mayor Invitation; Garry Klein regarding Athlete housing protest targets NCAA; Garry Klein(x2) regarding Homelessness funding/grants; Peter Jochimsen(X2) regarding Hunting; Todd Hodgkinson regarding Subsidizing local shops; Garry Klein regarding Congratulations to Mayor and Council Members. The Mayor repeated the public hearing as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Katie Roche, Summer of the Arts, appeared regarding her organizations and upcoming events. Moved by Bailey, seconded by Vanderhoef, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning approximately 10.41 acres from Low Density Single-Family Residential Zone (RS-5) to Sensitive Areas Overlay/Low Density Single-Family Residential Zone (OSAlRS-5) for property located east of Highway 218 and south of Melrose Avenue (Galway Hills, Part Four). No one appeared. Moved by Bailey, seconded by Vanderhoef, that the ordinance rezoning approximately 10.41 acres from Low Density Single-Family Residential Zone (RS-5) to Sensitive Areas Overlay/Low Density Single-Family Residential Zone (OSAlRS-5) for property located east of Highway 218 and south of Melrose Avenue (Galway Hills, Part Four), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Correia, to adopt RES. 06-5, APPROVING THE FINAL PLAT OF VILLAGE GREEN - PART XXIII, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-6, APPROVING THE FINAL PLAT OF VILLAGE GREEN - PART XXIV, IOWA CITY IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description January 10, 2006 Page 3 Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-7, APPROVING THE PRELIMINARY PLAT OF LACY'S RUN ADDITION SUBDIVISION, 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 Correia, to adopt RES. 06-8, APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT ADDITION SUBDIVISION - PART FOUR, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, 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 first consideration and vote be waived, and 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 require a pedestrian walkway if a cafe extends into Zone 2 of the 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, that the ordinance be given second vote for consideration at this time. Council agreed to a special formal meeting prior to their budget session on January 17 for final consideration of the ordinance. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Bailey, to defer to January 17 a resolution rescinding resolution no. 97-21 and adopting a fee schedule and deposit requirements for use of public right-of-way for sidewalk cafes. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to adopt RES. 06-9, AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS AND LOCAL MATCHING FUNDS TO ASSIST PROCTER AND GAMBLE HAIR CARE LLC. Individual Council Members expressed their views. Economic Development Coordinator Nasby present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, to accept correspondence from Susan Whaley. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-10, APPROVING THE APPLICATION OF PROCTER AND GAMBLE HAIR CARE LLC FOR THE PURPOSE OF RECEIVING BENEFITS UNDER THE STATE OF IOWA'S HIGH QUALITY JOB CREATION PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Bailey, to adopt RES. 06-11, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Individual Council Members expressed their views. Complete Description January 10, 2006 Page 4 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 06-12, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH REGAL CONSTRUCTION SERVICES INC FOR THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM to Regal Construction Services Inc. for $267,280.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-13, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET / SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET PROJECT. 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 Vanderhoef, seconded by Champion, to adopt RES. 06-14, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 06-15, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2006 THROUGH JUNE 30, 2009. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies on boards and commissions: 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; Housing and Community Development Commission to fill an unexpired term ending September 1, 2006. Applications must be received by 5:00 p.m., Wednesday, January 18, 2006. [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 welcomed new Council Member Amy Correia. Council Member Champion acknowledged the efforts of Council Member Vanderhoef on state and national policy making positions. Council Member Vanderhoef presented an overview of her new position as Vice Chair for the National League of Cities Transportation and Infrastructure and Services committee. Council Member Correia thanked everyone for welcoming her to the Council, Mayor Wilburn welcomed new Member Correia; thanked Council for allowing him the opportunity to serve as Mayor; reported on a interfaith and community meeting he attended .__._________._~____ ____.._.u_________._.____._.."~_.______.____._._'___._-.--.--.----~~.-..- Complete Description January 10, 2006 Page 5 on homeless ness, and stated the next meeting would be January 31 at 6:30 PM at St. Patrick's Parish Hall, 435 S. Linn; welcomed Jacob Shultz, from troop 218, who was working on his citizenship badge. Moved by Vanderhoef, seconded by Bailey, to adjourn meeting at 7:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JANUARY 17, 2006 Iowa City City Council, special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, O'Malley, Mansfield. Council minutes tape recorded on Tape 06-03, Side 2; Tape 06-05, Both Sides. Moved by Bailey, seconded by Champion, that ORD. 06-4195, 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 REQUIRE A PEDESTRIAN WALKWAY IF A CAFE EXTENDS INTO ZONE 2 OF THE 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Correia, to adopt RES. 06-16, RESCINDING RESOLUTION NO. 97-21 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Elliott, to adjourn special meeting at 6:03 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk