Loading...
HomeMy WebLinkAbout2006-04-18 Council minutes r:;; 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 APRIL 18, 2006 Iowa City City Council regular 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'Brien, Franklin, Shaffer, and Okerlund. Council minutes tape recorded on Tape 06-39, Both Sides. The Mayor and City Manager gave an update on Storm related matters, and acknowledged the patience and assistance of the community. The Mayor proclaimed National Medical Laboratory Week - April 23-29, 2006, Bonnie Rubin, University Hygiene Lab accepting; National Volunteer Week - April 23-29, 2006, Danielle Malatek accepting; National Youth Service Days - April 21-23, 2006, Youth Advisory Commission accepting; Iowa City Community Theatre Week - April 24-30, Nelson Gurll, MD accepting. The Mayor present Outstanding Student Citizenship Awards to Grant Wood Elementary student Tom Panther; Helen Lemme Elementary students: Lindsey Conley, Kristen Figueroa, Lindsey Harney. 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: April 4, Special Council Work Session; April 4, 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): Planning and Zoning Commission - March 2, 2006; Public Art Advisory Committee - March 2, 2006; Public Library - February 23, 2006; Youth Advisory Commission - March 23, 2006; Telecommunications Commission - February 27,2006. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Daverse II, Inc., dba College Street Billiard Club, 114-116 E. College SI.; Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncie Pizza Cafe, 2208 N. Dodge SI.; Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge SI.; Class A Liquor License for Iowa City Lodge NO.1 096 Loyal Order of Moose dba Loyal Order of Moose Lodge NO.1 096, 3151 Hwy. 6 E.; Class E Liquor License for Liquor House, Ltd., dba Liquor House, 326 S. Clinton SI.; RES. 06-113, TO ISSUE DANCE PERMIT to Iowa City Lodge No.1 096 Loyal Order of Moose dba Loyal Order of Moose Lodge No.1096, 3151 Hwy. 6 E. Setting a Public Hearing: Set a public hearing for May 2, 2006 regarding Iowa City's FY07 Annual Action Plan, that is a sub-part of Iowa City's 2006-2010 Consolidated Plan (a.k.a. City Steps); RES. 06-114, SETTING A PUBLIC HEARING ON MAY 2,2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ..._~.._--_. ,."._-------~_._-------------~-- Complete Description April 18, 2006 Page 2 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2006 ASPHALT RESURFACING 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. 06-115, SETTING A PUBLIC HEARING ON MAY 2,2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE ROUNDABOUT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 06-116, NAMING DEPOSITORIES; RES. 06-117, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE SUMMIT RESTAURANT AND BAR, INC.; RES. 06-118, FIXING DATE OF MAY 2,2006 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 06-119, FIXING DATE OF MAY 2,2006 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $535,000 GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 06-120, FIXING DATE OF MAY 2, 2006 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Correspondence: Acting JCCOG Traffic Engineering Planner regarding Installation of one bus stop sign on Highland Avenue; Patrick Muller regarding Traffic concern on Burlington/Grand; Maryann Dennis regarding Property tax; Swen Larson regarding Proposed Stormwater Ordinance; John Moreland regarding Mediacom Service; Jim Tucker regarding Tons of Trucks; Krista Frandsen regarding Mailing address issue; Devin VanDyke regarding Police log on the internet [Staff response included]; Sorority House safety concerns letters from Sarah Hagle, Tara Layman; Andrew Lambert regarding Property tax increase; Snow removal letters from Brittany Duggan, Devin Doheny-Skubic; Seth Crouch regarding Bicycles on road ways; Homelessness letters from Christine Hanson, Rhys Heinrich, Trisha Smart; Smoking issue letters from Lindsay Hart, Jamie Heefner, Alex Mortensen, Emily Naibert, Mackenzie Patrick, BJ Wagner, Daniel Woodka; Alcohol letters from Mike Boychuck, Marty Foley, Emily Herbek, Trevor Holland, Bill Kluber, Kathryn Nelson, Marty Schumacher, Erik Vitols; Recycling letters from Molly Harris, Kara Koestner; Parking letter from Adam McGinnis; Greg Odendall regarding Concern on parking rate increase and alcohol issue; Elizabeth Nemanich regarding AUR Rental Company concern; Apartment rent increases letters from Bobby Godbersen, Ryan Snell; Michael Holladay regarding Hybrid Cars Incentive; West Side Bus Service letters from Marygrace Elson, Theresa Weeks [Staff response included]; Storm Issue letters from Dave Franker, Jon Crews, Jim Fausett; David Beerman regarding Holocaust Memorial Day Vigil; Night Bus Shuttle letter signed by 42 Transit Employees. Complete Description April 18, 2006 Page 3 Affirmative roll call vote unanimous, 7/0, all Council Members present. Council Member Correia noted the public hearings on the Annual Action Plan for City Steps and the Grand Avenue Roundabout project. The Mayor declared the motion carried. Jeff Braverman, 21 West Park Rd., and Dr. Ann Connors appeared regarding traffic concerns surrounding the Lexington Avenue Gate. The Mayor stated staff would be contacting the University regarding future plans for development of the area and another traffic study is planned for the area in the fall. Council Member Vanderhoef encouraged citizens to explore construction of sidewalks in the area during this construction season. Mayor Pro tem Bailey noted that surrounding streets are eligible for City traffic calming measures and the neighbors may wish to explore that as well. Dr. Ann Connors also appeared regarding preservation of the historic areas severely damaged by the storm, and asked for City guidance to restore and preserve the areas. Airport Commission Chair Randy Hartwig, updated Council on damage at the Airport and the quick response by Jet Air employee John Toomer; and noted appreciation as a citizen and business owner for all the assistance received after the storm that allowed them to open on Monday. Moved by Champion, seconded by Bailey, to set public hearing for May 2 on an ordinance vacating the alley located north of Benton Street between Clinton Street and Dubuque Street (Johnson County). Council Member Correia stated she would be abstaining due to a conflict of interest. The Mayor declared the motion carried unanimously, 6/0/1, Correia abstaining. A public hearing was held on an ordinance conditionally rezoning approximately 1.51 acres of property located on Kountry Lane SE East of Sycamore Street from Interim Development-Multi-Family (ID-RM) to Low Density Multi-Family Residential Zone (RM-12). (REZ06-00003). No one appeared. Moved by Champion, seconded by Vanderhoef, that the ordinance conditionally rezoning approximately 1.51 acres of property located on Kountry Lane SE East of Sycamore Street from Interim Development-Multi-Family (ID-RM) to Low Density Multi-Family Residential Zone (RM-12). (REZ06-00003), 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 Elliott, 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. 06-4203 REZONING APPROXIMATELY ONE (1) ACRE FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) TO PLANNED DEVELOPMENT OVERLAY ZONE (OPD-5) WITH A SENSITIVE AREAS DEVELOPMENT PLAN, FOR THE PROPERTY LOCATED ON DUBUQUE ROAD AND NORTH DODGE STREET (REZ06- 00004), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Sarah Swartzendruber. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, that the ordinance rezoning a 1.80 acre property located at 1803/1835 Boyrum Street from Intensive Commercial (CI-1) to Complete Description April 18, 2006 Page 4 Community Commercial (CC-2) (Hy-Vee), 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 O'Donnell, that ORD. 06-4204, AMENDING A CONDITIONAL ZONING AGREEMENT TO REMOVE THE REQUIREMENT FOR A 30 FOOT LANDSCAPE SETBACK FROM HIGHWAY 1 FOR A .63 ACRE PROPERTY LOCATED AT 809-817 HIGHWAY 1 WEST (Autohaus), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, 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. 06-4205 AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING (OPD-12) PLAN FOR SILVERCREST PART 3 ON 12.17 ACRES LOCATED AT AMERICAN LEGION ROAD AND SCOTT BOULEVARD (REZ05-00026/SUB05-00019), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Correia, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Darrell Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, to adopt RES. 06-121, APPROVING THE PRELIMINARY PLAT OF SILVERCREST, RESIDENTIAL PART 3, IOWA CITY, IOWA. (SUB05-00019). 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. 06-122, APPROVING THE PRELIMINARY AND FINAL PLAT OF SCHNOEBELEN SUBDIVISION, IOWA CITY, IOWA. (SUB06-00004). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 06-4206, AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3-4-4, ENTITLED "WASTEWATER TREATMENT WORKS USER CHARGES," OF THE CITY CODE TO INCREASE OR CHANGE WASTEWATER USER CHARGES AND FEES IN IOWA CITY, IOWA, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Elliott, seconded by O'Donnell, 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. 06-4207, AMENDING TITLE 3 "CITY FINANCES, TAXATION & FEES," ._-----~-----.._-- .--.-.-- ~- -_.__.._---~.~-_._-_...~_.,,-,---_..._._."._-"._~ Complete Description April 18, 2006 Page 5 CHAPTER 4 "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3-4-3 ENTITLED "POTABLE WATER USE AND SERVICE" OF THE CITY CODE TO DECREASE OR CHANGE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA, be voted on for final passage at this time. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. Moved by Elliott, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, 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. 06-4208, AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3-4-5 ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the ordinance adopted. Moved by Correia, seconded by Champion, that ORD. 06-4209, AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS" CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW SECTION 8, ENTITLED "ENGINE BRAKING" TO PROHIBIT THE USE OF ENGINE BRAKING EXCEPT IN AN EMERGENCY SITUATION, be passed and adopted. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Vanderhoef, that RES. 06-123, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE 2006 PARKING GARAGE REPAIR AND PREVENTATIVE MAINTENANCE PROJECT to RAM Building Restoration and Waterproofing for $658,000.00. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Correia, to adopt RES. 06-124, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA HIGHWAY 1/US HIGHWAY 218 RAMP SIGNALIZATION & IOWA HIGHWAY 1/KITTY LEE ROAD RIGHT TURN LANE PROJECT to Streb Construction Co., Inc. for $419,361.65. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-125, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2006 ELLIS AVENUE, MCLEAN STREET, AND MOSS STREET WATER IMPROVEMENTS PROJECT to Yordi Excavating for $173,730.00. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 06-126, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ".-.,.-." ~-"-------~---~_._----~ ------.----------.----..---...------------..,..-------.'----,"- Complete Description April 18, 2006 Page 6 ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2006 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT to Hansen Asphalt for $155,593.50. 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. 06-127, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor announced the current vacancy: Housing and Community Development Commission to fill an unexpired term ending September 1, 2007. Applications must be received by 5:00 p.m., Wednesday, June 7, 2006. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Lori Bears. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Elliott, to appoint Esther Baker, 1022 E. College Street, to the Historic Preservation Commission for a East College Street representative to fill a three-year term March 29, 2006 - March 29, 2009. The Mayor declared the motion carried, 7/0, all Council Members present. The Mayor noted the 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; Historic Preservation Commission - Two appointments (1) Woodlawn, (1) College Green, to fill three-year terms March 29, 2006 - March 29, 2009; Housing and Community Development Commission to fill an unexpired term plus a three-year term ending September 1, 2009. [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 reported that Mayor Pro tem Bailey and himself viewed storm damage early April 14, and complimented the patience of commuters that morning, neighbors who helped out, Channel 18 and Brad Man, and Steve Soboroff and KCJJ for providing valuable information. Mayor Pro tem Bailey echoed comments of Council Member Elliott and also acknowledged Pubic Access TV and KCJJ coverage of the storm. Council Member Vanderhoef commended the women of Alpha Chi Omega sorority for how they handled themselves when the storm did major damage to their house; and to the University of Iowa Student Senate and fraternity members who helped relocate the women and their belongings. Council Member O'Donnell also acknowledged the efforts of Brad Man and KCJJ for their efforts, and stated his pride in residents. Council Member Champion thanked everyone for helping each other and making sure the City moved forward. Council Member Correia reiterated everything said and acknowledged staff who went beyond the call of duty; and thanked outgoing HCDC member Lori Bears for her service to the Commission; and reminded citizens that the University of Iowa Credit Union is matching donations to the United Way Disaster Relief fund, matching dollar for dollar up to $2,500. Complete Description April 18, 2006 Page 7 Mayor Wilburn gave kudos to city staff, all departments and all levels; Johnson County staff and the many volunteers who showed up to help. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 8:10 p.m. The Meyo, dedernd the moUo" ~,h'" "","'mo",'y, 710, ~t CL Ross Wilburn, Mayor /f1~-k~ MariK. Karr, City Clerk j ~ I --= -4 ~~Wit:tt -.;:..... ...IID.' ...,..~ CITY OF IOWA CITY em: MEMORANDUM Date: April 4, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 4, 2006, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Correia, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Schreiber Staff: Atkins, Helling, Dilkes, Karr, Morris, Hightshoe, Franklin Tapes: 06-33, Both Sides (A complete transcription is available in the City Clerk's Office) . Aaenda Items 1. (Agenda item # 11 - approving plans and specifications... Robert A. Lee Recreational Center Exterior Glazing and Panel Replacement Project) Public Works Architectural staff member Morris present for discussion on the project. (Continued later in the meeting) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING (OPD-12) PLAN FOR SILVERCREST PART 3 ON 12.17 ACRES LOCATED AT AMERICAN LEGION ROAD AND SCOTT BOULEVARD. (REZ05-00026/SUB05-00019) B. CONDITIONALLY REZONING APPROXIMATELY 1.51 ACRES OF PROPERTY LOCATED ON KOUNTRY LANE SE EAST OF SYCAMORE STREET FROM INTERIM DEVELOPMENT-MULTI-FAMILY (ID-RM) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL ZONE (RM-12). (REZ06-00003) In response to Correia, a majority agreed to discuss the possibility of asking rents and/or acceptance of Section 8 housing vouchers as part of rezoning or other land use issues at the upcoming work session dealing with housing issues. C. REZONING APPROXIMATELY ONE (1) ACRE FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) TO PLANNED DEVELOPMENT OVERLAY ZONE (OPD-5) WITH A SENSITIVE AREAS DEVELOPMENT PLAN, FOR THE PROPERTY LOCATED ON DUBUQUE ROAD AND NORTH DODGE STREET (REZ06-00004) Council Work Session April 4, 2006 Page 2 D. REZONING A 1.80 ACRE PROPERTY LOCATED AT 1803/1835 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC- 2). (REZ06-00005) E. AMENDING A CONDITIONAL ZONING AGREEMENT TO REMOVE THE REQUIREMENT FOR A 30 FOOT LANDSCAPE SETBACK FROM HIGHWAY 1 FOR A .63 ACRE PROPERTY LOCATED AT 809-817 HIGHWAY 1 WEST. (SECOND CONSIDERATION) UNITED NATURAL FOODS AMENDED AGREEMENT (Agenda Item # 16) Community Development Planner Hightshoe provided background on the agreement. A majority agreed to proceed. COMMUNITY EVENTS FUNDING (Agenda item # 23 Majority of Council agreed to have the City Manager coordinate City staff to provide the Downtown Holiday Lights. Mayor Pro tem Bailey will follow up with CVB regarding getting a report on the $17,000 allocated to the Sports Authority STAFF ACTION: Prepare memo to confirm strategy and timeline. (Atkins) AGENDA ITEMS (continued) 2. (Agenda Item # 17 - resolution establishing a fee for construction site runoff (CSR) permits) In response to questions, the City Manager stated the fees for other communities should be the same, and indicated the imposing the fee for more than three visits would be rare. 3. (Agenda items # 18 - amending budgeted positions ... Housing and Inspection Services ... adding one half time development regulations specialist; # 19 - amending budgeted positions... Public Works Department... adding one full time civil engineer position and one full time senior engineer...; # 20 - amending the budgeted positions... Planning & Community Development.... adding one economic development position) In response to questions, the City Manager reported the one half time development specialist position was new and was expected to be fully funded from the CSR permits, explained the difference between a civil engineer and a senior engineer, and half of the economic development position was already funded and the other half would be funded with the water, sewer and airport funds. 4. (Agenda item # 9 - amending Title 3 ... of the City Code to increase... certain solid waster charges) In response to Elliott, the City Manager stated the main reason for the increase was the spike in fuel costs. 5. (Agenda item # 8 - amending Title 3 ... to decrease... water service charges) The City Manager stated the City have reduced the rates 10% in the last three years. Council Work Session April 4, 2006 Page 3 6. (Agenda item # 21 - resolution approving... engineering consultant services... Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project) In response to Correia, the City Manager stated the $195,000 was the complete packet, and the language concerning supplies standard. 7. (Consent Calendar item # 4g(2) - Nancy Ostrognai letter - bus purchase Johnson County Coalition for Persons With Disabilities) Council Member Vanderhoef requested that companion transit passes be scheduled for an upcoming work session. COUNCIL TIME 1. Mayor Pro tem Bailey requested that Council add a discussion of the Lexington Avenue gate to an upcoming work session. 2. UISG Rep. Schreiber reported that UISG alternate rep to Council, Austin Baeth, broke his ankle. 3. Council Member Vanderhoef reported that ECICOG was trying to get more information on the waste transfer system that has been approve din Linn County because it might impact Iowa City's refuse center. 4. Council Member O'Donnell stated the road from 380 to the landfill was trashy and needed attention. Staff will follow up. 5. (Consent Calendar # 4g(6) - Marvin and Nancy Boldt... parking ticket) Council Member Champion asked if a response had been sent along with a refund. The City Manager stated staff was following up. Council Member Correia suggested charging for parking in City parks during football season. 6. Council Member Champion distributed copies of an article in the Chicago Tribune regarding the problems in Cairo, Illinois. 7. Council Member Correia requested that the Council talked further about her suggestion of charging for parking in City parks during football season. A majority agreed to schedule the matter at an upcoming meeting. 8. Council Member Correia reported on the two meetings held by the newly formed Youth Advisory Commission (YAC). and stated they would be accepting a proclamation and introducing themselves to Council on April 18. An informal reception is being planned for 15 minutes prior to the formal meeting and encouraged Council Members to come at 6:45 and meet then individually. The Mayor suggested the Commission attend the Youth Human Right awards on May 9. 9. (IP13 of March 30 Information Packet) UISG Rep. Schreiber noted the information provided on the late night bus service (shuttle) and asked if there was a need for more information. Majority agreed to include as part of information for the April 18 publiC meeting on proposed transit changes, and scheduled for Council discussion in June for possible implementation by Fall. Council Work Session April 4, 2006 Page 4 SCHEDULE OF PENDING DISCUSSION ITEMS 1. Council Member Vanderhoef requested that a discussion be scheduled at an upcoming work session on how public service funding interfaces with the Aid to Agency dollars. Majority agree to add the item. 2. Council Member Correia reported that she and the City Manager will have information in the next packet for discussion of the housing issue to be scheduled at the April 17 work session. Meeting adjourned 6:45 P.M. 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 - 4/4/06 Iowa City City Council, regular 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 proclaimed Fair Housing Month - April 2006, State HUD Director Bruce Ray, accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Tanner Hayslett and Ida Sisourath. Student Tom Panther was ill and will be accepting the award at a later meeting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: March 20, Regular Council Work Session; March 21, Regular Council Formal Official and Complete; March 22, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission - February 8,2006; Senior Center Commission - February 21, 2006; Planning and Zoning Commission - February 16, 2006; Civil Service Commission - March 22, 2006; Historic Preservation Commission - February 9. 2006; Historic Preservation Commission - February 22, 2006; Police Citizens Review Board - February 14, 2006; Housing and Community Development Commission - February 16, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Deadwood, 6 S. Dubuque St. Outdoor Service Area for Deadwood, 6 S. Dubuque St.; Special Class C Liquor License for Panchero's Mexican Grill, 965 S. Riverside Dr.; Special Class C Liquor License for Panchero's Mexican Grill, 32 S. Clinton St.; Special Class C Liquor License for Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.; Class B Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. Class C Liquor License for First Avenue Club 1550 S. First Avenue; RES. 06-95, TO ISSUE DANCING PERMIT for First Avenue Club 1550 S. First Avenue. . Motions: Approve disbursements in the amount of $6,678,143.95 for the period of February 1 through February 28, 2006, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 06-96, SETTING A PUBLIC HEARING ON APRIL 18, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE ROUNDABOUT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF Official Actions April 4, 2006 Page 2 SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 06-97, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2774 IRVING AVENUE, IOWA CITY, IOWA. RES. 06-98, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2774 IRVING AVENUE, IOWA CITY, IOWA; RES. 06-99, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT MIKE AND MARTY ENTERPRISES, INC. D/B/A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE; RES. 06-100, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE, A PROMISSORY NOTE AND A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 1900 ROCHESTER COURT, IOWA CITY, IOWA; RES. 06-101, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFFILIATED FINANCIAL GROUP, INC., GREENWOOD VILLAGE, COLORADO FOR PROPERTY LOCATED AT 1911 H STREET, IOWA CITY, IOWA; RES. 06-102, APPROVING THE DESIGN OF THE EXTERIOR WINDOWS AND NEW ENTRANCE CANOPY AND DOORS AT OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE sign on the east side of the 10 block of N. Johnson Street; Nancy Ostrognai regarding Bus purchase for Johnson County Coalition for Persons with Disabilities; James Surratt regarding Construction and Street Closures; Robert Tye regarding Water Fluoridation; Christopher Jones regarding Council member salaries [Staff response included]; Marvin and Nancy Boldt regarding Parking ticket concern; Charlotte Walker regarding Senior Center Commission minutes; Letters from Anne Hesse and Janet Maas regarding Project GREEN's commitment to the public green spaces in Iowa City; Garry Klein regarding Aid to Agency hearing; Suzanne White regarding Book by Ellie Simmons [Staff response included]. . The Mayor declared the motion carried. Jerry Full, 4642 Oak Crest Hill Rd, appeared regarding a new hog confinement set up being constructed in the area. Senior Center Commissioner Sarah Maiers updated Council on activities at the Center. Anne Hesse, President of Project GREEN, presented her annual report. John Kirby, Cedar Falls, appeared regarding his house burning. A public hearing was held on an ordinance amending the zoning ordinance by amending the Planned Development Housing (OPD-12) plan for Silvercrest Part 3 on 12.17 acres located at American Legion Road and Scott Boulevard. Larry Machesney, representing the Dial Corporation, appeared. Moved and seconded that the ordinance amending the zoning ordinance by amending the Planned Development Housing (OPD-12) plan for Silvercrest Part 3 on 12.17 acres Official Actions April 4, 2006 Page 3 located at American Legion Road and Scott Boulevard, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally rezoning approximately 1.51 acres of property located on Kountry Lane SE east of Sycamore Street from Interim Development-Multi-Family (ID-RM) to Low Density Multi-Family Residential Zone (RM-12) (REZ06-00003). Steve Gordon, representing Sycamore Apartments, appeared. Moved and seconded to continue the public hearing to 4/18 to allow for signing of the conditional zoning agreement. The Mayor declared the motion carried. Moved and seconded to defer to April 18 first vote on ordinance conditionally rezoning approximately 1.51 acres of property located on Kountry Lane SE east of Sycamore Street from Interim Development-Multi-Family (ID-RM) to Low Density Multi-Family Residential Zone (RM-12) (REZ06-00003). The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately one (1) acre from Low Density Single-Family Residential Zone (RS-5) to Planned Development Overlay Zone (OPD-5) with a Sensitive Areas Development Plan, for the property located on Dubuque Road and North Dodge Street. Moved and seconded that the ordinance rezoning approximately one (1) acre from Low Density Single-Family Residential Zone (RS-5) to Planned Development Overlay Zone (OPD- 5) with a Sensitive Areas Development Plan, for the property located on Dubuque Road and North Dodge Street (REZ06-00004), be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning a 1.80 acre property located at 1803/1835 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC- 2). John Brehm, representing Hy-Vee, appeared. Moved and seconded that the ordinance rezoning a 1.80 acre property located at 1803/1835 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC- 2), be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending a conditional zoning agreement to remove the requirement for a 30 foot landscape setback from Highway 1 for a .63 acre property located at 809-817 Highway 1 West, (REZ06-00002), be given second vote. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and penalties," Section 3-4-4, entitled "Wastewater Treatment Works User Charges," of the City Code to increase or change wastewater user charges and fees in Iowa City, Iowa. Moved and seconded that the ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and penalties," Section 3-4-4, entitled "Wastewater Treatment Works User Charges," of the City Code to increase or change wastewater user charges and fees in Iowa City, Iowa, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to decrease or change Water Service Charges and Fees in Iowa City, Iowa. Official Actions April 4, 2006 Page 4 Moved and seconded that the ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to decrease or change Water Service Charges and Fees in Iowa City, Iowa, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-5 entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges. Moved and seconded that the ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-5 entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges, be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the Permanent Pavement Marking Project 2006 establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 06-103, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE PERMANENT PAVEMENT MARKING PROJECT 2006 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Robert A. Lee Recreation Center Exterior Glazing and Panel Replacement project establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 06-104, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER EXTERIOR GLAZING AND PANEL REPLACEMENT PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," by adding a new Section 8, entitled "Engine Braking" to prohibit the use of engine braking except in an emergency situation, be given second vote. 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. 06- 4200, TO ADOPT THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 2006, AKA "CITY CODE," 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. Official Actions April 4, 2006 Page 5 Moved and seconded that ORD. 06-4201, AMENDING TITLE 12 OF THE CITY CODE, ENTITLED "FRANCHISES," CHAPTER 4, ENTITLED "CABLE TELEVISION," SECTION 13, ENTITLED "FRANCHISE PAYMENTS" TO ALLOW FOR ADDITIONAL USES OF THE ANNUAL FRANCHISE PAYMENT, be passed and adopted. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 06- 4202, AMENDING TITLE 14, ENTITLED UNIFIED DEVELOPMENT CODE, CHAPTER 5, "BUILDING AND HOUSING", ARTICLE 1 GRADING ORDINANCE, TO CREATE A CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE, 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. 06-105, AUTHORIZING THE MAYOR TO SIGN AND .THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND UNITED NATURAL FOODS, INC. Moved and seconded to adopt RES. 06-106, ESTABLISHING A FEE FOR CONSTRUCTION SITE RUNOFF (CSR) PERMITS. Moved and seconded to adopt RES. 06-107, AMENDING THE BUDGETED POSITIONS IN THE HOUSING INSPECTION DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY ADDING ONE HALF-TIME DEVELOPMENT REGULATIONS SPECIALIST POSITION. Moved and seconded to adopt RES. 06-108, AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE STORMWATER MANAGEMENT FUND BY DELETING ONE FULL-TIME SENIOR ENGINEER POSITION AND ADDING ONE FULL-TIME CIVIL ENGINEER POSITION TO THE ENGINEERING DIVISION AND ADDING ONE FULL-TIME SENIOR ENGINEER POSITION TO THE STORMWATER MANAGEMENT FUND. Moved and seconded to adopt RES. 06-109, AMENDING THE BUDGETED POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN BY ADDING ONE ECONOMIC DEVELOPMENT COORDINATOR POSITION. Moved and seconded to adopt RES. 06-110, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ENGINEERING ALLIANCE, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LOWER WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 06-111, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTIONS 5307, 5309, AND 5310 OF CHAPTER 49, US CODE OF FEDERAL REGULATIONS, FOR FY2006 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. Official Actions April 4, 2006 Page 6 Moved and seconded to adopt RES. 06-112, ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2007. The Mayor noted the previously vacancies on Boards and Commissions: 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; Historic Preservation Commission for Three vacancies (1) Woodlawn, (1) East College St, (1) College Green, to fill three-year terms March 29, 2006 - March 29, 2009; Housing and Community Development Commission to fill an unexpired term plus a three-year term ending September . 1, 2009. Applications must be received by 5:00 p.m., Wednesday, April 12, 2006. Moved and seconded to adjourn meeting at 8:05 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. Karr, City per~ ) 11L~~ 7t". 7('avtJ Submitted for publication - 4/12/06. ~u~~ 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 APRIL 4, 2006 Iowa City City Council, regular 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, Long, Knoche, Lewis, Boelk. Council minutes tape recorded on Tape 06-34, Both Sides. The Mayor proclaimed Fair Housing Month - April 2006, State HUD Director Bruce Ray, accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Tanner Hayslett and Ida Sisourath. Student Tom Panther was ill and will be accepting the award at a later meeting. Moved by Champion, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: March 20, Regular Council Work Session; March 21, Regular Council Formal Official and Complete; March 22, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission - February 8,2006; Senior Center Commission - February 21, 2006; Planning and Zoning Commission - February 16, 2006; Civil Service Commission - March 22, 2006; Historic Preservation Commission - February 9, 2006; Historic Preservation Commission - February 22, 2006; Police Citizens Review Board - February 14, 2006; Housing and Community Development Commission - February 16, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Special Class C Liquor License for FreshMex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.; Special Class C Liquor License for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St. Special Class C Liquor License for Oyama Sushi, Inc., dba Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.; Class B Beer Permit for M & T Investments, Inc., dba Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St.; Class C Liquor License for First Avenue Club, Inc., dba First Avenue Club 1550 S. First Avenue; RES. 06-95, TO ISSUE DANCING PERMIT for First Avenue Club, Inc., dba First Avenue Club 1550 S. First Avenue. Motions: Approve disbursements in the amount of $6,678,143.95 for the period of February 1 through February 28, 2006, as recommended by the Finance Director subject to audit. Complete Description April 4, 2006 Page 2 Setting a Public Hearing: RES. 06-96, SETTING A PUBLIC HEARING ON APRIL 18, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE ROUNDABOUT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 06-97, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2774 IRVING AVENUE, IOWA CITY, IOWA. RES. 06-98, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2774 IRVING AVENUE, IOWA CITY, IOWA; RES. 06-99, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT MIKE AND MARTY ENTERPRISES, INC. D/B/A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE; RES. 06-100, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE, A PROMISSORY NOTE AND A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 1900 ROCHESTER COURT, IOWA CITY, IOWA; RES. 06-101, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFFILIATED FINANCIAL GROUP, INC., GREENWOOD VILLAGE, COLORADO FOR PROPERTY LOCATED AT 1911 H STREET, IOWA CITY, IOWA; RES. 06-102, APPROVING THE DESIGN OF THE EXTERIOR WINDOWS AND NEW ENTRANCE CANOPY AND DOORS AT OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE sign on the east side of the 10 block of N. Johnson Street; Nancy Ostrognai regarding Bus purchase for Johnson County Coalition for Persons with Disabilities; James Surratt regarding Construction and Street Closures; Robert Tye regarding Water Fluoridation; Christopher Jones regarding Council member salaries [Staff response included]; Marvin and Nancy Boldt regarding Parking ticket concern; Charlotte Walker regarding Senior Center Commission minutes; Letters from Anne Hesse and Janet Maas regarding Project GREEN's commitment to the public green spaces in Iowa City; Garry Klein regarding Aid to Agency hearing; Suzanne White regarding Book by Ellie Simmons [Staff response included]. Mayor Pro tem Bailey acknowledged the effort of Project GREEN in beautification of City entryways. Mayor Wilburn repeated the public hearing as set for the Grand Avenue roundabout project. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jerry Full, 4642 Oak Crest Hill Rd, appeared regarding a new hog confinement set up being constructed in the area. Senior Center Commissioner Sarah Maiers updated Council on activities at the Center. Anne Hesse, President of Project GREEN, presented her annual report. John Kirby, Cedar Falls, appeared regarding his house burning. ,._----_.~---~-_..,--_._._----_.._- Complete Description April 4, 2006 Page 3 A public hearing was held on an ordinance amending the zoning ordinance by amending the Planned Development Housing (OPD-12) plan for Silvercrest Part 3 on 12.17 acres located at American Legion Road and Scott Boulevard. Larry Machesney, representing the Dial Corporation, appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending the zoning ordinance by amending the Planned Development Housing (OPD-12) plan for Silvercrest Part 3 on 12.17 acres located at American Legion Road and Scott Boulevard, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally rezoning approximately 1.51 acres of property located on Kountry Lane SE east of Sycamore Street from Interim Development-Multi-Family (ID-RM) to Low Density Multi-Family Residential Zone (RM-12) (REZ06-00003). Steve Gordon, representing Sycamore Apartments, appeared. Moved by O'Donnell, seconded by Elliott, to continue the public hearing to 4/18 to allow for signing of the conditional zoning agreement. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to defer to April 18 first vote on ordinance conditionally rezoning approximately 1.51 acres of property located on Kountry Lane SE east of Sycamore Street from Interim Development-Multi-Family (ID-RM) to Low Density Multi- Family Residential Zone (RM-12) (REZ06-00003). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning approximately one (1) acre from Low Density Single-Family Residential Zone (RS-5) to Planned Development Overlay Zone (OPD-5) with a Sensitive Areas Development Plan, for the property located on Dubuque Road and North Dodge Street. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance rezoning approximately one (1) acre from Low Density Single-Family Residential Zone (RS-5) to Planned Development Overlay Zone (OPD-5) with a Sensitive Areas Development Plan, for the property located on Dubuque Road and North Dodge Street (REZ06-00004), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning a 1.80 acre property located at 1803/1835 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC- 2) (Hy-Vee). John Brehm, representing Hy-Vee, appeared. Moved by Champion, seconded by Correia, that the ordinance rezoning a 1.80 acre property located at 1803/1835 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC-2) (Hy-Vee), be given first 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 amending a conditional zoning agreement to remove the requirement for a 30 foot landscape setback from Highway 1 for a .63 acre p'roperty located at 809-817 Highway 1 West (Autohaus), (REZ06-00002), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Complete Description April 4, 2006 Page 4 penalties," Section 3-4-4, entitled "Wastewater Treatment Works User Charges," of the City Code to increase or change wastewater user charges and fees in Iowa City, Iowa. No one appeared. Moved by Vanderhoef, seconded by Bailey, that the ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and penalties," Section 3-4-4, entitled "Wastewater Treatment Works User Charges," of the City Code to increase or change wastewater user charges and fees in Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to decrease or change Water Service Charges and Fees in Iowa City, Iowa. No one appeared. Moved by Bailey, seconded by Correia, that the ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to decrease or change Water Service Charges and Fees in Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-5 entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges. No one appeared. Moved by Vanderhoef, seconded by Bailey, that the ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-5 entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the Permanent Pavement Marking Project 2006 establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 06-103, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE PERMANENT PAVEMENT MARKING PROJECT 2006 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Robert A. Lee Recreation Center Exterior Glazing and Panel Replacement project establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Complete Description April 4, 2006 Page 5 Moved by Bailey, seconded by Champion, to adopt RES. 06-104, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER EXTERIOR GLAZING AND PANEL REPLACEMENT PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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 Correia, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," by adding a new Section 8, entitled "Engine Braking" to prohibit the use of engine braking except in an emergency situation, be given second vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor deClared the motion carried. Moved by Vanderhoef, seconded by Champion, that the 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. 06-4200, TO ADOPT THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 2006, AKA "CITY CODE," be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Bailey, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Bailey, that ORD. 06-4201, AMENDING TITLE 12 OF THE CITY CODE, ENTITLED "FRANCHISES," CHAPTER 4, ENTITLED "CABLE TELEVISION," SECTION 13, ENTITLED "FRANCHISE PAYMENTS" TO ALLOW FOR ADDITIONAL USES OF THE ANNUAL FRANCHISE PAYMENT, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Elliott, 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. 06-4202, AMENDING TITLE 14, ENTITLED UNIFIED DEVELOPMENT CODE, CHAPTER 5, "BUILDING AND HOUSING", ARTICLE 1 GRADING ORDINANCE, TO CREATE A CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE, be voted on for final passage at this time. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Correia, 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 Correia, to adopt RES. 06-105, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND UNITED NATURAL FOODS, INC. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description April 4, 2006 Page 6 Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-106, ESTABLISHING A FEE FOR CONSTRUCTION SITE RUNOFF (CSR) PERMITS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Correia, to adopt RES. 06-107, AMENDING THE BUDGETED POSITIONS IN THE HOUSING INSPECTION DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY ADDING ONE HALF-TIME DEVELOPMENT REGULATIONS SPECIALIST POSITION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 06-108, AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE STORMWATER MANAGEMENT FUND BY DELETING ONE FULL-TIME SENIOR ENGINEER POSITION AND ADDING ONE FULL-TIME CIVIL ENGINEER POSITION TO THE ENGINEERING DIVISION AND ADDING ONE FULL-TIME SENIOR ENGINEER POSITION TO THE STORMWATER MANAGEMENT FUND. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, to adopt RES. 06-109, AMENDING THE BUDGETED POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN BY ADDING ONE ECONOMIC DEVELOPMENT COORDINATOR POSITION. 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 O'Donnell, seconded by Vanderhoef, to adopt RES. 06-110, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ENGINEERING ALLIANCE, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LOWER WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, to adopt RES. 06-111, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTIONS 5307, 5309, AND 5310 OF CHAPTER 49, US CODE OF FEDERAL REGULATIONS, FOR FY2006 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, to adopt RES. 06-112, ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2007. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously vacancies on Boards and Commissions: 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; Historic Complete Description April 4, 2006 Page 7 Preservation Commission for Three vacancies (1) Woodlawn, (1) East College St, (1) College Green, to fill three-year terms March 29, 2006 - March 29, 2009; Housing and Community Development Commission to fill an unexpired term plus a three-year term ending September 1, 2009. Applications must be received by 5:00 p.m., Wednesday, April 12, 2006. Council Member Correia congratulated Fire Chief Rocca on his recent designation of a Chief Fire Officer by the Commission on Chief Fire Officer Designation; and stated the Youth Advisory Commission had met two times thus far and would be appearing before the Council at the April 18 meeting. Council Member Champion congratulated Mayor Wilburn on being names the Non- Profit Administrator of the Year at the Crisis Center. Mayor Wilburn acknowledged the staff and community volunteers at the Center; asked if the City had considered combining some of the signs along streets. The City Manager stated the City follows the uniform manual of traffic control devices; encouraged citizens to shop the Elder craft Shop located at the Senior Center. Council Member O'Donnell noted his previous remarks at the work session regarding the road to the landfill looking trashy. Staff will follow up. Council Member Vanderhoef reported on the celebration at Grant Wood for the opening of the Family Resource Center, preschool and gym; thanked the West High Club for inviting her to a job shadow and discussion as part of local government group. Mayor Pro tem Bailey encouraged individuals to attend the one man show "I Am My Own Wife" at the Riverside Theater; and announced 1,000 Friend of Iowa would be meeting at the Zion Lutheran Church that weekend. Council Member Elliott welcomes University of Iowa students to the meeting; and announced that the Cardinals had own their opener. Mayor Wilburn thanked the College of Law and the Black Law Student Association for the invitation to speak, and acknowledged the work they do in the community; and noted the Youth Human Rights Awards to be held on May 9 at the Englert Theater. City Manager Atkins stated the weather alert sirens would be tested as part of "Severe Weather Awareness Week". In response to the Mayor, the City Manager stated scattered site housing would be discussed at the April 17 work session. Moved by O'Donnell, seconded by Bailey, to adjourn meeting at 8:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk