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HomeMy WebLinkAbout2006-06-13 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 JUNE 13,2006 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, Trueblood. Council minutes tape recorded on Tape 06-50, Both Sides. The Mayor proclaimed Homeownership Month - June 2006. Those accepting were:, Fair Housing Administrator of Iowa City Assn. of Realtors Deanne Miller, Fair Housing Administrator of Iowa City Assn. of Realtors Leanne Tyson, Executive Director of the Iowa City Assn. of Realtors Cheryl Nelson and Iowa City Housing Authority representative Deb Briggs; Pride Month - June 2006, Michael Neice, Member of the Pride Committee accepting; Roberts Dairy Day - June 11, 2006. Duke McGrath, President of the Public Library Friends Foundation and Patty McCarthy, Development Director of the Library presented a $100,000 check to the City as part of the pledge repayment program. Moved by Champion, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from the Consent Calendar and consider as separate items 4d(4) a resolution of intent to approve a third amendment to a purchase agreement between the City of Iowa City and Wal-Mart, and 4d(5) a resolution of intent to approve a fourth amendment to a purchase agreement between the City of Iowa City and Wal-Mart: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 15, Special Council Work Session; May 23, Special Council Work Session; May 23, 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): Planning and Zoning Commission - April 20, 2006; Telecommunications Commission - April 24, 2006; Civil Service Commission - May 26, 2006; Youth Advisory Commission - April 13,2006 Recommendation to Council: Approve the by-laws as presented. This item should be referred to the Rules Committee for review. Youth Advisory Commission - April 20, 2006; Planning and Zoning Commission - May 18, 2006; Historic Preservation Commission - May 4, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class E Liquor License for Iowa CVS Pharmacy, LLC, dba CVS Pharmacy #8547,2425 Muscatine Ave. Renewal: Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S Riverside Dr.; Class B Beer Permit for Hawk-Eye Pizza, LLC, dba Pizza Hut #4358, 1926 Keokuk St.; Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.; Class C Liquor License for 808 Restaurant & Night Club, Inc., dba 808 Restaurant & Night Club, Inc., 121 Iowa Ave.; Class C Liquor License for GFP Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for GFP Complete Description June 13, 2006 Page 2 Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Class C Beer Permit for EI Paso Tienda y Taqueria, Inc., dba EI Paso the Mexican Store, 609 Hollywood Blvd.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #422,513 S. Riverside Dr.; RES. 06-168, TO ISSUE CIGARETTE PERMITS to CVS/Pharmacy, LLC dba CVS/Pharmacy #8539,201 S. Clinton S1. and CVS/Pharmacy #8547,2425 Muscatine Ave.; Temporary transfer of license for Sam's Pizza IC, Inc., dba Sam's Pizza IC, Inc., to 301% Kirkwood Ave. Setting a Public Hearing: RES. 06-169, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 940 LONGFELLOW COURT AND SETTING A PUBLIC HEARING FOR JUNE 27, 2006; RES. 06-170, INTENT TO CONVEY 426 BAYARD STREET, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 27,2006; RES. 06-171, SETTING A PUBLIC HEARING ON JUNE 27, 2006, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIDGE ROAD WATER MAIN BORING 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. 06-172, SETTING A PUBLIC HEARING FOR JUNE 27, 2006, REGARDING THE INTENT TO ENTER INTO A LEASE AGREEMENT WITH GROUNDS FOR DESSERT COFFEEHOUSE, INC. FOR THE LEASE OF APPROXIMATELY 2,460 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET TRANSPORTATION CENTER. RES. 06-173, INTENT TO CONVEY AN EASEMENT TO QWEST FOR UTILITY LINES AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 27, 2006. Resolutions: RES. 06-174, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2420 BITTERSWEET COURT, IOWA CITY, IOWA; RES. 06-175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 322 MULLIN STREET, IOWA CITY, IOWA; RES. 06-176, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR BROOKWOOD POINTE FIRST ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 06-177, ACCEPTING THE WORK FOR THE 8' TRAIL LOCATED ON OUTLOT "A" OF LINDEMANN SUBDIVISION - PART ONE AND OUTLOT "I" OFLlNDEMANN SUBDIVISION - PART THREE, AND FOR CERTAIN PUBLIC SIDEWALK IMPROVEMENTS LOCATED IN LINDEMANN SUBDIVISION - PART ONE AND LINDEMANN SUBDIVISION - PART THREE, AND DECLARING THESE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 06-178, RESOLUTION RESCINDING RESOLUTION NO. 05-166, regarding the appointment of Dan Clay as non-voting advisory member to the Airport Commission. Correspondence: JCCOG Traffic Engineering Planner regarding Removal of one parking meter and installation of two NO PARKING 2am - 6 am TOW AWAY Complete Description June 13, 2006 Page 3 ZONE LOADING ZONE 15 MINUTE LIMIT 8am - 2 am signs; Robert Burns regarding Proposed Sidewalk Cafe at 100 S. Linn St.; Naftaly Stramer regarding Parking at the Art and Jazz Festivals; Debra DeLaet and Todd Knoop regarding City Park pool; Katy Maher regarding Rental complaint [Staff response included]; Tish Brorby regarding Thank you to 911 operators; Rick Kaster regarding AOL News-Town of Hercules Blocks Wal-Mart; Patti Kemper(x3) regarding Farmers Market Concern [Staff response included. Other documentation previously distributed 5/25 Information Packet]; Colette LaFortune Pogue regarding Preservation of Montgomery-Butler House; Stacey Green regarding Proposed transit route changes [Staff response included]; Katy Brown regarding Residential Disturbances [Staff response included]; Shelly Cronbaugh regarding Tornado alarm testing; Austin Baeth regarding Late-night bus service; Dubuque Road sidewalk and traffic concerns letters from Ariana Betenbender, Lance Platz, Ellen Roan, Larry Betenbender, Ginny Kirschling; Laura Stern regarding Thatcher Mobile Home Park [Previously distributed in 5/25 and 6/1 Information *Packets]; Paul Show: Late Night Bus Service. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Elliott, seconded by Vanderhoef, to adopt RES. 06-179, INTENT TO APPROVE A THIRD AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-tylART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO, AND SETTING A PUBLIC HEARING FOR JUNE 27, 2006. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of voice vote: Ayes: Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Bailey, Champion, Correia. Absent: None. Moved by Elliott, seconded by O'Donnell, to adopt a resolution of intent to approve a fourth amendment to a purchase agreement between the City of Iowa City and Wal-Mart Real Estate Business Trust for approximately 21.76 acres of property lying within lots 10 through 17 of North Airport Development Subdivision and lots 2, through 4 of the North Airport Development Subdivision - Part two, and setting a public hearing for June 27, 2006. Individual Council Members expressed their views. Gary Sanders and Bob Downer, atty. for Wal-Mart appeared. The Mayor declared the resolution defeated, 3/4, with the following division of roll call vote: Ayes: O'Donnell, Vanderhoef, Elliott. Nays: Bailey, Champion, Correia, Wilburn. Absent: None. Senior Center Commissioner Bob Engle,725 Bradley Street, updated Council on activities at the Center. Gary Sanders, reminded citizens of the Board of Adjustment meeting scheduled for June 14 with one subject on the agenda relating to Wal-Mart building on a flood plain. Kevin Perez, 161 Columbia Drive, appeared regarding garbage removal in the downtown area and recycling. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for June 27 on an ordinance rezoning 6,750 square feet of property located at 619 Kirkwood Avenue from Low Density Single-Family Residential (RS-5) Zone to Commercial Office (CO-1) Zone (REZ06- *Revised 6/26/06 Complete Description June 13, 2006 Page 3 ZONE LOADING ZONE 15 MINUTE LIMIT 8am - 2 am signs; Robert Burns regarding Pro sed Sidewalk Cafe at 100 S. Linn St.; Naftaly Stramer regarding Parking at the Art an Jazz Festivals; Debra Delaet and Todd Knoop regarding City Park pool; Katy Maher r arding Rental complaint [Staff response included]; Tish Brorby regarding Thank yo \to 911 operators; Rick Kaster regarding AOL News-Town of Hercules Blocks Wal~art; Patti Kemper(x3) regarding Farmers Market Concern [Staff response included. Oth~ documentation previously distributed 5/25 Information Packet]; Colette LaFortune pogiJe regarding Preservation of Montgomery-Butler House; Stacey Green regarding Propo~d transit route changes [Staff response included]; Katy Brown regarding Residen~1 Disturbances [Staff response in uded]; Shelly Cronbaugh regarding Tornado a rm testing; Austin Baeth regar. ing Late-night bus service; Dubuque Road sidew k and traffic concerns lette from Ariana Betenbender, Lance Platz, Ellen Roan, Larry etenbender, Ginny Kir hling; Laura Stern regarding Thatcher Mobile Home P k [Previously distrib ted in 5/25 and 6/1 Information Packets]; Paul Snow: late 'ght Bus Servic Affirmative roll call vote unanimous, 10, all Coun . Members present. The Mayor declared the motion carried. Moved by Elliott, seconded by V derh f, to adopt RES. 06-179, INTENT TO APPROVE A THIRD AMENDMENT TO P; CHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-MART REAL E ATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PR P TY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT UB VISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT S BDIVISI N - PART TWO, AND SETTING A PUBLIC HEARING FOR JUNE 27, 2006. Indi idual Counc Members expressed their views. The Mayor declared the resolution adop d, 4/3, with the ollowing division of voice vote: Ayes: Elliott, O'Donnell, Vanderhoef, Wil urn. Nays: Bailey, Champion, Correia. Absent: None. Moved by Elliott, seconde by O'Donnell, to ado a resolution of intent to approve a fourth amendment to a purchas agreement between the ity of Iowa City and Wal-Mart Real Estate Business Trust for appr ximately 21.76 acres of pro erty lying within lots 10 through 17 of North Airport Develop nt Subdivision and lots 2, thro h 4 of the North Airport Development Subdivision - art two, and setting a public hea . g for June 27,2006. Individual Council Member. expressed their views. Gary Sand s and Bob Downer, atty. for Wal-Mart appeared. The ayor declared the resolution defeated, 14, with the following division of roll call vote: 'Ayes: O'Donnell, Vanderhoef, Elliott. Na : Bailey, Champion, Correia, Wilburn. Abs t: None. Senior Center ommissioner Bob Engle,725 Bradley Street, u dated Council on activities at the Cen r. Gary Sanders, reminded citizens of the Board of Adjustment meeting scheduled for June 4 with one subject on the agenda relating to Wal-Mart building on a flood plain. Kevin Pere ,161 Columbia Drive, appeared regarding garbage removal in the downtown area a d recycling. Moved b Vanderhoef, seconded by Bailey, to set a public hearing for June 27 on an ordinance rezo ing 6,750 square feet of property located at 619 Kirkwood Avenue from Low Density Singl -Family Residential (RS-5) Zone to Commercial Office (CO-1) Zone (REZ06- Complete Description June 13, 2006 Page 4 00012) (Teague). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Champion, to set a public hearing for June 27 on an ordinance rezoning 10.38 acres of property located on S. Gilbert Street, South of Highway 6 and North of Southgate Avenue from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone (REZ05-00022). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to set a public hearing for June 27 on an ordinance rezoning 20.79 acres of property located on Lower West Branch Road, west of Taft Avenue from Interim Development Single-Family Residential (ID-RS) Zone to Low Density Single-Family Residential (RS-5) Zone (REZ06-00013) (Stone Bridge Estates). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, to set a public hearing for June 27 on an ordinance amending Title 14, Zoning Code, to clarify certain specific provisions within Article 2B, Multi-Family Residential Zones, Article 2C, Commercial Zones, Article 20, Industrial and Research Zones, Article 4b, Minor Modifications, Variances, Special Exceptions, and Provisional Uses, Article 5A, Off Street Parking and loading standards, and Article 8A, General Definitions. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for June 27 on an ordinance vacating Dane Road South of Highway 1. (VAC06-00002). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to set a public hearing for June 27 on an ordinance vacating a portion of Old West Benton Street. (Professional Muffler) (VAC06- 00003). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for June 27 on a resolution vacating portions of Ruppert Road within Aviation Commerce Park North (VAC06- 00004). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to adopt RES. 06-180, INTENT TO CONVEY THE RIGHT-OF-WAY IN AN ALLEY IN BLOCK 27 LYING BETWEEN SOUTH CLINTON AND SOUTH DUBUQUE STREETS TO THE NORTH OF BENTON STREET, TO JOHNSON COUNTY, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 27, 2006. The Mayor declared the resolution adopted, 6/0/1, Correia abstaining due to a conflict of interest. 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. 06-4212, CONDITIONALLY CHANGING THE ZONING DESIGNATION OF 11.36 ACRES FROM GENERAL INDUSTRIAL (1-1) TO HEAVY INDUSTRIAL (1-2) FOR PROPERTIES LOCATED EAST OF RIVERSIDE DRIVE, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, Vanderhoef voting "no". Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be finally adopted at this time. The Complete Description June 13, 2006 Page 5 Mayor declared the ordinance adopted, 6/1, Vanderhoef voting "no". Moved by Champion, seconded by Correia, to accept correspondence from Don Hilsman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, 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. 06-4213, REZONING THE FOLLOWING PROPERTIES ASSOCIATED WITH UNIVERSITY OF IOWA TO INSTITUTIONAL PUBLIC (P2): 511 SOUTH MADISON STREET AND 620 AND 624 SOUTH MADISON STREET FROM INTENSIVE COMMERCIAL (CI-1) TO INSTITUTIONAL PUBLIC (P2); LOTS 14 AND 15 IN GRAND AVENUE COURT ADDITION AND 320 MELROSE AVENUE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO P2; LOT 4 IN MELROSE COURT ADDITION, 223 LUCON DRIVE, 609 MELROSE AVENUE, AND 3 OAK PARK COURT, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO P2; 322 NORTH CLINTON FROM PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL (PRM) TO P2; 430 AND 530 NORTH CLINTON FROM HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) TO P2; AND OLD CAPITOL MALL FROM CENTRAL BUSINESS (CB-10) TO P2/CB-10,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 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 Correia, 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. 06-4214, REZONING THE FOLLOWING PROPERTIES ASSOCIATED WITH THE CITY OF IOWA CITY AND THE IOWA CITY PUBLIC SCHOOL DISTRICT TO NEIGHBORHOOD PUBLIC (P1) AND THE IOWA NATIONAL GUARD TO INSTITUTIONAL PUBLIC (P2): BENTON HILL PARK, WHISPERING MEADOWS WETLAND PARK, OUTLOT ASSOCIATED WITH EAST HILL SUBDIVISION, OUTLOT ASSOCIATED WITH LONGFELLOW MANOR, AND OUTLOT ASSOCIATED WITH WALDEN WOOD PART 9 FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO P1; PROPERTIES ASSOCIATED WITH GLENDALE PARK, HUNTER'S RUN PARK, WINDSOR RIDGE PARK, GRANT WOOD ELEMENTARY SCHOOL AND IRVING B. WEBER ELEMENTARY SCHOOL FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO P1; PROPERTIES ASSOCIATED WITH WEATHERBY PARK AND THE SYCAMORE GREENWAY TRAIL FROM INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID-RS) TO P1; PROPERTIES ASSOCIATED WITH COURT HILL TRAIL FROM MEDIUM DENSITY MUL TI- FAMILY RESIDENTIAL (RM-20) TO P1; AND PROPERTIES ASSOCIATED WITH HARLOCKE HILL PARK FROM OVERLAY PLANNED DEVELOPMENT/HIGH DENSITY MULTI-FAMILY RESIDENTIAL (OPD/RM-44) TO P1; AND FIRE STATION #4 AT THE INTERSECTION OF SCOTT BOULEVARD AND NORTH DODGE STREET FROM RURAL RESIDENTIAL (RR-1) TO P1; AND PROPERTY LOCATED ON THE NORTH SIDE OF MELROSE AVENUE, WEST OF HIGHWAY 218 FROM P1 TO INSTITUTIONAL PUBLIC (P2), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Complete Description June 13, 2006 Page 6 Members present. The Mayor declared the motion carried. Moved by Vanderhoef, 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 Champion, that the ordinance vacating the alley located north of Benton Street between Clinton Street and Dubuque Street (VAC06-00001) (Johnson County), be given second vote. The Mayor declared the motion carried, 6/0/1 Correia abstaining due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, to adopt RES. 06-181, APPROVING THE FINAL PLAT OF CARDINAL RIDGE - PART THREE, 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 O'Donnell, to adopt RES. 06-182, APPROVING THE PRELIMINARY PLAT OF HOLLYWOOD MANOR, PART 9, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to consider a recommendation to the Johnson County Board of Supervisors for approval of rezoning of 4.34 acres of property located in fringe area a on the South side of Linder Road NE from R, Residential to County A, Agricultural. (CZ06-00001) (Agudas Achim cemetery). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution authorizing conveyance of a single family home located at 2667 Indigo Court to a Public Housing Program Tenant. No one appeared. Moved by O'Donnell, seconded by Bailey, to adopt RES. 06-183, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2667 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 617 Brookside Drive to a Public Housing Program Tenant. No one appeared. Moved by Bailey, seconded by Correia, to adopt RES. 06-184, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 617 BROOKSIDE DRIVE TO A PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 2673 Indigo Court to a Public Housing Program Tenant. No one appeared. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-185, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2673 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing a lease agreement for the lease of the building located at 2401 Scott Boulevard to Iowa Valley Habitat for Humanity. No one appeared. Moved by Champion, seconded by Correia, to adopt RES. 06-186, AUTHORIZING A LEASE AGREEMENT FOR THE LEASE OF THE BUILDING LOCATED AT 2401 SCOTT BOULEVARD TO IOWA VALLEY HABITAT FOR HUMANITY, and the agreement amended Complete Description June 13,2006 Page 7 with the words "at least" inserted into item 7 regarding the days and hours of operation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted with the amended agreement. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Westside Automotive L.L.C. for an undeveloped .95 acre parcel of property located on the North side of Highway 1 West between the Mormon Trek Boulevard and Dane Road intersections, and disposal of said parcel in accordance therewith. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-187, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WESTSIDE AUTOMOTIVE L.L.C. FOR AN UNDEVELOPED .95 ACRE PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF HIGHWAY 1 WEST BETWEEN THE MORMON TREK BOULEVARD AND DANE ROAD INTERSECTIONS, AND DISPOSAL OF SAID PARCEL IN ACCORDANCE THEREWITH. 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 Champion, seconded by Correia, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 15, entitled "Library Parking" to require Library patron parking signage to notify the driver that the Library hours are posted on the Library door, be given first 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 Bailey, seconded by Vanderhoef, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," and Chapter 5, entitled "Parking Meter Zones and Parking Lots" to limit parking in streets and ramps for their intended purpose, be given first 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 Bailey, seconded by Correia, 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. 06-4215, AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS, " TO ALLOW DOGS TO BE OFF LEASH IN THORNBERRY OFF-LEASH DOG PARK, 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 Vanderhoef, seconded by Bailey, to adopt RES. 06-188, ESTABLISHING DAILY FEES FOR THE THORNBERRY OFF-LEASH DOG PARK. Beth Shields, President of JC Dog Pac, present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description June 13, 2006 Page 8 Moved by Bailey, seconded by Correia, to adopt RES. 06-189, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOG PAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY OFF-LEASH DOG PARK. 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 ordinance amending Title 8, entitled "Police regulations," Chapter 6, entitled "Persons under Eighteen Years of Age," by repealing Section 1 B because the State has enacted a more comprehensive education provision, 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 Vanderhoef, to adopt RES. 06-190, RESCINDING RESOLUTION NO. 94-292, approving an application fee to administer cigarette employee education materials. 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. 06-191, RESCINDING RESOLUTION NO. 94-255 AND ESTABLISHING A FEE SCHEDULE FOR DANCING PERMITS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Elliott, to adopt RES. 06-192, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT FOR THE LEASE OF APPROXIMATELY 760 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET TRANSPORTATION CENTER. 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. 06-193, DIRECTING SALE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2006A. 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. 06-194, DIRECTING SALE OF $1,000,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B. 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. 06-195, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $ 6,265,000 GENERAL OBLIGATION BONDS, SERIES 2006A AND $1,000,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Correia, to adopt RES. 06-196, APPROVING THE VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN, A RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Elliott, seconded by O'Donnell, to adopt RES. 06-197, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2006 ASPHALT OVERLAY Complete Description June 13, 2006 Page 9 PROJECT to L.L. Pelling Company for $ 456,253.30. The City Manager recommended award minus one project for a total of $351 ,000. The City Attorney recommended awarding as presented and staff initiates a change order. 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. 06-198, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. 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, approving the appointment of Austin Baeth as the student liaison and Abigail Volland as the alternate from the University of Iowa Student Government (UISG) to the City Council June 13, 2006 until May 1,2007. The Mayor declared the motion carried unanimous, 7/0, all Council Members present. UISG representatives Baeth and Volland thanked Council for the opportunity. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Addison Stark and Austin Baeth. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor announced the current vacancies: Housing and Community Development Commission for two vacancies to fill three-year terms ending September 1, 2009; Library, Board of Trustees to fill an unexpired term ending July 1,2007. Applications must be received by 5:00 p.m., Wednesday, July 26, 2006. The Mayor noted the previously announced vacancies: Telecommunications Commission - One vacancy to fill an unexpired term ending March 13, 2007; Applications must be received by 5:00 p.m., Wednesday, July 12, 2006. Moved by Vanderhoef, seconded by Bailey, to appoint Tim Toomey, 526 N. Linn Street, to the Historic Preservation Commission to fill an unexpired term ending March 29, 2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor abstained due to conflict of interest on the next item. Mayor Pro tem Bailey presiding. Moved by Elliott, seconded by Champion, to make the following appointments to boards and commissions: Marcy DeFrance, 2222 Hazel Ct., to the to the Housing and Community Development Commission to fill an unexpired term plus a three-year term ending September 1, 2009, and Holly Jane Hart, 228 S. Summit Street, to the Housing and Community Development Commission to fill an unexpired term ending September 1, 2007. The Mayor Pro tem declared the motion carried unanimously, 6/0/1, Wilburn abstaining due to a conflict of interest. Mayor Wilburn returned to the meeting. The Mayor noted that the following vacancies would be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31, 2006 and Airport Zoning Commission to fill a six-year term January 1, 2006 - December 31,2011. [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.] Complete Description June 13, 2006 Page 10 Council Member Elliott reminded Council that in discussing Wal-Mart in the coming weeks to remember that the majority of the Iowa City populations wants Wal-Mart here; and shared frustrations with the City signs regulations; and reported on sharing of birthday cake with neighbors. Mayor Pro tem Bailey noted that the mutt mitt dispenser near North Market Square had been empty for sometime and questioned restocking procedures. Parks & Recreation Director Trueblood present for discussion. Council Member Vanderhoef stated her earlier request for a discussion on poplars and use in beautifying river banks and water quality issues, and questioned if parks had ever considered planting poplars in Mesquakie Park. The City Manager stated he had asked Public Director Fosse for a report. Parks & Recreation Director Trueblood stated he would follow up. Council Member O'Donnell agreed with earlier remarks made by Council Member Elliott concerning Wal-Mart and the City's sign regulations; and noted the contribution of Dean Thornberry to the new Dog Park and suggested Dean's dog, Boulder, be provided a life time exemption for the fees. Council Member Champion noted the number of businesses damaged by the tornado and questioned whether the City could do something to help them since their insurance wouldn't cover it. Mayor Pro tem Bailey suggested talking about it at the next Economic Development meeting; requested information on the City taking over the trash and recycling downtown. The City Manager will provide an update on the current program; requested that the current policy that owner leased homes sold would not be replaced be added to future housing discussions. Council Member Correia requested information on offering recycling to apartments and condos. The City Manager will provide information on past attempts; and reported on her attendance at the Diversity and Inclusion Initiative in Cedar Rapids, and encouraged to get more involved with the Diversity Focus organization sponsoring the event. Mayor Wilburn congratulated the Mormon Trek Heritage Society for hosting the Iowa City Sesquicentennial Commemoration of the Mormon Handcart launching; invited citizens to the Pride Festival at College Green Park the week-end of June 17; and wished all fathers a Happy Father's Day. Moved by Vanderhoef, seconded by Elliott, to adjourn meeting at 8:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all uncil Members resent. Ross Wilburn, Mayor -., . ~ '). . / '/;; -re."".1:../ I! NL--- Ma'tian K. Karr, City Clerk I! I -...= -~ !~~!:'t --=..... _D11I~ ...,..~ CITY OF IOWA CITY MEMORANDUM cur: Date: May 23, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Special Council Work Session, May 15, 2006, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Voparil, Dilkes, Long, Boothroy, Franklin, Rackis, Long Tapes: 06-43, Both Sides; 06-44, Side 1 (A complete transcription is available in the City Clerk's Office) HOUSING DISCUSSION - SCATTERED SITE RECOMMENDATIONS Council reviewed the recommendations distributed most recently in the information packet of April 27, starting with # 1, page 4 of eight pages. Community Development Coordinator Long and past Taskforce Chair Matt Hayek present for discussion. Council requested the following: . Number of shelter and transitional beds . Inventory being maximized . Update on single room occupancy . Explore School district data available on people coming into or leaving the district The Mayor summarized discussion as follows: interest in # 3, educational campaign; # 6, committing resources; and # 8 encouraging affordable housing. Council agreed to continue discussion to the 6:30 work session on June 12, and directed staff to prepare the agenda for that work session to include the continued housing discussion and then the regular work session agenda to enable Council to begin discussions of other work session items later the 12th; a special work session to finish up items would be scheduled for 5:30 June 13th. STAFF ACTION: Proceed as outlined with work session agendas and City Manager to provide summary memo of discussion. (Atkins) Meeting adjourned 8:40 PM. I! 1 -,...= -~... ~~~~'"t. '-'" ~...., ...,.... ... CITY OF IOWA CITY G[ MEMORANDUM Date: May 23, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 23, 2006, 5:00 PM in Emma J. Harvat Hall Council: Bailey, Champion (arrived 5:15), Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Dilkes, Helling, Karr, Davidson, Moran, Morris, Rocca, Williams Tapes: 06-40, Side 2; 06-44, Side 2; 06-45, Side 1. (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS Ass!. PCD Director Davidson presented information on the following items: A. CONDITIONALLY REZONING 11.36 ACRES OF LAND LOCATED EAST OF SOUTH RIVERSIDE DRIVE FROM GENERAL INDUSTRIAL (1-1) TO HEAVY INDUSTRIAL (1-2) (REZ05-00005) (Ace Auto Recyclers) Davidson reviewed the history of the business at this location, and noted conditions were placed on the property some years ago that in large part had not been compiled with. Davidson stated that when the applicant had approached the City for an expansion they were told that conditions of the first rezoning would have to be met before consideration of an expansion, and reported that it is his understanding that has happened. Vanderhoef requested that Council schedule discussion of regarding a policy for properties that back to waterways; and stated her desire for this property to have poplars. Davidson noted the conditional zoning agreement had been signed and that spruce trees were denoted in the agreement for the area viewed from Riverside Drive, and other options such as arborvitae are required in the City zoning ordinance. Bailey and Correia expressed concerns about the past history of non-compliance. Council directed staff to do period inspections of the property to ensure compliance. Vanderhoef indicated her desire to defer. B. REZONING PROPERTIES ASSOCIATED WITH THE UNIVERSITY OF IOWA TO INSTITUTIONAL PUBLIC (P2) C. REZONING PROPERTIES ASSOCIATED WITH THE CITY OF IOWA CITY AND THE IOWA CITY PUBLIC SCHOOL DISTRICT TO NEIGHBORHOOD PUBLIC (P1) AND THE IOWA NATIONAL GUARD TO INSITUTIONAL PUBLIC (P2) Council Work Session May 23, 2006 Page 2 D. VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET. (VAC06-00001) COLLEGE STREET TRAFFIC CALMING BETWEEN 7TH AVE AND CITY HIGH (IP2 of 5/18 Info Packet) Ass!' PCD Director Davidson and Traffic Engr. Planner Williams present for discussion. After discussion Council directed staff to proceed with the neighborhood meeting, and pursue education of parents arid students about neighborhood issues. STAFF ACTION: Schedule neighborhood meeting. (Davidson and Williams) ROBERT A. LEE RECREATION CENTER (AGENDA ITEM #16) Architectural Services & Energy Coordinator Morris presented information on the project and the two bids received. After discussion a majority agreed to proceed with installation of the privacy fence along Gilbert Street at the same time and will amend the award at the formal meeting. JCCOG EMERGENCY RESPONSE SYSTEM (IP3 of 5/18 Info Packet) Executive Director of JCCOG Davidson facilitated discussion. Fire Chief Roca present for discussion. Council agreed with JCCOG coordinating discussions with Johnson County and the City of Iowa City on proceeding with a single emergency response communication system. STAFF ACTION: Summarize discussion with Board of Supervisors and City Council of Iowa City for discussion with JCCOG Urbanized Area Policy Board meeting on June 28. (Davidson) COUNCIL APPOINTMENTS Historic Preservation Commission - Ginalie Swain (Woodlawn representative) Pam Michaud (College Green representative) AGENDA ITEMS AND COUNCIL TIME 1. (Agenda item # 8 - Public hearing and resolution amending the FY06 operating budget) Correia reported that Johnson County Treasurer Kriz had reported to the Board of Supervisors his success in collecting unpaid taxes and wondered why the City delinquent property tax line still should zero. The City Manager stated the county has an obligation to pay the City for any back taxes if collected, but would have staff follow up and report back. 2. (Consent Calendar item # 4g(9) - correspondence re City Park Pathway) In response to Bailey, the City Manager st<3ted this project was being discussed and would report back with a timeline. Council Work Session May 23, 2006 Page 3 3. (Consent Calendar item # 4g(11) - correspondence re weed ordinance) Majority of Council directed staff to remove the dates from the ordinance. 4. (Consent Calendar item # 4g(13) - correspondencere Giovanni's conversion of a public right-of-way to private use) In response to Bailey, the City Manager stated a response had been sent. 5. (Consent Calendar item # 4g(16) - correspondence re Shoe Doctor Repair Shop) Majority of Council expressed a desire to offer some compromise, short term parking, to the business. Staff will follow up. 6. (Consent Calendar item # 4e(5) - resolution of intent... lease agreement... Habitat for Humanity) In response to Bailey, the City Manager stated that other entities, like the Salvage Barn, would be brought into the discussion when a proposal was ready to review. 7. (Consent Calendar item # 4g(3) - correspondence re new economic proposal and request for meeting) In response to Elliott, City Atty. Dilkes stated the correspondence was addressed to the City Council and couldn't justify not sending solely because it was political. 8. Elliott noted the public meeting on May 22 regarding SILO (school increment local option tax) and requested Council discussion be scheduled. 9. In response to Elliott, City Atty. Dilkes stated the Supreme Court had not rules on the MidAmerican franchise fee issue. Mayor Wilburn stated he had informed MidAmerican that if no decision had been received by June that he would schedule the matter for discussion. 10. (Consent Calendar item # 4g(6) - correspondence re city inspection of rental units) In response to Vanderhoef, the City Manager stated a response would be sent and provided to Council. 11. (Consent Calendar item # 4g(12) - correspondence re ban smoking) Vanderhoef suggested a stock response be made to individuals indicating they have to work with the state and not the City Council. 12. Bailey requested that Boards and Commissions be asked to have sign in sheets so that first and last names be provided in the minutes. Vanderhoef also noted that minutes are being provided later than the 21 day policy, and asked the City Clerk to follow up on that as well. Council Work Session May 23, 2006 Page 4 13. (Consent Calendar item # 4e(1)and (2) -resolutions of intent to convey.... Single family home... to a public housing tenant) Correia asked if proceeds of such sales go into more affordable housing programs. The City Manager stated that is the policy for the Affordable Dream house Program. Vanderhoef stated these funds are federal monies that must be returned to the Housing Authority, and requested the City explore purchasing units in existing buildings. 14. (Agenda item # 6 - Public discussion of proposed transit route changes) Individual Council Members indicated routes they would like considered. The City Manager stated the intent was to hear additional comments from the public, and then get Council direction prior to scheduling the item again for June 12 and 13. 15. (Agenda item # 11 - resolution... lease agreement... Court Street Transportation Center) The City Attorney stated the lease had not been signed and requested deferral to June 13. 16. O'Donnell reported tall weeds and grass on the lot at the southeast corner of Market and Linn. Staff will follow up. SCHEDULE OF PENDING DISCUSSION ITEMS AND FUTURE MEETINGS Council agreed to a 6:30 to 9:00 PM meeting on Monday, June 12, and the agenda would be: transit, continued housing discussion, and council time. Other work session items would occur on Tuesday, June 13 starting at 5:30 PM. Council Members will individually report their June availability for meeting to the City Clerk for the purposes of selecting another possible June meeting date for discussion of SILO. Meeting adjourned 6:40 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 5/23/06 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed Summer of the Arts - May 19 - September 16, 2006, Katie Rocha, Executive Director, accepting. MidAmerican Energy representative Terry Smith presented a $10,000 check to the City designated to the Tornado Damaged Tree Replacement Project. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 1, Regular Council Work Session; May 2, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission - April 12, 2006; Airport Commission - May 1, 2006; Airport Commission - April 13, 2006; Board of Adjustment - April 13, 2006; Public Library- March 30, 2006; Police Citizens Review Board - March 21, 2006; Historic Preservation Commission - April 13, 2006; Historic Preservation Commission - April 27, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class E Liquor License for Cigarette Outlet #18, 1901 Broadway St. Suite 3. Renewal: Class C Liquor License for Linn Street Cafe, Inc., 121 N. Linn Street; Class B Wine Permit for Linn Street Cafe, Inc., 121 N. Linn Street; Class C Beer Permit for La Reyna, 1937 Keokuk St.; Class C Beer Permit for Dubuque Street HandiMart, 204 N. Dubuque St.; Class C Liquor License for Colonial Lanes, 2253 Highway 218 South; Class C Beer Permit for Suburban BP AMOCO, 370 Scott Court; Class C Liquor License for Shakespeare's, 819 First Ave. South; Special Class C Liquor License for Riverside Theatre, 213 N. Gilbert St.; Temporary Transfer of a Special Class C Liquor License for Riverside Theatre, 213 N. Gilbert St. (City Park/Riverside Festival Stage 6/12/06- 7/10/06); Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 East; Class C Beer Permit for Tobacco Outlet Plus #537,923 S. Riverside Dr.; Class C Beer Permit for Goosetown Market, Inc., 600 N. Dodge St. Suite B. Motions: Approve disbursements in the amount of $8,592,748.02 for the period of March 1 through March 31,2006, as recommended by the Finance Director subject to audit; approve disbursements in the amount of $7,274,621.80 for the period of April 1 through April 30, 2006, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 06-149, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2667 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13,2006; Official Actions May 23, 2006 Page 2 RES. 06-150, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 617 BROOKSIDE DRIVE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13,2006; RES. 06-151, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2673 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13, 2006; RES. 06-152, INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WESTSIDE AUTOMOTIVE L.L.C. FOR AN UNDEVELOPED .95 ACRE PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF HIGHWAY 1 WEST BETWEEN THE MORMON TREK BOULEVARD AND DANE ROAD INTERSECTIONS, AND TO DISPOSE OF SAID PARCEL ACCORDANCE HEREWITH, AND SETTING A PUBLIC HEARING FOR JUNE 13, 2006; RES. 06-153, INTENT TO ENTER INTO A LEASE AGREEMENT FOR THE LEASE OF THE BUILDING LOCATED AT 2401 SCOTT BOULEVARD TO IOWA VALLEY HABITAT FOR HUMANITY AND SETTING PUBLIC HEARING ON SAID LEASE FOR JUNE 13,2006. Resolutions: RES. 06-154, APPROVING AN EARLY OCCUPANCY AGREEMENT FOR IOWA VALLEY HABITAT FOR HUMANITY AND THE BUILDING LOCATED AT 2401 SCOTT BOULEVARD; RES. 06-155, APPROVING THE DESIGN OF NEW EXTERIOR DOORS FOR THE MAHARISHI ENLIGHTENMENT CENTER ON THE CLINTON STREET ELEVATION OF OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET; RES. 06-156, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 131 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 06-157, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST, CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3035 STANFORD AVENUE, IOWA CITY, IOWA; RES. 06-158, ACCEPTING THE WORK FOR THE IOWA RIVER DAM RENOVATION PROJECT; RES. 06-159, ACCEPTING THE WORK FOR THE GRAND AVENUE IMPROVEMENTS PROJECT; RES. 06-160, IN SUPPORT OF AN APPLICATION BY THE HOUSING TRUST FUND OF JOHNSON COUNTY FOR FUNDS FROM THE STATE HOUSING TRUST FUND. Correspondence received from Andy Johnson. Correspondence: Jerry Anthony regarding General Obligation Bond to the Housing Fellowship; Bev Weismann, John Rutherford letters regarding College St. traffic calming; Jay Christensen-Szalanski regarding New Economic Proposal and Request for meeting; John and George Dane regarding Future Park; Joe Assouline regarding City inspection on rental units; Virginia Stamler regarding Angel memorial in the City Park; John McCown regarding Speeding Ticket [Staff response included]; Clifford Pirnat regarding City Park pathway repair [Staff response included]; Tom Riley regarding MidAmerican Franchise; Ed Romano regarding Weed ordinance [Staff response included]; Ban smoking letter from Lindy Malliet, Andrea Vavrik, Kelly Rilett, Kerri Purcell, Maureen Pope, Jenn Basile, Ashley Heinkel; Jim Ephgrave regarding Givanni's conversion of a public right-of-way to private use; Tundi Brady regarding City park pool renovation; Marybeth Slonneger regarding After the tornado; Nick Nassif Jr. Official Actions May 23, 2006 Page 3 regarding Shoe Doctor Repair Shop; Teja Huntley regarding Affordable homes in Iowa City and Johnson County; Cheryl Nelson regarding CTS Services. The Mayor declared the motion carried. Andy Johnson, Executive Director of the Housing Trust Fund of Johnson County, thanked Council for their support of the grant application contained in the Consent Calendar. Joe Assouline appeared regarding his letter on the Consent Calendar on city inspection fee for rental units. Dell Richard, 1250 Melrose Avenue, President of the Johnson County Historical Society, thanked Council for their allocation of $4000 to the Society and updated activities of the group. Moved and seconded to accept correspondence from Mr. Richard. The Mayor declared the motion carried. A public discussion was held on proposed transit route changes. The following individuals appeared: Austin Baeth; Janelle Rettig, 110 Shrader Rd.; Candy Barnhill, 154 Friendship St.; and Peter McElligott, University of Iowa Student Government President. Parking & Transit Director Fowler and Transit Mgr. Logsden present for discussion. Moved and seconded to accept correspondence from Tim and Jacki Brennan, Monika Capper, Deana Gholson, JoAnn Miller, Charlotte Walker. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally changing the zoning designation of 11.36 acres from General Industrial (1-1) to Intensive Industrial (1-2) for property located east of Riverside Drive. Moved and seconded that the ordinance conditionally changing the zoning designation of 11.36 acres from General Industrial (1-1) to Intensive Industrial (1-2) for property located east of Riverside Drive, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning properties associated with University of Iowa to Institutional Public (P2): 511 South Madison Street and 620 and 624 South Madison Street from Intensive Commercial (CI-1) to (P2); Lots 14 and 15 in Grand Avenue Court Addition and 320 Melrose Avenue from Medium Density Single Family Residential (RS-8) to (P2); Lot 4 in Melrose Court Addition, 223 Lucon Drive, 609 Melrose Avenue, and 3 Oak Park Court, from Low Density Single Family Residential (RS-5) to (P2); 322 North Clinton from Planned High Density Multi-Family Residential (PRM) to (P2); 430 and 530 North Clinton from High Density Multi-Family Residential (RM-44) to (P2); and Old Capitol Mall from Central Business (CB-1 0) to (P2/CB-1 0). Moved and seconded that the ordinance rezoning properties associated with University of Iowa to Institutional Public (P2): 511 South Madison Street and 620 and 624 South Madison Street from Intensive Commercial (CI-1) to (P2); Lots 14 and 15 in Grand Avenue Court Addition and 320 Melrose Avenue from Medium Density Single Family Residential (RS-8) to (P2); Lot 4 in Melrose Court Addition, 223 Lucon Drive, 609 Melrose Avenue, and 3 Oak Park Court, from Low Density Single Family Residential (RS-5) to (P2); 322 North Clinton from Planned High Density Multi-Family Residential (PRM) to (P2); 430 and 530 North Clinton from High Density Multi-Family Residential (RM-44) to (P2); and Old Capitol Mall from Central Business (CB-10) to (P2/CB-10), be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning properties the following properties associated with the City of Iowa City and the Iowa City Public School District to Neighborhood Public (P1) and the Iowa National Guard to Institutional Public (P2): Benton Hill Park, Whispering Meadows Wetland Park, Outlot associated with East Hill Subdivision, Outlot associated with Longfellow Manor, and Outlot associated with Walden Wood Part 9 from Official Actions May 23,2006 Page 4 Medium Density Single Family Residential (RS-8) to (P1); properties associated with Glendale Park, Hunter's Run Park, Windsor Ridge Park, Grant Wood Elementary School and Irving Weber Elementary School from Low Density Single Family Residential (RS-5) to (P); properties associated with Weatherby Park and the Sycamore Greenway Trail from Interim Development Single Family Residential (ID-RS) to (P1); properties associated with Court Hill Trail from Medium Density Multi-Family Residential (RM-20) to (P1); and properties associated with Harlocke Hill Park from Overlay Planned Development/High Density Multi-Family Residential (OPD/RM-44) to (P1); and Fire Station #4 at the intersection of Scott Boulevard and North Dodge Street from Rural Residential (RR-1) to (P1) property located on the north side of Melrose Avenue, west of Highway 218 from (P1) to Institutional Public (P2). Moved and seconded that the ordinance rezoning properties the following properties associated with the City of Iowa City and the Iowa City Public School District to Neighborhood Public (P1) and the Iowa National Guard to Insitutional Public (P2): Benton Hill Park, Whispering Meadows Wetland Park, Outlot associated with East Hill Subdivision, Outlot associated with Longfellow Manor, and Outlot associated with Walden Wood Part 9 from Medium Density Single Family Residential (RS-8) to (P1); properties associated with Glendale Park, Hunter's Run Park, Windsor Ridge Park, Grant Wood Elementary School and Irving Weber Elementary School from Low Density Single Family Residential (RS-5) to (P); properties associated with Weatherby Park and the Sycamore Greenway Trail from Interim Development Single Family Residential (ID-RS) to (P1); properties associated with Court Hill Trail from Medium Density Multi-Family Residential (RM-20) to (P1); and properties associated with Harlocke Hill Park from Overlay Planned Development/High Density Multi-Family Residential (OPD/RM-44) to (P1); and Fire Station #4 at the intersection of Scott Boulevard and North Dodge Street from Rural Residential (RR-1) to (P1). property located on the north side of Melrose Avenue, west of Highway 218 from (P1) to Institutional Public (P2), be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating the alley located north of Benton Street between Clinton Street and Dubuque Street. Andy Chappell, Johnson County Attorney's office, appeared. Moved and seconded to accept correspondence from Mike Lehman. The Mayor declared the motion carried. Council Member Amy Correia stated she would be abstaining due to a conflict of interest. Moved and seconded that the ordinance vacating the alley located north of Benton Street between Clinton Street and Dubuque Street (V AC06-00001), be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution amending the FY2006 Operating Budget. City Manager Atkins presented information on the resolution and procedure. Moved and seconded to adopt RES. 06-161, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2006. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control" and Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations, "to allow dogs to be off leash in Thornberry Off-Leash Dog Park, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-162, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2007 AGREEMENT BETWEEN THE CITY OF Official Actions May 23, 2006 Page 5 IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Moved and seconded to defer to June 13 a resolution authorizing the Mayor to sign and the City Clerk to attest a lease agreement for the lease of approximately 760 square feet of commercial space located within the Court Street Transportation Center. The Mayor declared motion carried. Moved and seconded to adopt RES. 06-163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, INC., D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE. Moved and seconded to adopt RES. 06-164, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOOODS" (PIN) GRANTS FUNDS. The following individuals (representing neighborhoods) appeared: Michael Wright, 815 Roosevelt St., Longfellow; Jeanette Carter, 424 Oakland Ave., Longfellow; Anita Nicholson, 19 Galway Circle, Galway Hills; Shirley Lekin, 830 Walnut St., Oak Grove; Tracy Hightshoe, 109 Amhurst St., Washington Hills; Nancy Carlson, 1002 E. Jefferson, College Green; Tim Weitzel, 523 Grant St., Longfellow; Jean Walker, 335 Lucon Dr., Melrose; Marla Edwards, 1754 Lakeside Dr., Wetherby Friends and Neighbors. The Mayor stated that no action is needed on the resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Grand Avenue Roundabout 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 accept correspondence from Michael Crane, Steve Thayer, Michaelanne Widness. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-165, FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING THE WORK FOR EMERGENCY REPAIR PROJECTS AT THE ROBERT A. LEE RECREATION CENTER, COURT STREET TRANSPORTATION CENTER, DUBUQUE STREET RAMP (B RAMP), CAPITOL STREET RAMP (A RAMP), CHAUNCEY SWAN RAMP, CITY HALL AND THE IOWA CITY PUBLIC LIBRARY. Moved and seconded to adopt RES. 06-166, AWARDING CONTRACT to REEP, Inc. for $ 654,960.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER EXTERIOR GLAZING AND PANEL REPLACEMENT PROJECT, and amending to add the replacement of the privacy fence by the pool for $17,500. Moved and seconded to adopt RES. 06-167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 12, 2006 THROUGH JULY 10, 2006. The Mayor announced the current vacancy: Telecommunications Commission to fill an unexpired term ending March 13,2007. Applications must be received by 5:00 p.m., Wednesday, July 12, 2006. Moved and seconded to accept correspondence from Michael Official Actions May 23, 2006 Page 6 The Mayor noted the previously announced vacancies of 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 to fill an unexpired term ending March 29, 2009; Housing and Community Development Commission for two vacancies (1) to fill an unexpired term plus a three-year term ending September 1, 2009, (1) to fill an unexpired term ending September 1, 2007. Applications must be received by 5:00 p.m., Wednesday, June 7, 2006. Moved and seconded to make the following appointments to the Historic Preservation Commission: Ginalie Swaim, 1024 Woodlawn, as Woodlawn representative and Pam Michaud, 109 S. Johnson, as College Green representative, to fill three-year terms March 29, 2006 - March 29, 2009. The Mayor declared the motion carried. Moved and seconded to adjourn meeting at 9:10 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/Mariaa....K..; K.arr, City S!rrk .. / / /I~~ ~. 1\:"d-VU Submitted for publication - 6/1/06. ~LJ~ 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 MAY 23, 2006 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Davidson, Fowler, Logsden, Hargadine, Klingaman. Council minutes tape recorded on Tape 06-41, Side 2; Tape 06-42, Side 1. The Mayor proclaimed Summer of the Arts - May 19 - September 16, 2006, Katie Rocha, Executive Director, accepting. MidAmerican Energy representative Terry Smith presented a $10,000 check to the City designated to the Tornado Damaged Tree Replacement Project. Moved by Champion, 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: May 1, Regular Council Work Session; May 2, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission - April 12, 2006; Airport Commission- May 1, 2006; Airport Commission - April 13, 2006; Board of Adjustment - April 13, 2006; Public Library - March 30, 2006; Police Citizens Review Board - March 21, 2006; Historic Preservation Commission - April 13, 2006; Historic Preservation Commission - April 27, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class E Liquor License for Cigarette Outlet, Inc., dba Cigarette Outlet #18, 1901 Broadway St. Suite 3. Renewal: Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn Street; Class B Wine Permit for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn Street; Class C Beer Permit for La Reyna, Inc., dba La Reyna, 1937 Keokuk St.; Class C Beer Permittor Nordstrom Oil Co. dba Dubuque Street HandiMart, 204 N. Dubuque St.; Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 South; Class C Beer Permittor Suburban Investors, LC, dba Suburban BP AMOCO, 370 Scott Court; Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 First Ave. South; Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St.; Temporary Transfer of a Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St. (City Park/Riverside Festival Stage 6/12/06- 7/10/06); Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 East; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Class C Beer Permit for Goosetown Market, Inc., dba Goosetown Market, Inc., 600 N. Dodge St. Suite B. Motions: Approve disbursements in the amount of $8,592,748.02 for the period of March 1 through March 31, 2006, as recommended by the Finance Director subject Complete Description May 23, 2006 Page 2 to audit; approve disbursements in the amount of $7,274,621.80 for the period of April 1 through April 30, 2006, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 06-149, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2667 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13,2006; RES. 06-150, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 617 BROOKSIDE DRIVE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13,2006; RES. 06-151, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2673 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13, 2006; RES. 06-152, INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WESTSIDE AUTOMOTIVE L.L.C. FOR AN UNDEVELOPED .95 ACRE PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF HIGHWAY 1 WEST BETWEEN THE MORMON TREK BOULEVARD AND DANE ROAD INTERSECTIONS, AND TO DISPOSE OF SAID PARCEL ACCORDANCE HEREWITH, AND SETTING A PUBLIC HEARING FOR JUNE 13, 2006; RES. 06-153, INTENT TO ENTER INTO A LEASE AGREEMENT FOR THE LEASE OF THE BUILDING LOCATED AT 2401 SCOTT BOULEVARD TO IOWA VALLEY HABITAT FOR HUMANITY AND SETTING PUBLIC HEARING ON SAID LEASE FOR JUNE 13,2006. Resolutions: RES. 06-154, APPROVING AN EARLY OCCUPANCY AGREEMENT FOR IOWA VALLEY HABITAT FOR HUMANITY AND THE BUILDING LOCATED AT 2401 SCOTT BOULEVARD; RES. 06-155, APPROVING THE DESIGN OF NEW EXTERIOR DOORS FOR THE MAHARISHI ENLIGHTENMENT CENTER ON THE CLINTON STREET ELEVATION OF OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET; RES. 06-156, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 131 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 06-157, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST, CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3035 STANFORD AVENUE, IOWA CITY, IOWA; RES. 06-158, ACCEPTING THE WORK FOR THE IOWA RIVER DAM RENOVATION PROJECT; RES. 06-159, ACCEPTING THE WORK FOR THE GRAND AVENUE IMPROVEMENTS PROJECT; RES. 06-160, IN SUPPORT OF AN APPLICATION BYTHE HOUSING TRUST FUND OF JOHNSON COUNTY FOR FUNDS FROM THE STATE HOUSING TRUST FUND. Correspondence received from Andy Johnson. Correspondence: Jerry Anthony regarding General Obligation Bond to the Housing Fellowship; Bev Weismann, John Rutherford letters regarding College St. traffic calming; Jay Christensen-Szalanski regarding New Economic Proposal and Request for meeting; John and George Dane regarding Future Park; Joe Assouline regarding City inspection on rental units; Virginia Stamler regarding Angel memorial in the City Park; John McCown regarding Speeding Ticket [Staff response included]; Clifford Pirnat regarding City Park pathway repair [Staff response included]; Tom Riley Complete Description May 23, 2006 Page 3 regarding MidAmerican Franchise; Ed Romano regarding Weed ordinance [Staff response included]; Ban smoking letter from Lindy Malliet, Andrea Vavrik, Kelly Rilett, Kerri Purcell, Maureen Pope, Jenn Basile, Ashley Heinkel; Jim Ephgrave regarding Givanni's conversion of a public right-of-way to private use; Tundi Brady regarding City park pool renovation; Marybeth Slonneger regarding After the tornado; Nick Nassif Jr. regarding Shoe Doctor Repair Shop; Teja Huntley regarding Affordable homes in Iowa City and Johnson County; Cheryl Nelson regarding CTS Services. Individual Council Members pointed out items. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. Andy Johnson, Executive Director of the Housing Trust Fund of Johnson County, thanked Council for their support of the grant application contained in the Consent Calendar. Joe Assouline appeared regarding his letter on the Consent Calendar on city inspection fee for rental units. Dell Richard, 1250 Melrose Avenue, President of the Johnson County Historical Society, thanked Council for their allocation of $4000 to the Society and updated activities of the group. Moved by Champion, seconded by Bailey, to accept correspondence from Mr. Richard. The Mayor declared the motion carried unanimously, 710, all Council Members present. A public discussion was held on proposed transit route changes. The following individuals appeared: Austin Baeth; Janelle Rettig, 110 Shrader Rd.; Candy Barnhill, 154 Friendship St.; and Peter McElligott, University of Iowa Student Government President. Parking & Transit Director Fowler and Transit Mgr. Logsden present for discussion. Moved by Champion, seconded by Vanderhoef, to accept correspondence from Tim and Jacki Brennan, Monika Capper, Deana Gholson, JoAnn Miller, Charlotte Walker. The Mayor declared the motion carried unanimously, 710, all Council Members present. A public hearing was held on an ordinance conditionally changing the zoning designation of 11.36 acres (Ace Auto Recyclers) from General Industrial (1-1) to Intensive Industrial (1-2) for property located east of Riverside Drive. No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance conditionally changing the zoning designation of 11.36 acres (Ace Auto Recyclers) from General Industrial (1-1) to Intensive Industrial (1-2) for property located east of Riverside Drive, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Bailey, Champion, Correia, Elliott. Nays: Vanderhoef. Absent: None. A public hearing was held on an ordinance rezoning properties associated with University of Iowa to Institutional Public (P2): 511 South Madison Street and 620 and 624 South Madison Streetfrom Intensive Commercial (CI-1) to (P2); Lots 14 and 15 in Grand Avenue Court Addition and 320 Melrose Avenue from Medium Density Single Family Residential (RS-8) to (P2); Lot 4 in Melrose Court Addition, 223 Lucon Drive, 609 Melrose Avenue, and 3 Oak Park Court, from Low Density Single Family Residential (RS-5) to (P2); 322 North Clinton from Planned High Density Multi-Family Residential (PRM) to (P2); 430 and 530 North Clinton from High Density Multi-Family Residential (RM-44) to (P2); and Old Capitol Mall from Central Business (CB-10) to (P2/CB-10). No one appeared. Moved by O'Donnell, seconded by Correia, that the ordinance rezoning properties associated with University of Iowa to Institutional Public (P2): 511 South Madison Street and 620 and 624 South Madison Street from Intensive Commercial (CI-1) to (P2); Lots 14 and 15 in Complete Description May 23, 2006 Page 4 Grand Avenue Court Addition and 320 Melrose Avenue from Medium Density Single Family Residential (RS-8) to (P2); Lot 4 in Melrose Court Addition, 223 Lucon Drive, 609 Melrose Avenue, and 3 Oak Park Court, from Low Density Single Family Residential (RS-5) to (P2); 322 North Clinton from Planned High Density Multi-Family Residential (PRM) to (P2); 430 and 530 North Clinton from High Density Multi-Family Residential (RM-44) to (P2); and Old Capitol Mall from Central Business (CB-10) to (P2/CB-10), 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 properties the following properties associated with the City of Iowa City and the Iowa City Public School District to Neighborhood Public (P1) and the Iowa National Guard to Institutional Public (P2): Benton Hill Park, Whispering Meadows Wetland Park, Outlot associated with East Hill Subdivision, Outlot associated with Longfellow Manor, and Outlot associated with Walden Wood Part 9 from Medium Density Single Family Residential (RS-8) to (P1); properties associated with Glendale Park, Hunter's Run Park, Windsor Ridge Park, Grant Wood Elementary School and Irving Weber Elementary School from Low Density Single Family Residential (RS-5) to (P); properties associated with Weatherby Park and the Sycamore Greenway Trail from Interim Development Single Family Residential (ID-RS) to (P1); properties associated with Court Hill Trail from Medium Density Multi-Family Residential (RM-20) to (P1); and properties associated with Harlocke Hill Park from Overlay Planned Development/High Density Multi-Family Residential (OPD/RM-44) to (P1); and Fire Station #4 at the intersection of Scott Boulevard and North Dodge Street from Rural Residential (RR-1) to (P1) property located on the north side of Melrose Avenue, west of Highway 218 from (P1) to Institutional Public (P2). No one appeared. Moved by Bailey, seconded by O'Donnell, that the ordinance rezoning properties the following properties associated with the City of Iowa City and the Iowa City Public School District to Neighborhood Public (P1) and the Iowa National Guard to Insitutional Public (P2): Benton Hill Park, Whispering Meadows Wetland Park, Outlot associated with East Hill Subdivision, Outlot associated with Longfellow Manor, and Outlot associated with Walden Wood Part 9 from Medium Density Single Family Residential (RS-8) to (P1); properties associated with Glendale Park, Hunter's Run Park, Windsor Ridge Park, Grant Wood Elementary School and Irving Weber Elementary School from Low Density Single Family Residential (RS-5) to (P); properties associated with Weatherby Park and the Sycamore Greenway Trail from Interim Development Single Family Residential (ID-RS) to (P1); properties associated with Court Hill Trail from Medium Density Multi-Family Residential (RM-20) to (P1); and properties associated with Harlocke Hill Park from Overlay Planned Development/High Density Multi-Family Residential (OPD/RM-44) to (P1); and Fire Station #4 at the intersection of Scott Boulevard and North Dodge Street from Rural Residential (RR-1) to (P1). property located on the north side of Melrose Avenue, west of Highway 218 from (P1) to Institutional Public (P2), be given first vote. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating the alley located north of Benton Street between Clinton Street and Dubuque Street. Andy Chappell, Johnson County Attorney's office, appeared. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Mike Lehman. The Mayor declared the motion carried unanimously, 710, all Council Members present. Complete Description May 23, 2006 Page 5 Council Member Amy Correia stated she would be abstaining due to a conflict of interest. Moved by O'Donnell, seconded by Elliott, that the ordinance vacating the alley located north of Benton Street between Clinton Street and Dubuque Street (VAC06-00001), be given first vote. The Mayor declared the motion carried unanimously, 6/0/1, Correia abstaining. A public hearing was held on a resolution amending the FY2006 Operating Budget. City Manager Atkins presented information on the resolution and procedure. Moved by Champion, seconded by Bailey, to adopt RES. 06-161, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2006. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control" and Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations, "to allow dogs to be off leash in Thornberry Off-Leash Dog Park, 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. 06-162, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2007 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to defer to June 13 a resolution authorizing the Mayor to sign and the City Clerk to attest a lease agreement for the lease of approximately 760 square feet of commercial space located within the Court Street Transportation Center. The Mayor declared motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, to adopt RES. 06-163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, INC., D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Correia, to adopt RES. 06-164, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOOODS" (PIN) GRANTS FUNDS. The following individuals (representing neighborhoods) appeared: Michael Wright, 815 Roosevelt St., Longfellow; Jeanette Carter, 424 Oakland Ave., Longfellow; Anita Nicholson, 19 Galway Circle, Galway Hills; Shirley Lekin, 830 Walnut St., Oak Grove; Tracy Hightshoe, 109 Amhurst St., Washington Hills; Nancy Carlson, 1002 E. Jefferson, College Green; Tim Weitzel, 523 Grant St., Longfellow; Jean Walker, 335 Lucon Dr., Melrose; Marla Edwards, 1754 Lakeside Dr., Wetherby Friends and Neighbors. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor stated that no action is needed on the resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Grand Avenue Complete Description May 23,2006 Page 6 Roundabout 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 by Vanderhoef, seconded by Bailey, to accept correspondence from Michael Crane, Steve Thayer, Michaelanne Widness. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-165, FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING THE WORK FOR EMERGENCY REPAIR PROJECTS AT THE ROBERT A. LEE RECREATION CENTER, COURT STREET TRANSPORTATION CENTER, DUBUQUE STREET RAMP (B RAMP), CAPITOL STREET RAMP (A RAMP), CHAUNCEY SWAN RAMP, CITY HALL AND THE IOWA CITY PUBLIC LIBRARY. 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. 06-166, AWARDING CONTRACT to REEP, Inc. for $ 654,960.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER EXTERIOR GLAZING AND PANEL REPLACEMENT PROJECT, and amending to add the replacement of the privacy fence by the pool for $17,500. 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. 06-167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 12,2006 THROUGH JULY 10, 2006. 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 announced the current vacancy: Telecommunications Commission to fill <;In unexpired term ending March 13, 2007. Applications must be received by 5:00 p.m., Wednesday, July 12, 2006. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Michael Christians. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies of 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 to fill an unexpired term ending March 29, 2009; Housing and Community Development Commission for two vacancies (1) to fill an unexpired term plus a three-year term ending September 1, 2009, (1) 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 Correia, to make the following appointments to the Historic Preservation Commission: Ginalie Swaim, 1024 Woodlawn, as Woodlawn representative and Pam Michaud, 109 S. Johnson, as College Green representative, to fill three-year terms March 29, 2006 - March 29, 2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Correia thanked the Historic Preservation Commission for holding extra meetings to assist tornado victims; congratulated Johnson County AARP and the consortium for the "Successful Aging" event held earlier that afternoon; and stated Johnson Complete Description May 23, 2006 Page 7 County is making County prescription cards available to county residents which provide 20% on the cost of prescriptions. Mayor Pro tem Bailey congratulated performers involved in the vaudeville show for Older Americans Month which raised funds for Hospice of Iowa City; and reminded everyone of Arts Fest starting June 2nd in downtown Iowa City. Council Member Elliott reported on a traffic light problem on Burlington Street. The City Manager will follow up; and questioned the City cost for the Wal Mart litigation. The City Attorney stated the matter is being litigated in house so most costs are staff time. Mayor Wilburn thanked everyone who helped with the successful Crisis Center Breakfast noting AARP gathered 3,000 pounds of food; and displayed the first of a series of collector baskets offered for purchase with the proceeds going to the Johnson County Fair. This year's fair will be held July 24th_28th. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 9:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk