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HomeMy WebLinkAbout2006-06-27 Council minutes m: 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 27,2006 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, Boothroy, Okerlund. Council minutes tape recorded on Tape 06-53, Both Sides; Tape 06-54, Side 1. The Mayor proclaimed Childhood Cancer Awareness Week: July 3 - July 10, 2006. 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 Consent Calendar Item 3d(1), By-Laws of Youth Advisory Board and add item 3c(16), correspondence from Larry Wilson regarding Burlington Street Median project: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: June 12, Special Council Work Session; June 13, Special Council Work Session; June 13, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Board of Adjustment - May 10, 2006; Youth Advisory Commission - May 25, 2006; Senior Center Commission - May 23,2006; Public Library - April 27, 2006; Airport Commission - May 31,2006; Airport Commission - May 11,2006; Police Citizens Review Board - May 9,2006; Civil Service Commission - June 7, 2006; Public Art Advisory Committee - April 6, 2006; Senior Center Commission - April 18, 2006; Historic Preservation Commission - May 18, 2006; Historic Preservation Commission- May 25, 2006; Parks and Recreation Commission - May 10, 2006; Historic Preservation Commission - May 11, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafe, 19 S. Dubuque St.; Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Highway 1 West; Class C Liquor License for Roy L. ChopeklWalter L. "Bud" Ott, Post 17, Iowa American Legion, dba American Legion Roy L. Chopek Post #17, 3016 Muscatine Ave.; Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118 E. College St.; Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave.; RES. 06-199, TO ISSUE CIGARETTE PERMITS; RES. 06-200, TO ISSUE DANCE PERMIT to Iowa City Aerie #695 Fraternal Order of Eagles dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Highway 1 West; Outdoor Service Area for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St. Resolutions: RES. 06-201, APPROVING AND AUTHORIZING EXECUTION OF A DECLARATION OF CONDOMINIUM REGIME FOR LOT 12, LONGFELLOW _..___________.__.._._.._____....""~.__.___,.._.___..__._~._._.__._..,_~.__..._,..,_...__.__~___..__~_~__.__'_._.m__._.______..._._...n.____ _... ____."...._.. ._...___.......__.....__..__.__.._.._...w___......____ Complete Description June 27, 2006 Page 2 MANOR CONDOMINIUMS; RES. 06-202, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED AT 850 PAGE STREET, IOWA CITY, IOWA; RES. 06-203, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 813 2nd AVENUE, IOWA CITY, IOWA; RES. 06-204, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1935 EAST COURT STREET, IOWA CITY, IOWA; RES. 06-205, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 2116 WESTERN ROAD, IOWA CITY, IOWA. Correspondence: Roxanne Schomers regarding Animal Shelter; Iowa City Schools letters from Edwin Stone, Gary Whittington(x2); Bob Hoff regarding Skatepark additions; Martin Diaz regarding Hedge trimming issue; Janet Maxson regarding Thank you; Kurt Friese regarding Dairy Queen; Kerri Walter regarding Bus Routes [staff response included]; John Murphy regarding MidAmerican Energy contract; Garry Klein regarding Dump the Pump Day; Naftaly Stramer regarding Parking at the Art & Jazz Festivals [staff response included]; Donna Hirst regarding Brown Street Historic District; Jay and Michelle Geisen regarding House at 17 S Governor St.; Laura Stern regarding Thatcher Mobile Home Park; Gary Sanders regarding Referendum Proposal (Wal-Mart); Cheryl Nelson regarding Ambassadors to Cities; Larry Wilson regarding Burlington Street Median Project. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Gary Sanders inquired as to his correspondence requesting a referendum election on the Wal-Mart proposal to build a Super center. Tony Altimus appeared regarding vending on City streets, and the Mayor noted agenda number 13 dealt with that matter and asked that Mr. Altimus appear during discussion of that item. Moved by Bailey, seconded by Correia, setting a public hearing for July 18 on an ordinance conditionally rezoning 1.39-acres of land located at 1820 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC-2) (REZ06-000014). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to adopt RES. 06-206, INTENT TO CONVEY FORMER BENTON STREET RIGHT-OF-WAY AND AUDITOR'S PARCEL NO. 2006081 LOCATED TO THE NORTH AND EAST OF 708 S. RIVERSIDE DRIVE, TO PROFESSIONAL MUFFLER INC, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JULY 18, 2006. Council requested staff prepare information for a discussion of street projects in the area for the July 17 work session. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance vacating a portion of the Old West Benton Street Right-of-Way located North of the current West Benton Street (Professional Muffler) and East of South Riverside Drive (VAC06-00003). No one appeared. Moved by Bailey, seconded by Correia, that the ordinance vacating a portion of the Old West Benton Street Right-of-Way located North of the current West Benton Street Complete Description June 27,2006 Page 3 (Professional Muffler) and East of South Riverside Drive, be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Correia, Elliott, O'Donnell, Wilburn, Bailey, Champion. Nays: Vanderhoef. Absent: None. A public hearing was held on an ordinance rezoning property located at 619 Kirkwood Avenue from Low Density Single-Family Residential (RS-5) to Commercial Office (CO-1) Zone (REZ06-00012) (Bruce Teague). The fOllowing individuals appeared: Winifred Holland, 1104 Diana St.; property owner Bruce Teague, Julie Hausman, 1038 Diana St.; and Mike Lensing, 605 Kirkwood. PCD Director Franklin present for discussion. Moved by Bailey, seconded by O'Donnell, to accept correspondence from Winifred Holland. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, that the ordinance rezoning property located at 619 Kirkwood Avenue from Low Density Single-Family Residential (RS-5) to Commercial Office (CO-1) Zone (REZ06-00012), be given first vote. Individual Council Members expressed their views. PCD Director Franklin present for discussion. The Mayor declared the ordinance defeated unanimously, 0/7, all Council Members present. A public hearing was held on an ordinance rezoning property located along South Gilbert Street, South of Waterfront Drive and North of Southgate Avenue, from Intensive Commercial (CI-1) to Community Commercial (CC-2) Zone (REZ05-00022). No one appeared. Moved by O'Donnell, seconded by Bailey, that the ordinance rezoning property located along South Gilbert Street, south of Waterfront Drive and north of Southgate Avenue, from Intensive Commercial (CI-1) to Community Commercial (CC-2) (REZ05-00022), 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 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). Florence Stockman 132 Eversull Lane appeared. Moved by Bailey, seconded by Champion, that the ordinance conditionally 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), be given first vote. PCD Director Franklin present for discussion. Majority of Council requested staff present information on the street design project for the area. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, 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. No one appeared. Moved by Bailey, seconded by O'Donnell, that the 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 Complete Description June 27,2006 Page 4 Street Parking and Loading Standards, and Article 8A, General Definitions, be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Wilburn, Bailey, Champion, Correia, O'Donnell, Vanderhoef. Nays: Elliott. Absent: None. A public hearing was held on an ordinance vacating a portion of Dane Road south of Highway 1 (VAC06-00002). No one appeared. Moved by Champion, seconded by Vanderhoef, that the ordinance vacating a portion of Dane Road south of Highway 1 (VAC06-00002), 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 vacating a portion of Ruppert Road within Aviation Commerce Park North (VAC06-00004). Moved by Champion, seconded by Bailey to continue public hearing to July 18. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Champion, to defer to July 18 a resolution vacating a portion 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 Vanderhoef, seconded by Bailey, to defer to July 18 a resolution approving the Final Plat of Aviation Commerce Park North (a Re-Subdivision of North Airport Development and North Airport Development Part Two), Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 06-4216, VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET. (VAC06-00001), be passed and adopted. The Mayor declared the ordinance adopted, 6/0/1, Correia abstaining due to a conflict of interest. A public hearing was held on a resolution authorizing conveyance of 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. Asst. County Atty. Andy Chappell thanked the City for their cooperation on this project. Moved by Champion, seconded by Elliott, to adopt RES. 06-207, AUTHORIZING CONVEYANCE OF 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. The Mayor declared the resolution adopted, 6/0/1, Correia abstaining due to a conflict of interest. A public hearing was held on a resolution authorizing conveyance of a single family home located at 940 Longfellow Court. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-208, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 940 LONGFELLOW COURT. 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 426 Bayard Street to Frantz Construction Company Inc. The following individuals appeared: Susan Enzle, 216 Magowan Ave.; and Tom Stalter, 421 Bayard St. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Susan Enzle, Timothy Stalter, Kristina Stalter, Elspeth Stalter, Elliott Stalter. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description June 27, 2006 Page 5 Moved by Bailey, seconded by O'Donnell, to adopt RES. 06-209, AUTHORIZING CONVEYANCE OF 426 BAYARD STREET TO FRANTZ CONSTRUCTION COMPANY INC. Individual Council Members expressed their views. 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 the Mayor to sign and City Clerk to attest a lease agreement with Grounds for Dessert Coffeehouse, Inc. for approximately 2,460 square feet of commercial space located within the Court Street Transportation Center. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-210, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH GROUNDS FOR DESSERT COFFEEHOUSE, INC. FOR APPROXIMATELY 2,460 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET TRANSPORTATION CENTER. Individual Council Members expressed their views. 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 an easement to Qwest Corporation for utility lines. No one appeared. Moved by Champion, seconded by Correia, to adopt RES. 06-211, AUTHORIZING CONVEYANCE OF AN EASEMENT TO QWEST CORPORATION FOR UTILITY LINES. 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 of a third amendment to a purchase agreement between the City of Iowa City and Wal-Mart Real Estate Business Trust for approximately 21.76 acres of property lying within Lots 10 through 17 of North Airport Development Subdivision and Lots 2, through 4 of the North Airport Development Subdivision - Part Two. The following individuals appeared: Atty. Wally Taylor, representing Iowa City Stop Wal-Mart and 1,000 Friends of Iowa groups; Gary Sanders; and Evan Fales, 1215 Oakcrest St. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Emily Bennett. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Elliott, to adopt RES. 06-212, APPROVING OF A THIRD 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. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote. Ayes: Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Bailey, Champion, Correia. Absent: None. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Ridge Road Water Main Boring 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 June 27,2006 Page 6 Moved by Bailey, seconded by O'Donnell, to adopt RES. 06-213, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIDGE ROAD WATER MAIN BORING 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. Civil Engr. Okerlund present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Elliott, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 06-4217, 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 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 Elliott, 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 O'Donnell, 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 second vote. The following individuals appeared: Tony Altimus; Can Dogan, representing Hadi's Grill; and Hicham Elhani, representing Hadi's Grill. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Champion. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept petitions from Can Dogan supporting street vendors. The Mayor declared the motion carried unanimously,7/0, all Council Members present. 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. 06-4218, AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 6, ENTITLED "PERSONS UNDER EIGHTEEN YEARS OF AGE," BY REPEALING SECTION 1B BECAUSE THE STATE HAS ENACTED A MORE COMPREHENSIVE EDUCATION PROVISION, 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 Champion, seconded by Bailey, to consider agenda items Numbers 19 and 20 at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, to adopt RES. 06-214, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT Complete Description June 27, 2006 Page 7 BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Animal Services Supr. Goodman present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-215, ESTABLISHING AN ANIMAL CARE TASK FORCE. Animal Services Spur. Goodman present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Correia, that the ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licenses and Beer Permits," by amending Section 3 to eliminate the requirement that Johnson County officials approve applications for alcohol licenses and permits and to make additional changes resulting from the State's new electronic filing system and the increased inspections by the Fire Department, 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, to adopt RES. 06-216, APPROVING THE POLICE CHIEF'S GUIDELINES FOR DETERMINING WHETHER APPLICANTS FOR INITIAL AND RENEWAL LIQUOR LICENSES, BEER PERMITS AND WINE PERMITS ARE OF "GOOD MORAL CHARACTER". Moved by Elliott to amend the resolution to eliminate the reference of the request for law enforcement for fighting or disorderly conduct. The Mayor declared the motion dead for lack of a second. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Angie Reams, Mary Khowassah, Jim Clayton. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to adopt RES. 06-217, AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING ONE FULL-TIME AND FOUR PART-TIME (.75) MASS TRANSIT OPERATOR POSITIONS. 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. 06-218, APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE PENINSULA PARK SCULPTOR'S SHOWCASE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-219, 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MCCOLLISTER BOULEVARD IOWA RIVER BRIDGE PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor announced the current vacancy: Historic Preservation Commission to fill an unexpired term ending March 29, 2008. Applications must be received by 5:00 p.m., Wednesday, August 16, 2006. Complete Description June 27,2006 Page 8 The Mayor noted the previously announced vacancies: Telecommunications Commission to fill an unexpired term ending March 13,2007. Applications must be received by 5:00 p.m., Wednesday, July 12, 2006; Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31, 2011; Airport Zoning Commission to fill a six- year term January 1,2006 - December 31,2011. Housing and Community Development Commission for two vacancies to fill three-year terms September 1, 2006 - 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. [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 Correia congratulated outgoing Historic Preservation Commission Member Mike McHarry on his recent wedding and thanked him for his years of service; noted the Ambassador to City award ceremony and the cooperative work efforts on the part of the Housing Authority and the Iowa City Realtors; reported on her recent visit and tour of the Iowa City airport with Commission Member Janelle Rettig; and updated Council on the activities of the Youth Advisory Commission. Council Member Champion reported that over 500 permits had already been sold for the new Dog Park. Council Member O'Donnell thanked Bill Frantz and the neighborhood for their cooperative efforts in the agreement for construction on Bayard Street. Council Member Vanderhoef echoed earlier remarks by Council Member Correia regarding the Ambassador to City Award and stated she had referred someone to the housing lobbyists at the National League of Cities and asked staff to include in a workshop at the December or March conference. Mayor Pro tem Bailey reminded citizens of the Jazz Festival and the Riverside Shakespeare Festival coming up that week-end. Council Member Elliott noted his frustration and embarrassment with the Dairy Queen sign, and asked Council to expedite the review once the matter reached their agenda. Mayor Wilburn reminded citizens that certain processes must be followed and that it often takes times to work through those processes, noting the Dairy Queen sign and thanked the community for their patience; and reported the City Manager and he had participated in a discussion on homelessness by the Consultation of Religious Communities. City Manager Atkins summarized Council action taken that evening. Moved by O'Donnell, seconded by Bailey, to adjourn at 9:15 p.m. The Mayor declared the motloo ~",ed ",,"Imo",'y, 710, ,II Co",'" Mem~~ Jl L oss Wilburn, Mayor ~~--'-~ ~ ~~ Ma 'an K. Karr, City Clerk I! i ~~':A_~.... :t~I~i!:"t. -..::....;sr..IIII.~ .....,...~ . CITY OF IOWA CITY~ MEMORANDUM Date: June 21, 2006 To:' Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 12, 2006, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O"Donnell, Vanderhoef, Wilburn UISG Rep: Baeth Staff: Atkins, Helling, Karr, Dilkes, Boothroy, Long, Fowler, Logsden, Rackis, Franklin, Trueblood, logsden Tapes: 06-45, Side 2; 06-47, Both Sides; 06-48, Side 1 (A complete transcription is available in the City Clerk's Office) TRANSIT Parking & Transit Dir. Fowler, Transit Mgr. Logsden, Ass!. PCD Dir. Davidson, and City Manager Atkins presented infonnation. After discussion Council agreed to proceed with two new routes funded by small cities intensive transit grant; JCCOG will conduct JARC planning process and will have recommendation for Council in October. Majority of Council decided not to implement late night bus service at the present time but will await the evaluation as part of the JCCOG JARC planning process. STAFF ACTION: Proceed as outlined and report back hi October. (Davidson) CONSENT CALENDAR ADDITIONS City Clerk Karr stated staff would be adding to resolutions to the agenda. One setting a public. hearing for June 27 to convey an easement to Owest for utility lines; and. the second rescinding an earlier resolution appointing Dan Clay as non-voting member to the Airport Commission. SILO (SCHOOL INFRASTRUCTURE LOCAL OPTION) Majority directed the Mayor to send a letter to the School Board requesting to participate in revenues generated; and indicate the City's interest to work with the School Board on how that revenue would be shared. STAFF ACTION: Mayor's letter hand delivered June 13, and copy in June 2~ information packet. (Atkins) Council Work Session June 12, 2006 Page 2 KEMPER/FARMERS MARKET Parks & Recreation Dir. Trueblood present for discussion. Possible expansion and location change, application process, notification process, and review process were discussed. Majority of Council requested that the procedures and polices of the Farmers Market be reviewed by the Parks & Recreation Commission and recommendation be provided to Council. STAFF ACTION: Refer to Parks & Recreation Commission for recommendations. (Trueblood) PLANNING & ZONING ITEMS PCD Dir. Franklin present for discussion of the following items: A. SETTING 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. (REZ06-00012) (Teague) B. SETTING 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) C. SETTING 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) D. SETTING 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. E. SETTING A PUBLIC HEARING FOR JUNE 27 ON AN ORDINANCE VACATING DANE ROAD SOUTH OF HIGHWAY 1. (VAC06-00002) F. SETTING A PUBLIC HEARING FOR JUNE 27 ON AN ORDINANCE VACATING A PORTION OF OLD WEST BENTON STREET. (VAC06-00003) (Professional Muffler) G. SETTING A PUBLIC HEARING FOR JUNE 27 ON A RESOLUTION VACATING PORTIONS OF RUPPERT ROAD WITHIN AVIATION COMMERCE PARK NORTH (V AC06-D0004) Council Work Session June 12, 2006 Page 3 H. RESOLUTION OF 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. I. ORDINANCE 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) (SECOND CONSIDERATION) (Ace Auto) J. ORDINANCE REZONING PROPERTIES ASSOCIATED WITH THE UNIVERSITY OF IOWA TO INSTITUTIONAL PUBLIC (P2). K. ORDINANCE 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). L. ORDINANCE VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET. (VAC06-00001) (SECOND CONSIDERATION) (Johnson County) M. RESOLUTION APPROVING THE FINAL PLAT OF CARDINAL RIDGE - PART THREE, IOWA CITY, IOWA. (SUB05-00022) N. RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOLLYWOOD MANOR, PART 9, IOWA CITY, IOWA. (SUB06-o0005) O. 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) AGENDA ITEMS 1. (Consent Calendar # 4f (14) - Dubuque Street sidewalks ....) PCD Dir. Franklin reported that the City upgraded the road in 1986 or 1987 from North Dodge on the west leg of the Dubuque Road loop. When the upgrade was done the sidewalks were included as an assessment. Property owners protested the assessment and the City Council took the sidewalks out of the project. Franklin stated the project just went to Bristol and at that point it is a rural cross section. Council Work Session June 12, 2006 Page 4 HOUSING (CONTINUED DISCUSSION) IP2 of 6/8 information packet) The Council continued discussion on the Iowa City Scattered Site Housing Task Force recommendations dated October 11, 2005. Discussion resumed at recommendation # 9 and continued through # 15 and the Fair Share Matrix. Council requested information on the barriers to buying a home (# 11) and agreed to look at possible expansion of what City is doing to sustainable home ownership. Consensus agreed to educate and re-educate population. PCD Director Franklin present for discussion on inclusionary zoning. Correia noted an article from the Center for Community Change and stated she could include in the next packet. Majority agreed to hold off on further discussion of inclusionary zoning until after a recommendation is received from a collaborative group made up of the Home Builders and Housing Authority. Regarding # 13, Council requested a copy of the Neighborhood Housing Relations Task Force recommendations, how those recommendations are being implemented and enforced, and number of complaints. STAFF ACTION: Correia to provide Karr with article for June 15 packet. (Karr) Summarize discussion and present update from Neighborhood Housing Relations Task Force. (Atkins) COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - no applicants, readvertise Airport Zoning Commission - no applicants, readvertise Historic Preservation Commission - Tim Toomey Mayor left due to a conflict of interest; Mayor Pro tem Bailey presiding Housing & Community Development Commission - Marcy DeFrance (unexpired plus 3 year) Holly Jane Hart (unexpired) Mayor returned to meeting. AGENDA ITEMS (continued) 2. (Consent Calendar item # 4d(4) and # 4d(5) - Wal-Mart issues) Council Member Champion requested that both be removed for separate discussion at the formal meeting. City Atty. Dilkes clarified that the first item dealt with a request to purchase additional land on the east side; and the second dealt with a request for an extension until the appeal is resolved. Majority agreed to pull both from the Consent Calendar. 3. (Agenda item # 10 - resolution .... Lease agreement .... Habitat for Humanity) In response to Mayor Pro tem Bailey, City Atty. Dilkes stated clause # 7 seems to limit the use to six days a week and certain hours and questioned why it is being limited. City Atty. Dilkes will follow up but suggested that the words "at least" could be added to suggest a minimum and not limit. 4. (Agenda item # 25 - resolution awarding contract ... 2005 Asphalt Overlay Project) The City Manager stated his reluctance to award the bid or postpone it. He would provide a recommendation at the formal meeting. Council Work Session June 12,2006 Page 5 5. (Agenda item # 24 - resolution approving ... a retiree medical and dental expense reimbursement plan) Council Member Elliott stated he had concerns regarding not using vacation and being paid for unused vacation, and he would follow up prior to the vote the next evening. 6. (Agenda item # 15 - resolution establishing daily fees ... Thornberry Off-Leash Dog Park) Parks & Recreation Dir. Trueblood responded to questions. 7. (Consent Calendar # 4d(2) - resolution of intent to convey.... 426 Bayard Street ... and setting public hearing fro June 27, 2006) Council Member Elliott raised concerns regarding setting the hearing prior to getting the recommendations. City Atty. Dilkes stated there are timing factors issues due to construction season. City Clerk Karr noted present Council direction that staff provides action the same night as the hearing but that at any time Council may continue the hearing and/or defer action to another meeting. 8. (Agenda item # 17 - Ordinance amending Title 8, ... repealing Section 1 B because the state has enacted a more comprehensive education provision) City Atty. Dilkes and City Clerk Karr responded to Council Member Vanderhoef questions regarding continued inspection and lost revenues. A revised procedure for liquor licensing would be presented to Council at their next meeting. 9. (Consent Calendar # 4f(9) - Preservation of Montgomery - Butler house) In response to Council Member Correia, PCD Dir. Franklin reported that when the City first obtained the house other organizations were approached to take over the house and use as an educational facility and no one had the money; there is an individual who is potentially interested in buying it and restoring it but no final decision has been made. 10. (Consent Calendar # 4f(15) - Thatcher Mobile Home Park) In response to Council Member Correia, the City Manager stated a response to her letter was being prepared for the next information packet. 11. (Consent Calendar # 4f(2) - Proposed sidewalk cafe at 100 S. Linn Street) Council Member Vanderhoef raised concerns regarding noise levels and how the operation may affect the ramp next to the building. The City Manager will respond that there are regulations that must be complied with for operations to continue. Council agreed to reconvene for discussion of "SCHEDULE OF PENDING DISCUSSION ITEMS" at 5:30 Tuesday, June 13, and bring their calendars for scheduling purposes. Meeting adjourned 10:00 PM. I! I =;~~-~.... f~~!:'"y. ~ ..aul~ .......~ . 1];:" 3a 2 CITY OF IOWA CITY MEMORANDUM Date: June 21, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 13, 2006, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr Tapes: 06-49, Side 1 (Tape broke; transcription start mid meeting) SCHEDULE OF PENDING DISCUSSION ITEMS (IP3 of 6/8 Info Packet) Council reviewed the City Manager memo and agreed to the following additions: . Add Farmers Market Procedures (referred to Parks & Recreation for recommendation) . Add Public Works Yard . Ask department heads for additions to list The following items on the City Manager memo were assigned the following discussion dates: Liquor License Procedures Crime Stoppers Housing Fellowship Mid-American Franchise Housing Policy (inclusionary zoning separate) Transit Route Policy Aid to Agencies funding Homeless Joint Communications Center Eastside Recycling Center/concept plan Parking in City Parks/football week-ends Fire Station # 2 Fire Station # 4 SILO School Sales Tax/agreement Burlington Street Median/concept plan Sand Lake (to be named)/concept plan Grand Avenue Roundabout/concept plan Public Works Yard June 26 June 26 Ongoing June 26 City Manager to provide summary Confirming memo from staff August (prior to budget) Ongoing CM to present at JCCOG June 28 June 26 July 17 July 17 August 21 School Timeline July 31 July 31 July 31 August 21 Council Work Session June 13, 2006 Page 2 Council evaluations of the City Manager, City Attorney, and City Clerk were scheduled for 9:00 a.m. until noon, Monday, July 10. The Mayor will prepare information for distribution including contracts and job descriptions of each employee. Meeting adjourned 6:55 p.m. 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 - 6/13/06 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor 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 and seconded 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 Official Council Actions June 13, 2006 Page 2 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 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 St. 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. Official Council Actions June 13, 2006 Page 3 'Revised 6/26/06 Correspondence: JCCOG Traffic Engineering Planner regarding Removal of one parking meter and installation of two NO PARKING 2am - 6 am TOW AWAY ZONE LOADING ZONE 15 MINUTE LIMIT 8am - 2 am signs; Robert Burns regarding Proposed Sidewalk Cafe at 100 S. Linn SI.; 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-179, INTENT TO APPROVE A THIRD 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. Moved and seconded 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. Gary Sanders and Bob Downer, atty. for Wal-Mart appeared. The Mayor declared the resolution defeated. 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 and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Official Council Actions June 13, 2006 Page 3 Correspondence: JCCOG Traffic Engineering Planner regarding Removal of one parking meter and installation of two NO PARKING 2am - 6 am TOW AWAY ZONE LOADING ZONE 15 MINUTE LIMIT Bam - 2 am signs; Robert Burns regarding Proposed S'dewalk Cafe at 100 S. Linn St.; Naftaly Stramer regarding Parking at the Art and Jazz estivals; Debra Delaet and Todd Knoop regarding C ty Park pool; Katy Maher regardin Rental complaint [Staff response included]; Tish rorby regarding Thank you to 911 erators; Rick Kaster regarding AOL News-T n of Hercules Blocks Wal-Mart; P i Kemper(x3) regarding Farmers Market C ncern [Staff response included. Other docu ntation previously distributed 5/25 Inf mati on Packet]; Colette LaFortune Pogue regar . g Preservation of Montgomery-B er House; Stacey Green regarding Proposed transi oute changes [Staff response' c1uded]; Katy Brown regarding Residential Disturo ces [Staff response incl ed]; Shelly Cronbaugh regarding Tornado alarm testin . Austin Baeth regard' g Late-night bus service; Dubuque Road sidewalk and tra concerns letter rom Ariana Betenbender, lance Platz, Ellen Roan, Larry Betenbend Ginny Kirs ling; Laura Stern regarding Thatcher Mobile Home Park [Previous distrib ed in 5/25 and 6/1 Information Packets]; Paul Snow: Late Night Bus Se ic The Mayor declared the motion carried. Moved and seconded to adopt RES. 06- 9, TENT TO APPROVE A THIRD AMENDMENT TO A PURCHASE AGREEM T BE EEN THE CITY OF IOWA CITY AND WAL-MART REAL ESTATE BUSINESS T ST FOR ~ PROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 TOUGH 170 ORTH AIRPORT DEVELOPMENT SUBDIVISION AND TS 2, THROUG OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - P T TWO, AND SETTI G A PUBLIC HEARING FOR JUNE 27, 2006. Moved and seconded to opt a resolution of intent to a prove a fourth amendment to a purchase agreement betwee the City of Iowa City and Wal- rt Real Estate Business Trust for approximately 21.7 acres of property lying within lots 1 through 17 of North Airport Development Subdivision d lots 2, through 4 of the North Airport evelopment Subdivision - Part two, and setting a ublic hearing for June 27, 2006. Gary Sar\ders and Bob Downer, atty. for Wal-Mart appe red. The Mayor declared the resolution defeated. Senior Center ommissioner Bob Engle,725 Bradley Street, updated Council on activities at the Ce r. Gary Sanders, reminded citizens of the Board of Adjustment meeting scheduled for Jun 14 with one subject on the agenda relating to Wal-Mart building on a flood plain. Kevin Per z, 161 Columbia Drive, appeared regarding garbage removal in the downtown are and recycling. " Moved nd seconded to set a public hearing for June 27 on an ordina~,ce rezoning 6,750 squar feet of property located at 619 Kirkwood Avenue from Low Density Single- Family Re dential (RS-5) Zone to Commercial Office (CO-1) Zone. The Mayo~ declared the motion cried. . ved and seconded to set a public hearing for June 27 on an ordinance rezoning res of property located on S. Gilbert Street, South of Highway 6 and Nor'th of South ate Avenue from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zon The Mayor declared the motion carried. Official Council Actions June 13, 2006 Page 4 Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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 2D, 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. Moved and seconded to set a public hearing for June 27 on an ordinance vacating Dane Road South of Highway 1. The Mayor declared the motion carried. Moved and seconded to set a public hearing for June 27 on an ordinance vacating a portion of Old West Benton Street. The Mayor declared the motion carried. Moved and seconded to set a public hearing for June 27 on a resolution vacating portions of Ruppert Road within Aviation Commerce Park North. The Mayor declared the motion carried. Moved and seconded 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. 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. 06-4212, 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. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from Don Hilsman. 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. 06-4213, 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 151N 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. The Mayor Official Council Actions June 13, 2006 Page 5 declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. 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- 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 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; 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the ordinance vacating the alley located north of Benton Street between Clinton Street and Dubuque Street (VAC06-00001), be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-181, APPROVING THE FINAL PLAT OF CARDINAL RIDGE - PART THREE, IOWA CITY, IOWA. Moved and seconded to adopt RES. 06-182, APPROVING THE PRELIMINARY PLAT OF HOLLYWOOD MANOR, PART 9, IOWA CITY, IOWA. Moved and seconded 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). The Mayor declared the motion carried. 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. Moved and seconded to adopt RES. 06-183, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2667 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT. 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. Official Council Actions June 13, 2006 Page 6 Moved and seconded to adopt RES. 06-184, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 617 BROOKSIDE DRIVE TO A PUBLIC HOUSING PROGRAM TENANT. 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. Moved and seconded to adopt RES. 06-185, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2673 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT. 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. Moved and seconded 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 with the words "at least" inserted into item 7 regarding the days and hours of operation. 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. Moved and seconded 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Official Council Actions June 13, 2006 Page 7 Moved and seconded 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. Moved and seconded to adopt RES. 06-189, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY OFF-LEASH DOG PARK. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-190, RESCINDING RESOLUTION NO. 94- 292. Moved and seconded to adopt RES. 06-191, RESCINDING RESOLUTION NO. 94- 255 AND ESTABLISHING A FEE SCHEDULE FOR DANCING PERMITS. Moved and seconded 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. Moved and seconded to adopt RES. 06-193, DIRECTING SALE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2006A. Moved and seconded to adopt RES. 06-194, DIRECTING SALE OF $1,000,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B. Moved and seconded 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. Moved and seconded to adopt RES. 06-196, APPROVING THE VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN, A RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN. Moved and seconded 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 PROJECT to L.L. Pelling Company for $ 456,253.30. Moved and seconded 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. Moved and seconded 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. UISG representatives Baeth and Volland thanked Council for the opportunity. Moved Official Council Actions June 13, 2006 Page 8 and seconded to accept correspondence from Addison Stark and Austin Baeth. The Mayor declared the motion carried. 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 and seconded 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. The Mayor abstained due to conflict of interest on the next item. Mayor Pro tem Bailey presiding. Moved and seconded 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. 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.] Moved and seconded to adjourn meeting at 8:30 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file on the office of the City Clerk. s/Ross Wilburn, Mayor s/Marian K. Karr, <?ity pjer~.1 /' / ~.u"".1<'/ '1( . 'jt'dAA.. S"~~ O'PG[u6~ 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 St. 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 >Revised 6/26/06 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-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. 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- Complete Description June 13, 2006 Page 3 .., ZO LOADING ZONE 15 MINUTE LIMIT 8am - 2 am signs; Robert Burns regarding Propos . Sidewalk Cafe at 100 S. Linn St.; Naftaly Stramer regarding Parking at the Art and Ja Festivals; Debra DeLaet and Todd Knoop regarding City Park pool; Katy Maher regar . g Rental complaint [Staff response included]; Tish Brorby regarding Thank you to 9 1 operators; Rick Kaster regarding AOL News-Town of Hercules Blocks Wal-Mart; atti Kemper(x3) regarding Farmers Market Concern [Staff response included. Other do mentation previously distributed 5/25 Information Packet]; Colette LaFortune Pogue re rding Preservation of Montgomery-Butler Ho e; Stacey Green regarding Proposed tr sit route changes [Staff response included, Katy Brown regarding Residential Di urbances [Staff response included]; Sh Iy Cronbaugh regarding Tornado alarm t ting; Austin Baeth regarding Late- . ht bus service; Dubuque Road sidewalk an raffic concerns letters from Ari a Betenbender, Lance Platz, Ellen Roan, Larry Beten nder, Ginny Kirschling; La a Stern regarding Thatcher Mobile Home Park [Pre iously distributed in 5/2 and 6/1 Information Packets]; Paul Snow: Late Night B Service. Affirmative roll call vote unanimous, 710, all ouncil Member present. The Mayor declared the motion carried. Moved by Elliott, seconded by Vanderho f, to ado RES. 06-179, INTENT TO APPROVE A THIRD AMENDMENT TO A PURC SE GREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-MART REAL ESTATE NESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY L NG WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVI 0 ND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISI - PA TWO, AND SETTING A PUBLIC HEARING FOR JUNE 27, 2006. Individual Cou cil Membe expressed their views. The Mayor declared the resolution adopted, 4/3, wi the following ivision of voice vote: Ayes: Elliott, O'Donnell, Vanderhoef, Wilburn. Nay . Bailey, Champi ,Correia. Absent: None. Moved by Elliott, seconded by O'Do ell, to adopt a resolu 'on of intent to approve a fourth amendment to a purchase agreem t between the City of 10 City and Wal-Mart Real Estate Business Trust for approximately 1.76 acres of property Iyin within lots 10 through 17 of North Airport Development Subd' ision and lots 2, through 4 of t North Airport Development Subdivision - Part two, nd setting a public hearing for Ju e 27, 2006. Individual Council Members expres d their views. Gary Sanders and B Downer, atty. for Wal-Mart appeared. The Mayor d lared the resolution defeated, 3/4, with he following division of roll call vote: Ayes: onnell, Vanderhoef, Elliott. Nays: Baile Champion, Correia, Wilburn. Absent: Non . Senior Center Commis loner Bob Engle,725 Bradley Street, updated Council on activities at the Center. Gary; anders, reminded citizens of the Board of Adjustment meeting scheduled for June 14 wit ne subject on the agenda relating to Wal-Mart building on a flood plain. Kevin Perez, 161 olumbia Drive, appeared regarding garbage removal in the downtown area and rec cling. Moved by Van rhoef, seconded by Bailey, to set a public hearing for June 27 on an ordinance rezoning ,750 square feet of property located at 619 Kirkwood Avenue from Low Density Single-Fa ily 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 2D, 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. (V AC06-00002). 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 151N 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, 710, 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 (V AC06-00001) (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 DOGPAC 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 2006AAND $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 Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk