Loading...
HomeMy WebLinkAbout2006-07-18 Council minutes G[ 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 JULY 18, 2006 Iowa City City Council regular meeting 7:00 p.m. at City Hall. MayorWilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, Okerlund. Council minutes tape recorded on Tape 06-58A, Both Sides; 06- 58B, Side 1. The Mayor proclaimed Persons with Disabilities Day - July 29, 2006, Keith Ruff, Coordinator for the event accepting. Moved by Bailey, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: June 26, Special Council Work Session; June 27, Special Council Formal Official and Complete; July 10, Special Council Formal Official and Complete; July 10, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Telecommunications Commission - March 27, 2006; Public Library - May 25,2006; Human Rights Commission - April 25, 2006; Civil Service Commission - June 23, 2006; Public Art Advisory Committee - June 1, 2006; Planning and Zoning Commission - June 15, 2006; Planning and Zoning Commission - June 1, 2006; Youth Advisory Commission - July 10,2006; Police Citizens Review Board - June 12, 2006; Historic Preservation Commission - June 8, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Transfer of Class E Liquor License for Liquor House, Ltd., dba Liquor House, 425 S. Gilbert St.; Class C Liquor License for Pub Gal, Inc., dba IC Uglys, 210 N. Linn St.; Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Outdoor Service Area for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Renewal: Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's West, 2 Escort Ln.; Class C Beer Permit for DeliMart Properties, Inc., dba Deli Mart #1,525 Hwy 1 West; Class C Beer Permit for DeliMart Properties, Inc., dba Deli Mart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for DeliMart Properties, Inc., dba Deli Mart #3,2410 Mormon Trek Blvd.; Class C Beer Permit for DeliMart Properties, Inc., dba Deli Mart #5,206 E. Benton St.; Class C Liquor License for Etre, LLC, dba Etc., 118 S. Dubuque St.; Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington Street. RES. 06-220, TO ISSUE DANCE FLOOR PERMIT to Etre, LLC, dba Etc., 118 S. Dubuque St. and I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington Street; RES. 06-221, TO ISSUE CIGARETTE PERMITS. - .._-~------_.._----"--_.,-~.~_..._'-_.._..._._.__._--~----...--,-,...,.-....--." Complete Description July 18, 2006 Page 2 Motions: Approve disbursements in the amount of $8,630,439.57 for the period of May 1 through May 31, 2006, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 06-222, SETTING PUBLIC HEARING FOR AUGUST 1, 2006, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1220 SOUTH FIRST AVENUE TO A PUBLIC HOUSING PROGRAM TENANT; RES. 06-223, SETTING A PUBLIC HEARING FOR AUGUST 1, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE RE-DEVELOPMENT OF BROOKLAND PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARK AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 06-224, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA; RES. 06-225, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA; RES. 06-226, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED AT 5 CAROLINE COURT, IOWA CITY, IOWA; RES. 06- 227, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 918 DEARBORN STREET, IOWA CITY, IOWA; RES. 06-228, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 4 GLEASON DRIVE, IOWA CITY, IOWA; RES. 06-229, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1830 HIGH STREET, IOWA CITY, IOWA: RES. 06-230, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA; RES. 06-231, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA; RES. 06-232, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT LONGFELLOW MANOR SUBDIVISION, IOWA CITY, IOWA; RES. 06- 233, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE RELEASE OF A SCHOOL SITE COVENANT WITH Complete Description July 18, 2006 Page 3 WINDSOR RIDGE DEVELOPMENT; RES. 06-234, ACCEPTING THE WORK FOR THE PARKING FIBER INTERCONNECT PROJECT; RES. 06-235, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR OLDE TOWNE VILLAGE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 06-236, APPROVING THE BY-LAWS OF THE IOWA CITY YOUTH ADVISORY COMMISSION. Correspondence: JCCOG Assist. Traffic Engineering Planner regarding Installation of a NO RIGHT TURN ON RED sign at the intersection of Foster Road and Dubuque Street; JCCOG Assist. Traffic Engineering Planner regarding Installation of Bus Stop signs as needed to reflect changes in transit routes effective August 14, 2006; JCCOG Assist. Traffic Engineering Planner regarding Installation of a NO PARKING CORNER TO HERE sign on Ashwood Drive; Gary Drown regarding Traffic ticket [staff response included]; Forevergreen Road letters from Craig Albrecht, Wm C. Laubengayer; Karen Tomasi Walters regarding Stray cats [staff response included]; John Neff regarding Ambulance calls to bars; Deborah Conger regarding Handicap parking at Old Capitol Mall [staff response included]; School equity letters from Tom and Karen Casavant, Rody Gessner, Pablo Kollmar, Margo Massey; Eden Shikwana regarding History of Paul Shikwana; Bicyclists letters from Donald Baxter, Richard Shannon [staff response included]; Chul-joo Lee regarding Fax number for Council members [staff response included]; Paul Kelly regarding Condition of Wayne Ave [staff response included]; Karen Thielman regarding Kyoto Agreement [staff response included]; Ellen Ballas regarding Wal-Mart; Lea VanderVelde & Johannes Ledolter: regarding Oak Tree stress at 322 Mullin [Staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Dr. Richard Kerber, University of Iowa Hospitals and Clinics, provided information on the Resuscitation Outcomes Consortium (ROC), and invited Council and the community to a meeting on July 27. Senior Center Commission Member David Gould, 2923 Radcliffe Ave., updated Council on activities at the Senior Center. Moved by Bailey, seconded by Correia, to set a public hearing for August 1, 2006 on an ordinance conditionally rezoning 2.83 acres of property located at 4435/4455 Melrose Avenue from Neighborhood Public (P-1) Zone to Neighborhood Public / Low Density Multi- Family Residential (P-1/RM-12) Zone. (REZ06-00001) (Melrose Ridge). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to set a public hearing for August 1, 2006 on an ordinance rezoning 2.32-acres of land located at 2401 Scott Boulevard from General Industrial (1-1) to Neighborhood Public/Intensive Commercial (P-1/CI1 (REZ06-0016) (Eastside Recycling Center). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Bailey, to set a public hearing for August 1, 2006 on an ordinance amending Title 14, Zoning Code, Subsection 4E-8C, nonconforming signs, to allow for reconstruction of a nonconforming sign by special exception. PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description July 18, 2006 Page 4 A public hearing was held on an ordinance rezoning 1.39-acres acre property located at 1820 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC-2) (REZ06-000014) (DeCoster). No one appeared. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Brian DeCoster. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance conditionally rezoning a1.39-acre acre property located at 1820 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC-2) (REZ06-000014) (DeCoster), 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). No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 06-237, VACATING A PORTION OF RUPPERT ROAD WITHIN AVIATION COMMERCE PARK NORTH (VAC06- 00004). The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Bailey. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 06-238, 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. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call votes. Ayes: Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Correia, Champion, Bailey. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Wallace Taylor. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution authorizing conveyance of 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. The applicant, Noah Kemp, appeared. Moved by Elliott, seconded by Vanderhoef, to defer until August 1. Individual Council Members expressed their views. PCD Director Franklin and Public Works Director Fosse present for discussion. Motion to defer withdrawn. Moved by O'Donnell, seconded by Bailey, to adopt RES. 06-239, AUTHORIZING CONVEYANCE OF 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. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Elliott, O'Donnell, Wilburn, Bailey, Champion, Correia. Nays: Vanderhoef. Absent: None. 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. 06-4219, 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, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Bailey, Champion, Correia, Elliott. Nays: Complete Description July 18, 2006 Page 5 Vanderhoef. Absent: None. Moved by Bailey, seconded by O'Donnell, 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, 6/1, with the following division of roll call vote. Ayes: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. Nays: Vanderhoef. Absent: None. Moved by Vanderhoef, 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) Zone (REZ05- 00022), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance 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), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, that the 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. 06-4220, 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, be voted on for final passage at this time. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Bailey, Champion, Correia, O'Donnell, Vanderhoef, Wilburn. Nays: Elliott. Absent: None. Moved by Bailey, seconded by Correia, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Correia, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Elliott. Absent: None. Moved by O'Donnell, seconded by Bailey, that the ordinance vacating a portion of Dane Road South of Highway 1 (V AC06-00002), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-240, APPROVING THE FINAL PLAT OF PARROTT ESTATES ADDITION, 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 O'Donnell, to recommend approval to the Johnson County Board of Adjustment of a Conditional Use Permit for S & G Materials to conduct sand- mining operations in a 17 -acre area located generally west of the Iowa River and East of Oak Crest Hill Road (CU06-00001). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at Complete Description July 18, 2006 Page 6 which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 06-4221, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Bailey, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by O'Donnell, that ORD. 06-4222, 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 passed and adopted. Individual Council Members expressed their views. Moved by Elliott, seconded by Champion, to defer until August 1. The Mayor declared the motion to defer defeated, 3/4, with the following division of voice vote: Ayes: Wilburn, Bailey, O'Donnell, Vanderhoef. Nays: Champion, Correia, Elliott. Absent: None. Majority of Council requested the matter be scheduled in September to discuss downtown vending for the next licensing year. The Mayor declared the ordinance adopted, 4/3, with the following division of roll call vote: Ayes: Wilburn, Bailey, O'Donnell, Vanderhoef. Nays: Champion, Correia, Elliott. Absent: None. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-241, APPROVING A SECURITY INFORMATION POLICY PURSUANT TO HF 2590, CODIFIED AT IOWA CODE SECTION 22.7(52). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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. 06-242, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE RIDGE ROAD WATER MAIN BORING PROJECT to Gaylord Construction, Inc. for $20,250.00. 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 O'Donnell, seconded by Elliott, to adopt a resolution setting public hearing to consider a proposal for 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. The following individuals appeared: Atty. Bob Downer, 122 S. Linn St., representing Wal-Mart Real Estate Business Trust; Jim Walters; Atty. Wally Taylor, representing Iowa City Stop Wal-Mart and 1000 Friends of Iowa. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 3/4, with the following division of roll call vote. Ayes: Elliott, O'Donnell, Vanderhoef. Nays: Correia, Wilburn, Champion, Bailey. Absent: None. Complete Description July 18, 2006 Page 7 The Mayor announced the current Board and Commission vacancy: Telecommunications Commission to fill an unexpired term ending March 13, 2008. Applications must be received by 5:00 p.m., Wednesday, August 30,2006. The Mayor noted the previously announced vacancies: 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. 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. Moved by Bailey, seconded by Correia to appoint Nicholas Parker, 3334 Shamrock Drive, to the Telecommunications Commission to fill an unexpired term ending March 13, 2007. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Elliott reported a "Midwestern incident" that happened to him recently. Mayor Pro tem Bailey reported on a recent trip to Des Moines for the Arts Festival and visit to their new Library, and stated she thought it was great that two cities like Des Moines and Iowa City had new libraries, and acknowledged and thanked reference librarians for the work they do; and referenced the Shakespeare Theater program thanking the Parks & Recreation Department for their support and the anticipation of restrooms and shelter in 2007, and also noted that staff may look into installation of bike racks in the area, noting that Des Moines incorporated public art into their bike racks. Council Member Correia noted the correspondence from Eden Shikwana on the Consent Calendar regarding the contribution of his great uncle Paul Shikwana; and reported on her presentation to the School Board regarding SilO. Mayor Wilburn thanked everyone who participated in the City Park Centennial and rededication celebration the previous week-end; and stated he was looking forward to participating in Ragbrai the following week. City Clerk Karr reminded Council that the deadline was approaching for agenda items for the joint meeting scheduled August 2 in Coralville. Council asked that updates on SilO and the Housing Trust Fund be added. Moved by O'Donnell, seconded by Bailey, to adjourn meeting at 8:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all cou'Q:U ~ Ross Wilburn, Mayor 1J7~) -;t'. ~cU1.J Mar n K. Karr, City Clerk I ~ I -....= -.... .1.1""-_....... ~~w~~ -.;:;::..... .......~ ...."..~ C I T Y 0 F IOWA C I T Y~ MEMORANDUM Date: June 26, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 26, 2006, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Wilburn. Absent: Vanderhoef UISG Rep: Baeth Staff: Atkins, Helling, Dilkes, Karr, Boothroy, Davidson, Franklin. Fosse, Hargadine Tapes: 06-49, Side 2; 06-51, Both Sides; 06-52, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin present for discussion on the following items: A. 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) (Big 10 Rentals). B. 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. Public Works Director Fosse present for discussion. C. VACATING A PORTION OF THE OLD WEST BENTON STREET RIGHT-OF-WAY LOCATED NORTH OF THE CURRENT WEST BENTON STREET AND EAST OF SOUTH RIVERSIDE DRIVE. (VAC06-00003) (Professional Muffler). D. REZONING PROPERTY LOCATED AT 619 KIRKWOOD AVENUE FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) TO COMMERCIAL OFFICE (CO-1) ZONE. (REZ06-00012) (Teague). E. 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). Council Work Session June 26, 2006 Page 2 F. CONDITIONALLY REZONING 20.79 ACRES OF PROPERTY LOCATED ON LOWER WEST BRANCH ROAD, WEST OF TAFT AVENUE FROM INTERIM DEVELOPMENT SINGLE.FAMIL Y RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) ZONE. (REZ06-00013) (Stone Bridge Estates) G. 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 SA, GENERAL DEFINITIONS. H. VACATING A PORTION OF DANE ROAD SOUTH OF HIGHWAY 1. (VAC06-00002). I. VACATING A PORTION OF RUPPERT ROAD WITHIN AVIATION COMMERCE PARK NORTH (VAC06-00004). City Atty. Dilkes noted the agreement had not been signed. Franklin requested continuance of the public hearing and deferral of items I and J until July 18; and noted that agenda item # 10, purchase agreement with Wal-Mart, could move forward. J. 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. (SUB05-00021). See item "i" above. K. VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET. (VAC06-00001) (PASS AND ADOPT) (Johnson County). L. 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 JOHNS.ON COUNTY. LIQUOR LICENSE APPLICATIONS (agenda items # 15 and # 16) Police Chief Hargadine, City Atty. Dilkes and City Clerk Karr presented information. Majority agreed to proceed. CRIME STOPPERS (IP2 of 6/22 Info Packet) Police Chief Hargadine present for discussion. Majority requested more community input, other county jurisdiction participation and benefit, get input from Neighborhood Council, and report back in a month. STAFF DIRECTION: Solicit input and report back in one month. (Atkins) Council Work Session June 26, 2006 Page 3 BURLlNTON STREET MEDIAN (IP3 of 6/22 Info Packet) PCD Director Franklin, Asst. PCD Director Davidson, and Public Works Director Fosse presented information. STAFF ACTION: Proceed as outlined. FEMA DENIAL OF PUBLIC ASSISTANCE (IP4 of 6/22 Info Packet) City Manager Atkins distributed copies of the SBA Disaster News and information relative to SBA representatives being in the community Tuesday through Fridays, June 27-July 15. SILO UPDATE (IP5 of 6/22 Info Packet) The Mayor noted the letter sent to the School Board, and stated the County had also sent a letter. AGENDA ITEMS 1. (Agenda item # 7 - resolution authorizing conveyance... 426 Bayard Street to Frantz Construction) HIS Director present for discussion. 2. (Agenda item # 21 - resolution approving ... Howard R. Green ... McCollister Boulevard Iowa River Bridge Project) Council Member Champion encouraged the bridge be "bat friendly" . 3. (Consent Calendar # 3e(13) - Laura Stein... Thatcher Mobile Home Park) In response to questions the City Attorney stated her office and Public Works were pulling the record together. 4. (Agenda item # 21 - resolution approving ... Howard R. Green ... McCollister Boulevard Iowa River Bridge Project) In response to Mayor Pro tem Bailey, the City Manager will follow up on the inclusion of bike and pedestrian access. In response to Council Member Correia, the City Attorney stated a RFP (Request for Proposal) was done because it is difficult to competitively bid a service contract. 5. (Agenda item # 17 -resolution amending the budgeted positions in the Transit Division ...) City Manager responded to questions. 6. (Agenda item # 19 - resolution authorizing ... chapter 28E agreement ... City of Iowa City... City of Coralville .... Animal care services) The City Manager responded to questions. 7. (Consent Calendar # 3e(3) - Bob Hoff ... Skateboard Additions) In response to Council Member Correia, the City Manager reported that there were a couple of issues pending with the skateboard park. One, the interest by the University for a boathouse and possible inclusion of public restrooms; and secondly the parking issues in the area. The Mayor suggested the matter be discussed further during CIP budget talks. Council Work Session June 26, 2006 Page 4 8. (Consent Calendar # 3e(1 0) - Naftaly Stramer ... Parking at Art and Jazz Festivals) In response to Council Member Correia, Asst. City Manager Helling outlined the procedure for a response to an email addressed to Council. Majority of Council indicated no interest in providing free parking. 9. (Consent Calendar # 3e(12) - Jay & Michelle Geisen... House at 17 S. Governor Street) PCD Director Franklin responded to Council. COUNCIL TIME 1. Mayor Wilburn noted an article in the recent Corridor Business Journal about Kevin Munson, Munson Architects, about design elements. 2. Council Member Correia updated Council on Youth Advisory Commission activities. Summer of the Arts Executive Director Katie Roche will be attending the next meeting, and a discussion of the late night bus service is also planned. Mayor Pro tem Bailey suggested they look at expanding the downtown recycling program to have a recycling container next to every trash can, and would be interested in their input. SCHEDULE OF PENDING DISCUSSION ITEMS None. Meeting adjourned 9:10 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 6/27/06 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 Childhood Cancer Awareness Week: July 3 - July 10, 2006. Moved and seconded that the following items and recornmendations 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., 401 E. Market St.; Special Class C Liquor License for Z'Mariks Noodle Cafe, 19 S. Dubuque St.; Class C Liquor License for Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor License for Fraternal Order of Eagles, Iowa City Aerie #695, 225 Highway 1 West; Class C Liquor License for American Legion Roy L. Chopek Post #17,3016 Muscatine Ave.; Class C Liquor License for Vito's, 118 E. College St.; Class C Beer Permit for Gasby's East, 2303 Muscatine Ave.; RES. 06-199, TO ISSUE CIGARETTE PERMITS; RES. 06-200, TO ISSUE DANCE PERMIT to Fraternal Order of Eagles, Iowa City Aerie #695, 225 Highway 1 West; Outdoor Service Area for Mill Restaurant, 120 E. Burlington St. Resolutions: RES. 06-201, APPROVING AND AUTHORIZING EXECUTION OF A DECLARATION OF CONDOMINIUM REGIME FOR LOT 12, LONGFELLOW 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 Official Actions June 27, 2006 Page 2 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. 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 and seconded to set 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. Moved and seconded 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. 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 and East of South Riverside Drive (V AC06-00003). Moved and seconded that the ordinance vacating a portion of the Old West Benton Street Right-of-Way located North of the current West Benton Street and East of South Riverside Drive, be given first vote. The Mayor declared the motion carried. 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). The following individuals appeared: Winifred Holland, 1104 Diana St.; property owner Bruce Teague, Julie Hausman, 1038 Diana St.; and Mike Lensing, 605 Kirkwood. Moved and seconded to accept correspondence from Winifred Holland. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the ordinance defeated. Official Actions June 27, 2006 Page 3 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). Moved and seconded 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. 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). Florence Stockman 132 Eversull Lane appeared. Moved and seconded 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. 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 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. Moved and seconded 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 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, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating a portion of Dane Road south of Highway 1 (VAC06-00002). Moved and seconded that the ordinance vacating a portion of Dane Road south of Highway 1 (VAC06-00002), be given first vote. 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 and seconded to continue public hearing to July 18. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded that ORD. 06-4216, VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET. (V AC06-00001), be passed and adopted. 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 Official Actions June 27,2006 Page 4 Benton Street, to Johnson County. Asst. County Atty. Andy Chappell thanked the City for their cooperation on this project. Moved and seconded 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,TOJOHNSON COUNTY. A public hearing was held on a resolution authorizing conveyance of a single family home located at 940 Longfellow Court. Moved and seconded to adopt RES. 06-208, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 940 LONGFELLOW COURT. 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 and seconded to accept correspondence from Susan Enzle, Timothy Stalter, Kristina Stalter, Elspeth Stalter, Elliott Stalter. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-209, AUTHORIZING CONVEYANCE OF 426 BAYARD STREET TO FRANTZ CONSTRUCTION COMPANY INC. 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. Moved and seconded 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. A public hearing was held on a resolution authorizing conveyance of an easement to Qwest Corporation for utility lines. Moved and seconded to adopt RES. 06-211, AUTHORIZING CONVEYANCE OF AN EASEMENT TO QWEST CORPORATION FOR UTILITY LINES. 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 and seconded to accept correspondence from Emily Bennett. The Mayor declared the motion carried. Moved and seconded 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. 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 Official Actions June 27,2006 Page 5 project establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 06-213, 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. 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. 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 second vote. The following individuals appeared: Tony Altimus; Can Dogan, representing Hadi's Grill; and Hicham Elhani, representing Hadi's Grill. The Mayor declared the motion carried. Moved and seconded to accept petitions from Can Dogan supporting street vendors. 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- 4218, 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 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 consider agenda items Numbers 19 and 20 at this time. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-214, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Moved and seconded to adopt RES. 06-215, ESTABLISHING AN ANIMAL CARE TASK FORCE. Moved and seconded 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 Official Actions June 27, 2006 Page 6 electronic filing system and the increased inspections by the Fire Department, be given first vote. The Mayor declared the motion carried. Moved and seconded 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 and seconded to accept correspondence from Angie Reams, Mary Khowassah, Jim Clayton. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. 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,August16,2006. 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.] Moved and seconded to adjourn at 9:15 p.m. The Mayor declared the motion carried. Clerk. A more complete description QOf coun~cil Auctivities~is on file in the office of the City s/Ross Wilburn, Mayor . s/Ma.:;J~.C~ S~itted for publication - 7/5/06. 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 -7/10/06 Iowa City City Council special meeting, 9:45 a.m. at City Hall. Mayor Wilburn presiding. Council members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn the special meeting at 12:45 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor s/M~a~r, RC~ SUbm~d Jor publication - 7/13/06. ~U~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES 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, Booth roy, 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 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 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. 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 2D, 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, 710, 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 Cbrreia, 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, 710, 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, 710, 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, 710, 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,710, 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 1 B BECAUSE THE STATE HAS ENACTED A MORE COMPREHENSIVE EDUCATION PROVISION, be voted on for final passage at this time. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Correia, 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 Champion, seconded by Bailey, to consider agenda items Numbers 19 and 20 at this time. The Mayor declared the motion carried unanimously, 710, 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 motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 10, 2006 Iowa City City Council special meeting, 9:45 a.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. Council minutes tape recorded on Tape 06-54, Side 2. Moved by Correia, seconded by Bailey, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session (City Manager, City Attorney, City Clerk). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 9:45 a.m. Council returned to open session 12:43 p.m. Moved by Champion, seconded by Bailey, to adjourn the special meeting at 12:45 p.m. The Mayor declared the motion carried unanimously, 6/0, O'Donnell absent. Ross Wilburn, Mayor Marian K. Karr, City Clerk I! 1 -....= -.... tr--....... ~~I~~'"!. ....-;;.;'Sr.....,~ ....,..~ CITY OF IOWA CITY~ MEMORANDUM Date: July 12, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 10, 2006, 9:00 AM in Emma J. Harvat Hall Council: Bailey (9:08), Champion, Correia, Elliott, O'Donnell, Vanderhoef (9:07), Wilburn Staff: Atkins, Helling, Karr, Dilkes Tapes: 06-52, Side 2 (A complete transcription is available in the City Clerk's Office) SILO DISCUSSION Majority of Council agreed that a written response should be made to the School Board and include the following points: . Would like a joint meeting to discuss proposal . Support School District offering property tax relief . General interest for City sharing might be property tax relief & communications center . Concentrate on county wide needs . Reiterate partnership history Council Member Correia will read the statement at the School Board meeting on Tuesday, July 11. Mayor or Mayor Pro tem will attend public forum on July 19. Staff Action: City Manager to prepare statement in consultation with Council Members Elliott and Correia. Meeting adjourned 9:45 AM. /