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HomeMy WebLinkAbout2006-08-01 Council minutes Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 1, 2006 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Klingaman. Council minutes tape recorded on Tape 06-59, Side 2; Tape 06-62, Side 1. The Mayor proclaimed Recognition of Dr. Paul Shekwana; Community Development Week: August 14-18, 2006, Brian Richman, Vice Chair of Housing and Community Development Commission, accepting. 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 items 3d(2) resolution setting a public hearing for second amendment to the contract for the sale of 426 Bayard Street to Frantz Construction and 3e(3) resolution accepting the work for the sanitary sewer, storm sewer, tile line, water main, certain sidewalk, and paving public improvements for General Quarters: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 17, Special Council Work Session; July 17, Special Council Formal Official and Complete; July 18, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Board of Adjustment - June 14, 2006; Airport Commission - June 27, 2006; Airport Commission _ June 23, 2006; Airport Commission - June 16, 2006; Airport Commission - June 8, 2006; Housing and Community Development Commission - April 20, 2006; Planning and Zoning Commission - July 6,2006; Telecommunications Commission - May 22, 2006; Human Rights Commission - June 27, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for J & E , Inc. dba Formosa Asian Cuisine, 241 E. College St.; Class C Liquor License for Fieldhouse Co. Inc., dba Field House, 111 E. College St.; Class B Beer Permit for Iowa City Fall Fun Festival, Inc. dba Iowa City Fall Fun Festival, Inc., Tent A, 2120 Rochester Ave.; Class B Beer Permittor Iowa City Fall Fun Festival, Inc. dba Iowa City Fall Fun Festival, Inc., Tent B, 2120 Rochester Ave.; Outdoor Service Area for Iowa City Fall Fun Festival, Inc. dba Iowa City Fall Fun Festival, Inc., 2120 Rochester Ave.; Class C Liquor License for Etre Downtown Group, LLC, dba Skybox, 124 Y, E. Washington St.; Class C Liquor License for Yates, Inc., dba Donnelly's Pub, 110 E College St. Renewal: Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E. Washington St.; Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 College St.; Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 College St.; Class C Beer Permit for Kmart Corporation dba Big Kmart#4315, 901 Hollywood Blvd.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Drugstore, 310 N First Ave.; RES. 06-243, TO ISSUE DANCING PERMIT to Iowa City Fall Fun Festival, 2140 --_.._-----_....~--~----~---~._._...._'----------~--'--------_._-.--~,,_.,...._..-_.._-------_._--------_._-_.---~_._---,--- Complete Description August 1 , 2006 Page 2 Rochester Ave.. and Fieldhouse Co. Inc, dba Fieldhouse 111 E. College St.; RES. 06- 244, TO ISSUE CIGARETTE PERMITS. Setting a Public Hearing: RES. 06-245, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE LOWER WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING on September 5,2006; RES. 06-246, FIXING DATE of August 22 FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,400,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 06-247, FIXING THE DATE of August 22 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $10,000,000 SEWER REVENUE REFUNDING BONDS, SUBORDINATE SERIES 2006, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions: RES. 06-248, APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT A WITHIN HICKORY HEIGHTS SUBDIVISION, IOWA CITY, IOWA, AS PUBLIC OPEN SPACE; RES. 06-249, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1819 H STREET, IOWA CITY, IOWA; RES. 06-250, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE HY-VEE NO.2. Correspondence: JCCOG Acting Traffic Engineering Planner regarding Installation of (6) YIELD signs along Camden Road; Tom Saterfiel regarding Sidewalk Issue on Muscatine Ave [staff response included]; Tom and Sue Aunan regarding Mormon Trek Safety; Amos Petersen regarding Sublease of mobile vending permit [staff memorandum included]; James Lucy regarding Street repair; Wal-Mart letters from Melinda and Dennis Bricker, Valerie Buns(2); Kevin Hatch regarding Traffic light camera [staff response included]; Aaron Henderson regarding Public parking [staff response included]; Roundabout on Grand letters from Paul Diehl, Matt Hibbard, Garry Klein, Todd Murdock, Bob and Annette Powers, Jean Walker, James Andrews; Jim Thibodeau regarding Alley on the 400 block between S Gilbert and Van Buren streets. Mayor Pro tem Bailey noted the Skybox was a restaurant located on the second floor. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The following individuals appeared regarding 2006 PIN Grants: Jean Walker, Melrose Neighborhood; Judy Eckman, Southwest Estates; Beth Smith, Northside Neighborhood; Ruth Baker, Miller Orchard Neighborhood; Charlotte Bailey, Galway Hills; and Beth Koppes, Wetherby Friends and Neighbors. Moved by Bailey, seconded by Vanderhoef, that the correspondence from Judy Eckman be accepted. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Rebecca Neades, Iowa City Chamber of Commerce, appeared regarding parking issues on Dubuque Street. Council requested the matter be scheduled for an upcoming work session. Airport Commissioner Randy Hartwig updated Council on airport projects. Jean Walker, Melrose Neighborhood Association, ___.___,_",_.__~__~____M'"_'__'_~__'________~_'___"_'_ Complete Description August 1, 2006 Page 3 commented on the proposed Grand Avenue roundabout project. Jim Thibodeau appeared regarding the alley in the 400 block between S. Gilbert and Van Buren Streets. The City Manager stated an email response had been sent late in the day from City Engr. Knoche and encouraged Mr. Thibodeau to contact City Engr. Knoche. A public hearing was held on an ordinance conditionally rezoning approximately 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 (Melrose Ridge). The following individuals appeared: Bob Burns, representing Permanent Support of Housing Limited partnership and Chatham Oaks, Inc.; Vivian Davis, Executive Director of Chatham Oaks. Individual Council Members expressed their views, and indicated a willingness to have a special meeting once the CZA was signed. Moved by Champion, seconded by O'Donnell, to continue public hearing to August 22. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Tracy Falcomata. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to defer to August 22 the ordinance conditionally rezoning approximately 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 (Melrose Ridge). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 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). No one appeared. Moved by Champion, seconded by Bailey, that the 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), (East Side Recycling Center) be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Zoning Code, Subsection 4E-8C, nonconforming signs, to allow for reconstruction of a nonconforming sign by Special Exception. The following individuals appeared: Doug Alberhasky, John's Grocery, Iowa City Noon Optimist Club; Tracy McWane, McWane's Dairy Queen; and Ryan O'Leary, Iowa City Noon Optimist Club. Moved by O'Donnell, seconded by Bailey, that the ordinance amending Title 14, Zoning Code, Subsection 4E-8C, nonconforming signs, to allow for reconstruction of a nonconforming sign by Special Exception, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by 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. 06-4223, CONDITIONALLY REZONING A 1.39-ACRE PROPERTY LOCATED AT 1820 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2) (REZ06-000014) (DeCoster), 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 Complete Description August 1 , 2006 Page 4 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 Correia, that ORD. 06-4224, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Bailey, that ORD. 06-4225, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Correia, that ORD. 06-4226, VACATING A PORTION OF DANE ROAD SOUTH OF HIGHWAY 1 (VAC06-00002), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 06-251, APPROVING THE FINAL PLAT OF HOLLYWOOD MANOR, PART NINE, IOWA CITY, IOWA. 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 1220 South First Avenue to a Public Housing Program Tenant. No one appeared. Moved by Bailey, seconded by, Correia, to adopt RES. 06-252, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1220 SOUTH FIRST AVENUE 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 approving plans, specifications, form of contract, estimate of cost for the re-development of Brookland Park, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Bailey, to adopt RES. 06-253, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE RE- DEVELOPMENT OF BROOKLAND PARK, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Correia, to adopt RES. 06-254, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description August 1, 2006 Page 5 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. 06-4227, AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 2, ENTITLED "LIQUOR LICENSING AND BEER PERMITS" BY AMENDING SECTION 2 TO ALLOW LIVE PERFORMANCE THEATERS TO SERVE AND CONSUME ALCOHOL ABOVE THE GROUND FLOOR, 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 Vanderhoef, to adopt RES. 06-255, AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON COLLEGE STREET BETWEEN 7TH AVENUE AND MORNINGSIDE DRIVE. 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. 06-256, 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 EARTH TECH TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MCCOLLISTER BOULEVARD ROADWAY PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Correia, to adopt RES. 06-257, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2007 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENTS TO THE CONTRACTS OF THE CITY MANAGER AND CITY CLERK TO INCLUDE A PROVISION FOR CONVERSION OF ACCRUED VACATION AND CLARIFY VACATION PAYMENT FOR THE CITY MANAGER UPON RETIREMENT OR RESIGNATION. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Boards and Commissions: 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; 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 following vacancies will be readvertised: 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. [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 by Champion, seconded by Correia, to appoint Mary New, 212 Ferson Avenue, to the Library, Board of Trustees to fill an unexpired term ending July 1, 2007. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description August 1, 2006 Page 6 Mayor Wilburn left the table due to a conflict of interest. Mayor Pro tem Bailey presiding. Moved by Correia, seconded by Vanderhoef, to appoint Michael Shaw, 2470 Lakeside Drive, #11 and Steve Crane, 2301 Jessup Circle, to the Housing and Community Development Commission to fill three-year terms September 1, 2006 - September 1, 2009. The Mayor Pro tem declared the motion carried unanimously, 6/0/1, Wilburn abstaining. Mayor Wilburn now presiding. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Steve Crane and John Kenyon. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Correia noted the Wal- Mart decision to not build in Airport Commerce Park, and asked for an ,update. The City Manager stated the property was back on the market. Staff will prepare a memo and include information on the previous zoning and current zoning. Mayor Wilburn stated that Johnson County had requested a City representative to the urban fringe committee to replace former Mayor Ernie Lehman, and asked council concurrence to have Council Member Vanderhoef serve in that capacity. Majority agreed. Council Member Champion reported she had been contacted on the possibility of installing a trial roundabout on Grand Avenue. After discussion it was determined it would be too confusing and without removing the steps there would not be enough room. In response to Council Member Champion, the City Manager reviewed the procedure for the excess trash placed on city curbs. Council Member O'Donnell said he was looking forward to discussing the Dubuque Street (middle of the street) double parking issue; and asked for a Peninsula development update. Mayor Pro tem Bailey asked that legislators be contacted to set up a joint meeting prior to the start of the legislative session, possibly in November or December. Council Member Vanderhoef reminded Councilors that the Iowa League of Cities survey requesting legislative issues is out and asked that it be returned to the League office or to her personally. Council Member Elliot read a statement regarding Wal-Mart. Mayor Wilburn thanked staff who participated in the two fund raising efforts, ADA celebration or Crisis Center; commented on the success of RAGBRAI and congratulated all who participated. City Manager Atkins summarized Council activities that evening. Moved by Bailey, seconded by Elliott, to adjourn meeting at 8:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all coun~eU~ Ross Wilburn, Mayor /J~A'~.J I/.~ Mari K. Karr, City Clerk - -~--- -~- ----------------- -- ----- ----...._~---_._-------_._------_.__._.- --- _..._.~._.__._..,_._-_._._-_..- I ~ j -....= -~ ~~ai!:'t ~.. _IIDI~ ....,..~ CITY OF IOWA CITY[;![ MEMORANDUM Date: July 17, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 17, 2006,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep.: Baeth Staff: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, Knoche, Panos, Davidson Tapes: 06-56, Both Sides; 06-57, Both Sides (A complete transcription is available in the City Clerk's Office) ADDITION TO AGENDA Council agreed to add item # 9b to the agenda at the request of the City Clerk - 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. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING 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 1 LOW DENSITY MULTI-FAMILY RESIDENTIAL (P-1/RM-12) ZONE. (REZ06-00001) (Melrose Ridge) B. SETTING 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 PUBLlC/INTENSIVE COMMERCIAL (P-1/CI1 (REZ06-0016) (Eastside Recycling Center) C. SETTING 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. ~._~~_._-~-_..._._._---~--_._'-----~ Council Work Session July 17, 2006 Page 2 D. CONDITIONALLY REZONING 1.39-ACRES ACRE PROPERTY LOCATED AT 1820 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2) (REZ06-000014) (DeCoster) E. VACATING A PORTION OF RUPPERT ROAD WITHIN AVIATION COMMERCE PARK NORTH (VAC06-00004) F. 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) (DEFERRED FROM 6/27) G. 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. City Attorney Dilkes and Public Works Director Fosse present for discussion. H. 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) (SECOND CONSIDERATION) (Professional Muffler) See comment above. I. 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) (SECOND CONSIDERATION) J. 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) (SECOND CONSIDERATION) (Stone Bridge Estates) K. 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. (SECOND CONSIDERATION) Council Work Session July 17, 2006 Page 3 L. VACATING A PORTION OF DANE ROAD SOUTH OF HIGHWAY 1. (VAC06-00002) (SECOND CONSIDERATION) Council requested a copy of the street plan shown on the overhead. M. APPROVING THE FINAL PLAT OF PARROTT ESTATES ADDITION, IOWA CITY, IOWA. (SUB06-00001 ) N. RECOMMENDATION TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT FOR APPROVAL 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). COUNCIL APPOINTMENTS Telecommunications Commission - Nicholas Parker LOWER WEST BRANCH ROAD City Engr. Knoche and Civil Engr. Panos presented a power point of the status and overview of the Lower West Branch reconstruction project. MID-AMERICAN FRANCHISE PRESENTATION (IP3 of 7/13 Info Packet) Terry Smith, representing Mid-American presented a power point on benefits to Mid-American and to the City to renew the franchise with Mid-American. Majority requested staff provide information on the next work session, July 31. Mayor Pro tern Bailey also requested that Council discuss a negotiation team comprised of at least 2 Council Members at that same meeting. STAFF ACTION: Schedule for July 31 work session. (Atkins) STREET VENDORS (agenda item # 7) Asst. City Mgr. Helling distributed maps of the City Plaza and keys to electrical outlets and water hydrants on the 100 and 200 blocks of Iowa Avenue. Council Member Champion suggested designating two parking spots for late night street vending. Majority were not interested in pursing the suggestion. TORNADO REVIEW Public Works Director Fosse presented a power point of the April 13 tornado recovery. Council suggested the presentation be shown on cable television. Council Work Session July 17, 2006 Page 4 SILO DISCUSSION (IP4 of July 13 info packet) Council Member Correia reported on her presentation to the School Board. Mayor Pro tem Bailey will appear at the public forum scheduled for July 19. Majority reiterated the interest in having a joint meeting to discuss the matter. AGENDA ITEMS AND COUNCIL TIME 1. (Agenda item # 8 - Resolution approving security information policy....) In response to Council Member Elliott, City Atty. Dilkes stated the items listed on the resolution were protected by the State Code previously, and the State Code had been repealed to provide City policy be established. 2. (Agenda item # 6 - ordinance amending Title 4... alcoholic beverages ... eliminate requirement for Johnson County officials ... state's electronic licensing system ...) Council Member O'Donnell stated he would be supporting the ordinance but the language of "good moral character" bothered him. City Clerk Karr noted staff was requesting expedited action as well. 3. (Agenda item # 5d - public hearing and ordinance ... rezoning ... 1820 Boyrum Street .. .) I n response to Council Member Vanderhoef, the City Clerk stated the item was scheduled for hearing and first consideration on July 18. Correspondence had been distributed from the applicant requesting expedited action, and adoption on August 1. 4. (Consent calendar item # 3e(1) - resolution setting public hearing ... 1220 South First Avenue to a public housing tenant) Council Member Correia noted that the City was doing several conveyances and requested an update of the policies and procedures operating the program. The City Manager stated he would provide information. Additionally, Correia asked if discussion of a community land trust program could be scheduled at the time of the next housing discussion. The City Manager suggested an update be provided on the public housing tenant program, and a memo on the status of housing discussions prior to scheduling discussion on a community land trust program. 5. (Consent Calendar # 3f(10) - resolution authorizing ... release of a school site ... Windsor Ridge Development) In response to Mayor Pro tem Bailey, PCD Director Franklin stated the covenant is being removed and the property reverts back to the developer. 6. (IP5 of 7/16 Info Packet and IP13 of7/13 Info Packet - Martin Diaz) In response to Mayor Pro tem Bailey, the City Attorney stated she would follow up with HIS Director Boothroy on the matter. 7. (Consent Calendar # 3e(2) - resolution setting public hearing ... redevelopment of Brookland Park ...) Council Member Elliott requested cost estimates, and the City Manager stated he would provide tomorrow evening. Council Work Session July 17, 2006 Page 5 8. (IP17 of 7/13 info packet - Historic Preservation draft minutes) Mayor Pro tem Bailey noted discussion in the Historic Preservation minutes again on work being done without a permit and questioned if there was an ongoing problem and suggested doing something on cable television what work requires a permit. 9. (Consent Calendar # 3g(8) - Deborah Conger... handicap parking... Old Capitol Mall) Council Member Correia asked if there was any way to keep an amount of handicap stalls available during the repair work in the ramp. The City Manager stated he would follow up with Parking & Transit Director Fowler. Vanderhoef suggested University paratransit involvement to pick up and take home during that period. 10. (Consent Calendar # 3g(4) - Gary Drown regarding traffic ticket) Council Member Elliott complimented Revenue and Risk Manager Miller for her well written response. 11. Council Member O'Donnell stated the new dog park was incredible, and very busy. 12. Council Member Correia asked if Highway 6 signage could be provided for Napoleon Park softball fields. City Manager will follow up. SCHEDULE OF PENDING DISCUSSION ITEMS Mayor Pro tem Bailey noted parking at City Park on football week-ends and Fire station # 2 were scheduled for July 17 and not done; Sand Lake concept plan and naming for July 31 along with Grand Avenue roundabout design and Farmer's Market. Majority agreed to move the Farmer's Market discussion to Fall and add housing discussion (next steps) to the July 31 work session. Meeting adjourned 9:20 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 - 7/17/06 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded 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 5:50 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/Marian~ C~C~ SUb~ for publication - 7/19/06. ~LJL- 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 7/18/06. Iowa City City Council regular meeting 7: 00 p. m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed Persons with Disabilities Day - July 29, 2006, Keith Ruff, Coordinator for the event accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: 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, 425 S. Gilbert St.; Class C Liquor License for IC Uglys, 210 N. Linn St.; Class C Liquor License for One Twenty Six, 126 E. Washington St.; Outdoor Service Area for One Twenty Six, 126 E. Washington St.; Renewal: Class B Beer Permit for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class C Beer Permit for Gasby's West, 2 Escort Ln.; Class C Beer Permit for Deli Mart #1, 525 Hwy 1 West; Class C Beer Permit for Deli Mart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Deli Mart #5, 206 E. Benton St.; Class C Liquor License for Etc., 118 S. Dubuque St.; Class C Liquor License for Mill Restaurant, 120 E. Burlington Street. RES. 06-220, TO ISSUE DANCE FLOOR PERMIT to Etc., 118 S. Dubuque St. and Mill Restaurant, 120 E. Burlington Street; RES. 06-221, TO ISSUE CIGARETTE PERMITS. 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 Official Actions July 18, 2006 Page 2 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 ANDTHE 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 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. Official Actions July 18, 2006 Page 3 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]. 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 and seconded 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). The Mayor declared the motion carried. Moved and seconded 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). The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. 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). Moved and seconded to accept correspondence from Brian DeCoster. The Mayor declared the motion carried. Moved and seconded 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), 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). Official Actions July 18, 2006 Page 4 Moved and seconded to adopt RES. 06-237, VACATING A PORTION OF RUPPERT ROAD WITHIN AVIATION COMMERCE PARK NORTH (VAC06-00004). Moved and seconded 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 mO), IOWA CITY, IOWA. Moved and seconded to accept correspondence from Wallace Taylor. The Mayor declared the motion carried. 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 and seconded 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. 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- 4219, 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 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 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. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 06- 4220, 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, 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 a portion of Dane Road South of Highway 1 (VAC06-00002), be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-240, APPROVING THE FINAL PLAT OF PARROTT ESTATES ADDITION, IOWA CITY, IOWA. Official Actions July 18, 2006 Page 5 Moved and seconded 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. 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. Moved and seconded to adopt RES. 06-241, APPROVING A SECURITY INFORMATION POLICY PURSUANT TO HF 2590, CODIFIED AT IOWA CODE SECTION 22.7(52). Moved and seconded 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. Moved and seconded 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. The Mayor declared the resolution defeated. 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 PreseNation Commission to fill an unexpired term ending March 29, 2008. Applications must be received by 5:00 p.m., Wednesday, August 16, 2006. Official Actions July 18, 2006 Page 6 Moved and seconded 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. Moved and seconded to adjourn meeting at 8:40 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ross Wilburn, Mayor s/Ma~_n K. Karr, City CleJ~ /~tL--' ~ I't'~ Submittea for publication - 7/26/06. ~LJ-~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 17, 2006 Iowa City City Council special meeting, 5:00 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, Dilkes, Karr. Council minutes tape recorded on Tape 06-55, Side 2. Moved by Champion, seconded by Correia, 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 5:01 p.m. Council returned to open session 5:50 p.m. Moved by Bailey, seconded by O'Donnell, to adjourn the special meeting at 5:50 p.m. The Mayor declared the motion carried, 4/0, Elliott, Correia, Champion, absent.. 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 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 PERMITto 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 Streetfrom 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 Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk