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HomeMy WebLinkAbout2006-08-22 Council minutes 1];[,.....-. - ~.Ut, 3a 2 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 22, 2006 Iowa City City Council meeting 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, O'Malley, Franklin. Council minutes tape recorded on Tape 06-62, Side 2; Tape 06-65, Side 1. Moved by Bailey, seconded by Champion, 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. July 31, Special Council Formal Official and Complete; July 31, Special Council Work Session; August 1, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission - July 20, 2006; Public Art Advisory Committee - July 6, 2006; Public Library - June 22, 2006; Civil Service Commission - August 3, 2006; Historic Preservation Commission - June 22, 2006; Parks and Recreation Commission - July 19,2006; Parks and Recreation Commission - June 14,2006; Police Citizens Review Board - July 11, 2006; Airport Commission - July 13, 2006; Airport Commission - July 27,2006; Youth Advisory Commission - June 14, 2006; Board of Adjustment - July 12, 2006; Housing and Community Development Commission - July 20, 2006; Senior Center Commission - June 20, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Beer Permit for Parth Mini Mart, Inc., dba Parth Mini Mart, 2153 ACT Circle; Class C Beer Permit for L&M Mighty Shop, Inc., dba L&M Mighty Shop, Inc., 504 E. Burlington St.; Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.; Class E Liquor License for Aajaxxx Liquor Store, Inc. dba Aajaxxx Liquor Store, 107 S. Linn St.; Class C Liquor License for Spo Co, Inc., dba sports Column, 12 S. Dubuque St.; Class C Beer Permittor New Pioneer Cooperative Society dba New Pioneer Co-Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.; Class C Liquor License for Iowa City Food & Spirits, Inc., dba Restaurant Verde, 509 S. Gilbert St.; Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St.; RES. 06-258, TO ISSUE DANCING PERMIT to Cream, LLC, dba Union Bar, 121 E. College St.; RES. 06-259, TO ISSUE CIGARETTE PERMITS; Class B Wine Permit for Prairie Table, Inc., dba Prairie Table, 223 E. Washington St. Motion: Approve disbursements in the amount of $19,336,396.53 for the period of June 1 through June 30, 2006, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 06-260, SETTING A PUBLIC HEARING FOR SEPTEMBER 5, 2006, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 938 LONGFELLOW PLACE. Complete Description August 22, 2006 Page 2 Resolutions: RES. 06-261, APPROVING AND AUTHORIZING EXECUTION OF A DECLARATION OF RESTRICTIONS AND COVENANTS ON AIRPORT PROPERTY RELEASED FOR THE MORMON TREK BOULEVARD EXTENSION; RES. 06-262, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FARMERS AND MERCHANTS SAVINGS BANK, IOWA CITY, IOWA FOR PERSONAL BUSINESS PROPERTY LOCATED AT 345 SOUTH DUBUQUE STREET, IOWA CITY, IOWA WITHIN THE BUSINESS OF GROUNDS FOR DESSERT COFFEEHOUSE; RES. 06-263, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1528 CROSBY LANE, IOWA CITY, IOWA; RES. 06-264, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 713 10th AVENUE, CORALVILLE, IOWA AND 2001-2003 8TH STREET, CORALVILLE, IOWA; RES. 06-265, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR JJR DAVIS SECOND ADDITION AND JJR DAVIS THIRD ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 06-266, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR GENERAL QUARTERS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 06-267, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR CARDINAL RIDGE - PART ONE AND CARDINAL RIDGE - PART TWO, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Acting Traffic Engineering Planner regarding Installation of additional BUS STOP signs to reflect changes in transit routes; Acting Traffic Engineering Planner regarding Removal of Handicap Parking at 813 Ronalds Street. Reinstate NO PARKING MON-WED-FRI 8-5 parking; Acting Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the west side of Brentwood Drive between Anna Street and York Place; Acting Traffic Engineering Planner regarding Installation of NO PARKING BETWEEN SIGNS signs on the north side of York Place between Broadmoor Lane and Brentwood Drive; Christine Mullen regarding Homeless Overflow [staff response included]; Russell Haught regarding Affordable Housing; Brad Mowrey regarding Wal-Mart; Tim Bernemann regarding Foster Road-Dubuque St. intersection renovation [staff response included]; Dennis Saeugling regarding MidAmerican Energy; Catherine Moore regarding Proposal for developers to include low & moderate housing in all their developments; Randy Ferguson regarding Traffic Light Safety; Robin Butler regarding Locked gate at soccer fields [staff response included]; Mike Andreski regarding Inclusionary Zoning [staff response included]; Nate Steele regarding Hazardous Waste Drop-off [staff response included]; Gordon Feenstra regarding Iowa River Corridor Trail; Marjorie Decker regarding Cambridge City Council Sister City - San Jose Las Flores in EI Salvador; Bill Burger regarding Forevergreen Road; Bill Burch regarding Outstanding service Complete Description August 22, 2006 Page 3 from the Streets Department; Daniel LoTempio regarding Mediacom [staff response included]; Shams Ghoneim regarding Thank You from J.C. Consultation of Religious Communities. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Wilburn presented City Manager Atkins with a Certificate of Recognition for his 20 years of service with the City and thanked him for his time and commitment. Jean Walker, 335 Lucon Dr., Melrose Neighborhood Representative, appeared regarding the Grand Avenue Roundabout project. Caroline Dieterle, 727 Walnut St., regarding proposed Charter amendments. Gordon Zumwalt presented the City with the American Legion Community Service Award for their continued work to provide transportation for senior citizens, persons with disabilities, veterans, and the general public. Moved by Correia, seconded by Bailey, to accept correspondence from Jean Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Champion, to set a public hearing for September 5 on a resolution amending the Comprehensive Plan by amending the Near Southside Design Plan to consider Central Business (CB-1 0) Zoning south of Burlington Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for September 5 on an ordinance conditionally rezoning 1.12 acres of property located at 314 & 328 South Clinton Street from Central Business Support (CB-5) Zone to Central Business (CB-10) Zone (REZ06-00015) (Hieronymus Square). 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 September 5 on an ordinance vacating the east/west alley in Block 102 (VAC06-00005) (Hieronymus Square). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for September 5 on an ordinance rezoning 9.53-acres of land located east of South Gilbert Street and west of Sandusky Drive from Interim Development Single-Family Residential (ID-RS) Zone to Low- Density Single-Family (RS-5), (REZ06-00010) (McCollister Subdivision). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 I Low Density Multi-Family Residential (P-1/RM-12) Zone (Melrose Ridge). Bob Burns, architectfor the project, appeared. Moved by Correia, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived, and that 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 I Low Density Multi-Family Residential (P-1/RM-12) Zone (Melrose Ridge), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Correia, seconded by Bailey, that the ordinance be given second vote for consideration at this time. Council agreed to meet at 8:00 a.m. on Complete Description August 22, 2006 Page 4 Friday, August 25, to give final approval. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be filially passed be suspended, the second consideration and vote be waived, and that ORD. 06-4228, REZONING 2.32-ACRES OF LAND LOCATED AT 2401 SCOTT BOULEVARD FROM GENERAL INDUSTRIAL (1-1) TO NEIGHBORHOOD PUBLlCIINTENSIVE COMMERCIAL (P-1/CI1) (REZ06-00016) (East Side Recycling Center), 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 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. 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. 06-4229, AMENDING TITLE 14, ZONING CODE, SUBSECTION 4E-8C, . NONCONFORMING SIGNS, TO ALLOW FOR RECONSTRUCTION OF A NONCONFORMING SIGN BY SPECIAL EXCEPTION, 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. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $3,400,000 General Obligation Refunding Capital Loan Notes, Series 2006C. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 06-268, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF NOT TO EXCEED $3,400,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C. 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 adopt RES. 06-269, DIRECTING SALE OF $3,350,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C. Finance Director O'Malley 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. 06-270, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1997A, OF THE CITY OF IOWA CITY, IOWA, DATED NOVEMBER 1,1997, AND DIRECTING NOTICE BE GIVEN. 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 instituting proceedings to take additional action for the issuance of not to exceed $10,000,000 Sewer Revenue Refunding Bonds, Subordinate Series 2006. Finance Director O'Malley present for discussion. Moved by Champion, seconded by Bailey, to adopt RES. 06-271, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 SEWER REVENUE REFUNDING BONDS, SUBORDINATE SERIES Complete Description August22,2006 Page 5 2006. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, that the ordinance amending Title 7, entitled "Fire Prevention and Protection," Chapter 1, entitled "Fire Code" by amending Section 4 to increase the penalties for overcrowding, be given first vote. City Atty. Dilkes presented information. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Atty. Matthew Petrzelka. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions," and Subsection C, entitled "School Speed Zones," to establish and amend the speed limit on portions of Mormon Trek Boulevard, Naples Avenue, Sycamore Street and U.S. Highway 6, be given first vote. 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 amending Title 6, entitled "Public Health and Safety," Chapter 3, entitled "Weed Control" by amending Section 1 to provide for enforcement throughout the year, 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 ordinance amending Title 3, entitled "Finances, Taxation and Fees" Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fine and Penalties," to make the fine for littering the same as the fine under the State Code and amending Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste," to broaden the definition of litter, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, to adopt RES. 06-272, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT FOR CONDUCTING A RECONNAISSANCE SURVEY OF THE NEAR SOUTHSIDE AREA TO IDENTIFY PROPERTIES ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES; AND AN INTENSIVE SURVEY IN THE MANVILLE HEIGHTS NEIGHBORHOOD TO INVESTIGATE POTENTIAL FOR A HISTORIC DISTRICT. PCD Director Franklin and City Atty. Dilkes present for discussion. Tim Weitzel, Historic Preservation Commission Chair, appeared. Individual Council Members expressed their views. Council directed staff to add language to the grant application "... that the nomination papers be completed, approved by the City Council, and submitted to the State..." Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Correia, to accept correspondence from John Chadima, Chris and Sheral Jensen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-273, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF Complete Description August 22, 2006 Page 6 THE 2006 TRAFFIC SIGNAL INTERCONNECT PROJECT. 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 adopt RES. 06-274, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE GILBERT STREET AND PRENTISS/BOWERY STREET INTERSECTION PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, to adopt RES. 06-275, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT YATES, INC. DIBIA DONNELLY'S PUB, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 06-276, APPROVING THE CALL TO ARTISTS FOR THE GRAND AVENUE ROUNDABOUT PROJECT. Moved by Vanderhoef, seconded by Elliott, to defer consideration until September 5. PCD Director Franklin present for discussion. Individual Council Members expressed their views. The Mayor declared the motion to defer defeated, 2/5, with the following voice vote: Ayes: Elliott, Vanderhoef. Nays: Bailey, Champion, Correia, O'Donnell, Wilburn. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Bailey, Champion, Correia. Nays: Vanderhoef, Elliott. Absent: None. Moved by Bailey, seconded by Champion, to adopt RES. 06-277, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST OF LOVE IS STRANGE FOR THE PURCHASE OF SAID SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Judi Gust and Bob McCown. The Mayor declared the motion carried unanimously, 710, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 06-278, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2006 UPDATING OF RATES FOR BASIC CABLE SERVICES. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies on boards and commissions: Telecommunications Commission to fill an unexpired term ending March 13,2008; 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. Applications must be received by 5:00 p.m., Wednesday, August 30, 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 by Correia, seconded by Vanderhoef, to appoint John McCormally, 1408 Prairie du Chien Road, to the Historic Preservation Commission to fill an unexpired term ending March 29, 2008. The Mayor declared the motion carried unanimously, 710, all Council Members present. Complete Description August 22, 2006 Page 7 Council Member Elliott reported on meeting the new Dean of the College of Business, Curt Hunter; and stated it was great to have the students back. Mayor Pro tem Bailey thanked the Creek side Neighborhood association for the great picnic; and thanked staff for the Community Development Block Grant Celebration at Grant Wood. Council Member Vanderhoef thanked the Parks & Recreation groups that have been working with neighborhood associations on the summer celebrations, noting she attended the Washington Park event with grandchildren; and reminded residents to drive carefully and take care of the children of our community. Mayor Wilburn thanked the University of Iowa for inviting him to speak to first generation university students; and stated he would be attending a meeting in Ames to discuss alternative municipal finance issues. Moved by Bailey, seconded by Vanderhoef, to adjourn to executive session to discuss strategy with counsel in matters that are in litigation where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 8:40 p.m. Council returned to open session 8:55 p.m. Moved by Champion, seconded by O'Donnell, to adjourn at 8:56 p.m. The Mayor declared the motion carried unanimously, 7/0, all Coun~mbers prJL ~(~J Ross Wilburn, Mayor r= 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 - 7/31/06 Iowa City City Council special meeting 6:30 p.m., at City Hall. MayorWilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded that the ordinance 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 given first vote. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting at 6:38 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 K Karr, City CI~~ SUb~li~on - 8/7/06. ~uJL _~"..___,.__~~_~"__~__~_____'"__"____"_'__~_______'_ ___________.____.__.__.___._____."____._______~...'w______.__"____._~_ .. I! j _r-= -~... :!:~w!:"'t. ~~ "'aD'~ ....,...~ CITY OF IOWA CITyca MEMORANDUM Date: July 31,2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 31,2006,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Baeth Staff: Atkins, Helling, Dilkes, Karr, Davidson, Boelk, Knoche, Fosse, Williams, Morris, Boothroy Tapes: 06-60 and 06-61, Both Sides (A complete transcription is available in the City Clerk's Office) PtANNING & ZONING ITEMS PCD Director Franklin present information on the following items: A. 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. (REZ06-00001) (Melrose Ridge) Franklin noted the conditional zoning agreement had not been signed and requested continuance of the hearing and deferral of the ordinance. B. 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) C; AMENDING TITLE 14, ZONING CODE, SUBSECTION 4E-8C, NONCONFORMING SIGNS, TO ALLOW FOR RECONSTRUCTION OF A NONCONFORMING SIGN BY SPECIAL EXCEPTION. D. CONDITIONALLY REZONING 1.39-ACRE PROPERTY LOCATED AT 1820 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC- 2) (REZ06-000014) (SECOND CONSIDERATION) (DeCoster) 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) (PASS AND ADOPT) Council Work Session July 31, 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-FAMILY RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) ZONE. (REZ06-00013) (PASS AND ADOPT) (Stone Bridge Estates) G. VACATING A PORTION OF DANE ROAD SOUTH OF HIGHWAY 1. (VAC06-00002) (PASS AND ADOPT) H. APPROVING THE FINAL PLAT OF HOLLYWOOD MANOR, PART 9, IOWA CITY, IOWA. (SUB06-00011) CONSENT CALENDAR DELETION City Clerk Karr requested the deletion of item 5e(3), accepting the work for General Quarters. The item will be considered on a later agenda. COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - no applicants, readvertise Airport Zoning Commission - no applicants, readvertise Library, Board of Trustees - Mary New (Mayor abstained due to conflict of interest on HCDC discussion) Housing & Community Development Commission - Michael Shaw and Steve Crane HOUSING POLICY (IP2 of 7/27 Info Packet) Majority agreed to: A. Schedule work session presentation on inclusionary zoning (voluntary and mandatory) o Video tape for public education on cable o Invite representatives from HCDC, Home Builders Association, School District, Housing Fellowship, Johnson County and other municipalities, o Legal review Pertinent Iowa Laws Funding Options Additional zoning o Schedule second work session for discussion o Schedule third work session open to the public for discussion (possible charatte) o City Manager to prepare memo regarding process B. Identify affordable housing options and distinctions in rental and purchase C. Explore affordable housing in older and current neighborhoods D. Utilizing Community Land Trust ideas (adding to tenant to owner program) Staff Action: Proceed as outlined. (Atkins) Council Work Session July 31, 2006 Page 3 COUNCIL TIME 1. (Consent Calendar item # 5d(2) - setting public haring ... second amendment... 426 Bayard Street to Frantz Construction ....) Mayor Pro tem Bailey requested the item be deleted from the Consent Calendar for separate consideration at the formal meeting. HIS Director Boothroy present for discussion. GRAND AVENUE ROUNDABOUT PRESENTATION Sr. Civil Engr. Boelk presented a power point presentation on the project. Asst. PCD Director Davidson present for discussion. STAFF ACTION: Contact University to have a representative present at next work session for an update on plan for the area. (Boelk) EAST SIDE RECYCLING CENTER PRESENTATION Architectural Services Staff Member Morris presented a power point presentation of the project. PW Director Fosse present for discussion. FOOTBALL GAME DAY PARKING No consensus to pursue at this time. AGENDA ITEMS (continued) 2. (Agenda item # 6 - conveyance of a single family home ... 1220 South First Avenue) City Manager Atkins stated he would follow up on the question of a down payment from Council Member Elliott. 3. (Agenda item # 7 - approving plans, specifications, form of contract ... Brookland Park.... Receipt of bids) Council Member Elliott expressed a desire to have the neighborhood share in the cost of the project. Individual Council Members stated the park was funded with a PIN grant and benefited more than just the neighborhood as anyone can use the park. Council Member Elliott also hoped that the signage would be more modest than the $35,000 for Benton Hill Park. 4. (Consent Calendar # 3f(4) - Correspondence from Amos Petersen ... sublease of mobile vending permit) Council Member Vanderhoef requested that the matter be discussed in the fall when Council discusses the downtown vendor issues, and prior to the next vending year. 5. (Consent Calendar # 3d(2) - Correspondence from Tom Saterfiel ... sidewalk issue on Muscatine Avenue) Mayor Pro tem Bailey asked that the project be photographed if possible. Council Work Session July 31,2006 Page 4 6. (Consent Calendar # 3f(?) - Correspondence from Kevin Hatch ... traffic light camera) Mayor Pro tem Bailey indicated she was not in favor of utilizing camera but did request more police enforcement. 7. (Consent Calendar # 3d(1) - ... authorizing mailing and publication of notice of intent ... public improvement project to construct the Lower West Branch Road - Scott Blvd. to Taft Avenue Improvements Project and to acquire property.....) In response to Mayor Pro tem Bailey, City Atty. Dilkes stated she would provide information on the State required process regarding agricultural property. 8. (Consent Calendar # 3d(2) ... setting a public hearing... second amendment... Bayard Street ... and # 3c(6) liquor license ... Skybox) Mayor Pro tem Bailey reminded Council of her earlier intent to remove the setting of the hearing on Bayard Street from the Consent Calendar and also requested the liquor license for Skybox also be removed. After discussion, Council to removal of the Bayard Street item for separate consideration, but the Skybox liquor license would remain on the Consent Calendar. Council expressed safety concerns about alcohol sales establishments not locate don the ground floor. 9. (Agenda item # 11 -.... Approving .... agreement ..... Earth Tech ...engineering consultant services for the McCollister Boulevard Roadway Project) Mayor Pro tem Bailey raised concerns regarding the need for additional public information meetings beyond those required in the agreement. Sr. Civil Engr. Boelk reported that a memo on the notification process the City follows has been prepared and will be sent to Council. 10. (Consent Calendar # 3f (10) - Correspondence... Jim Thibodeau... alley... 400 block between S. Gilbert and Van Buren Streets) In response to Council Member Correia, the City Manager stated he would report back. 11. (Agenda item # 8 - Hearing and resolution.... Cigarette permit suspension... assessing $1500 civil penalty... T & M Mini Mart ...) In response to Council Member Elliott, the City Attorney outlined the process. COUNCIL TIME None SCHEDULE OF PENDING DISCUSSION ITEMS Council Member Elliott confirmed staff would be presenting information addressing liquor sales from establishments not located on ground floors. STAFF ACTION: Provide memo to Council (Dilkes) Council Work Session July 31, 2006 Page 5 FUTURE MEETING SCHEDULE After discussion the following schedule was agreed upon: September 5 - combined special work session (5PM) and regular formal September 18, 19 - Regular work session and formal October 2, 3 - Regular work session (first hour BUDGET priorities) and formal October 16, 17 - Regular work session and formal October 30 - Special work session November 6 - Special work session November 7 (Election Day) - No meeting November 13, 14 - Special work session and formal November 23,24 - Thanksgiving, offices closed November 27, 28 - Special work session and formal December 4, 5 - Rescheduled December 11, 12 - Special work session and formal December 18, 19 - Cancelled December 25, 26 - Christmas, offices closed January 1 - New Year's, offices closed January 2 - Cancelled January 4 - Special BUDGET work session (8:00 am - Noon) January 8, 9 - Special work session and formal January 15 - Martin Luther King Day, offices closed January 16 - Special CIP BUDGET work session (8:00 am- 5:00 pm & video taped) January 22, 23 - Regular work session and formal January 29, 30 - Special BUDGET work session STAFF ACTION: Memo distributed in August 3 information packet. (Karr) Meeting adjourned 9:35 PM. em: 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 - 8/1/06 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 Recognition of Dr. Paul Shekwana; Community Development Week: August 14-18, 2006, Brian Richman, Vice Chair of Housing and Community Development Commission, accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from the Consent Calendar 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 Formosa Asian Cuisine, 241 E. College St.; Class C Liquor License for Field House, 111 E. College St.; Class B Beer Permit for Iowa City Fall Fun Festival, Inc., Tent A, 2120 Rochester Ave.; Class B Beer Permit for Iowa City Fall Fun Festival, Inc., Tent B, 2120 Rochester Ave.; Outdoor Service Area for Iowa City Fall Fun Festival, Inc., 2120 Rochester Ave.; Class C Liquor License for Skybox, 124 Y:z E. Washington St.; Class C Liquor License for Donnelly's Pub, 110 E College St. Renewal: Special Class C Liquor License for Englert Theatre, 221 E. Washington St.; Class C Liquor License for Martini's, 127 College St.; Outdoor Service Area for Martini's, 127 College St.; Class C Beer Permit for Big Kmart#4315, 901 Hollywood Blvd.; Class E Liquor License for Hy-Vee Drugstore, 310 N First Ave.; RES. 06-243, TO ISSUE DANCING PERMIT to Iowa City Fall Fun Festival, 2140 Rochester Ave.. and 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 Official Actions August 1, 2006 Page 2 BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING; RES. 06-246, FIXING DATE 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 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. 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 and seconded that the correspondence from Judy Eckman be accepted. The Mayor declared the motion carried. Rebecca Neades, Iowa City Chamber of Commerce, appeared regarding parking issues on Dubuque Street. Airport Commissioner Randy Hartwig updated Council on airport projects. Jean Walker, Melrose Neighborhood Association, 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. 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. The following individuals appeared: Bob Burns, representing Permanent Support of Housing Limited partnership and Chatham Oaks, Inc.; Vivian Davis, Executive Director of Chatham Oaks. Moved and seconded to continue public hearing to August 22. The Mayor declared Official Actions August 1, 2006 Page 3 the motion carried. Moved and seconded to accept correspondence from Tracy Falcomata. The Mayor declared the motion carried. Moved and seconded 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. 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). Moved and seconded that the ordinance rezoning 2.32-acres of land located at 2401 Scott Boulevard from General Industrial (1-1) to Neighborhood Publicllntensive Commercial (P-1/CI1) (REZ06-0016), be given first vote. 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 and seconded 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. 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. 06-4223, CONDITIONALLY REZONING A 1.39-ACRE PROPERTY LOCATED AT 1820 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2) (REZ06-000014), 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. 06-4224, 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. Moved and seconded 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), be passed and adopted. Molied and seconded that ORD. 06-4226, VACATING A PORTION OF DANE ROAD SOUTH OF HIGHWAY 1 (VAC06-00002), be passed and adopted. Moved and seconded to adopt RES. 06-251, APPROVING THE FINAL PLAT OF HOLLYWOOD MANOR, PART NINE, IOWA CITY, IOWA. 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. Moved and seconded to adopt RES. 06-252, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1220 SOUTH FIRST AVENUE TO A PUBLIC HOUSING PROGRAM TENANT. Official Actions August 1, 2006 Page 4 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. Moved and seconded 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. Moved and seconded to adopt RES. 06-254, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART. 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. 06-4227, 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 06-255, AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON COLLEGE STREET BETWEEN 7TH AVENUE AND MORNINGSIDE DRIVE. Moved and seconded 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. Moved and seconded 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. 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.] Official Actions August 1, 2006 Page 5 Moved and seconded 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. Mayor Wilburn left the table due to a conflict of interest. Mayor Pro tem Bailey presiding. Moved and seconded 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. Mayor Wilburn now presiding. Moved and seconded to accept correspondence from Steve Crane and John Kenyon. The Mayor declared the motion carried. Moved and seconded adjourn meeting at 8:10 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 K.. Karr, Cit,Y, Clerk / ) A~J)- k~ Submitfed for publication - 8/8/06. ~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 JULY 31,2006 Iowa City City Council special meeting 6:30 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, Williams, Knoche, Boothroy, Fosse, Davidson, Morris, Boelk, Franklin. Council minutes tape recorded on Tape 06-59, Side 1. Moved by O'Donnell, seconded by Champion, that the ordinance 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 given first vote. Individual Council Members expressed their concerns regarding serving alcoholic beverages above ground floor. The City Atty. stated City staff was looking at revisions to the Building Code to address safety issues and would report back to Council. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, to adjourn special meeting at 6:38 p.m. The Mayor declared the motion carried, 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 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 Permit for 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 % 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, 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 Ilow 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, 710, all Council Members present. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Tracy Falcomata. The Mayor declared the motion carried unanimously, 710, 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 Ilow Density Multi- Family Residential (P-1/RM-12) Zone (Melrose Ridge). Affirmative roll call vote unanimous, 710, 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 Publicllntensive 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/lntensive Commercial (P-1/CI1) (REZ06-0016), (East Side Recycling Center) be given first vote. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance 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, 710, 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, 710, 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 Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk