Loading...
HomeMy WebLinkAbout2006-09-05 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 SEPTEMBER 5, 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, Panos, O'Malley. Council minutes tape recorded on Tape 06-65, Side 2; Tape 06- 66, Side 2. The Mayor proclaimed International Student Day - September 13, 2006. Caryl Lyons, President of Friends for International Students accepted; Save A Life Month - September 2006; Suicide Prevention Week - September 10-16, 2006. Crisis Center representative Andrea Folsom accepted. Prostrate Cancer Awareness Month - September. Dr. George Weiner, Director of the Holden Cancer Center, and Dr. Dick Williams, Professor and Chair pf Urology, accepting. Moved by Champion, seconded by Correia, 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. August 21, Special Council Work Session; August 22, Special Council Formal Official and Complete; August 25, 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 - August 3, 2006; Civil Service Commission - August 15, 2006; Historic Preservation Commission - July 27, 2006; Historic Preservation Commission - July 13, 2006; Human Rights Commission - July 25, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St. . Renewal: Class C Liquor License for Takanami, LLC, dba Takanami, 217 Iowa Ave.; Special Class C Liquor License for Tropical Chill, Inc., dba Baldy's Wraps, 18 S. Clinton St.; Special Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 327 E. Market St.; Class C Beer Permit for FAP Enterprises, Inc., dba Gasbys, 1310 S. Gilbert St.; RES. 06-279, TO ISSUE CIGARETTE PERMIT for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St. Motion: approve disbursements in the amount of $12,1 00,116.82 for the period of July 1 through July 31, 2006, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 06-280, SETTING A PUBLIC HEARING ON AMENDING THE FY2007 OPERATING BUDGET; RES. 06-281, SETTING A PUBLIC HEARING ON SEPTEMBER 19, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HOUSING AND INSPECTIONS REMODELING PROJECT, DIRECTING CITY CLERK Complete Description September 5, 2006 Page 2 TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 06-282, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM FAREWAY STORES, INC. #034; RES. 06-283, ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS); RES. 06-284, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE FIRST AVENUE I IOWA INTERSTATE RAILROAD GRADE SEPARATION PROJECT; RES. 06-285, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT AND AN AMENDED AGREEMENT FOR THE PROPERTY LOCATED AT 611,613,615,619,625, AND 627 IOWA AVENUE, IOWA CITY, IOWA; RES. 06-286, ACCEPTING THE WORK FOR THE SOUTH GILBERT STREET I SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET PROJECT; RES. 06-287, ACCEPTING THE WORK FOR THE RIDGE ROAD WATER MAIN BORING PROJECT; RES. 06- 288, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN IMPROVEMENTS FOR LOT 2 OF WINDSOR RIDGE - PART TWENTY-ONE (BUILDINGS ADDRESSED 4954, 4956, 4958,.. .4976 E. COURT STREET; 221, 223, 225,...231 S. TAFT AVENUE; 261, 263, 265,...283 S. TAFT AVENUE; AND 301, 303, 305,...323 S. TAFT AVENUE), AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: JCCOG Traffic Engineering Planner regarding installation of NO PARKING ANY TIME signs on the south side of Apple Court; JCCOG Traffic Engineering Planner regarding removal of Iowa City BUS STOP sign on Gilbert Street at College Street/Installation of Iowa City BUS STOP sign on Washington Street at Gilbert Street; Acting Traffic Engineering Planner regarding installation of (2) HANDICAP RESERVED PARKING signs in front of 430 N. Van Buren Street; Jim Ponto regarding Smoking within 25 feet of building entrances [staff response included]; Ellen Heywood regarding Charter Amendments; Brian Frudden regarding Johnson County Permanent Supported Housing for Person with Special Needs; Mr. and Mrs. Daniel Keating regarding Common area behind Lindemann Drive; Joyce Barker regarding North Airport Development Subdivision; Dorothy Persson regarding Building occupation code related to housing persons temporarily; Catherine Moore regarding Housing in Iowa City; Lucille Heitman regarding Request for pedestrian crosswalk on Highway 1 near The Lodge apartment complex; Kathryn Jackelen regarding Pollution concerns; Jean Walker regarding Football games and the Melrose Neighborhood [Response included]; Paul Diehl regarding Alternatives to Grand Avenue Roundabout; Mayor Pro tem Bailey noted a correction to the work session minutes, item # 13, page 4, deleting reference to "Elmira Street" and correcting to "on my street". In response to Council Member Elliott, the City Manager clarified the National Incident Management System procedure (item f2). In response to Council Member Vanderhoef, City Manager Atkins stated he would follow up with staff on the potential to apply for aggregation for the grade separation project relative to the First Avenue I Iowa Interstate Railroad Grade Separation Project (item Complete Description September 5, 2006 Page 3 f3). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Bailey, to adopt late permit motions and Resolution as recommended by the City Clerk: Class C Beer Permit for Casey's Marketing Company dba Dubuque Street HandiMart #2761, 204 N. Dubuque 5t.; 2; Class C Beer Permit for Casey's Marketing Company dba Sunset HandiMart #2781,1410 Willow Creek Dr.; RES. 06- 289, TO ISSUE CIGARETTE PERMITS to Casey's Marketing Company dba Dubuque Street HandiMart #2761, 204 N. Dubuque St. and Casey's Marketing Company dba Sunset; HandiMart #2781,1410 Willow Creek Dr. Kirk Haworth, Regional Manager for Casey's General Stores, appeared. Moved by Elliott, seconded by Bailey, to accept a copy of policies and procedures of Casey's Marketing Company with regard to the sale of age-restricted products. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the permit motions carried and the resolution adopted. Senior Center Commissioner Jay Honohan updated Council on activities at the Center and distributed information. Rebecca Neades, Chamber of Commerce, noted previous discussion on commercial parking on Dubuque Street and suggested a meeting be held with businesses and Council representatives hosted by the Chamber. Council agreed to have Council Members Elliott and O'Donnell attend the meeting. The following individuals appeared regarding "Foster Crossing": Alan Swanson, Blank & McCue; Gwen Johnson (Lepic Kroeger) representing Mackinaw Village and the Peninsula; Gary Frakes, Gary Frakes Construction and Oakmont Estates; and Tom Bender, Developer representing Elk Run Condominiums. Moved by Bailey, seconded by Vanderhoef, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Rod Sullivan, 2326 E. Court Street, appeared regarding financing for the Hieronymus Square project. Rebecca Neades, Chamber of Commerce, distributed information on a Chamber seminar coming up on Tax Increment Finance (TIF). Moved by Vanderhoef, seconded by Bailey, to accept correspondence to Ms, Neades. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Amy Moore, 77 Olive Court, appeared regarding bicycles on the City sidewalks. Mayor Wilburn stated bicycles are not allowed on sidewalks in the downtown area, and noted information on City ordinances is available on the city website www.icqov.orq. Moved by Bailey, seconded by Vanderhoef, to set a public hearing for September 19 on an ordinance rezoning 49.05 acres of land located between Court Street and Lower West Branch Road from Low Density Single-Family Residential (RS-5) to Planned Development Overlay - Low Density Single-Family Residential (OPD5) (REZ06-00022) (Stone Bridge Estates). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution amending the Comprehensive Plan by amending the Near Southside Design Plan to consider Central Business (CB-10) Zoning south of Burlington Street (Hieronymus Square). No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 06-290, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE NEAR SOUTHSIDE DESIGN PLAN TO CONSIDER CENTRAL BUSINESS (CB-10) ZONING SOUTH OF BURLINGTON STREET Complete Description September 5, 2006 Page 4 (Hieronymus Square). PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance 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-1 0) Zone (Hieronymus Square). The following individuals appeared: John Hieronymus, representing the family that owns the property; Mike Hodge and Kevin Digmann, Hodge Construction. Moved by O'Donnell, seconded by Bailey, that the ordinance conditionally rezoning 1.12 acres of property located at 314 & 328 S. Clinton Streetfrom Central Business Support (CB-5) Zone to Central Business (CB-10) Zone (Hieronymus Square), 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 vacating the easUwest alley in Block 102 (Hieronymus Square). No one appeared. Moved by O'Donnell, seconded by Bailey, that the ordinance vacating the east-west alley in Block 102 (Hieronymus Square), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately 9.53 acres of land located east of Gilbert Street and west of Sandusky Drive from Interim Development- Residential/Historic District Overlay (ID-RS/OHD) Zone to Low Density Single-Family Residential/Historic District Overlay (RS-5/0HD), (McCollister Subdivision). No one appeared. Moved by Bailey, seconded by O'Donnell, that the ordinance rezoning approximately 9.53 acres of land, located east of Gilbert Street and west of Sandusky Drive from Interim Development-Residential/Historic District Overlay (ID-RS/OHD) Zone to Low Density Single- Family Residential/Historic District Overlay (RS-5/0HD), (McCollister Subdivision), 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, to defer to September 19, a resolution approving final plat of Silvercrest Residential Community - Part 3, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to forward a letter to the Johnson County Board of Adjustment recommending approval of a conditional use permit to operate a home business on 3.3 acres located at 4396 Taft Avenue. Owner of the property G. T. Karr appeared. Moved by Vanderhoef, seconded by Bailey, to amend the letter to include a provision for further review by the City if a substantial expansion of the business is undertaken. The Mayor declared the amendment carried, 5/2, with the following division of voice vote: Ayes: Vanderhoef, Wilburn, Bailey, Correia, Elliott. Nays: O'Donnell and Champion. Absent: None. The Mayor declared the motion to send the amended letter carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Bailey, to forward a leUer to the Johnson County Board of Supervisors recommending approval of a rezoning from County Residential (R) Zone to County Manufactured Housing Residential (RMH) Zone for approximately .58 acres of property located adjacent to the south side of Lake Ridge Manufactured Home Park, west Complete Description September 5, 2006 Page 5 of Riverside Drive. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to approve a tax exemption certificate. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to approve a continuing disclosure certificate. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to adopt RES. 06-291, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $3,350,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C, AND LEVYING A TAX TO PAY THE NOTES. Finance Director O'Malley present for discussion. Affirmation roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held declaring the City's intent to proceed with and authorizing the acquisition of property rights for the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements project. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-292, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LOWER WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT. Civil Engr. Panos present for discussion. Affirmation 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 938 Longfellow Place. No one appeared. Mayor Pro tem Bailey presiding. Moved by Bailey, seconded by Correia, to adopt RES. 06-293, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 938 LONGFELLOW PLACE. Individual Council Members expressed their views. Housing & Inspection Services Director Boothroy present for discussion. Mayor Wilburn stated he had a conflict of interest on this item and left the room. The Mayor Pro tem declared the resolution adopted, 5/1/1, Ayes: Bailey, Champion, Correia, O'Donnell, Vanderhoef. Nays: Elliott. Abstaining: Wilburn. Mayor Wilburn returned to the meeting. Moved by Vanderhoef, seconded by Bailey, that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees" Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fine and Penalties," Section 8, entitled "Parking Violations," to establish fines for library parking violations, 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 Vanderhoef, that 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 second vote. Housing & Inspection Services Director Boothroy present for discussion. Moved by Elliott, seconded by O'Donnell, to amend the effective date to February 1 st. The Mayor declared the motion to amend carried, 4/3, with the following division of voice vote: Ayes: Elliott, Champion, Correia, O'Donnell. Nays: Vanderhoef, Wilburn, Bailey. Absent: None. Affirmative roll call vote on second consideration as amended unanimous, 7/0, all Council Members present. . Complete Description September 5, 2006 Page 6 Moved by Bailey, seconded by Vanderhoef, 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. 06-4231, 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 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 Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by 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. 06-4232, 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 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 Elliott, 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. 06-4233, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Elliott, seconded by Correia, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-294, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND KDLP, INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE AT 126 E. WASHINGTON STREET TO ALLOW KLDP, INC. TO ASSIGN ITS INTEREST TO CHACKALACKAL, INC. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 06-295, AWARDING CONTRACT FOR THE RE-DEVELOPMENT OF BROOKLAND PARK to OEC, Inc. for Complete Description September 5, 2006 Page 7 $153,714.20. Staff will provide a memo on timeline for completion. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to appoint Margaret Weiting, 1403 Tracy Lane, to the Telecommunications Commission to fill an unexpired term ending March 13,2008. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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.] Council Member Correia asked for an update on access to Sycamore Trail and the gate being locked at the Soccer Fields; Staff will provide a memo; inquired as to the Consultation of Religious Communities request for finalizing issues surrounding homeless overflow; City Manager stated it would be on the next agenda; noted articles in National League of Cities on the Partnership for Working Toward Inclusive Communities and encouraged a Race Equity Proclamation for the next agenda; and said she would provide the annual report of the Housing Trust of Johnson County for the next packet. Council Member O'Donnell reported on the huge success of the Thornberry Dog Park and asked for an update on the Peninsula development. Council Member Vanderhoef noted the nice recognition on the Dog Park over the week-end, and asked for an update on the request to allow veterinarians to issue animal licenses. The City Manager stated staff was following up. Mayor Pro tern Bailey stated that Solid Waste Management Planner Neumann had talked to JCCOG re the hazardous waste mobile collection trailer and that no special events were scheduled but the service offered to communities and neighborhoods; and encouraged a more pro active approach and contact neighborhoods. Council Member Vanderhoef suggested contacting communities such as Riverside or Hills. Mayor Wilburn noted the United Way kickoff breakfast planned for September 7; a memorial service for James Van Allen scheduled for September 10; and informed Council and the public relating to the signing of the U.S. Conference of Mayors Climate Protection Agreement. Moved by Vanderhoef, seconded by O'Donnell, to adjourn at 9:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Cou~embers pr~s~t. ~l)J&~ Ross Wilburn, Mayor ~~~~ It ~~ Ma an K. Karr, City Clerk I ~ I :f~~~*t "-:' ~IIIII' .....,.. aM CITY OF IOWA CITy[;i[ MEMORANDUM Date: August 21, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 21, 2006, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Correia, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Davidson, Fowler, O'Brien, Ford, Boelk, Fosse, Knoche UISG Rep: Baeth Tapes: 06-63 & 06-64, Both Sides (A complete transcription is available in the City Clerk's Office) AGENDA ITEMS 1. (Agenda item # 8 - Consider an ordinance amending Title 7, ... to increase the penalties for overcrowding) Fire Chief Rocca present for discussion. Council agreed to give first consideration to the ordinance and requested HIS (Housing & Inspection Services) be present at the next work session to discuss how the occupancy calculations are done. PLANNING & ZONING ITEMS PCD Director Franklin introduced the new Economic Development Coordinator, Wendy Ford; and presented information on the following items: A. SETTING 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-10) ZONING SOUTH OF BURLINGTON STREET. B. SETTING 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-o0015) (Hieronymus Square) C. SETTING A PUBLIC HEARING FOR SEPTEMBER 5 ON AN ORDINANCE VACATING THE EASTIWEST ALLEY IN BLOCK 102. (VAC06-o0005) (Hieronymus Square) Council Work Session August 21, 2006 Page 2 D. SETTING 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) E. 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) F. 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). (SECOND CONSIDERATION) (Eastside Recycling Center) Council agreed to expedite consideration and pass and adopt at the formal meeting. G. AMENDING TITLE 14, ZONING CODE, SUBSECTION 4E-BC, NONCONFORMING SIGNS, TO ALLOW FOR RECONSTRUCTION OF A NONCONFORMING SIGN BY SPECIAL EXCEPTION. (SECOND CONSIDERATION) Council agreed to expedite consideration and pass and adopt at the formal meeting. COUNCIL APPOINTMENTS Historic Preservation Commission - John McCormally MID AMERICAN ENERGY FRANCHISE NEGOTIATIONS (IP2 of 8/17 Information Packet) City Atty. Dilkes present for discussion. Council agreed to retain outside counsel to negotiate an electrical franchise and have Mayor Pro tem Bailey and Council Member Vanderhoef serve on the negotiating team with staff. STAFF ACTION: Proceed as outlined. (Atkins/Dilkes) GRAND AVENUE ROUNDABOUT (CONTINUED DISCUSSION) Civil Engr. Boelk introduced University representatives Rod Lehnertz, Director of Campus and Facility Planning, and Dave Ricketts, Director of Parking and Transportation Services. Mr. Lehnertz presented information on the project and University involvement. Majority agreed to proceed. Staff action: Proceed as outlined. (Boelk) Council Work Session August 21, 2006 Page 3 CRIMESTOPPERS (IP3 of 8/17 Information Packet) Majority directed staff to proceed as a separate non profit independent organization. STAFF ACTION: Proceed as outlined. (Atkins) COMMERCIAL PARKING IN THE MIDDLE OF DUBUQUE STREET Parking & Transit Director Fowler, Parking Mgr. O'Brien, and Ass!. PCD Director Davidson present for discussion. Majority directed staff to write a letter to the Chamber stating staff was directed: a) To continue to enforce non commercial parking in the middle of Dubuque Street b) Enforce 15 minutes limit on commercialloading/unloading in the middle of Dubuque Street c) Enforce 30 minute limit on commercial vehicles parked in commercial loading zones in downtown area In addition Council directed staff to outline other options discussed and requested review and advice on each: 1) Creating two new commercial vehicle loading zones on Dubuque Street (requiring removal of four parking spaces in front of Sports Column) 2) Meter the current commercial vehicle loading zones on Iowa Avenue re replace the meters spaces lost in loading zones installed on Dubuque Street 3) Designate central business alleys as loading zones and limit loading/unloading to commercial vehicles only 4) Prohibit parking in the middle of the street to load/unload 5) Establish delivery times in the central business district STAFF ACTION: Prepare letter to Chamber for Mayor's signature. Letter sent and copy included in August 31 packet. (Fowler) AGENDA ITEMS (continued) 2. (Consent Calendar # 2f (2) .... Resolution authorizing the Mayor.... Subordinate agreement... Dessert Coffeehouse) In response to Council Member Correia, City Atty. Dilkes explained that the lender for the business is taking a security interest in the personal property in the business, and the City doesn't see this as a risk. 3. (Agenda item # 10 - ordinance amending Title 6 ... "weed control" ... enforcement throughout the year) City Manager Atkins outlined the process for responding to complaints. 4. (Consent Calendar # 2g(9) - Dennis Sauegling re Mid American Energy) Council Member Vanderhoef requested that the wind and energy stuffy done a number of years ago be updated, including measurement of the wind at the two sites, and potential Council Work Session August 21, 2006 Page 4 production; and that language be provided in the franchise agreement for conversion to wind power. 5. (Agenda item # 9 - Consider an ordinance amending Title 9 .. ..School Speed Zones) ln response to Council Member Elliott, City Atty. Dilkes stated the change in the Code does not change the speed limit but rather makes the Code consistent with the posted speed. 6. (Agenda item # 11 - Consider an ordinance amending Title 3... Solid Waste to broaden the definition of litter) In response to Council Member O'Donnell, the City Manager stated the provision was in accordance with State law. City Atty. Dilkes stated she would research whether cigarette butts were considered litter and report back. 7. (Agenda item # 12 - Consider a resolution authorizing the Historic Preservation Commission to file an application... Manville Heights Neighborhood) Council Member Elliott questioned whether the neighborhood was sharing in the cost, like Melrose Neighborhood did. The City Manager will follow up and report back at the formal meeting. Council questioned the notification process, deadline for applying and directed the City Atty. to review the grant application prior to the action at the formal meeting. 8. (Agenda item # 18 - Consider a resolution ... Mediacom ... basic cable services) In response to Council Member Elliott, Ass\. City Manager Helling stated the only thing the City can regulate is the basic rate and that was the action being requested. 9. (Agenda item # 13 - Consider a resolution authorizing acquisition... 2006 Traffic Signal Interconnect Project) In response to Mayor Pro tem Bailey, the City Manager stated the fibre optic cable can be used for other things than just connecting traffic signals. 10. (Consent Calendar # 2g (12) - Robin Butler regarding Locked Gate at Soccer Fields) Council Member Correia asked that staff pursue locking the gate at dusk to allow greater accessibility to the trails. City Manager will follow up with Parks & Recreation Director Trueblood. 11. (Consent Calendar # 2g (5) - Christine Mullen regarding Homeless Overflow) In response to Council Member Correia, the City Manager stated the Fire Department is drafting regulations and hopefully would be on the next agenda. 12. (Consent Calendar # 2g (8) - Tim Bernemann regarding Foster Road-Dubuque Street Intersection Renovations) Mayor Pro tem Bailey inquired who was responsible for repair and maintenance of the medians in front of Mayflower. The City Manager will follow up. 13. Mayor Pro tem Bailey reported that a transit sign had been removed for the changes in the routes by being broken off and a little nub left in the ground on my street. The City Manager will follow up. 14. Council Member Elliott noted a bus stop sign on Court Street at the crest of the hill near a dangerous intersection, staff will follow up. __ ___M'______________~_..______.____.__~_..__.____.__'_._~_~._,.__.._.__..._.._______..._._..__.._.._._,,_ Council Work Session August 21, 2006 Page 4 production; and that language be provided in the franchise agreement for conversion to wind power. , ! 5. (A nda item # 9 - Consider an ordinance amending Title 9 ... .School o/Peed Zones) In resp se to Council Member Elliott, City Atty. Dilkes stated the change/In the Code does not ch e the speed limit but rather makes the Code consistent with the posted speed. 6. (Agenda ite # 11 - Consider an ordinance amending Title 3 ... Sol,id Waste to broaden the definition f litter) In response to Council Member O'Donnell, tlie City Manager stated the provl 'on was in accordance with State law. City Atty. Dilkes stated she would research ether cigarette butts were considered litter and report back. I / 7. (Agenda item # 12 - onsider a resolution authorizing the His ric Preservation Commission to file an plication ... Manville Heights Neigh rhood) Council Member Elliott questioned whethe the neighborhood was sharing i the cost, like Melrose Neighborhood did. The Ci Manager will follow up and r port back at the formal meeting. Council questione e notification process, adline for applying and directed the City Atty. to review the gra pplication prior to t action at the formal meeting. 8. (Agenda item # 18 - Consider are ution... Med' com .., basic cable services) In response to Council Member Elliott, t. City Mager Helling stated the only thing the City can regulate is the basic rate and ~t was e action being requested. 9. (Agenda item # 13 - Consider a resolution thorizing acquisition... 2006 Traffic Signal Interconnect Project) In response to MayO[ r tern Bailey, the City Manager stated the fibre optic cable can be used for other thl gstha just connecting traffic signals. 10. (Consent Calendar # 2g (12) - Robin uller regardi Locked Gate at Soccer Fields) Council Member Correia asked that taft pursue locki the gate at dusk to allow greater accessibility to the trails. City Man ger will follow up WI Parks & Recreation Director Trueblood. 11. (Consent Calendar # 2g (5) - hristine Mullen regarding Ho eless Overflow) In response to Council Membe Correia, the City Manager state the Fire Department is drafting regulations and ho efully would be on the next agenda. fK. K, 1_ f/SfP/" 12. (Consent Calendar # 2 (8) - Tim Bernemann regarding Foster R Intersection Renovati s) Mayor Pro tern Bailey inquired who was sponsible for repair and maintenance of e medians in front of Mayflower. The'City Man er will follow up. 13. Mayor Pro tern B Iley reported that a transit sign had been removed for tQe changes in the routes by b ng broken off and a little nub left in the ground i:1Ii,U IEIFAi~\treet. The City Manager ill follow up. "'h.. mo ' 14. Council mber Elliott noted a bus stop sign on Court Street at the crest of tH a danger, us intersection, staff will follow up. Council Work Session August 21, 2006 Page 5 15. (Consent Calendar # 2e (1) - Consider a resolution setting a public hearing ... 938 Longfellow Place) In response to Mayor Pro tem Bailey, Council Member Correia reported that she had received an email from Housing Administrator Rackis and the tenant to ownership fund was at about $800,000, and more houses are planned in the Longfellow area. 16. (Agenda item # 16 - Consider a resolution ... call to artists ... Grand Avenue Roundabout Project) UISG Representative Baeth questioned whether this item would be deferred. No agreement was reached. COUNCIL TIME 1. Council Member Elliott asked if Council was interested in considering a self imposed maximum percent for TIF's. Council Member Vanderhoef requested the matter be referred to the Economic Development Committee and requested updated statistics. 2. Council Member Elliott noted Brown Street had been rebricked and questioned spending five times the cost of other streets and the fairness factor. 3. Council Member Champion reported that in the past city licenses were issued by the veterinarian after their shots, and she was recently informed that the now a citizen has to take the veterinarian certificate to the Animal Shelter for the license. She requested staff follow up, noting the advantages of the veterinarian doing the licensing. 4. Council Member Champion said that skateboards and bicyclists are back, and asked for heightened enforcement in the downtown area to remind new residents of the regulations and dangers. 5. Council Member Champion asked for enforcement regarding city regulation on parking across sidewalks, and on lawns. Mayor Pro tem Bailey stated that enforcement is often done on a complaint basis. 6. Council Member Vanderhoef reported on the increased number of mopeds and scooters in the downtown area. City Manager Atkins stated that mopeds can be on the street, scooters can not; scooters fit into bike rack and mopeds do not because of the tire width. Council agreed to provide information on city regulations concerning parking, and use of downtown sidewalks. City Manager reported that scooters are being ticketed. 7. Council Member O'Donnell reported on the success of the Dog Wash last week-end, and stated they had raised over $3,000. 8. Mayor Pro tem Bailey asked if there was interest in reviewing rules and regulations regarding taxi operations. Majority agreed to review. City Clerk Karr will provide information at the next work session. Council Work Session August21,2006 Page 6 9. Mayor Pro tem Bailey asked staff to talk with bicyclists regarding improvements to Burlington Streets and making it more accessible to bicyclists. 10. Mayor Pro tem Bailey noted the Council retreat a year ago and the development of goals; and asked that those goals be reviewed at an upcoming work session. Staff will follow up. 11. Council Member Vanderhoef asked staff to research with DOT to route Highway 1 traffic straight through to Gilbert and then Burlington (rather than turning on Riverside and again on Burlington). Mayor Pro tem Bailey questioned the impact on the Burlington Street Improvements (median) Project. Staff will follow up and prepare memo. 12. Council MemberGorreia provided an update of the Youth Advisory Board, election of officers, speakers, and projects. SCHEDULE OF PENDING DISCUSSION ITEMS Mayor Wilburn noted the earlier request from Mayor Pro tem Bailey to review goals identified at the Council goal setting session last year. FUTURE MEETING SCHEDULE Council agreed to: )> Special formal for final reading of the Melrose Ridge ordinance for 8:00 AM on Friday, August 25 )> Special work session and tour of the Fire Station # 2 project for 3:30 PM, Wednesday, August 30 )> Special meeting with local legislators for either 5:00 PM on Monday, November .13 (prior to work session) OR 5:30 PM on Thursday, November 9. First choice was November 13 date. STAFF ACTION: Prepare agenda and posting for special meetings on August 25 and 30. Notify legislators on legislative meeting. (Karr) Meeting adjourned 9:25 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 - 8/22/06 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. 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. 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, 2153 ACT Circle; Class C Beer Permit for L&M Mighty Shop, Inc., 504 E. Burlington St.; Class C Liquor License for dba George's Buffet, 312 E. Market St.; Class E Liquor License for Aajaxxx Liquor Store, 107 S. Linn St.; Class C Liquor License for Sports Column, 12 S. Dubuque St.; Class C Beer Permit for New Pioneer Co-Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor License for Airliner Bar, 22 S. Clinton St.; Class C Liquor License for Restaurant Verde, 509 S. Gilbert St.; Class C Liquor License for Union Bar, 121 E. College St.; RES. 06-258, TO ISSUE DANCING PERMIT to Union Bar, 121 E. College St.; RES. 06-259, TO ISSUE CIGARETTE PERMITS; Class B Wine Permit for 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. 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, Official Actions August 22, 2006 Page 2 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 from the Streets Department; Daniel LoTempio regarding Mediacom [staff response included]; Shams Ghoneim regarding Thank You from J.C. Consultation of Religious Communities. Official Actions August 22, 2006 Page 3 The Mayor declared the motion carried. 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 and seconded to accept correspondence from Jean Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved and seconded 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. Moved and seconded 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-1 0) Zone (REZ06-00015). The Mayor declared the motion carried. Moved and seconded to set a public hearing for September 5 on an ordinance vacating the east/west alley in Block 102 (V AC06-00005). The Mayor declared the motion carried. Moved and seconded 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). The Mayor declared the motion carried. 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. Bob Burns, architect for the project, appeared. 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 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, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance be given second vote for consideration at this time. 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- 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), 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 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- Official Actions August22,2006 Page 4 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. 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. Moved and seconded 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. Moved and seconded to adopt RES. 06-269, DIRECTING SALE OF $3,350,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C. Moved and seconded 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. 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. Moved and seconded 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 2006. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Atty. Matthew Petrzelka. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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 Official Actions August 22, 2006 Page 5 NATIONAL REGISTER OF HISTORIC PLACES; AND AN INTENSIVE SURVEY IN THE MANVILLE HEIGHTS NEIGHBORHOOD TO INVESTIGATE POTENTIAL FOR A HISTORIC DISTRICT. Tim Weitzel, Historic Preservation Commission Chair, appeared. 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..." Moved and seconded to accept correspondence from John Chadima, Chris and Sheral Jensen. The Mayor declared the motion carried. Moved and seconded, to adopt RES. 06-273, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE 2006 TRAFFIC SIGNAL INTERCONNECT PROJECT. Moved and seconded to adopt RES. 06-274, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE GILBERT STREET AND PRENTISS/BOWERY STREET INTERSECTION PROJECT. Moved and seconded 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. D/B/A DONNELLY'S PUB, FOR A SIDEWALK CAFE. Moved and seconded to adopt RES. 06-276, APPROVING THE CALL TO ARTISTS FOR THE GRAND AVENUE ROUNDABOUT PROJECT. Moved and seconded to defer consideration until September 5. The Mayor declared the motion to defer defeated.. Moved and seconded 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. Moved and seconded to accept correspondence from Judi Gust and Bob McCown. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-278, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2006 UPDATING OF RATES FOR BASIC CABLE SERVICES. 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 and seconded 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. Moved and seconded 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. The Mayor declared the motion carried and adjourned into executive session 8:40 p.m. Official Actions August 22, 2006 Page 6 Moved and seconded to adjourn at 8:56 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/Marian K. Karr, City Clerk Submitted for publication - 8/30/06. ~U~ ~ 1(. 1(aAfi/ 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 - 8/25/06 Iowa City City Council special meeting, 8:00 a.m. at City Hall. Mayor Pro tem Bailey presiding. Council Members present: Bailey, Champion, Correia, Vanderhoef. Absent: Elliott, O'Donnell, Wilburn. Moved and seconded that ORD. 06-4230, CONDITIONALLY REZONING APPROXIMATELY 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, be passed and adopted. Moved and seconded to adjourn special meeting at 8:05 a.m. The Mayor Pro tem declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. slRegenia Bailey, Mayor Pro tem s/Marian !<. Karr, City CIJelj< 7l1~ J(. *"~ Sub!nitted for publication - 8/29/06. ~~ 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 Permit for 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 71310th AVENUE, CORALVILLE,IOWAAND 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-10) 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), (REZ06-0001 0) (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, architect for 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 finally 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. D/B/A DONNELLY'S PUB, FOR A SIDEWALK CAFE. 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. 06-276, 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, 7/0, 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, 7/0, 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, 7/0, 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, 7/0, all Council Members present. __ _..._.___._____.._.___~_._._______'""__,._ _.__ ,,__,__.,____.___~_~_,~__..,._,._,_,,___.__._______"'..___.____,..__._._~..__.,___...___.__.m_ 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 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 25, 2006 Iowa City City Council special meeting, 8:00 a.m. at City Hall. Mayor Pro tem Bailey presiding. Council Members present: Bailey, Champion, Correia, Vanderhoef. Absent: Elliott, O'Donnell, Wilburn. Staff members present: Atkins, Holecek, Karr. Council minutes tape recorded on Tape 06-66, Side 1. Moved by Correia, seconded by Champion, that ORD. 06-4230, CONDITIONALLY REZONING APPROXIMATELY 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, be passed and adopted. Affirmative roll call vote unanimous, 4/0, Elliott, O'Donnell, Wilburn absent. They Mayor Pro tem declared the ordinance adopted. Moved by Vanderhoef, seconded by Champion, to adjourn special meeting at 8:05 a.m. The Mayor Pro tem declared the motion carried unanimously, 4/0, Elliott, O'Donnell, Wilburn absent. Regenia Bailey, Mayor Pro tem Marian K. Karr, City Clerk