HomeMy WebLinkAbout2006-09-19 Council minutes
. REVISED 9/29/06
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
SEPTEMBER 19, 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, Karr, Franklin,
Holecek, Okerlund. Council minutes tape recorded on Tape 06-69, Side 2; 06-72, Side 1.
The Mayor proclaimed Constitution Week - September 18-24, 2006, Shalla Wilson,
Chapter Regent DAR, accepting; World Wide Day of Play - September 30, 2006.
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. August 30, Special Council Work Session; September 5, Special Council
Work Session; September 5, 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): Civil
Service Commission - August 31, 2006; Public Library Board of Trustees - July 27,
2006; Telecommunications Commission - July 24,2006; Youth Advisory Commission-
August 14, 2006; Public Art Advisory Committee - August 3, 2006; Planning and
Zoning Commission - August 17, 2006; Police Citizens Review Board - August 8,
2006.
Permit Motions and Resolutions as Recommended by the City Clerk. Renewal:
Class C Beer Permit for Dan's Short Stop Corporation dba Dan's Short Stop, 2221
Rochester Ave.; Class C Beer Permit for Hawkeye Oil Company dba Scott Blvd.
Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Beer Permit for Hy-Vee,
Inc., dba Hy-Vee Gas #1,260 Stevens Dr.; Class C Beer Permit for Kum & Go, LC,
dba Kum & Go #53,955 Mormon Trek Blvd.; Class C Beer Permit for Kum & Go, LC,
dba Kum & Go #51, 323 E. Burlington St.; Class C Beer Permit for On the Go
Convenience Stores, Inc., dba On the Go Convenience Stores. Inc., 2315 Muscatine
Ave.; Class C Liquor License for Dawit's Restaurant, Inc., dba Dawit's Restaurant, 100
S. Linn St.; Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109
E. College St.; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish
Pub, 11 S. Dubuque St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba
Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for Hilltop Tavern,
Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Class C Beer Permit for Kum & Go, LC,
dba Kum & Go #52,25 W. Burlington St.; RES. 06-296, TO ISSUE REFUND FOR
CIGARETTE PERMIT to Nordstrom Oil Company dba North Dodge HandiMart, 2545
N. Dodge St.; Transfer of Class C Liquor License for Sams Pizza IC, Inc. dba Sams
Pizza IC, Inc. from 301 % Kirkwood Ave. to 441 S. Gilbert St.
Setting a Public Hearing: Set a public hearing for October 3 on an agreement
for private redevelopment by and between the City of Iowa City and Hieronymus
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 19, 2006
Iowa ity City Council regular meeting, 7:00 p.m. at City Hall.
presiding. Co ncil Members present: Bailey, Champion, Correia, Ell" tt, O'Donnell,
Vanderhoef, WI urn. Absent: None. Staff members present: Atki ,Helling, Dilkes, Karr,
Franklin, Holecek, Okerlund. Council minutes tape recorded on pe 06-69, Side 2; 06-72,
Side 1.
The Mayor pro laimed Constitution Week - Septembe 18-24,2006, Shalla Wilson,
Chapter Regent DAR, cepting; World Wide Day of Play - eptember 30, 2006.
Moved by Bailey, conded by Champion, that the lIowing items and
recommendations in the C sent Calendar be received, r approved, and or adopted as
amended:
Approval of Coun il Actions, subject to orrections, as recommended by the
City Clerk. August 30, Sp cial Council Wor ession; September 5, Special Council
Work Session; September ,Regular Cou il Formal Official and Complete.
Receive and File Minu s of Boar and Commissions (any recommendations
contained in minutes become e ctive nly upon separate Council action): Civil
Service Commission - August 31, 0 ; Public Library Board of Trustees - July 27,
2006; Telecommunications Commi ion - July 24,2006; Youth Advisory Commission-
August 14, 2006; Public Art Advis ommittee - August 3,2006; Planning and
Zoning Commission - August 17 2006; olice Citizens Review Board - August 8,
2006.
Permit Motions and R olutions as ecommended by the City Clerk. Renewal:
Class C Beer Permit for Da s Short Stop C poration dba Dan's Short Stop, 2221
Rochester Ave.; Class C eer Permit for Haw ye Oil Company dba Scott Blvd.
Hawkeye Convenience ore, 2875 Commerce r.; Class C Beer Permit for Hy-Vee,
Inc., dba Hy-Vee Gas 1,260 Stevens Dr.; Class Beer Permit for Kum & Go, LC,
dba Kum & Go #53, 5 Mormon Trek Blvd.; Class Beer Permit for Kum & Go, LC,
dba Kum & Go #51 23 E. Burlington St.; Class C B er Permit for On the Go
Convenience Stor s, Inc., dba On the Go Convenienc Stores. Inc., 2315 Muscatine
Ave.; Class C Li or License for Dawit's Restaurant, In ,dba Dawit's Restaurant, 100
S. Linn St.; Cia s C Liquor License for Givanni's of Iowa ity, Inc., dba Givanni's, 109
E. College St: Class C Liquor License for Micky's of Iowa ity, Inc., dba Micky's Irish
Pub, 11 S. buque St.; Class C Liquor License for Mondo' of Iowa City, Inc., dba
Joseph's eakhouse, 212 S. Clinton St.; Class C Liquor Lice se for Hilltop Tavern,
Ltd., dba iIItop Lounge, 1100 N. Dodge St.; Class C Beer Per it for Kum & Go, LC,
dba Ku & Go #52,25 W. Burlington St.; RES. 06-296, TO ISS E REFUND FOR
CIGA TTE PERMIT to Nordstrom Oil Company dba North Dod HandiMart, 2545
N. D dge St.; Transfer of Class C Liquor License for Sams Pizza I Inc. dba Sams
Piz a IC, Inc. from 301 y:, Kirkwood Ave. to 441 S. Gilbert St.
Setting a Public Hearing: Set a public hearing for October 3 on n agreement
r private redevelopment by and between the City of Iowa City and Hie onymus
,
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September 19, 2006
Complete Description
Page 2
Associates, Inc. Correspondence received from Stephen and Stephany Hoffelt,
Dennis Kowalski, Geoffrey Lauer, Rod Sullivan (2), Dale Shultz, James and Patricia
Ephgrave. RES. 06-297, SETTING A PUBLIC HEARING ON OCTOBER 3, 2006 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE TRAFFIC SIGNAL INTERCONNECT PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION.
Resolutions: RES. 06-298, APPROVING THE OFFICIAL FINANCIAL REPORT
FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30,
2006; RES. 06-299, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1164 HOTZ AVENUE, IOWA CITY, IOWA; RES. 06-300,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RELEASE OF LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT
1228 LOUISE STREET, IOWA CITY, IOWA; RES. 06-301, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS
REGARDING A MORTGAGE AND AN AMENDED MORTGAGE FOR THE
PROPERTY LOCATED AT 1625 CALIFORNIA AVENUE, IOWA CITY, IOWA; RES.
06-302, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY
NOTE FOR THE PROPERTY LOCATED AT 1306 WHITING AVENUE COURT, IOWA
CITY, IOWA; RES. 06-303, ACCEPTING THE WORK FOR THE COURT STREET
TRANSPORTATION CENTER; RES. 06-304, ACCEPTING THE WORK FOR THE
SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, CERTAIN
SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN-
PART XXIII AND VILLAGE GREEN - PART XXIV, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 06-305,
ACCEPTING THE WORK FOR THE SANITARY SEWER LIFT STATION, FORCE
MAIN, AND LIFT STATION ACCESS ROAD PUBLIC IMPROVEMENTS FOR
CARDINAL RIDGE - PART ONE, AND DECLARING PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE; RES. 06-306, ACCEPTING THE WORK
FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, CERTAIN
SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR WEST -
PART ONE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
one parking meter on the west side of 300 block of Linn Street for two hour limit at
$0.50/hr.; Acting Traffic Engineering Planner regarding Moving (1) existing NO
PARKING ANYTIME sign (with Arrow) on Walden Road 70' to the southwest of its
present location; Acting Traffic Engineering Planner regarding Removal of (2) BUS
STOP signs; Installation of (10) BUS STOP signs to reflect changes in Iowa City
Transit routes; Rhys Jones regarding Lexington Avenue; US Mayors Climate
Protection Agreement letter signed by Rocky Anderson, Cam Campbell, Peter
September 19, 2006
Complete Description
Page 3
Clavelle, Rosemarie Ives, Gavin Newsom, Greg Nickels, Pam O'Conner, Tom Potter,
Mark Ruzzin, R.T. Rybak; Harold Bezoni regarding Football parking; John Nieland
regarding Plasma arc technology; Scott Park letters from Brian and Beth Globokar,
Carrie Watson [Staff response included]; Brad McCusker regarding Truck Traffic on
Scott Blvd. [staff response included]; Sam Schrup regarding Downtown Portable Sign
Ordinance; Randy Ferguson regarding Dubuque and Park Road Red Light Runners
[staff response included]; Ryan O'Leary regarding Foster Crossing Neighborhood;
Vehicle for Hire (Taxi) issues letters received from Mike Thayer, Richard Shannon,
James Gray.
Finance Director O'Malley present for discussion of item 3e(1), official financial report for City
streets and parking. Mayor Wilburn repeated the public hearings as set. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Michael Wright 225 N. Lucas St., representing the Iowa City Neighborhood Council,
provided an update of activities. The following individuals appeared regarding downtown
problems resulting for the Iowa / Iowa State football game: Jim Clayton, 119 E. College St.;
Garry Sanders. Howard Horan, 2407 Crestview, representing the Airport Commission, stated
the Commission was in no rush for rezoning the north commercial area. George E.
Thompson, III, 243 Hutchinson, stated his opposition to future TIF projects.
A public hearing was held on an ordinance conditionally rezoning 49.05 acres of
property located south of Lower West Branch Road, north of Court Street and west of
Huntington Drive from Low Density Single-Family Residential (RS-5) Zone to Planned
Development Overlay/Low Density Single-Family Residential (OPD-5) Zone (REZ06-00022)
(Stone Bridge). No one appeared.
Moved by Bailey, seconded by Vanderhoef, that the ordinance conditionally rezoning
49.05 acres of property located south of Lower West Branch Road, north of Court Street and
west of Huntington Drive from Low Density Single-Family Residential (RS-5) Zone to Planned
Development Overlay/Low Density Single-Family Residential (OPD-5) Zone (REZ06-00022),
(Stone Bridge) be given first vote. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Bailey, that the ordinance conditionally rezoning
1.12 acres of property located at 314 & 328 S. Clinton Street from Central Business Support
(CB-5) Zone to Central Business (CB-1 0) Zone (Hieronymus Square), be given second vote.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Vanderhoef, seconded by O'Donnell, that the ordinance vacating the east-
west alley in Block 102 (Hieronymus Square), be given second vote. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Bailey, seconded by Vanderhoef, 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) Zone (McCollister Subdivision), be
given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried.
September 19, 2006
Complete Description
Page 4
Moved by Bailey, seconded by Elliott, to defer to October 3 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 Correia, seconded by Champion, to defer to October 3 a resolution
approving the final plat of Windsor Ridge Part Twenty-B, Iowa City, Iowa. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution amending the FY2007 Operating Budget.
No one appeared.
Moved by Champion, seconded by Bailey, to adopt RES. 06-307, AMENDING THE
CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2007. 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, and estimate of cost for the construction of the Housing and Inspections
Remodeling Project, establishing amount of bid security to accompany each bid, directing
City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No
one appeared.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 06-308, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE HOUSING AND INSPECTIONS REMODELING PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING
CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE
FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by Correia, that the 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. 06-4234, 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 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 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 Correia, that ORD. 06-4235, AMENDING TITLE 7,
ENTITLED "FIRE PREVENTION AND PROTECTION," CHAPTER 1, ENTITLED "FIRE
CODE" BY AMENDING SECTION 4 TO INCREASE THE PENALTIES FOR
OVERCROWDING, 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 Correia, to adopt RES. 06-309, APPROVING A
LOAN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT
FOR HUMANITY. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
September 19, 2006
Complete Description
Page 5
Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-310, 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
ENGINEERING ALLIANCE, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR THE U.S. HIGHWAY 6 & GILBERT STREET INTERSECTION IMPROVEMENT
PROJECT. 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. 06-311, 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 SHIVE-
HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
COURT HILL TRAIL PROJECT. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Correia, seconded by Bailey, to adopt RES. 06-312, APPROVING THE
TERMS ON WHICH THE CITY WILL PURCHASE A 160 - ACRE PARCEL OF LAND
LOCATED AT 4213 S.E. SAND ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. 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 announced the following vacancies for Board and Commissions. New:
Board of Adjustment to fill a five-year term January 1, 2007 - January 1, 2012; Board of
Appeals to fill a five-year term January 1,2007 - December 31,2011; Human Rights
Commission for three vacancies to fill three-year terms January 1, 2007 - January 1, 2010;
Parks and Recreation Commission for three vacancies to fill four-year terms January 1, 2007
_ January 1, 2011; Public Art Advisory Committee to fill a three-year term January 1, 2007 -
January 1, 2010; Senior Center Commission for two vacancies to fill three-year terms
January 1,2007 - December 31,2009; Youth Advisory Commission for three vacancies, (2)
age 15 to 17 and (1) age 18 to 21, to fill two-year terms January 1, 2007 - December 31 ,
2008; Housing and Community Development Commission to fill an unexpired term ending
September 1, 2008. Applications must be received by 5:00 p.m., Wednesday, November 8,
2006.Mayor Wilburn stated this was a great opportunity to get involved and encouraged
citizens to view more details on each opening on the city website.
The Mayor noted the previously announced vacancies: Airport Zoning Brd of
Adjustment to fill an unexpired term plus a five-year term ending December 31, 2011; Airport
Zoning Commission to fill a six-year term January 1,2006 - December 31,2011. [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.] Applications must be received by 5:00 p.m., Wednesday, November
8, 2006.
Council Member Elliott stated the City Clerk would be meeting with local taxi
companies regarding proposed changes to the ordinance and suggested two Council
Members also attend the meeting. Council Members Elliott and O'Donnell will attend;
complimented the successful Dog Paddle event at City Park pool; and stated he hoped ESPN
would utilize another color commentator for future broadcasts other than the one used for the
Iowa / Iowa State game.
September 19, 2006
Complete Description
Page 6
Mayor Pro tem Bailey asked Council Members to reserve November 8 for the
Convention and Visitors Bureau annual meeting and luncheon; and wished Mayor Wilburn a
Happy Birthday.
Council Member Vanderhoef reminded Councilors of the State League meeting next
week in Coralville; reported on attending a luncheon (Foster Crossing) with a group of
realtors collaborating on building a neighborhood in the peninsula; reported on an all day
seminar she attended involving small towns and big city neighborhoods involving community
and economic development, Historic Preservation, Vision Iowa and CAT grants.
Council Member O'Donnell requested an update on the Mid-American franchise
negotiations. Asst. City Manager Helling stated a meeting had been set for October 16; and
requested an update on the peninsula project.
Council Member Correia provided an update of activities of the Youth Advisory
Commission, noting a focused discussion planned for the October 4 meeting on the results of
the Iowa Youth Survey related to alcohol and marijuana use among young people; reported
on her and City staff members participation in the consortium on Successful Living event
earlier in the day; and suggested a meeting with the University community to talk about
expectations for community behavior as a results of events following the Iowa I Iowa State
football game. Council Member Vanderhoef requested a memo outlining man hours and cost
incurred by the City trying to keep order after that game. Mayor Pro tem Bailey encouraged
reframing comments, noting she was downtown and admitted to problems but that she
always felt comfortable and safe.
Mayor Wilburn reminded everyone of the 23rd annual Human Rights breakfast
scheduled for September 21; and congratulated Bicyclists of Iowa City (BIC) on their 25th
anniversary and the upcoming Amish Century Tour bike ride planned for Saturday,
September 23.
Moved by Elliott, seconded by Vanderhoef, to adjourn at 7:55 p.m. The Mayor
declared the motion carried unanimously, 7/0, all cou~rs present.
(J~
Ross Wilburn, Mayor
/J~n/ 1/ ~
Manan K. Karr, City Clerk
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CITY OF IOWA CIT~
MEMORANDUM
Date: September 12, 2006
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, August 30, 2006, 3:30 PM in Fire Training Center
Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn
Staff: Atkins, Helling, Dilkes, Karr, Morris, Rocca, Humston
Tapes: 06-67, Both Sides
(A complete transcription of is available in the City Clerk's Office)
TOURS OF FIRE STATIONS # 3. # 2. AND THE FIRE TRAINING CENTER
After the tours City Staff Member Morris presented a power point presentation (hard
copies distributed) on the design concepts for Fire Station # 2. Fire Chief Rocca,
Battalion Chief Humston, and Architect Will Downing from Rohrbach Carlson Associates
present for discussion.
Majority of Council directed staff to proceed with Option D.
STAFF ACTION: Proceed as outlined. (Atkins, Rocca, Morris)
Meeting adjourned 5:30 p.m.
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CITY OF IOWA CITY
MEMORANDUM
r':;a
Date: September 5, 2006
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, September 5, 2006, 6:30 PM in Emma J. Harvat Hall
,
Council: Bailey, Champion, Correia (5:30), Elliott, O'Donnell, Vanderhoef, Wilburn
UISG Rep: Baeth
Staff: Atkins, Helling, Dilkes, Karr, Franklin, Boothroy, Rocca, Robinson, Hennes
Tapes: 06-38, Both Sides
(A complete transcription is available in the City Clerk's Office)
PLANNING & ZONING ITEMS
PCD Director Franklin presented information on the following items:
A. SETTING 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)
B. AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE NEAR SOUTHSIDE
DESIGN PLAN TO CONSIDER CENTRAL BUSINESS (CB-10) ZONING SOUTH OF
BURLINGTON STREET. (Hieronymus Square)
Planning & Zoning Member Charlie Eastham present for discussion.
C. CONDITIONALLY REZONING 1.12 ACRES OF PROPERTY LOCATED AT 314 & 328 S.
SOUTH CLINTON STREET FROM CENTRAL BUSINESS SUPPORT (CB-5) ZONE TO
CENTRAL BUSINESS (CB-10) ZONE. (REZ06-00015) (Hieronymus Square)
D. VACATING THE EAST/WEST ALLEY IN BLOCK 102. (VAC06-00005) (Hieronymus
Square)
E. 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
Council Work Session
September 5, 2006
Page 2
SINGLE-FAMILY RESIDENTIAUHISTORIC DISTRICT OVERLAY (RS-5/0HD), (REZ06-
00010) (McCollister Subdivision)
F. APPROVING FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY - PART 3,
IOWA CITY, IOWA. (SUB06-00010)
The City Attorney stated the applicant has requested deferral to September 19.
G. 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.
H. LETTER 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 OF RIVERSIDE DRIVE.
ECONOMIC DEVELOPMENT PACKETS
In response to PCD Director Franklin, majority of Council agreed to continue distribution of the
meeting packet ot the entire Council.
COUNCIL APPOINTMENTS
Telecommunications Commission - Margaret Weiting
Airport Zoning Board of Adjustment - no applicants; readvertise
Airport Zoning Commission - no applicants; readvertise
Council Member Correia noted the Airport Zoning Boards that have been advertised for months
and questioned potential quorum issues and advertising procedures. City Clerk Karr will
prepare a memo.
STAFF ACTION: Memo in September 7 information packet. (Karr)
TREE REPLANTING (IP5 of August 24 Information Packet)
Parks & Forestry Sup. Robinson updated Council on tree damage as a result of the April
tornado.
FIRE OCCUPANCY - BUILDING CODE (Agenda item # 12)
Housing & Inspection Services Director Boothroy, Sr. Building Inspector Hennes, and Fire Chief
Rocca present for discussion. In response to Mayor Pro tem Bailey, HIS Director Boothroy
indicated that staff would be presenting an ordinance amendment regulating non ground (above
or below ground) level alcohol establishments in October.
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Council Work Session
September 5, 2006
Page 3
VEHICLE FOR HIRE (IP2 of August 31 Information Packet)
City Clerk Karr present for discussion. A majority indicated an interest in some specific hours of
operation; possibility of Sunday service; establishment of a minimum of vehicle to establish and
maintain company status; interest in safety and creditability; and requirement for bubble dome
light and taximeter.
STAFF ACTION: Prepare recommendation for Council review on September 18 work
session. (Karr)
AGENDA ITEMS
None
COUNCIL TIME
None
SCHEDULE OF PENDING DISCUSSION ITEMS
None
FUTURE MEETING MEETING
None
Meeting adjourned 6:30 PM.
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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 - 9/5/06
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 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 and seconded that the following items and recommendations in the Consent
Calendar be received, or approved, andlor 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 $12,100,116.82 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
Official Actions
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;
The Mayor declared the motion carried.
Moved and seconded 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 St.; 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
-~~--_...."------_.,-_.._",-,---,,-~---"-----,,-- - .. .... ....,------...------....------
Official Actions
September 5, 2006
Page 3
#2781,1410 Willow Creek Dr. Kirk Haworth, Regional Manager for Casey's General Stores,
appeared. Moved and seconded 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. 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 and seconded to accept correspondence. The Mayor declared the
motion carried. 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 and
seconded to accept correspondence to Ms, Neades. The Mayor declared the motion carried.
Amy Moore, 77 Olive Court, appeared regarding bicycles on the City sidewalks.
Moved and seconded 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). The Mayor declared the motion
carried.
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.
Moved and seconded 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.
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-10) Zone. The following individuals appeared: John
Hieronymus, representing the family that owns the property; Mike Hodge and Kevin Digmann,
Hodge Construction.
Moved and seconded that the ordinance conditionally rezoning 1.12 acres of property
located at 314 & 328 S. Clinton Street from Central Business Support (CB-5) Zone to Central
Business (CB-10) Zone, be given first vote. The Mayor declared the motion carried.
A public hearing was held on an ordinance vacating the east/west alley in Block 102.
Moved and seconded that the ordinance vacating the east-west alley in Block 102 be
given first vote. 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).
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Official Actions
September 5, 2006
Page 4
Moved and seconded 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), be given first vote. The Mayor declared the
motion carried.
Moved and seconded 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.
Moved and seconded 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 and
seconded 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. The Mayor declared the motion to send the amended letter carried.
Moved and seconded to forward a letter 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 of Riverside
Drive. The Mayor declared the motion carried.
Moved and seconded to approve a tax exemption certificate. The Mayor declared the
motion carried.
Moved and seconded to approve a continuing disclosure certificate. The Mayor
declared the motion carried.
Moved and seconded 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.
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.
Moved and seconded 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.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 938 Longfellow Place.
Moved and seconded to adopt RES. 06-293, AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 938 LONGFELLOW PLACE.
Moved and seconded 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. The Mayor declared the motion carried.
Moved and seconded 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. Moved and seconded to amend the effective date to
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Official Actions
September 5, 2006
Page 5
February 1 st. The Mayor declared the motion to amend carried. Affirmative roll call vote on
second consideration as amended. .
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-
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. 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-
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.
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-
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. The Mayor declared the
motion carried. Moved and seconded that the ordinance be finally adopted at this time.
Moved and seconded to adopt RES. 06-294, 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.
Moved and seconded to adopt RES. 06-295, AWARDING CONTRACT FOR THE RE-
DEVELOPMENT OF BROOKLAND PARK.
Moved and seconded 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.
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
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Official Actions
September 5, 2006
Page 6
vacancies with postings and on the Council agenda. However, no additional publication
costs will be incurred.]
Moved and seconded to adjourn at 9:00 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/~rian K. Karr, City Cle~k
~~.
Submi ed for publication - /13/06.
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
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 $12,100,116.82 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
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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
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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 St.; 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
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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-10) 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 Street from 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 east/west 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 letter 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
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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 tern 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 tern 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 1st. 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. .
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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, 710, 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, 710, 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, 710, 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, 710, 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, 710, all Council Members present. The Mayor declared
the motion carried. Moved by Elliott, seconded by Correia, that the ordinance be finally
adopted at this time. Affirmative roll call vote unanimous, 710, all Council Members present.
The Mayor declared the ordinance adopted.
Moved by 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. DIBIA 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, 710, 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
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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 tem 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 Council Members present.
Ross Wilburn, Mayor
Marian K. Karr, City Clerk
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