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HomeMy WebLinkAbout2006-05-23 Council minutes I ~ j ~::.:"....~... ~~~!:'"t. --=--.. .....J~ ..."..~ CITY OF IOWA CITym[ MEMORANDUM Date: May 1, 2006 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 1, 2006, 7:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Schreiber; Baeth Staff: Helling, Dilkes, Karr, Franklin, Long, Rackis Tapes: 06-38, Side 2; 06-40, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Dir. Franklin presented information on the following items: A. SETTING A PUBLIC HEARING FOR MAY 23 ON AN ORDINANCE REZONING 11.36 ACRES OF LAND LOCATED EAST OF SOUTH RIVERSIDE DRIVE FROM GENERAL INDUSTRIAL (1-1) TO HEAVY INDUSTRIAL (1-2) (REZ05-o0005) (Ace Auto) B. SETTING A PUBLIC HEARING FOR MAY 23 ON AN ORDINANCE REZONING PROPERTIES ASSOCIATED WITH THE UNIVERSITY OF IOWA TO INSTITUTIONAL PUBLIC (P2) C. SETTING A PUBLIC HEARING FOR MAY 23 ON AN ORDINANCE REZONING PROPERTIES ASSOCIATED WITH THE CITY OF IOWA CITY AND THE IOWA CITY PUBLIC SCHOOL DISTRICT TO NEIGHBORHOOD PUBLIC (P1) AND THE IOWA NATIONAL GUARD TO INSITUTIONAL PUBLIC (P2) D. VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET. (VAC06-00001) (Johnson County Department of Human Services) Majority of Council requested the Mayor contact the chair of the Board of Supervisors regarding a possible land swap for property owned by the County in the area for Shelter House to purchase. E. CONDITIONALLY REZONING APPROXIMATELY 1.51 ACRES OF PROPERTY LOCATED ON KOUNTRY LANE SE EAST OF SYCAMORE STREET FROM INTERIM DEVELOPMENT -MULTI-FAMILY (!D-RM) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL ZONE (RM-12). (REZ06-00003) (SECOND CONSIDERATION) Council Work Session May 1, 2005 Page 2 F. REZONING A 1.80 ACRE PROPERTY LOCATED AT 1803/1835 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC- 2). (REZ06-00005) (PASS AND ADOPT) Council Member Correia stated she would like the combine the work session and formal meeting on May 15, and cancel the May 16. After discussion Council agreed to cancel the meetings of May 15 and 16 and combine both to May 23, with a tentative start time of 5:00 PM for the work session. (see further discussion of schedule later in the meeting.) CITY STEPS ANNUAL ACTION PLAN (agenda item # 8) Mayor Wilburn left the table due to a conflict. Mayor Pro tern Bailey now presiding. Community Development Coordinator Long reviewed the current FY07 allocation process. PCD Dir. Franklin and HCDC Chair Jerry Anthony present for discussion. Majority agreed to place $89,409 in contingency fund, submit plan to HUD, and develOp plan for unallocated portion and arnended City Steps plan. STAFF ACTION: Proceed as outlined. (Long) HOUSING DISCUSSION Majority agreed to postpone discussion until the City Manager could be in attendance. AGENDA ITEMS 1. (Item # 15 - city purchase of 3.7 acre parcel... located at 2401 Scott Boulevard... ) In response to Mayor Pro tern Bailey the City Attorney stated clause 5 had been crossed off because the property had been inspected earlier for possible purchase by Habitat and a re-inspection was not necessary. 2. (Item # 19 - resolution establishing fees for annual pass fees for the Thornberry off- lease dog park) In response to a number of questions raised, the Mayor requested that Parks & Recreation Dir. Trueblood be present at the formal meeting. 3. (Item # 20 - resolution approving the 2006-2007 Deer Management Plan and affirming the Long-Term Deer Management Plan) Council Member Elliott noted the line the City will actively work with the Department of Natural Resources to fully understand and support their efforts, and that he understood this had not been done in the past or is currently being done. Mayor Pro tern Bailey questioned whether the "lights flashing when animal present" devices used in Indiana and Ohio along the toll way had been examined here by the IDOT, and questioned using them along 1-80. Staff will follow up. 4. (Item # 19 - resolution establishing fees for annual pass fees for the Thornberry off- lease dog park) Council Member O'Donnell suggested a free lifetime membership for former Council Member Dean Thornberry. Staff will follow up with Dog Pac organization. Council Work Session May 1, 2005 Page 3 5. (Item # 18 - resolution awarding contract ... permanent pavement marking project 2006) In response to Council Member Elliott, Ass!. City Manager Helling stated the marking are actual road markings lasting about three years. 6. (Item # 13 - Public hearing and resolution approving plans, specifications, form of contract ... Grand Avenue Roundabout Project...) Council Member Vanderhoef requested infonmation at the formal meeting about the original plan and neighborhood input, as well as a map. PCD Dir. Franklin present for discussion. COUNCIL MEMBER APPOINTMENTS (Item # 23) SEATS Para transit Advisory Committee: reappoint Dee Vanderhoef Johnson County Juvenile Justice Youth Development: reappoint Connie Champion Jail Facilities Subcommittee: appoint Bob Elliott AGENDA ITEMS (continued) 7. (Item # 11 -Jesolution instituting proceedings to take additional action for the issuance of $510,000 General Obligation Bonds) Council Member Vanderhoef requested that the name "Sand Lake Recreational Area" be changed as it is confusing with Sand Lake located near Highway 6. Staff will follow up. COUNCIL TIME 1. Council Member O'Donnell raised concerns regarding construction mud on Rocky Shore Drive and water runoff damaging other properties; staff will follow up. Mayor Pro tern Bailey noted a similar situation on North Gilbert as well. 2. Council Member O'Donnell noted staff had picked up 3200 pounds of trash blown out of cars and trucks on the way to the landfill, and asked staff to research fining vehicles that are not tarped. Staff will report back. 3. Council Member Elliott stated he had been notified on three different occasions of people at bust intersections "panhandling", and asked the police to monitor the situation. City Atty. Dilkes stated that if they are in the street they are causing danger to themselves and to others and Police will intervene. However, a person sitting or standing on the median is probably not something that can be addressed. 4. UISG Liaison Schreiber stated there would be a gap between his term ending May 1 and the appointment by UISG of the new liaison, but with the UISG approval the recommendation would be appoint alternate Austin Baeth to the position. Schreiber thanked Council for the opportunity to sit with Council. Council Members expressed appreciation to Schreiber for his work. Council Work Session May 1, 2005 Page 4 5. Council Member Vanderhoef reported on the unanimous passage of HF2772 which eliminates a service-sharing barrier by allowing cities to use the trust and agency levy to pay for law enforcement expenses that have been contracted from the county 6. (IP11 of 4/27 Info Packet - steering committee for redevelopment of 25 acres previously earmarked for the rainforest) Mayor Pro tem Bailey stated she would be incoming chair of the Convention and Visitors Bureau and serving on the Community Planning Process discussion, but CVB requested another City representative. Council Member Correia offered and majority agreed. 7. Majority agreed to schedule a 6:30 work session for Housing Discussion only on May 15. 8. Council Member Correia noted JCCOG discussion regarding the joint communications center and wondered when the Council would be discussing it separately. Mayor Wilburn stated that Council had requested the City Manager prepare a concept drawing for other entities to react to and keep the discussion moving. Meeting adjourned 9:15 PM. Subject to change as finalized by the City Clerk. For a final copy, contact City Clerk's Office at 356-5043. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 5/2/06 Iowa City City Council, regular meeting, 7:00 p.m. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed Health Care Coverage for the Uninsured Week - May 1-7, 2006, Barbara Stannard accepting; National Visiting Nurse Association Week - May 6-12, 2006, Executive Director Suellen Novotny accepting; Bicycle Month - May 2006, Mark Wyatt, rep. BIC and Iowa City Coalition accepting; Older Americans Month - May 2006, Maggie Elliott accepting. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Hailey Klabo, Cassie Pantel, Morgan Sladek. A special presentation, and special Certificate of Appreciation, was made by the Mayor to outgoing UISG Student Liaison Jeremy Schreiber, and alternate Austin Baeth. 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: April 12, Special Council Work Session; April 17, Regular Council Work Session; April 18, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission - April 6, 2006; Housing and Community Development Commission - March 29, 2006; Housing and Community Development Commission - March 23, 2006; Housing and Community Development Commission - March 9, 2006 Airport Commission - March 9, 2006; Senior Center Commission - March 21, 2006 Board of Adjustment - March 8, 2006; Parks and Recreation Commission - March 8, 2006; Human Rights Commission - February 28, 2006; Historic Preservation Commission - March 16,2006; Youth Advisory Commission - March 16, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Picador, 330 E. Washington St.; Outdoor Service Area for Picador, 330 E. Washington St. Renewal: Class C Liquor License for Rick's Grille & Spirits, 1705 S. First Ave. Suite Q; Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Sam's Pizza IC, Inc., 321 S. Gilbert St.; Class C Beer Permit for Suburban AMOCO-Keokuk Street, 1905 Keokuk St.; RES. 06- 128, TO ISSUE DANCE PERMITto Picador, 330 E. Washington St. Setting a Public Hearing: RES. 06-129 SETTING A PUBLIC HEARING ON AMENDING THE FY2006 OPERATING BUDGET, for May 23,2006. Resolutions: RES. 06-130, ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR PHASE 2 & 3 OF LOT 2, SADDLEBROOK ADDITION, PART 1; RES. 06-131, ACCEPTING THE WORK FOR THE 2003 Official Council Actions May 2, 2006 Page 2 HANDRAIL REPLACEMENT PROJECT; RES. 06-132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT TAKANAMI LLC., D/B/A TAKANAMI, FOR A SIDEWALK CAFE; RES. 06-133, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 519 RUNDELL STREET, IOWA CITY, IOWA; RES. 06-134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1906 WESTERN ROAD, IOWA CITY, IOWA; RES. 06-135, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 619 KIRKWOOD AVENUE, IOWA CITY, IOWA. Correspondence: Mike Thayer regarding Shared Penny Tax; Ryan Whitaker regarding Police Enforcement Policies and Practices; City bus service to West High School letters from Karen and Richard Lipman, Rich and Jill Ross; Rod Scott regarding ICC Friends of Iowa City tornado victims letters; Lexington Avenue gate letters from James Petran, Karin Southard; Dottie Hansen regarding Iowa City gas prices [staff response included]; John Stamler regarding Angel statue in City Park; Marlene Hoover regarding Restrictions for sex offenders [staff response included] Terry Smith regarding IC Tornado Preliminary Statistical Analysis of The Salvation Army Response; Tornado damage Iowa Ave. letters from Martha Gordon and Frank Gersh, Susan and Philip Lutgendorf; Frank Gersh; Mariane Michael regarding Tornado Recovery thank you. The Mayor noted the public hearing set for May 23, and the rescheduled Council Meeting from May 16. The Mayor declared the motion carried. Jay Honohan, Senior Center Commission Chair, updated Council on activities at the Center. Karin McKeone, 1181 Hotz Avenue, expressed appreciation for City staff and volunteers who assisted her and the neighborhood after the tornado on April 13th, and her hope for a restored Iowa City that celebrates history. Terry Smith, 2220 Balsam Ct., representing MidAmerican Energy provided an update on storm cleanup, the donation of $25,000 to United Way of Johnson Count to help aid in community reconstruction, and an additional $10,000 (added to the previously donated amount of $20,000 earlier in the year) to Project GREEN to help replace trees that were lost in the storm. Moved and seconded to accept correspondence from Jay Honohan, Karin McKeone, and Terry Smith. The Mayor declared the motion carried. Moved and seconded to set public hearing for May 23 on an ordinance rezoning 11.36 acres of land located east of South Riverside Drive from General Industrial (1-1) to Heavy Industrial (1-2) (Ace Auto). The Mayor declared the motion carried. Moved and seconded to set a public hearing for May 23 on an ordinance rezoning properties associated with the University of Iowa to Institutional Public (P2) [these properties include: 511 South Madison Street and 620 and 624 South Madison Street from Intensive Commercial (CI-1) to Institutional Public (P2); Lots 14 and 15 in Grand Avenue Court Addition Official Council Actions May 2, 2006 Page 3 and 320 Melrose Avenue from Medium Density Single Family Residential (RS-8) to Institutional Public (P2); Lot 4 in Melrose Court Addition, 223 Lucon Drive, 609 Melrose Avenue, and Oak Park Court, from Low Density Single Family Residential (RS-5) to Institutional Public (P2); 322 North Clinton from Planned High Density Multi-Family Residential (PRM) to Institutional Public (P2); 430 and 530 North Clinton from High Density Multi-Family Residential (RM-44) to Institutional Public (P2); and Old Capital Mall from Central Business (CB-1 0) to Institutional Public/Central Business (P2/CB-10)]. The Mayor declared the motion carried. Moved and seconded to set a public hearing for May 23 on an ordinance rezoning properties associated with the City of Iowa City and the Iowa City Public School District to Neighborhood Public (P1) and the Iowa National Guard to Institutional Public (P2) [these properties include: Benton Hill Park, Whispering Meadows Wetland Park, Outlot associated with East Hill Subdivision, Outlot associated with Longfellow Manor, and Outlot associated with Walden Wood from Medium Density Single Family Residential (RS-8) to Neighborhood Public (P1); properties associated with Glendale Park, Hunter's Run Park, Windsor Ridge Park, Grant Wood Elementary School and Irving B. Weber Elementary School from Low Density Single Family Residential (RS-5) to Neighborhood Public (P1); properties associated with Weatherby Park and the Sycamore Greenway Trail from Interim Development Single Family Residential (ID-RS) to Neighborhood Public (P1); properties associated with Court Hill Trail from Medium Density Multi-Family Residential (RM-20) to Neighborhood Public (P1); and properties associated with Harlocke Hill Park from Overlay Planned Development/High Density Multi- Family Residential (OPD/RM-44) to Neighborhood Public (P1); and fire station #4 at the intersection of Scott Boulevard and North Dodge Street from Rural Residential (RR-1) to Neighborhood Public (P1). property located on the north side of Melrose Avenue, west of Highway 218 from Neighborhood Public (P1) to Institutional Public (P2).] The Mayor declared the motion carried. A public hearing was held on an ordinance vacating the alley located North of Benton Street between Clinton Street and Dubuque Street (Johnson County) (VAC06-00001). Moved and seconded to continue public hearing to May 23. The Mayor declared the motion carried. Moved and seconded to defer to May 23 first vote on ordinance vacating the alley located North of Benton Street between Clinton Street and Dubuque Street (VAC06-00001). The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 06-4210, CONDITIONALLY REZONING APPROXIMATELY 1.51 ACRES OF PROPERTY LOCATED ON KOUNTRY LANE SE EAST OF SYCAMORE STREET FROM INTERIM DEVELOPMENT-MUL TI-FAMIL Y (ID-RM) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL ZONE (RM-12) (REZ06-00003), be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that ORD, 06-4211, REZONING A 1.80 ACRE PROPERTY LOCATED AT 1803/1835 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2) (Hy-Vee). (REZ06-00005), be passed and adopted. Official Council Actions May 2,2006 Page 4 A public hearing was held on a resolution adopting Iowa City's FY07 Annual Action Plan, which is a sub-part of Iowa City's 2006-2010 Consolidated Plan (City Steps), and authorizing the City Manager to submit said plan and all necessary certifications to the U.S. Department of Housing and Urban Development, and des~nating the City Manager as the authorized Chief Executive Officer. Sandy Pickup, 818 3' Avenue, representing the Free Medical Clinic thanked Council and HCDC for the opportunity to apply for funds again this year. Moved and seconded to accept correspondence from Jesse Burns. Moved and seconded to adopt RES. 06-136, ADOPTING IOWA CITY'S FY07 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of $6,220,000 General Obligation Bonds. Moved and seconded to adopt RES. 06-137, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of $535,000 General Obligation Bonds. Moved and seconded to adopt RES. 06-138, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF $535,000 GENERAL OBLIGATION BONDS. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of $510,000 General Obligation Bonds. Moved and seconded to adopt RES. 06-139, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF $510,000 GENERAL OBLIGATION BONDS. Moved and seconded to adopt RES. 06-140, DIRECTING THE ADVERTISEMENT FOR SALE OF $6,265,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS, SERIES 2006A AND $1,000,000 ESSENTIAL CORPORATE PURPOSE BONDS, TAXABLE SERIES 2006B, AND APPROVING ELECTRONIC BIDDING PROCEDURES. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Grand Avenue Roundabout 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. Jean Walker, 335 Lucon Drive, representing Melrose Neighborhood, and Donald Baxter, 316 Ridgeview, appeared. Moved and seconded to adopt a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Grand Avenue Roundabout Project establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to defer the resolution to May 23. The Mayor declared the motion carried. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2006 Asphalt Overlay Project Official Council Actions May 2, 2006 Page 5 establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 06-141, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2006 ASPHALT OVERLAY PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded to adopt RES. 06-142, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 3.7 - ACRE PARCEL OF LAND LOCATED AT 2401 SCOTT BOULEVARD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Moved and seconded to adopt RES. 06-143, APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA SCULPTOR'S SHOWCASE. Moved and seconded to adopt RES. 06-144, RECOMMENDING THE AWARD OF A CONTRACT BY THE IOWA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS PROJECT STPN-6-7(66)--2J-S2 to L.L. Pelling Company for $2,682,545.33. Moved and seconded to adopt RES. 06-145, AWARDING CONTRACT to All Iowa Contracting Waterloo, for $ 237,058.84 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE PERMANENT PAVEMENT MARKING PROJECT 2006. Moved and seconded to adopt RES. 06-146, ESTABLISHING ANNUAL PASS FEES FOR THE THORNBERRY OFF-LEASH DOG PARK. Moved and seconded to adopt RES. 06-147, APPROVING THE 2006-2007 DEER MANAGEMENT ANNUAL PLAN AND AFFIRMING THE LONG-TERM DEER MANAGEMENT PLAN. Moved and seconded to adopt RES. 06-148, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS (IAFF, AFL-CIO, LOCAL #610) TO BE EFFECTIVE JULY 1, 2006 THROUGH JUNE 30, 2009. The Mayor announced the current vacancy: Historic Preservation Commission to fill an unexpired term ending March 29, 2009. Applications must be received by 5:00 p.m., Wednesday, June 7, 2006. The Mayor noted the previously announced vacancies on Boards and Commissions: Historic Preservation Commission to fill two vacancies (1) Woodlawn, (1) College Green, for three-year terms March 29, 2006 - March 29, 2009. No applications were received at the April18111 meeting, and Council agreed to re-advertise this vacancy for appointment June 13th. Due to storm damage and the need for special commission meetings, staff is requesting appointments be made at the May 23rd meeting and being re-advertised with the deadline noted below. Applications must be received by 5:00 p.m., Wednesday, May 10, 2006; Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Commission to fill a six-year term January 1,2006 - December 31,2011; Housing and Community Development Commission for two vacancies (1) to fill an unexpired term plus a Official Council Actions May 2, 2006 Page 6 three-year term ending September 1, 2009, (1) to fill an unexpired term ending September 1, 2007. Applications must be received by 5:00 p.m., Wednesday, June 7, 2006. Moved and seconded to make the following appointments: Reappoint Dee Vanderhoef to the SEATS Paratransit Advisory Committee for a term ending June 30, 2008; reappoint Connie Champion, to the Johnson County Juvenile Justice Youth Development Program for an indefinite term; Bob Elliott to the Jail Facilities Subcommittee for an indefinite term. The Mayor declared the motion carried. Moved and seconded to adjourn meeting at 9:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor s/Marian K. Karr, City Clerk 7J(a-~ ~ X' ~.a::.vJ S"'Q!UL Subject to change as finalized by the City Clerk. For a final copy, contact City Clerk's Office at 356-5043. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 2, 2006 Iowa City City Council, regular meeting, 7:00 p.m. 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, Trueblood, Franklin, Scott, Rackis, Boelk, Long, Hightshoe. Council minutes tape recorded on Tape 06- 41, Both Sides; Tape 06-42, Side 1. The Mayor proclaimed Health Care Coverage for the Uninsured Week - May 1-7, 2006, Barbara Stannard accepting; National Visiting Nurse Association Week - May 6-12, 2006, Executive Director Suellen Novotny accepting; Bicycle Month - May 2006, Mark Wyatt, rep. BIC and Iowa City Coalition accepting; Older Americans Month - May 2006, Maggie Elliott accepting. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Hailey Klabo, Cassie Pantel, Morgan Sladek. A special presentation, and special Certificate of Appreciation, was made by the Mayor to outgoing UISG Student Liaison Jeremy Schreiber, and alternate Austin Baeth. Moved by Bailey, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 12, Special Council Work Session; April 17, Regular Council Work Session; April 18, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission - April 6, 2006; Housing and Community Development Commission - March 29, 2006; Housing and Community Development Commission - March 23, 2006; Housing and Community Development Commission - March 9, 2006 Airport Commission - March 9, 2006; Senior Center Commission - March 21, 2006 Board of Adjustment - March 8, 2006; Parks and Recreation Commission - March 8, 2006; Human Rights Commission - February 28, 2006; Historic Preservation Commission - March 16,2006; Youth Advisory Commission - March 16,2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Not A Malfunction, Inc., dba Picador, 330 E. Washington St.; Outdoor Service Area for Not A Malfunction, Inc., dba Picador, 330 E. Washington St. Renewal: Class C Liquor License for Jirsa's, LLC, dba Rick's Grille & Spirits, 1705 S. First Ave. Suite Q; Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Sam's Pizza IC, Inc., dba Sam's Pizza IC, Inc., 321 S. Gilbert St.; Class C Beer Permit for Suburban Investors, LLC, dba Suburban AMOCO-Keokuk Street, 1905 Keokuk St.; RES. 06- 128, TO ISSUE DANCE PERMIT to Not A Malfunction, Inc., dba Picador, 330 E. Washington St. Setting a Public Hearing: RES. 06-129 SETTING A PUBLIC HEARING ON AMENDING THE FY2006 OPERATING BUDGET, for May 23,2006. Complete Description May 2, 2006 Page 2 Resolutions: RES. 06-130, ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR PHASE 2 & 3 OF LOT 2, SADDLEBROOK ADDITION, PART 1; RES. 06-131, ACCEPTING THE WORK FOR THE 2003 HANDRAIL REPLACEMENT PROJECT; RES. 06-132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT TAKANAMI LLC., D/B/A TAKANAMI, FOR A SIDEWALK CAFE; RES. 06-133, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 519 RUNDELL STREET, IOWA CITY, IOWA; RES. 06-134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1906 WESTERN ROAD, IOWA CITY, IOWA; RES. 06-135, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 619 KIRKWOOD AVENUE, IOWA CITY, IOWA. Correspondence: Mike Thayer regarding Shared Penny Tax; Ryan Whitaker regarding Police Enforcement Policies and Practices; City bus service to West High School letters from Karen and Richard Lipman, Rich and Jill Ross; Rod Scott regarding ICC Friends of Iowa City tornado victims letters; Lexington Avenue gate letters from James Petran, Karin Southard; Dottie Hansen regarding Iowa City gas prices [staff response included]; John Stamler regarding Angel statue in City Park; Marlene Hoover regarding Restrictions for sex offenders [staff response included] Terry Smith regarding IC Tornado Preliminary Statistical Analysis of The Salvation Army Response; Tornado damage Iowa Ave. letters from Martha Gordon and Frank Gersh, Susan and Philip Lutgendorf; Frank Gersh; Mariane Michael regarding Tornado Recovery thank you. The Mayor noted the public hearing set for May 23, and the rescheduled Council Meeting from May 16. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jay Honohan, Senior Center Commission Chair, updated Council on activities at the Center. Karin McKeone, 1181 Hotz Avenue, expressed appreciation for City staff and volunteers who assisted her and the neighborhood after the tornado on April 13th, and her hope for a restored Iowa City that celebrates history. Terry Smith, 2220 Balsam Ct., representing MidAmerican Energy provided an update on storm cleanup, the donation of $25,000 to United Way of Johnson Count to help aid in community reconstruction, and an additional $10,000 (added to the previously donated amount of $20,000 earlier in the year) to Project GREEN to help replace trees that were lost in the storm. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Jay Honohan, Karin McKeone, and Terry Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description May 2,2006 Page 3 Moved by Champion, seconded by Correia, to set public hearing for May 23 on an ordinance rezoning 11.36 acres of land located east of South Riverside Drive from General Industrial (1-1) to Heavy Industrial (1-2) (Ace Auto). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to set a public hearing for May 23 on an ordinance rezoning properties associated with the University of Iowa to Institutional Public (P2) [these properties include: 511 South Madison Street and 620 and 624 South Madison Street from Intensive Commercial (CI-1) to Institutional Public (P2); Lots 14 and 15 in Grand Avenue Court Addition and 320 Melrose Avenue from Medium Density Single Family Residential (RS- 8) to Institutional Public (P2); Lot 4 in Melrose Court Addition, 223 Lucon Drive, 609 Melrose Avenue, and Oak Park Court, from Low Density Single Family Residential (RS-5) to Institutional Public (P2); 322 North Clinton from Planned High Density Multi-Family Residential (PRM) to Institutional Public (P2); 430 and 530 North Clinton from High Density Multi-Family Residential (RM-44) to Institutional Public (P2); and Old Capital Mall from Central Business (CB-10) to Institutional Public/Central Business (P2/CB-10)]. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to set a public hearing for May 23 on an ordinance rezoning properties associated with the City of Iowa City and the Iowa City Public School District to Neighborhood Public (P1) and the Iowa National Guard to Institutional Public (P2) [these properties include: Benton Hill Park, Whispering Meadows Wetland Park, Outlot associated with East Hill Subdivision, Outlot associated with Longfellow Manor, and Outlot associated with Walden Wood from Medium Density Single Family Residential (RS-8) to Neighborhood Public (P1); properties associated with Glendale Park, Hunter's Run Park, Windsor Ridge Park, Grant Wood Elementary School and Irving B. Weber Elementary School from Low Density Single Family Residential (RS-5) to Neighborhood Public (P1); properties associated with Weatherby Park and the Sycamore Greenway Trail from Interim Development Single Family Residential (ID-RS) to Neighborhood Public (P1); properties associated with Court Hill Trail from Medium Density Multi-Family Residential (RM-20) to Neighborhood Public (P1); and properties associated with Harlocke Hill Park from Overlay Planned Development/High Density Multi-Family Residential (OPD/RM-44) to Neighborhood Public (P1); and fire station #4 at the intersection of Scott Boulevard and North Dodge Street from Rural Residential (RR-1) to Neighborhood Public (P1). property located on the north side of Melrose Avenue, west of Highway 218 from Neighborhood Public (P1) to Institutional Public (P2).] The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Amy Correia stated she would be abstaining due to a conflict of interest on the next item. A public hearing was held on an ordinance vacating the alley located North of Benton Street between Clinton Street and Dubuque Street (Johnson County) (VAC06- 00001). Asst. Johnson County Atty. Andy Chappell present for discussion. Individual Council Members expressed their views regarding discussions with the County on a possible land swap for Shelter House. Moved by Vanderhoef, seconded by Bailey, to continue public hearing to May 23. The Mayor declared the motion carried 5/1/1, with the following vote: Ayes: Bailey, Champion, Elliott, O'Donnell, Vanderhoef. Nays: Wilburn. Abstaining: Correia. Moved by Champion, seconded by Bailey, to defer to May 23 first vote on ordinance vacating the alley located North of Benton Street between Clinton Street and Dubuque Street Complete Description May 2, 2006 Page 4 (VAC06-00001). The Mayor declared the motion carried unanimously, 6/0/1, Correia abstaining. 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. 06-4210, CONDITIONALLY REZONING APPROXIMATELY 1.51 ACRES OF PROPERTY LOCATED ON KOUNTRY LANE SE EAST OF SYCAMORE STREET FROM INTERIM DEVELOPMENT-MUL TI-FAMIL Y (ID-RM) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL ZONE (RM-12) (REZ06-00003), 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 Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by O'Donnell, that ORD, 06-4211, REZONING A 1.80 ACRE PROPERTY LOCATED AT 1803/1835 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2) (Hy-Vee). (REZ06-00005), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared ordinance adopted. Mayor Wilburn abstained due to a conflict of interest on the next item. Mayor Pro tem Bailey now presiding. A public hearing was held on a resolution adopting Iowa City's FY07 Annual Action Plan, which is a sub-part of Iowa City's 2006-2010 Consolidated Plan (City Steps), and authorizing the City Manager to submit said plan and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized Chief Executive Officer. Sandy Pickup, 818 3rd Avenue, representing the Free Medical Clinic thanked Council and HCDC for the opportunity to apply for funds again this year. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Jesse Burns. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn abstaining. Moved by Champion, seconded by Vanderhoef, to adopt RES. 06-136, ADOPTING IOWA CITY'S FY07 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Affirmative roll call vote unanimous, 6/0/1, Wilburn abstaining. The Mayor Pro tem declared resolution adopted. Mayor Wilburn now presiding. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of $6,220,000 General Obligation Bonds. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 06-137, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of $535,000 General Obligation Bonds. No one appeared. Complete Description May 2, 2006 Page 5 Moved by Bailey, seconded by Correia, to adopt RES. 06-138, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF $535,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of $510,000 General Obligation Bonds. No one appeared. Moved by Champion, seconded by Correia, to adopt RES. 06-139, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF $510,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 06-140, DIRECTING THE ADVERTISEMENT FOR SALE OF $6,265,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS, SERIES 2006A AND $1,000,000 ESSENTIAL CORPORATE PURPOSE BONDS, TAXABLE SERIES 2006B, AND APPROVING ELECTRONIC BIDDING PROCEDURES. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared 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 Grand Avenue Roundabout 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. Jean Walker, 335 Lucon Drive, representing Melrose Neighborhood, and Donald Baxter, 316 Ridgeview, appeared. Moved by Elliott, seconded by O'Donnell, to adopt a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Grand Avenue Roundabout 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. Sr. Civil Engr. Boelk present for discussion. After discussion it was moved by Elliott, seconded by Vanderhoef, to defer the resolution to May 23. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2006 Asphalt Overlay 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 Bailey, to adopt RES. 06-141, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2006 ASPHALT OVERLAY 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 resolution adopted. Moved by Correia, seconded by Champion, to adopt RES. 06-142, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 3.7 - ACRE PARCEL OF LAND LOCATED AT 2401 SCOTT BOULEVARD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Affirmative roll Complete Description May 2,2006 Page 6 call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. Moved by Bailey, seconded by Champion, to adopt RES. 06-143, APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA SCULPTOR'S SHOWCASE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 06-144, RECOMMENDING THE AWARD OF A CONTRACT BY THE IOWA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS PROJECT STPN-6-7(66)--2J-S2 to L.L. Pelling Company for $2,682,545.33. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 06-145, AWARDING CONTRACT to All Iowa Contracting Waterloo, for $ 237,058.84 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE PERMANENT PAVEMENT MARKING PROJECT 2006. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. Moved by Bailey, seconded by Correia, to adopt RES. 06-146, ESTABLISHING ANNUAL PASS FEES FOR THE THORNBERRY OFF-LEASH DOG PARK. Parks & Recreation Dir. Trueblood present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. Moved by Champion, seconded by Elliott, to adopt RES. 06-147, APPROVING THE 2006-2007 DEER MANAGEMENT ANNUAL PLAN AND AFFIRMING THE LONG-TERM DEER MANAGEMENT PLAN. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. Moved by Bailey, seconded by Champion, to adopt RES. 06-148, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS (IAFF, AFL-CIO, LOCAL #610) TO BE EFFECTIVE JULY 1,2006 THROUGH JUNE 30, 2009. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. The Mayor announced the current vacancy: Historic Preservation Commission to fill an unexpired term ending March 29, 2009. Applications must be received by 5:00 p.m., Wednesday, June 7,2006. The Mayor noted the previously announced vacancies on Boards and Commissions: Historic Preservation Commission to fill two vacancies (1) Woodlawn, (1) College Green, for three-year terms March 29, 2006 - March 29, 2009. No applications were received at the April 18th meeting, and Council agreed to re-advertise this vacancy for appointment June 13th. Due to storm damage and the need for special commission meetings, staff is requesting appointments be made at the May 23rd meeting and being re-advertised with the deadline noted below. Applications must be received by 5:00 p.m., Wednesday, May 10,2006; Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Commission to fill a six-year term January 1,2006 - December 31,2011; Housing and Community Development Commission for two vacancies (1) to fill an unexpired term plus a Complete Description May 2,2006 Page 7 three-year term ending September 1, 2009, (1) to fill an unexpired term ending September 1, 2007. Applications must be received by 5:00 p.m., Wednesday, June 7, 2006. Moved by Correia, seconded by Bailey, to make the following appointments: Reappoint Dee Vanderhoef to the SEATS Paratransit Advisory Committee for a term ending June 30, 2008; reappoint Connie Champion, to the Johnson County Juvenile Justice Youth Development Program for an indefinite term; Bob Elliott to the Jail Facilities Subcommittee for an indefinite term. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Elliott reported on a meeting on the homeless situation in Iowa attended by himself, and Council Members Correia and Champion; acknowledged the hundreds of fans and players in town the previous week-end for the ultimate Frisbee tournament; noted league registration was open for Bocce courts at City Park; and shared information regarding someone who was unable to build a house in Iowa City because the entrance was on the side but recently saw a number of historic homes damaged by the tornado with the same configuration. Mayor Pro tem Bailey noted the Project GREEN annual plant sale, May 6; re-opening of the Old Capitol the same morning; and the Crisis Center breakfast on May 7. She also questioned the start time of the work session on May 15 dealing with homeless issues and the Planning & Zoning meeting scheduled for 7:30 that same evening. After discussion Council agreed to retain the 6:30 start time for the work session. Council Member Vanderhoef referenced the late handout included in the Consent Calendar (from Frank Gersh) regarding a garage being torn down on Iowa Avenue and requested staff follow up; reported on the passage of HF2774 which eliminates a service- sharing barrier by allowing cities to use the trust and agency levy to pay for law enforcement expenses that have been contracted from the county; acknowledged a speaker on Early Childhood Education and a project underway at United Way; stated she would be speaking at the lOOT Coordination Council conference in North Liberty to improve Para transit activities in the region, and encouraged people to attend. Council Member O'Donnell stated former Mayor Lehman should be invited to the Crisis Center breakfast, noting spirited competition in pancake flipping over the years; thanked MidAmerican for their report and contributions to the community; stated he had brought up concerns the previous evening at the work session regarding construction mud on Rocky Shore Drive and staff will follow up; asked staff to tighten up tarp requirement policy for acceptance of items at the landfill. Council Member Champion requested PCD Dir. Franklin report on rules and ordinances to protect neighborhoods destroyed by the April tornado; and asked when the elevator would be repaired at Tower Place, staff will follow up. Council Member Correia acknowledged River Fest activities the previous week, and thanked the organizers for allowing her to participate as a food judge; reported on her attendance at the Health Center USA Kickoff breakfast the previous Friday; and her attendance with Council Members Elliott and Champion at the Homelessness Organizing meeting. Council Member Elliott distributed correspondence from Shellie Striegel on Keg registration and a meeting scheduled May 9, at 4:00 PM in City Hall. Complete Description May 2,2006 Page 8 Mayor Wilburn encouraged everyone to attend the Crisis Center breakfast on May 7; and reported on the ribbon cutting at the new soda fountain in Uptown Bill's Small Mall. Moved by Champion, seconded by Elliott, to adjourn meeting 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 I ~6;;a 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 MAY 23, 2006 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Davidson, Fowler, Logsden, Hargadine, Klingaman. Council minutes tape recorded on Tape 06-41, Side 2; Tape 06-42, Side 1. The Mayor proclaimed Summer of the Arts - May 19 - September 16, 2006, Katie Rocha, Executive Director, accepting. MidAmerican Energy representative Terry Smith presented a $10,000 check to the City designated to the Tornado Damaged Tree Replacement Project. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 1, Regular Council Work Session; May 2, 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): Parks and Recreation Commission - April 12, 2006; Airport Commission - May 1, 2006; Airport Commission - April 13, 2006; Board of Adjustment - April 13, 2006; Public Library- March 30, 2006; Police Citizens Review Board - March 21, 2006; Historic Preservation Commission - April 13, 2006; Historic Preservation Commission - April 27, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class E Liquor License for Cigarette Outlet, Inc., dba Cigarette Outlet #18, 1901 Broadway St. Suite 3. Renewal: Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn Street; Class B Wine Permit for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn Street; Class C Beer Permittor La Reyna, Inc., dba La Reyna, 1937 Keokuk St.; Class C Beer Permit for Nordstrom Oil Co. dba Dubuque Street HandiMart, 204 N. Dubuque St.; Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 South; Class C Beer Permit for Suburban Investors, LC, dba Suburban BP AMOCO, 370 Scott Court; Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 First Ave. South; Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St.; Temporary Transfer of a Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St. (City Park/Riverside Festival Stage 6/12/06- 7/10/06); Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 East; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537,923 S. Riverside Dr.; Class C Beer Permit for Goosetown Market, Inc., dba Goosetown Market, Inc., 600 N. Dodge St. Suite B. Motions: Approve disbursements in the amount of $8,592,748.02 for the period of March 1 through March 31,2006, as recommended by the Finance Director subject Complete Description May 23, 2006 Page 2 to audit; approve disbursements in the amount of $7,274,621.80 for the period of April 1 through April 30, 2006, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 06-149, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2667 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13,2006; RES. 06-150, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 617 BROOKSIDE DRIVE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13,2006; RES. 06-151, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2673 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JUNE 13, 2006; RES. 06-152, INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WESTSIDE AUTOMOTIVE L.L.C. FOR AN UNDEVELOPED .95 ACRE PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF HIGHWAY 1 WEST BETWEEN THE MORMON TREK BOULEVARD AND DANE ROAD INTERSECTIONS, AND TO DISPOSE OF SAID PARCEL ACCORDANCE HEREWITH, AND SETTING A PUBLIC HEARING FOR JUNE 13, 2006; RES. 06-153, INTENT TO ENTER INTO A LEASE AGREEMENT FOR THE LEASE OF THE BUILDING LOCATED AT 2401 SCOTT BOULEVARD TO IOWA VALLEY HABITAT FOR HUMANITY AND SETTING PUBLIC HEARING ON SAID LEASE FOR JUNE 13, 2006. Resolutions: RES. 06-154, APPROVING AN EARLY OCCUPANCY AGREEMENT FOR IOWA VALLEY HABITAT FOR HUMANITY AND THE BUILDING LOCATED AT 2401 SCOTT BOULEVARD; RES. 06-155, APPROVING THE DESIGN OF NEW EXTERIOR DOORS FOR THE MAHARISHI ENLIGHTENMENT CENTER ON THE CLINTON STREET ELEVATION OF OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET; RES. 06-156, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 131 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 06-157, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST, CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3035 STANFORD AVENUE, IOWA CITY, IOWA; RES. 06-158, ACCEPTING THE WORK FOR THE IOWA RIVER DAM RENOVATION PROJECT; RES. 06-159, ACCEPTING THE WORK FOR THE GRAND AVENUE IMPROVEMENTS PROJECT; RES. 06-160, IN SUPPORT OF AN APPLICATION BY THE HOUSING TRUST FUND OF JOHNSON COUNTY FOR FUNDS FROM THE STATE HOUSING TRUST FUND. Correspondence received from Andy Johnson. Correspondence: Jerry Anthony regarding General Obligation Bond to the Housing Fellowship; Bev Weismann, John Rutherford letters regarding College St. traffic calming; Jay Christensen-Szalanski regarding New Economic Proposal and Request for meeting; John and George Dane regarding Future Park; Joe Assouline regarding City inspection on rental units; Virginia Stamler regarding Angel memorial in the City Park; John McCown regarding Speeding Ticket [Staff response included]; Clifford Pirnat regarding City Park pathway repair [Staff response included]; Tom Riley Complete Description May 23,2006 Page 3 regarding MidAmerican Franchise; Ed Romano regarding Weed ordinance [Staff response included]; Ban smoking letter from Lindy Malliet, Andrea Vavrik, Kelly Rilett, Kerri Purcell, Maureen Pope, Jenn Basile, Ashley Heinkel; Jim Ephgrave regarding Givanni's conversion of a public right-of-way to private use; Tundi Brady regarding City park pool renovation; Marybeth Slonneger regarding After the tornado; Nick Nassif Jr. regarding Shoe Doctor Repair Shop; Teja Huntley regarding Affordable homes in Iowa City and Johnson County; Cheryl Nelson regarding CTS Services. Individual Council Members pointed out items. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Andy Johnson, Executive Director of the Housing Trust Fund of Johnson County, thanked Council for their support of the grant application contained in the Consent Calendar. Joe Assouline appeared regarding his letter on the Consent Calendar on city inspection fee for rental units. Dell Richard, 1250 Melrose Avenue, President of the Johnson County Historical Society, thanked Council for their allocation of $4000 to the Society and updated activities of the group. Moved by Champion, seconded by Bailey, to accept correspondence from Mr. Richard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public discussion was held on proposed transit route changes. The following individuals appeared: Austin Baeth; Janelle Rettig, 110 Shrader Rd.; Candy Barnhill, 154 Friendship St.; and Peter McElligott, University of Iowa Student Government President. Parking & Transit Director Fowler and Transit Mgr. Logsden present for discussion. Moved by Champion, seconded by Vanderhoef, to accept correspondence from Tim and Jacki Brennan, Monika Capper, Deana Gholson, JoAnn Miller, Charlotte Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance conditionally changing the zoning designation of 11.36 acres (Ace Auto Recyclers) from General Industrial (1-1) to Intensive Industrial (1-2) for property located east of Riverside Drive. No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance conditionally changing the zoning designation of 11.36 acres (Ace Auto Recyclers) from General Industrial (1-1) to Intensive Industrial (1-2) for property located east of Riverside Drive, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Bailey, Champion, Correia, Elliott. Nays: Vanderhoef. Absent: None. A public hearing was held on an ordinance rezoning properties associated with University of Iowa to Institutional Public (P2): 511 South Madison Street and 620 and 624 South Madison Street from Intensive Commercial (CI-1) to (P2); Lots 14 and 15 in Grand Avenue Court Addition and 320 Melrose Avenue from Medium Density Single Family Residential (RS-8) to (P2); Lot 4 in Melrose Court Addition, 223 Lucon Drive, 609 Melrose Avenue, and 3 Oak Park Court, from Low Density Single Family Residential (RS-5) to (P2); 322 North Clinton from Planned High Density Multi-Family Residential (PRM) to (P2); 430 and 530 North Clinton from High Density Multi-Family Residential (RM-44) to (P2); and Old Capitol Mall from Central Business (CB-10) to (P2/CB-10). No one appeared. Moved by O'Donnell, seconded by Correia, that the ordinance rezoning properties associated with University of Iowa to Institutional Public (P2): 511 South Madison Street and 620 and 624 South Madison Street from Intensive Commercial (CI-1) to (P2); Lots 14 and 15 in Complete Description May 23, 2006 Page 4 Grand Avenue Court Addition and 320 Melrose Avenue from Medium Density Single Family Residential (RS-8) to (P2); Lot 4 in Melrose Court Addition, 223 Lucon Drive, 609 Melrose Avenue, and 3 Oak Park Court, from Low Density Single Family Residential (RS-5) to (P2); 322 North Clinton from Planned High Density Multi-Family Residential (PRM) to (P2); 430 and 530 North Clinton from High Density Multi-Family Residential (RM-44) to (P2); and Old Capitol Mall from Central Business (CB-10) to (P2/CB-10), 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 properties the following properties associated with the City of Iowa City and the Iowa City Public School District to Neighborhood Public (P1) and the Iowa National Guard to Institutional Public (P2): Benton Hill Park, Whispering Meadows Wetland Park, Outlot associated with East Hill Subdivision, Outiot associated with Longfellow Manor, and Outlot associated with Walden Wood Part 9 from Medium Density Single Family Residential (RS-8) to (P1); properties associated with Glendale Park, Hunter's Run Park, Windsor Ridge Park, Grant Wood Elementary School and Irving Weber Elementary School from Low Density Single Family Residential (RS-5) to (P); properties associated with Weatherby Park and the Sycamore Greenway Trail from Interim Development Single Family Residential (ID-RS) to (P1); properties associated with Court Hill Trail from Medium Density Multi-Family Residential (RM-20) to (P1); and properties associated with Harlocke Hill Park from Overlay Planned Development/High Density Multi-Family Residential (OPD/RM-44) to (P1); and Fire Station #4 at the intersection of Scott Boulevard and North Dodge Street from Rural Residential (RR-1) to (P1) property located on the north side of Melrose Avenue, west of Highway 218 from (P1) to Institutional Public (P2). No one appeared. Moved by Bailey, seconded by O'Donnell, that the ordinance rezoning properties the following properties associated with the City of Iowa City and the Iowa City Public School District to Neighborhood Public (P1) and the Iowa National Guard to Insitutional Public (P2): Benton Hill Park, Whispering Meadows Wetiand Park, Outlot associated with East Hill Subdivision, Outlot associated with Longfellow Manor, and Outiot associated with Walden Wood Part 9 from Medium Density Single Family Residential (RS-8) to (P1); properties associated with Glendale Park, Hunter's Run Park, Windsor Ridge Park, Grant Wood Elementary School and Irving Weber Elementary School from Low Density Single Family Residential (RS-5) to (P); properties associated with Weatherby Park and the Sycamore Greenway Trail from Interim Development Single Family Residential (ID-RS) to (P1); properties associated with Court Hill Trail from Medium Density Multi-Family Residential (RM-20) to (P1); and properties associated with Harlocke Hill Park from Overlay Planned Development/High Density Multi-Family Residential (OPD/RM-44) to (P1); and Fire Station #4 at the intersection of Scott Boulevard and North Dodge Street from Rural Residential (RR-1) to (P1). property located on the north side of Melrose Avenue, west of Highway 218 from (P1) to Institutional Public (P2), 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 alley located north of Benton Street between Clinton Street and Dubuque Street. Andy Chappell, Johnson County Attorney's office, appeared. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Mike Lehman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description May 23, 2006 Page 5 Council Member Amy Correia stated she would be abstaining due to a conflict of interest. Moved by O'Donnell, seconded by Elliott, that the ordinance vacating the alley located north of Benton Street between Clinton Street and Dubuque Street (VAC06-00001), be given first vote. The Mayor declared the motion carried unanimously, 6/0/1, Correia abstaining. A public hearing was held on a resolution amending the FY2006 Operating Budget. City Manager Atkins presented information on the resolution and procedure. Moved by Champion, seconded by Bailey, to adopt RES. 06-161, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2006. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control" and Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations, "to allow dogs to be off leash in Thornberry Off-Leash Dog Park, 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 Correia, to adopt RES. 06-162, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2007 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to defer to June 13 a resolution authorizing the Mayor to sign and the City Clerk to attest a lease agreement for the lease of approximately 760 square feet of commercial space located within the Court Street Transportation Center. The Mayor declared motion carried unanimously, 710, all Council Members present. Moved by Champion, seconded by Correia, to adopt RES. 06-163, 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 UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, INC., D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Correia, to adopt RES. 06-164, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOOODS" (PIN) GRANTS FUNDS. The following individuals (representing neighborhoods) appeared: Michael Wright, 815 Roosevelt St., Longfellow; Jeanette Carter, 424 Oakland Ave., Longfellow; Anita Nicholson, 19 Galway Circle, Galway Hills; Shirley Lekin, 830 Walnut St., Oak Grove; Tracy Hightshoe, 109 Amhurst St., Washington Hills; Nancy Carlson, 1002 E. Jefferson, College Green; Tim Weitzel, 523 Grant St., Longfellow; Jean Walker, 335 Lucon Dr., Melrose; Marla Edwards, 1754 Lakeside Dr., Wetherby Friends and Neighbors. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor stated that no action is needed on the resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Grand Avenue Complete Description May 23, 2006 Page 6 Roundabout project establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Michael Crane, Steve Thayer, Michaelanne Widness. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-165, FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING THE WORK FOR EMERGENCY REPAIR PROJECTS AT THE ROBERT A. LEE RECREATION CENTER, COURT STREET TRANSPORTATION CENTER, DUBUQUE STREET RAMP (B RAMP), CAPITOL STREET RAMP (A RAMP), CHAUNCEY SWAN RAMP, CITY HALL AND THE IOWA CITY PUBLIC LIBRARY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 06-166, AWARDING CONTRACT to REEP, Inc. for $ 654,960.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER EXTERIOR GLAZING AND PANEL REPLACEMENT PROJECT, and amending to add the replacement of the privacy fence by the pool for $17,500. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Correia, to adopt RES. 06-167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 12,2006 THROUGH JULY 10, 2006. 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 current vacancy: Telecommunications Commission to fill an unexpired term ending March 13,2007. Applications must be received by 5:00 p.m., Wednesday, July 12, 2006. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Michael Christians. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies of Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Commission to fill a six-year term January 1,2006 - December 31,2011; Historic Preservation Commission to fill an unexpired term ending March 29, 2009; Housing and Community Development Commission for two vacancies (1) to fill an unexpired term plus a three-year term ending September 1, 2009, (1) to fill an unexpired term ending September 1, 2007. Applications must be received by 5:00 p.m., Wednesday, June 7, 2006. Moved by Bailey, seconded by Correia, to make the following appointments to the Historic Preservation Commission: Ginalie Swaim, 1024 Woodlawn, as Woodlawn representative and Pam Michaud, 109 S. Johnson, as College Green representative, to fill three-year terms March 29, 2006 - March 29, 2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Correia thanked the Historic Preservation Commission for holding extra meetings to assist tornado victims; congratulated Johnson County AARP and the consortium for the "Successful Aging" event held earlier that afternoon; and stated Johnson Complete Description May 23, 2006 Page 7 County is making County prescription cards available to county residents which provide 20% on the cost of prescriptions. Mayor Pro tern Bailey congratulated performers involved in the vaudeville show for Older Americans Month which raised funds for Hospice of Iowa City; and reminded everyone of Arts Fest starting June 2nd in downtown Iowa City. Council Member Elliott reported on a traffic light problem on Burlington Street. The City Manager will follow up; and questioned the City cost for the Wal Mart litigation. The City Attorney stated the matter is being litigated in house so most costs are staff time. Mayor Wilburn thanked everyone who helped with the successful Crisis Center Breakfast noting AARP gathered 3,000 pounds of food; and displayed the first of a series of collector baskets offered for purchase with the proceeds going to the Johnson County Fair. This year's fair will be held July 24th_28th. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 9:10 p.m. The Mayor declared the motion carried unanimously, 7/0, al ncil Members present. LJjL Ross Wilburn, Mayor ~~.~ Marian K. Karr, City Clerk