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HomeMy WebLinkAbout2007-05-01 Council minutes r= 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 1,2007 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, Long, Hightshoe, Rackis, Boothroy, Grier, Jensen, Rocca, Okerlund, Hennes, O'Malley, Klingaman. Council minutes tape recorded on Tape 07-36 & 07-37, Both Sides; 07 -38, Side 1. The Mayor proclaimed Bicycle Month - May 2007, Iowa City Bicyclist Del Holland accepting; Irving B. Weber Days: May 2007, Kara Logsden, Adult Services Coordinator for the Iowa City Public Library, accepting. Mayor Wilburn presented Certificates of Appreciation to UISG Council liaisons Austin Baeth and Abigail Volland. Moved by Champion, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 16, Special Council Work Session; April 16, 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). Board of Adjustments - March 28, 2007; Historic Preservation Commission - March 8, 2007; Airport Commission - March 8, 2007; Housing and Community Development Commission - March 22, 2007; Airport Commission - March 28, 2007; Planning and Zoning Commission - April 5, 2007; Parks and Recreation Commission - March 14, 2007; Telecommunications Commission - March 26, 2007; Senior Center Commission - March 19,2007. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 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.; Class C Liquor License for Jirsa's, LLC, dba Rick's Grille & Spirits, 1705 S. First Ave., Suite Q.; Special Class C Liquor License for Riverside Theatre, dba Riverside Theatre, 213 N. Gilbert St.; Transfer of Special Class C Liquor License for Riverside Theatre, 213 N. Gilbert St. to Riverside Festival Stage, Lower City Park. (6/12/07 thru 7/15/07); RES. 07-135, TO ISSUE DANCE PERMIT to Not a Malfunction, Inc., dba Picador, 330 E. Washington St. Setting a Public Hearing: RES. 07-136, SETTING A PUBLIC HEARING ON May 14, 2007 AMENDING THE FY2007 OPERATING BUDGET. Resolutions: RES. 07-137, 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 12,2007 THROUGH JULY 15, 2007; RES. 07-138, Complete Description May 1, 2007 Page 2 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 0/ B A TAKANAMI, FOR A SIDEWALK CAFE; RES. 07-139, 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 328 FAIRCHILD STREET EAST, IOWA CITY, IOWA. Correspondence: Acting JCCOG Traffic Engineering Planner regarding Changing a NO PARKING ANY TIME sign to a NO PARKING HERE TO CORNER sign on the south side of Jefferson Street west of Lucas Street; Erin Fleck regarding Downtown Global Market; Jan Stewart regarding Bicyclists of Iowa City Trail Sign Donation; John Stimmel regarding Police patrol; Bryan Swan regarding Racist UI Republican Immigrant flag football; Fight Night letters from Leah Cohen(X2), Brian Flynn, [staff response included] and Jonathon Brinck; Michelle Vislisel regarding New business in Solon; Jackie Baumhauer regarding Geese; Anne Wallace regarding Communication to Council [staff response included]; Taxi Lanes letters from Leah Cohen, Craig Gustaveson [Staff response included in Council packet]; Robert Hock regarding New business venture [staff response included]; Andrew Dipilato regarding Panhandling on the Ped Mall; Adam Walsh regarding 21 Ordinance; Andrew Bassman regarding Emergency Vehicle Preemption Devices [staff responses included]; Smoking issue letters from Kerry Crow, Jason Hyde, Stephanie Kalant, Rachel Rempfer, Kyle Sherlock, Matt Walters, Greg Zebrauskas; Parking issue letters from Brian Harrigan, Brent Panther. The Mayor repeated the public hearing set on amending the fiscal year 2007 operating budget. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Senior Center Commissioner Jay Honohan updated Council on activities at the Center. Karen Kubby and Glenn Siders reported on their meetings on affordable housing issues. Dawn Newbill, Crisis Center, invited everyone to the Crisis Center breakfast Saturday, May 5, at Parkview Church. Craig Gustaveson, President of the Downtown Association, appeared and asked Council to reconsider use of commercial zones for taxicab parking after 5:00 PM in the downtown area. Moved by Vanderhoef, seconded by Bailey, to set a public hearing for May 14 on an ordinance rezoning approximately 14.5 acres from Heavy Industrial (1-2) to General Industrial (1-1) and rezoning approximately 36.65 acres to Planned Development Overlay/General Industrial (OPD/I-1) for a Sensitive Areas Development Plan for property located north of Izaak Walton Road east of Oakcrest Hill Road. (REZ07-00004). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to set a public hearing for May 14 on an ordinance vacating a portion of the Hollywood Boulevard right-of-way located south of Highway 6 east of Broadway Street (VAC07-00001). PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning approximately 0.77 acres of property located at 828 E. Washington Street from Neighborhood Stabilization Residential Complete Description May 1, 2007 Page 3 Conservation District Overlay (RNS-20/0CD) Zone to Planned Development Overlay/Neighborhood Stabilization Residential/Conservation District Overlay (OPD/RNS- 20/0CD) Zone (REZ07-0003). Council Member Vanderhoef indicated she would be abstaining due to a conflict of interest. PCD Director Franklin present for discussion. The Mayor requested Council Members disclose ex parte communications, and none were reported. Individual Council Members shared information. Chris Steffan, MMS Consultants, appeared. Moved by O'Donnell, seconded by Champion, that the ordinance rezoning approximately 0.77 acres of property located at 828 E. Washington Street from Neighborhood Stabilization Residential Conservation District Overlay (RNS-20/0CD) Zone to Planned Development Overlay/Neighborhood Stabilization Residential/Conservation District Overlay (OPD/RNS-20/0CD) Zone (REZ07-0003), be given first vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the motion carried. Moved by Correia, seconded by O'Donnell, to accept correspondence from Matthew Bulkeley, Knutson Construction. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef abstaining. 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. 07-4259 REZONING APPROXIMATELY 5.75 ACRES OF LAND LOCATED ALONG A PORTION OF SOUTH GOVERNOR AND BOWERY STREETS FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-12) ZONE TO MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE. (REZ07-00002), be voted on for final passage at this time. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. The Mayor requested Council Members disclose ex parte communications, and none were reported. Letter for Martha Greer and Suzanne Bentler noted. Moved by Champion, seconded by O'Donnell, to approve a letter to the Johnson County Board of Supervisors recommending approval of a rezoning from County Agriculture (A) to County Residential (R) Zone for 3.0 acres of property located on the west side of Kansas Ave SW, approximately 1/4 mile south of IWV Rd SW and a nearby 3.0 acre property from County Residential (R) Zone to County Agriculture (A). (CZ07-00001). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. PCD Director Franklin present for discussion. A public hearing was held on a resolution approving the Iowa City Housing Authority's Annual Plan for Fiscal Year 2007. Housing Administrator Rackis present for discussion. Moved by Bailey, seconded by Correia, to adopt RES. 07-140, APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 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 authorizing the filing of an application with the Iowa Department of Transportation for FY2008 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. No one appeared. Complete Description May 1, 2007 Page 4 Moved by Champion, seconded by Bailey, to adopt RES. 07-141, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY200810WA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. 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 2007 PCC Pavement Project - Benton Street, 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 Correia, seconded by Champion, to adopt RES. 07-142, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2007 PCC PAVEMENT PROJECT - BENTON STREET, 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. The Mayor stated he had a conflict of interest on items 9 and 10 and would be abstaining. Mayor Pro tem Bailey now presiding. A public hearing was held on a resolution adopting Iowa City's FY08 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. The following individuals appeared: Sandy Pickup, 818 3rd Ave, Free Medical Clinic; Maryann Dennis, Rochester Ave., The Housing Fellowship, 1700 S. First Ave.; Beth Koppes, 1528 California Ave., Weatherby Neighborhood Association and Chris Harms, 2503 Aster Ave., Grant Wood Neighborhood Association; Mark Patton, Executive Director of Iowa Valley Habitat; Laura Dowd, 502 Kimball Rd., Executive Director and Robert Handler, 1338 Carroll St., Local Foods Connection. Moved by Vanderhoef, seconded by Correia, to accept correspondence from: Charlotte Walker; Mohammed Samuel Filali; Kristin Clark Olivier; David Antin; and John Watson. The Mayor declared the motion carried unanimously,7/0, all Council Members present. Moved by Correia, seconded by Champion, to adopt RES. 07-143, ADOPTING IOWA CITY'S FY08 ANNUAL ACTION PLAN, WHICH IS A SUB-PARTOF 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. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0 Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 07-144, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF IOWA CITY AND MULLIN & LONERGAN ASSOCIATES FOR AN AFFORDABLE HOUSING MARKET ANALYSIS FOR THE GREATER IOWA CITY METROPOLITAN AREA. Affirmative Complete Description May 1, 2007 Page 5 roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro tem declared the motion carried. Mayor Wilburn returned to the meeting and now presiding. 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. 07-4260 AMENDING TITLE 8, "POLICE REGULATIONS", CHAPTER 8," POLICE CITIZENS REVIEW BOARD", SECTION 6, ENTITLED "POLICE CHIEF'S REPORT TO THE BOARD; CITY MANAGER'S REPORT TO THE BOARD", TO CLARIFY LANGUAGE ON GRANTING EXTENSIONS TO THE POLICE CHIEF FOR GOOD CAUSE, be voted on forfinal 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 Champion, seconded by Correia, to adopt RES. 07-145, DIRECTING SALE OF $8,870,000 GENERAL OBLIGATION BONDS, SERIES 2007A. 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. 07-146, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. The following individuals appeared: Michael Wright, Iowa City Neighborhood Council and Chair of the Northside Neighborhood Association; Chris Harms, 2503 Aster Ave., Grant Wood Neighborhood Association; Carl Klaus, 416 Reno St., Goosetown (Neighborhood Association); Mindy Romero, 12 Hawthorne St., Glendale-Morningside Neighborhood Association; Tract Hightshoe, 109 Amhurst, Washington Hills Neighborhood Association; Sara Hamilton, 1207 Swisher St., Peninsula Neighborhood Association. PCD Director Franklin present for discussion. 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. 07-147, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE UNIVERSITY OF IOWA AND THE CITY OF IOWA CITY FOR JOINT USE OF THE HAWKEYE SOFTBALL COMPLEX. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-148, 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 PLAZA TOWERS, LLC, AND TENANT J & E, INC. D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-149, APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS, AIR AND WATER QUALITY MONITORING AT THE IOWA CITY SANITARY LANDFILL. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description May 1, 2007 Page 6 Moved by Champion, seconded by Vanderhoef, to adopt RES. 07-150, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NEWTON ROAD WATER MAIN REPLACEMENT PROJECT to Tschiggfrie Excavating for $ 429,994.55. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 07-151, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2007 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT to All American Concrete, Inc for $ 68,645.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 07-152, REPEALING RESOLUTION NO. 07-28 AUTHORIZING ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 & GILBERT STREET INTERSECTION IMPROVEMENT PROJECT. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: O'Donnell, Bailey, Champion, Correia, Elliott. Nays: Vanderhoef, Wilburn. Moved by O'Donnell, seconded by Elliott, to adopt RES. 07-153, APPROVING THE 2007-2008 DEER MANAGEMENT ANNUAL PLAN, RESCINDING RESOLUTION NO. 05- 328, AND APPROVING A REVISED LONG-TERM DEER MANAGEMENT PLAN. Moved by Correia, seconded by Champion, to amend the annual plan to remove bow hunting. Individual Council Members expressed their views. The Mayor declared the motion to amend carried, 4/3, with the following voice vote: Ayes: Bailey, Champion, Correia, Wilburn. Nays: Elliott, O'Donnell, Vanderhoef. The Mayor declared the resolution adopted as amended, 5/2, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Bailey, Champion, Correia. Nays: O'Donnell and Elliott. Moved by O'Donnell, seconded by Bailey, approving the appointment of Abigail Volland as the student liaison from the University of Iowa Student Government (UISG) to the City Council May 1, 2007 until May 1, 2008. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public discussion was held on an ordinance amending City Code Title 7, entitled Fire Prevention and Protection, and Title 17, entitled Building and Housing to establish fire and life safety requirements for new and existing Group A-2 Occupancies. HIS Director Boothroy, Deputy Fire Chief Jensen, and Sr. Building Inspector Hennes present for discussion. Individual Council Members expressed their views. The following individuals appeared: Chuck Wolfe, 138 Dartmouth St., Iowa City Elks' Lodge; and Bart Sueppel, Solon, LaCasa. Moved by Vanderhoef, seconded by O'Donnell, to continue the public discussion until May 14. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to defer until May 14 the ordinance amending City Code Title 7, entitled Fire Prevention and Protection, and Title 17, entitled Building and Housing to establish fire and life safety requirements for new and existing Group A-2 Occupancies. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description May 1, 2007 Page 7 The Mayor noted the previous Board and Commission vacancies: Library Board of Trustees for three vacancies to fill six year terms July 1, 2007 - July 1, 2013. Applications must be received by 5:00 p.m., Wednesday, May 9, 2007; Housing & Community Development Commission to fill an unexpired ending September 1, 2008; Human Rights Commission to fill an unexpired term ending January 1, 2009. Applications must be received by 5:00 p.m., Wednesday, May 30, 2007. Moved by Bailey, seconded by Vanderhoef, to appoint Hans Hoerschelman, 337 West Benton St., to the Telecommunications Commission to fill a three year term March 13,2007- March 13,2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the following vacancies would 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; Historic Preservation Commission for one (1) Summit St District Rep, to fill three year terms March 29, 2007 - March 29, 2010. [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 Vanderhoef reported on her lobbying efforts at the State House; and thanked FAIR for inviting Michael Bodaken, President of the Housing Trust, to speak in Iowa City. Mayor Pro tem Bailey reminded citizens that Farmer's Market season begins May 2; and the community meeting scheduled May 3 to discuss the Church and Dubuque Street intersection. Mayor Wilburn asked Council to bring their calendars to the next work session to schedule staff evaluations. Moved by O'Donnell, seconded by Bailey, to adjourn meeting at 10:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all~ MG~ Ross Wilburn, Mayor J}1e!~A~ K. kd~ Marian K. Karr, City Clerk ..~._..._--~---------,--_...._.._..._-_._---~._--_.._.~------_.--~--_.__..__._.__._-_._-----_..~----'- I ~ I .:::~=--~... ~~w!:~ -.;;;::,.... ...11II.' ....,...~ CITY OF IOWA CIT"C[ MEMORANDUM Date: April 16, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 16, 2007, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Baeth Staff: Atkins, Helling, Dilkes, Karr, Okerlund, Knoche, Davidson, Morris, Jensen, Rocca Tapes: 07-31, Both Sides (A complete transcription is available in the City Clerk's Office) COUNCIL APPOINTMENTS Human Rights Commission - No applicants, readvertise Public Art Advisory Committee - Patrick Carney Council discussed various additional ways of advertising Board and Commission vacancies. City Clerk Karr reviewed the present advertising procedure and suggested Council contact her directly with suggestions for expanding the procedure. AGENDA ITEMS 1. (Agenda item # 10 ... public hearing and resolution... instituting proceedings... not to exceed $600,000 general obligation bonds) Council Member Elliott clarified that City High was paying for their share of the improvements but the bonds were for both baseball and softball improvements. 2. (Agenda item # 11 ... public hearing and resolution ... instituting proceedings... not to exceed $440,000 general obligation bonds) In response to Council Member Elliott and Vanderhoef, City Mgr. Atkins stated the 14 houses were owned by the Housing Fellowship and not the City, and that the Fellowship was creating an LLC which would buy them and they be managed as part of the Fellowship. 3. (Agenda item # 17 - resolution amending positions ... Public Works Department and the AFSCME Pay Plan) In response to Council Member Elliott, the City Manager stated there were no additional positions, and that pay grades were being amended. Council Work Session April 16, 2007 Page 2 4. (Agenda item # 15 - resolution ... Graze Iowa City... sidewalk cafe) In response to Council, City Clerk Karr stated that renewals on approved on the agenda consent calendar and all new (ownership) approved on the regular agenda. 5. (Agenda item # 13 - ordinance ... granting extensions to the Police Chief for good cause) In response to Council Member O'Donnell, City Clerk Karr reported that the ordinance is being requested by the Police Citizens Review Board. Council Member Elliott stated it had not been requested by the Police Chief. 6. (Consent Calendar # 4e(5) - resolution changing the Deer Task Force to five members ...) City Manager Atkins reported that the Board had requested this change to allow them to complete their work for the current year in light of recent resignations and ongoing quorum problems. 7. (Consent Calendar # 4f(2) - correspondence from James Doroteo re immigrant petition for spouse) In response to Council Member Correia, Ass!. City Mgr, Helling and City Mgr. Atkins reviewed procedures for responding. 8. (Consent Calendar # 4f(6) - correspondence from John Johnson re geese) Council Member Vanderhoef noted this letter should be forwarded to the University of Iowa. 9. (Consent Calendar # 4f(10) - correspondence from Leona Miller re railroad crossing on First Avenue) Council Member Vanderhoef acknowledged the beautiful handwriting. COUNCIL TIME 1. (IP5 of 4/12 Info Packet - memo from Public Works Director to City Manager re water plant roof beams) In response to Council Member Champion, City Manager Atkins and City Atty. Dilkes stated a consultant had been hired and staff would report back once the report was available. 2. Council Member O'Donnell reported on the Bayard Street reconstruction by Frantz Construction, and how beautifully it fits into the neighborhood. 3. Mayor Pro tem Bailey requested Council re-visit placement of taxicabs in commercial loading zones after 5PM, and suggested having it reviewed by the downtown consultant as part of their review. The City Manager reported that cars would not be towed but tickets would continue to be written. Council agreed to schedule discussion at an upcoming work session. 4. Council Member Correia stated she had contacted Stefanie Bowers regarding the National League of Cities partnership for working with inclusive cities, and wanted to know if the Council and Human Rights Commission could form a partnership to observe Race and Equity Week. Majority of Council expressed and interest to proceed with a partnership. Council Work Session April 16, 2007 Page 3 5. Council Member Elliott stated he was concerned about the establishment of "fight nights" in local downtown bars, and questioned establishment of City regulations. Majority agreed to schedule discussion at an upcoming work session. The City Atty. will research State regulations of such events. 6. In response to Council Member Correia, the City Manager confirmed "Community Foundation of Johnson County" is an item on the Council pending list. FIRE STATION #2 (IP2 of 4/12 Info Packet) Fire Chief Rocca and Architectural Services & Energy Coordinator Morris presented a power point presentation. STAFF ACTION: Proceed with the concept; contact Johnson County regarding interest to locate EMS in the station. (Rocca) HWY 6 AND GILBERT (IP3 of 4/12 Info Packet and # 4f(7) on the Consent Calendar) Asst. PCD Director Davidson present for discussion. After discussion a majority of Council agreed not to proceed with the project. STAFF ACTION: Resolution repealing resolution authorizing acquisition will be on the May 1 agenda. (Dilkes) SCHEDULE OF PENDING DISCUSSION ITEMS Council Member Correia requested Council consider combining the formal meeting of May 15 with the work session on May 14 as she would be out of town on starting May 15. Council will check their calendars and discuss at the formal meeting later in the evening. The City Manager redistributed his March 21 memo of pending issues. After discussion the following changes were made: Recycling update - done Cash balance policies - schedule before budget Overview of transit services (finances) - April 30 work session Fire safety regulations by occupancy - On April 16 formal agenda Staff reviews - bring calendars to April 30 work session for scheduling Community Foundation of Johnson County - will schedule Downtown Market Study - currently underway Housing Study - currently under review Parks & Recreation Master Plan - expected completion of July 1 Trail gaps/connection discussion - to be scheduled Fire Station # 2 - discussed earlier in the meeting; proceed as directed Council Work Session April 16, 2007 Page 4 Larger Capital Projects Hwy 6/Gilbert - Rescinding resolution on May 1 per discussion earlier that evening Dubuque/Church - Neighborhood Meeting scheduled for May 3 Lower West Branch - Bid Gilbert/Bowery/Prentiss - Bid McCollister/921/Bridge - Proceeding Sand Lake Recreation Area - clean up included in bonding item on formal agenda Fire organizational options - July 1 Parks & Recreation/Senior Center Shared Services - July 1 target date Additional items added: . Sales Tax . Old Bus Depot . Taxi Cab Parking . Fight Nights STAFF ACTION: New memo in Council Packet of April 26 (Atkins) Meeting adjourned 6:40 PM. C[ 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 - APRIL 16, 2007 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. The Mayor asked for a moment of silence to honor victims of the Virginia Tech shooting. The Mayor proclaimed: West High Trojans Wrestling Team Recognition Day - April 16, 2007, Coach Mark Reiland and Team Members accepting; Volunteer Appreciation Week- April 15-21, 2007, Lisa Barnes, Summer Of Arts accepting; Medical Laboratory Professionals Week - April 22-28, 2007, Michael Pentella accepting; Sexual Assault Awareness Month - April 2007, Soumya Palreddy, Rape Victim Advocacy, accepting; Health Care Coverage for the Uninsured Week: April 23-29, 2007, Kathy Shey, Visiting Nurses Association accepting accepting; Week of the Young Child - April 22-28, 2007, Sara Baird, Johnson County Empowerment Board accepting; Arbor Day: April 27, 2007, Terry Robinson, City Forester accepting. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Gretchen Burke, Darian Curry, and Mary Kelly. 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 2, Regular Council Work Session; April 3, 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): Senior Center Commission - February 20,2007; Telecommunications Commission - February 26, 2007; Historic Preservation Commission - February 8, 2007; Board of Adjustment - January 10, 2007; Public Art Advisory Committee - February 1, 2007; Planning and Zoning Commission - March 15, 2007; Police Citizens Review Board - March 13, 2007; Police Citizens Review Board - March 29, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class A Liquor License for Loyal Order of Moose Lodge #1096, 3151 Hwy 6 East; Class E Liquor License for Liquor House, 425 S.Gilbert St.; RES. 07-117 TO ISSUE DANCE PERMIT to Loyal Order of Moose Lodge #1096,3151 Hwy 6 East. Setting a Public Hearing: RES. 07-118, SETTING A PUBLIC HEARING ON MAY 1,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2007 PCC PAVEMENT REHABILITATION PROJECT - BENTON STREET, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO Official Actions April 16, 2007 Page 2 PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; Setting a public hearing for May 1, 2007 regarding Iowa City's FY08 Annual Action Plan, that is a sub-part of Iowa City's 2006-2010 Consolidated Plan (a.k.a. City Steps). Resolutions: RES. 07-119, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT 2219 H STREET, IOWA CITY, IOWA; RES. 07-120, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2220 CALIFORNIA AVENUE, IOWA CITY, IOWA; RES. 07-121, ACCEPTING THE WORK FOR THE HOUSING INSPECTIONS REMODELING PROJECT; RES. 07-122, 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 MARC MOEN, AND TENANT STARBUCKS CORPORATION D/B/A STARBUCKS COFFEE #2855- IA, FOR A SIDEWALK CAFE; RES. 07-123, CHANGING THE DEER TASK FORCE TO FIVE (5) MEMBERS AND RESCINDING RESOLUTION NO. 07-56. Correspondence: Acting Traffic Engineering Planner regarding Installation of one RIGHT LANE MUST TURN RIGHT sign at Riverside Drive/Burlington Street; James Doroteo regarding Immigrant Petition for spouse; Alcohol letters from Brian Enriquez, Tim Rochetti, Nick Storm, Anne Wallace; Katie Lemkau regarding Limited parking in Iowa City; Smoking Issue letters from Brandon Arends, Emily Baitzer, Elizabeth Bickford, James Cate, Dustin Christiansen, Melinda Daehn, Sarah Dekarske, Allison Duffe, Justin Fenimore, Quincy Harris, Natalie Harvey, Beth Hefel, Michael Hermsen, Sarah Klein, Edan Lisk, Kristen O'Donnell, Keeley Reynolds, Justin Zinnel, Kieron Coffield, letter to Mayor Wilburn from Bridget Wombacher [Mayor's response included]; Josh Johnson regarding Geese; Letters from Dwight Seegmiller & John Benson regarding South Gilbert Street; Kyle Sieck regarding Global Warming and Policy Panel Discussion; Kevin Laemmrich regarding Trash concern; Leona Muller regarding Railroad Crossing on 1st Avenue; Letters from Rykert Toledano, Cyrus Tamboli regarding Competition-Style Waterskiing; Snow removal letters from Tom Criscione, Mike Divita; Richard Shannon (X3) regarding Police behavior [staff response included]; Colleen Paulson regarding Safety in Iowa City; Letters regarding Church and Dubuque from Paul & Cynthia Broderick, Karen Farris; Maryann Dennis regarding Low Income Housing Tax Credits; Marc Linderman regarding Traffic Control [staff response included]; Rachel Olsson regarding Dance Fest. The Mayor declared the motion carried. Del Holland, Chair of Environmental Advocates, thanked the City for their continued support of the Bike Library. Craig Gustaveson, President of the Downtown Association, 2603 E. Court Street, and Leah Cohen, owner of Bo James, 1638 Teg Drive, appeared regarding problems with the use of commercial loading zones after 5:00 PM for taxicabs. The City Manager stated towing had stopped but tickets will continue to be written in accordance with previous Council action, and the item will be scheduled for an upcoming Council work session. Co-president Blake Carpenter, 303 Ellis Avenue, and Sean Williams, 1441 Oaklawn Avenue, provided an update of the Roosevelt Institution on college campuses and locally. Moved and seconded to receive correspondence. The Mayor declared the motion Official Actions April 16, 2007 Page 3 carried. Mark Kresowik, 2 Crestwood Circle, organizer for the Sierra Club, thanked the Mayor for signing the U. S. Conference of Mayor's Climate Control Agreement. Council Member Vanderhoef stated she would be abstaining due to a conflict of interest. Moved and seconded to set a public hearing for May 1, 2007 on an ordinance rezoning approximately 0.77 acres of property located at 828 E. Washington Street from Neighborhood Stabilization Residential (RNS-20) Zone to Planned Development Overlay/Neighborhood Stabilization Residential (OPD/RNS-20) Zone and a Sensitive Areas Development Plan (REZ07-00003) (Alpha Chi Omega House). The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately 5.75 acres of land located along a portion of South Governor and Bowery Streets from Neighborhood Stabilization Residential (RNS-12) Zone to Medium Density Single Family (RS-8) Zone. (REZ07-00002). The following individuals appeared: Martha Greer, 530 S. Governor Street; and Suzanne Bentler, 520 S. Governor Street, presented a power point presentation. Moved and seconded that the ordinance rezoning approximately 5.75 acres of land located along a portion of South Governor and Bowery Streets from Neighborhood Stabilization Residential (RNS-12) Zone to Medium Density Single Family (RS-8) Zone. (REZ07-00002), be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $6,695,000 general obligation bonds. Moved and seconded to adopt RES. 07-124, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,695,000 GENERAL OBLIGATION BONDS. 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. 07-125, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 938 LONGFELLOW PLACE. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $700,000 general obligation bonds. Moved and seconded to adopt RES. 07-126, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $600,000 general obligation bonds. Moved and seconded to adopt RES. 07-127, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $440,000 general obligation bonds. Moved and seconded to adopt RES. 07-128, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $440,000 GENERAL OBLIGATION BONDS. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $435,000 general obligation bonds. Official Actions April 16, 2007 Page 4 Moved and seconded to adopt RES. 07-129, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $435,000 GENERAL OBLIGATION BONDS. Moved and seconded that the ordinance amending Title 8, "Police Regulations", Chapter 8, "Police Citizens Review Board", Section 6, entitled "Police Chief's Report to the Board; City Manager's Report to the Board", to clarify language on granting extensions to the police chief for good cause, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 07-130, AUTHORIZING SUPPORT OF AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENTS COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FOR $400,000 AND A LOCAL MATCH OF A THREE-YEAR, NO INTEREST $100,000 LOAN FOR FUNDS TO ASSIST PREP SPORTS ONLINE. Erin Ladd, 220 Hawkeye Court, appeared. Moved and seconded that ORD. 07-4258, AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED"SOLlD WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES, be passed and adopted. Moved and seconded to adopt RES. 07-131, 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 MARC MOEN, AND TENANT GRAZE IOWA CITY, LLC D/B/A GRAZE, FOR A SIDEWALK CAFE. Moved and seconded to adopt RES. 07-132, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTIONS 5307, 5309, 5310, 5316, AND 5317 OF CHAPTER 49, U.S. CODE OF FEDERAL REGULATIONS, FOR FY2007 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. Moved and seconded to adopt RES. 07-133, AMENDING THE BUDGETED POSITIONS IN THE WASTEWATER DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY PLAN. Moved and seconded to adopt RES. 07-134, ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY08, FY09, AND FY10. Moved and seconded to grant a 45-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #06-06. The Mayor declared the motion carried. A public discussion was held on an ordinance amending City Code Title 7, entitled Fire Prevention and Protection, and Title 17, entitled Building and Housing to establish fire and life safety requirements for new and existing Group A-2 Occupancies. The following individuals appeared: Leah Cohen, Bo James; Brad Huff, Colonial Lanes; Rebecca Neades, Iowa City Area Chamber of Commerce; Jim Mondanaro, Micky's and Givanni's; and Daryl Woodson, Sanctuary. Moved and seconded to continue Public Discussion to May 1. The Mayor declared the motion carried. Official Actions April 16, 2007 Page 5 Moved and seconded to defer to May 1 an ordinance amending City Code Title 7, entitled Fire Prevention and Protection, and Title 17, entitled Building and Housing to establish fire and life safety requirements for new and existing Group A-2 Occupancies. The Mayor declared the motion carried. 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; Historic Preservation Commission for one (1) Summit St District Rep, to fill three year term March 29, 2007 - March 29, 2010; Telecommunications Commission to fill a three year term March 13, 2007 - March 13, 2010. Applications must be received by 5:00 p.m., Wednesday, April 25, 2007; Library Board of Trustees for three vacancies to fill six year terms July 1, 2007 - July 1, 2013. Applications must be received by 5:00 p.m., Wednesday, May 9,2007. The Mayor noted the current vacancy: Housing & Community Development Commission to fill an unexpired ending September 1, 2008. Applications must be received by 5:00 p.m., Wednesday, May 30, 2007. Moved and seconded to accept correspondence from Tom Niblock. The Mayor declared the motion carried. Moved and seconded to appoint Patrick Carney, 514 Oakland Avenue, to the Public Art Advisory Committee to fill an unexpired term ending January 1, 2009. The Mayor declared the motion carried. The Mayor noted the vacancy on the Human Rights Commission to fill an unexpired term ending January 1, 2009, will be readvertised. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn 9:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor s/Marian K. Karr, City Clerk 1/ J /J7~~"...J!. "A.a1A./ Submltte~ for publication - 4/25/07. ~U~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 16,2007 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Staff members present: Atkins, Helling, Dilkes, Karr, O'Malley, Franklin, Boothroy, Ford, Long, Hennes, Rocca, Jensen, Grier. Council minutes tape recorded on Tape 07-32, Both Sides; Tape 07-33, Both Sides. The Mayor asked for a moment of silence to honor victims of the Virginia Tech shooting. The Mayor proclaimed: West High Trojans Wrestling Team Recognition Day - April 16, 2007, Coach Mark Reiland and Team Members accepting; Volunteer Appreciation Week- April 15-21 ,2007, Lisa Barnes, Summer Of Arts accepting; Medical Laboratory Professionals Week - April 22-28, 2007, Michael Pentella accepting; Sexual Assault Awareness Month - April 2007, Soumya Palreddy, Rape Victim Advocacy, accepting; Health Care Coverage for the Uninsured Week: April 23-29, 2007, Kathy Shey, Visiting Nurses Association accepting accepting; Week of the Young Child - April 22-28, 2007, Sara Baird, Johnson County Empowerment Board accepting; Arbor Day: April 27, 2007, Terry Robinson, City Forester accepting. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Gretchen Burke, Darian Curry, and Mary Kelly. 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: April 2, Regular Council Work Session; April 3, 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): Senior Center Commission - February 20,2007; Telecommunications Commission - February 26, 2007; Historic Preservation Commission - February 8, 2007; Board of Adjustment - January 10, 2007; Public Art Advisory Committee - February 1, 2007; Planning and Zoning Commission - March 15, 2007; Police Citizens Review Board - March 13, 2007; Police Citizens Review Board - March 29, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 East; Class E Liquor License for Liquor House, Ltd., dba Liquor House, 425 S.Gilbert St.; RES. 07-117 TO ISSUE DANCE PERMIT to Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096,3151 Hwy 6 East. Setting a Public Hearing: RES. 07-118, SETTING A PUBLIC HEARING ON MAY 1,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2007 PCC PAVEMENT Complete Description April 16, 2007 Page 2 REHABILITATION PROJECT - BENTON STREET, DIRECTING CITY CLERK TO PU.BLlSH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; Setting a public hearing for May 1, 2007 regarding Iowa City's FY08 Annual Action Plan, that is a sub-part of Iowa City's 2006-2010 Consolidated Plan (a.k.a. City Steps). Resolutions: RES. 07-119, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT 2219 H STREET, IOWA CITY, IOWA; RES. 07-120, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2220 CALIFORNIA AVENUE, IOWA CITY, IOWA; RES. 07-121, ACCEPTING THE WORK FOR THE HOUSING INSPECTIONS REMODELING PROJECT; RES. 07-122, 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 MARC MOEN, AND TENANT STARBUCKS CORPORATION D/B/A STARBUCKS COFFEE #2855- lA, FOR A SIDEWALK CAFE; RES. 07-123, CHANGING THE DEER TASK FORCE TO FIVE (5) MEMBERS AND RESCINDING RESOLUTION NO. 07-56. Correspondence: Acting Traffic Engineering Planner regarding Installation of one RIGHT LANE MUST TURN RIGHT sign at Riverside Drive/Burlington Street; James Doroteo regarding Immigrant Petition for spouse; Alcohol letters from Brian Enriquez, Tim Rochetti, Nick Storm, Anne Wallace; Katie Lemkau regarding Limited parking in Iowa City; Smoking Issue letters from Brandon Arends, Emily Baitzer, Elizabeth Bickford, James Cate, Dustin Christiansen, Melinda Daehn, Sarah Dekarske, Allison Duffe, Justin Fenimore, Quincy Harris, Natalie Harvey, Beth Hefel, Michael Hermsen, Sarah Klein, Edan Lisk, Kristen O'Donnell, Keeley Reynolds, Justin Zinnel, Kieron Coffield, letter to Mayor Wilburn from Bridget Wombacher [Mayor's response included]; Josh Johnson regarding Geese; Letters from Dwight Seegmiller & John Benson regarding South Gilbert Street; Kyle Sieck regarding Global Warming and Policy Panel Discussion; Kevin Laemmrich regarding Trash concern; Leona Muller regarding Railroad Crossing on 1st Avenue; Letters from Rykert Toledano, Cyrus Tamboli regarding Competition-Style Waterskiing; Snow removal letters from Tom Criscione, Mike Divita; Richard Shannon (X3) regarding Police behavior [staff response included]; Colleen Paulson regarding Safety in Iowa City; Letters regarding Church and Dubuque from Paul & Cynthia Broderick, Karen Farris; Maryann Dennis regarding Low Income Housing Tax Credits; Marc Linderman regarding Traffic Control [staff response included]; Rachel Olsson regarding Dance Fest. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried, and repeated the public hearings as set. Del Holland, Chair of Environmental Advocates, thanked the City for their continued support of the Bike Library. Craig Gustaveson, President of the Downtown Association, 2603 E. Court Street, and Leah Cohen, owner of Bo James, 1638 Teg Drive, appeared regarding problems with the use of commercial loading zones after 5:00 PM for taxicabs. The City Manager stated towing had stopped but tickets will continue to be written in accordance with previous Council action, and the item will be scheduled for an upcoming Council work Complete Description April 16, 2007 Page 3 session. Co-president Blake Carpenter, 303 Ellis Avenue, and Sean Williams, 1441 Oaklawn Avenue, provided an update of the Roosevelt Institution on college campuses and locally. Moved by Bailey, seconded by Vanderhoef, to receive correspondence. The Mayor declared the motion carried unanimously, 7/0 all Council Members present. Mark Kresowik, 2 Crestwood Circle, organizer for the Sierra Club, thanked the Mayor for signing the U. S. Conference of Mayor's Climate Control Agreement. Council Member Vanderhoef stated she would be abstaining due to a conflict of interest. Moved by Bailey, seconded by Correia, to set a public hearing for May 1, 2007 on an ordinance rezoning approximately 0.77 acres of property located at 828 E. Washington Street from Neighborhood Stabilization Residential (RNS-20) Zone to Planned Development Overlay/Neighborhood Stabilization Residential (OPD/RNS-20) Zone and a Sensitive Areas Development Plan (REZ07-00003) (Alpha Chi Omega House). The Mayor declared the motion carried unanimously, 6/0, Vanderhoef abstaining. . A public hearing was held on an ordinance rezoning approximately 5.75 acres of land located along a portion of South Governor and Bowery Streets from Neighborhood Stabilization Residential (RNS-12) Zone to Medium Density Single Family (RS-8) Zone. (REZ07 -00002). PCD Director Franklin present for discussion. The Mayor requested Council Members disclose ex parte communications. Individual Council Members shared information. The following individuals appeared: Martha Greer, 530 S. Governor Street; and Suzanne Bentler, 520 S. Governor Street, presented a power point presentation. Moved by O'Donnell, seconded by Bailey, that the ordinance rezoning approximately 5.75 acres of land located along a portion of South Governor and Bowery Streets from Neighborhood Stabilization Residential (RNS-12) Zone to Medium Density Single Family (RS-8) Zone. (REZ07-00002), be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $6,695,000 general obligation bonds. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 07-124, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,695,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 938 Longfellow Place. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-125, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 938 LONGFELLOW PLACE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $700,000 general obligation bonds. No one appeared. Moved by Champion, seconded by Correia, to adopt RES. 07-126, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS. Affirmative Complete Description April 16, 2007 Page 4 roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $600,000 general obligation bonds. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 07-127, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $440,000 general obligation bonds. No one appeared. Moved by Bailey, seconded by Correia, to adopt RES. 07-128, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $440,000 GENERAL OBLIGATION BONDS. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $435,000 general obligation bonds. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-129, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $435,000 GENERAL OBLIGATION BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Title 8, "Police Regulations", Chapter 8, "Police Citizens Review Board", Section 6, entitled "Police Chief's Report to the Board; City Manager's Report to the Board", to clarify language on granting extensions to the police chief for good cause, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, to adopt RES. 07-130, AUTHORIZING SUPPORT OF AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENTS COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FOR $400,000 AND A LOCAL MATCH OF A THREE- YEAR, NO INTEREST $100,000 LOAN FOR FUNDS TO ASSIST PREP SPORTS ONLINE. Economic Development Coordinator Ford and PCD Director Franklin present for discussion. Erin Ladd, 220 Hawkeye Court, appeared. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, that ORD. 07-4258, AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED"SOLlD WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES, be passed and adopted. Affirmative roll call Complete Description April 16, 2007 Page 5 vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Correia, to adopt RES. 07-131, 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 MARC MOEN, AND TENANT GRAZE IOWA CITY, LLC D/B/A GRAZE, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 07-132, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTIONS 5307, 5309, 5310, 5316, AND 5317 OF CHAPTER 49, U.S. CODE OF FEDERAL REGULATIONS, FOR FY2007 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-133, AMENDING THE BUDGETED POSITIONS IN THE WASTEWATER DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY PLAN. 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. 07-134, ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY08, FY09, AND FY10. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to grant a 45-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #06-06. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public discussion was held on an ordinance amending City Code Title 7, entitled Fire Prevention and Protection, and Title 17, entitled Building and Housing to establish fire and life safety requirements for new and existing Group A-2 Occupancies. HIS Director Boothroy and Deputy Fire Chief Jensen presented information. The following individuals appeared: Leah Cohen, Bo James; Brad Huff, Colonial Lanes; Rebecca Neades, Iowa City Area Chamber of Commerce; Jim Mondanaro, Micky's and Givanni's; and Daryl Woodson, Sanctuary. Individual Council Members expressed their views. Moved by Bailey, seconded by Vanderhoef, to continue Public Discussion to May 1. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, to defer to May 1 an ordinance amending City Code Title 7, entitled Fire Prevention and Protection, and Title 17, entitled Building and Housing to establish fire and life safety requirements for new and existing Group A-2 Occupancies. The Mayor asked Council to provide any staff questions to the City Clerk for Complete Description April 16, 2007 Page 6 distribution and a response by the next meeting. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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; Historic Preservation Commission for one (1) Summit St District Rep, to fill three year term March 29, 2007 - March 29, 2010; Telecommunications Commission to fill a three year term March 13, 2007 - March 13,2010. Applications must be received by 5:00 p.m., Wednesday, April 25, 2007; Library Board of Trustees for three vacancies to fill six year terms July 1, 2007 - July 1, 2013. Applications must be received by 5:00 p.m., Wednesday, May 9,2007. The Mayor noted the current vacancy: Housing & Community Development Commission to fill an unexpired ending September 1, 2008. Applications must be received by 5:00 p.m., Wednesday, May 30,2007. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Tom Niblock. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to appoint Patrick Carney, 514 Oakland Avenue, to the Public Art Advisory Committee to fill an unexpired term ending January 1, 2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the vacancy on the Human Rights Commission to fill an unexpired term ending January 1, 2009, will be readvertised. [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.] Mayor Pro tem Bailey noted the entrance sign on Dubuque Street was missing some letters again, and questioned the frequently of replacing the letters. The City Manager stated the City had invested in the original sign and replacement letters had been ordered; Asst. City Mgr. Helling responded to an annual clean up by noting the Downtown Association was planning an annual clean up of the downtown area, and the City Mgr. noted the success of the creek clean-ups; thanked Presidential Scholars for inviting her to their tea; and suggested Mayor Wilburn write a letter to the Mayor of Blacksburg, Virginia, sharing our thoughts as a community that experienced a similar tragedy. Council Member O'Donnell acknowledged members of the West High wrestling team that had accepted a proclamation earlier in the evening; and reported on the reconstruction of the house at Bayard Street by Frantz Construction and urged everybody to see it. Council Member Correia noted an article in the Daily Iowan regarding upcoming events (i.e. "Catch an Illegal Immigrant" game) by a University sponsored organization called the College Republicans, and questioned if there was anyway the City could not permit this to occur in a City Park. City Atty. Dilkes stated as long as the group had followed the process the park is a public forum. Mayor Wilburn congratulated the University of Iowa School of Music on their year long centennial celebration of a variety of musical acts. City Atty. Dilkes reported that the State Supreme Court had scheduled oral arguments on the Charter amendment case for April 24, and that she hoped they would be on track to have an opinion in June. Complete Description April 16, 2007 Page 7 In response to City Clerk Karr, Council agreed to combine the work session and formal meeting on Monday, May 14. Moved by O'Donnell, seconded by Champion, to adjourn 9:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk